bluuebunny/crossref_metadata_2025 huggingface dataset:
Amendments to the constitution: general theoretical aspect
Authors: Byelov D.M. , Bysaga Y.M. , Berch V.V.
Published: November 2023

It suggests that improving the process of drafting constitutions and implementing constitutional support is critical to world-building efforts in the twenty-first century. We live in the days of constitutions; more than half of the nearly two hundred existing national constitutions have either been reformed or drawn up in the last thirty years. Every year, about twenty constitutional reforms are carried out and new higher laws are adopted, most of which are part of the peace-building process in countries torn by war or as a result of economic or social crises.

It was noted that the main dilemma of Ukrainian constitutionalism of the transitional period was expressed in the conflict between the principles of Soviet legitimacy (the so-called «Soviet democracy») and plebiscite presidential power. However, this conflict has not received a final solution until today. It is most clearly manifested in the opposition of various political forces to the Constitution and finds expression in changes to it. This phenomenon is by no means completely new in history.

Analysis of the changes to the Constitution makes it possible to draw conclusions about the general direction of these initiatives. Thus, among them there are no proposals related to the constitutional regulation of property relations and the social sphere in general (for example, land law), an extremely small number of changes related to territorial organization, organization on the new basis of local administration and self-government, administrative and judicial reform (problems of democratization of the legal system and ensuring the rights of the individual), that is, precisely those fundamental issues that form the basis of legal modernization.

In conclusion, one should be deeply aware of all responsibility for the strategy, implementation and consequences of the political reform aimed at updating the Constitution in accordance with new realities, balancing power relations in the state, and consolidating society. This large and multifaceted work can be considered successful only when it brings real positive changes to our lives, has a beneficial effect on all spheres and in all dimensions - from the nation, the state to a specific person and a specific family. It should be assumed that changes of such a scale and depth objectively introduce elements of instability and disagreements into society and the political situation. Therefore, they must be balanced, accurately and responsibly calculated and implemented in the shortest possible time, without disturbing the general atmosphere in the state, the rhythm of its economic life. For these reasons, it is no less important that such campaigns are carried out as rarely as possible.
The concept and characteristics of the principles of legal regulation of social security in the context of the development of the concept of civil society
Authors: Haievyi V.V.
Published: November 2023

The article aims to elucidate the concept and delineate the key features of the principles governing the legal regulation of social security, particularly within the evolving framework of civil society in Ukraine. Drawing upon a comprehensive analysis of scholarly approaches to understanding the "principles of law”, as well as by defining the specific characteristics of principles that govern the legal regulation of social security, this article outlines the concept of "principles of legal regulation of social security in the context of the development of civil society". The author suggests that these principles should be understood as objective patterns encapsulated in foundational ideas. These ideas carry imperative requirements for the regulatory framework, which aims to maintain social security through the involvement of civil society actors. This approach enables the construction of a coherent and equitable legal system, as well as the maintenance of law and order in the social domain. The principles guiding the legal regulation of social security in the context of civil society development possess distinct characteristics. These principles are both fundamental and directive, serving to orient the rule-making process toward embodying the essence of law and reflecting societal values and ideals. The principles in question guide the ideological underpinnings of the rule-making process and codify social values into legal terms based on theoretical understanding. Moreover, these principles are imperative and normative in character when it comes to the legal regulation of social security within the evolving framework of civil society. The conclusions of the article summarize the socio-legal significance of the principles of legal regulation of social security in the context of the development of the concept of civil society.
Somatic rights and medical law: issues of protecting dignity and autonomy
Authors: Berch V.V.
Published: November 2023

It is noted that somatic rights, which define human rights to the inviolability of the physical body and medical autonomy, are gaining increasing importance in the modern world. The protection and enforcement of these rights are becoming urgent challenges because they determine the way in which health care is provided and received.

It has been established that somatic rights are defined as human rights to the inviolability of the physical body and the right to control it. These rights include the right to privacy of medical information, the right to freely choose medical procedures, as well as the right to confidentiality and protection from any form of medical discrimination. Somatic rights are an important aspect of general human rights and ensure that individuals can make their own decisions about their physical health and medical procedures.

It is emphasized that medical law recognizes the right of a person to freedom of choice of medical procedures and treatment, as well as the right to refuse medical intervention. This is related to a person's right to control his physical body and make decisions about it. It also provides protection against any form of medical discrimination based on gender, age, race, religion or other characteristics, which contributes to the observance of the principle of equal opportunities and respect for somatic rights in all areas of medical practice.

It is emphasized that reproductive rights include the right to freely choose the number of children, intervals between births, as well as the right to access information and services related to reproductive health. They allow a person to make decisions about their reproductive future according to their own values and beliefs. Medical law includes norms and principles that regulate medical practice, relationships between medical professionals and patients, and also ensure compliance with ethical standards in the medical field.
Public service tools as elements of administrative protection of the fuel and energy sector
Authors: Sagaydak O.O.
Published: November 2023

The article is devoted to the study of public service tools, which are elements of administrative protection of the fuel and energy sector. It is noted that the specifics of public service tools as elements of administrative protection of the fuel and energy sector are affected by the following factors: a) they are implemented within the scope of activities related to administrative protection, therefore they are used by authorized subjects of executive and administrative activity in the manner determined by legislation and form; b) they are measures and methods that meaningfully cover the regulation of social relations within the fuel and energy sector by ensuring the provision and provision of quality public services in the specified area.

Public service tools of administrative protection of the fuel and energy sector are defined as a set of measures and methods used by authorized entities in the manner and form determined by legislation to ensure the provision of quality public services within the fuel and energy sector.

The public service tools of administrative protection of the fuel and energy sector are singled out, which have a proper external reflection and meaningful content, related to the provision of public services in the field of the fuel and energy sector: 1) adoption of normative legal acts; 2) adoption of individual acts; 3) conclusion of administrative contracts; 4) adoption of acts-plans; 5) committing legally significant actions. Examples of the use of these public service tools were analyzed. It was concluded that the vast majority of normative legal acts as public service instruments of administrative protection of the fuel and energy sector are adopted by the National Commission, which carries out state regulation in the spheres of energy and communal services in the form of resolutions. Attention is focused on the fact that the administrative contracts adopted for the regulation of the fuel and energy sector are mainly concluded to settle issues of public service provision or instead of an individual act and are approved by the National Commission, which carries out state regulation in the spheres of energy and communal services.
Toolkit for optimization of administrative and legal provision of the security sector of Ukraine
Authors: Tsybulnyk N.Yu.
Published: November 2023

The article is devoted to the study of the toolkit, with the help of which it is possible to optimize the administrative and legal provision of the security sector of Ukraine. Attention is focused on the fact that administrative and legal support outlines the boundaries of the subject structure of regulatory activity in such a way that it can be carried out not by any state bodies, but only by those that perform powerful public management functions. Subjects of administrative and legal support of the security sector include: 1) those that manage the security sector; 2) those that are part of the security sector and implement separate measures aimed at the proper state of national security.

It has been established that the toolkit of administrative and legal provision of the security sector is a set of methods, techniques and methods used by authorized entities to regulate social relations, the content of which is aimed at protecting state sovereignty, territorial integrity, the democratic constitutional order and other national interests of Ukraine from possible threats.

The toolkit of administrative and legal provision of the security sector is classified according to the following criteria: 1) depending on the subject of application; 2) depending on the form of external fixation; 3) depending on the direction of action; 4) depending on the object to be secured; 5) depending on the time of application, etc.

Attention was drawn to the need to optimize the tools of administrative and legal provision of the security sector. The importance of the implementation of digital technologies in the activities of specially authorized entities in the field of security is analyzed. It is noted that the peculiarity of the security sector determines the additional need for prompt response to emerging threats and the use of flexible mechanisms for their elimination. It is proposed to amend the legislation by establishing the possibility of making decisions by the National Security Council in the form of directives that do not require additional implementation through the adoption of a corresponding decree by the President of Ukraine, are of general obligation and are adopted during the period of the legal regime of martial law.
The constitutional right to education as a mechanism for guaranteeing the personal freedom of a person and a citizen
Authors: Bysaha Yu.
Published: November 2023

The article analyzes and singles out a scientific problem related to the constitutional right to education and guarantees of its protection in the context of European integration processes. Based on the standards of national and international legislation, the place of the right to education in the system of human rights and its relationship with the catalog of constitutional rights and freedoms was investigated. A proper definition of the constitutional right to education is proposed.

Particular attention in the article was devoted to the issue of the entry of education into the European space. In order to effectively implement the right to education, particularly in the context of globalization and European integration processes, the education system is being reformed and modernized, including the legal sphere, and its adaptation to European standards.

The Association Agreement between Ukraine and the European Union is of particular importance for the process of European integration in education. It was found out that the Ministry of Education and Science pays considerable attention to reforms in the field of education and science, including in wartime conditions.

The constitutional guarantees that make up the content of the constitutional right to education and its protection are analyzed. In particular, attention is devoted to a special guarantee - the protection of the constitutional right to education. Thus, based on the results of the research of the domestic judicial practice and the professional activity of the European Court of Human Rights, the essence and content of the guarantees of protection of the right to education were clarified.

Analyzing the current judicial practice, it was established that the most frequent reasons for appeals are the following: refusal to recognize a document on higher education (including the procedure for recognizing a foreign educational document by Ukrainian authorities); violation of the rights to higher education by normative legal acts of the executive power, local self-government bodies and other authorities; appeal against the decisions of the appeal commission of the Ukrainian Center for the Evaluation of the Quality of Education, regarding the refusal of registration or violations during the conduct and results of the external independent evaluation; availability of external independent assessment and sufficient education of students regarding this process.
Key features of the differentiation of the legal regulation of the labor of transport workers
Authors: Prokopiev R.E.
Published: November 2023

It is indicated that one of the key rights of every individual in a democratic and independent state is the right to work, which, according to the Constitution of Ukraine, includes the opportunity to earn a living by work that a person freely chooses or freely agrees to. It is emphasized that the labor activity of a person should be stimulated in a certain way, not only in the form of separate material payments, but also by providing guarantees, benefits, advantages and privileges for certain categories of workers in accordance with their professional duties.

The article provides the author's understanding of the concept of «differentiation of legal labor regulation» and based on it, the main features of the differentiation of legal labor regulation of transport workers are highlighted and considered. It is emphasized that there is no normative-legal consolidation of the concept of «differentiation of labor», which makes it difficult to understand the specified concept, as well as to define the criteria that are used to characterize the specified concept. Particular attention was paid to such features as determining the purpose of applying the differentiation of legal regulation of labor relations of employees; the internal structure of differentiation; implementation methods; forms of expression and methods of fixation.

The author comes to the conclusion that the differentiation of the work of transport workers is characterized by a number of essential features that deepen the understanding of this legal phenomenon and its further research. In our opinion, the signs of labor differentiation of workers in the transport sector offered by us better ensure the individualization of legal regulation of their labor relations, and also reveal in more detail the purpose of applying such differentiation. Thus, this conditions not only the effective development of labor law in general, but also, undoubtedly, is the basis for effective and unprecedented guarantee of labor rights of employees of transport enterprises, their employers, trade union associations, etc.
Advantages and disadvantages o the establishment of local self-government in the Federal Republic of Germany during the First World War
Authors: Bykov O.M. , Stepanenko N.V.
Published: November 2023

The scientific article is devoted to the issue of researching the advantages and disadvantages of the formation and development of local self­government in Germany in the period before the First World War, when it was Germany that chose the model of local self-government. The article reveals the main issues of the genesis of local self-government in Germany. The article reveals the issues of legislative regulation of local self­government in Germany at various historical stages. The scientific article states that by the end of the 19th century. only Prussia retained open voting, and other parts of the German Empire implemented secret voting; the principles of counting votes also differed; with the same number of votes, a draw was held; in Bavaria and Baden at the beginning of the 20th century. the system of proportional representation was introduced. The article stated that the specified period included demands for universal secret direct suffrage for all German citizens aged 20 and over, proportional elections, full provincial, district and community self-government through officials elected on the basis of universal suffrage, and stipulated the abolition of all local governments appointed by the state. The struggle for universal suffrage is revealed, gender policy in the field of local self­government is given, in particular, the possibility of women to participate in the work of executive commissions that dealt with issues of care, public education and sanitation at local authorities, and the legislative prerequisites for this are indicated. It was determined that during the creation of the German model of local self-government in the 19th century. English local self-government was taken as a model. The article examines the implementation of bureaucratic decentralization and integration of local self-government into the system of state authorities. It was stated that the corresponding period in Germany was spent in search of a suitable model of implementation of local government, the choice of English or French in particular.
The current state and prospects of legal regulation of parliamentary ethics in Ukraine
Authors: Zozulia O.I.
Published: November 2023

An analysis of the legal regulation of parliamentary discipline and deputy ethics in Ukraine was performed, its essence and features were determined, as well as the priority directions for improving the legal basis for ensuring compliance with discipline and the norms of deputy ethics in the Verkhovna Rada of Ukraine were substantiated. It has been established that today the rules of deputy ethics are formulated in a too general form and legally imperfect, they no longer meet the requirements of modernity and are objectively insufficient due to the lack of an effective mechanism for holding people's deputies of Ukraine accountable for violating the rules of deputy ethics. The lack of stable parliamentary discipline, the low level of culture of people's deputies of Ukraine and the widespread practice of non-compliance with ethical standards by them negatively affect the effectiveness of activity of the Verkhovna Rada of Ukraine, the authority of the parliament and the public confidence in it. This is a consequence of the lack of substantive legislative regulation of the rules of conduct in the parliament and norms of deputy ethics. It is substantiated that ensuring compliance with discipline and rules of deputy ethics in the Verkhovna Rada of Ukraine primarily requires amendments to its Regulations and the Law of Ukraine "On the Status of a People's Deputy of Ukraine". They should comprehensively regulate the rules of conduct and norms of deputy ethics in the parliament and beyond, determine the procedure and subject of control over their compliance, balanced sanctions and a transparent mechanism of prosecution for relevant violations. It is emphasized that the norms of deputy ethics should oblige people's deputies of Ukraine to act honestly and impartially, exclusively in the interests of fellow citizens, to make decisions openly and transparently, to bear responsibility for their actions, to respect honor and dignity of other persons, to avoid conflict of interests and to be an example of ethical behavior.
Interaction of non-governmental human rights organizations with local self-government
Authors: Shcherbanyuk O.V. , Sinkevich O.V.
Published: November 2023

The article is devoted to consideration of interaction and relations that arise between non-governmental human rights organizations and local self-government bodies. Prerequisites and opportunities are established for local self­government bodies in cooperation with the civil sector. The political influence on the result of the interaction of non-governmental human rights organizations with local self-government bodies was analyzed, the positive and negative consequences of it, as well as the reasons that give rise to such interaction were established. Based on the current situation, namely the revitalization of the decentralization process, the emphasis is placed on the importance and prospects of interaction of non-governmental human rights organizations with local self-government bodies. The experience of decentralization of foreign countries is considered, as well as the essence of the main regulatory acts of the European Union is revealed. Particular attention is paid to the peculiarities of cooperation between non-governmental human rights organizations and local self-government bodies in the reconstruction of Ukraine, as well as control over the use of charitable donations for reconstruction in the regions.

It was concluded that for the successful and effective work of NGOs on the ground, it is extremely necessary for them to cooperate with local self-government bodies, territorial communities, which not only know, but also help solve existing problems. Unfortunately, at the legislative level, the issue of interaction between NGOs and local self-government bodies is still not settled, and due to political pluralism and increased politicization of most problems, the cooperation of these institutions may be ineffective. Nevertheless, the decentralization reform in Ukraine, in our opinion, was successful, and therefore, it remains only to normatively regulate the issue of interaction between NGOs and local self-government bodies in order to achieve the set goals. The experience of leading countries will be useful in this.
Significant transaction criteria: issues of legislative definition
Authors: Hrynyshyn Kh.M.
Published: November 2023

The article examines the issues of legal regulation of significant transactions of a joint­stock company based on an analysis of the current legislation of Ukraine that regulates the issues of significant transactions of a joint-stock company and the practice of its application. The possibility of distinguishing three basic characteristics of a significant transaction of a joint-stock company is substantiated: 1) it is a transaction carried out by a joint-stock company; 2) it must meet certain criteria established in the Law of Ukraine «On Joint­Stock Companies» and/or the local regulations of such a company; 3) the decision on its conclusion is made by the authorized management body of the joint-stock company. The latter characteristic is also a special condition for the execution of this transaction.

It is established that the value criterion is fundamental for determining the classification of a transaction as significant for a joint-stock company. It is disclosed through the percentage ratio of the market value of the transaction object to the value of the company's assets according to the latest annual financial statements. It is argued that the use of the «market value» category has several advantages. At the same time, it is noted that for certain cases, determining the market value of the transaction object may be impossible. This proves the need to develop an alternative legislative approach for these specific situations.

Based on the analysis of the statutes of joint­stock companies, an additional criterion for classifying transactions as significant, which is often encountered in practice, is determined depending on the nature of such a transaction. The constituent documents establish a list of transactions, most often contracts, which are recognized as significant for a specific company.

The author examined the judicial practice related to significant transactions of a joint-stock company. It is argued that it is advisable to apply heightened requirements for concluding transactions related to the disposal of the company's property only when it concerns alienation of property, and not any other form of disposition of it.

It is proposed to allow joint-stock companies to independently decide on the establishment of additional criteria for significant transactions in their charters, regardless of the method of disposition of the property, which is the subject of such a transaction.
Legal regulation of relations of protection of personal non-property rights of servicemen in various branches of law
Authors: Levytskyi M.O. , Loginova N.M.
Published: November 2023

Armed aggression by the russian federation, where disputesare resolved withthe help of weapons, committing terrorist acts and other violent actions that cause death, maiming, damage to the health of the civilian population and military personnel, as well as a constant threat to independence and state sovereignty, territorial integrity, is modern realities of Ukraine. In this situation, the National Security Strategy of Ukraine lists defense of independence and state sovereignty, restoration of territorial integrity within the internationally recognized state border of Ukraine, protection of the rights, freedoms, and legitimate interests of Ukrainian citizens as priorities of Ukraine's national interests and ensuring national security. The most important role in solving the tasks of defense and security of the state belongs to military personnel who carry out military service - state service of a special nature.

The efficiency and quality of military personnel activities depend on state guarantees in accordance with their socio-economic, legal, political situation and modern realities. Military personnel are subject to the norms of general legislation, therefore they have general rights, freedoms and obligations as natural persons.

The protection of the civil rights of military personnel involves the application of protective measures defined in legislative acts (civil, criminal, administrative, and disciplinary) or a contract (civil-legal, administrative, material). Civil legal protection of the civil rights of military personnel means the application of protective measures, including measures of civil legal liability, defined only by acts of civil legislation or a civil law contract.

Military personnel acquire the right to civil legal protection in case of violation, non-recognition or dispute of civil law, as well as in cases of abuse of law, danger or threat to their life and health.
Scientific studies of the sociological concept of law in the USA in Ukrainian jurisprudence and their source base
Authors: Vistak I.
Published: November 2023

The article analyzes scientific studies of the sociological concept of law in the USA in Ukrainian jurisprudence and characterizes their source base. It is shown that historiographical sources unite the scientific directions of such legal sciences as the philosophy of law, the general theory of law and the state, the sociology of law, the history of law and the state, the history of political and legal studies.

It is noted that in the Ukrainian historiography of the sociological concept of law in the USA in the 20th century. the process of determining its place and role in the history of world legal thought by comparing it with other concepts (primarily positivist) continues. It has been established that an important component of Ukrainian historiography is the sociological concept of law in the USA in the 20th century. a research methodology was developed and tested, including knowledge of the sociological approach, historical-conceptual and other research methods. It is emphasized that the Ukrainian historiography of the sociological concept in US jurisprudence of the 20th century. actualizes its research within the framework of the development of integrative legal understanding, socialization and anthropologising of law, as well as the concrete- historical conditions of the development of law in Ukraine, related to globalization and European integration processes. It has been established that the modern stage in the development of the historiography of the sociological concept of law in US jurisprudence of the 20th century. differs from previous ones in the appearance of special scientific studies (primarily dissertations), based on which the source base is expanded (at the expense of new English-language and translated literature), new approaches to the history of ideas in general and legal ideas in particular, the basic principles of conceptual approaches, conceptual apparatus and applied nature. It is summarized that new studies of the history of the sociological concept of law in the USA in the 20th century, including ours, aim to complete a certain stage of the historiographical process on the basis of historicism, that is, to find out the specific historical circumstances and other processes: political, philosophical, social, special views of Ukrainian scientists on when and under what circumstances the sociological concept arose, what are the main stages in its development and what has it become now.
Information as a weapon: features of application in modern realities
Authors: Blikhar M. , Melnyk Yu.
Published: November 2023

The article defines and considers the features of using information as a weapon in modern society. As of today, information legal relations are rapidly developing, which is due to scientific progress, the use of innovative technologies and the emergence of new information resources. Many legal concepts are gradually losing their relevance, despite the fact that some acquire new meaning in connection with various historical events and require clear legal regulation. One of these is information, which is currently used not only as new knowledge or a commodity, but as a weapon, especially in the context of hybrid wars. After all, then the psychological processing of the conflict region is carried out, which affects not only military personnel, but also the civilian population. It is clear that the post-industrial society has many information opportunities, but the use of information weapons requires a detailed study, taking into account the current situation in the world, in particular in Ukraine. Every year, information turns into a means of political influence, losing its main function. And it is this that creates a danger for the development of states and future generations, since many modern wars begin precisely with information wars. In view of this, it can be argued that the topic of research «information as a weapon» needs a comprehensive study from a legal point of view. An analysis of a number of current legal acts related to informational legal relations was carried out, in particular the Law of Ukraine «On access to public information». Given the novelty and certain specifics of information law, there are still no unified studies on the essence of «information weapons» and related concepts. In order to protect and protect the information rights of a person and citizen, as well as the rights to life, freedom and dignity in democratic states, it is necessary to systematically analyze the concept of «hybrid war» as a legal phenomenon and gradually fill the gaps in information legislation. Thanks to the use of many textbooks and achievements of modern legal thought (scientific works), problematic issues of this topic were revealed.
Determining the status of prisoners of war in customary law and legislation of the Muscovite kingdom of the 15th-early 18th centuries
Authors: Havrylenko O.A.
Published: November 2023

The article is devoted to highlighting the processes of formation of the specifics of the status of captives according to the norms of customary law and legislation of the Muscovy kingdom (Moscow state) during the 15th - early 18th centuries. The relevance of addressing these issues is due to the fact that the customs and views developed at that time, as well as the norms of positive law, still determine the peculiarities of the attitude of Russians towards prisoners, which is largely determined by the specifics of the national mentality and legal tradition.

It is shown that the attitude towards captured foreigners, the legal basis of their status in the Muscovite Empire were laid down in the course of the formation and development of customary law, which was formed long before the period considered in this article. It is emphasized that since in the 15th - at the beginning of the 18th century. before there was a division into combatants and non­combatants, the terms "prisoners" and "captives" meant both captured soldiers of the enemy army and representatives of the civilian population who were deprived of personal freedom and found themselves under the complete power of the enemy. Captives were divided into "state” and "private”, although specific subgroups can be identified within these groups depending on the peculiarities of their legal status.

The status of prisoners in the Muscovite Empire was determined primarily by customary law, although over time, acts of legislation appeared that contained norms aimed at regulating the legal status of prisoners. A vivid example of such legislation is the Senate decree of November 27, 1717 "On the prohibition of baptizing and marrying Swedish prisoners of war.”

It is noted that a valuable source for elucidating the complex of customs regarding the treatment of captives can be considered the works of European diplomats, merchants, and soldiers who had been in the Moscow state for a long time and were well acquainted with local orders. They contain interesting information on ethnopsychology, the history of diplomacy, as well as the history of law. The value of this historical source is enhanced by the fact that the observations, facts and considerations given in it are confirmed by other sources. A conclusion was made about a certain continuity in the national character of the population of modern Russia, customs that, even now, under the conditions of the spread of legal nihilism in Russian society, largely regulate the behavior and activities of citizens of the Russian Federation, in particular, military personnel, mercenaries of private military companies, etc.
Population health as a component of public security: the experience of the European Union and Ukraine
Authors: Kamensky D.V.
Published: November 2023

The scientific article, taking into account the original concept of public safety, examines the European experience and domestic approaches to public health protection in a comprehensive, risk-oriented and preventive mode. The urgency of the investigated issues is shown not only in national, but also in international dimensions. The EU initiative on health security (2020-2025), which aims to create a regional workforce responsible for the prevention and control of infectious disease challenges and strengthen regional cooperation to overcome cross-border health security threats, has been positively evaluated. It is established that the outbreak of COVID-19 in the world has created new "opportunities" for organized criminal groups, given that law enforcement agencies are actively involved in resolving crisis situations in order to reduce the further spread of viral infection.

From the standpoint of legal comparative analyses, the Ukrainian approach to public health protection within the national public safety program is highlighted. In particular, in Ukraine, the sphere of public security includes relations related to compliance with quarantine rules and the fight against particularly dangerous infectious diseases and epidemics. It was noted that the task of the Ukrainian authorities in the context of countering the spread and consequences of the corona crisis was not only the introduction of administrative and strengthening of criminal liability, but also the introduction at the local level of clear and specific rules of conduct during quarantine and timely and full communication of their content to the population.

It is emphasized that the duty of citizens during large-scale threats to health is to strictly comply with regulations and requirements of competent authorities. It was determined that this directly depends, first of all, on the clear interaction of such state institutions as the bodies of the National Police, the State Emergency Service, the National Guard, local self-government bodies, communal enterprises, health care institutions, transport, human rights organizations, public associations for the protection of law and order among themselves and with the public.
The issue of economic and legal prerequisites for the emergence and development of compliance in the sphere of banking activities
Authors: Mulyk A.
Published: November 2023

The article examines the issue of prerequisites for the emergence and development of compliance, which is becoming increasingly widespread in the sphere of business in Ukraine. Compliance control is a necessary and mandatory element of the activities of Western companies, both financial and representatives of other areas of business. Compliance came to Ukraine relatively recently and has not become widespread in domestic business. The issue of compliance is relatively new not only for domestic financial science and law enforcement practice, but also for industries, agriculture, and medicine in the framework of control, prevention and prevention of risks associated with non­compliance with the requirements, rules, and regulations of the law. That is why in the field of ensuring banking security, it is necessary to comply with the requirements of the legislation regulating relations in the field of banking activity, with the aim of increasing the efficiency of operations, increasing competitiveness and investment attractiveness. Failure to comply with this requirement may cause irreversible consequences for the banking institution itself, for the state, as well as for investors, partners, shareholders and customers. Prevention of these negative consequences is the task of an effective banking compliance system as an element of Ukraine's economic security. For a better understanding of the meaning of the compliance procedure, in the article, the author singles out the economic and legal prerequisites for the emergence of compliance, its importance, development in Ukraine, and the consequences of applying this procedure. Recently, the banking system of Ukraine has been significantly affected by changes in economic conditions, namely military actions that caused a decrease in assets, created a large number of risks and threats for banking institutions. The current state of Ukrainian control over compliance with legislation in the compliance system in banking requires research and a critical analysis of its regulatory framework in Ukraine to determine effective directions for the development of legislation in this area. The author analyzed international compliance documents that define the principles of compliance, contain recommendations for building an effective compliance function, establish mechanisms for the implementation and functioning of the compliance control system, regulate issues of identification, assessment, management, and timely notification when compliance risks are identified.
Legal status of the head of the health care institution
Authors: Prystaya M.
Published: November 2023

The article examines the administrative and legal status of the head of a health care institution. The content of the concept and theoretical provisions of legal status are analyzed, its types are defined.

It was determined that the legal status of the head of a health care facility can be considered a special legal status, which, on the one hand, means that all heads of health care facilities have this status, and not a specific one. And on the other hand, this means that the special legal status is regulated by the norms of various branches of law, and not just one. However, differences in the legal status of managers of state and communal health care institutions and managers of private institutions lead to the conclusion that their legal status is characterized only by individual features.

It has been established that the main special acts that determine the legal status of the head of a health care institution include the Fundamentals of Ukrainian legislation on health care, the Resolution of the CMU on approving the Procedure for concluding a contract with the head of a state, communal health care institution and standard contract forms with the head of the state, communal health care institution, as well as the Directory of the qualification characteristics of employees' professions.

It was concluded that the rights and responsibilities of the head of a state and communal health care institution are characterized by similarity to the powers of an administrative body. The right of managers of such institutions is not exercised in the same way as the right of an individual is exercised, namely, on the basis of freedom of free choice, but on the performance of tasks and functions of the manager. That is, there is less variability in the choice of behavior. With regard to private health care institutions, the absence of a standard contract approved by a government act leads to greater variability in determining both the rights and duties of the manager, as well as the institution's management structure itself.
Regulatory and legal provision of financial security in Ukraine
Authors: Prots I.M.
Published: November 2023

The article, based on a comprehensive systematic analysis of national legislation in the field of financial security, considers the problems of building a system of legal acts, which are closely related to many topical issues of jurisprudence, first of all, to the creation of a unified legal space of Ukraine and the problem of the effectiveness of legal regulation. A legal act is considered as one that expresses the will of the subject of law and a decision drawn up in the established order, designed to achieve socially positive goals (regulate social relations) and carries certain legal consequences.

All these questions need scientific understanding. The goal is to solve the scientific task of developing a complex of theoretical provisions and practical recommendations regarding the formation of a mechanism for ensuring the financial security of Ukraine.

The article uses methods of analysis and synthesis, formal-logical, financial-economic, com­parative-legal, historical, systemic, analytical, sta­tistical. It was determined that financial security was studied as a dynamic phenomenon, that in a practical sense, security should be understood as a property (state) of finances in which the probability of undesirable changes in some of their qualities is not higher, but not lower than certain limits.

The correlation between various legislative acts is carried out. It was investigated that financial security does not exist for the sake of security as such, but is aimed at ensuring expanded reproduction, achieving economic growth and increasing the welfare of the people, which was reflected in the interpretation of the concept of financial security. The interpretation of the concept of "ensuring financial security” has been clarified, which is proposed to be considered as an activity of the state and society, aimed at the implementation of a national idea, at the protection of national values and interests in the financial sphere, which is implemented through the support of financial stability, which is expressed in the form of a balance of independent links and elements financial system of the state.
Analysis of the legal aspects of civil and criminal liability in contracts
Authors: Madaoui N.
Published: November 2023

Liability is considered one of the most important topics addressed by legal specialists, and it is one of the old and renewed topics as long as the contract exists and the obligation exists.

In general, civil liability refers to the legal responsibility for one's actions that result in harm to another person or entity. It is a legal obligation wherein the defendant must compensate the damages or follow the court's order with regard to the civil lawsuit . On the other hand, criminal liability refers to the legal responsibility for one's actions that violate criminal law and are punishable by imprisonment, fines, or other penalties .

In the context of contracts, civil liability arises when one party breaches a contract and causes harm to another party. The harmed party can sue the breaching party for damages in a civil court . Criminal liability arises when a party commits fraud or engages in other criminal activities while entering into or performing a contract. In such cases, the breaching party can be prosecuted in a criminal court and may face imprisonment or fines ■

Whether civil or criminal, this is what was discussed in this article, which relied on a group of studies and in accordance with the legal approach applied in studies and research, to arrive at a set of results.

Contract law balances holding parties accountable for their promises, while acknowledging that not all breaches are willful reneges of core obligations. In good faith disputes, remedies aim to make the aggrieved party whole, not punish the breacher. But for deceitful misrepresentations and other unlawful contract activities, harsher civil penalties and criminal sanctions come into play. Contract law weaves together civil liability, criminal fraud deterrence, and equitable remedies to produce a nuanced, multi-faceted system of justice surrounding contractual agreements and disputes.

The article finds that the law balances holding parties responsible for their promises, while recognizing that not all violations amount to a deliberate deviance from basic obligations. In good faith disputes, remedies aim to make the injured party whole, not to punish the wrongdoer. But for deceptive misrepresentations and other illegal contract activities, more severe civil penalties and criminal penalties apply. Contract law combines civil liability, criminal fraud deterrence, and equitable remedies to produce a nuanced and multifaceted system of justice surrounding contractual agreements and disputes.