bluuebunny/crossref_metadata_2025 huggingface dataset:
Gestión logística interna inversa mediante la heurísitica, redes y simulación de eventos discretos para los procesos de preembarques - caso de estudio
Authors: Casadiego Sarmiento Rafael Emilio , Jiménez-García José Alfredo , Hernández González Salvador , Cruz-Salgado Javier , Ruelas-Santoyo Edgar Augusto , Yánez Contreras Pedro
Published: August 2023

Las operaciones logísticas internas del sector de ensamblaje automotriz, en la actualidad generan múltiples actividades, y este artículo presenta un caso de estudio referente a la gestión para estos procesos de intralogísticos inversos, utilizando la heurística y diseño de red del transporte interno para los montacargas, junto con la simulación de eventos discretos utilizando el software FlexSim Problem Solved ®, con la finalidad de explorar la oportunidad de mejora, en cuanto a tiempos de carga, viaje y descarga de las estibas en su óptimo cubicaje de los contenedores vacíos retornables y en lo posible generar un flujo continuo sin perturbaciones.
Supranationality as an important characteristic of European Union law
Authors: HNITII Andrii , MOSKALENKO Anastasiia , DEMCHENKO Vadym
Published: August 2023

Introduction. This paper examines the problem of formation and activity of the supranational authority of international organizations. It is noted that the need for such a study is due to the strengthening of European integration and the desire of the European Union (EU) leadership to unite member states to ensure stability in the European region. In such conditions, member states have a desire to preserve their sovereign identity and make maximum use of global mechanisms to achieve their goals and further development, without transferring authority to the supranational level.
The purpose of the paper is the analysis of supranationality as an important characteristic of the legal nature of the EU, the determination of its main features through the analysis of the functioning of the institutional system of unification, the division of competences between the EU and the member states, and the disclosure of the principles on which the EU legal system is built.
Results. The paper is devoted to supranationality as an important characteristic of the law of the European Union. It emphasizes the uniqueness of EU law, the norms of which regulate social relations related to the development of integration processes within the EU. The importance of the issue of supranationality of EU law and the need for its further research have been proven. Various views on the concept of supranationality are described and its consideration through the prism of features is proposed. The implementation of supranational characteristics of EU law through the activities of EU institutions is pointed out. Attention is focused on the principle of the rule of law and its role in ensuring unity and stability in the EU legal system, the reliability of legal decisions made. In addition, it is proposed to consider supranationality through the division of competences into three types: exclusive, joint and auxiliary. The authors determined where exactly nationality is manifested the most. It has been proven that the direct effect of norms plays an important role in ensuring nationality. It is noted that this principle establishes the most beneficial interaction of the national law of the member states with supranational law for the achievement of EU goals.
Conclusion. The paper states that the delegation of powers to supranational bodies of the Union does not threaten the state sovereignty of the participating countries, and the elements of supranationality are aimed at achieving the goals of the EU. The decision to increase or decrease the degree of supranationality is decided only by the member states themselves, depending on whether further development of European integration is necessary. Therefore, supranationality in the EU has a contractual basis and can be considered as one of the ways of cooperation of sovereign states in the integration process.
Information technologies in the personnel management system: approach to personnel management
Authors: VINTONIAK Alla
Published: August 2023

The paper highlights the concept of information technologies and the importance of their application in administrative management. The difference in definitions is characterized: information resources, information systems, information technologies. The peculiarities of the combination of information systems with the personnel management system are highlighted. It has been proven that various information technology tools are used in personnel management information systems, which contribute to the optimization and digitalization of various types of information resources. Some programs, tools and technologies used in personnel management information systems are described. The practical features of using HRIS software in the context of administrative management are considered. There are two types of HRIS systems that can be used by enterprises depending on their scale, form of management, financing, number of employees, etc. Cloud HRIS – Hosted off-premise and available online. Local HRIS systems are hosted on companies' own servers. Types of the most popular HRIS systems in Ukraine are given. A proprietary formula for the use of HRIS in a financial company is given.
In general, the paper emphasizes the importance of introducing information technologies into the personnel management system for increasing the efficiency and optimizing the work of enterprises, financial companies, organizations, etc. She emphasizes the need to constantly update technological solutions and integrate them into the personnel management strategy in order to achieve success in the organization.
Improvement of the management system of the enterprise under the conditions of global risks
Authors: PARIEVA Nataliia , BUKOVSKYI Oleksandr , VIKARENKO Vladyslav
Published: August 2023

In the conditions of increased turbulence of the economy, the need to implement an effective management system at enterprises, which would ensure constant improvement of the production process and the implementation of measures to increase the competitiveness of products, goods and the organization as a whole, becomes more and more important. One of the methods of effective management is the implementation of a management system focused on achieving results based on quality goals, namely meeting the needs and expectations of consumers, enterprise development and environmental protection. The changing economic, political and social climate in the world creates new challenges and risks for enterprises, which requires them to have more flexible and effective management systems. Globalization of the economy, which forces business to maintain its competitiveness in the world market, is one of the primary difficulties. In addition, companies must maintain a high level of security of their data and information due to the growing number of technological and cyber threats. The main problems of system management are problems with personnel, problems with the latest technologies, the problem of insufficient control and the problem of the lack of a clear strategy. The article examines the problems of improving the management system of enterprises in the conditions of global risks and crisis phenomena with the help of the implementation of design thinking and Lean management. The main problems of management are defined, taking into account the modern problems of the external environment. An analysis of the features of system management was carried out, the definition of the concept of system management was systematized and formed, taking into account foreign and domestic research. The role of system management in the overall management system of a modern enterprise is determined. The general directions of improvement of the management system of the enterprise are considered. Special attention is paid to the experience and prospects of implementing design thinking and Lean management in modern enterprises.
Features of resource management in the HoReCa sphere during the war period
Authors: KOVALYK Oksana , LEVYCHENKOVA Liliia
Published: August 2023

Introduction. During the war, the hotel and restaurant industry is faced with a lack of resources and the provision of quality services. Understanding the nature of resource management in conflict situations is critical to mitigating the negative impact on the HoReCa business.
The purpose of the article is to study the features of resource management in the HoReCa sphere during the war.
Results. Resource management was determined as a crucial aspect of effective management in the context of the HoReCa sphere during times of war. The meaning of the HoReCa industry covering hotels, restaurants and catering services was considered. Various factors have been identified that affect the HoReCa business during wartime, including threats to personnel safety, risks of destruction of equipment and infrastructure, lack of resources and others. The main features of resource management in HoReCa sphere in wartime were investigated: ensuring the safety of staff and customers, rational use of resources and change management. Ensuring the safety of staff and customers in wartime is in the first place. It is indicated that in order to create security, it is important for enterprises to develop risk management plans, use modern technologies and cooperate with security services and authorities. In conditions of limited resources, effective management of material, financial and human resources includes meticulous budget planning, cost control, and efficient utilization of available financial tools. It is emphasized that managing changes in wartime allows enterprises to adapt to new conditions, quickly respond to changes and use resources efficiently to ensure stability and success.
Conclusions. The article discusses the specificities of resource management in the HoReCa sphere during wartime. It emphasizes the priority of ensuring safety for both staff and customers, necessitating the implementation of appropriate measures and training. Rational resource utilization and adaptability to changes are also highlighted as crucial factors in effectively managing resources under limited conditions.
Contribution of the International committee of the Red Cross in development and implementation of international humanitarian law
Authors: LOZINSKA Svitlana , KIRYK Alla
Published: August 2023

The paper examines the contribution of the International Committee of the Red Cross to the development and implementation of international humanitarian law. It was established that today the Organization plays an important role not only in providing assistance to persons who are in armed conflicts and conflict situations, but also in the development and implementation of the norms of humanitarian law that exist today. It was emphasized that it was the ICRC that conducted intensive preparatory work for the Geneva Conventions and Protocols and prepared the projects that became the basis for the two diplomatic conferences. It was determined that the activities of the ICRC related to the application and observance of international humanitarian law are divided into two areas: activities in peacetime and during armed conflicts. Peacetime activities include: promoting the ratification of international humanitarian law treaties and encouraging states to prepare and adopt national legislation and other necessary measures to implement these treaties at the national level, to include humanitarian law in military and police training curricula, and encouraging states to include humanitarian principles and humanitarian law in educational programs for both schoolchildren and students. The activity of the ICRC during an armed conflict is reduced to ensuring the protection of citizens who are in the hands of the enemy, and in general to control the application of the Conventions. After analyzing the ICRC's role in the development and implementation of international humanitarian law, the main levels at which it works are determined: operational work, legal work, work on knowledge dissemination and monitoring. It has been established that the implementation of the provisions of the Geneva Conventions and Additional Protocols rests with both the ICRC and national governments, which should use the ICRC as a network to support the implementation and promotion of respect for and compliance with international humanitarian law.
Features of strategic management in the HoReCa sector under martial law
Authors: KOVALYK Oksana , LEVCHUK Valeriia
Published: August 2023

Introduction. Strategic management in the HoReCa industry is essential for success, but it becomes even more challenging during times of war. The state of war affects the socio-economic situation and poses new challenges for hotels and restaurants. Recent research and publications highlight the interest in understanding the impact of war on HoReCa's strategic management. Addressing this issue requires developing adaptive strategies, ensuring safety for staff and guests, and maintaining business stability and productivity.
The purpose of the paper is to define the concept of "HoReCa sphere", to identify the features of strategic management in the HoReCa sphere and to study the impact of martial law on strategic management in the hotel and restaurant business.
Results. The term "HoReCa" has gained wide acceptance in the commercial hospitality industry. It encompasses a variety of establishments engaged in the production and sale of food for immediate consumption away from home, primarily hotels, restaurants and catering services. Strategic management in the HoReCa sector plays a crucial role in achieving competitive advantage and ensuring the sustainable development of enterprises in this industry. The strategic management cycle consists of four stages, including analysis of the external environment, formulation of the mission and strategic goals, selection of strategies and their implementation with control. The success of HoReCa businesses depends on flexibility, responsiveness to market changes, a customer-oriented approach and the development of competitive advantages, such as quality service, professionalism and positive community relations. Strategic management in the HoReCa sector is essential for navigating the dynamic and competitive environment of the hospitality industry. In times of military conflict, strategic analysis and planning must take into account unique circumstances, including risk assessment, conservation of resources, adaptation to changing customer behaviour and expectations, and adjustments to supply chains due to the constraints and challenges of the conflict situation.
Conclusion. Overall, strategic management plays a vital role in the success and resilience of HoReCa businesses, especially in times of war, enabling them to respond effectively to market demands and maintain a positive reputation in the community.
The tax policy of Ukraine within the framework of European integration processes
Authors: ROMAN Viktoriia , SLYVKA Yaroslava , MASLIANKA Pavlo
Published: August 2023

During the decades of integration of the domestic tax policy within the framework of integration processes, it was possible to achieve many positive results, however, the long struggle in the field of detinization of the economy, the reform of pension and insurance, land legislation, the conflict of interests in creating a favorable investment climate and protecting the interests of domestic enterprises every time indicates new vectors of further development tax policy of the state.
The purpose of the paper is the analysis of the current tax policy of Ukraine within the framework of European integration processes, taking into account the influence of the state of war on the tax policy of Ukraine.
The results. The tax policy of Ukraine within the framework of European integration processes is aimed at harmonizing the tax systems of EU member countries, which requires the development of mechanism for coordinating their changes, maintaining a balance of protecting national interests and implementing European taxation practices. An important aspect in this is bringing the level of taxation closer to EU requirements, in particular the expansion of the domestic property taxation base and the transformation of the indirect taxation system of Ukraine. Revision of the system and mechanism of tax benefits requires special attention, in particular, prevention of their illegal receipt and control of the effectiveness of implementation for the purpose of the domestic economy.
The influence of martial law on tax policy led to a quick response to the introduction of a number of important regulatory innovations designed to reduce the fiscal burden on business and stimulate the development of small entrepreneurship.
Prospects. Given the significance of the implementation of the Association Agreement with the UE, the creation of the stable regulatory and legal field is an urgent direction for the further development of Ukraine’s tax policy within the framework of European integration processes.
Causes of judicial errors in administrative jurisdiction
Authors: LUKIANENKO Vitalii , KUCHER Tetiana
Published: August 2023

The paper examines the causes of judicial errors in administrative proceedings. It has been established that a judicial error in administrative proceedings is the result of judicial activity, which indicates the inability of the judiciary to effectively protect the rights, freedoms and interests of individuals, rights and interests of legal entities from violations by subjects of authority.
A judicial error is recognized as an error regardless of the presence or absence of the fault of a particular judge who made a decision with an error made in it. The subject of the error, most often, makes it as a result of carelessness, self-confidence, unintentional actions, accidental error, etc. If a judge commits deliberate actions aimed at distorting the fundamental principles of administrative proceedings and grossly violating the rights, freedoms and interests of individuals or the rights and interests of legal entities, then he commits not a judicial error, but a criminal offense.
Judicial errors are a serious obstacle to the effective functioning of the administrative justice system, as they provoke the occurrence of a number of consequences: loss of trust, resource costs, psychological losses. Judicial errors in administrative proceedings have a negative impact on the legal awareness of citizens, their psychological state, undermine the authority of the state in general and judicial bodies in particular, provoke significant financial and time costs, etc. In order to cope with the problem of judicial errors in administrative proceedings, the domestic justice system should strive to: eliminate defects in material and procedural legislation; reducing the workload of judges of administrative courts; bringing the number of judges and court staff to their regular number, etc.
European integration of Ukraine: problems and prospects
Authors: HULITSKA Viktoriia , PYVOVAR Alina
Published: August 2023

The paper is devoted to the process of Ukraine's integration into the European Union, namely, to the analysis of the historical path, comparison of opinions of domestic and foreign experts, and forecasting of possible economic and legal disadvantages and advantages. The authors analyze the economic and legislative provisions of the Association Agreement between Ukraine and the European Union.
The authors emphasize that international integration processes are currently having a significant impact on the functioning of not only regional and state systems, and the establishment of a new international order, but also on the internal policies of individual communities and countries and the daily life of each citizen. The authors note that the opinions of domestic and foreign experts on Ukraine's integration into the EU differ, reflecting different perspectives and interests. Domestic experts may focus on potential economic and political benefits, such as increased trade opportunities, access to EU funding, and increased stability. Conversely, foreign experts may take into account factors such as geopolitical considerations, regional security implications, and the impact on EU cohesion and enlargement capacity. By comparing these perspectives, a comprehensive understanding of the benefits and challenges can be achieved.
The author concludes that Ukraine's accession to the EU is a complex decision that requires a thorough analysis of all possible consequences and benefits for the country. Ukraine's integration into the European Union is a consequential decision with wide-ranging implications. The historical path, opinions of domestic and foreign experts, and an assessment of economic and legal factors are crucial for understanding the potential consequences. By carefully weighing the pros and cons, considering the interests of the country and its citizens, and seeking expert advice, Ukraine can make an informed decision that maximizes the benefits and minimizes the disadvantages of EU integration.
Freedom of contract: prerequisites for development in the conditions of digitalization of the economy
Authors: SICHKO Dmytro
Published: August 2023

Digital technologies influenced the development of civil-law relations in the field of trade, financial, educational, consulting services, entertainment, etc., leading to the emergence of remote forms of offer and acceptance. The development of "business on the network" initiated the practice of applying the principle of freedom of contract by participants in civil-law relations in this renewed capacity. The acquired experience needs to be studied and understood in order to take into account in the legislation the needs of participants in civil-law relations in the world of Internet technologies. The purpose of the paper is to study the prerequisites for the development of the principle of freedom of contract in the digitalized economy. Based on the research materials, it was determined that the main prerequisites for the development of the principle of freedom of contract in the conditions of digitalization of the economy are: 1) increasing the availability of goods, works and services that are ordered (provided) through network technologies; 2) individualization of the provisions of the public offer by e-commerce entities in order to achieve more favorable conditions; 3) provision of timely and complete information to the counterparty before accepting the offer. The results of research into the activities of e-commerce entities show that there is a widespread practice of individualizing essential conditions for categories of unregistered users, which differ based on the frequency of visits to the entity's website, their geolocation, or other technological parameters. Considering the fact that the subjects act on the basis of a public offer (public contract), this practice contradicts the requirements of civil legislation. However, taking into account the requirements of reasonableness and justice, which are the basis of the principle of freedom of contract, we consider it appropriate to consider such a practice (if such an entity operate in a competitive market) as appropriate. We consider it justified to place on the side of the contract developer of the public offer an additional duty to assist the other party in conscious participation in contractual relations. Such an obligation as a legal means of ensuring freedom of will is necessary to ensure the good faith of counterparties in the digital economy.
Legal regulation of IT companies’ functioning in performing tax control (domestic and foreign experience)
Authors: STOROZHUK Iryna , BRYHINETS Oleksandr
Published: August 2023

The paper examines the peculiarities of taxation of IT technology services in Ukraine. The introduction of digital technologies in the field of taxation today is due to the need to simplify the process of processing tax information, reduce the corruption need to improve the quality of services, improve the quality of planning and forecasting the development of the fiscal system and the national economy as a whole. Digitalization can play a key role in helping tax authorities reduce administrative costs, collect more revenue more efficiently, increase transparency and service for taxpayers, and adapt big data flows. As a result, there is a trend towards global digitalization of the tax space, digitization of tax information, and the introduction of new technologies for tax administration. In our opinion, the tax policy of digitalization will remain at the center of its global debate for a long time as to whether international tax rules will change or remain unchanged in an increasingly changing environment. The purpose of the paper is to study the impact of digitalization on the development of tax control. Researched: the trends of digitization of tax administration, such as the creation of web portals for the provision of electronic services, the introduction of an electronic check, the use of automation and data analysis to improve the efficiency of tax control, and the introduction of the practice of using pre-population of tax return. The main problems associated with these processes are outlined, namely the problems of digital exclusion, as well as the possible occurrence of under or over-tax obligations and, as a result, provoking tax avoidance and evasion. It was established that, regardless of certain problematic issues, it is worth noting the possible positive impact of digitalization on the effectiveness of tax control. In particular, changing the format of interaction between the tax authority and taxpayers, increasing the transparency and accessibility of tax services, changing the focus of tax control from activities aimed at detecting committed violations to measures for their prevention, which in turn contributes to increasing the level of trust and tax awareness of tax subjects.
Peculiarities of development of the machine-building sector’s enterprises of Ukraine
Authors: YEPIFANOVA Iryna , PASHKOVA Anhelina
Published: August 2023

The paper is devoted to the analysis of the current state and features of the development of enterprises in the machine-building industry of Ukraine. The purpose of the paper, based on the analysis of literary sources and statistical data, is to investigate the prospects for the development of the machine-building industry in Ukraine and to highlight the main factors affecting its development. The paper emphasizes the importance of the machine-building sector as a key branch of industry and the national economy as a whole, examines methods of research of enterprises in the machine-building sector, production and financial indicators of the industry, as well as problems and challenges faced by the business. In particular, the most important factors affecting the market situation of the machine-building sector in Ukraine, indicators of the efficiency of the use of production capacities, the role of the state and international cooperation in the development of the machine-building industry, as well as innovative and technological development will be considered. The experience of the development of the machine-building industry in other countries, in particular in Europe and Asia, was studied. The problems of the machine-building sector in Ukraine are revealed, namely: lack of a powerful market, lack of access to financing, low level of innovativeness and technological soundness of production, low level of qualification of the workforce. It was determined that the development of the machine-building sector requires a complex approach and decisive actions on the part of the state and enterprises. The need to develop and implement a strategy that will be aimed at increasing the efficiency of using and developing the potential of the machine-building sector of Ukraine and at creating high-tech products that will meet the requirements of international markets has been proven. This material will offer ways to solve the problems of enterprises in the machine-building industry of Ukraine, such as support for exports, innovations and scientific research, development of infrastructure and logistics, and improvement of employee qualifications.
The ways to overcome the crisis situations in the fuel and energy complex field under martial law (Ukrainian experience)
Authors: POLUKHIN Anton , REDKO Kateryna , SELIKHOVA Yana
Published: August 2023

The article reveals the problems of functioning of the fuel and energy complex of Ukraine under martial law. It was determined that Ukraine faced a crisis in the field of energy security due to Russian terrorist attacks on well infrastructure facilities, as well as the main strategies and mechanisms of response to crisis phenomena in the field of the fuel and energy complex, which are carried out through legislative and regulatory changes, were investigated; analyzed changes aimed at ensuring the security of supply and access of citizens to energy during wartime and preventing humanitarian crises. The article provides an overview of the adopted legislative changes in the field of the Ukrainian fuel and energy complex, defines the role of the Energy Community, which helps Ukraine to restore critical infrastructure objects faster and minimize damage from terrorist missile attacks, and also helps with the logistics of necessary materials to overcome crisis phenomena. It is noted that in order to become more independent in the field of fuel and energy complex in the future, Ukraine needs diversification, energy efficiency and fast renewable energy. From the point of view of diversification, Ukraine needs to increase its purchases of liquefied natural gas (LNG) from such suppliers as the USA, Qatar, Norway, African producers and others. Ukraine was able to pass the heating period 2022/2023. And this result was ensured by the heroic efforts of gas workers, heat workers, electricians, employees of the State Emergency Service, transport and logistics. The power industry held on, albeit at a high cost — unfortunately, there were casualties among repairmen, operating personnel, and engineering staff, not to mention the damaged and destroyed infrastructure At present, the global energy crisis is not over yet, therefore, it is extremely necessary to consolidate the efforts of the entire civilized world to avoid possible negative bifurcations in the further development of the situation, in particular, to prevent options and conditions under which this crisis can turn into a global political crisis Ukraine needs to take into account the energy development trends of the world and Europe and focus on decentralized and distributed "green" energy.
Development of public-private partnership in international practice
Authors: ZABASHTANSKYI Maksym , PETRUSHKA Olena
Published: August 2023

Introduction. One of the anti-crisis tools that allow the economy to resist the negative trends that have developed, as well as to ensure and strengthen its sovereignty, is the public-private partnership (PPP)
The purpose of the paper consists in the study of foreign experience of the functioning of public-private partnership, the study of its features and the implementation of positive developments of foreign countries in domestic practice.
Results. The experience of partnership relations between government and business in economically developed countries is actively focused on new, traditionally state-owned industries, which in turn confirms the fallacy of artificially restricting business areas prioritized for PPPs.
In each state, PPP is at a different stage of development, has its own distinctive features: the most acceptable forms, industry specifics, legal and institutional environment. A more detailed study of foreign experience showed that each of the countries has its own most priority sector of PPP use.
In foreign practice, there is no single organizational and legal mechanism for PPP implementation. However, to ensure effective management of PPPs, as practice shows, the functioning of a single management body with a highly qualified staff of employees who have experience in the field of management and skills in promoting projects of various levels of complexity is necessary in each country. The creation of these bodies, as a rule, is initiated by the state executive power with full management control, or they are formed with the support of business, but with a majority stake in the charter of these joint ventures. This allows these bodies to perform functions related to PPP support at all levels of the organization, implementing a strategy in the field of PPP institute development at all levels of government, preparing and equipping all PPP project participants in various areas with project documentation and methodical recommendations, choosing a method of support through the distribution of state PPP funding, and others.
Conclusion. The judicious use of foreign experience for the development of PPPs in our country will help increase the effectiveness of this model of interaction between the state and the private sector. This form of cooperation will allow Ukraine to reach a new level of competitiveness and significantly increase its level of development in the world community.
The concept and signs of anti-corruption expertise in public administration
Authors: DASIUK Viktor
Published: August 2023

The paper is devoted to the essence of anti-corruption expertise in public administration. Scientific approaches to understanding the concept of «anti-corruption expertise» are considered. The author's definition of anti-corruption expertise in public administration is proposed as a public-authority activity of authorized subjects regarding the study of current normative legal acts and draft normative legal acts for the presence in them of corruptionogenic properties of norms that contribute or may contribute to the commission of corruption offenses or offenses related to related to corruption. It was established that anti-corruption expertise in public administration contributes to the identification and elimination of corruption-inducing factors in normative legal acts and drafts of normative legal acts in the field of activity of subjects of administrative legal relations. General and special features of anti-corruption examination in public administration are given. The general features of anti-corruption examination in public administration include the following: legal activity, carried out by a person or a group of persons, based on the norms of the law and subordinate legal acts, carried out on the basis of an officially approved research methodology, is a means of improving legal acts, based on the results of conducting a conclusion is made. The special features of anti-corruption examination in public administration include the following: the goal is to identify factors in current normative legal acts and draft normative legal acts that contribute or may contribute to the commission of corruption offenses or offenses related to corruption; subjects of the event (public authorities, natural persons, public associations, legal entities); the result is a normative legal act in which corruption-inducing factors are absent or minimized; expert conclusions are not retrospective, but prospective; is a means of preventing corruption.
Validity of property rental agreements during the martial state
Authors: ZAVIALOV Yehor , MATSAK Oleksandr
Published: August 2023

After the beginning of the full-scale invasion of the Russian Federation, many Ukrainians were forced to seek happiness abroad, in other unoccupied territories of Ukraine. The paper analyzes the letter of the Chamber of Commerce and Industry dated February 28, 2022. The definition of martial law as circumstances of force majeure (circumstances of force majeure) is indicated. The issue of the validity of contracts that expired under martial law was also highlighted. Such contracts are the most problematic, since they expired during the period of martial law and it is not known what to do with them, whether they will be automatically extended. Amendments to the Civil Code of Ukraine were proposed, which specifically relate to the issue of extending the validity of real estate lease contracts during the period of martial law. The purpose of the paper is to highlight the problem of the validity of property lease contracts under martial law, to suggest ways to solve this situation. The paper also raised the issue of payment of contracts subject to limited use of the relevant property. Yes, because due to the war, a large number of Ukrainians are unable to use rented property or are very limited in its use. The corresponding norms of the Civil Code of Ukraine were noted, which provide that in such a case it will be necessary to reduce the amount of the corresponding rent. In case of impossibility of using such property due to objective circumstances, such lease is subject to cancellation. On this issue, an analogy was drawn with the times of the coronavirus pandemic, as well as the times of the Anti-Terrorist Operation. The relevant judicial practice of the cassation instance was also given, according to which the tenant must prove the existence of a cause-and-effect relationship between the impossibility of using the property and the force majeure circumstance. It was analyzed that the judicial practice on the issue of the need for a cause-and-effect relationship between the impossibility of using the property and the force majeure circumstance did not change with the beginning of the full-scale war and remained the same.
Legal regulation of gender equality under the conditions of martial state
Authors: DATSIUK Tetiana , HIHIN Oleksii , TYMOSHENKO Liubov
Published: August 2023

Introduction. The paper examines the problems of ensuring equal rights and opportunities for women and men and eliminating all forms of social and gender discrimination. The rule of law ensures legal equality between the sexes, which means providing them with equal starting opportunities. The term gender refers to the different social roles, responsibilities and identities of women and men, and the balance of power between women and men in a given society. Gender roles and gender relations differ across countries and cultures and may even differ among different groups within the same society. The paper analyzes the problems of the theory and practice of gender equality in Ukraine. The current state of war in Ukraine requires dynamic changes at the legislative level and the application of best international practices.
The purpose of the paper is to analyze the role and meaning of equal rights for both men and women and the legislative aspects of their provision.
Results. The directions of gender policy in the Armed Forces of Ukraine have been determined separately. The Strategy of Ukraine, which proclaims the formation of gender law and society, has been submitted. The principle of equality, which has several manifestations, is substantiated, one of which is the principle of gender equality, which means an equal approach to everything regardless of gender. The problems of gender differences in personal characteristics associated with constant dynamic changes in the world are indicated, which require consideration of questions regarding the influence of certain gender stereotypes on the professional activity of an individual. The paper presents stereotypes, legal acts ensuring equality and problems of gender identification in modern Ukrainian society. The directions of gender policy in the Armed Forces of Ukraine have been determined separately.
Conclusion. The conclusions of the work consist of research results and further scientific research. Specialists in the economic and legal spheres can use the research information.
Distinction between ecocide (art. 441 of the Criminal Code of Ukraine) and violations of the laws and customs of war as damage to the natural environment (art. 438 of the Criminal Code of Ukraine)
Authors: BRYNZANSKA Olha
Published: August 2023

Introduction. Distinction between corpus delicti of criminal offenses is a necessary condition for the correct classification of the crimes.
The purpose of the paper is elucidation of the signs by which distinction between the criminal offenses of ecocide (art. 441 of the Criminal Code of Ukraine) and violations of the laws and customs of war as causing damage to the natural environment (art. 438 of the Criminal Code of Ukraine) is made.
Results. Since the norm of art. 438 Criminal Code of Ukraine is blanket the provisions of multilateral international agreements and customs on the prohibition of harming the natural environment within military actions are analyzed for elucidation of the signs the corpus delicti of violations of the laws and customs of war as causing damage to the natural environment. The signs of ecocide are devoted in pursuant to the provisions of art. 441 of the Criminal Code of Ukraine.
Joint signs of ecocide and violations of the laws and customs of war as causing damage to the natural environment: 1) subject of the crime – natural environment; 2) amount of damage to the natural environment as result of actions what are qualified under the art. 438 or art. 441 of the Criminal Code of Ukraine; 3) subjective («mens rea») – intentially action; 4) perpetrator – a person who has reached 16 years of age (except military officials).
Dissenting signs of ecocide and violations of the laws and customs of war as causing damage to the natural environment: 1) object of the crime (security of mankind (ecological security) – for ecocide and peace – for violations of the laws and customs of war as causing damage to the natural environment); 2) substantive («actus reus»): violations of the laws and customs of war as causing damage to the natural environment are committed as way of waging war or consequence of waging war and only in the context of armed conflict.
Conclusion. The signs for distinction between ecocide and violations of the laws and customs of war as causing damage to the natural environment are signs of object of the crime and peculiarities of substantive («actus reus») and contextual signs (armed conflict).
The role and significance of administrative procedures for obtaining the status of an internally displaced person and refugee during the martial state and in the post-war period
Authors: SOLOMAKHA Artem
Published: August 2023

The paper is devoted to the study of the role and significance of administrative procedures in the conditions of martial law and in the post-war period regarding obtaining the status of an internally displaced person, a refugee, and persons in need of additional or temporary protection. An internally displaced person must obtain the appropriate status and be on the register of internally displaced persons. In order to obtain a certificate on the registration of an internally displaced person, such a person applies with an application to the structural unit for social protection of the population of district, district in the city of Kyiv state administrations, executive bodies of city, district in cities (in case of formation) councils at the place of residence in the order, established by the Cabinet of Ministers of Ukraine. For registration, you must provide: an identity document (passport); a certificate of obtaining an individual tax number. However, in wartime conditions, unfortunately, not all persons who have the right to claim the status of internally displaced persons manage to keep the specified documents, which significantly complicates the administrative procedure for granting the corresponding status. Taking this into account, in our opinion, it would be advisable to expand the list of identity documents that can be used by an internally displaced person in the process of registration of the relevant status, with the exception of a passport, and also to provide the possibility of registration on the basis of only one type of such document. That is, whether on the basis of a passport, whether on the basis of an individual tax number, or a pension certificate, etc. In particular, depending on which document such a person managed to keep. In addition, taking into account the significant outflow of human capital from Ukraine, in connection with the war, in our opinion, in post-war times, the issue of ensuring the greatest possible simplification of administrative procedures for acquiring refugee status may become extremely urgent. In particular, with the aim of encouraging migrants to move to our country. After all, it is quite expected that not all of our citizens who went abroad due to the war will return to Ukraine. In particular, it would be expedient to bring the provisions on the acquisition of refugee status simultaneously for both the refugee and his family members in line with international standards.
Problems of comprehensive assessment of the impact of global business structures on the development of the national economy
Authors: LAZORENKO Taisiia , PASHCHUK Lidiia , YEZHELYI Yurii
Published: August 2023

The paper is devoted to the activities of enterprises and their impact on the state economy. The activities of enterprises are aimed at achieving economic and social results and making a profit in addition, it is related to the provision of the needs of each person, is subject to the influence of many factors and covers a wide range of organizational, technological, economic and financial issues. The paper analyzes the main aspects of the economic significance of the activities of enterprises for the effective functioning of the national economy. Business has been proven to be of global importance through financial inflows, foreign investment and share of gross domestic product. Stability of enterprise activity, achievement of competitive advantages, strengthening of the enterprise’s position on the market – all this is achieved by implementation of rational and carefully developed economic policy of business entities and state policy. That is why the problem of formation and management of the economic policy of the enterprise becomes especially relevant. The main aim of the research is to identify the risks and prospects of enterprise activity on the national economy in modern conditions. Support for the economy is provided only by those enterprises that correctly and competently determine the requirements of the market, organize the production of competitive products and services that are in demand, skillfully carry out highly qualified creative labor staff All this requires fundamental and in-depth economic knowledge, and therefore, appropriate training of economics specialists. The paper describes the state of enterprise activity, possible threats, prospects, and further vectors of development in the post-war period. The practical value of the research is reflected in the results of the work and its follow-up scientific research. The authors concludes that the following steps have been taken in recent years to improve the relationship between entrepreneurship and the national economy: comprehensive regulation of the business sector, development of a simplified program for permitting procedures and registration of property rights, high-quality and modern procedures for starting and closing a business, obtaining administrative services at the highest level, observance of state control over the activities of business entities and reforming the provision of administrative services, mitigation of taxation.