bluuebunny/crossref_metadata_2025 huggingface dataset:
Formation of students’ competencies assessment from the perspective of pedagogical psychology
Authors: Семенова Анастасия Анатольевна
Published: February 2023

Переход на федеральные государственные образовательные стандарты поставил перед образовательными организациями высшего образования серьезную задачу, обеспечивающую получение в качестве образовательного результата формирование у обучающихся различных видов компетенций. Актуальной по-прежнему остается оценка уровня их сформированности. Рассматривается концепция организации оценки сформированности компетенций обучающихся в процессе текущего контроля успеваемости и промежуточной аттестации в условиях балльно-рейтинговой системы оценивания. Представлена научно-методическая основа построения системы, представляющая собой интеграцию некоторых современных подходов к оценке компетенций. Исследуется классификация уровней сформированности компетенций обучающихся, соотнесенная с уровнями усвоения (В. П. Беспалько). В качестве основных критериев оценки результатов обучения анализируются условия, в которых проявляются составляющие компетенций обучающихся. Показана роль статуса контрольных заданий в оценке компетенций, представлена классификация оценочных средств по уровню новизны решаемых задач, необходимым ресурсам для их выполнения и степени самостоятельности действий обучающихся, предложена модифицированная модель оценки результатов обучения и уровня сформированности составляющих компетенций обучающихся.

The transition to the Federal state educational standards has set a serious task for educational institutions of higher education to ensure the formation of students’ various types of competencies as an educational result. An urgent task is still to assess the level of their formation in students; this problem is particularly acute in the application of point-rating system evaluation. The article deals with the concept of formation of students’ competencies assessment organization in the process of current performance monitoring and interim certification in terms of point-rating system evaluation. The scientific and methodological basis of the system construction, which represents the integration of some modern approaches to the assessment of competencies, is considered. Classification of levels of students’ competences formation, correlated with levels of assimilation (According to V. P. Bespalko) is regarded. As the main criteria for assessing the results of the training, the conditions in which the components of the students’ competencies are manifested are under consideration. The role of the status of control tests in the assessment of competencies is shown; the classification of assessment tools by the level of novelty of the tests to be solved is given; the necessary resources for their implementation and the degree of independence of students’ actions are presented; a modified model of assessment of the results of training and the level of formation of the components of students’ competencies is proposed.
Regional approach in the content of English language teaching at universities of Kazakhstan
Authors: Курманаева Дина Касымбековна , Тажитова Гульжахан Зарубаевна , Кадирсизова Шынар Болатбековна
Published: February 2023

Представлены результаты исследования использования региональных материалов на занятиях по английскому языку в университете. Цель исследования состояла в том, чтобы изучить отношение преподавателей английского языка к региональным/краеведческим материалам в их преподавании в университете и дать рекомендации по улучшению процесса обучения английскому языку. Методы эмпирического исследования позволили выявить отношение преподавателей к использованию региональных материалов и препятствия, с которыми они сталкиваются в учебном процессе при преподавании. Данные были собраны у 21 участника посредством интервью, они показали положительное отношение преподавателей к материалам, основанным на интеграции регионов. На основании результатов, полученных в ходе исследования, преподавателям были предоставлены рекомендации по совершенствованию процесса обучения английскому языку в вузах.

The importance of regional knowledge in the process of English teaching is increasingly being discussed by scientists and teachers in the field of teaching English. This study revealed a positive attitude of teachers towards the use of region-based materials. It presents the findings of a study on the use of local materials in university EFL courses. The study’s objectives were to examine English teachers’ views about using local materials in their university instruction and to provide recommendations for improving the EFL teaching process. The use of empirical research techniques enabled the identification of the challenges that teachers face when teaching, as well as their attitudes regarding the usage of local materials. Data were obtained through interviews with 21 participants, and they revealed teachers’ favorable opinions on the incorporation of region-based materials. Teachers were given recommendations for how to enhance the EFL teaching process at universities based on the study’s findings. Furthermore, the regional approach contributes to positive motivation and conscious mastery of a foreign language as a means of communication. In our case, the integration of local history materials into foreign language teaching will serve both as a means of raising the educational level and improving knowledge of a foreign language.
Depiction of Human Nature through Allegory: An Analysis of Golding's Lord of the Flies
Authors: Ghimire Surendra Prasad
Published: February 2023

This article critically analyzes Golding's Lord of the Flies to investigate how human nature was allegorically depicted by constructing an almost parallel fictional world to his contemporary time. In this paper, I argued, Golding allegorically exhibited the basic human nature of his contemporary time by experimenting with the schoolboys on the Pacific Ocean which unveiled the brutal and uncivilized nature of schoolboys and such activities as depicted in the novel resembled the brutal and savagery nature of the men of his time. The methodology, I employed in this study was a close analysis of primary text to examine how Golding used allegory to uncover the basic nature of human beings and I analyzed secondary resources related to the study to support my arguments. The analysis identified that Golding depicted savagery and animalistic human nature through allegory which questioned the traditional understanding of human nature as civilized and moral and his experience of involving in the war, and working as a school teacher assisted him in reflecting such brutal and uncivilized events of his time by constructing an almost parallel story. He provided a wider space and various layers of secondary meanings of characters, setting, and events, of the story which resonated in many respects with the events of his contemporary time. In addition, this study unpacked the fact that savagery existed inside the heart of the human, and manifested in a lack of guardianship and civilizational forces in human beings. This paper will be useful in exploring the novel for a better understanding of human nature, and it will also provide direction for further study.
Civil-legal regulation of the treasure: a historical-legal study
Authors: Cherevko P.P.
Published: February 2023

In this article, the author conducts a study of the formation and development of civil legislation, which determines the legal regime of the treasure. The author started this research from the time of Ancient Rome, where for the first time legislation was formed that determined the ownership of the treasure. It is noted that the modern civil law of Ukraine inherited the legal traditions of Roman law regarding the institution of treas- ure through the legislation of the Grand Duchy of Lithuania and the Hetmanship.A detailed review of the norms of Roman private law is carried out, which defines the range of subjects who may have ownership of the treasure: the owner of the land plot, the person who found the treasure, and the state. It is indicated that in the VI century not. Justinian’s Digests define treasure and distinguish between it and property that has an owner.The formation and development of the institution of treasure in Ukrainian lands since the Polish-Lithua- nian period is analyzed, since until then it had developed exclusively on a customary basis. The II Lithuanian Statute of 1566 is studied, as well as its influence on the code «Laws by which the Little Russian people are judged» of 1743 in matters of civil law regulation of the treasure. It is noted that the last legal code further developed the institution of the treasure, enshrining special norms that determine the property of the treasure to the previous owner of the thing and the state.Attention is drawn to the legislative regulation of the institution of treasure in the Russian Empire (Vol- ume X Code of Laws of the Russian Empire) and Soviet times (Central Committee of the Ukrainian SSR 1963). It is noted that the principled approaches regarding the recognition of ownership of the treasure of the specified periods were not adopted by Ukraine.The article analyzes the scientific developments of scientists of the 19th and 20th centuries regarding the institution of treasure in civil law.
Protection of rights in case of violation of labor legislation on remuneration: anal- ysis of judicial practice
Authors: Fridmanska V.I.
Published: February 2023

The article examines the judicial protection of labor rights and interests of employees related to wages.The domestic judicial practice on consideration of criminal cases regarding non-payment of wages is an- alyzed, as well as the practice of consideration of cases on administrative offenses - on violation of labor legislation on payment of labor.It is indicated that human rights play such a role in modern society that their importance for any legal state is difficult to overestimate. Individuals and civil society are increasingly aware of the value and prac- tical importance of protecting basic human rights, in particular, labor rights. This is due to the fact that the right to earn a living is inseparable from the right to life itself, and the remuneration for the work performed by the employee is the source of his existence and should provide him with a sufficient, decent standard of living. This determines the state’s obligation to create appropriate conditions for citizens to exercise the right to work, to optimize the balance of interests of the parties to labor relations, in particular, through state reg- ulation of labor remuneration.Summarizing the above, the author comes to the conclusion that among the available list of ways to pro- tect the violated rights and interests of the employee related to non-payment of wages, the most effective way is judicial protection. The analysis of domestic judicial practice showed that, while a violation against the head of the enterprise, the establishment of a case on administrative offenses does not seem to be the most effective way of protection (refusal to consider the case on formal grounds, and in the case of meeting the requirements - the onset of liability that is disproportionate to the violation of an inalienable right to earn a living), bringing the culprit to criminal liability is a method of protection that, although it does not guarantee the restoration of violated property rights of a person to wages, it protects his labor rights and contributes to their further restoration.
Information as an object of civil rights
Authors: Bochkova І.
Published: February 2023

The article analyzes the issues of the civil-legal nature of information, approaches to understanding it as an object of civil rights, an object of intellectual property rights, analyzes the compliance of the legislative definition and the content of the legal category «information».

The processes of digital transformation that have covered Ukraine in the last decade have led to dramatic changes in the understanding of the legal essence of information. Information ceases to be a simple collection of data on actions and events, instead it becomes an important economic resource, acquires signs of goods, due to the development of technology, it is increasingly separated from its source. It is such processes that lead to scientific research in the field of current understanding of information.

Not any information is endowed with the features of the object of civil relations, the object of intellectual property rights, and therefore it is considered important to distinguish those characteristics and characteristics that will be the basis for assigning information to an object whose right requires recognition and protection. To the signs already proposed by scientists in similar studies is added to this article a sign of «content,» which disassociates data that do not contain value from data that should receive legal protection. The article analyzes the current legislation in order to determine the necessary and sufficient signs for assigning certain information to the legal category «information.» Such characteristics will provide an opportunity to extend the relevant legal regime to this data. The article attempts to determine the grounds for assigning information to one of the following types for choosing a legal regime for regulating the treatment of relevant data: information as an object of intellectual property, information as an information product in a wide sense andinformation as a specific information product of a certain type.
Doctrine and normative issues of determining the composition of participants of business and other types of business companies
Authors: Vatras V.
Published: February 2023

In the scientific article, the author conducted a scientific study of doctrinal and regulatory issues of determining the composition of members of economic and other types of entrepreneurial companies. On the basis of the conducted research, the author came to the conclusion that the participants of entrepreneurial societies are natural persons (citizens of Ukraine, foreign citizens and stateless persons, including those who are natural persons-entrepreneurs in accordance with the legislation of Ukraine or another state), legal entities, registered in Ukraine, foreign legal entities, the state of Ukraine, the Autonomous Republic of Crimea, a territorial community, a foreign state. The participation of the state of Ukraine, the Autonomous Republic of Crimea, a territorial community, a foreign state in the activities of cooperatives through legal entities under public law is impossible. At the same time, the participation of legal entities under private law, created by the state of Ukraine, the Autonomous Republic of Crimea, a territorial community, a foreign state, in the activities of service and consumer cooperatives is possible. The right to participate in the activities of entrepreneurial companies is available to natural persons who have partial or full civil legal capacity starting from the age of 14. Exceptions are: members of full partnerships and full members of limited partnerships, which can only be natural persons of legal age or minors who have been granted full civil legal capacity, as well as members of cooperatives, which can be natural persons over 16 years of age. In our opinion, the participation of persons aged 15 to 16 years in the activities of a production cooperative should be allowed, subject to obtaining the consent of one of the parents or a person who replaces them for work in such a corporate association. It is also advisable to lower the age at which membership in a cooperative is allowed from 16 to 14 years old, which will improve the legal regulation of the legal personality of members of business associations and members of cooperatives, taking into account the specifics of membership in a production cooperative.
Fulfillment of the terms of the contract as a result of force majeure during martial law
Authors: Melnik O.
Published: February 2023

Under the conditions of martial law, the existing contractual activity in Ukraine was actually divided into: contracts concluded before the beginning of martial law and after its introduction.

The peculiarity of the application of force majeure for domestic business entities during martial law is the occurrence of its circumstances mainly for both parties.

Each type of contract concluded between the parties, as a rule, contains provisions on the actions of the parties that must be taken under force majeure circumstances and the consequences that will follow for the parties regarding the fulfillment of contractual obligations with the use of force majeure.

The military aggression of the Russian Federation against Ukraine has affected almost all spheres of human life in Ukraine, including the possibility of fulfilling civil obligations. It is assumed that for these reasons, a large number of civil law agreements concluded in Ukraine will not be properly implemented, the conditions will be changed, and in other cases, in general, the termination of the agreement. In this regard,there is a need to investigate the consequences of non-compliance with civil law obligations due to martial law in Ukraine.

If the parties have not agreed to bring the agreement in line with the current circumstances of martial law, which have changed significantly, the agreement may be terminated on the grounds established by the Central Committee of Ukraine, amended by a court decision at the request of the interested party. the moment of concluding the contract the parties assumed that such a change of circumstances will not occur; the change of circumstances is due to reasons that the interested party could not eliminate after their occurrence with all the care and diligence required of it.

Legal regulation of the legal consequences of significant changes in the circumstances that exist when concluding a contract is usually based on one of two key principles of contract law: the principle according to which contracts must be performed (pactasuntservanda), or clause (clausularebussicstantibus). The legislation of foreign countries contains norms according to which «a change of circumstances may justify a change in the contract, when the preservation of the contract in its original form leads to extraordinary results, incompatible with justice».

The main consequences of a significant change in the circumstances that guided the parties in concluding the contract are: - actually change the contract, ie change the terms of the contract (and as a consequence - the obligations between the parties) while maintaining the contract in force; – and termination of the contract by agreement of the parties
Grounds for invalidating marriage contracts: legal positions of the supreme court and risks in martial law
Authors: Mendjul M.
Published: February 2023

The article provides a comparative analysis of the grounds for declaring marriage contracts invalid, taking into account the legal positions of the Supreme Court before martial law and taking into account modern risks. It is noted that in the doctrine of private law in general and family law in particular, the approach to recognizing a marriage contract as a transaction with a complex legal nature, which is regulated both by the norms of the Family Code of Ukraine, and subsidiarily by the provisions of the Central Committee of Ukraine, is already established. In order to find out the requirements for the validity of the marriage contract, the grounds for declaring it invalid, the provisions of the legislation, the legal positions of the Supreme Courtcontained in the resolutions issued during the consideration of family cases both before the war and during  martial law were analyzed. The requirements for the content of the marriage contract were studied.

It has been determined which legal norms determine the grounds for the invalidity of a marriage contract and which requirements the parties must comply with when concluding a marriage contract. The following grounds for invalidating a marriage contract are distinguished: violation of the notarial form of the contract; improper subject composition; reduction of the scope of children’s rights established by the SC of Ukraine; the inclusion of conditions that put one of the spouses in an extremely unfavorable financial situation or the conclusion of a marriage contract under the influence of a grave circumstance; concluding a marriage contract under the influence of error, deception or violence; violation of the law by the marriage contract. It was revealed that a fairly significant number of cases are considered by the Supreme Court regarding the recognition of the marriage contract as invalid due to the inclusion of conditions that put one of the spouses in an extremely unfavorable financial situation.

It is substantiated that the rulings of the Supreme Court issued during the war in Ukraine confirm the consistency and stability of judicial practice regarding the analysis of the content of marriage contracts both in the conditions of the pre-war period and during martial law. Martial law is not a reason for the parties to deviate from the legal requirements regarding the content of the marriage contract. It is proposed to amend Article 103 of the Criminal Code of Ukraine and to present it in a new version.
The concept of limited mobile objects: civil-legal aspects
Authors: Shlyakhovska І.
Published: February 2023

The right of ownership and the possibility of using his property for purposes that do not contradict the law, in particular, for entrepreneurial and other activities not prohibited by regulatory and legal acts has been guaranteed to every person. The prescriptions of the legislation regulating public and private relations, in their totality, have created legal limits of the turnover of objects of civil rights, which have been implemented on the main principles and legal principles. At the same time, the issue of limited turnover objects remains an understudied domestic science.

Only the state, represented by its legislative body, is the subject authorized to determine which objects of civil rights are subject to restriction in civil turnover. At the same time, it should be taken into account that the definition of limited turnover objects is the quintessence of maintaining a balance between public and private interests, and therefore the establishment of special conditions for the turnover of a specific object must be considered and justified.

In the article, it has been proposed to understand limited movable objects as an independent variety of objects of civil rights, which are capable of passing from one person to another, but due to their specific properties and/or special characteristics, combined with the need for protection from the state, can belong only to certain traffic participants or to be in civilian traffic only under the condition of obtaining a special permit. Also, in view of the provisions of the Civil Code of Ukraine, it seems incorrect to define the types of limited turnover objects at a normatively lower level than the law. Considering this, we support the approach according to which, in order to ensure the certainty of legal regulation, it is necessary to adopt a special law, which will establish a list of restricted objects or bodies that will determine their belonging to restricted circulation.
Constancy of the property rights and the seizure of assets and corporate rights of russian companies: legal regulation in Ukraine and the experience of EU countries
Authors: Yaroshenko M. , Bondarenko E.
Published: February 2023

In the process of modern state-building processes, the European integration of Ukraine, as well as negative phenomena unfolding as a result of Russia’s armed aggression, the right to property, as one of the fundamental constitutional rights, is subject to restrictions and transformation. Constitutional scholars agree on the priority of improving the system of guaranteeing the inviolability of property rights, taking into account the balance of national interests. The article analyses the legal novelty of the seizure of assets and corporate rights of Russian companies and natural persons in Ukraine through the prism of the institute of the property rights in national law and the system of international human rights law. The general shortcomings of the existing legal construction are examined, as well as the existing practice of its application as a practical measure.

The purpose of the research is to clarify the content of the guarantee (principle) of the inviolability of property rights, as they are enshrined in the Basic Laws of Ukraine, Poland and Germany. The methodological basis of the research consists of general and special legal methods of scientific knowledge, namely: system-structural method, comparison method and logical-legal method. The results. The article analyzes the constitutional guarantees of the inviolability of property rights on the example of Ukraine and EU countries. It was established that the provisions of the Basic Laws, which establish standards in the field of property rights, have a heterogeneous and unsystematized presentation. The structure of “seizure” of corporate rights is compared with the criminal seizure of property and the civil construction of alienation of property rights. Based on the practice of the European countries and USA in the potential seizure of assets of Russian oligarchs, it is proposed to replace the existing mechanism, with the criminalization of the violation of the sanction regime imposed on Russian assets within Ukraine, with simultaneous introduction of the institution of urgent use of property for socially significant purposes, which will allow it to be used today, in order to ensure the use of the property for public purposes, and will confirm the determination of the Ukrainian people in the course of building a European, legal state, which comply with fundamental human rights, is determined to the principle of rule of law, legality, and will ensure its contribution in increasing the country’s image and investment attractiveness.
To the issue of legal stimulation of labor activity of employees
Authors: Vakariuk L.
Published: February 2023

The article states that in the conditions of a market economy it is important to have effective means of influencing labor relations, which would correspond to the mechanism of the market economy. One of such effective means of influence is a legal incentive. Legal incentives are the basis for the introduction of a stimulating regime for the development of the creative nature of work, interest in the results of one's work. With the help of incentives, it is possible to eliminate various problems that arise in the process of work and interaction of the parties to labor relations, strengthen labor discipline, increase the efficiency of work and enterprise management.

It is emphasized that the essence of legal incentives and their impact on the consciousness of employees is carried out with the help of the informational and psychological side of legal regulation. From the point of view of psychological influence, the importance of means of stimulation lies in the fact that they contribute to the awareness of the continuously acting cause-and-effect relationship between productive labor activity and material situation, which in turn encourages the employee to carry out his labor activity in accordance with the requirements of the labor law regime.

It is noted that the incentive regime is the application of legal incentives, their impact on the interests of employees. It influences not only the external behavior of the employee in the work process, but also his inner world - intelligence, subconsciousness, emotional and sensory sphere. The legal incentive is a motivating factor for the motivation of the employee's work, creates a stimulating regime in the enterprise, institution, organization to satisfy his interests and acts as a meaningful element in the functional characteristics of the latter. It is emphasized that such a regime is aimed at a purposeful change in the employee's behavior during the work process, during the performance of the work function in order to satisfy both his own needs and interests, as well as the needs and interests of the employer. The incentive regime operates only with positive means: incentives, benefits, permits, and therefore does not include means of a negative, unfavorable nature: obligations, prohibitions, restrictions.
Social protection of the unemployed: realities of today
Authors: Нapochka V.
Published: February 2023

The work deals with current issues of social protection of the unemployed in today's conditions. It is noted that the phenomenon of unemployment is the most acute problem faced by the population of Ukraine today. If previously the cause of such a widespread phenomenon was the inefficiency of the use of labor in the past and the lack of economic conditions that would allow people to apply their skills in productive work for a decent wage, today it is war. Unemployment in Ukraine is becoming massive and poses a real threat to state and social well-being. Today, the labor market in Ukraine is rather unstable, the number of jobs is decreasing and the imbalance between labor supply and demand is increasing, and a high level of unemployment is expected. The problem of unemployment is a key issue in the market economy, and if it is not solved, it will be impossible to establish the efficient operation of the economy and the level of unemployment will increase. And therefore, protection against unemployment should be an integral part of state policy aimed at solving important social and economic problems. The employment policy should guarantee the social protection of the population by ensuring adequate living conditions, regulating wages, stimulating new jobs and paying benefits to the unemployed, etc. It was concluded that the key to solving the problem of unemployment in Ukraine should be the development and implementation of a wide range of appropriate measures. This, and bringing the legislation of Ukraine in line with international norms and principles, and the implementation of State and regional employment programs, and the promotion of stable activities of strategically important enterprises, and the creation of favorable conditions for the development of entrepreneurial activities of the unemployed, as well as the development of short-term plans for the relocation or reorientation of some enterprises, assistance to businesses that cannot pay wages to employees and taxes due to hostilities. Increasing the level of employment should become a central issue of post-war reconstruction, reintegration and processes of returning to peace.
Legal regulation of employee internship as a manifestation of labour mobility
Authors: Lutsenko O.
Published: February 2023

In the article, the author proves that an internship can manifest an employee’s labour mobility when it is carried out within the framework of employment relations as a qualification improvement, additional activity, and flexibility of the employee in professional development and growth. Internship of employees is carried out with the aim of gaining practical experience of the person in the performance of production tasks and duties at the workplace at the enterprise after theoretical preparation before starting independent work under the direct supervision of an experienced employee. The internship is also one of the components of high-risk employment, and can also be the basis for obtaining a permit (certificate, license, etc.) to carry out a certaintype of professional activity.

The article establishes that a special legal mechanism for internships is provided for employees of certain categories, for example, for civil servants, academic staff and pedagogical employees, etc.

It was determined that the purpose of the internship is for a person to gain practical experience in performing tasks and duties at the workplace before starting independent work under the direct supervision of an experienced specialist or already in the process of working with the aim of expanding the list of professional competencies, i.e. as a manifestation of the employee’s labour mobility.

In the article, the author argues that the condition of an employee’s internship should be specified in the employment contract. And therefore, this would mean that this condition would be an additional condition of the employment contract, and after its conclusion, it would, accordingly, become mandatory for the parties to perform. And as a result, the relationship that arose during the fulfilment of this condition is labour, and the contract would not be recognized as a contract for the provision of services.

If the internship condition did not arise during the conclusion of the employment contract, but later, in such a case, we believe that an additional agreement should be concluded to the employment contract, in which the internship condition should be prescribed. If internships were to be regulated in this way, then, firstly, it would guarantee labour mobility for employees, secondly, the relations that arose during such an internship would be regulated exclusively by the norms of labour law, and accordingly, responsibility would follow under the labour legislation. thirdly, it would protect employers from non-fulfilment of the conditions for completing an internship and working for a certain period of time at this particular employer who paid for the internship.
Current state of legal regulation of self-employment in Ukraine
Authors: Mulgina O.
Published: February 2023

The work analyzes the current state of legal regulation of self-employment in Ukraine. It is noted that self-employment of the population is an alternative way out of the crisis situation on the labor market, for a certain part, a way of survival in a difficult life situation. Thanks to it, additional jobs are created, there is an opportunity to show one's own initiative and receive income. At the same time, it does not require state capital investments, has a mobile organizational structure, is based on strong labor motivation, focuses on consumer needs and promptly satisfies them. The basis of the legal regulation of this form of employment in Ukraine is the Constitution, special normative legal acts that regulate the procedure for the employment of self-employed persons. It is noted that the non-regulation of this form of population employment by the main acts of labor legislation has a negative consequence for the regulation of these legal relations. Attention is focused on the importance of self-employment as a separate type of employment, especially today, when the country is in a state of war. Currently, the processes of formation and development of the labor market of Ukraine and its regions are under the significant influence of the socio-economic crisis, the systemic nature of which produces the growth of labor migration, a high level of unemployment, an existing imbalance in the structure of labor supply and demand, the imperfection of the wage system, the development of shadow labor socio-economic and contractual relations, as well as the underdevelopment of incentives to improve labor efficiency. Therefore, aspects of effective employment of the population, creation of an effective labor market, prevention of mass unemployment and labor migration are of particular importance. The state should pay special attention to the issue of self-employment of the population in Ukraine, in particular by introducing regional strategies to support employment; improvement of the organizational and economic mechanism of interaction of the self-employed with local authorities. The implementation of the mentioned measures should lead to the development of territorial programs to promote the development of micro-businesses, the development of regulatory documents, the optimization of tax payments, the construction of a system of social protection and social benefits for the self- employed.
Global trends in general approaches to victimological crime prevention
Authors: Koval’ M.
Published: February 2023

Victimogical ideas were born several thousand years ago. Self-defence of a potential victim at the dawn of humanity was the main method of crime. Then, as other mechanisms for social evil appeared and developed, self-defence became one of the problems of the victim himself. The state and society, trying to protect the individual, developed other measures that did not require the participation of the victim in their logical analysis, which addressed to such phenomena as crime, criminal.

The preventive role of law consists in regulating spheres of social life, during which existing criminogenic factors are either eliminated or their action is seriously hindered. The law cannot destroy the economic, social, and cultural causes and conditions of crime, but it can influence their negative manifestations: localize, block, and organize appropriate counteraction to negative phenomena and processes.

Accelerating the processes of European integration requires the introduction into law enforcement practice not only of modern forms and methods of combating crime, but also standards of protection of human rights and freedoms recognized by the world community. Real democratic transformations are inseparable from the humanization of social relations because a person, his life and health, honour and dignity, inviolability and security are recognized as the highest social value.

Currently, in several European countries, including Great Britain, the Netherlands, and France, the situational form of prevention is part of the official crime prevention policy. Despite this, there are concerns that “the use of this approach to crime prevention will have wider societal consequences of limiting freedom and unequal access to the positive outcomes of crime prevention.”

Analysis of modern global trends in crime prevention shows that in the vast majority of states it is carried out with the help of “official” systems of fighting crime, i.e., law enforcement agencies and criminal justice.
The law of war as a source of contemporary branches of international law
Authors: Butkevych O.
Published: February 2023

Branches of international law arise mainly as a result of the following factors: 1) complications of international legal consciousness (international human rightslaw, international security law, international environmental law, international criminal law, etc.) and 2) technological progress (international air, space, nuclear law, relevant innovations in international maritime law, etc.). Under the influence of the same factors, new institutions are formed within existing branches (responsibility for international crimes, prohibitions of genocide, prohibitions of apartheid, responsibility for environmental pollution, instant custom, etc.). The article examines the mechanism of formation of the international humanitarian law, the law of armed conflicts, international security law, international human rights law, and international criminal law. It is claimed that they are based on a traditional section of pre-classical international law - the law of war. The first attempts to regulate the conduct of armed conflicts formed the basis for the creation of these branches. The first scientific systematization of international law was one proposed by Hugo Grotius. The scholar proposed to divide the system of this law into two interrelated components - the law of war and the law of peace. Grotian systematization formed the basis of further scientific systematics of international law in the 17th-19th centuries. The Hague Peace Conferences changed the traditional view of the division of international law into the law of war and peace. The Hague peace conventions influenced on formation of the international humanitarian law. The 20th century became a period of active formation of new branches of international law within the framework of the process of "codification and progressive development of international law" under the auspices of the United Nations. So the traditional law of war gave birth to several branches of modern international law.
Legal regulation of enforcement cooperation within the EU
Authors: Zadorozhna S.
Published: February 2023

This article is devoted to the analysis of the legal regulation of law enforcement cooperation within the EU, where there is an integral system of organizational, legal, technical and informational mechanisms that allow the member states and the European Union in general to achieve effective results in the protection of security on the territories of the EU as a whole and state- members in particular. Three main areas, namely the European Multidisciplinary Platform Against Criminal Threats (EMPACT), the problem of unification and harmonization of legal regulation of cross-border cooperation, for example within the framework of joint investigative operations, the activities of special supranational institutions in this field in the article is being investigated. In particular, the content of the fundamental regulatory act in this area was analyzed - the Code of Police Cooperation, which establishes the legal regulation of cross-border harassment and surveillance, the procedure for conducting joint investigative operations and establishing joint training and professional development. Considerable attention is dedicated to the problem of the common information space of law enforcement cooperation, within which the SIS information system was created, the SIRENE bureau operates, and a number of other supranational tools. The European practice of combating modern challenges of criminal and legal threats is studied in the article as an example of high standards of law enforcement cooperation in the fight against cross-border crime and guaranteeing the safety of human life for Ukraine.  In order to introduce such standards, a holistic study of the entire legal array regulating the cooperation of law enforcement agencies within the EU is necessary, with the aim of harmonizing the law of Ukraine in accordance with the Association Agreement, in particular, Chapter III "Justice, Freedom and Security". On the other hand, Ukraine should become a pillar of European security, given the incredible threat to Europe from the aggressor country Russia. Europe seriously thought about its security and the formation of a joint army and rapid response forces. That is why the security of Europe today depends on the joint close cooperation of the EU and Ukraine.
Implementation of the law enforcement function of the state by the prosecutor’s office: a mechanism for ensuring constitutional security
Authors: Byelov D. , Shved І. , Bielova M.
Published: February 2023

It is indicated that over the past 10 years, the issue of ensuring the security of the state has become particularly relevant for domestic legal science, primarily because during this period the foreign policy conditions of our state’s existence have become significantly more complicated, which has led to internal problems (the attack of the Russian Federation on the territory of independent Ukraine). Thus, in the modern socio-economic and political conditions of the functioning of our state, the problems of ensuring its security become particularly acute. Article 17 of the Constitution of Ukraine states that the provision of state security and the protection of the state border of Ukraine are entrusted to the relevant military formations and law enforcement agencies of the state, the organization and procedure of which are determined by law. Therefore, ensuring the security of the state is regulated at the legislative level and is carried out by specially authorized entities. Thus, from the point of view of constitutional law, it is important to study the status of the prosecutor’s office in interaction with other state authorities, however, from the point of view of the theory of constitutional security, we turn to the most important tasks of maintaining domestic stability, constitutional security, and observing the foundations of the constitutional system of Ukraine.

It has been determined that the fact that the study of the conceptual and legal foundations of the state law enforcement service in our country is aimed at understanding it as an object of management, determining its essence and structure, as well as substantiating the requirements for the future is indisputable.

The authors come to the conclusion that, speaking about the provision and implementation of the law enforcement function of the state, one should agree with the opinion of V. Volynets, that as such - that is, in the most general aspect - is inherent to almost all state authorities without exception, regardless of their affiliation to one or another branch state power. At the same time, in our opinion, among a number of state bodies that exist in any country, there are only a few for which the implementation of the law enforcement function is the basis and core of their activity, which are the prosecutor’s offices.
Реалізація кримінальної відповідальності учасників злочинних організацій за злочини у сфері обігу наркотичних засобів, психотропних речовин, їх аналогів і прекурсорів
Authors: Vozniuk A. , Budik І.
Published: February 2023

The article examines the peculiarities of bringing members of criminal organizations to criminal liability for crimes in the sphere of trafficking in narcotic drugs, psychotropic substances, their analogues and precursors, assigning them punishment, concluding plea agreements with them, as well as applying exemption from punishment and serving it.

According to results of the study of sentences handed down during 2008–2022, a fairly significant share of crimes committed by criminal organizations in the sphere of trafficking in narcotic drugs, psychotropic substances, their analogues and precursors was established – about 40%. Arguments are given regarding the probable explanation of this fact. Acquittals were issued for 13.6% of the defendants due to the failure of law enforcement agencies to prove that a person committed the crime provided for in Art. 255 of the Criminal Code of Ukraine.

The analysis of the results of imprisonment for a certain period of time shows that 51.4% of convicts are sentenced to a milder punishment than provided by law (with the application of Article 69 of the Criminal Code of Ukraine), and 92.7% of convicts are sentenced to either the minimum possible punishment within the sanction of Art. 255 of the Criminal Code of Ukraine, or even lower than the lowest limit established by the sanction of this article. Quite often, plea agreements are concluded with such subjects (57.1%). Since 2017, these agreements have been concluded with 95.2% of convicts. Almost 40% of convicts actually do not serve a prison sentence for a certain period of time, because they are released from serving a probationary sentence. At the same time, the duties imposed on those released do not always contribute to the correction or re-education of convicts. Proposals for solving these problems are made.