bluuebunny/crossref_metadata_2025 huggingface dataset:
Legal regulation of the exercise and protection of the child’s right to medical care in Ukraine
Authors: Porozova I. Yu.
Published: February 2024

The purpose of the article is to determine the peculiarities of the legal regulation of the implementation and protection of the child’s right to medical care in Ukraine. In order to recognize a child as a subject of legal relations for the provision of medical care, it is important to distinguish between the legal status of minors and minors in the legislation of Ukraine.

The following conclusions were made: 1) the consent of the minor child’s legal representative is required to exercise the right of a minor child to medical assistance; 2) a minor child can independently exercise his right to medical assistance (gives consent to medical assistance, chooses a doctor and methods of treatment in accordance with his recommendations); 3) the consent of both parents and the child is required to provide certain types of medical care to a minor child; 4) in urgent cases, in the presence of a real threat to the life of an individual, medical assistance is provided without the consent of the child or his parents (adoptive parents), guardian, custodian; 5) the law establishes a list of prohibitions regarding the participation of children (both minors and minors) in legal relations for the provision of medical assistance to children; 6) regardless of age, a child does not have the right to refuse treatment; 7) the peculiarities of the legal status of a minor child- patient may also depend on other parameters: on the types of activities minors are engaged in (for example, child athletes), their state of health (disabled children, drug addicts), social status, etc.

Refusal of legal representatives from medical intervention for a child, which is necessary to save its life, is proposed to be considered as passive euthanasia, which is prohibited in Ukraine.

The Convention on the Rights of the Child enshrines the obligation of member states to ensure that a child who is capable of formulating his or her own views has the right to freely express those views on all matters affecting the child.

This requirement of the Convention gives children the opportunity to freely express their views and to demand that they be taken into account in accordance with their age and level of maturity. It was concluded that the legal regulation of the child’s right to medical care in Ukraine does not meet the requirements of the Convention on the Rights of the Child, and Ukraine is a party to this Convention.
Qualification of medical (medical) errors
Authors: Skrynnikova K. O.
Published: February 2024

In the article the author investigates the qualification signs of actions (inaction) of doctors (medical staff), the consequence of which is a medical error. Their content and influence at the civil law relations that arise between the doctor and the patient are established. The author emphasizes the development of a correct, well-thought-out and unified position about the legal qualification of erroneous actions of doctors (medical staff). Also in the article it is noted that possible defects of medical care are: lack of a positive result, accident, medical error, where medical error is the basis for bringing to civil liability for doctors (medical workers). It is noted that the characteristic signs of such an error are harm to the patient`s health or his death and the presence of both intentional guilt and negligence and wrongful acts (inaction) of doctors (medical workers).

The analysis and classification of the causes (factors) of occurrence and types of medical error is carried out. The subjective and objective reasons influencing actions (inaction of doctors, medical workers are defined). It is said that the objective reasons the doctor, the medical worker cannot predict and which exclude their responsibility. It is stated that actions under the influence of objective reasons should be considered as types of accident (or incident). Subjective causes (factors) are errors made by doctors (health professionals) that unreasonably deviate from established medical standards, act carelessly, confidently or allow unreasonable risks in the absence of experience or knowledge.

The article analyses the classification of medical errors by the causes, in particular: diagnostic errors; medical and tactical errors; technical errors; organizational errors and deontological errors. A legal assessment of a medical error as one of the possible grounds for civil liability is provided. It is substantiated that the responsibility of a doctor, medical staff depends on the presence of guilt in his actions and the qualification of the negative result of medical care.

The article also emphasizes that doctors (medical workers) are not responsible for a medical error, but for the damage caused to the patient as a result of this error.

Scientifically substantiated proposals and recommendations for improving the civil legislation of Ukraine in the field of medicine are formulated.
Procedure of forced buyout of shares (squeeze-out) in corporate law of Ukraine
Authors: Klapoushchak D. S. , Derkach E. M.
Published: February 2024

In the context of new changes in corporate legislation this article examines the specifics of the implementation and protection of the minority shareholders’ right to demand fair compensation for the mandatory sale of their shares in case of transfering control over the company to other shareholders (participants).

It is stated that implementing the right to mandatory buyback of shares by the owners of a controlling stake (more than 95 percent of ordinary shares), the problems arise concerning the violation of the right of the remaining minority shareholders to receive fair compensation for the mandatory sale of their shares.

It is highlighted that issues on implementing the right to buy back shares at a fair price by controlling shareholders are caused by the flaws of Article 95 of the Law of Ukraine «On Joint Stock Companies» concerning involving a professional appraiser, that violates the general rules established by the legislation on limit prices.

Involvement of the evaluation activity subject to the independent determination of the company shares’ value at the request of minority shareholders who own at least 5% of the shares (or 1% in the case provided for by Article 95 of the Law on Joint Stock Companies), in order to overcome obstacles to exercise the right to a fair price through the mandatory sale of shares. The rule on the need to involve an appraisal activity subject conducting an independent appraisal of the value of the company’s shares at the request of minority shareholders who own more than 5% of the shares (or 1% or more, if it is provided for in Article 95 of the Law on Joint Stock Companies) should be removed from the Law .

The method, developed by judicial practice, to protect the right to receive a fair price for shares in case of transfering control is contained in Article 95 of the Law of Ukraine «On Joint Stock Companies». In accordance with clause 21 of this article, any shareholder who believes that the price of the mandatory sale does not meet the requirements established by clauses 5-7 of this article, has the right to demand from the plaintiff compensation for the fair value of the shares purchased for such requirements due to the court procedure.
Harassment as gender discrimination in the field of work
Authors: Butynska R.
Published: February 2024

Abstract. The article examines such a phenomenon as «harassment» as a type of gender discrimination in the field of work. It is noted that gender discrimination in the field of labor is a complex multidimensional concept, the definition of which has not reached a consensus in the international community. It is important to get that the omission of international law does not distinguish gender as a discriminatory feature separate from biological sex, gender discrimination is mainly used as a synonym for discrimination based on sex. At the same time, it has a number of features. First, it represents a set of limitations, differences and persons that are reflected on the basis of the gender criterion and violate the equality of rights and opportunities of people in the field of employment (most often it is about women). Secondly, it is affected by gender inequality in the labor market, which is manifested in gender disparities. Thirdly, unlike the debatable concept of differentiation, gender discrimination is not a factor related to an employee’s job qualities. It is emphasized that harassment in social and labor relations is definitely part of the subject area of gender sociology, which reflects social interactions not just between states, but also entrenched hierarchical power relations, formed cultural norms, and their specificity. At the same time, it is not possible to obtain the psychological and value-normative orientations of employees, the dependence of the state and scale of problems on the field of employment, on the contingent at the workplace and working conditions in general. It was concluded that broad coverage of issues of equality between women and men, representation of women as a valuable employee in the workforce, evaluation of her professionalism, implementation of real mechanisms for increasing the representativeness of women in status positions - this can contribute to the prevention and prevention of violence and harassment in the field of work. At the same time, a special active role should be played by domestic trade unions, which in one way or another are associate members of international trade union organizations, which would be expressed in educational and informational work, real assistance to the victims, and in expert participation in the development of legislative initiatives and recommendations for countering harassment in the field labor.
Some aspects of legal consequences of the Constitutional Court of Ukraine decision’s No. 1-р/2023 dated 07.02.2023 for the practice of resolving labor disputes
Authors: Zanfirova T. A. , Aidynian A. V.
Published: February 2024

The article analyzes the legal consequences of the decision of the Constitutional Court No. 1-р/2023 of February 7, 2023 for the regulation of labor relations between the employer and teaching staff who are paid an old-age pension, and for the practice of resolving labor disputes regarding the recognition of their dismissal and reinstatement as illegal.

Different types of situations are considered. For example, if such labor relations lasted/continues after February 7, 2023 and a labor dispute has not yet arisen, the most optimal “way out” from the point of view of the theory of labor law is to transfer teachers who are paid an old-age pension, by order of the employer, to open-ended labor contracts.

Various variants of the influence of the decision of the KSU No. 1-r/2023 of February 7, 2023 on the practice of resolving labor disputes were also studied. Such labor disputes are being systematized. The following groups of authors are distinguished:

labor disputes that arose after February 7, 2023 and, accordingly, were considered after this date;

labor disputes that arose before February 7, 2023, but were considered/reviewed after February 7, 2023;

labor disputes that arose and were considered by the court until February 7, 2023, if the decision was not reviewed or its review was completed before this date.

The article concludes that the disputes of the first group are not characterized by problems. Court practice shows that such lawsuits to declare dismissal illegal and reinstatement are decided in favor of the plaintiff- teacher, who is paid an old-age pension.

Labor disputes of the second group are resolved ambiguously in judicial practice. In one of the cases, the Supreme Court noted that the contested decision was based on the law that was in force at the time (as of the date of adoption of such a decision), and therefore no violations of substantive or procedural law were observed. On the other hand, in another case under a similar situation, the Supreme Court returned the case for a new consideration, pointing out the absence of other legal mechanisms for revising the court’s decision, which is based on an unconstitutional norm.

Labor disputes of the third group are the most problematic and debatable, because formally, the final decision in the case was made before the adoption of the KSU decision No. 1-r/2023. Review of such cases under exceptional circumstances due to recognition as unconstitutional of the provisions of par. 3 ch. 2 Art. 22 of the Law is impossible. Violation of appellate or cassation review of such cases is complicated by missing the deadlines for such an appeal. “Summary” of the KSU decision under “newly discovered” circumstances is a debatable issue, although, in our opinion, in general, such an option is not excluded.
Legal qualification of the use of foul language at work: mobbing or petty hooliganism
Authors: Serpak O. V.
Published: February 2024

The article is devoted to the problem of legal qualification of the use of foul language at work. Despite the fact that Ukrainian labour legislation was supplemented with anti-mobbing innovations at the end of last year, these innovations remain understudied, which leads to many problems in law enforcement. For example, one of the controversial issues is the distinction between the content of Articles 173 «Petty hooliganism» and 1735 «Mobbing (Baiting) of an Employee» of the Code of Ukraine on Administrative Offences.

To gain a deeper understanding of the central topic of the study, the author analyzes the legal nature of such phenomena as mobbing in labour relations and petty hooliganism. In particular, the author examines their system of features through the prism of its understanding as a holistic and interconnected structure characterised by emergence and impossibility of the whole’s existence without its individual elements.

In the course of writing this article, the author took into account the situational nature of the use of foul language in the workplace, and therefore proposed several options for resolving various incidents. In particular, the author considers situations in which: 1) an employee constantly uses foul language during communication at work solely due to a low level of speech culture; 2) an employee systematically humiliates the honour and dignity of a colleague by using foul language.

In addition, the author’s position was expressed in the research paper that the concept of «public place» used in the wording of the disposition of Article 173 of the Code of Ukraine on Administrative Offences is generic in nature, while the term «place of work» is specific in relation to the previous one.

The empirical basis of the study is the national regulatory legal acts (the Labour Code of Ukraine and the Code of Ukraine on Administrative Offences), as well as court practice.

In general, this research article is intended to contribute to the improvement of the efficiency of application of the relevant legal provisions of labour and administrative legislation and fair consideration of cases of administrative offences.
The concept of a forest as a natural object and an object of legal protection
Authors: Kornieiev Yu. V. , Kornieiev A. Yu.
Published: February 2024

This scientific article provides a general description of forest resources as an object of administrative and legal research and an object of legal protection, as well as a study of the general concept of a forest and the concept of a forest as an object of legal protection. In modern conditions (aggression from Russia and crimes against ecocide), the issue of forest protection is very relevant. As you know, everything in nature is interconnected and interdependent, so by preserving the forest, we also preserve other natural objects. It has been established that forest resources are wood, technical, medicinal and other forest products that are used to meet the needs of the population and production and are reproduced in the process of forming forest natural complexes.

An analysis of the concepts of the forest from the point of view of scientists and legal acts was carried out, and the role of the forest and its functions were determined. Our vision of the concept of forest is proposed, namely: a forest is a complex, multifunctional, reproducible object of nature (plant life) and an object of state ownership, which is part of the natural environment and performs two important functions: economic and ecological. The economic includes: the use of wood in economic activities, the use of gifts of the forest (berries, mushrooms, medicinal plants) - in vital activities and human health. Ecological can include the restoration and purification of air in the atmosphere, a positive effect on the regulation of the ecosystem in all territories of Ukraine, from an agricultural point of view, it has a positive effect on the protection of soils from erosion and increases the yield of agricultural products, etc. After all, the possibility of the existence of a forest as such is related to its inherent property, namely: restoration, i.e., a continuous, constantly operating process of vital activity of interconnected organisms that go through a complete life cycle from birth to death with subsequent reproduction.

The issue of legal protection of forests of Ukraine was also considered, measures were proposed to improve the legal regulation of relations. Based on the analysis of scientists, the features regulating relations in the use and protection of forests have been established. After all, the shortcomings of the national forest legislation and insufficient protection of forests, illegal felling, problems in delimiting the powers of control bodies, ecocide against natural forest objects by the aggressor state lead to the destruction of forests and damage to the surrounding natural environment.
Legal regulation of the protection of water bodies in the implementation of fishing activities in Ukraine
Authors: Krugovy S. V.
Published: February 2024

The article is devoted to the study of the legal regulation of the protection of water bodies in the implementation of fishing activities in Ukraine. It is emphasized that the protection of water bodies must be considered as an integral factor in the legal provision of maintaining the level of ecological safety, the rational use of natural resources, including living aquatic bioresources, the proper functioning of the fisheries industry, ensuring the food security of the state, etc. The author states that in order to ensure the proper legal regulation of the protection of water bodies when carrying out fishing activities, it is necessary to take into account the connection of such objects with the land plots on which they are located. It is claimed that the order of legal regulation of the protection of water bodies follows from the characteristics of such objects, their connection with other resources and the order of their use. In this regard, the norms for the protection of water bodies are reflected in the water and land legislation, as well as in the legislation on fisheries and aquaculture. The analysis of the specified branches of legislation regarding the procedure for regulating the protection of water bodies during the implementation of fishery activities was carried out.

The author concluded that ensuring the protection of water bodies should consist in the adoption and further implementation of legal norms aimed at implementing measures to protect them from pollution, clogging and depletion, and improving the condition of water bodies. It is claimed that the main purpose of protecting water bodies in the implementation of fishing activities is to preserve fish stocks and ensure their sustainable and rational use in the future.
Legal regulation of human protection against the effects of ionizing radiation (implementation of EU standards in the legislation of Ukraine)
Authors: Matviichuk A. O.
Published: February 2024

The legal regulation of human protection against the effects of ionizing radiation (implementation of EU standards in the legislation of Ukraine) is considered. The legal aspects related to the change of the existing system of radiation protection of a person from the impact of ionizing radiation, which is based on the approach - «practice» and «intervention», to the modern European system of radiation protection, which is based on situational analysis and the key concept of the updated system, have been studied. what is the exposure situation, which is defined as one of three situations: planned situation, emergency exposure situation, existing exposure situation.

According to the results of the study, the need for a comprehensive approach to the implementation of EU legislation in the legislation of Ukraine «on the example of the Council Directive 2013/59/Euratom» is substantiated. In particular, we believe that it is advisable to do this by one separate law, and not in parts, since without the implementation of the main provisions, the implementation of individual provisions leads to problems with their implementation. In our opinion, the Government of Ukraine should develop an «autonomous road map» for each EU directive, the implementation of which concerns the field of activity of more than one public administration body in the field of nuclear energy use, since some provisions of the Directive are not included in the draft laws on implementation, as they belong to spheres of administration of another state administration body. At the same time, aspects of the extensive legislation regulating relations regarding liquidation of the consequences of the Chernobyl accident should be reflected, in particular in the part of radiation protection, which cannot be reflected in the Directive, but belong to the scope of its regulation. Thus, it will simultaneously allow internal harmonization of legislation and avoid the situation of double interpretation of legislation, will contribute to overcoming contradictions, collisions and gaps in the current legislation of Ukraine.

In some cases, it is important to carry out the synchronous development of other basic regulatory documents, in particular, new Radiation Safety Norms in order to make a harmonious transition from the existing to a new system of radiation protection of humans against the effects of ionizing radiation. In the future, this will contribute to a more successful systematization and harmonization of the entire array of normative legal acts of nuclear legislation in Ukraine.
Theoretical and legal basis of the use of aquatic bioresources in Ukraine
Authors: Rahulin I. Yu.
Published: February 2024

The article pays attention to the study of the theoretical and legal basis of the use of aquatic bioresources in Ukraine. It is noted that in today’s conditions, the issues of proper legal regulation of the fishing industry, including the use of aquatic biological resources, remain extremely relevant and important. Concepts and legal features of the use of aquatic bioresources are analyzed. Attention is paid to consideration of both legislative and scientific approaches to their classification. The analysis of scientific points of view regarding the legal nature of aquatic biological resources and the order of their use was carried out. Legal grounds for the use of aquatic biological resources are considered. The peculiarities of the right to general and special use of aquatic biological resources are analyzed, and their distinguishing features are also determined. Such types of special use of aquatic biological resources as: commercial fishing; experimental catch (and its species); amateur fishing in water objects of general use, which exceeds the established volumes of free extraction (catch).

The author of the article emphasizes that today the development of the fishing industry is one of the most important tasks for ensuring the post-war recovery of the country. In this work, it is claimed that today the specified industry has not escaped crisis phenomena, in particular: improper legal regulation of this sphere, deterioration of the ecological state of water objects, the difficulty of carrying out work on the restoration of fish stocks, etc. It is noted that the improvement of the legal regulation of the fishing industry is carried out permanently, as evidenced by the introduction of changes to the relevant legal acts even during military operations in 2022-2023, which is aimed, first of all, at ensuring the functioning of the fishing industry in order to ensure food security country, protection and restoration of aquatic bioresources.
Discretionary powers of administrative court: some aspects of their understanding and exercise
Authors: Byliy I. M.
Published: February 2024

Having studied Ukrainian general legislative provisions, binding legal opinions of the Supreme Court of Ukraine and the scientific literature concerning the discretionary powers of administrative courts, it is established that, regardless of the use of quasi-dispositive wording expressing the “possibility” or the “right” of the administrative court to make a procedural decision, the existence of grounds for such decisions implies that it has the duty to make this decision or, in exceptional cases, to adequately justify the inconsistency of the decision that could have been made with the tasks and principles of administrative proceedings. It is noted that the discretion of the administrative court cannot be unlimited and is subject to general and sectoral principles, the purpose of administrative proceedings and individual procedural mechanisms and some other factors of a higher order to the provision establishing procedural discretion. For instance, it was determined that deviations from previous decisions made by the same administrative court judge in the same or similar cases are not acceptable. However, not any non-uniform application of law within the freedom of discretion should be justified, but only a difference that has a significant impact on disputed rights and obligations on the participants of the relevant legal relationship.

It is argued that the discretion of the administrative court, which is not limited by special restrictive legislative provisions, in order to prevent arbitrary decisions, must be accompanied by the obligation to properly substantiate the existence of grounds for making a particular procedural decision with reference to those real factual circumstances, which as far as possible can be measured by objective indicators and verified within the framework of the court decision appellate. It is emphasized that this when exercising discretionary powers is necessary for the administrative court to fulfill general requirements regarding the existence of a rational basis for the decision taken, confirmation of its legality and reasonableness with the help of facts and evidence, relying on which any other judge of the administrative court acting in good faith and with competence in the relevant matters would have sufficient grounds to make the same decision.
Rights of personal data subjects as a component of information human rights
Authors: Bochkova I. I. , Vrublevska-Misyuna K. M.
Published: February 2024

In the preamble to the Constitution, Ukraine proclaimed its course towards European integration, which, in particular, includes cooperation in the field of information human rights protection - protection of personal data on the basis of approximation of national legislation to the strictest EU regulations.The article analyzes the concept of information human rights in the context of the rule of law, especially in the period of digital transformation. The main focus is on the actual enforcement of citizens’ rights and freedoms, including information rights. The article analyzes the state of research in the field of information law, in particular, the concepts of “information rights”, “rights to information”, “information freedoms”, as well as approaches to understanding information rights from the standpoint of various branches of law. The authors come to the conclusion that there are studies of the content of the relevant categories, but there is no study of the rights of data subjects themselves. The article examines the content of human information rights as a component of the legal status of a person in the State on the example of legal regulation of protection of the rights of personal data subjects in Ukrainian legislation and in the legal provisions of the European Union. When comparing the content of legal approaches to the regulation of common ideas in the presence of similar lexical constructions, the differences are revealed in the “spirit” of legal regulation: the European approach is characterized by anthropocentricity, human interests are the priority of regulation, and the grounds for exercising many of the rights of data subjects are their will, unlike national legislation, where the grounds for the emergence and exercise of some rights of personal data subjects are the facts of violation of other rights of these subjects.

The article contains an analysis of the existing categories in the field of information rights, and provides a detailed analysis of the content of the elements of the concept of “personal data”, in particular, the concepts of: “human identification”, “identifiers in real life” and “identifiers in digital space”. The study suggests that the transformation of Ukrainian legislation in the field of personal data protection is still ongoing, which opens the way for further research in this area.
Foreign experience of legal regulation of law enforcement training and the main directions of its implementation in Ukraine regarding tactical competence
Authors: Hidenko Y. S.
Published: February 2024

The article explores specific aspects of the foreign experience in the normative and legal regulation of law enforcement training. In particular, attention is focused on the directions for implementing aspects related to tactical competence in Ukraine. The establishment of an effective system for training, retraining, and qualification enhancement, as well as specific aspects of tactical training for personnel in security and defense forces, is one of the priority directions in the national security of leading foreign countries worldwide. The activities of law enforcement forces represent a specialized sphere. According to researchers, this type of activity involves units responsible for maintaining public order and ensuring public safety, protecting state facilities, and more. It encompasses preventive, protective, regulatory, isolation-restrictive measures, and special operations carried out during peacetime, under extraordinary circumstances, and in times of war. These activities aim to safeguard facilities, ensure the sovereignty and territorial integrity of the state, its constitutional order, public safety, legality, and law and order. Community-oriented policing is a philosophy (a way of thinking) and an organizational strategy (a way of implementing the philosophy) that allows the police and the community to work together in new ways to address issues related to crime, public order violations, and safety, with the goal of improving the quality of life for every citizen belonging to a particular community. This philosophy is built on the previously established belief that people deserve the right to have a say in public order protection in exchange for their participation and support. It also rests on the viewpoint that to address community issues, the police and the community need to collaborate to explore new ways of solving community problems, rather than merely reacting to individual crimes or events.
State control over the economic activities of large taxpayers during martial law
Authors: Makarenko N. A. , Makarenko O. Y.
Published: February 2024

The article presents the main scientific and practical results of the analysis of the situation regarding the exercise of state control over large taxpayers in terms of their compliance with tax legislation when applying for a value added tax refund.

The article examines the peculiarities of exercising the rights of taxpayers to access a fair trial of claims for appealing tax assessment notices, the practice of considering the latter, and practical aspects of relations between taxpayers seeking VAT refunds and their counterparties. The author analyzes the practice of providing legal assistance to large taxpayers in the course of their legal activities. The author also analyzes the legal nature of the VAT refund procedure and identifies the key issues that arise when taxpayers apply for the relevant refund.

The author proposes to amend the current legislation in order to eliminate the problematic issues arising when applying for a VAT refund, which create the basis for the corruption component, and also force the country to spend significant funds to ensure the work of a large number of tax service employees, as well as the forced costs of paying court fees when appealing against court decisions made in favor of taxpayers when appealing against tax notices (tax decision notices).

The author proves that the problem of appealing tax assessment notices, which has its origin in taxpayers’ claims for VAT refunds, can be solved quite simply. As a result, it will be possible to improve the audit procedure, eliminate the costs of court fees in obviously losing cases, and eliminate significant gaps in the current legislation that complicate transparent business activities and create corruption risks.
The human right to security in a foreign and domestic historical and legal view
Authors: Pendiura M. M. , Kryshevych O. V.
Published: February 2024

The article examines the historical and legal context of scientific substantiation of the human right to security. The research is based on the classical legal scholarly works of Plato, Aristotle, John Locke, Jean- Jacques Rousseau, Niccolo Machiavelli, and other prominent lawyers and philosophers. The article also examines the current position of domestic lawyers, such as: O.B. Bondar, V.P. Vaskovska, Yu. Lutsenko,

V.O. Melnyk, A.H. Stepaniuk, D.O. Tikhomirov, I.S. Yakovets and others. The purpose of the article is to analyze the phenomenon of security and, in particular, the human right to security at the stages of development of human civilization and to express its content; to summarize and explain the options for different interpretations of the category «security» in historical and legal thought. The methodology was based on a comparative approach using the epistemological, historical method, methods of analysis and abstraction. During the study, it was found that humanity and individuals are constantly striving to understand and implement security concepts. The main stages of the development of the understanding of the notion and concept of security were identified: the first was the ancient period - during which security had a mythological basis and color and was associated with the existence of belief in the concept of magic; the next was the Middle Ages - during which security was viewed through the prism of divine existence; the next period was the Renaissance, in which security was the subject of research regardless of the spiritual and mythological concept, but was not considered in the context of security for all, but its class-unequal character remains; the New Era comes with the realization of one’s right to respect for one’s honor and dignity, equality, and the elevation of human life to the pedestal of life’s values. An analysis of the stages of development of human civilization has led to the conclusion that regardless of the level of development of humanity, the peculiarities of its existence in different periods and socio-economic formations, the desire to achieve the maximum level of security in the life of an individual, the state and society remains unchanged.
Public administration in the field of health care peculiarities
Authors: Prystaya M.
Published: February 2024

The article examines the peculiarities of administration in the field of health care through the definition of the concept of public administration in the field of health care, its object(s), subject(s), and goals.

It was determined that public administration should be understood as the activity of subjects of public administration, which consists in establishing, changing or terminating the rights and obligations of private individuals for the purpose of ordering and organizing social relations to implement the decisions of the legislative body. Public administration can be expressed through the adoption of normative acts, administrative acts, as well as the execution of legally significant actions.

It has been established that in scientific works of legal direction and public administration, health care and the medical field are often considered as an object of public management (administration). However, for the purposes of legal research, the object of public administration is defined as the sphere or branch of health care in which various subjects interact: public authorities, health care institutions, patients, legal entities, medical workers, administration of institutions, etc. And the goal of public administration is to achieve the appropriate level of organization of activities of subjects in the field of health care. At the same time, the subjects of legal relations in the field of health care can simultaneously act as objects of administration, if the legal relations are considered from the standpoint of administrative and legal regulation.

Accordingly, a health care institution is a separate object of public administration, which is directed to the goal-setting, organizing, as well as regulatory activities and influence of administration subjects (state bodies, local self-government bodies, administrations of the institutions themselves). Therefore, in the future research, the terms “administration (management) in the field of health care”, “administration (management) of a health care institution” will be used.
Historical and legal overview of Public Interest Litigation as an institute of Administrative Justice
Authors: Syromiatnykov E. O.
Published: February 2024

The article provides a historical and legal characterization of the institution of a Public Interest Litigation in general and in the context of administrative proceedings. The author reveals the historical origins of this institute from the time of Roman law, where it was called “actio popularis”. Some of the most common constructions of such claims in Roman law are highlighted. The author emphasizes the public benefit of filing such claims despite their private law nature. The author emphasizes the dualism between private and public interests in law, which is particularly evident in the institution of a Public Interest Litigation. The terminology used in different legal systems to describe the institution of a public interest action or its individual varieties is revealed: “actio popularis”, “Public Interest Litigation”, “Public Interest Law”, “Social Interest Litigation”. The author outlines the main areas in which Public Interest Litigation is most often applied: environmental protection, anti-discrimination, etc. The author analyzes the reasons for the low interest in the institution of public interest litigation in previous historical periods in Ukraine. On the other hand, it is suggested that there has been a significant increase in interest in such lawsuits in recent years, which is due to certain factors. These include: the development of civil society and the increased interest of legislators in this institution, as well as the ratification by Ukraine of the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention). The last point was important in the context of the further adoption by the Grand Chamber of the Supreme Court of the decision of 11.12.2018 in case No. 910/8122/17, which stated the right of environmental associations to file lawsuits in the public interest on these matters. The article concludes with the emphasis on the prospects for further research into the application of actio popularis in foreign jurisdictions with a view to exploring the possibilities for expanding the number of legal relations in which such claims may be filed in Ukraine.
Financing of the armed forces of Ukraine under the conditions of the state of martial: the European integration vector
Authors: Soldatenko O. V.
Published: February 2024

In the conditions of Russian aggression, the state of funding of the Armed Forces of Ukraine is important in view of the direct impact on the outcome of hostilities, the future of European countries, and on the further advancement of Ukraine through European integration.

The basis of the administrative and legal regulation of the financing of the security and defense sector, including the Armed Forces, is: the Military Security Strategy of Ukraine, the National Security Strategy of Ukraine, the Law of Ukraine “On National Security of Ukraine”, annual laws “On the State Budget of Ukraine”.

As a result of the conducted analysis, it was established that during 2016–2021, budget financing of the Ministry of Defense of Ukraine amounted to 2.1–2.4% of GDP or 2.5–2.9 billion dollars. the USA, while the amount of expenditures for similar purposes in the USA is 600–650 billion dollars, in China – 215–250 billion dollars, in the aggressor country – 70 billion dollars. Only in 2022, the specified volume of expenditures in Ukraine reached 21%, approximately the same amount is planned to be financed in 2024 (1,693 billion UAH).

Among the main problems in the field of financing the Armed Forces, the following are highlighted: the budget of Ukraine is not a development budget; the amount of budget expenditures depends on charity, humanitarian and international technical assistance; inefficient structure of defense budget expenditures; lack of objective opportunities for growth of own income sources.

These shortcomings became one of the reasons for Ukraine’s unpreparedness to protect its borders and significant losses during the Russian aggression during 2022-2023. This convinces of the need to comply with the current legislation of Ukraine, which combines the administrative-legal and financial- legal principles of regulation of the sphere of security and defense in Ukraine, including the Armed Forces. It is possible to achieve an increase in the volume of income sources in Ukraine through the modernization of the defense-industrial complex. Transfers from the EU remain important and necessary - this confirms the necessity of the European integration vector for the further development of our Another way to overcome the identified problems is the attraction of direct foreign investments for post-war reconstruction through the removal of regulatory levers. Along with state domestic financing and attracting private capital, Ukraine will need financing of infrastructure projects from relevant EU funds (as public funds), which requires maximum transparency, accountability and control.
Analysis of the normative fixation of the category “control” in the legislation of Ukraine (in the aspect of the relationship with the adjacent category “supervision”)
Authors: Fedorenko S. V.
Published: February 2024

The article analyses the normative fixation of the category “control” in the legislation of Ukraine, including in the aspect of the relationship with such a related category as “supervision”.

It was noted that the search for optimal ways of legislative regulation of any legal institution should always be based on theoretical models developed by science. This applies both to mechanisms for the implementation of various procedures, and to any norms-principles and norms-definitions. The institute of state control is no exception, the legal regulation of the terminological series of which is quite contradictory and ambiguous in nature. That is why, in the field of determining the legal essence of the “control” category, the generalization of law-making practice regarding the legal constructions of the specified term and the analysis of relevant normative samples and samples of prospective legislation are extremely relevant. In our opinion, such a systematic approach will be a favourable factor for the improvement of legislation in this area, its unification and simplification.

It is emphasized that the fact that the indicated categories are adjacent, but not identical in terms of the content of the category, is obvious. At the same time, we do not believe that control is a generic phenomenon relative to supervision, and supervision is, accordingly, derived from control. In our opinion, both forms of influence on a certain object of administration are independent mechanisms that are used by different authorized subjects. In addition, it is seen that it is not entirely justified to call control, comparing it with supervision (as opposed to the latter), a permanent, “daily and continuous” process. It can be seen that it is not control, but surveillance that is endowed with such characteristics, since it involves continuous monitoring of a certain object, and control, as a rule, has the character of planned influence, which is applied with a certain frequency and duration strictly defined by law.
Informational and legal characteristics of the main components of the state security sector
Authors: Cibulnyk N. Yu.
Published: February 2024

The article is devoted to the study of the informational and legal characteristics of the main components of the national security sector of the state. It is noted that the category “national security” reflects the qualitative state of the regulation of social relations in the state and emphasizes the fact that the security of the state consists in ensuring national identification. It has been established that the provision of state security is structured through the differentiation of national security by sector-specific (includes: military security, public security, state security, cyber security, foreign policy security, environmental security, information security) and subject characteristics (includes the activities of authorized subjects). The concept of “state security sector” is defined as a set of legal relations, the content of which is the activity of authorized subjects to ensure national security as a whole, and in certain differentiated directions. Amendments to the Law of Ukraine “On National Security” are proposed.

Attention is focused on the fact that the information and legal characteristics of the state security sector are an integral component of the national security of the state as a whole and its individual components. The importance of eliminating information threats has institutionalized a separate area of state security - information security. It was established that cyber security is an independent component of state security derived from information security, which emerged as a result of the development of digital technologies and the spread of the use of information and telecommunication systems for the purposes of information dissemination.

The institutional system of ensuring information security is singled out, which is formed from a set of authorized subjects, which are grouped depending on their legal status and available powers in the field of information security as follows: 1) state bodies authorized to ensure national security; 2) bodies of executive power, which are empowered in the specified sphere of public relations; 3) law enforcement agencies; 4) auxiliary entities that can carry out separate activities aimed at ensuring information security.