bluuebunny/crossref_metadata_2025 huggingface dataset:
Phronesis, meta-emotions, and character education
Authors:   University of Birmingham, Kristjánsson Kristján
Published: September 2023

Despite the recent interest in phronesis (practical wisdom), and the creation of a four-componential model to unpack its nature, various puzzles (philosophical, psychological, and educational) remain about those components, not least the proposed one of emotion regulation. This paper introduces four remaining puzzles about this component and provides a brief overview of possible responses, based on Aristotle’s texts. However, given Aristotle’s own naturalistic method, in which ethical theorising must be constantly updated in light of empirical findings, the paper suggests that Aristotle’s texts only take us thus far and that we need to draw on contemporary psychological sources for further enlightenment. The paper therefore invokes research from the last quarter of a century about so-called meta-emotions. This research is relevant given the meta-status of phronesis as an integrative virtue. Some of the possible implications of this research for an understanding of the emotional component of phronesis are elicited, as well as how it can be cultivated as part of character education.
Comparative Effectiveness of Aspirin Dosing in Cardiovascular Disease and Diabetes Mellitus: A Subgroup Analysis of the ADAPTABLE Trial
Authors: Narcisse Dennis I , Kim Hwasoon , M. Wruck Lisa , L. Stebbins Amanda , Muñoz Daniel , Kripalani Sunil , Effron Mark B. , Gupta Kamal , Anderson R. David , Jain Sandeep K. , Girotra Saket , Whittle Jeff , Benziger Catherine P. , Farrehi Peter , Zhou Li , Polonsky Tamar S , Ahmad Faraz S. , Roe Matthew T. , Rothman Russell L. , Harrington Robert A. , Hernandez Adrian F , Jones W. Schuyler
Published: September 2023

Background: Patients with diabetes mellitus and concomitant atheterosclerotic cardiovascular disease (ASCVD) must be on the most effective dose of aspirin to mitigate risk of future adverse cardiovascular events.

Methods: ADAPTABLE, an open-label, pragmatic study, randomized patients with stable, chronic ASCVD to 81 mg or 325 mg of daily aspirin. The effects of aspirin dosing was assessed on the primary effectiveness outcome, a composite of all-cause death, hospitalization for myocardial infarction, or hospitalization for stroke, and the primary safety outcome of hospitalization for major bleeding. In this pre-specified analysis, we used Cox proportional hazards models to compare aspirin dosing in patients with and without DM for the primary effectiveness and safety outcome.

Results: Of 15,076 patients, 5,676 (39%) had DM of which 2,820 (49.7%) were assigned to 81 mg and 2,856 (50.3%) to 325 mg of aspirin. Patients with vs. without DM had higher rates of the composite cardiovascular outcome (9.6% vs 5.9%, p < 0.001) and bleeding events (0.78% vs 0.50%, p < 0.001). When comparing 81 mg vs. 325 mg of aspirin, patients with DM had no difference in the primary effectiveness outcome (9.3% vs 10.0%; HR 0.98; 95% CI 0.83-1.16, p = 0.265) or safety outcome (0.87% vs 0.69%; subdistribution HR 1.25; 95% CI 0.72 – 2.16, p = 0.772).

Conclusions: This study confirms the inherently higher risk of patients with DM irrespective of aspirin dosing. Our findings suggest higher dose of aspirin yields no added clinical benefit even in a more vulnerable population
Analise acerca de tribunais jurisdicionais a partir da teoria do trilema judicial
Authors: Romling Rotheia Andrade Mariana
Published: September 2023

Este ensaio pretende analisar, a partir da aplicação da teoria do trilema judicial dos professores Jeffrey L. Dunoff e Mark A. Pollack, o funcionamento do Tribunal Penal Internacional (TPI) e do Supremo Tribunal Federal (STF). Essa teoria foi desenvolvida a priori para entender o funcionamento das cortes internacionais, mas que se estendeu para o estudo das cortes supremas nacionais, como a Suprema Corte dos Estados Unidos que os autores analisam. Com o propósito de estender o emprego dessa teoria nos estudos de direito internacional e constitucional, o presente ensaio propõe analisar o TPI e a suprema corte brasileira. Para isto, antes é apresentada a teoria do trilema judicial, além das suas bases metodológicas e teóricas, para depois tratar dos dois casos que este ensaio pretende analisar. Como objetivo secundário, o presente ensaio busca difundir a teoria do trilema judicial para o público de outras áreas das ciências humanas e sociais aplicadas, não se restringindo aos estudiosos de cortes internacionais e do direito internacional.
GIS-based Spatial Analysis of the Evolution of Residential Developments; A Case-study of Sulaimani city, Iraq
Authors: Mohammed Shaimaa Sarwar , Rasul Hoshyar Qadir , Mohammed Hussein Darweesh 
Published: September 2023

This research is aimed at visualizing the historical evolution of residential landuse development of Sulaimani city based on GIS spatial analysis with the input of all of the relevant available data in various formats in order to determine the form of the city according to morphological classifications discussed in the literature of urban planning. Essentially, following the collection of data, processing, review of relevant literature and applied methods, this study draws a timeline for the spatial evolution of the city of Sulaimani in addition to constricting a spatial grid for morphological comparison of different growth stages and analysis on multiple aspects. Moreover, a number of criteria were established to evaluate spatial patterns based on published theories in the field of landuse urban planning. These indicators were formulated in a questionnaire survey and determined the main aspects of the city through visualizing the process of historical evolution up to modern date. Finally, the study presents transformations and addresses current issues, as well as recommends a number of possible solutions for residential landuse development in the city of Sulaimani.
PENGARUH TAX AVOIDANCE TERHADAP SALARY DISTRIBUTION
Authors: Ekaristi Clara Yully Diana , Apip Apip
Published: September 2023

Studi ini mengkaji dampak pengumpulan pajak pada distribusi pendapatan di sektor properti dan real estat Indonesia. Penelitian ini menggunakan Teknik purposive sampling dengan mengambil sampel 65 perusahaan di Bursa Efek Indonesia dari 2019-2020. Hipotesis ini diuji melalui penerapan metode regresi linear ganda. Penelitian ini menunjukkan bahwa tidak ada pengaruh signifikan secara statistik dari penghindaran pajak pada distribusi gaji. Ukuran dan usia perusahaan, serta modalnya, memiliki pengaruh signifikan secara statistik dan positif pada distribusi upah. Sebaliknya, komite audit dan return on equity (ROE) memiliki pengaruh negatif yang signifikan secara statistik pada distribusi gaji. Pentingnya peran modal dalam pendapatan pengangguran telah terbukti secara signifikan dan memberikan manfaat yang substansial. Variabel Return on Asset (ROA), likuiditas, leverage, pertumbuhan, dan upah akumulasi menunjukkan pengaruh positif pada distribusi upah, tetapi tidak signifikan secara statistik. Temuan ini menunjukkan bahwa tidak ada pengaruh yang signifikan secara statistik dari kenaikan Debt to Equity Ratio (DER), Cash Effective Tax Rate (CETR), Effective tax rate (ETR), ave wage, dan pendapat auditor pada distribusi upah.
Effect of oxidized graphene addition on diesel fuel quality parameters
Authors: Górska-Włodarczyk Wioletta , Bogdanowicz Zdzisław
Published: September 2023

The effect of oxidized graphene on the quality parameters of diesel fuel for transport was examined in this ‎study. The research covered base diesel fuel and diesel fuel containing an additive package. ‎Both tested fuels contained no biocomponent. The method of preparing a stable mixture of ‎graphene material in each tested diesel fuels was developed for research purposes. ‎Then, for the fuel samples prepared in this way, tests of quality parameters specified in EN ‎‎590 [1] were performed, and the test results were related to the criteria indicated in the ‎mentioned standard. For parameters where it was technically possible to perform the ‎determination, the results showed the influence of the graphene material on the content of ‎solid impurities, oxidative stability and lubricity. For fuel samples containing oxidized ‎graphene, the stability of the mixture under storage conditions was also examined.
The Genesis of Legal Consolidation and Provision of Access to the Information in Ukraine
Authors: Kmetyk-Podubinska K.I.
Published: September 2023

The article examines the question of the formation and evolution of the development of the right to access to information in Ukraine. The study of transformations and modern trends in the field of access to information is important for understanding the essence and directions of development of this right, which is particularly significant in the realities of the modern information society.The author notes that the problem of access to information in Ukraine has ancient historical origins and is organically connected with the understanding of the phenomenon of information in general and its role in the civilizational development of Ukrainian society. That is why the purpose of the article is to study the genesis of legal consolidation and provision of access to information in Ukraine.The optimal methodological basis for research is a complex of philosophical and worldview approaches to the study of the genesis of legal consolidation and provision of access to information in Ukraine, general scientific and specifically legal methods. Methods of analysis, synthesis, deduction, induction, historical-legal, terminological, hermeneutic-legal and comparative-legal methods were used.The article traces the history of legal consolidation and provision of access to information in Ukraine. The main periods of the development of the right to information are clarified, in each of which the peculiarities of approaches to understanding the meaning of information and ensuring access to it are investigated. Emphasis is placed on the issue of access to information in the context of freedom of speech, thought and press, as well as censorship as a way of controlling and limiting freedom of information in Ukraine.The author concluded that the modern state is not perceived in meaningful isolation from human rights, one of the most important of which is the right to information and access to it. This right has a long history, inseparable from the history of the institution of human rights and freedoms. Under the influence of different historical stages of society, the understanding of the right to access to information had its own characteristics. The leading trend in the development of access to information was the constant attraction to expansion, legal protection and guarantee, which is conceptually embodied in the norms of modern domestic legislation.
Ensuring the freedom of entrepreneurial activity, not prohibited by law: to the question of the rights of military personnel and the state’s obligation
Authors: Medvid L.
Published: September 2023

The article provides a substantive analysis of national and foreign legislation regarding employment the entrepreneurial activity by military personnel. It was found that Ukraine categorically restricts the right of military personnel to engage in entrepreneurial activities, but the experience of foreign countries (USA, Germany, Poland, France) indicates the permissibility of a person combining the legal status of a military personnel and engaging in entrepreneurial activities, provided that the requirements of the law are met. It has been established that the national legislation, regulating the restrictions for servicemen regarding their business activities, prohibits servicemen from engaging in «other paid activities», but does not specify what kind of activity it is. There is a justified need to supplement the Law of Ukraine «On Social and Legal Protection of Servicemen and Members of Their Families» with Article 9-2 «Regarding the Employment of Servicemen in Other Paid Activities», in which it is necessary to specify that military officials of the Armed Forces of Ukraine and other military formations established in accordance with the laws can engage in: a) teaching, scientific and creative activities, medical practice, instructional and refereeing practice in sports under the conditions defined by legislation; b) other paid activity under the terms of the employment contract with the written permission of the commander, provided that such activity will not negatively affect the performance of official duties and will not exceed twenty hours a week.It was concluded that Ukraine, in order to provide adequate material support for military personnel, is obliged to grant the right to military personnel to engage in certain types of entrepreneurial activity, because modern technologies allow doing entrepreneurship even remotely, or to establish such financial support, which should be adequate not only during the period of the legal regime of military of the state, but also of peacetime. It is proposed to supplement the Law of Ukraine «On Social and Legal Protection of Servicemen and Members of Their Families» with Article 9-2 «Regarding Employment of Servicemen in Other Paid Activities», which defines a list of other types of activities that servicemen may engage in with the written permission of the commander, provided that such the activity will not negatively affect the performance of official duties.
Peculiarities of control in the sphere of intellectual property rights implementation
Authors: Kapitanenko N.
Published: September 2023

The article analyzes the peculiarities of control in the sphere of intellectual property rights implementation. It is determined that relations in the sphere of intellectual property rights implementation require proper control in order to ensure the guarantee of everyone’s freedom of intellectual activity and the right to its results.It is noted that control is characterized by the following features: the main purpose of control is to ensure legality and discipline in management; control is exercised by bodies representing all branches of government (legislative, executive, judicial) and the public; forms of control implementation are inspection, request for reports, explanations, etc.; systematic and continuous control of the activities of entities operating in the field of intellectual property law; unhindered visit by the controlling body to the object subject to control; the right of the controlling body to intervene in the operational activities of the controlled object; issuing mandatory prescriptions in the process and according to control results; the right to apply administrative enforcement measures to offenders based on control results.In the process of research, the peculiarities of control as a phenomenon in the sphere of intellectual property rights implementation were specified, namely: control is an independent function of management; a wide scope of social relations regulation, a large number of intellectual property law objects; control takes place at each stage of the activity of the subjects of legal relations in the specified sphere; control is one of the ways to ensure legality and discipline in the sphere of intellectual property rights implementation; implementation of control by state inspectors on intellectual property issues; a combination of state and public control, which corresponds to the principles of public administration and contributes to the formation of civil society.It is argued that the essence of control in the sphere of intellectual property rights implementation consists in establishing the compliance of the activities of the subjects of intellectual property law and other participants in legal relations in the specified sphere with the prescribed regulations through verification by state authorities, in accordance with their specified powers, and by the public.
The reservation of the right to participate in public procurement procedures for social and professional integration of veterans and other disadvantaged persons as a legal means of promoting justice in society
Authors: Malolitneva V.K. , Dzhabrailov R.A.
Published: September 2023

The present article is dedicated to the potential use of public procurement as a means of establishing justice in society and the implementation of social policy goals, particularly regarding the professional and social integration of war veterans and other disadvantaged persons. It is emphasized that one of the mechanisms for realizing these goals is the reservation of the right to participate in public procurement for certain categories of economic operators. The paper highlights the experience of the EU in reserving the right to participate in procurement, as provided for in Article 20 of Directive 2014/24/EU on public procurement. Special consideration is given to the fact that the use of the concept of “indigent persons” in translations of Directive 2014/24/EU into Ukrainian narrows the purpose of this norm. Therefore, it is proposed to use the concept of “disadvantaged persons” along with the concept of “disabled persons”. The authors suggest envisaging in the Law of Ukraine “On Public Procurement” a provision regarding the reservation by contracting authorities of the right to participate in procurement for specified economic operators, with the purpose of promoting the social and professional integration of disabled and disadvantaged persons. Furthermore, the authors propose the possibility of such reservation in the context of implementing relevant sheltered employment programmes as it is provided by the Directive 2014/24/EU. Based on the experience of the EU Member States, it is concluded that war veterans, as defined in the Law of Ukraine “On the Status of War Veterans, Guarantees, and Their Social Protection”, can be covered by the concept of “disadvantaged persons” and can benefit from the reservation of public procurement contracts. It is proposed not to define the list of disadvantaged persons as exhaustive, considering that in the conditions of war and post-war reconstruction, such individuals may include family members of fallen soldiers, women and young people returning from abroad, internally displaced persons, and others based on the priorities of post-war reconstruction in Ukraine. It was emphasized on the important requirement for economic operators to use the right of participation in reserved procurement, in particular the main purpose of their activity, which can be confirmed – social and professional integration of war veterans or other disadvantaged persons. Furthermore, suggestions have been developed to ensure non-discrimination and compliance with international obligations when introducing provisions regarding reserved procurement contracts in domestic legislation.
Mediation services for resolving business disputes
Authors: Petrunenko Ia.
Published: September 2023

The article examines the issue of online business dispute resolution (ODR) as a legal phenomenon. Special attention is paid to the analysis of online platforms that have proven themselves positively. Examples of domestic developments are also given. In modern conditions caused by globalization, the disappearance of borders and the formation of the world Internet community, the legal sphere undergoes transformations for effective functioning. The technological revolution, especially after the increased interest in Bitcoin, has opened up new opportunities for alternative dispute resolution in the online environment. Online mediation, online arbitration and even arbitration using the blockchain technology used in cryptocurrency have appeared. These forms of ODR are becoming increasingly popular. In situations where regulatory rules are created in the Internet space without the use of public legal instruments, self-regulation of relations on the Internet occurs. Often, such a process arises due to the need to regulate new objects of social relations, which at the state or transnational level can take a lot of time. The resolution of business disputes through online platforms is particularly relevant in connection with the Russian war of aggression, which significantly complicated the work of the courts.Thus, Internet service participants can create their own rules, and to ensure their functioning and protection, an online dispute resolution institute is necessary. The article defines the concept of ODR and analyzes its characteristics. Specific examples of the use of ODR in the practice of well-known Internet companies are also given. Advantages and disadvantages of ODR are considered, factors affecting the effectiveness of this method of dispute resolution are analyzed. The article also describes the types of online dispute resolution, in particular, online arbitration, online mediation and online negotiations are considered in detail. On the basis of the conducted research, a conclusion is made about the prerequisites for the development and popularization of online dispute resolution and the importance of ODR for self-regulation of relations is emphasized.
Organizational and legal models of operational implementation of international aid to Ukraine
Authors: Prypolova L.I. , Korniienko V.O.
Published: September 2023

The article examines the new organizational and legal formats of control, assessment and reporting (accountability) of the provision of defense forces within the framework of international aid to Ukraine. The position of foreign partners of the «Ramstein» group, who worked on adapting the American practice of accountability to the combat environment in Ukraine with the help of expanded financial and legal reporting mechanisms and field inspections, is noted.Peculiarities are considered and organizational and legal models of operational implementation of international aid to Ukraine controlled by USAID (US Agency for International Development) are schematically displayed. Attention is focused on the fact that the peculiarity of the operational financial implementation of international aid to support the defense forces of Ukraine is that USAID provides direct budget support through the World Bank mechanism, which provides the most efficient way to quickly deliver urgently needed funds with a high degree of accountability. The reverse control (through the final accounts according to the destination) is carried out by the international consulting company “Deloitte” (one of the four largest audit companies in the world with headquarters in London) to confirm that Ukraine uses the international aid from the USA as intended.The peculiarities of the organizational and legal model of providing international aid through investment in the Ukrainian economy with the implementation of operational and legal control mechanisms are described and schematically depicted. Namely, it is specified that the American Development Finance Corporation (hereinafter - DFC) cooperates only with carefully verified investor clients, and investments and all potential business partners are checked for possible corruption risks according to developed individual programs based on general financial reporting. Due diligence involves representatives of the US Agency for International Development and the US Department of the Economy, who are in Ukraine to speed up due diligence and find new opportunities through the Advantage Ukraine project.It was concluded that the introduction and functioning of new models of providing international aid with the implementation of mechanisms of operational and legal control ensures a multi-level system of financial and legal accountability, which generally meets the requirements (standards) for the provision of defense forces within the framework of international aid.
Features of the codification works on the Josephine Code of 1787
Authors: Savuliak R.V.
Published: September 2023

The author considered the peculiarities of the codification process of concluding the Josephine Code of 1787 in the Habsburg monarchy. At the same time, first of all, the state of the scientific research of the specified problem was analyzed both in the science of the history of Austrian law, in the 19th century and in modern, as well as in Ukrainian historical and legal science. The article reveals the prerequisites for concluding the Josephine Code as a result of the revision of the Draft of Codex Theresianus of 1766. The main focus of the study is on highlighting the stages of long-term codification work on the Josephine Code, namely, such as: presentation of expert comments on the Draft, lectures-responses to them by the Legislative Commission under the leadership of Hofrat Zenker, remarks of the conceptualist of the State Council Johann Bernhard Horten on these lectures-responses, consultations-discussions of the Draft in the State Council and consultations of the Legislative Commission headed by J.-B. Horten.The article provides examples of opposition to the adoption of the Josephine Code, in particular the demand for the complete abolition of Roman law as the source of law of the Habsburg monarchy. Particular attention is paid to the legal and technical guidelines, principles of such revision established in the patent of Empress Maria Theresa on the revision of the Draft of Codex Theresianus of 1772.The author revealed the influence of Emperor Joseph II on the final adoption of the first part of the Josephine Code (on personal law), which provided for the rights of individuals and, most importantly, regulated marriage and family law, namely the relationship between spouses and parents and children, as well as the institution of guardianship. In addition, the article describes the structure of the first part of the Code. Moreover, the author clarified the peculiarity of the name of this legislative act and clarified the name of its original source. In conclusion, the author substantiates the historical and legal significance of the Josephine Code.
The peculiarities of codifying special conditions for exemption from criminal liability for the threat of committing a terrorist act
Authors: Dovhaliyk Y.
Published: September 2023

Considering the events currently taking place in Ukraine, such as the annexation of the Autonomous Republic of Crimea and the city of Sevastopol by the Russian Federation, as well as the full-scale invasion initiated by the aggressor state eight years into the Russian-Ukrainian war, it is worth noting that these circumstances have led to an increase in terrorism incidents in Ukraine.According to a comprehensive study by the University of Maryland, Institute for Economics and Peace: Global Terrorism Index, Ukraine ranks 17th in terms of terrorism levels among 160 countries surveyed. Therefore, in the current reality, research on criminal offenses, particularly terrorist acts, is highly relevant. The codification of criminal liability for such a criminal offense has become particularly important today, as this crime undermines both public security and the security of the state as a whole.This article examines the peculiarities of codifying special conditions for exemption from criminal liability for the threat of committing a terrorist act. The article analyzes the legal aspects of this issue, taking into account the problems that may arise in the application of the provision that allows for exemption from liability for the commission of a terrorist act.The author focuses on the presentation of Part 6 of Article 258 of the Criminal Code of Ukraine in its current version, which pertains to the exemption of a person from criminal liability for the threat of committing a terrorist act.In exploring the conditions for exemption from liability for the threat of committing a terrorist act, as set out in Part 6 of Article 258 of the Criminal Code, attention is drawn to the presence of circumstances a terrorist act, as set out in Part 6 of Article 258 of the Criminal Code, attention is drawn to the presence of circumstances that must be taken into account when applying this provision.The article provides a comparative analysis of the provisions of Part 6 of Article 258 of the Criminal Code, which provides for exemption from criminal liability for the threat of committing a terrorist act, and Article 45 of the Criminal Code, which provides for exemption from criminal liability based on effective repentance. It also identifies the differences in the content of these provisions.
American experience of combating illegal, unregistered and unregulated fishing (based on the example of prohibitions in the states of California and Florida)
Authors: Kamensky D.V.
Published: September 2023

The article examines modern approaches to the criminal law protection of fish stocks in some American states. Particular attention is paid to the large-scale problem of illegal, unregistered and unregulated fishing in the world and approaches to solving this problem in the United States, both at the federal and local levels. From the viewpoint of American law enforcement practices, encroachments related to pollution or depletion of environmental objects are in many ways similar to manifestations of white collar fraud, on the other hand, crimes against fauna (both land and water) are in many ways reminiscent of drug trafficking and smuggling schemes that determines the specificity of their investigation. For the sake of clarity of the presented regulatory material, an example from law enforcement practice is highlighted, which emphasizes peculiarities of the criminal-legal assessment of the actions of American citizens guilty of illegal fishing of reef fish, as well as the justified severity and rationality of the punishment assigned to them.The relevant provisions of the legislation of the two states are considered separately. The differences in regulation of the extraction of aquatic bioresources in the states of California and Florida are emphasized. In particular, it is shown that the Florida legislator delimits the illegal fishing of marine and freshwater fish species in the relevant prohibitions. The approach to the “parallel” criminal law protection of wild animals and fish (also molluscs and crabs) within the framework of a single ban is characterized as different from the national one. Taking into account materials of judicial practice, the readiness of American courts and law enforcement agencies to go, in some cases, beyond the borders of national jurisdiction during criminal prosecution of large-scale illegal fishing practices in internal waters of other countries has been demonstrated.The example of the relevant regulatory regulation in the state of Florida shows a specific system of increasing the severity (and the amount of punishment) of the relevant environmental tort within four degrees depending on the presence of specific aggravating circumstances.
International legal documents aimed at preventing the concealment of offenses
Authors: Likhovitskyy Ya. , Dovba T.
Published: September 2023

In this article, an analysis is conducted of a range of international normative and legal instruments aimed at preventing the concealment of offenses. By scrutinizing international normative and legal acts and documents of international governmental organizations such as the United Nations, the Council of Europe and its Group of States against Corruption (GRECO), and others, the most influential and effective tools for preventing the concealment of offenses are identified. The analysis traces the trends in the development of international norms and their orientation towards addressing shortcomings and inadequate control mechanisms.The primary objective of this work is to emphasize the significance of implementing and effectively implementing international normative and legal acts to prevent the concealment of offenses in Ukraine. It is noted that technological advancements and increasing international connectivity necessitate enhanced cooperation between countries and the improvement of tools for detecting, investigating, and halting human rights violations, corruption, cybercrime, and other offenses.Within the scope of this article, the effectiveness and results of international normative and legal acts in preventing the concealment of offenses are examined at various levels: national, regional, and global. The influence of global political, economic, and socio-cultural factors on the effectiveness of monitoring and implementing these acts is highlighted. The role of civil organizations and activists in supporting and monitoring compliance with international norms is also investigated.Preventing the concealment of offenses is a process that requires joint efforts and the harmonization of legal systems in different countries. The article attempts to identify gaps in international normative and legal instruments and proposes measures for their further improvement. This work seeks to underscore the importance of cooperation among states, which will ensure the effectiveness of combating the concealment of offenses and promoting justice worldwide.
Regional land resettlement organization: causes of creation and main consequences of its activity (1908–1918 years)
Authors: Selikhov D.
Published: September 2023

The article is devoted to the agrarian migrations of Ukrainians, caused by the agrarian crisis at the end of the 19th century, the agrarian policy, which since April 1906 in the Russian Empire was entrusted to the new Prime Minister P. Stolypin. In order to prevent social conflicts, the local administration and self-governing bodies of the Ukrainian provinces of the Dnipro region offered his government their help in organizing mass migrations from the European part of the empire to the territory of the eastern outskirts of the empire, in particular to Siberia, the Far East and the steppes of Central Asia.It reviews the activities of the Regional Zemstvo resettlement organization in the field of peasant resettlement from Poltava and other provinces of the Dnipro region. Attention is drawn to the fact that, in addition to the regional resettlement organization created in June 1908, in fact, there are several other independent bodies dealing with resettlement issues, such as: peasant institutions represented by land chiefs; land management commissions; Zemstvo. Regional Zemstvo resettlement organization in 1911 p. was renamed the South Russian Regional Zemstvo Resettlement Organization. The resettlement policy of the Zemstvos is assessed as disappointing, if only because they had no administrative power, acting, as a rule, in the role of beggars. In the case of the Zemstvo participating in the organization of mass resettlement of Ukrainians, the situation in this area would be even worse, which gives grounds for a positive assessment of the desire of the Zemstvos, which were part of the Regional Zemstvo Resettlement Organization, to provide assistance, both on the road and, especially, in colonization areas.Emphasis is placed on the excessively high price that Ukrainians paid for the development of new lands at the beginning of the 20th century, because it turned out to be similar to the price of the industrialization of the USSR in the 30s of the 20th century, which was accompanied by millions of victims.
Organized crime in the field of illegal trafficking of narcotic drugs, psychotropic substances or their analogues as an object of criminological research
Authors: Solovey V.
Published: September 2023

The article describes organized crime in the field of illegal trafficking of narcotic drugs, psychotropic substances or their analogues as an object of criminological research. It was established that organized crime in the sphere of illegal trafficking of narcotic drugs, psychotropic substances or their analogues in Ukraine is characterized by a hierarchy, a strictly and clearly organized, planned system of interconnected criminal activity of individuals, groups, syndicates, cartels, which is carried out with the division of functions, which gives reasons to consider it as a drug business, which is connected with the cultivation, production and trade of drugs for profit and constitutes the economic basis of the existence of organized crime. The main features of criminal offenses committed by organized groups and criminal organizations in the sphere of illegal circulation of narcotic drugs, psychotropic substances or their analogues in Ukraine are: latency of drug business; combination of criminal offenses provided for in Ch. XIII of the Criminal Code of Ukraine with economic criminal offenses, in particular legalization (laundering) of proceeds from illegal drug trafficking with the help of established financial intermediaries and offshore jurisdictions; high level of organization of criminal formations; persistent focus on creating corrupt connections in state authorities and law enforcement agencies; transnationality; the presence of an established source for the purchase of narcotics.It has been established that the drug business consists of several interrelated stages: production, purchase or theft of drugs; delivering them to the place of sale; sale of these products by the consumer. The peculiarity of the drug business is that certain criminal acts (illegal production, smuggling and acquisition) can be both independent components and parallel, jointly interconnected subsystems of criminal activity.
Professor O.F. Kistiakiwsky: reconception of the layers of Ukrainian history (for the 190th anniversary)
Authors: Kharytonova O.V.
Published: September 2023

The article analyzes the life and scientific biography of the prominent Ukrainian criminologist, professor of the University of St. Volodymyr Oleksandr Fedorovych Kistiakiwsky (1833–1885), through the prism of the genealogy of his family, which gave the world a remarkable scientific dynasty, and the restoration of those scientific and political contexts in which his academic activity took place. The author searches for the position of the scientist’s biography on a broader map of world scientific development, demonstrates the consonance and dissonance of his views with important methodological crossroads of legal science, highlights the parallels between his scientific worldview and modern scientific concepts.Among the significant ideas of the scientific researches of professor O.F. Kistiakiwsky the author calls his attention to the embryology of law – conscientious work with the materials of customary law and, thanks to this, the ability to have a broader vision of the sources of criminal law; operationalization of historical and comparative methods in criminal law in such a way as to find «general criminal law», «general principles of justice in the diversity of law of all times and peoples» – ideas, consistent with the internationalization of modern criminal law and universalist trends in its development; successful integration of dogmatic and sociological study of criminal law phenomena with the aim of qualitative expansion of heuristic horizons; the constant humanistic focus of his scientific research and its powerful influence on the development of criminal law theory and practice.The author’s research is proposed an interesting hypothesis concerning the genealogy of O.F. Kistiakiwsky and based on ego-documents related to the history of everyday life and attention to micro-history, which makes it possible to rethink some layers of macro-history and to evaluate certain interpretations of it in a new way. Carried out at the junction of the comparison of family narratives of the father and great-granddaughter of Oleksandr Fedorovych Kistiakiwsky, the author’s investigation offers a bold version of the connection of the Kistiakiwsky genealogy with the figure of Oleksandr Bezborodko, a representative of the Ukrainian Cossack nobility, prince and chancellor of the Russian Empire, and offers further researchers new paths for academic searches and insights.
Peculiarities of a court decision in criminal proceedings involving persons suffering from mental disorders
Authors: Tyshchenko O.I.
Published: September 2023

The article, based on the analysis of the provisions of criminal and criminal procedural law and relevant judicial practice, reveals the peculiarities of the court decision in which compulsory medical measures are applied to persons with limited criminal convictions. Such peculiarities include: the adoption of a court decision regarding defendants with limited convictions in the form of a sentence; the regulatory limitation of the variability of compulsory medical measures only by the provision of outpatient psychiatric care on a compulsory basis; inconsistency in the terms of the prescribed punishment and the use of compulsory medical measures. The latter determines the logic of the question regarding the need for the simultaneous application of two criminal-legal measures of a different nature. It is noted that the procedure for applying compulsory medical measures to persons with a limited criminal record is related to criminal proceedings regarding the application of compulsory medical measures (Chapter 39 of the CPC).In the context of the problems considered, the issue of the possibility of concluding and approving an agreement in criminal proceedings involving persons suffering from mental disorders is investigated. Both court decisions that approved such an agreement and court verdicts that refused to approve the agreement are analyzed from the point of view of argumentation. In terms of three key aspects (the subject of criminal procedural consensus; voluntariness as one of the manifestations of criminal procedural capacity; prospects for fulfilling the terms of the concluded agreement), the position is expressed regarding the expediency of enshrining at the legislative level the impossibility of concluding and approving an agreement with the participation of a suspect, an accused person who has a limited criminal record. It is proposed to extend a similar approach to the victim suffering from mental disorders and to determine that it is impossible to conclude a reconciliation agreement with their participation.
Understanding the term "constitution" in the period of ancient Rome
Authors: Byelov D.M. , Bielova M.V. , Peresh I.Ye.
Published: September 2023

It is indicated that the constitution in the modern state is the basis of the legal system, that is, it determines its normative component (legislation and other sources of law), as well as the system of state institutions, legal ideology, and legal consciousness. Thus, the Constitution defines the entire paradigm of constitutional and legal relations in one or another period of state development. At the same time, the transformation of ideas about the content of the constitution also reflects social and political processes.The article is devoted to the study of the process of formation and development of constitutionalism, the understanding of the term “constitution” and the idea that philosophers invested in this concept, looking for a better model of a stable political system of the state. The article analyzes the term “constitution” in historical retrospect and how it correlates with the understanding of constitutionalism in modern legal literature. The homeland of constitutionalism was the ancient Greek polis, and the main theoretician in this field was Aristotle, who, based on the study of the constitutions of the polis of his era, came to the conclusion that the best model of a constitution is a mixed constitution, since it is this model that guarantees a stable political system. An example of a mixed constitution was the constitution of Sparta. According to the opinion of Polybius and Cicero, the model of a mixed constitution was characteristic of Ancient Rome as well. The model of the mixed constitution was accepted by modern constitutionalism as a guide.The article concludes that the constitution in a narrow sense was understood as an institutional arrangement with an indication of who has access to governing bodies and can participate in decision making. Thus, it was about state management. The constitution, in a normative sense, was designed to adapt a just system of government to the nature and purpose of the community of citizens.
The Treaty Establishing a Constitution for Europe as a stage in deepening the integration of the European Union member states
Authors: Dir I.Yu.
Published: September 2023

The article generally analyses the prerequisites for the creation of the Constitution of the European Union. In particular, the factors contributing to its development were considered. Thus, it was found that following the results of the summit, at which a decision was made to develop a draft Constitution, the European Convention was formed, the creation of which provided for the completion of the institutional reform, the main purpose of which was to determine the future of Europe: the distribution of powers between the member states, the review of the EU treaties, the role of national parliaments, as well as the status of the Charter of Fundamental Rights. In addition, the article summarizes the structure of the Constitution. The Treaty on the Creation of the Constitution of Europe, which was supposed to become the basis of the future Constitution, was also analysed. It was determined that the future Constitution consisted of a preamble, four parts, protocols, and annexes. The article also explored that the Treaty was signed on behalf of the states mainly by the plenipotentiaries of the state, among whom the vast majority were prime ministers or foreign ministers. In addition, it was determined that the process of ratification of the Treaty was thorny. It was analysed that the European Parliament voted to support the implementation of the Constitution. Most of the parliaments of the member states, in accordance with the treaty ratification procedure adopted in the state, ratified the Treaty at the level of voting in the state parliament. The main prerequisites that stood in the way of the adoption of the Constitution were also investigated the main states that decided to hold a referendum on the ratification of the Treaty were identified. In addition, it was determined the states in which the citizens voted against the adoption of the Constitution because of the referendum, as well as those states where the citizens spoke in favour. It was also analysed that after the results of the referendum in France and the Netherlands, the leaders of the European Union decided to take a break and created a working group that will develop the next steps regarding the adoption of the Constitution. The article also determined that based on the results of the activity, it was decided to create a new agreement based on the Agreement on the Creation of the Constitution.
TRADISI LISAN KESENIAN TOPENG IRENG DI KABUPATEN MAGELANG: KAJIAN ETNOLINGUISTIK
Authors: Sulistiyarini Siti , Handayani Wiwik Retno
Published: September 2023

Bahasa dan kebudayaan memiliki kaitan yang erat. Kebudayaan tidak bisa terwujud tanpa peran dari bahasa dan sebaliknya bahasa tidak bisa berkembang dengan baik tanpa adanya kebudayaan. Kabupaten Magelang sebagai salah satu daerah di Indonesia yang memiliki wilayah cukup luas, tentunya juga memiliki beragam kebudayaan yang masih terus dilestarikan. Kesenian topeng ireng menjadi salah satu warisan budaya yang masih sangat digemari oleh masyarakat. Penelitian ini bertujuan untuk menganalisis bentuk dan makna tradisi lisan pada kesenian topeng ireng yang ada di Kabupaten Magelang serta mendeskripsikan fungsi apa saja yang termuat di dalamnya. Metode yang digunakan adalah kualitatif melalui dua tahap pengumpulan data, yaitu tahap review literature dan wawancara. Hasil dari penelitian ini berupa bentuk dan makna kajian lisan yang digunakan dalam kesenian topeng ireng di Kabupaten Magelang dan fungsinya, yang meliputi fungsi hiburan, pendidikan, solidaritas dan kebersamaan, pengendalian sosial, serta fungsi religiusitas. Paparan mengenai hasil analisis tersebut dapat dimanfaatkan pembaca untuk menggali lebih dalam aspek bahasa dan kebudayaan pada kesenian atau kebudayaan di masing-masing daerah.