bluuebunny/crossref_metadata_2025 huggingface dataset:
Reconceptualization of the Family Concept in Colombia: New socio-legal positions
Authors: Hernández-Peña Yurley Karime , López-Vargas Samuel Leonardo , Maldonado-Estévez Erika Alejandra
Published: February 2024

El actual documento cumple el fin de analizar el concepto de familia en Colombia a partir de las nuevas posturas sociales y jurídicas en materia de orientación sexual, diversidad y adopción, considerando como enfoque metodológico el uso de un paradigma dialógico, desde un enfoque cualitativo y un método hermenéutico, que permiten recoger el discurso teórico y jurisprudencial de diversos autores en matrices de análisis documental, información que a través de la técnica del análisis del discurso permite reconceptualizar el derecho. formar una familia desde una posición sociojurídica, dando como resultado que a través de la historia colombiana, por un gran periodo de tiempo se acogió el concepto de familia desde una visión religiosa, basada en la unión heterosexual del hombre y la mujer, postura que deslegitimó por muchas décadas a otros tipos de familias diferentes a la heteroperental; sin embargo, Colombia ha comprendido en las últimas décadas que más allá de los roles tradicionales de reproducción, protección de la vida y valores eclesiásticos, el concepto de familia debe estar sujeto a cambios continuos en la dinámica social, lo que conlleva a concluir que Colombia es un país pluralista y diverso, que comprende que el derecho debe responder a los nuevos retos en materia de familia, entendiendo que la monoparentalidad y la homoparentalidad, no deteriora esta institución sino que la transforma.
Factores subyacentes en las actitudes de los estudiantes hacia las matemáticas: un análisis factorial y sus implicaciones educativas
Authors: Hernández Suárez César Augusto , Rincón Álvarez Gerson Adriano , Fernández Cézar Raquel
Published: February 2024

Attitudes towards mathematics influence student performance and subsequent choices in scientific studies, necessitating their in-depth understanding. These attitudes can be influenced by various factors and are not limited solely to the understanding of mathematical concepts; they are also shaped by internal and external factors. Therefore, this study aims to analyse students' attitudes in relation to mathematics, as well as the existence of possible underlying factors of these attitudes. An exploratory investigation has been conducted using a sample of students from basic and secondary education institutions, which range from the fourth to the eleventh grade, in municipalities of the metropolitan area of Cúcuta, Colombia. An instrument consisting of 14 items was administered in printed format. With the participants' responses, an exploratory and confirmatory factorial analysis was performed with a good fit to a two-factor model. The first factor is linked to elements such as commitment and the perception of the teacher's role in mathematics learning. The second factor is associated with elements such as self-perception and perception of the mathematical context. These results are consistent with previous research, highlighting the multifaceted nature of attitudes towards this discipline. The analysis emphasizes that a positive relationship with the teacher and favourable self-perception are essential elements to promote positive attitudes. These aspects could be considered when designing future pedagogical interventions. The study provides a multidimensional perspective on attitudes towards mathematics, laying the groundwork for future research. It is essential to explore how these identified factors can influence and optimize students' educational experience in mathematics
Legal dangers of using ChatGPT as a co-author according to academic research regulations
Authors: Kandeel Moustafa Elmetwaly , Eldakak Ahmed
Published: February 2024

This article sheds light on the modern trend of many researchers towards relying on chat generative pre-trained transformer (ChatGPT) in the field of academic research, either as a co-author or as a reference (Teixeira da Silva, 2023). The chosen methodology by the authors is analyzing the ChatGPT’s operating parameters as evidenced by its answers to questions addressed to it by the authors. The authors asked ChatGPT about its mechanism, analyzed whether it can be identified as a coauthor in the light of its terms of use, and presented a practical case study to examine whether ChatGPT should be considered a reference in academic writing. Doing so necessitated addressing legal and research concepts including authorship, copyrights, and plagiarism. The article argues that while ChatGPT represents an important technological advancement, it should not be listed as a co-author on any academic writing and should not be cited as a source of information. The article shows how researchers can benefit from this technological advancement without violating copyright law or rules of academic writing, especially plagiarism-related ones.
Denominaciones de la nación en el discurso político chileno (1818-1989)
Authors: González de Requena Juan Antonio
Published: February 2024

This study aims to describe the transformations of lexicons of collective identification in Chile through different expressions of political discourse: constitutional texts, presidential speeches and partisan declarations. A content analysis of 58 documents from Chilean political history was carried out. The results show significant differences in the use of the state lexicon, the republican lexicon, the patriotic lexicon, the national lexicon and the popular lexicon, among others, depending on both the sociohistorical context and the genre of political discourse. It can be concluded that in the Chilean political discourse there are complex articulations of the different vocabularies of political identification, more than an exclusively nationalist identification; in this sense, the ideological recourse to the national lexicon only increased with the crisis of the liberal parliamentary State, in which a normative understanding around the republican lexicon was more frequent.
Predictability of the 2020 Antarctic strong vortex event and the role of ozone forcing
Authors: Lim Eun-Pa , Zhou Linjing , Young Griffith A , Santra Abhik , Rudeva Irina , Hope Pandora , Wheeler Matthew Comstock , Arblaster Julie M. , Hendon Harry H. , Manney Gloria L , Son Seok-Woo , Oh Jiyoung
Published: February 2024

In the austral spring seasons of 2020-2022, the Antarctic stratosphere
experienced three consecutive strong vortex events. In particular, the
Antarctic vortex of October-December 2020 was the strongest on record in
the satellite era for that season at 60°S in the mid- to lower
stratosphere. However, it was poorly predicted by the Australian Bureau
of Meteorology’s operational seasonal climate forecast system of that
time, ACCESS-S1, even at a short lead time of a month. Using the current
operational forecast system, ACCESS-S2, we have, therefore, tried to
find a primary cause of the limited predictability of this event and
conducted forecast sensitivity experiments to climatological versus
observation-based ozone to understand the potential role of the ozone
forcing in the strong vortex event and associated anomalies of the
Southern Annular Mode (SAM) and south-eastern Australian rainfall. Here,
we show that the 2020 strong vortex event did not follow the canonical
dynamical evolution seen in previous strong vortex events in spring,
whereas the ACCESS-S2 control forecasts with the climatological ozone
did, which likely accounts for the inaccurate forecasts of ACCESS-S1/S2
at 1-month lead time. Forcing ACCESS-S2 with observed ozone
significantly improved the skill in predicting the strong vortex in
October-December 2020 and the subsequent positive SAM and related
rainfall increase over south-eastern Australia in the summer of December
2020 to February 2021. These results highlight an important role of
ozone variations in seasonal climate forecasting as a source of
long-lead predictability, and therefore, a need for improved ozone
forcing in future ACCESS-S development.
A critical qualitative content analysis of media representations of underrepresented groups in the context of health identity
Authors: Jannat Khadiza Tul
Published: February 2024

Information accuracy is imperative for the media representation regardless of what information or context is. A variety of health-related information is conveyed to viewers through television news and entertainment programs, which include but not restrict to the information about healthcare structure and health professionals, knowledge regarding general health issues, specific illnesses, or topics, and health-promoting behaviors. It is crucial to examine what messages viewers perceive through television programs given the impact on their perceptions, expectations, and actions in reality. Apart from the portrayal of health information, the framing of characters within a context can significantly contribute to the understanding of how exposure to media influences viewers’ lives. By conducting a critical content analysis, this qualitative study has explored media portrayals of individuals from underrepresented groups within the context of health in a fictional medical television drama. The findings provide a critical understanding of media exposure on how viewers perceive the social positioning of underrepresented groups in the context of health identity. Portrayals of underrepresented groups are understood through the discourses of condescension, cultural appropriation, stereotyping, and negativity.
Chemical composition of moringa oleifera and cruciferous plants and their anti-inflammatory properties
Authors: Wolff Khea , Moroianu Sarah , Cho Erica
Published: February 2024

Moringa oleifera Lam. is a tropical tree that has been traditionally used for
food, medicine and industrial purposes. All parts of the tree have been
utilized and have biological activities, including anti-inflammatory,
antibacterial, antioxidant, antidiabetic, wound healing, cardiovascular,
anti-asthmatic, hepatoprotective, protection of the central nervous system
and more. The leaves and seeds of moringa are particularly rich in
phyto?chemicals, including glucosinolates and isothiocyanates (ITCs).
Glucosinolates are inactive precursors that are hydrolyzed into bioactive
ITCs. Isothiocyanates, such as 4-(?-L-rhamnopyranosyloxy) benzyl
isothiocyanate (moringa isothiocyanate 1, or MIC-1), are known for their
diverse biological activities, including anti-inflammatory, antioxidant and
antican?cer properties. The unique sugar moiety in moringa?s ITCs
contributes to its stability and distinct properties compared to other
cruciferous vegetables. In vitro models, such as the TIM-1 model and in vivo
murine models demonstrate MIC-1?s bioaccessibility and bioavail?ability,
with no statistical difference in state. Inflammation, as a defense
mechanism, is implicated in a wide range of diseases such as diabetes,
cancer, obesity, cardiovascular disease, arthritis and multiple sclerosis.
In vivo models were used to evaluate the efficacy of MIC-1 against acute
skin inflammation, which inhibited the inflammatory pathway. Ad?ditional
studies into Moringa oleifera seed extract effects on acute inflammation can
con?tribute to future development of therapies managing chronic inflammatory
conditions.
Soil - to - leaf relationship in micro and macroelements content on the vineyard microlocation
Authors: Ninkov Jordana , Bozovic Predrag , Milic Stanko , Kuljancic Ivan , Jaksic Snezana , Ivanisevic Dragoslav , Vukov Ivana
Published: February 2024

The conducted research aims to ascertain the variations in macro and
microelement content within the soil-to-leaf relationship in small
vineyards. The vineyard block (1.2 ha), located in Sremski Karlovci, Serbia,
planted with Grasac (Riesling Italico), was divided into 20 subplots. Each
subplot served as an individual location for soil and leaf sampling. Soil
samples were collected at three depths, while leaf sampling occurred at two
phenophase (end of flowering and at ripening), with separation into petiole
and blade parts. Vari?ability of soil physico-chemical characteristics
between subplots was determinate, with the greatest variability in the 30-60
cm soil layer. The soil generally displayed low levels of organic matter
and available P, K, Zn and B. Erosion processes were indicated by the
spatial distribution of physico-chemical parameters. Differences in nutrient
contents were noted among leaf parts and phenophases, aligning with existing
literature. Comparing leaf nutrient status to optimal values from
literature, N and P content was found at lower limits, confirming K and B
deficiencies. Identically, fertilization recommendations can be inferred
from soil and foliar analyses, primarily for N, K and B. Additionally, based
on soil analysis, a slight increase in P and Zn application is advisable.
Established correlations among all observed variables revealed connections
between soil parameters, across all depths, and nutrients in the leaf blade
at the end of flowering. It is notable to say that nutrient content in soil,
particularly N, K, Mn and Zn, exhibited statistically significant positive
correlations with its content in the leaf blade, respectively. Further
research is necessary to lay the foundation for the development of ac?curate
and reliable criteria for diagnosing nutrition, not only for the whole
species but also among grapevine leading varieties. Given the significant
variations in nutrient requirements and accumulation among these genotypes,
this research will be instrumental in ensuring op?timal nutrient supply
while minimizing deficiencies or excesses.
The impact of global warming on modern oenological practice
Authors: Petrovic Aleksandar
Published: February 2024

A number of publications deal with the influence of global warming on the
chemical composition and sensory properties of grapes and wines.
High-temperature values shorten the time needed for grape harvesting. All
parts of the berries cannot reach full ripeness and the sugar concentration
in the grapes increases. The acidity of the grapes often decreases, which is
accompanied by an undesirable increase in pH. All this leads to harvesting
the grapes before the berries have reached their full technological
maturity, which refers mainly to the skin and the seeds. The insufficient
ripeness of the grapes affects the chemical composition and the quality of
the wine. The wine does not have the required color intensity. With a long
maceration, there is a risk of increased extraction of bitter tannins. In
this situation, oenologists must apply the technological procedure used in
conditions of in?completely ripened grapes, or wait for the grapes to fully
ripen and then apply technological procedures to reduce alcohol content and
pH. Thus, the variability of the climate from year to year affects the
quality of the grapes and consequently the quality of the wine.
TRIB2-Mediated Modulation of AMPK Promotes Hepatic Insulin Resistance
Authors: Wang Dan , Kang Xiaonan , Zhang Lu , Guo Yaoyao , Zhang Ziyin , Ren Huihui , Yuan Gang
Published: February 2024

Insulin resistance and its linked health complications are increasing in prevalence. Recent work has caused the role of Tribbles2 (TRIB2) in metabolism and cellular signaling to be increasingly appreciated, but its role in the progression of insulin resistance has not been elucidated. Here, we explore the functions of TRIB2 in modulating insulin resistance and the mechanism involved in insulin-resistant mice and palmitic acid–treated HepG2 cells. We demonstrate that whole-body knockout and hepatic-specific TRIB2 deficiency protect against diet-induced insulin resistance, inflammation, and endoplasmic reticulum stress. Accordingly, upregulation of TRIB2 in the liver aggravates these metabolic disturbances in high-fat diet–induced mice and ob/ob mice. Mechanistically, TRIB2 directly binds to the αγ-SBS domain of PRKAB through its pseudokinase domain, subsequently inhibiting the formation and activity of the AMPK complex. Moreover, the results of intervention against AMPK suggest that the effects of TRIB2 depend on AMPK. Our findings reveal that TRIB2 is a novel target for the treatment of insulin resistance and its associated metabolic complications and clarify the function of TRIB2 as a regulatory component of AMPK activity.

Article Highlights
A política externa da Arábia Saudita, 2015-2022: a era do pós-petróleo que tarda em chegar
Authors: Silva Gonçalves Mathilde
Published: February 2024

Este artigo visa contribuir para a compreensão da política externa da Arábia Saudita, no período entre 2015 e 2022, um tema ainda pouco estudado na literatura científica em língua portuguesa. Nesse sentido, foram explorados os três níveis de análise que afetam e são afetados pela política externa da Arábia Saudita: os níveis interno, regional e global. Após 2015, através da «Doutrina Salman», o país entrou numa nova era da sua política externa marcada pelo objetivo da continuidade. A Arábia Saudita adaptou-se para sobreviver, para garantir a continuidade do Estado e da dinastia Al-Saud.
O mar: identidade geopolítica portuguesa e profundidade estratégica nas relações internacionais
Authors: Miguel Machado Virgílio
Published: February 2024

Portugal, na sua história, teve uma relação especial com o mar enquanto expressão de uma unidade e identidade geopolíticas. Neste artigo exploram-se variáveis dessa identidade e relações internacionais construídas com a Europa medieval de meados do século xii a finais do século xiv e que permitem estabelecer comparações com a atualidade, projetando o desenvolvimento de relações internacionais modernas, segundo princípios de sustentabilidade considerados como de profundidade estratégica.
Impact of Abiotic Factors on Occurrence of Capsule Borer and Sucking Pests in Sesamum
Authors: Divya P. , Dhurua S. , Chalam M. S. V. , Rao S. Govinda , Chaitanya Gummadidala
Published: February 2024

A field experiment was conducted at Agricultural college, Naira, Srikakulam, Andhra Pradesh, India during early summer (January–April) of 2021 to know about the incidence of leaf webber and sucking pests viz., leafhopper (Hishimonus phycitis Distant) and whitefly (Bemisia tabaci Gennadius) its relation with main weather factors. Results revealed that a peak incidence of mean capsule borer population per plant were recorded in 9th and 11th standard weeks, respectively. The correlation study revealed that the Antigastra larvae had significantly positive correlation with maximum temperature (r=0.48) and significantly negative correlation with relative humidity (r=- 0.71). The regression analysis revealed that these factors accounted for approximately 59.8% of the variation in the capsule borer population (R2=0.598). The incidence of leafhopper (Hishimonus phycitis Distant) and whitefly (Bemisia tabaci Gennadius) were started during 5th and 4th SMW attained their peaks during 11th an 12th SMW respectively. The correlation study revealed that the leafhopper showed significant positive correlation with maximum temperature (r=0.623) and minimum temperature (r=0.283) and significantly negatively correlated with morning and evening relative humidity (r=-0.165, r=-0.122) respectively. While the correlation study between whitefly population and weather parameters revealed that the it showed positive correlation with maximum (r=0.821) and minimum (r=0.120) temperature and negatively correlated with morning and evening relative humidity (r=-0.097, r=-0.182) respectively whereas, rainfall showed non-significant correlation (r=0.00) with the both sucking pests.
O ensino de língua espanhola em contextos fronteiriços
Authors: Dias Jamile da Costa , Oliveira Grassinete C. de Albuquerque
Published: February 2024

O presente estudo apresenta um panorama acerca do ensino de língua espanhola na cidade de Mâncio Lima – Acre. Nesse sentido, o objetivo deste artigo é investigar, a partir do campo da Linguística Aplicada, sobre o ensino de língua espanhola em contextos fronteiriços diante dos contratempos impostos pela Reforma do Ensino Médio (Lei 13.415/2017), na qual estabelece a não obrigatoriedade do seu ensino nas escolas em todo território brasileiro. Desse modo, é investigada as percepções de três professores de língua espanhola, atuantes em 4 escolas estaduais de Ensino Médio em Mâncio Lima, que faz divisa com o Peru. A metodologia adotada foi a da pesquisa qualitativa com o levantamento de dados através da utilização de questionário on-line (Google Forms),  para entender a partir da ótica dos professores de língua espanhola da rede básica desse município, os contratempos e a implicância da fronteira trinacional (Acre – Peru – Bolívia) para o ensino obrigatório do espanhol nas escolas do estado acreano. Os resultados apontam que a língua espanhola continua sendo ofertada em caráter obrigatório na cidade de Mâncio Lima, por estar situada em faixa fronteiriça com o Peru e por ser uma língua historicamente relevante para o povo acreano.
Molecular Confirmation of the Causative Agents of Diarrhea and Its Antimicrobial Susceptibility Tests
Authors: Enkhbayar Enerel , Baatar Narangerel , Amgalanbaatar Avarzed , Ravjir Oyungerel
Published: February 2024

Objectives: This study aimed to investigate molecular confirmation of the causative agents of diarrhea and its antimicrobial susceptibility tests in the samples collected from patients who have symptoms of diarrhea. There is a relative lack of diagnostic studies on the causative agents of diarrhea in Mongolia, especially on the causative agents of bacterial diarrhea and their antibiotic susceptibility. Methods: A rectal swab and stool sample were taken from 187 patients admitted to the NCCD Mongolia with a diagnosis of diarrhea and infection between June 2018 and April 2020 using a hospital-based instantaneous survey model, and bacteriology, molecular biology, and antibiotic susceptibility testing were performed at the laboratory of Bacteriology and Immunology, Institute of Veterinary Medicine. Results: Of the 187 samples, N=127 (67.9%), p<0.01) were confirmed by simple and multiplex PCR, and Salmonella spp., Shigella spp., E.Coli, and S.aureus were detected in n=20 (15.7%), n=16 (12.6%), n=20 (15.7%), and n=7 samples (5.5%), respectively. Multiplex PCR 3 samples did not detect the 16s rRNA gene of Campylobacteraceae and C.jejuni or cdt C gene of C.coli, all of which were negative. Therefore, multiplex PCR was performed for foursamples to detect pathogenic bacteria, and samples were E. coli positive but not campylobacter, salmonella, and shigella. Conclusion: 126 (67.4%) children aged 1-5 years were the most affected by foodborne infection, and most of the diarrhea causative agents detected were Salmonella spp, Shigella spp, E.Coli, and S.aureus.
The functions of a Municipal Law as a branch of law: debatable issues of theory
Authors: Batanov O. V.
Published: February 2024

In article problems of the theory of functions of a modern Municipal Law are considered. The basic essential and meaningful, objective and subjective, internal and external aspects of modern Municipal Law. It is noted that among the basic tasks that are currently faced domestic science Municipal Law, is the formation of a coherent and comprehensive knowledge of the system of municipal law of Ukraine, its legal aspects and patterns of development and operation of its norms and institutions. A holistic conception of the Municipal Law of Ukraine in the unity of its static and functional, material and procedural elements are important theoretical and methodological basis for the development and improvement of the system of national municipalism, current municipal legislation and municipal law-making and law enforcement activities.

However, if the theory of problematic issues of Municipal Law as in law, its genesis, sources, norms and institutions are reflected in the works of ukrainian researchers, the problem functions of this area of law remains almost unexplored. Understanding the nature and content of the functions of Municipal Law makes it possible to understand the importance of this area of law to regulate social relations and answer questions about the role of Municipal Law in society and the state.

Characteristic signs of functions of a Municipal Law are analyzed. The functions of municipal law should be considered exclusively in the focus of the subject and method(s) of municipal law. Therefore, they are inextricably linked with the functions of municipal power and the functions of municipal human rights.

Based on the above and other characteristics, the functions of municipal law as a branch of law should be defined as the main directions and types of influence of municipal law on social relations that arise in the process of recognition, formation, organization and exercise of municipal power, as well as the implementation and protection of municipal rights a human’s.
Striking a balance: the interplay of CJEU rulings and international human rights obligation with national constitutional identities
Authors: Deshko L. M. , Boiko V. S.
Published: February 2024

The article examines approaches to the interaction of decisions of the Court of the European Union (CJEU) and international obligations in the field of human rights with the constitutional identity of states. Attention is focused on the concepts of “national identity” and “constitutional identity”, their relationship, and the introduction of the concept of “national identity” into the European legal order after the signing of the Maastricht Treaty (1993). Attention is drawn to the fact that the primary law of the EU does not contain the concept of “constitutional identity”, but this term is widely used in the decisions of the constitutional courts of several EU member states. In these decisions, the constitutional courts raised the issue of the protection of the constitution and constitutionality in the EU member state given the harmonization of legislation and/ or ultra vires decisions.

The article notes that the concept of constitutional identity is broad, it covers the historical, political, cultural, and legal identity of the state, as well as the connection of national law with the international and autonomous legal order of the EU. The idea of constitutional identity is dynamic and constantly evolving due to the continuous development of the states themselves.

The analysis of various approaches to this interaction based on the German Federal Constitutional Court, Hungarian Constitutional Court, and Italian Constitutional Court was carried out. It is noted that the interaction of CJEU rulings with constitutional identities is based on the principle of primacy of the EU law, and international human rights obligations are based on the conventional feature of the “obligation of uniform interpretation” and universal standards while ignoring the constitutional tradition of the states. It means that CJEU judgments have a higher legal force than national court judgments, while international human rights obligations should become precedents for subsequent national court judgments, not lowering the national standards of human rights protection.
Applied issues for the opening of proceedings in family cases in a civil proceeding
Authors: Vatras V.
Published: February 2024

In the scientific article, the author conducted a scientific study of doctrinal and normative sources devoted to applied issues of opening proceedings in family cases in a civil process. In family law, a wide list of family rights and interests that are protected in court is distinguished. Considering the circumstances caused by the full-scale military invasion of the Russian Federation, which lead to significant violations of family rights and interests of spouses, parents, children, other participants in family relations, the issue of ensuring the proper protection of their rights (including the development of proper procedural mechanisms for the protection of family rights and interests remains relevant and timely. Research available in the legal doctrine only partially touched on the issue of features of opening proceedings in family cases in civil proceedings. Based on the conducted research, the author came to the conclusion that the features of opening proceedings in family cases are: a) the limited right of the plaintiff to file a motion to consider the case according to the rules of simplified legal proceedings and similarly – the limitation of judicial discretion in this area. Only in cases of division of the property of the spouses is it possible for the plaintiff to submit a petition for consideration of the case according to the rules of simplified legal proceedings, as well as the right of the court to resolve the issue - whether to consider this case according to the rules of general legal proceedings or simplified legal proceedings; b) peculiarities in the jurisdiction of family cases – with regard to a significant number of cases, jurisdiction is provided at the choice of the plaintiff, as well as the filing of a lawsuit for dissolution of marriage by a representative of a participant in family relations; c) particularities in the jurisdiction of family cases – for a significant number of cases, jurisdiction at the choice of the plaintiff is assumed; d) limited application of such a basis for the return of a statement of claim as the submission of a statement by a person who does not have procedural legal capacity. The court has the right to apply the submission of a statement by a person who does not have procedural legal capacity as a basis for returning a statement of claim only in the case of filing a corresponding claim, statement in the case of a separate proceeding, statement on the issuance of a court order by a person who has not reached the age of fourteen.
A Settlement Agreement in Civil Process as Ensuring of the Principle of Dispositiveness
Authors: Hrynko S. D. , Romas M. I.
Published: February 2024

The article is devoted to the analysis of the settlement agreement as a guarantee of the principle of dispositiveness in the civil process. However, substantive law is the basis for any procedural legal relations. Thus, the civil procedural principle of dispositiveness is an analogue of the principle of freedom in civil law. The principle of dispositiveness in the civil procedural sense means the possibility for the parties of the case to dispose their rights regarding the subject of the dispute at their own discretion. Dispositivity in the civil law sense is the freedom to perform procedural actions freely, without coercion. Dispositiveness in civil proceedings means that the parties to civil proceeding have the right to waive their claims against each other at any stage of the trial by waiving or admitting the claim, or by entering into a settlement agreement. The conclusion of a settlement agreement by the parties at any stage of the court proceedings is an ensuring of the principle of dispositiveness - the freedom to freely dispose of one’s procedural and material rights.

Researched that settlement agreement is a reconciliation mechanism and the result of an agreement between the parties. The purpose of concluding a settlement agreement is to settle the dispute on the basis of mutual concessions and should concern only the rights and obligations of the parties. Also, the parties can go beyond the scope of the dispute, provided that the settlement agreement does not violate the rights or legally protected interests of third parties. The settlement agreement is a mixed contract, as it is regulated simultaneously by two branches of law - civil and civil procedural. In this regard, the norms relating to bilateral deed, civil obligation and civil agreement may be applied to the settlement agreement. The common features between these concepts in relation to the settlement agreement are that the settlement agreement is a bilateral agreement with a specific subject, parties, rights and obligations, and form. The settlement agreement is also considered concluded from the moment the parties have reached all essential conditions, which characterizes it as a consensual civil law agreement. The essential conditions of a settlement agreement as a civil law agreement are the condition about the subject and terms. All of the above means that due to its legal nature, the settlement agreement has both procedural and substantive legal features.
Сurrent discussionsons the jurisdiction of disputes with a religious component in the practice of the Supreme Court
Authors: Pogribnyi S. O. , Shumylo M. M.
Published: February 2024

The dynamics of social relations in the religious sphere today is of epoch-making importance, which in turn leads to the involvement of the state in church affairs. Due to conflicts and gaps, obsolescence and imperfection of national legislation, there are attempts to replace the norms of canon law with the norms of positive law, as well as attempts to resolve canonical disputes through the mediation of the latter. That is why the Supreme Court plays a crucial role in preventing such situations. It is the Supreme Court that currently bears the burden of responsibility for extending the judicial jurisdiction of national courts to disputes with a religious component.

It is also important to formulate the conceptual principles that the Supreme Court implements when determining the jurisdiction of a dispute; this approach should not be based on the example of only one case, but should have universal features and be a guide for national courts.

In this context, it should be noted that such an approach, in particular, may be the differentiation of relations with a religious component on the basis of the primary (basic) and secondary (derivative) relations, as emphasized in the dissenting opinion of the Supreme Court judges. Accordingly, it can be postulated that if relations arise from the religious sphere and then formally acquire other legal features, then in the event of a dispute, the latter is subject to consideration by a church court, not a state court. If relations arise on the basis of positive law (purchase of a land plot for the construction of a temple, lease of a building used as a place of worship, etc.), then such relations cannot be transformed into religious relations only because of this component.

The above naturally raises the question, if we take as a basis the thesis that relations with a religious component should be resolved in national courts only on the grounds that they guarantee a person the right to a fair trial (access to court), what results do we expect? The question of whether a court can move a former nun into a monastery cell is not rhetorical, since the court of first instance did so, but isn’t such a court decision an interference by the state through the court in church affairs? Whether such decisions will not undermine the delicate balance of separation of church and state is a question that we have yet to answer.

Obviously, one of the tasks of the Supreme Court in resolving disputes with a religious component is the progressive secularization of judicial practice.

We must also recognize as a general observation that the normative approach to resolving disputes with a religious component is not very helpful and effective, and may even lead to false conclusions. In this sense, the comprehensive, combinatorial and interdisciplinary approaches, etc., are helpful.
Possession vs right of possession of the land plot: is this differentiation necessary?
Authors: Nikolov D. P.
Published: February 2024

The article is devoted to the issue of protection of property rights on land of the water fund and forestry purpose in the context of their possession.

The author examines the classification of possession into possession as a fact (which includes not only actual (physical) possession, but also a record based on an illegal title) and possession as a right, which can only be legal, “introduced” by the decision of the Grand Chamber of the Supreme Court. The author analyzes the court’s proposed differentiation of “possession” and “rights of possession” of a land plot in the context of the theoretical and practical consequences of such a division.

This analysis is carried out in comparison with doctrinal approaches in the science of land law, in which “book” and “actual” possession of a land plot is distinguished, but no distinction is made between “possession “ and “rights of possession”.

The author draws attention to the inconsistency of such an approach, because such a differentiation only made it more difficult to understand the institutions of vindication and negative action, namely, the Grand Chamber of the Supreme Court, despite the introduction of such a differentiation, did not actually use it in the decision itself.

The author comes to the conclusion that according to current judicial practice, forestry lands should be claimed through vindication, because they can be taken over by recording, and the legislation allows for the possibility of private ownership rights to them, while water fund lands should be claimed through a negative lawsuit, because illegal entry in the register regarding them will not give possession, since it is impossible to acquire ownership of them as such.

The author summarizes that in the future, in cases of vindication vs removal of obstacles, the courts need to investigate the key question of whether the acquirer can have the corresponding plots on private ownership rights in principle. For this, the court can apply both an abstract (hypothetical) possibility of having a plot of land in private ownership, or choose a more “contextual” approach, taking into account the specifics of each individual plot.
The concept of the «International Rule of Law»
Authors: Kolesnychenko N. O. , Krysiuk Yu. P.
Published: February 2024

The article is devoted to the elucidation and exposition of the concept of the «international rule of law», the analysis of approaches to its definition and the formulation of its definition. It is emphasized that the international rule of law is among those concepts that have been consistently «hanging in the air» to some extent since the post-World War II period. It is noted that, unlike in the case of defining the «classic» (domestic) rule of law, there is a lack of consensus within the scientific community regarding the definition of the international rule of law. The trends on which a certain unanimity is forming within the scientific and scholarly community are identified. The limits of the influence of the domestic rule of law theory on the international rule of law theory are revealed.

The approaches to defining the concept of the international rule of law, as well as its «narrow» and «broad» meanings, are analyzed. It is stated that despite inconsistencies in the scientific doctrine, full adherence to the international rule of law is an «ideal,» and this «ideal» is associated with a human being, their rights, and freedoms. It has been proved that the narrow concept in the era of human rights law cannot be fully considered to be the «international rule of law», since human rights are an integral element of the latter. It is stated that contemporary theories of the rule of law and constitutionalism converge on the idea that human dignity, freedom, and human rights form the basis of all other obligations of the state. It is noted that the international analogue of the «rule of law, not individuals» would be the «rule of law, not states», which implies two aspects: it is not only about the impossibility for the hegemonic state to arbitrarily dictate its will to other states, but also the impossibility to dictate it to individuals.

The authors distinguish between the concepts of «international rule of law», «rule of international law», and «rule of law in international relations». The requirements of the international rule of law in the practice of international bodies are highlighted. Based on the analysis of scientific approaches and the practice of international bodies, the authors’ own definition of the «international rule of law» is provided as a civilization-wide conceptual tool that represents a set of values, doctrines, and principles, the main requirement of which is the restrictions arising from the dignity, freedoms, and fundamental rights of every individual, in order to delineate the limits of power of states concerning an individual - both at the level of relations between subjects of international law and at the level of relations between certain subjects of international law and certain individuals.
Grounds of Administrative Liability
Authors: Lototskyi M. M.
Published: February 2024

The article is aimed at forming a doctrinal approach to understanding the grounds of administrative liability. It highlights the role of grounds of administrative liability in ensuring the effective functioning of administrative-offense law, reliable administrative-legal protection of public legal relations, and practical application of administrative penalties. The absence of legislative definition of the grounds of administrative liability is noted, as well as the lack of a coherent approach to their understanding in domestic administrative-legal doctrine.

The necessity of forming a unified concept of grounds of administrative liability is substantiated, based on the achievements of domestic jurisprudence and the objective gaps in jurisdictional practice. The particular importance of taking such a step in the context of reforming administrative-offense legislation and reconsidering traditional categories of administrative-offense law is emphasized.

The most common classifications of grounds of administrative liability in modern legal science are systematized. A comparative analysis of these grounds is conducted, revealing fundamental differences in various scientific views regarding their nature, essence, content, and list.

An authorial concept of grounds of administrative liability is formulated, within which it is proposed to differentiate such grounds: normative grounds – a set of material and procedural norms of administrative-offense law underlying the qualification of an administrative offense, conducting proceedings in the relevant administrative case, imposition and execution of administrative penalties, or other measures of administrative influence on the person guilty of committing an administrative offense, and so on; factual grounds – the commission of a specific administrative offense (misdemeanor) as a fact of objective reality, which determines the emergence of real administrative-offense relations; jurisdictional grounds – the issuance, concerning the person who committed the factual violation, of a decision on imposing administrative penalties or applying other measures of administrative influence.
The conflict issue of the use of firearms by employees of the National Police of Ukraine
Authors: Zelenskiy E. S. , Nemonova L. H.
Published: February 2024

The article discusses some aspects and issues of the use of firearms by employees of the National Police of Ukraine, during the performance of their official duties and powers, in all cases related to shooting. According to the current legislation, the use of firearms is one of the most severe coercive measures, and may be used in exceptional cases, which is specified in the provisions of the Law of Ukraine “On the National Police”. The law ensures, first of all, the personal safety of the police officer. Secondly, the safety of other citizens, which is one of the priority values in the life and activities of the National Police of Ukraine. However, not in all cases the use of weapons by the police in their activities is legal, effective, proportionate and necessary. In order to use a firearm, a police officer must possess not only tactical training and knowledge of the use of firearms, but also psychological stability and preparedness, which has a direct impact on the policemen’s performance of their functional duties. It should be noted that an equally important criterion for the use of firearms is knowledge of the current legislation, according to which a police officer has the right to use a weapon. In our opinion, there are several main problems with the use of firearms: lack of training and accountability, i.e. insufficient training in the proper use of firearms and a lack of rigorous evaluation or inspections can lead to accidental shootings, abuse of force and a general lack of professionalism in the handling of firearms. Political Polarization and Conflict: Since 2014, Ukraine has experienced a period of political instability and conflict, ongoing conflict with Russia, and internal divisions. This further complicates the issue as firearms can be seen as weapons of political power or potential tools for those advocating separatism or other political agendas. Culture and historical context: Ukraine has a long history of firearms ownership and a strong gun culture, meaning that many citizens own guns. This can complicate the situation when it comes to regulating the use of firearms by the police, as there may be resistance or resistance from those who perceive it as a limitation of their rights. Public mistrust: There is a significant level of public mistrust of the police in Ukraine. This lack of trust could be exacerbated if the use of firearms by police is not properly regulated and monitored, potentially leading to further deterioration of community-police relations.
Ways to improve administrative and legal ensuring the activities of law enforcement agencies of Ukraine
Authors: Svitlychnyy O. P. , Holodnyk Yu. A.
Published: February 2024

It is emphasized that domestic law enforcement agencies occupy a central place in the implementation of law enforcement activities. With the aim of researching the legal perspective ways of improving the administrative and legal support of the activities of law enforcement agencies, the author carried out an analysis of law enforcement activities, including the violation by law enforcement agencies and their officials of the rights and freedoms of people and citizens, the norms of current domestic and international legislation, as well as various circles scientists who in their writings explored the prospects for improving the activities of law enforcement agencies of Ukraine. It is emphasized that as a result of the military aggression of the Russian Federation against Ukraine, the introduction of the martial law regime and the associated socio-economic crisis, the unequal approach to the regulatory and legal regulation of the status and the organizational and legal support of the activities of law enforcement agencies, along with other factors, have a negative impact on protection of the rights and freedoms of citizens, the fight against crime and the security of the state, which in turn puts forward demands for ways to improve the activity of law enforcement agencies of Ukraine under the introduction of the martial law regime. Attention is drawn to the fact that many domestic jurists have researched the problematic issues of law enforcement agencies. The works of individual legal scientists who studied the activities of domestic and foreign law enforcement agencies and who proposed various ways to improve the activities of domestic law enforcement agencies are briefly presented. Based on the analysis of scientific works, it was established that the majority of scientists are concerned about the current state of law enforcement agencies and point to the need to build a model of a law enforcement agency system that would be able to ensure the rights and freedoms of people and citizens guaranteed by the Constitution and laws of Ukraine. It was concluded that the considered issues lead to the formation of an effective legal mechanism for improving the administrative and legal support of the activities of law enforcement agencies of Ukraine, and specific proposals for improving their activities are offered.