bluuebunny/crossref_metadata_2025 huggingface dataset:
Contract as a source of regulation and an instrument for the protection of family rights in Ukraine
Authors: Lohvinova Mariia
Published: November 2024

The article, prepared as a result of studying the scientific heritage of Academician V.V. Luts, reveals the essence of the contract as a source of legal regulation and an instrument for the protection of family rights in Ukraine. The following methods of scientific cognition were used in the course of the study: formal-logical - to reveal the definitions of «contract» and «agreement» in family law; formal-legal - to define the concept of contract as a source of regulation of family rights; formal-dogmatic - to define normativity as a feature of an individual contract, which allows considering a contract as a component of the system of sources of regulation of family rights. The article reviews and analyzes the approaches developed by national scholars to the definition of the concept of contract as a source of individual rules of behavior of participants to family legal relations. The author suggests that the distinction between the terms «agreement» and «contract» is possible by the form of their expression. Participants verbally agree to perform or refrain from performing certain actions in family legal relations and, if they have mutual consent and with the aim of exercising and protecting family rights achieved as a result of verbal agreements, formalize them in a written agreement. It is emphasized that an agreement in the regulation of family legal relations does not change the classical essence laid down in the general provisions of the Civil Code of Ukraine. At the same time, when viewed through the prism of the specifics of family legal relations, a contract acquires qualified features which give rise to the existence of a specialized concept within the generic category of a contract. The author argues that a contract can also be considered as a means of legal protection of family rights. According to the author, the most relevant issues today are the development and legislative consolidation of the basic principles of contractual regulation of family relations; development of a systematization of family law contracts with a description of each contractual structure by analogy with Chapter 10 of the Family Code; and expansion of the possibility of regulating in a family contract the personal non-property rights and obligations of family members and other relatives.
The contract as a legal basis for the distribution of intellectual property rights to official works
Authors: Yavorska Oleksandra
Published: November 2024

Relying on thorough scientific research in the field of contract law of Academician Volodymyr Luts, the author examines the contract as a legal basis for the distribution of intellectual property rights to official works.The content of the article is devoted to the analysis of legislative norms regarding the legal regulation of the distribution of property copyrights for a work created in connection with the performance of official duties or an employer’s assignment (official work). The author analyzed the changes in the legal regulation of the distribution of property rights to the official work in connection with the adoption of the new Law of Ukraine «On Copyright and Related Rights», as well as changes and additions to the Civil Code. The author draws attention to the impracticality of the legislative approach, in which norms identical in content are duplicated in the Civil Code and in special laws. General provisions on intellectual property rights should be left in the Civil Code, and «details» should be regulated by special laws.Based on a comprehensive analysis of the current legislation in this area, the author concludes that it is appropriate to recognize the employer’s property rights to a computer program created by an employee, which corresponds to European practice. However, it is impractical to apply such an approach to all copyright objects, without exception, created in connection with the performance of official duties or the employer’s assignment. The author substantiates the expediency of the legal approach, according to which the property rights of intellectual property to a work created in connection with the performance of an employment contract (contract) belong to the employee who created this work and to the legal entity or natural person where or for whom he works, jointly, unless otherwise established by contract or law. This approach corresponds to the interests of the employee whose creative work created the work. And the contractual regulation of the distribution of property copyrights for the official work allows balancing the interests of both parties: the employee and the employer.The nature of the contract as a legal basis for the distribution of intellectual property rights to a service work is analyzed.
Implementation of the provisions of the Universal Declaration of Human Rights in the mechanism of constitutional and legal responsibility in Ukraine
Authors: Knysh Vitaliy
Published: November 2024

This article examines the problem of implementing the provisions of the Universal Declaration of Human Rights of 1948 in the state legal system of Ukraine through the mechanisms of constitutional and legal responsibility. The author noted that such aspects as basic human rights and freedoms are recorded in this act; obligations of states in this area; mechanisms for the realization of rights and freedoms at both the international and national (state) levels; the responsibility of states that have ratified the Universal Declaration of Human Rights for the implementation of its provisions.The main emphasis is placed on the mechanism of implementation of constitutional and legal responsibility as a set of interconnected normative, institutional, functional and ideological elements (autonomous subsystems), which ensure the conscious use of one’s rights, performance of duties, compliance with prohibitions, and in case commission of a constitutional and legal delict – application of constitutional and legal sanctions for the purpose of ensuring constitutional legality, discipline and law and order.In the author’s opinion, despite the implementation of international legal norms, which are the basis of the content of the Universal Declaration of Human Rights, into the domestic legislation of Ukraine through various legal mechanisms, including the mechanism of constitutional and legal responsibility, there is a significant difference between the normative level of their consolidation (de jure) and the actual state of existing legal relations (de facto). Here, the main reason, in our opinion, is the insufficient application of organizational mechanisms in the system of constitutional and legal responsibility in Ukraine, as well as the insufficiency of domestic civil and external international control over the implementation of the provisions of the Universal Declaration of Human Rights.
Consensual forms of settlement of environmental and legal conflicts: international experience and prospects for Ukraine
Authors: Yaremak Zoriana
Published: November 2024

In this study, an analysis of consensus forms of settlement of environmental and legal conflicts was carried out and their significance was determined in terms of the practical application of the principle of sustainable development for the settlement of environmental relations and taking into account the legitimate interests of all subjects. It is substantiated that the concept of sustainable development at the stage of environmental conflict resolution is implemented through conciliation procedures for dispute resolution, since it is in this case that the mechanism of reconciliation and balancing of diverse interests is used.The legal basis for the introduction of the institute of conciliation procedures for the settlement of environmental and legal conflicts is determined. First of all, constitutional provisions are aimed at creating specific conditions for conflict resolution outside the judicial process. Secondly, the European integration processes of our country impose on Ukraine obligations to ensure the protection of the rights and legally protected interests of individuals and legal entities, the state, to expand the possibilities of such protection and provide the right to choose the method of protection, including on the basis of alternatives.The special conditions characteristic of this type of legal conflicts (environmental-legal) that affect the use of alternative forms of settlement of environmental disputes and their effectiveness have been studied. They are: the obligation to take into account the public interest in the preservation of the environment (public ecological interest) in the settlement of an eco-conflict; maximum consideration, comparison, proportionality of individual, state and public interests. The author proposes to use the principles of deliberation (deliberative democracy) as a basis for effective environmental conflict resolution, which help the participants of the discussion to understand the reasonable demands of the opposite side and to reach a common understanding of the legitimacy of the decision and ensure real protection of the interests of society in relation to issues of public importance.Keywords: environmental conflict; sustainable development; balance of interests; compromise; consensus; deliberation.
The right to environmental information in EU legislation
Authors: Danyliuk Lesia
Published: November 2024

The right to environmental information is one of the fundamental environmental rights. Moreover, timely, complete and reliable information about the state of the environment is a prerequisite for the proper implementation of other environmental rights, and the objectivity and availability of environmental information is a guarantee of the effective functioning of the mechanism for ensuring environmental safety.Today, the right to environmental information finds its normative consolidation in acts of international, European and national legislation. Undoubtedly, each of these levels of legal regulation is in a mutually determined relationship, is based on a commonly recognized approach and is oriented towards the formation of unified policies and practices of states in the implementation of environmental information provision and management in the field of environmental protection in general.The purpose of this article is to consider the prerequisites for enshrining the right to environmental information in EU legislation, to analyze its place in European legal acts, to clarify their meaning and impact on the environmental legislation of Ukraine.The article concludes that the EU is an active participant in international environmental policy, which is confirmed by the fact that it has signed a number of conventions aimed at solving issues of transboundary significance, as well as the result of implementing the provisions of these documents into its domestic legislation. EU member states are parties to the Aarhus Convention and the EU itself implemented its principles in founding treaties and secondary law norms. The basic EU document in the field of environmental information provision is Directive 2003/4/EC of the European Parliament and the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC. At the same time, the main principles and procedure for regulating environmental information relations in the EU are also defined in other acts of its internal legislation, directly related to Directive 2003/4/EC, and elements of the mechanisms of environmental information provision are also indirectly found in the norms of secondary EU law, which concern other issues of environmental protection or its separate components.
Phenotypical Characteristics of Walnut's (Juglans sp.) Bacterial Diseases Agent
Authors: Dankevych L.A. , Zarudniak M.I. , Patyka V.P. , Dankevych A.E. , Mychnik F.V.
Published: November 2024

As known, walnut is vulnerable to various pathogenic microorganisms, in particular bacteria that can cause significant lesions during their cultivation. Over the last decade, causative agents of walnut's bacterial diseases, which previously did not affect this culture, have been discovered all over the world. The expansion of the spectrum of pathogens that can potentially affect walnuts can be associated with intense anthropogenic influence on the environment, changes in climatic conditions, globalization of the agricultural sector, and the selection of new varieties with a low content of tannins and alkaloids. The purpose of the work is a comparative analysis of a complex of phenotype features of collection and isolated ‘/strains to identify the latter. Methods. Classic microbiological, API-testing, phytopathological, and biochemical methods were used in the research. Results. Strains of phytopathogenic bacteria were isolated from affected walnut tissues in pure culture and analyzed for a complex of morphological-cultural, physiological-biochemical, and pathogenic properties. All isolated strains are capable of infecting a certain set of indicator (carrot and popato explants, beans, tobacco) plants and host (walnut's) plants, have a stable biochemical profile, and are significantly related to representatives of Agrobacterium tumefaciens, Xanthomonas arboricola, and Pseudomonas syringae species. In the fatty acid profiles of isolated strains, there was detected a typical representative of species Agrobacterium tumefaciens, Xanthomonas arboricola, Pseudomonas syringae set of fatty acids. Conclusions. The phenotypic properties of bacterial isolated and collected strains causing walnut diseases were analyzed and their similarity to representatives of Agrobacterium tumefaciens, Xanthomonas arboricola, and Pseudomonas syringae was established. It should be noted that walnut leaf spotting is caused by Pseudomonas syringae, which was discovered by us for the first time in Ukraine.
The Effect of Mono- and Mixed Phytoplasma and Bacterial Infections on Galega orientalis L. Plants
Authors: Tokovenko I.P. , Huliaieva H.B. , Pasichnyk L.A. , Patyka V.P.
Published: November 2024

In recent years, in regions of intensive agriculture, due to unfavorable agro-ecological conditions, mixed infections have become a serious threat to the production of high-quality crop products, in particular, Galega orientalis L. Objective. To investigate the effect of mono- and mixed phytoplasma and bacterial infection on Galega orientalis L. plants. Methods. Plants of Galega orientalis L. were inoculated with phytoplasma strains: A. laidlawii var. granulum 118 ‒ the causative agent of pale green dwarfism of wheat; A. laidlawii 101 and  A. laidlawii 178 ‒ pathogens of tomato trunk, and Pseudomonas syringae pv. atrofaciens D13 ‒ the causative agent of wheat basal bacteriosis.  Different schemes of inoculation of Galega orientalis L. plants were used in the experiments, which were applied both in mono- and mixed phytoplasma and phytoplasma-bacterial infection. Symptoms were recorded by visual examination starting from the 14th day. Uninfected plants of this crop served as a control. Results. Under both mono- and mixed phytoplasma-infection, both typical (anthocyanin coloration of stems and formation of additional shoots from the base of internodes ("witch's brooms")  and atypical (small leaves and shortened internode spacing, which are characteristic of pale green dwarfism of wheat (PGD) symptoms of phytoplasmosis,  were established on plants of Galega orientalis L. Under the conditions of phytoplasma-bacterial infection in plants, a noticeable thickening of the stem and stunted growth were observed, i.e., the symptoms that are characteristic of the development of phytoplasmosis, and were recorded, but their manifestation was atypical for legumes. Thus, in the case of phytoplasma-bacterial infection, the vast majority of symptoms characteristic of phytoplasmosis (namely, pale green dwarfism of wheat) were recorded such as dwarfism, small leaves, shortened distances between internodes, which are atypical for legumes. Conclusions. Typical and atypical symptoms of phytoplasmosis and bacteriosis for Galega orientalis L. under mono- and mixed infection have been established. Mono- and especially mixed infections with phytoplasmas and phytopathogenic bacteria significantly affect the development of Galega orientalis L. plants. The increase in the infectious load on Galega orientalis L. plants, as well as the priority of the pathogen's penetration into plant tissues, leads to a significant inhibition of the development of infected plants of this crop. The obtained data can be useful for diagnostics of Galega orientalis L. crops affected by phytoplasmosis or bacteriosis.
The Rights of Leave of Absence of Civil Servants
Authors: Bucaktepe Adil
Published: November 2024

Civil officials have several rights conferred by the Constitution as well as by laws and regulations to facilitate the successful execution of their responsibilities. These rights encompass the entitlement to the appointment, provision of service and security, retirement, resignation, the ability to initiate a complaint or legal action, the formation of a trade union, collective bargaining, leave from employment, special considerations in prosecution and trial, protection against accusations and defamation, as well as the right to remuneration and travel expenses. This paper will succinctly examine the overarching rights of federal servants and will thoroughly analyze the "right to leave." Article 50 of the Constitution of the Republic of Turkey ensures employees' entitlement to a day off, while statutory regulations govern paid weekly and annual leave as well as official holidays. Furthermore, Article 23 of the Government Servants Law No. 657 mandates that government servants are entitled to leave under conditions and durations prescribed by law, enabling them to take leave for rest or other purposes. Within this framework, the legislation governs five types of leave: yearly leave, special leave, sick leave, compassionate leave, and unpaid leave. This study employs a qualitative methodology encompassing two primary approaches: a literature review and a legal analysis. The literature review is conducted by examining several academic sources, books, and journals pertinent to the rights of civil servants, particularly the right to quit. This analysis examines the evolution of leave-related rules and regulations across various international contexts and their implementation in Turkey. The legal framework is employed to examine the statutes and regulations pertaining to the rights of government servants in Turkey, encompassing Article 50 of the Constitution and Law No. 657. This article assesses the alignment between legal theory and practice on the right to leave. The study's findings indicate that, despite the legal promise of leave for federal personnel, its execution frequently encounters challenges, particularly concerning the duration and requisite administrative conditions. This paper presents an extensive analysis of government servants' leave rights in Turkey and proposes enhancements for the execution of this right to promote equity and well-being among civil servants.
Analysis of the DPR's Position in the Process of Forming Islamic Law in Indonesia Based on Taqnin Theory
Authors: Arsadani Qosim , Andriyani Elisa Eka
Published: November 2024

This article explores the role of Indonesia's People's Representative Council (DPR) in shaping Islamic law, employing the Taqnin theory as a guiding framework. Taqnin theory is a crucial conceptual tool in understanding how the DPR contributes to crafting legislation aligning with Islamic principles. Beyond its legislative function, the DPR serves as an interpreter of religious precepts, navigating the intersection between Islamic values and societal needs. By applying Taqnin Theory, the DPR crafts laws in line with Islamic teachings and ensures their relevance within evolving social contexts. The analysis underscores the DPR's role in formulating laws reflecting Islamic values while considering formal legal, moral, and ethical dimensions inherent in Islamic teachings. This process illustrates the active engagement of the DPR in crafting laws that not only address religious imperatives but also respond to social exigencies and communal values. Despite the constructive guidance provided by Taqnin Theory, the article also addresses challenges in its implementation, such as interpretational disparities, community resistance, and political dynamics shaping Islamic law formation in Indonesia. As outlined in the article, the historical trajectory of Islamic law legislation in Indonesia offers insight into its evolution from the colonial era to its integration into the national legal framework. By examining the status of Islamic law in Indonesia, the article delineates the dynamics of a legal system comprising national and customary laws. While Islamic law significantly influences domains such as marriage, inheritance, and Sharia-compliant financial institutions, the foundational principles of Pancasila embody a state ethos characterised by inclusivity and tolerance towards religious and cultural diversity. Moreover, the article underscores the positive legal outcomes of applying Taqnin, underscoring its significance in understanding the process of Islamic law formation in Indonesia.
Corruption in Higher Education; A Comparative Studies on Whistleblowing System between University of Stanford and Universitas Indonesia
Authors: Rizqiyanto Saomi , Anwar Muhammad Chaerul , Antuli Rezky Ramadhan
Published: November 2024

This study seeks to demonstrate the utilisation of the whistleblower system in higher education to mitigate academic dishonesty and fraud, emphasising a comparison between Stanford University in the United States and the University of Indonesia. The study's findings indicate that both universities acknowledge the significance of witness protection within the whistleblowing framework, particularly to safeguard the safety and security of whistleblowers. Stanford University and the University of Indonesia provide conventional reporting mechanisms; nevertheless, Stanford University possesses superior reporting governance and regulations. Both schools offer application-based reporting mechanisms; however, Stanford University maintains an exceptional framework for reporting management rules and whistleblower protection. This study's conclusions aim to assist Indonesian universities in establishing efficient reporting methods and procedures to eliminate corruption and enhance academic integrity. This study employs a qualitative research methodology encompassing two primary approaches: a literary approach and a law approach. The literature review method examines academic literature, publications, and regulations about whistleblowing in higher education institutions in the United States and Indonesia. This literature analysis examines the optimal practices of whistleblower systems in several international universities and their implications for higher education in Indonesia. A legal framework is utilised to explore the existing regulations and statutes, specifically concerning witness protection, whistleblower security, and the enforcement of academic integrity. This entails an examination of the legislation and internal university policies concerning whistleblowing in each nation. The study offers a comprehensive comparative analysis of the effective implementation of whistleblower systems in Indonesian universities, along with recommendations for enhancing reporting governance policies to foster a more transparent and accountable academic environment.
Settlement of Criminal Cases through Integration Customary Law Values Angkon Muakhi in Lampung Province
Authors: Hasan Zainudin , Dewi Erna , Fardiansyah Ahmad Irzal , Setiawan Refly , Abdurrahman Abdurrahman
Published: November 2024

The current Indonesian criminal law, although it has used the restorative justice method, has not been able to resolve the core of the problem and has not restored balance in society, so the settlement of criminal acts is not complete to the community, the victim and the victim's family. The importance of criminal law policies for the settlement of criminal cases through the integration of Angkon Muakhi law is to realise justice, benefit, balance, and kinship in criminal law enforcement. This research method uses the combined theory paradigm and mixed legal system to generate new ideas in settling criminal cases. This research is normative juridical and empirical juridical research with a socio-legal approach. In-depth interviews were carried out in primary data collection; sources were determined by the snowball method, while secondary data collection was carried out using a literature study. The findings of this study indicate that the enforcement of criminal law at this time still does not involve the community. There are still the rights of victims' families and communities that have not been restored; even though restorative justice has been resolved, it still leaves disputes, seeds of conflict and grudges both from the victim, the victim's family and the surrounding community. Prison sentences are still prioritised in light cases and negligence, both in the investigation process, prosecutors' demands, and the judge's decision. The importance of resolving criminal cases through integrating the customary law values of Angkon Muakhi, which can resolve cases, conflicts, hostilities and disputes between perpetrators, victims and the community.
The effectiveness of international conventions in the struggle against world’s domestic violence
Authors: Andrusiak Iryna , Mykievych Mykhailo M. , Harasymiv Taras Z. , Chornopyska Viktoiya Z. , Oliinyk Yaryna
Published: November 2024

The issue of the spread of domestic violence is an urgent challenge to the modern legal system, which is regulated in particular by the adoption of international conventions. The research aim is to investigate the effectiveness of international conventions in combating domestic violence. Implementing the specified aim is based on the comparative analysis of specialised scientific literature, the use of content analysis and abstraction methods. The results show that the existing international conventions demonstrate their effectiveness if they are used in combination with other legal instruments for combating domestic violence. The main regulatory mechanisms for protection against domestic violence are restricted in the Convention on the Elimination of All Forms of Discrimination against Women and the Istanbul Convention. Separate international normative acts constitute an essential basis that became the foundation for the formation of relevant provisions in the systems of national legislation, which is especially noticeable in the examples of democratic EU countries. However, in the countries of Asia and Africa, there are critical indicators of domestic violence, which can also be explained by the fact that local governments have not ratified the relevant conventions. The conclusions emphasise that for the further effective implementation of international conventions and their integration into national legislation, it is essential that different groups of the population are aware of their provisions.
Viewpoints on Ruling by Law in The Philosophical Thought of Han Fei Tzu
Authors: Tuoi Duong Thi
Published: November 2024

During the Spring Autumn and Warring States periods, when Chinese society was in chaos and instability, Han Fei Tzu proposed a comprehensive view that law is the most effective tool to bring peace, stability, and justice. This approach, which stands in stark contrast to the contemporary emphasis on morality and virtue in governance, holds relevance even in modern times. The primary aim of this study is to elucidate the role of law in politics from a philosophical perspective, with a specific focus on Han Fei Tzu's thoughts on the application of law as the primary instrument in state governance. The study employs a qualitative method, comprising two main approaches: the literature approach and the law approach. The literature approach is used to analyze classical texts and philosophical works that discuss Han Fei Tzu's thoughts on law and governance, and to review modern academic literature that either supports or criticizes his views. Meanwhile, the law approach is used to assess how Han Fei Tzu's proposed concept of law can be implemented in the context of governance and whether its application aligns with modern legal theory. The findings underscore the importance of Han Fei Tzu's thoughts on law, which stress the need for consistency between theory and practice, and the comprehensive enforcement of law without any discrimination. His thinking also underscores the significance of law as a tool of social control that is not contingent on individual morality, but on absolute obedience to the rules set by the state. The study raises several critical questions about the relevance of Han Fei Tzu's views in the context of modern politics, and offers recommendations for further research on the role of law in achieving sustainable political stability.
Revenues and expenditures of the state and local budgets in Ukraine in peacetime and under martial law: regulatory and legal provisions
Authors: Vorotina Nataliia , Tykhonova Olena , Poliak-Sverhun Mariana , Cherniaieva Olena
Published: November 2024

Martial law dictates the need to guarantee the proper level of execution of the state and local budgets, as well as to identify and attract additional sources of income and implement a rational and economical concept of expenditures. The level of coherence and efficiency of interaction between participants in the budgeting process determines the possibility of maintaining financial stability and avoiding macroeconomic imbalances. This article aims to analyze the regulatory revenues and expenditures of Ukraine's budgetary sphere during peacetime and wartime. The study involved general scientific methods, including analysis, synthesis, comparison, abstraction, specification, and generalization. This research analyzes the current state of regulatory and legal support of the state and local budgets. It outlines the concept of budgetary resource management in wartime. The author has found that the realities of wartime have led to some changes regarding filling budgets and forming expenditures. The study identified signs of budget deficit and specific issues that arise in contrast to peacetime processes. The author analyzed the indicators of the consolidated budget for pre-war and wartime and studied the vector of financial budget differentiation by sectors and programs. It is determined that the share of expenditures of the State Budget of Ukraine is focused on ensuring Ukraine's defense capability, which is dictated by wartime. The author has outlined the specific features of forming the local and State budgets during wartime, and the main issues of this process have been highlighted. In addition, the author formulated the main priority areas of optimization in the field of budgeting during wartime and in the context of further socio-economic development.
Administrative and legal status of public administration subjects regarding countering terrorism: Constitutional and Theoretical Aspects
Authors: Opatsky Roman , Pisotska Karina , Chvaliuk Andrii , Molchanov Rostyslav , Tulinov Valentyn
Published: November 2024

The aim of the research was to make known the administrative and legal status of the subjects of public administration in the field of counter-terrorism. It was found that a rather clear and logical structure of state bodies in the field of organization and coordination of the fight against terrorism has been created in Ukraine. The system of anti-terrorist entities is a set of specific, legally defined institutions that interact with the aim of preventing, detecting, stopping and minimizing the consequences of terrorist activities. The following methods were used in the research: analysis of biographical sources, synthesis, deduction, comparative analysis and meta-analysis, etc. In the conclusions it has been established that the President of Ukraine, the Verkhovna Rada and the Cabinet of Ministers are the key actors in the fight against terrorism in the system of higher authorities. The defining areas of action of the President of Ukraine in the sphere of counter-terrorism, are the activities aimed at regulatory and legal support of counter-terrorism in Ukraine, which implies: creation, liquidation, reorganization and management of relevant counter-terrorism entities.
Principles of law in the legal regulation of social relations in modern conditions: administrative, criminal and constitutional aspects
Authors: Basko Andriy , Hryshyna Natalia , Obushenko Nataliia , Fedorov Ihor , Koteliukh Mykola
Published: November 2024

The purpose of this paper is to conduct an independent study on the position of legal principles in the legal regulation of public relations in the context of digitalization. In writing this paper, the functional research method was used. The functional research method allows for a thorough clarification of the dynamic aspects of legal principles, their practical objectives, their position and role in the law and in other elements of the legal system of society in general, and their impact on social relations in the form of legal regulation and other forms of legal influence (informational, value-oriented, psychological, system-shaping, etc.). Although the role of legal principles in today's various legal systems is not the same, it is nevertheless concluded that legal principles are one of the sources of law practically everywhere, whether nominal or de facto. The importance of legal principles is that they serve as a framework, the basic structure of the legal system; that they are a guide in the process of development and formation of law; that they have a significant impact on the formation of people's legal consciousness; that they can be a direct basis for making individual legal decisions in a particular case; that they can provide a legislative blanks, reflected in the fact that legal principles can be used as a legal basis for considering legal issues, and that legal principles contribute to the correct interpretation of legal norms while they serve as a source of law.
Going Paperless: Using Electronic Questionnaires to Improve the Quality of Well-Child Checkups
Authors: Ketterman Brian T. , Carlson Kathryn L. , Stoppelbein Merrill , Kaegi Dru , Franklin Ieshia , Kennedy Michelle , Patterson Barron L.
Published: November 2024

OBJECTIVE

At our large, university-affiliated primary care clinic, we aimed to enhance the quality of well-child checkups (WCCs) to align with Bright Futures/American Academy of Pediatrics recommendations. Our primary goal was to increase the rate of complete WCCs from 45.6% to 80% by April 2024. Our secondary aims were to ensure WCC improvement for all language groups and to increase referrals to 2 community partners.

METHODS

A multidisciplinary team initiated a quality improvement project primarily focused on transitioning from paper-based to electronic questionnaires for patient screenings. Clinic processes were developed to assist families in completing questionnaires. The percentage of complete WCCs was the primary outcome measure. We defined complete WCCs as those that included note documentation of all required patient-reported elements. Our primary outcome measure was analyzed by using statistical process control charts to identify special cause variation.

RESULTS

We reviewed 51 809 WCCs from July 2022 to April 2024, and the rate of complete WCCs improved from 45.6% to 84.7%. We significantly improved the rates for all measured aspects of WCCs as follows: 7 different common pediatric questionnaires and 7 routine WCC assessments. Referrals to 2 community nutrition and literacy resources increased. Despite large improvements across all language groups, disparities remained for patients who spoke languages other than English.

CONCLUSIONS

Transitioning to electronic questionnaires and revised clinic procedures led to more comprehensive WCCs and connected more families with community resources. Although progress was made across all language groups, we note ongoing challenges in eliminating disparities.
Державне регулювання музичної індустрії
Authors: Казаков Геннадій
Published: November 2024

Актуальність. Повномасштабне вторгнення, як не парадоксально, стало рушієм розвитку української музичної індустрії. Відмова більшості українців від російського контенту та відсутність гастролів іноземних артистів дали поштовх українських виконавців. Водночас, представники музичної індустрії досі не виділені державою в окрему категорію та потребують державного врегулювання низки питань, які дозволять українському продукту вийти поза межі власної держави.
Мета – дослідити основні питання, які потребують втручання держави, задля налагодження ефективного функціонування музичної індустрії, винесення проблеми її розвитку і підтримки у державний сектор.
Результати дослідження. Зазначено, що  українська музична індустрія в Україні сьогодні знаходиться в генезі, адже тривалий час була орієнтована на музичний сектор країни агресора. Виявлено, що сфера розвивається досить динамічно, проте орієнтується на старе законодавство, яке не враховує тих змін, що відбулися за останні роки. Вказано на відсутність окремого нормативно-правового акту, який би стосувався суто музичної індустрії. Висвітлено головні проблеми, які потребують врегулювання з боку держави залишаються питання авторського права, монетизації власної творчості та подолання музичного піратства. Окрему увагу зосереджено і на підготовці законодавства, яке б регулювало використання ШІ у музичній індустрії. Наголошено, що з боку держави має бути здійснено забезпечення експорту української музичної продукції, її демонстрації світу за рахунок підтримки участі  в міжнародних конкурсах, фестивалях тощо.
Висновки. З метою вирішення означених у статті проблем автором запропоновано уряду за підтримки представників індустрії: здійснити підготовку низки нормативно-правових актів, які б регулювали сферу; створити спеціальний державний орган, який би зосередив увагу власне на музичній індустрії та його підтримці; забезпечити створення механізмів підтримки молодих артистів; створення окремих державних фондів та грантових програм, які б були зосередженні на підтримці представників музичного сектору,  відбудові концертних майданчиків (особливо у невеликих населених пунктах) тощо.
Cena validada e estereótipos no caso Henry Borel
Authors: Schmitt Briane , Cesar de Freitas Ernani
Published: November 2024

Este estudo evidencia os estereótipos de um determinado grupo social na condição de agentes no processo de discursivização, ou seja, toma-se o discurso como um encontro entre texto e lugar social. O objetivo geral deste trabalho é analisar a interferência das cenas validadas e dos estereótipos acionados no discurso do réu Jairo Souza Santos Júnior em relação à construção da cenografia e à mobilização do ethos como imagem de si. A fundamentação teórica desta pesquisa encontra seu alicerce em estudiosos da análise do discurso, como Amossy (2008, 2018), Amossy e Pierrot (2022), Maingueneau (2008, 2013a, 2013b, 2018). Em relação ao universo do Tribunal do Júri, o autor de base é Nucci (2014). Esta pesquisa se caracteriza como exploratório-descritiva, de cunho bibliográfico e documental, mediante o estudo de caso com abordagem qualitativa. O corpus é composto por recortes dos depoimentos do réu quando da audiência de instrução e julgamento. Como resultado, constata-se que a cenografia do discurso do réu foi construída em espiral, ora aproximando-se de modelos aceitos no mundo ético de tal discurso, ora afastando-se dos mesmos modelos aceitos, o que gera um efeito de contradição, colocando em xeque a estratégia do enunciador de se pautar de maneira exacerbada em cenas validadas e estereótipos.
Analysis of the public policy changes regarding the special educational needs (SEN) concept in Romania
Authors: Berce Andrea-Diana , Bernáth Krisztina , Gál Katalin , Pásztor Rita
Published: November 2024

The objective of our study is to assess the integration of the concept of special educational needs (SEN) retrospectively and analytically within the Romanian legal framework and its consolidation as a fundamental component of national education policy. Concurrently, we aim to evaluate the effectiveness of inclusive education for children with SEN within the public education system. Methodologically, our investigation begins with a documentary analysis, examining relevant strategic documents that elucidate the contemporary understanding of SEN. Subsequently, we provide an overview of the Romanian context, drawing upon accessible secondary data, supplemented by the outcomes of a quantitative research endeavor conducted in Bihor County. This quantitative phase offers insights into the practical realities of SEN within the Romanian education system. Additionally, we reflect upon the latest national strategy aimed at facilitating a societal paradigm shift towards SEN in the ensuing years. In conclusion, while SEN has been incorporated into the Romanian public education system, its implementation does not fully align with legislative requirements, necessitating smoother execution. We conclude our analysis by posing forward-looking research questions pertinent to future investigations in this field.
Progress of emerging non-volatile memory technologies in industry
Authors: Hellenbrand Markus , Teck Isabella , MacManus-Driscoll Judith L.
Published: November 2024

This prospective and performance summary provides a view on the state of the art of emerging non-volatile memory (eNVM) in the semiconductor industry. The overarching aim is to inform academic researchers of the status of these technologies in industry, so as to help direct the right academic research questions for future materials and device development. eNVM already have a strong foothold in the semiconductor industry with the main target of replacing embedded flash memory, and soon possibly DRAM and SRAM, i.e. replacing conventional memory. Magnetic and resistive memory are the current frontrunners among eNVM for embedded flash replacement and they are very advanced in this, which poses high demands on future academic research for eNVM for this purpose. Phase-change and ferroelectric memory are less available as commercially available products. The use of eNVM for new forms of artificial intelligence hardware is a much more open field for future academic research.

Graphical abstract
The Ritual Spectrum: Definitions, Frameworks, and Implications
Authors: Xygalatas Dimitris
Published: November 2024

Ritual is one of the defining characteristics of our species, which both precedes and extends beyond religion, into domains like politics, sports, family, the workplace, and all manner of social organizations. In a rapidly changing world where organized religion appears to be losing its monopoly on ceremony, it is more important than ever to understand ritual’s unwavering persistence, investigate its functions, and explore its applications. The contributors to this book panel offer insightful critiques and insights about how to do this. In engaging with their ideas on the nature, definitions, and effects of ritual, both bright and dark, I join then in exploring applications for an interdisciplinary study of ritual.
Управління якістю
Authors: Должанський А. М. , Бондаренко О. А.
Published: November 2024

У навчальному посібнику викладено матеріали, які охоплюють комплекс проблем, методологій і методів з управління якістю продукції (послуг), робіт, процесів і систем для будь-якої сфери економічної діяльності в узгодженні з вимогами стандартів ISO (ДСТУ ISO) серій 9000, 14000, 22000, 26000, 27000, 31000, 45000, 50000 та ін. В якості додаткових представлені матеріали щодо філософії, принципів та підходів «Всеохопного (узагальненого, загального) управління на основі якості – TQM». Призначений для опанування студентами, що навчаються на першому (бакалаврському) рівні вищої освіти, освітньої компоненти «Управління якістю» та виконання ними випускної (кваліфікаційної) роботи бакалавра за ОПП «Якість, метрологія та експертиза» спеціальності 175 – Інформаційно-вимірювальні технології. Також може бути корисним аспірантам, викладачам вишів, підприємцям, керівникам і професіоналам організацій, установ і фірм, які діють у сфері забезпечення якості.
A thermal testing device to determine thermal conductivity and specific heat capacity of saturated and dry soils
Authors: Pirjalili Ali , Bidarmaghz Asal , Khoshghalb Arman , Russell Adrian R.
Published: November 2024

This study focuses on the determination of two thermal properties of soil that are critical in understanding its heating and cooling behaviour in a variety of geotechnical and geoenvironmental engineering problems. Those properties are the thermal conductivity and specific heat capacity. The study presents a new testing device, and a theory-based interpretation procedure, so the properties can be determined for saturated or dry soils using just one sample and one set of test results. The testing device enables experiments to be conducted on a cylindrical soil sample that is subjected to constant thermal loads at its outer boundaries. Temperature changes at different locations and times inside the soil sample are recorded. Interpretations of the measured temperature changes adopt an analytical solution for one-dimensional transient heat transfer in which thermal conductivity and specific heat capacity are assumed to remain constant. This is found to be the case, approximately, in the experiments. It also requires the heat exchange efficiency factor of the testing device to be constant and independent of test soil type. This was confirmed to be true. The new testing device and interpretation procedure offer reliable measurements and may be used in industry or research.
THE BUSINESS JUDGMENT RULE IN THE CORPORATE LAW OF THE PEOPLE'S REPUBLIC OF CHINA: COMPARATIVE LEGAL ASPECT
Authors:   Russian University of Cooperation, Nadeev I. Yu.
Published: November 2024

Abstract: the issues of director’s liability for damage caused to the property interests of the corporation and the corporation’s participants are relevant in science and judicial practice in most countries of the world. The legal system of the People’s Republic of China is of interest, since China has been reforming corporate legislation for ten years. In the course of the reform, rules on fiduciary duties were included in Chinese legislation. In the USA, the following fiduciary duties of a director are distinguished: the duty to take care of the interests of the company and its participants, as well as the duty of loyalty. In the judicial practice of the United States, the “business decision rule” is actively used. This rule establishes the presumption of expediency of the director’s management decisions and minimizes the possibility of holding the director accountable. The conducted research allows us to state that the rule of a business decision has no functional significance for continental civil law. In this regard, the Chinese legislator has no need to borrow this legal instrument. This conclusion is of interest to the Russian science of civil law.