bluuebunny/crossref_metadata_2025 huggingface dataset:
Propaganda and its types. Ways to counter propaganda
Authors: Drabiuk S.
Published: August 2022

This article is devoted to the problem of propaganda in the today’s world. The relevance of the research topic is due to the fact that information has a significant impact on the public consciousness, and it can be used as a mean of destabilization or manipulation of society. We see that the information war is part of russia's war against Ukraine. Therefore, the study of the concept and means of combating it is a very important and necessary step.

The article defines the meaning of the term "propaganda", highlights the characteristics of this phenomenon. Based on the analysis of legal doctrine, it is determined how to distinguish propaganda from the usual exchange of ideas and information.

Was proposed a classification of propaganda, based on different criterias: depending on its direction; depending on the field of distribution; depending on the degree of reliability of the information and depending on the stage of dissemination of propaganda.

As the problem of propaganda is particularly acute today, it becomes clear that the mechanisms for combating this negative phenomenon need to be further improved. In the form of abstracts, several ideas were proposed to identify and recognize propaganda, fake news and misinformation at an early stage. Putting these ideas into practice, in our opinion, would prevent the tragic and devastating consequences that, as history shows, the influence of propaganda leads to.

It was also investigated what measures to combat the destructive influence of propaganda are used in Ukraine today, what tools the government uses to counter the disinformation campaign of russia aimed at destabilizing Ukrainian society in the language of war. Were explained the phenomenon of counter-propaganda and its main features.

Based on the above, we summarized the results of the study and identified a range of issues that still require further research.
Evolution of the Constitution of Japan (1889-1946): comparative research
Authors: Zinchenko O. V.
Published: August 2022

A comparative analysis of the constitutions of Japan in 1889 and 1946, their common features and differences.

It is concluded that both Basic Laws meant the second, after ancient Chinese law, and the third reception of foreign law. The common features and differences inherent in the constitutions, due to the combination of the influence of foreign law with Japanese traditions, and the importance of constitutions in ensuring rapid and effective political and socio-economic development of the country at two historical stages.

Common features include small volumes of texts, the proclamation of Japan as a constitutional monarchy by both basic laws, the consolidation of the principle of separation of powers, the duty of subordinates and citizens to pay taxes, the emperor's right to dissolve the lower house of parliament, constitution by foreign legal ideas, foreign law with Japanese traditions, promoting rapid and effective political and socio-economic development and improving the legal culture of the population.

The differences are the enshrinement of the 1946 Constitution, the principle of people's sovereignty, the radical limitation of the emperor's powers, the proclamation of parliament as the supreme body of state power, the abolition of the hereditary chamber of parliament as part of parliament, its replacement by an elected chamber of advisers parliament, the elimination of estates, the consolidation of political and socio-economic rights of citizens, the declaration of their inviolability and the principle of pacifism. Constitutions differ in the responsibility of deputies for expressing opinions outside parliament, the presence or absence of a section in the text on the government, the Secret Imperial Council, the content of the independence of the judiciary, its structure, the status of the emperor, the powers of government.

 Also among the differences are the formation of constitutions under the influence of different legal families: Anglo-American law on the Basic Law of 1946 and Romano-Germanic law on the content of the Constitution of 1889. The content of the constitutional monarchy is different: the first basic law provides broad executive and legislative powers of the emperor, and the second ‒ a parliamentary monarchy, with purely ceremonial prerogatives of the emperor.
Sources of information and analytical activity
Authors: Fedorov I.V. , Kalugin V.Y.
Published: August 2022

Due to the imposition of state of war in Ukraine on February 24, 2022 after the beginning of the armed attack of the Russian Federation, the criminal situation in Ukraine has worsened, as is evidenced by some increase in the number of crimes committed and public danger. To form an effective system for combating crime, it is necessary to study and conduct a criminological analysis of the state of crime at the present stage of development of Ukrainian society.

In addition, the intense dynamics of growth of social processes generates huge uncontrolled, contradictory flows of information that require appropriate research, analysis, control, which cannot be done without an effective modern analytical technologies.

In order to successfully solve the tasks related to improving the effectiveness of the fight against crime, it is necessary that anti-crime authorities have comprehensive, accurate and timely information on the status, structure, dynamics of crime and other anti-social manifestations, the circumstances that contribute to their fight against crimes of various categories.

Within the limits of their powers, criminal police units receive a sufficient amount of information about criminal activity, in particular, about representatives of organized crime.

For law enforcement, large amounts of information that always mean quality efficiency. Law enforcement agencies usually have a surplus of information, and they need to process it in such a way that it facilitates procedural decisions, increases efficiency, allows to develop strategic directions of their activities.

In this regard, an important task is to use tools that would produce significant amounts of available data. One of such tools in the activities of operational units of the National Police of Ukraine is criminal analysis - a specific type of information-analytical activity, which consists in identifying and determining as accurately as possible internal links between information (information, data) related to criminal offenses and others data obtained from various sources, their use in favor of operational and investigative and investigative activities, their analytical support.

The purpose of criminal analysis is to find important information in a large flow of data and to disseminate this information among law enforcement officers to assist them in stopping criminal activity and apprehending criminals.

In today's world, criminal analysis, as a separate type of professional activity, is carried out by law enforcement agencies of most developed countries and is an essential component of tasks to achieve long-term goals, prioritize and general direction of law enforcement.
The probability of military aggression of autonomous AI: assumptions or imminent reality (analyzing the facts of russian war against Ukraine)
Authors: Kostenko O.V.
Published: August 2022

The application of modern technologies with artificial intelligence in all spheres of human life is growing exponentially. There is a real concern that this growth could become uncontrollable. The lack of public, state and international control over artificial intelligence technologies creates large-scale risks of using such software and hardware that inevitably affect or, conversely, intentionally harm humanity. The events of recent weeks and Russia's war against democratic Ukraine confirm the thesis that the uncontrolled use of AI, especially in the military sphere, can lead to complete non-compliance with the moral norms of the use of controlled AI or the spontaneous emergence of aggressive autonomous AI.

The development of legal regulation of the use of technologies with artificial intelligence is being carried out rather slow, in comparison to the rapid development of AI technologies, which simultaneously cover all areas of public relations. Therefore, control over the creation and use of AI should be carried out not only by technical regulation (requirements, technical standards, regulations, assessments of compliance with technical standards, control of compliance with technical regulations) but also by the developing of standard laws and specific changes in the information, civil, criminal and other spheres of law, by creating comprehensive legislation and the state supervisory authority in this area.
Principles of administrative procedural law
Authors: Matchuk S.V.
Published: August 2022

This article is devoted to the characteristics of the content of the principles of administrative procedural law, taking into account the provisions of the draft Law of Ukraine "On Administrative Procedure". It is substantiated that in administrative-legal science the generally accepted concept of principles of administrative-procedural law is not formed, which generates discussions about their list, essence and purpose in administrative law. Therefore, it is important to study the concept of principles of administrative procedure.

The features inherent in the principles of administrative-procedural law are singled out: 1) the presence of a specific area of regulatory influence - administrative-procedural activities, 2) universality, 3) regulatory regulation, 4) fundamentality, 5) on the consideration and resolution of administrative cases, 6) the need and stability in resolving individual administrative cases in the field of public administration.

It is emphasized that the principles of administrative-procedural law reflect the worldview ideas on the settlement of relations between the subjects of public administration and persons on the consideration and resolution of administrative cases; they establish the essence of the rules of conduct of such entities; act systematically as a set of basic and general rules of conduct; their effect extends to all types of administrative procedures; they improve the sub-branch of administrative law, and their violation leads to the application of certain means of responsibility.

The author proposes to supplement the already listed in the draft Law of Ukraine "On Administrative Procedure", the list of principles of administrative procedure, the principles of administrative procedures in the state language; availability and customer focus.
The protection of commodified data in e-platforms
Authors: Bulgakova D.
Published: August 2022

Using limited information, notably excluding paramount items in e-platforms, the user leads to sub-optimal decisions regarding his/her data to digital commodes. Thus, the study statement: personal data has been commodified. The study uses a method the mitigation of data commodification risk. It aims to find a way for data protection when a person uses e-platforms. It is important because user's attributes that allow others to recognize each other are closely aligned with a person's being, and individuals identify themselves through these attributes. As such, they are essential to personhood and warrant protection. The personality of user in e-platforms must be dignity - inalienable.

Based on the GDPR Article 25 and Recital 78, the measure for the data protection is assumed to comply when data systems go along with technical and organizational safeguards. The EU's concept advances a new legal approach where users are holders of their data. It allows them to manage data in secure, local, and online storage orderliness, dispensing it by person's choice. Selves are capable to select settings for data execution and data accord. This mitigation technique acknowledges a human-centric distinction and increased e-platforms for empowered designs. It can also guard against unlawful profiling techniques that strive to circumvent critical measures for the risk mitigation of data commodification. The solution is found aground in the experience of e-platforms such as Mydex, NextCloud, and MyData Global. In this regard, the article defends the digital integrity in e-platforms through data protection by design, informed consent, and the prohibition in e-platforms to consider data - a source of financial gain. The conclusion would remain to go along with data accuracy, time reservation, and user informativeness.
Financial policy under martial law
Authors: Latkovskyi P.
Published: August 2022

The article is devoted to the study of financial policy under martial law. It is substantiated that Ukraine's financial policy in recent years has seen significant progress and attention from both government agencies and foreign creditors such as the IMF, the World Bank and the European Union. The focus is on the development of budget legislation since the adoption of the Budget Code of Ukraine. It is noted that the Strategy for the Development of the Public Financial Management System and the Action Plan for its Implementation are a certain roadmap for reforming the budget system in general and budget legislation in particular.

The author argues that in today's conditions of war, the situation around the entire financial policy, as well as around the public economy as a whole, has changed dramatically for the needs of warfare and hostilities. Financial policy priorities have changed for the needs of operational support and for the proper and continuous execution of local budgets. In order to ensure the effective functioning of the budget sphere and the vital needs of Ukrainians during hostilities, public authorities make quick, efficient and prompt decisions to maintain financial stability in the country. Today, the local budget is amended not only by executive committees of local councils, local state administrations, but also by military-civil administrations at the request of local financial bodies without a decision by the Verkhovna Rada or local council.

Based on the study, it was found that the financial and economic levels are stable and unchanging, which means high professionalism in government and political decision, as well as professionalism and resilience of the Armed Forces of Ukraine. Today, financial policy strategy and tactics must be interlinked. Financial strategy is a long-term course of financial policy, designed for the future and which involves the solution of major challenges identified by economic and social strategy. While financial tactics should be aimed at solving the current problems of the country's development through the timely redistribution of financial resources.
Criminal consequences of intentional non-compliance with restrictive measures
Authors: Kovalyk Y.
Published: August 2022

Domestic criminal law is being in constant dynamics, so it means that the norms of the current legislation are being improved, new, previously unknown, criminal-legal categories are being introduced, recommendations of international institutions are taken into account, etc. Not an exception in this process is chapter XIII-1 of the General part of the Criminal Code of Ukraine, which regulates restrictive measures, as well as Article 390-1 of the Criminal Code of Ukraine, where the legislator provided criminal liability for intentional non-compliance of the measures.

This scientific article does not analyze the composition of the criminal offense under Article 390-1 of the Criminal Code of Ukraine, but considers this article in terms of its criminalization.

It is proved that the existence within one article of several alternative socially dangerous acts in the form of intentional non-compliance with restrictive measures) provided for in Article 91-1 of the Criminal Code of Ukraine, or intentional non-compliance with restrictive orders, or intentional evasion of the program for offenders, if correct interpretation provided do not contain contradictions.

The rules of continued application of criminal law restrictive measures in case of their intentional non-compliance and simultaneous bringing a person to criminal justice under Article 390-1 of the Criminal Code of Ukraine are also derived.

Explained the need to single out a socially dangerous act in the form of intentional non-compliance with restrictive measures provided in Article 91-1 of the Criminal Code of Ukraine in a separate part of Article 390-1 of the Criminal Code of Ukraine as a qualified component of this criminal offense, for which the person will bear more serious criminal consequences, which are provided by the sanction of the article. This will not only promote prevention, but also meet the requirements of international regulations.

Therefore, in conclusion it is important to emphasize that the regulation of restrictive measures and the establishment of criminal liability for their intentional non-compliance in the Criminal Code of Ukraine is a positive step, but due to the novelty of this legal category there is a need for their partial editing and changes.
The importance of covert investigative (investigative) actions in proving criminal offenses related to drug trafficking
Authors: Pomaz Ya.O.
Published: August 2022

The article conducts a scientific study of the significance of the institute of covert investigative (investigative) actions (hereinafter - CI(S)A) during the pre-trial investigation of criminal offenses related to the sale of narcotic drugs, psychotropic substances or their analogues.

The introduction of the institution of CI(S)A is a novelty of the criminal procedure legislation, which gave a significant impetus to the disclosure of this category of criminal offenses. In general, the widespread use of CI(S)A during the pre-trial investigation of these crimes indicates the difficulty of proving this category of criminal proceedings.

The article also reflects statistical data on the number of requests of investigators and / or prosecutors for permission to conduct CI(S)A by investigative judges.

The author clarified the cases in which the relevant CI(S)A, as well as the general timing of their conduct. Emphasis is placed on the fact that the vast majority of CI(S)A are conducted in criminal proceedings exclusively for serious or particularly serious crimes.

The system of CI(S)A has been established, which is determined by the criminal procedure legislation of Ukraine and, among other things, the main types of investigative actions carried out by the pre-trial investigation body during recording the facts of sale of banned substances have been identified.

The authorized subjects to whose competence the right to make the decision on granting of the permission for carrying out CI(S)A are defined. Also, the range of entities that have the right in accordance with the provisions of the CPC of Ukraine to conduct CI(S)A.

It was found that the recording of the course and results of the CI(S)A must comply with the general rules of recording criminal proceedings, and their results are used in evidence on the same grounds as the results of other investigative (search) actions. In general, CI(S)A is one of the ways to gather evidence in the sense of the provisions of Art. 93 of the CPC of Ukraine.

Some conclusions were made based on the results of a study of certain types of emergency situations, and it was found that the latter is one of the most effective ways to combat illicit drug trafficking in the country.
Subject and subject jurisdiction in the plane of legal certainty: problems in civil procedure law
Authors: Ivaniyra I. , Shevchenko D. , Khokhlenkova Ye. , Khokhlenkova Ye.
Published: August 2022

This article is devoted to the subject and subject-matter jurisdiction in the plane of legal certainty. The article analyzes the problems through the prism of legal certainty, arising when attributing a case to the competence of courts: general, administrative and economic because the civil legislation does not enshrine any rules of attributing a particular case to the competence of a particular court. Ukraine in 2014 chose the European vector of development, so the legislation, in particular the civil procedure, must meet the criteria of the rule of law, the foundation of which is the rule of law. The interrelation of subject and subject-matter jurisdiction and the rule of law is revealed through the elements of legal certainty, namely: clarity, precision, provision of law, the ambiguity of its norms, established court practice, mandatory execution of court decisions, finality of court decisions. Considerable attention to this topic was paid by scientists A. Savchuk, A. Tkachuk, and A. Monayenko. The authors analyzed quite a few decisions of the European Court of Human Rights and noted that since the civil procedure law does not contain criteria for distinguishing the subject and subject jurisdiction, so a significant role is played by the court practice, which should be established and stipulated. According to the authors, this does not mean that the Supreme Court should not be able to deviate from its previous legal positions, as the development of judicial practice is not contrary to proper law enforcement, as the lack of an evolutionary and dynamic approach prevents any changes or improvements. The Supreme Court in such situations is only required to provide a more substantive justification for deviating from previous legal positions. As a result of the study of scientific works, and court practice, we analyzed each criterion of delimitation of subject and subject-matter jurisdiction, which were made in the exercise of judicial proceedings by the courts, and gave examples from judicial practice. The legislator is obliged to fix them at the level of the civil procedural law, which in turn will promote public confidence in the state, and the judicial system, to ensure the proper attitude to the law and the law as a whole.
On the issue of judicial law-making in civil proceedings
Authors: Timchenko G. P. , Kotvyakovsky Yu.A.
Published: August 2022

The article studies the institution of judicial law-making and its connection with the institution of legislative gaps in the historical and legal context of the development of civil justice. Along with this, the grounds for the emergence of legislative gaps, their types and ways to overcome them during the law enforcement practice of general courts are determined. The authors conduct a comparative analysis of the features of continental and common law in the field of both legislative gaps and their overcoming through judicial lawmaking. At the same time, attention is drawn to the fact that the courts do not have the right to deny a person justice on the grounds of the absence, incompleteness, vagueness or inconsistency of the rules of law, which is a key provision directed towards judicial lawmaking. In this part, the authors pay attention to the judicial law-making of the Grand Chamber of the Supreme Court and the imperativeness of its legal positions, which develop law in our state. At the same time, the paper notes that European countries, including Ukraine, are gradually approaching convergence justice, where the rules of law are widely applied, but along with this, the courts are not deprived of the right to judicial lawmaking. In particular, in countries such as Germany, the courts are even obliged to legislate when necessary. Therefore, judicial law-making is not an unlimited concept. It can always take place only where there are legislative gaps on the one hand, and on the other, where there is a dispute about the law, since it is precisely when such a dispute is settled by the rules of law that all the shortcomings of the legislation appear, such as vagueness, inconsistency or incompleteness, otherwise and the lack of rules by which the court could resolve disputed relations.
Theoretical characteristics of the category "fundamental human rights"
Authors: Voloshenyuk O.V.
Published: August 2022

The article is devoted to the theoretical analysis of fundamental human rights as a special category. It is established that fundamental human rights should be understood as main, most important, basic rights. Three aspects of distinguishing this category of human rights are proposed. The content-value aspect indicates the connection of fundamental rights with basic social values, which determines their universal nature. The hierarchical aspect determines the place of fundamental rights in the system of human rights and freedoms, emphasizes their supremacy and systemic nature. The procedural-restrictive aspect demonstrates the peculiarities of the realization of fundamental rights in the context of the functioning of public and political power and emphasizes the prevention of state interference in the most important areas of private life.
The influence of local conditions and local cultures on the recognition of certain rights as fundamental on the example of activity of the Inter-American Court of Human Rights has been studied. It is emphasized that in specific conditions of place and time, certain human opportunities become especially relevant and require increased legal protection and guarantees, which leads to the expansion of the catalog of fundamental human rights. Examples include freedom of access to information and the right to privacy, which have become fundamental rights in recent decades. It is concluded that fundamental human rights are aimed at protecting the most important, basic social values, are the basis for the formation of an integrated human rights system and create a reliable framework that protects the individual from excessive pressure from public and political authorities.
Legal provision of financial security of the state in martial law
Authors: Korobtsova D.V.
Published: August 2022

The article is devoted to the study of the essence of the main components of financial security of the state as a condition for ensuring the functioning of the national economy in martial law on the basis of financial legislation and providing proposals for its provision. Identification of current threats and risks to Ukraine's financial security and study of the state's competence to ensure Ukraine's financial security from real and potential threats. Finding sources of funding and determining the use of financial resources is the basis for ensuring the protection and development of production in the country in peacetime and, most importantly, in the war. The article is prepared with the use of current regulations relevant to this topic and problem. The main threats and risks to Ukraine's financial security have been updated and described. The process of development of issues of legal support of financial security of the state is analyzed. The peculiarities of the domestic legislative provision of the financial security of the state are determined. It is substantiated that the financial security of the state, as a component of economic security depends on its elements that have an impact on national security in general. Ensuring measures that have an impact on financial security, namely the security of the budget system, banking system, tax system and in the field of finance of enterprises operating in the country during the war. Establishment of a public-private mechanism of management, which regulates relations in the public sector of the economy, whose activities are aimed at ensuring the country's defense capabilities, and whose finances are under the full control of the state. The financial security of Ukraine at war is determined by the state of financial resources in order to finance the army, defense industry, the ability of enterprises, regions, businesses to obtain and direct financial resources to protect the country, to ensure the systematic reproduction of material production. Ensuring the financial security of the state in a state of war requires state regulation of the banking system and entrepreneurship.
State policy of Ukraine on combating illegal migration
Authors: Smirnova D.
Published: August 2022

The article clarifies the content of the concepts of “national security”, “national interests of Ukraine” and “migration”. It is proved that uncontrolled migration processes are a threat to national interests. It is substantiated that from the ethno-political pointof view security indicators can be: demographic situation, migration trends, unemployment rate among a certain ethnic group, living standards of different peoples, the degree of politicization of ethno-national entities. By analyzing the impact of migrationon the national security of our country, it is proved that the main shortcomings of the state migration policy to combat uncontrolled migration are insufficient number of specialists and experts in the field of migration, and that the negative effects of uncontrolled migration in our country are not fully manifested. , errors in determining national interests lead to state disorder, pose a threat to the nation. In addition, it was found that the threat to society is posed by refugees who are in the country illegally and are not registered with the relevant authorities. Illegal migration is also manifested in the deterioration of the criminogenic and sanitary-epidemiological situation, possible conflicts on national grounds, illegal migration is associated with corruption and abuse of office, organized crime and more. Based on scientific research, proposals have been developed to improve migration policy. It is proved that ethno-political views consider security indicators as: demographic situation, standard of living of peoples, level of politicization and ethno-national formations. In addition, it was found that refugees who are in the country illegally and are not registered with the relevant authorities are a threat to society.
Judicial control over the discretional powers of public authorities
Authors: Stroha Ye. , Dovhaliyk Y.
Published: August 2022

An important place in the current conditions of decentralization of public power in Ukraine belongs to the issue of discretionary powers as an opportunity for the government to act at its own discretion. This possibility, as the authors note, is provided by the law itself, and the latter for some reason do not contain a definition of "discretion", which in turn complicates the legal definition of the content of these powers. Therefore, the authors analyze and present in the article several concepts formed by scientists and international organizations, and point to the need to establish a normative definition of "discretion".

The article states that in foreign law the issue of discretionary powers is also actively explored, in the context of administrative or judicial discretion.

In addition to the interpretation of the content of "discretionary powers", the authors also reveal issues related to the regulation of relations in the implementation of the latter. Yes, it is emphasized that the existence of any "discretion" is permissible and in line with the rule of law, but it directly requires the establishment of boundaries and judicial control.

The purpose of limiting "discretion" is to prevent arbitrariness of both public authorities and local governments. Because the application of discretion should not contradict universal principles and the principles of public service, but also correspond to the task for which such discretion was applied.

This position is also expressed by the European Court of Human Rights in its judgments, in particular in the case of Volokh v. Ukraine of 2 June 2006. Thus, the Court notes: "granting public authorities and their officials legal discretion in the form of unlimited power does not comply with the rule of law". Therefore, most states create effective mechanisms of control over discretion. In Ukraine, this obligation is assigned to administrative courts, in accordance with the Code of Administrative Procedure of Ukraine.
Some issues of administrative offenses
Authors: Pavlovska N.
Published: August 2022

The article examines the study of the content and structure of administrative offenses (torts) during martial law, specifies their theoretical and practical basis.

A detailed analysis of the stages of administrative offenses during martial law is considered, the accumulated scientific information and empirical base are summarized and based on them scientific and practical proposals and recommendations for improving their legal regulation, eliminating existing gaps and conflicts, and identifies areas their further development.

It is claimed that administrative offenses (torts) during martial law are an independent institution of administrative law. The types of administrative penalties applied for committing administrative military offenses are determined.

It is determined that the special period is the period from the moment of announcing the decision on mobilization (except the target) or bringing it to the executors of covert mobilization or from the moment of martial law in Ukraine or in some localities and covers mobilization time, wartime and partially rebuilding period after the end of hostilities.

Military administrative offenses (torts) include: refusal to comply with the lawful requirements of the commander (chief) of Art. 172-10 Code of Ukraine on Administrative Offenses; unauthorized leaving of a military unit or place of service of Art. 172-11 Code of Ukraine on Administrative Offenses; careless destruction or damage to military property Art. 172-12 Code of Ukraine on Administrative Offenses; abuse of power or official position by a military official of Art. 172-13 Code of Ukraine on Administrative Offenses; excess of power or official authority by a military official of Art. 172-14 Code of Ukraine on Administrative Offenses; careless attitude to military service Art. 172-15 Code of Ukraine on Administrative Offenses; inaction of the military authorities Art. 172-16 Code of Ukraine on Administrative Offenses; violation of the rules of combat duty of Art. 172-17 Code of Ukraine on Administrative Offenses; violation of the rules of border service of Art. 172-18 Code of Ukraine on Administrative Offenses; violation of the rules of handling weapons, as well as ammunition, explosives, other substances and objects that pose an increased danger to the environment of Art. 172-19 Code of Ukraine on Administrative Offenses; drinking alcoholic, low-alcohol beverages or using drugs, psychotropic substances or their analogues. 172-20 Code of Ukraine on Administrative Offenses.
On the issue of criminal liability for domestic violence.
Authors: Pankevich VM , Sukhorebra TI
Published: August 2022

The article analyzes the norm of the criminal legislation of Ukraine in the field of criminal law counteraction to domestic violence. It is determined that criminal liability for domestic violence is enshrined in Article 126-1 of Section II of the Special Part "Criminal offenses against life and health of a person" of the Criminal Code of Ukraine.        It is concluded that the subject of social relations that ensure life, physical integrity and health of a person is a group of "natural" human rights to life, physical integrity and health. This conclusion demonstrates the inconsistency of the title of Section II of the Special Part of the Criminal Code of Ukraine to the group of public relations, which are placed under its criminal protection, on the consolidation of criminal liability for domestic violence. Therefore, it is concluded that the criminal law, which provides for liability for domestic violence, in a separate additional section of the Special Part of the Criminal Code of Ukraine, along with other criminal offenses that encroach on family law, including Articles 150-1, 151-2, 164-169 of the Criminal Code of Ukraine.        It is noted that the set of criminal offenses should be classified as domestic violence related to torture (Article 127 of the Criminal Code of Ukraine), a qualified type of beatings and killings (Part 2 of Article 126 of the Criminal Code of Ukraine), a qualified threat of murder Article 129 of the Criminal Code of Ukraine), intentional infliction of moderate and grievous bodily harm, leading to suicide (Articles 120-122 of the Criminal Code of Ukraine) and premeditated murder (Article 115 of the Criminal Code of Ukraine). At the same time, the task of domestic violence of intentional light bodily harm (Article 125 of the Criminal Code of Ukraine), as well as the main composition of beatings and beatings (Part 1 of Article 126 of the Criminal Code of Ukraine) and the main composition of the threat of murder ) does not require qualification in the aggregate.        It is noted that one of the shortcomings of the legal definition of domestic violence is a sign of systematicity, the interpretation of which is left to the discretion of law enforcement practice. In addition, the legislator did not disclose specific methods of domestic violence, and the very composition of the offense, being material, contains consequences, the essence of which is very difficult to establish. The shortcomings of the legislative structure of Article 126-1 of the Criminal Code of Ukraine include the lack of qualified and especially qualified signs of domestic violence, which does not allow to effectively differentiate the use of criminal remedies, exercising the right of judicial discretion.
Violation of international legal obligations by the United Nations in the context of armed aggression by the Russian Federation against Ukraine
Authors: Zhukorska Ya.M.
Published: August 2022

On February 24, 2022, the Russian Federation launched a direct armed aggression against Ukraine. Russia is a member of the United Nations and a permanent member of the UN Security Council.

In this article, the author attempts to establish a violation of the international legal obligations of the United Nations as an international organization whose purpose is to maintain international peace and security. The author analyses the notion of violation of international legal obligations by an international organization, based on comments on the Articles on State Responsibility for Internationally Wrongful Acts approved by the UN General Assembly in 2001 and the Articles on International Responsibility of International Organizations Approved in 2011. And then considers the UN's commitment under the Charter to maintain international peace and security.

The author notes that in the case of aggression by the Russian Federation Security Council does not perform its functions of identifying any threat to peace, breach of peace or act of aggression and does not make recommendations or decisions that can be classified as inaction, as it is the responsibility of states to maintaining international peace and security.

In fact, the UN's obligations to member states under the Charter can only be considered a minimum standard for maintaining international peace and security. Especially given the development of the concept of responsibility for protection.

If we compare the actual behaviour of the subject with the behaviour required by the Charter, the UN acts in the event of armed aggression in Ukraine, without taking any "effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression " as stated in paragraph 1 of Article 1 of the UN Charter, or at least does not take the necessary measures due diligence.

The actual inaction of the UN in defending the principles of international law, especially the principle of non-use of force and threat of force, indicates the loss of its authority and influence. Russia's armed aggression has created a crisis in the United Nations, or rather a crisis of its effectiveness, which gives every reason to question the need for an international organization that cannot ensure the main purpose of its creation.
Renewal of WTO law and ensuring the right to international order: modern discourse
Authors: Kupchenia L.I.
Published: August 2022

The article analyzes the essence of the international order and lists the participants in international relations that guarantee it. The system of law of the WTO, the history of its formation and current state are separately described, the necessity of its updating is substantiated and it is offered to carry out codification of norms of law of the WTO. For this purpose the actual legal basis of activity of the WTO is investigated, the basic normative documents are resulted. It seems that some ways of solving problems of the international order by diplomatic means and by providing consultations used by the WTO were justified in the context of the global economic crisis, COVID-19 and military aggression as temporary, but should give way to rule-making and judicial mechanisms of ordering the social processes in general and international trade in particular. As the maintenance of the international order depends only in part on such a separate subject of international law as the WTO, the main goals of sustainable development are also listed, the realization of which guarantees stability in the world, which should be the basis of modern international order. It is clear that the goals of sustainable development will be realized, thus bring stability to the international order, restore harmony in nature, balance in social relations will be specific individuals and communities, so understanding the essence of current global social processes is extremely important, and this indicates the relevance of the study.

            In general, this work is based on the assertion of the importance enshrined in Art. 28 of the Universal Declaration of Human Rights of December 10, 1948, the right of everyone to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.
Hypermodern and somatic human rights
Authors: Vovk V.
Published: August 2022

The article is devoted to one of the highest topical issues of our time – the nature of somatic human rights and the reasons for their occurrence. Using historical and philosophical methodology, as well as a critical analysis of modern cultural, anthropological and social theories, contextualism and a sociocultural approach, the author identified the problematic field of research – the formation of somatic human rights as a result of deep cultural processes that are characteristic of the second half of the 20th – early 21st century. The article’s author insists on the thesis that the role of the state in securing human rights is secondary in comparison with the cultural processes taking place in society (with the aid of law, the state may formalize and legally fix only that issues, which have become the property of public consciousness and practice). The emergence and specificity of somatic human rights are considered in the article within hypermodern as the current state of society’s development. Taking the latest cultural and anthropological studies of Western scientists as a basis, the author proves that the body today is endowed with an exceptional status and special significance in contrast to previous eras, which were characterized by the consolidation of this status for an Individual, a Human. Our time, which can be denoted by the terms "hypermodern", "cyborg code", etc., is the context within which the final emancipation of a person from centuries-old religious and ideological burdens in terms of the human right to his own body took place. The author emphasizes that modern somatic rights are an open system, since they have a variable nature, which is greatly enhanced by the achievements of the fourth industrial revolution, including in terms of nano- and information technologies. It has been proved that somatic human rights as one of the types of “new” human rights are associated with the human-centered paradigm in jurisprudence. The legal consolidation of somatic rights as the right to dispose of one's body ("self-ownership") made possible the processes of improvement, modification and reconstruction of the human body.
HUBUNGAN AKTIVITAS BELAJAR DENGAN PRESTASI SISWA SMKN 1 PASAMAN, KABUPATEN PASAMAN BARAT
Authors: Nelisma Yulia , Sasnita Aydha fifi , Irman Irman , Silvianetri Silvianetri , Susanti Hariah
Published: August 2022

Penelitian ini bertujuan untuk mendeskripsikan aktivitas belajar dengan prestasi siswa aktivitas tersebut diatas peneliti berpendapat bahwa dalam belajar sangat dituntut keaktifan siswa, siswa yang lebih banyak melakukan kegiatan sedangkan guru lebih banyak membimbing dan mengarahkan siswa. Penelitian ini merupakan jenis eksplorasi subjektif, khususnya pendekatan eksplorasi yang dikoordinasikan untuk memahami keanehan yang dilihat oleh analis di lokasi eksplorasi, untuk  memperoleh data yang diperlukan dalam penelitian ini penulis menggunakan dua sumber data yaitu  data primer dan data sekunder, dari hipotesis di atas, sangat terlihat bahwa subjek eksplorasi adalah individu atau elemen yang diingat untuk ditinjau untuk memperoleh informasi yang diperlukan oleh ilmuwan. Subjek dalam ulasan ini adalah instruktur pengarah, dan siswa
Harga Diri dan Perilaku Agresif serta Hubungannya dengan Kemarahan pada Remaja
Authors: Mayangsari Agnes Mariana
Published: August 2022

This study aims to determine the significance of the relationship between self-esteem and anger in adolescents at the Woro Wiloso Orphanage, Salatiga, and the significance of the relationship between aggressive behavior and anger in adolescents at the Woro Wiloso Orphanage, Salatiga. Anger is the cause of the emergence of aggressive behavior in a human being. Therefore, aggressive behavior and anger are two things that are related to each other. This will be exacerbated if a person's self-esteem is disturbed. Referring to the results of data analysis, obtained a significant relationship between self-esteem and anger of 0.000 0.05 with a negative correlation coefficient of -0.568. Furthermore, it is also known that the significance of the relationship between aggressive behavior and anger is 0.000 0.05 with a correlation coefficient of 0.797. So the conclusion, there is significant relationship between self-esteem and anger, and there is significant relationship between aggressive behavior and anger.
PENERAPAN KONSELING KELOMPOK ANALISIS TRANSAKSIONAL DALAM DUNIA PENDIDIKAN
Authors: Pratiwi Awalya Siska
Published: August 2022

The purpose of this paper is to describe the application of transactional analysis group counseling in the world of education. Literature review is the method used in this writing. The implementation of Transactional Analysis counseling has been implemented in schools from the elementary school to the tertiary level. In implementing the Transactional Analysis approach, it can be used for individual counseling, but it is more appropriate if it is carried out in group counseling. The basic concepts of Transactional Analysis include Injunction, Stroke, Life Script, Ego State, Life Position, Games and Redecesions. In Transactional Analysis counseling, individuals are said to be healthy and win when they are in the position of I'm OK, you're OK. There are 3 stages of transactional analysis in group counseling, namely the first is the initial stage, the second is the work stage, and the third is the final stage.