bluuebunny/crossref_metadata_2025 huggingface dataset:
Features of the civil liability of the police officer for damage caused in a state of extreme necessity
Authors: Popova S.
Published: September 2023

The article is devoted to defining the features of the civil liability of a police officer for damage caused in a state of extreme necessity. The article analyzes the signs of committing an offense in a state of extreme necessity in the context of civil, administrative and criminal liability. Attention is drawn to the fact that the state of extreme necessity in civil legislation does not contain signs of lawful activity, despite the fact that such a characteristic is present in criminal legislation and it is a circumstance that excludes liability in administrative legislation. It has been established that during the implementation of law enforcement activities, police officers may violate the civil rights and interests of individuals and legal entities, and that, according to the law, the state will compensate for such actions. The judicial practice of recognizing law enforcement officers as offenders, despite the act being committed in a state of extreme necessity, when the danger under the given conditions could not be eliminated by other means, was studied. Several examples of civil liability during law enforcement activities are given. It is determined that the performance of official duties of a police officer is considered to be performed during working hours or by order. The procedure for compensating individuals for damage caused by police officers during the performance of official duties was analyzed. It was determined that the civil legislation contains gaps regarding the conditions for exemption from civil liability of a police officer in the event of causing damage during the arrest of a person who has committed an offense. On the basis of the conducted analysis, it was concluded that the actions of the police officer, in which he harmed the civil rights and interests of persons in a state of dire need, can be recognized as legitimate and compensation should be imposed on the offender whom the police officer tried to bring to justice.
Topical issues of the legal regulation of medical chaplaincy in Ukraine
Authors: Rosul N.
Published: September 2023

The article is devoted to the study of topical issues of legal regulation of the institute of medical chaplaincy in Ukraine. It is stated that at the current stage of state development, the specifics of pastoral care in healthcare are not properly regulated by law and need to be clearly established, in particular not only in the Constitution of Ukraine, the Civil Code of Ukraine, the Laws of Ukraine “Fundamentals of the Legislation of Ukraine on Health Care” and “On Freedom of Conscience and Religious Organizations”, but also by specialized law. Special attention was paid to the analysis of the legal status of the chaplain in healthcare in accordance with the Order of the Ministry of Health of Ukraine № 138 “On approval of changes to the Handbook of qualification characteristics of professional workers. Issue 78 “Health Care”. It was determined that there is a legal gap regarding the provision of the activity of a medical chaplain in Medical Centers, which are not health care institutions, but carry out their activities as individual entrepreneurs registered in the manner prescribed by law having obtained a license for the right to conduct economic activity in medical practice.In addition, the need for legal regulation of the rules for the preparation of the work documentation of the chaplain in health care, the development of instructions and the approval of the forms of such documentation was identified. Furthermore, the need to create a mechanism for passing the specialization “Clinical Pastoral Care” and obtaining a chaplain’s certificate in health care was established.Taking the identified deficiencies of regulation of the legal status of the medical chaplain into account, it was established that the institute of medical chaplaincy needs to be established in specialized law. The expediency of developing the Law of Ukraine “On chaplaincy in the sphere of health care” is explained in detail from the point of view of compliance with the requirements of the law-making technique and the peculiarities of legal relations related to the activity of chaplaincy in health care.It is concluded that the establishment of legal norms in the Law of Ukraine “On chaplaincy in the sphere of health care” will make it possible to regulate fully the institution of medical chaplaincy, defining the peculiarities of the organization and the main principles of the activity of medical chaplaincy.
The role of the business and human rights concept in achieving the goals of «green» energy transition in Ukraine.
Authors: Tokunova A. , Roshkaniuk V.
Published: September 2023

The article investigates Ukraine’s strategic plans for the country’s future recovery. It was revealed that «green» energy transformation is planned as a key priority of recovery, and that business entities are envisaged to play a special role in this process. Several proposals and recommendations regarding how to implement this approach have been formulated. In particular, it was stated that it is expedient to introduce a provision on the involvement of business entities in the implementation of the European Green Deal in Ukraine. This can be done within the framework of the formation/revision of the energy strategy of Ukraine. Also, it is important to pay special attention to increasing the motivation of businesses to participate in activities aimed at observing human rights in their activities, where the emphasis should be placed on programs to increase the awareness of entrepreneurs regarding the benefits they can receive (for example, a positive impact on reputation, obtaining opportunities to enter foreign markets, etc.), in order to ensure that business entities will not only passively follow the proposed solutions, but also participate in the development of the future interventions. In addition, it is necessary to create and implement human rights impact assessment systems, which will help to determine potential risks to human rights and the consequences of the implementation of the «green» energy transition for stakeholders, including employees, and members of communities who may be affected by the business entities’ activities. Next, involving the widest possible range of stakeholders in this activity was proposed. In particular, not only authorities and entrepreneurs should be targeted, but also civil society, communities that may feel the impact of business, workers, etc., to ensure that their rights and interests are taken into account during the implementation of the green deal, and to develop long-term solutions. Finally, a thesis was formulated regarding the appropriateness of improving the system of providing access to legal remedies so that they are effective in case business activity caused harm, including through complaint review mechanisms and judicial remedies.
Peculiarities of pension provision of scientific workers: realities of today
Authors: Vapnyarchuk B.V.
Published: September 2023

The problems of pension provision in Ukraine today are one of the most acute issues, primarily due to its low level, the imperfection of the current legal regulation, the existence of various social and demographic problems in the state. It is noted that today the domestic pension system is financially unstable, does not provide the size of pensions in accordance with the labor contribution of the majority of citizens and at the same time creates conditions for preferential (mostly unfair) pension provision for a significant number of pensioners. The issue of the prosperity and quality of life of pensioners is becoming more and more urgent, because their financial condition is significantly lower than in European countries. Therefore, it is proposed to include the restoration of justice in the determination of pension payments – both today and in the future – among the important and priority tasks of the state. Because if a person has worked honestly  all his life, he should be guaranteed a decent pension. The purpose of the article is to consider the features of pension provision for scientific workers in today’s conditions, on the basis of which to draw appropriate conclusions. It is noted that the legal regulation of the pension provision of scientific workers is imperfect, does not sufficiently ensure the prestige of scientific work and does not stimulate the systematic renewal of scientific personnel. Attention was drawn to the expediency of mandatory annual indexation of pensions, including the pensions of scientists, and the introduction of a fair mechanism for calculating their payments.Since the provision of economic, social and legal guarantees for employees, in particular the employees of the scientific sphere - scientists, as well as the creation of conditions for conducting effective scientific research, will increase the prestige of engaging in scientific activity. One of the ways to achieve the result and implement the functions assigned to the state should be to improve the legislative framework for the regulation of social security relations, as well as social protection and pension provision of scientific workers.It is noted that the implementation of state policy in this area is possible based on the improvement of legal regulation and adaptation of pension provision to international standards.
The concept and characteristics of labor relations with patronage employees
Authors: Dashutin I.V.
Published: September 2023

It is indicated that relations with an employee of the patronage service, as follows from Part 3 of Art. 92 of the Law of Ukraine “On Civil Service”, are labor in nature. Therefore, the established theoretical approaches to understanding the legal status of civil servants, as well as the norms of the specified Law, allow us to come to the conclusion that: patronage employees are employees and are subject to the norms of labor legislation; labor relations with the participation of these employees are characterized by general signs of TV, which are specified in this context, taking into account the peculiarities of the legal status of patronage employees and the specifics of their performance of the labor function. At the same time, it should be noted that to date, labor lawyers have not yet paid attention to clarifying the labor law essence of legal relations involving patronage employees, although the authors of a number of draft laws on patronage service have been trying to revise the legal status and principles of the origin, course and termination of these legal relations for a long time.This article elucidates the labor and legal essence of labor relations with patronage employees in Ukraine. For the first time, the author defines the concept of “labor relations with a patronage employee” and, based on this, determines the general and specific features of these legal relations. The article reveals that the main common features of labor relations with a patronage employee include: the personal performance of labor duties by the employee on a reimbursable basis; compliance with the requirements contained in the standards of decent work, as well as ensuring the social security of the employee; and the subordination and control of the employee to the employer, along with the responsible performance of the duties of both the employer and the employee, the violation of which may lead to legal liability.Specific to these legal relations is that: these relations are regulated by the norms of labor legislation, the effect of which is consistent with the norms of administrative legislation; these relations are characterized by a special object and a set of actors (an employee represented by a patronage employee, who is a civil servant, and an employer, which is the state represented by the corresponding subject of public power); these relations arise on a voluntary ground, based on an out-of-competition personnel procedure; and these relationships are continuous but are limited by the duration of the employment contract. In conclusion, the article summarizes the results of the study.
Normative legal support of trade secrets and the place of labor legislation in it
Authors: Zhyhylii S.P.
Published: September 2023

The article examines the regulatory legal protection of commercial secrecy and the place of labor legislation in it. It is noted that the availability of effective regulatory and legal instruments provided by the state, state bodies and local self-government bodies is one of the most important areas of legal regulation of trade secrets in Ukraine. Attention is drawn to the fact that relations related to the protection of commercial secrets are regulated by normative legal acts belonging to various branches of law, in particular the Civil Code of Ukraine, the Economic Code of Ukraine, the Criminal Code of Ukraine, the Code of Ukraine on Administrative Offenses, the Laws of Ukraine “On information”, “On scientific and technical information”, “On protection against unfair competition”, and define only the general principles of legal regulation of such relations. As for the current labor legislation, it still does not contain norms dedicated to commercial secrets, in particular, the regime of using commercial secrets is not defined, the procedure for using commercial secrets in labor relations, the employer’s measures to prevent its disclosure, the employee’s obligations to preserve in the secret of confidential information, etc. In the course of the study, it was concluded that today  the state of legal protection of commercial secrets in Ukraine needs to be improved. Current regulatory and legal measures to ensure commercial secrecy in Ukraine cannot fully ensure effective legal regulation of the said institute. The need for the adoption of a separate cross-industry normative legal act, which should regulate the issues of creation, use, preservation, disclosure of trade secrets, the definition of trade secrets, their characteristics, conditions of legal protection, the list of information that constitutes/does not constitute a trade secret, has long been overdue. , the emergence of subjects of the right to trade secrets, the possibility of crediting trade secrets to the company’s balance sheet as an intangible asset, the procedure for disclosing trade secrets to law enforcement and control bodies, the responsibility of state bodies for the disclosure of trade secrets, protection and protection of the latter and other issues related to trade secrets information
The growing role of mediation in resolving labour disputes
Authors: Lutsenko О.
Published: September 2023

In the article, the author has emphasized that mediation is faster and easier than litigation, and also brings monetary and non-monetary savings. Monetary savings include the reduction of costs associated with the involvement of lawyers, and the implementation of various procedural and procedural actions. An example of non-monetary savings is the reduction in the amount of stress and anxiety that typically occurs during litigation. And so having a neutral person who can make judicious use of confidential meetings greatly improves the negotiation process. For example, a mediator can provide a necessary reality check by helping the parties assess their strengths and weaknesses.In the article, it has been proved the gradual and decisive increase in the importance of mediation in the resolution of labour disputes, as well as the significant importance of mediation in the USA is given as an example. In the United States, the use of alternative dispute resolution (ADR) by the federal government has increased largely due to the adoption of special laws that direct or encourage the use of this method of labour dispute resolution. Mediation in labour disputes in the US has also become widespread in the private sector.Basic statutes in the US encourage the use of ADR in employment discrimination cases. The National Labour Dispute Resolution Act of 2001 (NEDRA) required, among other things, all federal agencies, courts, and other companies that receive $200,000 or more in federal funds to establish internal labour dispute resolution programs or systems that would provide for voluntary the option of employee access to external certified third parties – mediators for consideration of complaints in labour law matters.The author has concluded that mediation is aimed at solving problems: fixing things for the future replaces focusing on whom to blame for past events. Mediation maximizes autonomy by allowing the parties to maintain confidentiality – to develop an agreement that «tailors» to settle all aspects, guided by the position of each party, and that includes terms that go beyond what a court could decide. Such an agreement can be considered fairer than one imposed by a third party. Mediation thus offers the possibility of an integrative, «win-win» solution that meets the interests and needs of both parties. Mediation often provides an opportunity for emotional catharsis, helps maintain or restore relationships between parties, and provides greater awareness of conflict management
Legal mechanism for the sale and purchase of land as a component of the land market in Ukraine
Authors: Svets O. , Lischinskiy A. , Yaroshyk O
Published: September 2023

The article is sanctified to generalization of legal mechanism of process of purchase and sale of lot lands in Ukraine.On the basis of analysis of normative grounds of purchase and sale of lot lands in Ukraine certainly, that it has a process two sides (auction or agreement), basic signs that determine maintenance of process of purchase and sale of lot land are set: pattern of ownership, subject, that acquires right, terms of the use of lot land, desire of parties of agreement, presence of arrest or other obligations in relation to lot land.Certainly, that more simple and less expense on time procedure of purchase and sale of lot land looks on a civil agreement. Normative principles of process of purchase and sale of lot land are determined as a result of combination of requirements of the Landed code of Ukraine and Civil code of Ukraine.On the basis of analysis of land and civil legislation the actions of salesman of lot land – legal of peculiar subject are systematized - in case of her sale on a civil agreement as an algorithm of actions. It is marked that lot land can be the article of agreement in relation to a purchase- sale only if she answers the requirements of civil legal relationships (presence of cadastre number and registered right of ownership). Attention is accented on the choice of notary and preparation of necessary documents.The authors establishes the multifactorial nature of the process of selling a land plot (or the right to it) at an auction. The authors identifies the entities participating in land auctions and establishes that the main instrument for implementing land auctions is an electronic trading system owned by the State. Based on the generalization of the provisions of the Land Code, the author formulates the procedural procedure for the sale of a land plot on a competitive basis.A comparative analysis of the processes of selling a land plot under a civil agreement and at an auction is made, which shows that the procedure for selling a land plot at an auction is more complicated and time- consuming than when it is sold under a civil agreement with the participation of a notary.The authors emphasizes the importance of the state significance of the procedure for sale and purchase of land plots and rights thereto.
Experience implementation delegated legislation in France
Authors: Lysenko А.
Published: September 2023

The article analyzes the history of the emergence and practice of formation, development and functioning of delegated legislation in France. The practice of implementing delegated legislation in France since the 19th century is analyzed step by step and chronologically. The institution of delegated legislation as a form of government participation in the legislative process in France is studied. Issues related to the procedure and conditions for the delegation of legislative powers in France are being studied. Based on the study of the texts of the French constitution, the legal consolidation of the procedure and conditions for the transfer of part of its powers by the parliament is considered. The methods of delegating legislative powers, the procedure for approving delegated acts and their publication are analyzed. The content of the direct and indirect way of delegating legislative powers is disclosed. The main stages of the delegation of legislative powers in France are highlighted. The practice of the V Republic of France was analyzed, where there were such situations when the President, who is an active subject of delegated legislation, refused to sign ordinances submitted to him by the Prime Minister. It has been established that in French legal literature, ordinances are considered as regulatory acts, or as acts of a mixed nature, that is, regulatory from an organic point of view and legislative from a material point of view. The practice of delegation of state powers in France at the regional and local levels was studied and analyzed, and its positive results were highlighted. The main features inherent in the delegated legislation of France are given. It is concluded that the implementation of delegated legislation in France is conditioned by the need for quick and effective competent regulation of its current legislation and its specification. In turn, delegated legislation gave the opportunity to the Parliament of France and its legislative power in general to concentrate its attention on more important issues not only in the political sphere, but also in the legal and economic sphere.
Criteria for defining an armed conflict in international legal acts
Authors: Popovych Tereziia , Topolnytska Mariana , Vashkovych Victoriia
Published: September 2023

The article is devoted to the analysis of international normative legal acts in the context of determining the criteria for armed conflict. In addition, the authors pay attention to the wording of this concept for the proper qualification of the form of armed violence. The authors also explore the effect of international humanitarian law in the event of an armed conflict, because participants of an international armed conflict are obliged to comply with international humanitarian law applicable in such conflicts. The main sources of international legal regulation of armed conflicts include the so-called “Geneva law” and the “Hague Law”. The category of an “armed conflict” in international relations was first used in the Geneva Conventions of 1949, where, along with the term “war”, the concepts of “international armed conflict” and “non-international armed conflict” are used.In addition, the authors emphasize that the concept of an armed conflict should be distinguished from other related concepts such as war, internal unrest, tensions and acts of violence. The distinction between “war” and “armed conflict” is rather arbitrary. In particular, it is believed that the concept of an “armed conflict” is broader and encompasses the concept of “war”. However, not every armed conflict can be called a war, because war has the following features that are not inherent in an armed conflict: the act of declaring war; severance of diplomatic relations between the belligerent states, which is a consequence of the war declaration; the cancellation of bilateral treaties, especially political ones.The autors think that that today one of the most acute problems in the practice of an international humanitarian law application is the lack of a clear and complete definition of all situations to which its provisions should be applied. Thus, international humanitarian law only describes situations that should be regulated by its norms. At the same time, there are still no clear and unambiguous criteria by which such situations can be identified
Legal protection of police employees
Authors: Loginova M.
Published: September 2023

The article examines certain aspects of the legal protection of police officers. In particular, attention was paid to important aspects regarding the right to protect the honor and dignity of a police officer. 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, performing the function of law enforcement agencies and performing a fairly wide range of tasks to protect the rights and freedom of citizens, therefore the legal protection of employees of this value plays an important role role in the institution. However, to date, the legal protection of police officers remains an unsolved problem that creates obstacles to the development and establishment of stability in society. When analyzing the current national legislation in the field of legal protection of employees of the National Police of Ukraine, it was established that despite the large number of normative legal acts that regulate the legal protection of law enforcement officers and their family members, attention is drawn to the declarative nature of the norms and the optionality of their implementation, as well as the lack of a unified approach to the legal regulation of social protection of the studied category of employees. As a result, despite the fact that the legal protection of employees of the National Police of Ukraine is provided for by a number of normative legal acts, many issues remain unresolved, especially in modern 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 and legal protection and gaps in the national legislation, the elimination of which will give a chance to ensure the full functioning of the newly created and reformed units of the National Police of Ukraine. The task of reform is primarily to ensure consistency between tasks and functions, structure and personnel, and resource provision. Among other important issues is the fair remuneration of Ukrainian police officers, because the safety of citizens and the level of crime detection directly depend on their motivation. Therefore, their payment must correspond to modern threats and realities, ensure stability, and only the law can guarantee this.
Latency as a feature of corruption crime
Authors: Kikalishvili M.
Published: September 2023

The article analyzes latent corruption crime and the problems of its detection, the reasons for its existence and growth. The author emphasizes the importance of studying this issue given the extremely high level of latency of corruption crime, which creates significant problems in combating it. It is noted that when studying the level of natural latency of corruption offenses, it is advisable to use the methodology of criminological stratification of society, but with a large-scale victimization study.

The author also proposes other methods of studying the latency of corruption offenses. The author emphasizes that the list of such methods is not exhaustive. And a more accurate picture of the real indicators of the latency of corruption crime can be obtained only with the integrated application of various methods and comparison of the results obtained.

It is noted that one of the reasons for the latency of corruption crime is a specific relationship in which none of the parties involved is considered a victim or a victimized party, and the party impedes the criminal prosecution conducted by law enforcement agencies so that they do not learn about the commission of a criminal offense.

The author reveals the relevance and importance of combating the latency of corruption crime.

The author concludes that a true assessment of governmental corruption, the extent of corruption, and the nature of corruption helps to make a correct assessment of the situation with corruption and its structure, to predict its possible development and consequences, to formulate effective anti-corruption strategies and tactics, and to identify adequate means of preventing corruption in Ukraine.

The specificity of relations in corruption offenses, specific methods of their commission and related methods of concealment reflect the existing high level of latency of corruption offenses. The latency of corruption is a reason that prevents the detection of such criminal offenses directly during their preparation or commission and does not allow to focus on the specific conditions and circumstances necessary for their elimination. All of these facts significantly complicate the process of detecting corruption offenses, which is characterized by the need to use complex methods and specific tools and measures that differ from those used to detect and prove other types of criminal offenses.
Criminal law protection of state sovereignty as part of the state policy in the sphere of counteraction crimes in the context of the armed aggression of russia
Authors: Kubalskiy V.
Published: September 2023

The article provides arguments regarding the expediency of using the concept of «state policy in the sphere of counteraction crimes», despite the widespread use of the concepts of «criminal law policy» and «state policy in the sphere of combating crime».

The content of the concept of «the state policy in the sphere of counteraction crimes» is analyzed. It has been established that the criminal law protection of state sovereignty belongs to one of the most priority direction of state policy in the sphere of counteraction crime. Russia’s full-scale armed aggression against Ukraine in 2022 makes it necessary to increase the effectiveness of countering сriminally illegal encroachments on state sovereignty.

The article draws attention to the fact that protection of the state sovereignty of Ukraine is ensured not only by the provisions of chapters I, IX, XIV, XV and XX of the Special part of the Criminal сode of Ukraine, which provide for criminal liability for encroachment on state sovereignty. The Act of Ukraine «On sanctions» allows the state to apply special economic and other restrictive measures (sanctions) for the purpose of protecting national interests, national security, sovereignty and territorial integrity of Ukraine, countering terrorist activities.

The author states that, taking into account the need to increase the effectiveness of state policy in the sphere of counteraction crimes in part of criminal law protection of state sovereignty in the context of armed aggression of the russian federation, there is further criminalization of acts and differentiation of criminal responsibility in particular for subversive anti-state activities and actions (encroachments) that are directly aimed at violation, limitation, undermining (weakening) or loss of the state sovereignty of Ukraine, including state sovereignty in the informational, economic and other spheres. It was concluded that the amendments to the criminal legislation adopted after the start of the full-scale invasion of the russian federation in 2022 stimulate the activity of law enforcement agencies in the aspect of preventing and combating specific types of criminal offenses.
Postmortem forensic psychiatric examination in criminal proceedings
Authors: Tyshchenko O.
Published: September 2023

The article reflects the specifics of postmortem forensic psychiatric examination in criminal proceedings. It is carried out a scientific search for the features of this examination in expert-oriented studies and interviews of expert psychiatrists. It is found that the expert assesses the mental state of the deceased person in their absence on the basis of the person’s medical documentation and the materials of the criminal proceedings. It is determined that expertly significant information is not always reliable and sufficient for the expert to fulfill the duties assigned to them. In this case, the expert must use the rules of Part 4 of Art. 69 of the Criminal Procedure Code of Ukraine and refuse to give an opinion. In its turn, the court should perceive the conclusion of the postmortem forensic psychiatric examination as a source of evidence that needs to be carefully checked and evaluated in order to make a legal judgment in criminal proceedings.

Based on the analysis of judicial practice materials, it has been proven that the conclusions of the postmortem forensic psychiatric examination are used in criminal proceedings for the purpose of evaluating: versions regarding the possibility of a person to commit suicide; the mental state of the suspect, the accused, the person against whom coercive medical measures were supposed to be applied, after their death; reliability of testimony or explanations of the victim who died; reliability of testimonies or explanations of a witness who died; the presence in the expert’s actions of the composition of the criminal offense provided for in Art. 384 of the Criminal Code of Ukraine.

It is proposed to standardize the grounds for closing criminal proceedings upon the death of a person for whom coercive medical measures were supposed to be applied and to supplement Paragraph 5, Part 1 of Art. 284 of the CPC of Ukraine by a new subject – a person in relation to whom the application of coercive medical measures was intended. It is established that criminal proceedings regarding the use of coercive medical measures cannot be closed on the basis of Paragraph 2, Part 1 of Art. 284 of the CPC of Ukraine in the absence of the subject and the subjective party of the criminal offense.
Legitimacy of the judiciary: theoretical and methodological aspects of its assessment
Authors: Ukrainets O.
Published: September 2023

The article examines the theoretical and methodological aspects of assessing the legitimacy of the judiciary, in particular in the context of the formation of relevant criteria.

It was determined that the lack of legitimacy occurs only in the absence of legality, that is, in the case when judges or the court carry out their activities on illegal grounds or with a gross proven violation of the law. In all other cases, the degree of legitimacy of the judicial branch of government should be assessed, which in turn will open up new approaches and ways of improving the effectiveness of the organizational and legal support for the implementation of the judiciary.

In addition, the activities of the judicial branch of government should be aimed at increasing the level of its own legitimacy, and therefore the trust of the society, because otherwise the resolution of legal conflicts will take place in another way, not by going to court , which reduces the authority of the state mechanism as a whole. Based on the analysis, it was determined that one of the criteria for the legitimacy of the judicial branch of government should be the quality of the judicial administration system, which is expressed in quite specific measures that would simplify access to the judiciary and monitoring the progress of its dispatch with the use of modern information and analytical technologies and tools.

Conclusions were formed, which are that most of the analyzed modern approaches to the assessment of the legitimacy of the judiciary are related to the criteria for determining the quality of the administration of justice, which are scattered in various documents, in particular of the international level. As for the content of the criteria for such an assessment, the most common include: level of trust in the court; the quality of the judicial administration system; the level of satisfaction with the work of the court by the participants in the trial; conformity of court actions and decisions with legal norms; objectivity of the learning process, correctness of its result; independence and impartiality of the court during the resolution of legal cases, which is consistent with the observance of the relevant principles enshrined in the legislation.
Legal regulation for sale of goods and supply digital content in EU – analysis of novelties of new EU directives
Authors: Poperechna H. , Savanets L.
Published: September 2023

This article is devoted to the study of new legislative instruments of the European Union in the field of unification of European contract law, namely: Directive 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods and Directive 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services of 20 May 2019. Considerable attention is paid to the study of the novelties of these legal acts, including: determining the compliance of goods, digital content and digital services with the terms of the contract, researching and establishing the criteria for such compliance, and identifying additional information obligations of the seller and supplier of digital content, digital services and goods with digital elements.

Particular attention is focused on the seller’s (supplier’s) obligations to periodically update the buyer’s (recipient’s) software in order to ensure the functioning of digital content (goods with digital elements) throughout the entire term of the contract, in accordance with its terms.

The authors analyze the presumption of non-compliance of goods with the terms of the contract and prove that the burden of proof of compliance of the transferred goods with the terms of the contract rests with the seller (supplier).

The article pays special attention to the issues of personal data protection, monetization of personal data of the buyer (recipient) of digital content and digital services.

The authors analyze the ways of protecting the violated rights of the buyer (recipient), and study the environmental friendliness of the legal provisions of the new directives in the field of restoration of the violated rights of the buyer in case of failure to transfer goods, goods with digital elements, digital content, or transfer of goods that do not comply with the terms of the contract.

The authors conclude that, given the problems and prospects for the development of the circular economy, and with a view to determining the disproportionality of the remedy chosen by the buyer, it is advisable to enshrine in the legislation on sale and purchase the requirement to take into account the impact of this remedy on the environment.
Foreign experience of personal data protection in social networks
Authors: Kravchuk V.
Published: September 2023

The article analyzes the protection of personal data based on foreign experience. Social networking has been identified as one of the most prominent cultural phenomena to emerge in the Web 2.0 era. They keep users connected and facilitate the exchange of information between them.

The European Union has adopted a new personal data protection system called the General Data Protection Regulation (GDPR). Its main goals include providing individuals with tools to control their personal data, implementing modern standards for the protection of personal information, developing the digital space of the European Union to safeguard personal data, ensuring strict compliance by all parties, and providing legal support for the international transfer of personal information.

United States legislative documents related to aspects of data protection and privacy were analyzed, namely: California Consumer Privacy Act (CCPA); Children’s Online Privacy Protection Act (COPPA); Health Insurance Portability and Accountability Act (HIPAA); State data breach notification laws.

It is noted that China has a comprehensive legal framework that regulates the protection of personal data, and includes the following legal acts: Personal Information Protection Law (PIPL) and Data Security Law (DSL).

Conclusions were made that the urgency and importance of protecting personal data in social networks is due to rapid technological progress, the growth of cyber security threats and the spread of these platforms. By protecting personal data, people can maintain privacy, prevent abuse, maintain user trust, reduce risk, and comply with legal obligations. The issue of ensuring mobility and interoperability in social networks gives particular importance to the protection of personal data, as it relates to this particular data, and not just to technology, as it may be in the telecommunications sector. This requires additional thought and measures to ensure privacy and data security. Therefore, when developing legal protection mechanisms for online social networks, it is necessary to take into account and solve problems related to the protection of personal data.
Estado actual y retos para la movilidad en el municipio de Huixquilucan en un contexto metropolitano
Authors:   , García Monroy Omar José
Published: September 2023

En el municipio de Huixquilucan, durante el periodo de 2009 a 2020 se configuraron diversos problemas de movilidad urbana, por los cuales surgieron una serie de tensiones y nuevos actores urbanos. De tal forma, el presente trabajo tiene como objetivo explicar la movilidad, los procesos generales y los mecanismos que se implementaron en las políticas del transporte de este municipio en dicha etapa. Se analizarán conceptos técnicos y teóricos para comprender el contexto de movilidad en la Zona Metropolitana del Valle de México. En el capítulo uno se explicará la estructura físico- espacial y sus actividades en el territorio. Con este proceso se demuestran dos tipos la física que tiene que ver con las características propias del territorio y sus estructuras de redes de caminos. También lo espacial que tiene que ver el comportamiento del proceso de urbanización sus leyes, normas y reglamentos, así como su sociedad, para demostrar este punto se realiza un análisis urbano a nivel económico con AGEBs urbanas con base a información del INEGI, para entender la jerarquía de las urbes y los lugares centrales en la formación metropolitana, mostrando variables e indicadores que expliquen las características sociodemográficas y económicas del municipio. En el capítulo dos se estudia la movilidad en el Municipio de Huixquilucan, los sistemas de movilidad urbana y se demuestra con la encuesta origen y destino la movilidad del municipio en su contexto metropolitano. Posteriormente, en el capítulo tres se expondrán los planes de desarrollo urbano y los programas de movilidad municipales para analizar los aportes y vacíos en los planes de desarrollo urbano, los cuales, lejos de ser funcionales, resultan un impedimento de la aplicación de los programas. Asimismo, se analizará la producción de las obras públicas referentes a las deficiencias en la infraestructura vial y las acciones gubernamentales en las políticas públicas del periodo 2009 a 2020. Finalmente, se hará explícita la necesidad de nuevos estudios técnicos para la elaboración de propuestas en el tema de movilidad en el municipio de Huixquilucan.
Diseño de la interacción y usabilidad en una app de ajedrez, que considera los estudios en videojuegos, decreciendo la deserción de niños en torneos en línea
Authors:   , Guillermo Hiriart Camacho
Published: September 2023

Starting from the educational contributions that the practice of chess has in the Mexican children, and the problems derived by the Covid-19 pandemic, children's tournaments found it necessary to move to their online version using different applications with this option where the main applications were designed for adults. A gradual dropout in the participation of children is ruled out, therefore, the prototyping of a web app for virtual chess matches designed for children as the main user is proposed. Considering this, the objective of this project is to delve into user experiences: interaction and usability. These concepts must be kept in mind while building a web application from the beginning when the idea is conceptualized and the operation is considered, it is essential to allow designers to anticipate their proposals solving problems that are normally visible in the test stage causing delays in the launch of a nearly finished platform, it can also cause a reconsideration of the platform or patch the code to save the work done. Thus, this research is based on studies in video games to understand the mechanics, dynamics, and aesthetics applied to understand the differences between face-to fase tournaments versus virtual ones. In addition to the analysis of the applications used to hold tournaments, video games used by this public with similarities to online tournaments are also observed, as well as in interviews with experts, surveys and focus groups with segmented communities. This is to define a usability design of the process companion and identify driving moments that improve human-computer interaction, achieving a viable prototype, improving the user experience and their permanence in participation in online tournaments.
University Students' Employment Anxiety and Ways of Coping in the Context of Incomplete Learning During the Pandemic Period: A Qualitative Research
Authors: Bozgeyikli Hasan , Boğazlıyan Emre Emrullah , Avşaroğlu Selahattin
Published: September 2023

University students' employment anxiety is affected by economic crises, pandemics, lack of experience, incomplete learning, unemployment rates of the country, the department of study, occupational goals and environmental factors of individuals. This study aims to determine which factors affect university students' employment anxiety and to explore the impact of learning losses experienced during the pandemic on employment anxiety and the coping strategies developed by students. For this reason, qualitative research method was used in the current study. In the research, categories and codes were created using the Maxqda 2022 package program. Research data were collected through two different methods: focus-group interviews and semi-structured interviews. The sample of the study consisted of 16 participants, 9 female and 7 male. As a result, in addition to individual and environmental factors, incomplete learning experienced with the pandemic period affects university students' employment anxiety, and students have developed various ways of coping with them.
What affects the choice of forestry profession by Ukrainian students?
Authors: Zibtseva Olha
Published: September 2023

Abstract

Currently, Ukraine is outlining a problem with the recruitment of students to the Faculty of Forestry. The solution to this problem is possible only if the necessity of transformation of the forestry industry and the corresponding transformation of the forestry education system are realised. Based on the study of scientific literature, the main motivating factors, according to which future students decide to become foresters, were identified. These factors were included in a questionnaire offered to first-year forestry students. The results of the questionnaire were compared with the data from the scientific articles. As a result, some aspects to pay attention to in order to increase the attractiveness of forestry as a field of study were identified. It was found that the predominant motivating factors for choosing a forestry profession are enjoyment of nature, recreation in nature, spending time in the fresh air, concern for the environment and interest in forests. Salary of forestry specialists proved to be the strongest factor for hesitation in choosing the profession. The next step of our research will probably be to investigate the opinion of Ukrainian students about the quality of educational programmes.