bluuebunny/crossref_metadata_2025 huggingface dataset:
CLINICAL CASE OF CONGENITAL HYPERINSULINISM
Authors: Aryayev M. , Voloshchuk T. , Kuzmenko I. , Vyhodchenko L. , Usenko D.
Published: February 2023

Introduction. Congenital hyperinsulinism (HI) is a hereditary disease characterized by inadequate insulin hypersecretion by pancreatic beta-cells and leading to hypoglycemia. The prevalence of HI in European countries is on average 1:30,000 - 1:50,000 live births. Despite its low prevalence, HI is one of the main causes of persistent hypoglycemia in children of the first year of life.The aim of the study is to demonstrate the current clinical experience of observation and treatment of a child with HI in the conditions of limited experience of work with similar rare pathologies in children.Material and methods of research. The study is based on the analysis of examination and treatment of a child diagnosed with HI. The set of diagnostic measures included: clinical and laboratory studies, ultrasound, magnetic resonance imaging, molecular genetic studies.Results of the research. Seeing the presence of elevated insulin levels (blood insulin more than 2.0 μIU / ml) on the background of hypoglycemia (blood glucose less than 3.0 mmol / l), the child was diagnosed with congenital hyperinsulinism.Considering the possible etiological and pathogenic factors of HI in children, hereditary metabolic diseases (deficiency of fatty acid dehydrogenase, maple leaf disease, etc.), adrenal insufficiency, thyroid disease, panhypopituitarism were excluded.Conservative glucose treatment in a child with HI did not show the desired results. Additional examination included a molecular genetic study of genes and a heterozygous mutation of the ABCC8 gene was detected, which indicates a focal form of HI.The only effective method of treatment of this pathology is partial resection of the pancreas with removal of the pathological locus. The child was operated at the Danish Children's Clinic, where enucleation of the lesion in the pancreas was performed, which was detected by position-emission (PET) and computed tomography (CT).Conclusions. 1. In case of detection of hypoglycemia in a child, timely diagnosis of the disease is necessary, which reduces the risk of neurological complications of HI. 2. Conservative treatment of focal forms of HI in children does not give significant results and is not appropriate. 3. Partial pancreatectomy is a pathogenic method of treatment of focal form of HI.
Carbonic anhydrase inhibitors for the treatment of glaucoma
Authors: Strakhov VV , Korsakov MK , Fedorov VN , Vdovichenko VP , Shetnev AA , Popova AA , Volkhin NN
Published: February 2023

Glaucoma is the leading cause of irreversible blindness. Its leading symptom and the most important initial link of the disease pathogenesis is represented by an increase of intraocular pressure (IOP). Decrease of IOP is a basic notion in the therapy of glaucoma. Drug-induced therapy is currently the most widely spread initial intervention to decrease IOP. Prostaglandin analogues are referred to the basic group of pharmacotherapeutic agents, because they are the most effective and well tolerated. Beta-blocking agents are selected as an alternative. Other medicinal products to treat glaucoma include inhibitors of carbonic anhydrase for systemic (acetazolamide and methazolamide) and local (dorzolamide and brinzolamide) use. Systemic inhibitors of carbonic anhydrase are, on the one hand, more active than non-systemic medicinal preparations, and, on the other hand, have numerous side effects which are not safe for humans. Thus, medicinal preparations for local use are most frequently applied in the therapy of glaucoma. If necessary, they are combined with beta-blocking agents or alpha-adrenergic agonists.
Experience of legal regulation of copyright in the European Union: search for ways to harmonize the legislation of Ukraine.
Authors: Zmykalo O.I.
Published: February 2023

This article reveals the peculiarity of the legal regulation of copyright as a component of intellectual property in the legal system of the European Union, primarily through the prism of the study of the stages of its formation and development.

Within the framework of this article, the stages of formation and development of the copyright institution from the time of the founding of the European Economic Community to the present time were investigated. Important attention is paid to the study of copyright regulation in the provisions of the founding treaties of the European Union, in particular in the Treaty establishing the European Economic Community, the Treaty on the European Union (Maastricht Treaty), the Treaty of Amsterdam, the Treaty of Nice, the Treaty of Lisbon and the sources of "secondary law" of the European Union, in particular, directives, regulations, decisions of the European Parliament and the Council on the harmonization of intellectual property rights of the member states of the European Union.

The position is argued, according to which at the initial stages of the formation of the legal system of the European Union in terms of the legal regulation of copyright, an approach was used, according to which the legal acts did not establish direct requirements for its legal regulation and instead established provisions that would contribute to the formation of the functioning of the common market of the European Union. It is noted that parallel to the "primary sources" of the European Union, the sources of "secondary law" were formed. It was noted that a special place in the legal regulation of copyright in the European Union was played by the directives, which, being binding on the member states to which they were addressed, left the freedom of choice of the form and methods of their implementation to the national bodies of the latter.

In order to achieve the goal, the author used the methods characteristic of legal science. The research was conducted primarily using the historical-legal, comparative-legal, formal-legal method and the dialectical method of learning legal reality.

On the basis of the conducted research, the author comes to the conclusion that the law of the European Union is characterized by a rather exhaustive list of sources, their hierarchy, as a result of which this law is well organized, systematized and internally agreed. It was established that the formation of European intellectual property rights took place on the one hand under the influence of international law, and on the other hand, the peculiarities of the legal regulation of copyright in the member states.
Civil-legal regulation of will interpretation by heirs: problem aspects of determining content elements.
Authors: Parasyuk V.M.
Published: February 2023

The article analyzes the civil law regulation of will interpretation by heirs. The generic concept of "testament interpretation" is defined through the unity of interpretation-clarification and interpretation-clarification of the testator's valid expression of will. The position is expressed that the results of the interpretation of the will should not be recognized as a separate element in the structure of the concept of "interpretation of the will", but it is advisable to include them in the interpretation-clarification. The position on the application of the civil law rule on the interpretation of the will is substantiated to the cases of interpretation of the will by one heir. Proposed criteria for the classification of will interpretation. The relationship between the norms on the interpretation of the deed (Article 213 of the Civil Code of Ukraine) and the interpretation of the will (Article 1256 of the Civil Code of Ukraine) has been established. It was established that as a general and a special norm, Art. 213 and Part 2 of Art. 1256 of the Central Committee of Ukraine. It was concluded that the procedure of judicial interpretation of the deed can be applied only to the process of judicial interpretation of the will. The position on the expediency of additional legislative regulation of the procedure of interpretation of the will by heirs is substantiated.

The position on the provision in the current civil legislation of the possibility of concluding an agreement on the distribution of inherited property between the heirs based on the results of the interpretation of the will is favorably evaluated. It is stated that the interpretation of the will by the heirs after the opening of the inheritance is the primary stage of the realization of the right to inheritance. In contrast to the interpretation of the will by the heirs, the basis for the interpretation of the will by the court is the existence of a dispute between the parties to the deed regarding inaccuracies in its content. Attention is focused on the peculiarities of the interpretation of the will by the heirs during the war or state of emergency. The moment of interpretation of the will by the heirs under such circumstances may be postponed to the period of restoration of the opportunity to register the inheritance case in the Inheritance Register. The position of recognizing the right to interpret the will only for the heirs under the will is supported. It was established that the interpretation of the will by the heirs and the court is subject to a common goal - to establish the valid will of the testator regarding the disposal of the inherited property after his death.
Grounds for the right to use someone else's property (easement).
Authors: Tsytulskyi V.I.
Published: February 2023

The institution of the right to use someone else's property (easement) originated in ancient Rome. Its reception in the Ukrainian legal system is due to the economic development of Ukraine and the introduction of the right of private property. In connection with the recodification and renewal of the civil legislation of Ukraine, as well as the introduction of martial law, the need for further research into issues related to easements has become beyond doubt.

The article has been devoted to the study of the grounds for the emergence of the right to use someone else's property (easement) under the legislation of Ukraine. The Civil and Land Codes of Ukraine contain an exhaustive list of the following grounds for the emergence of the right to use someone else's property (easement): contract, law, will and court decision. An easement can arise both on the basis of only one legal fact and a certain legal structure.

The particular attention has been paid to the issue of the emergence of easement under the contract. Types of contracts on the basis of which servitude may arise have been analyzed. The emphasis has been placed on the parties and the essential terms of the easement agreement. The cases provided for by the legislation, in the presence of which, the right to demand the conclusion of an agreement on the establishment of an easement may belong to persons engaged in certain types of activities, have been studied. The specifics of the regulation of servitude relations under the contract during martial law have been clarified.

The peculiarities of the emergence of the right to use someone else's property (easement) on the basis of a court decision have been analyzed. As a result of the consideration of the dispute, the court may make the following decisions: regarding the obligation of the defendant to conclude a contract with the plaintiff or its decision to establish an easement.

The easement can be established by direct prescription of the law and by will. The differences between establishing an easement in a will and in a testamentary refusal are considered. Based on the results of the research, conclusions have been made regarding the prospects for the settlement of the studied relations.
Integrity in the professional activity of a lawyer
Authors: Voloshyna Ia.
Published: February 2023

Based on the analysis of legal acts that regulate the processes of professional selection of personnel in the legal field, as well as modern scientific works, the professional integrity of a lawyer as an ethical and legal category was investigated. A theoretical and legal analysis of the concept of “integrity” is carried out in the article. The meaning and essence of the concept of professional integrity of a lawyer is clarified. It is noted that under the professional integrity of a lawyer it is proposed to understand such behavior, which consists in the formation of an independent and responsible position of a specialist, whois able, due to his professional skill, to apply knowledge in practice, to ensure the provision of high-quality legal services and to obtain significant legal results from the implementation of professional activities by affirming the rule of law, legality, honesty, justice, good faith, conscientiousness, etc.The key attributes of the professional integrity of a lawyer as a legal category are identified. They include: legal behavior (actions or inaction) of a specialist; subjects (representatives of various legal professions); norms and principles that determine the pattern of correct behavior; professional competence; methods of professional activity implementation; end result.Recommendations for improving the normative basis for the professional activity of lawyers have been formulated. In particular, it is necessary to determine the objects (results) of activity that should be controlled and to which the normativerequirements of professional integrity apply, to specify the conditions for compliance with professional integrity, to improve the mechanism of liability for intentional non-observance of ethical legal principles and rules.It is emphasized that for the guaranteed implementation of the principle of integrity in the professional activity of a lawyer and certain legal specialties (judge, lawyer, notary, prosecutor, legal adviser, etc.), it is necessary to ensure legal regulation of professional integrity both at the state and local levels.

Integrity in a lawyer’s professional activity is an essential factor in ensuring trust in a specialist, which is the key to any successful cooperation. It is the trust in a lawyer that is the main indicator of his effective activity.
Normative and legal provision of social protection of employees of the National Police of Ukraine: today
Authors: Vapnyarchuk N.M.
Published: February 2023

The work examines the regulatory and legal provision of social protection of employees of the National Police of Ukraine in today's conditions. It is noted that one of the important and necessary state institutions in modern conditions is the National Police of Ukraine, which occupies one of the key positions, implementing the law enforcement function and performing a fairly wide range of tasks to protect the rights and freedoms of citizens, and therefore the social protection of the employees of this institution plays an important role value. However, until now, the social protection of police officers remains an unsolved problem, which creates obstacles on the way to the development and establishment of stability in society. Having analyzed the current national legislation on the social protection of employees of the National Police of Ukraine, it was concluded that despite the large volume of legal acts regulating the social protection of law enforcement officers and their family members, attention is drawn to the declarative nature of the norms and the nature of their optional implementation, as well there is a lack of a unified approach to the legal regulation of social protection of the studied category of workers. And as a result, although the social protection of employees of the National Police of Ukraine is provided for by a number of legal acts, many issues remain unresolved, especially in today's conditions. It is noted that despite a number of positive changes regarding the reform of the police system in Ukraine, it is necessary to pay more attention to social protection and gaps in the national legislation, the elimination of which will provide an opportunity to ensure the full functioning of the newly created and reformed units of the National Police of Ukraine. The task of reforming is primarily to ensure that there is a correspondence between tasks and functions, structure and people, and resource provision. Among other important issues is decent pay for the work of Ukrainian police officers, because the safety of citizens and the level of crime detection directly depend on their motivation. And that is why their salary must correspond to modern risks and realities, ensure stability, and only the law can guarantee this.
Comparative legal analysis of certain aspects of state formation in the constitutions of the Ukrainian People’s Republic and the Far Eastern Ukrainian Republic (Green Wedge) and other documents
Authors: Dyhtyar R.V. , Hryhorchuk M.V.
Published: February 2023

The events of the last eleven months brought to the fore the problems related to the establishment of Ukrainian statehood. The reason for this was the full-scale invasion of Russia on the territory of sovereign Ukraine on February 24, 2022.This unprecedented violation of international law became an additional incentive for an indepth study of the processes of Ukrainian state formation not only in Ukraine, but also outside its borders, primarily in the territories of the Russian Federation.The authors’ historical and legal analysis of historical and legal documents and archival funds proved that Ukrainians were marked by a desire for self-reliance and independence in any part of the world. This happened despite the fact that ethnic Ukrainians were forcibly evicted from their native land and actually had real prospects of assimilating among the indigenous peoples to whose land they were deported.In this article, the authors carry out a historical and legal study of individual stages of Ukrainian state formation in the Far East in the period 1917-1922. We are talking about the Far Eastern Ukrainian Republic (Green Wedge), a true independent Ukrainian state that existed de facto in the specified time period. It was a state entity that developed and adopted the Basic Law (Constitution of the National and Cultural Autonomy of Ukrainians in the Far East» (at the Second Session of the Ukrainian Far Eastern Regional Council on May 30, 1919).Applying the method of comparativism, the authors performed a comparative analysis of this Constitution and the Constitution of the Ukrainian People’s Republic. The study of the specified historical and legal documents showed close cooperation and national ties between mainland Ukraine and the Far Eastern Ukrainian Republic (Green Wedge). The article provides specific examples of the same understanding and interpretation by the leaders of the Green Wedge and the Ukrainian People’s Republic of the key provisions of state formation, the introduction and use of similar legal mechanisms to assert sovereignty and national identity.
The features of legal regulation of labor and legal social protection measures for customs officials
Authors: Shkoda V.M.
Published: February 2023

The article is devoted to clarifying the current state of legal regulation in Ukraine of the labor and legal direction of social protection for customs officials. The author clarifies the social and legal significance of the proper regulation of labor andlegal social protection measures and points out that, at the level of the current customs legislation of Ukraine, the labor and legal direction of social protection for customs officials is reduced mainly to labor protection guarantees. In this case, therelevant fact indicates unjustified limitations of legal regulation in Ukraine, rather than limits in labor and social protection regulations. It turns out that the labor and legal direction of social protection for customs officials is distinguished by the fact that this direction of social protection: is founded not only on general and special principles of social protection, but also onsectoral principles of labor law; is guaranteed and provided by the state; is applied exclusively to the relevant circle of employees, despite the fact that it directly affects their family members (also on the proper existence of society as a whole); is provided for the application of a variety of social protection measures for the relevant circle of employees, which should be taken into account in Article 589 of the Customs Code of Ukraine. Taking into account the shortcomings of legal regulation of the labor and legal direction of social protection for customs officials, the author proposes to revise the current version ofthe title of Article 589 of the Customs Code of Ukraine (changing it to “The labor and legal social protection measures for customs officials”). The proposals to improve the content of Article 589 of the Ukrainian Customs Code are primarily focused on the need to expand the list of labor and legal social protection measures. Among such measures, in particular, the author callsfor: the provision of vacations; the adaptation of workplaces to the objective special needs of the employee (first of all, persons with disabilities, pregnant women workers, and other persons with special psychophysiological needs of a temporary or permanent nature); the organization and provision of medical examinations of employees; the control of the qualification and reliability of customs officials; the control of the labor (service) discipline of customs officials; the provision of benefits and compensation for work in difficult and harmful conditions; and ensuring access of customs officials to professional training; etc. The article concludes with a summary of the results of the study.
The concept and genesis of powers, the mechanism of their regulation and legitimacy when established at the legislative level
Authors: Leonidova О.О.
Published: February 2023

The article is devoted to the disclosure of the concept of the theory of powers. Legitimacy of powers and consideration in their regulatory regulation of needs and interests of man and citizen, society as a whole is shown. It was found that the structural construction of the theory of the state and law requires the presence of relevant autonomous parts in its system, such an autonomous part is the theory of powers, which is a collection of reliable knowledge about powers. Authority is considered as a social phenomenon that manifests itself in modern relations of civil society, the delegation of the right to exercise certain rights and duties. It was determined that the powers in their content are a set of interrelated and interdependent rights and obligations. It was established that the legal structure of powers includes the duties of state bodies, public organizations, officials and other persons assigned to them in accordance with the procedure established by law. Powers are established in legal norms at both the legislative and sub-legal legal levels. It has been found that the term "authority" is used in various fields of law and is therefore considered general legal. Authority is defined as an element of a broader legal phenomenon - the system of law and the state. It was established that the authority has systemic and functional connections with the state bodies, through them the voters delegate the right to manage the state and society's affairs, these elements of the system are an integral part of the competence of the executive power bodies. The regularity of the use of the term "authorization" in the norms of not one, but all branches of law can be traced. It was determined that the general rule of recognition of the legitimacy of the powers of a government body or an official is that they acquire powers on the basis of compliance with all the requirements of the law, and act in the manner defined therein. A general definition of the concept of authority is proposed, as a general concept for the theory of law and the state, the content of which is a system of rights and obligations acquired in a legitimate way by the state, local self-government, state bodies and local self-government bodies, their officials, other subjects of legal relations in order to ensure the opportunities, needs and interests of a person and a citizen, individual social groups and society as a whole.
Implementation of european legislation on road safety administration in Ukraine
Authors: Lazur Y.V. , Karabin T.O.
Published: February 2023

The article examines the implementation of European legislation in the field of road safety management in Ukraine. The authors set the task of investigating the compliance of the provisions of EU law and Ukrainian legislation related to road safety management, audit and assessment, road safety inspection.It has been established that the management of road safety involves 1) conducting a road safety audit, 2) carrying out road safety checks and 3) identifying accident-hazardous places and places of concentration of road traffic accidents and eliminating their causes. It was concluded that the completion of the implementation of the provisions of this Directive 2008/96/EC into national legislation was completed only in 2022 with the adoption of the Procedure for identifying accident-hazardous areas and places of concentration of traffic accidents, approved by the Order of the Ministry of Infrastructure of Ukraine dated August 12, 2022 No. 598. At the same time, it is still premature to claim the completion of the formation of the regulatory and legal framework in the relevant field, as there are a number of issues that have not yet been fully settled or are disputed. In particular, the procedure for the implementation of the plan of measures to improve the conditions and organization of roadtraffic has not been regulated, the period of time (3 years) for conducting safety inspections is quite significant, the road safety audit report is mandatory for consideration by the organization that carries out design, construction and operation audit object, however, the procedure for displaying the results of such review is also not regulated. Therefore, it is assumed that theimprovement of the legislation in the direction of the implementation of acquis communautaire requirements will be worked out in the process of law enforcement and reconstruction of highways and road infrastructure of Ukraine in the post-warperiod.
Administrative view of the resolution of the legal conflict regarding the right of convicts to have long visits with persons with whom they are having a factual marriage relationship
Authors: Halai A.O. , Tokar Y.O
Published: February 2023

The article is dedicated to the peculiarities of the legal regulation of guaranteeing the right of convicts to long-term visits. The circle of persons with whom the convict may be granted visits has been investigated. A legal analysis of the provisions of Part 1 of Art. 110 of the Criminal Executive Code of Ukraine has been completed. It was concluded that the application of the term "spouses" in the specified norm to persons living as a family but are not married is inadmissible since the term "spouses" includes a man and a woman who have a registered marriage (a family union of a woman and a man, registered in the body of the state of registration of vital records). At the same time, the legal status of "spouses who were living as a family, but were not married" under the family legislation of Ukraine, is held by "persons who are having a factual marriage relationship."

The article discusses the reasons for giving long-term visits to persons having a factual marriage relationship. In particular, the conclusion was formed that the proper ground for granting long-term visits to a woman and a man living as a family but not married is exclusively a court decision establishing the fact of living as a family. At the same time, ways to eliminate the legal gap are defined, according to which the fact of having common minor children is a determining ground for granting long-term visiting. Because limiting the right to long-term visits only by the existence of minor children violates the principle of equality before the law for persons having common adult children, and living as a family but not married.

The authors propose several improvements to the existing legislation and steps to liberalize criminal law. So, in particular, it is suggested to grant convicts long visits with persons with whom they live as a family but are not married, without the requirement of having children together. It is proposed to liberalize long-term visits for convicts and remove restrictions on the right to joint rest with friends or solving work issues of convicts who, presumably, due to long-term visits with business partners, will be able to be engaged in entrepreneurial activities.
Legal regulation of an emergency lane creation during a traffic accident: international experience
Authors: Kiselyova M.S.
Published: February 2023

The article is devoted to the analysis of the experience of such countries as Germany, India, Austria, the USA, Belgium, Poland, the Czech Republic, Hungary and Canada in the field of legal regulation of the creation of an emergency lane on roads during traffic accidents.

Emergency and rescue services, ambulance, fire protection, police are important components of providing emergency assistance during a traffic accident.

The efficiency of emergency services, which must reach the scene of a traffic accident in a short period of time, in addition to subjective factors (the driver's psychological unreadiness/unwillingness to give priority to the vehicle), is significantly affected by the flaws of the road transport infrastructure, but the most - by a large number of vehicles causing numerous traffic jams. The problem of an emergency lane creation during traffic accidents is extremely relevant to rescuing victims.

It is proved that the emergency lanes on the roads almost double the probability of avoiding fatal consequences caused by traffic accidents.

By definition, the emergency lane is a free lane on the road intended for vehicles with priority. Such vehicles include: ambulances, firetrucks, police vehicles, tow trucks.

Since the procedure and specifics of the emergency lane creation in foreign countries are fixed in legislation provided by the Traffic Rules or other normative legal acts, drivers may be sentenced to the following types of punishment for non-compliance: fine, penalty points, deprivation of a driver's license, imprisonment.

Global experience suggests that the issues with the emergency lane creation and compliance monitoring should be regulated by the state bodies. Such approach contributes to the strict compliance with the traffic rules and therefore to the efficient and timely work of emergency and rescue services, ambulances, fire brigades, traffic police, etc.
Division of things according to the Austrian General Civil Code of 1811 as a reception of the provisions of Roman private law
Authors: Savuliak R.V.
Published: February 2023

The General Civil Code of the Austrian Empire in 1811 was extended, including to the Western Ukrainian lands, which were part of it, and was in effect until the mid-late 1930s; and in modern Austria it is still valid today.

The main source of the Austrian General Civil Code of 1811 was first of all pandect law, that is, Roman law recepted and adapted to new conditions. Therefore, the author aimed to investigate the reception of Roman private law (in particular, the provisions of title VIII «On the division of things and their properties» of the first book of Justinian's Digests) when regulating the division of things by the Code.

The article reveals the concepts of things, the division of things according to various criteria and the peculiarities of the legal regimes of various types of things enshrined in the Austrian General Civil Code of 1811; and so, the author found the reception of Roman private law in the legal provisions under consideration.

Namely, the author found out that, in contrast to Roman law, which did not contain a general concept of a thing, such a concept was formulated in the Code. The article highlights the division of things in the Austrian General Civil Code of 1811 into the following types according to the following criteria: according to the subject to which they belong, – state property, private property (including communal possessions and communal property), common (public) possessions and ownerless things; according to their various properties – corporeal and incorporeal, mobile and immobile, consumable and non-consumable, valued and non-valued; and it was also established an allocation by the Austrian legislator of such a legal category as an aggregate thing.

The author analyzed that the classification of things according to various criteria and the regulation of their legal regimes established in the Code actually constitute the reception of Roman private law. However, certain differences were found in the interpretation of immovable things, namely in the understanding of the affiliation of an immovable thing, in particular, appurtenance things. And it was also established that Roman private law did not distinguish between things valued and unvalued, but a sacred thing was not subject to valuation.
Development of new conceptual approaches to determining the forensic characteristics of the leader of organized criminal groups in the economic sphere
Authors: Pashynska І.V.
Published: February 2023

The article highlights an organized criminal group in the field of economy, as a stable association of persons who have  organized themselves for regular joint criminal activity with a selfish purpose and to achieve control in a certain social sphere or in a certain territory. It is noted that the activities of organized criminal groups necessarily involve the assimilation of not only the «technology» of their functions, but also its ideology and psychology: norms оf so-called «hierarchical» behavior andcommunication; norms of discipline in the community; value orientation; recognition systems «own / foreign» and other elements of the criminal subculture. 

When studying organized crime in the economic sphere, there are patterns in the nomination of a leader who, in criminal groups, is the organizer and head of all group criminal activity. The leader of an organized criminal group in the economicsphere performs certain functions: organizational, informational, strategic, normative-value and disciplinary. In particular, the leaders of organized criminal groups in the economic sphere are characterized by pragmatism, organizational skills, cunning and the desire to stand out among the group members. In general, the modern leader of an organized criminal community hasthe following characteristics: experience in criminal activity; strong will; fairly high level of mental abilities; the ability to keep one’s word; entrepreneurial spirit; communication skills; determination in actions; speed of orientation and ability to make decisions in difficult situations for the criminal community; the ability to ensure the secrecy of criminal offenses being preparedand initiated; knowledge of internal and external conditions of functioning of economic relations of the state; authoritarianism; cruelty; willingness to do anything to achieve the goal; the ability to subordinate others; belief in one’s own superiority; motivation and dominance of selfinterest - enrichment; lack of empathy; attitude towards people as a tool for achieving one’s goal.On the basis of research, we concluded that the leader of an organized criminal group in the field of economy is a dangerous criminal, an organizer who negatively affects other members of the group and who keeps them in submission and fear. Identifying and exposing him is an extremely difficult task.
Competitiveness as a principle of criminal and executive law
Authors: Pylypenko D.
Published: February 2023

The article examines the content and certain essential aspects of the principle of competition in the field of criminal and executive law. It is emphasized that this principle is interdisciplinary and characteristic of both the sphere of public legal relations and the sphere of private law. It is noted that competition as a legal basis is mandatory for all procedural branches of law, be it criminal procedural law, civil procedural law, commercial law, administrative law, etc. Attention is focused on the fact that most of the theoretical concepts of determining the principle of competitiveness in the field of public-legal relations are based on the achievements of scientists in the field of criminal procedural law. It is noted that this fact is quite logical, since in the field of criminal proceedings, especially in the judicial stages of its implementation, a classic adversarial process takes place between the parties to the proceedings, who implement the opposite procedural functions of prosecution and defense. It is emphasized that for the field of criminal enforcement law, it is appropriate to use approaches for determining adversariality in the field of criminal proceedings, but with certain essential differences. It is noted that the parties to the proceedings as an element of the reflection of competition in criminal enforcement law differ from the definition of the parties in the criminal process. It is indicated that the classic confrontation between the prosecution and the defense, which is natural for the criminal process, is absent in criminal executive law. It is emphasized that the determination of the parties as an integral element of competitiveness in criminal executive law should take into account the existing opposing interests in this field of law, such as public and personal interests. It is noted that the public interest in the field of criminal executive law is defended by state representatives, that is, officials of bodies and institutions for the execution of punishments, as well as the prosecutor, who performs the function of supervising the observance of legality during the execution of sentences, as well as applying other coercive measures related to the restriction of personal freedom of citizens. Personal interest, under such conditions, is defended by the convict and his representatives.
To the question of installation or spreading criminal influence under Article 255-1 of the Criminal Code of Ukraine
Authors: Shevchenko Т.V.
Published: February 2023

The article deals with topical issues regarding the changes introduced by the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Regarding Criminal Responsibility for Crimes Committed by a Criminal Community" dated June 4, 2020, to the Criminal Code of Ukraine. The Law provides for new norms relating to criminal liability for the activities of organized crime as a special form of complicity. Namely: significant changes have been made to Art. 255 of the Criminal Code of Ukraine, as well as criminalized norms provided for by Articles 255-1, 255-2, 255-3 of the Criminal Code of Ukraine. This law also provides for criminal liability for new forms and manifestations of organized crime, such as: "criminal community", "thief in law", "criminal influence", "subject of increased criminal influence", "criminal assembly" and others. Today, the genesis of these norms, their definition, interpretation and specification remain problematic issues, since they affect not only the criminal law, but also the criminological characteristics of the criminal's personality, which, in turn, complicates the qualification and differentiation from related types of criminal offenses. To determine the person under Art. 255-1 of the Criminal Code of Ukraine, it is necessary to establish not only mandatory features inherent in the general subject of a criminal offense, but also a more extended range of these features. It is on the basis of these characteristics of the subject of the criminal offense and on the characteristics of the objective party that it is necessary to distinguish between adjacent compounds, which was the focus of the research. An analysis of the subject was carried out according to optional features that are not clearly formulated in the article and require interpretation. The article pays special attention to the concept of "criminal influence" under Art. 255-1 of the Criminal Code of Ukraine. A review of the latest scientific publications on this topic was carried out, as well as a review of judicial practice under Art. 255-1 of the Criminal Code of Ukraine made it possible to establish one's own vision of the concept of "criminal influence", taking into account the outlined problematic issues. In addition, the article highlights the distinction between the organization or the direct distribution of funds, property or other assets (income from them), as an alternative structural part of the concept of "criminal influence", from the financing of a criminal organization or criminal community.
The essence and social purpose of advocacy: a comparative legal discourse
Authors: Bysaha Yu.
Published: February 2023

Advocacy comes from the latin word advocare, which means a person who is turned to when help is needed. In the Middle Ages, an advocatus usually acted as a representative of a feudal lord or an institution, such as a local abbey. As societydeveloped, the concept of advocacy also changed. Today, advocacy still has the same meaning - a person called to advocate for another, but instead of being the spokesman or legal representative of a powerful ruler or church, modern advocatesusually advocate or defend specific interests and rights.Article 59 of the Basic Law of the country proclaims a dogmatic idea, which consists in guaranteeing every citizen, excluding anymanifestation of discrimination, the right to professional legal assistance. In turn, the concentration of the social orientation of the legal profession can be traced in Article 131 with note 2, which delegates the exclusive right to represent public interests in court, as well as defense against criminal charges, to the bar. In turn, the functional purpose of the advocacy as a single, independent, professional, human rights institution, which consists in the protection of the rights, freedoms and legitimate interests of individuals, is implemented on the principles of the rule of law, legality, independence enshrined in the Law of Ukraine «On Advocacy and Advocacy», confidentiality and avoidance of conflict of interest.The development of the rule of law is impossible without the proper functioning of legal institutions whose activities are aimed at protecting human rights and freedoms. First of all, the scope of the professional rights of lawyers and their duties,  the degree of independence, the guarantees of practicing the legal profession, the provision of legal assistance to citizens, the professionalism and availability of legal tools, and the observance of human rights in the process of carrying out activities testify to the democracy of the legal profession. Therefore, at this stage of the development of the science of constitutional law,it is extremely relevant and expedient to study the essence and social role of a lawyer in the life of civil society, which is important, through the prism of the provisions of the national and foreign concepts.
Сonstitutional and legal vectors of the implementation of the optimum model of the prosecutor’s office in the system of the mechanism for the protection of human rights
Authors: Makosiy Yu. D.
Published: February 2023

The scientific article is devoted to the study of the constitutional and legal vectors of the implementation of the optimal model of the prosecutor’s office in the system of the human rights protection mechanism. It is established that prosecutors are required to perform their duties without fear, favor or prejudice; not to be influenced by individuals or groups of individuals, pressure from mass media and must take into account only public interests; act objectively; take into account all relevantcircumstances, regardless of whether they are favorable or unfavorable to the suspect; to always seek the truth, help the court arrive at it, establish justice in accordance with the law and dictates of conscience. The Ukrainian state, in turn, must take appropriate measures to ensure that the legal status, competence and procedural role of prosecutors are established by law in such a way that there are no legitimate doubts about the independence and impartiality of judges.It has been established that an extremely important condition for the effective exercise of the powers of the prosecutor’s office in the field of human rights protection is that the procedure for selecting persons for the positions of prosecutors should be as transparent and objective as possible, carried out independently and impartially.Emphasized, the professional competence of prosecutors presupposes, first of all, the possession of the necessary level of knowledge, abilities and skills, communicative characteristics, integrity, the presence of a high level of legal awareness and professional culture, behavior and ethics, which can be achieved through continuous training and systematic professional development, including through passing intensive trainings.It is emphasized that the training of prosecutors is rather not their right, but their duty, and it should be continuous. In this aspect, it should be noted that the prosecutor, in addition to knowledge of the current legislation in the field of human and citizen rights and freedoms, their protection, implementation features, must also possess the necessary moral and ethicalcharacteristics that will correspond to the position held, the prosecutor’s functional area, and universal human values.In the conclusions, the main directions of implementation of the optimal model of the prosecutor’s office in the context of the proper implementation of the functional purpose of the prosecutor’s office in the field of human rights protection are defined.
Administrative procedure: a return to the content of the category and its relationship with related legal concepts
Authors: Malyk I.M.
Published: February 2023

The article establishes, based on the analysis of doctrinal and normative sources, the content оf the category “administrative procedure” and its relationship with related legal concepts. It is noted that in the aspect of discussion of the essence and purpose of the administrative process, without a doubt, a progressive view of it as a form of justice in the order of administrative proceedings is progressive. It is noted that the author is a supporter of the idea of the existence of administrative-procedural law, the norms of which are in fact serving the norms of substantive administrative law, tools for their implementation.In turn, the administrative procedure, as the procedure for consideration and resolution of an administrative case defined by law, is a mechanism for realizing the administrative-legal status of participants in administrative legal relations, which is naturally fixed by the material norms of administrative law. It can be seen that the features of the administrative procedure,which reflect its essence in the maximum relief, are: targeted, individual character; as a result, an administrative act is issued (accepted) by the authorized subject; external nature of the action; focus on the implementation of material norms of administrative law and the achievement of certain legal results for specific subjects.In the author’s opinion, the proposed view of the administrative process and administrative procedure makes it possible to significantly simplify (in the positive sense of the word) the idea of administrative law, its real purpose, potential and resource of its norms. Without pretending to a deep level of scientific novelty of the stated theses, the author calls on representatives of thescientific community and practitioners to discuss the need for a unified view of the specified fields of law, legal institutions and categories.