bluuebunny/crossref_metadata_2025 huggingface dataset:
SPORDA YEŞİL PAZARLAMA UYGULAMALARI: ADİDAS MARKASI ÖRNEĞİ
Authors: ÇEVİK Ali
Published: September 2023

Günümüz dünyasında küresel sorunlar haline gelen birçok konu bulunmaktadır. Bu konular; küresel ısınma, çevresel bozulma, habitat tahribatı, hava-su kirliliği ve kaynakların tükenmesi gibi unsurlar olarak karşımıza çıkmaktadır. Ortaya çıkan bu problemlerin üstesinden gelebilmek için de çeşitli çözümlerin üretilmesi gerekmektedir. Dolayısıyla çevremize yarar sağlayacak etkenlere ihtiyaç duyulmaktadır. Bu ihtiyaçlardan birisi de yeşil uygulamalardır. Araştırmada, küresel spor endüstrisinde önemli bir marka olan Adidas'ın yeşil pazarlama uygulamalarında tüketicilere vermek istediği mesajların içerik yönünden düz ve yan anlamlarının ortaya çıkarılması amaçlanmıştır. Çalışma grubunu; Adidas markasının yeşil pazarlama uygulamalarını sosyal ağlar aracılığı ile tüketicilere sunduğu videolar oluşturmaktadır. Örneklemi ise yeşil pazarlama uygulamaları kapsamında yer alan 4 tane video oluşturmuştur. Örneklemin belirlenmesinde amaçlı örneklem yöntemi kullanılmıştır. Amaçlı örnekleme, eldeki sınırlı kaynakları en etkin ve verimli bir şekilde kullanabilmek için bilgi açısından zengin olan olguların belirlenebilmesi ve seçilebilmesini sağlayan bir nitel araştırma tekniğidir. Amaçlı örnekleme yöntemi, ilgilenilen konular hakkında bilgi sahibi ve deneyimi olan kişilerin ya da toplulukların tanımlanabilmesini içermektedir. Çalışmada “Nitel Araştırma Modeli” kullanılmıştır. Çalışmada veri toplama aracı olarak “Doküman İncelemesi” tekniği uygulanmıştır. Bu dokümanlar, çalışmanın hedefleri arasında yer alan her türlü bilgi, görsel, işitsel ve yazılı materyal verilerini kapsamaktadır. Ele alınan bulguların birincisi; Great Barrier Reef denizinde Adidas’ın Yüzen Tenis Kortu, ikincisi; Okyanuslar için Artırılmış Gerçeklik Deneyimi, üçüncüsü; Stan Smith Daima, dördüncüsü ise Okyanuslar için Koş’dan oluşmuştur. Çalışma kapsamı çerçevesinde elde edilen veriler; Peirce’nin Üçlü Semiotik Modeli ve Barthes'in İki Anlamlandırma Düzeyi’ne göre oluşturulan göstergebilim analiz tablosunda incelenmiştir. Sonuç olarak; Adidas markasının, küresel rekabette üstünlüğü sağlayabilmek, marka imajını güçlendirebilmek ve marka farkındalığını arttırabilmek için toplumsal ve sosyal sorumluluk kapsamında yer alan yeşil pazarlama uygulamalarını dünyanın çeşitli yerlerinde gerçekleştirdiği düşünülmektedir.
India 2075
Authors: Giudice Baca Victor , Zapata Tito Rosario
Published: September 2023

El Banco  de  inversión Goldman Sachs  creó en Octubre 2003 el pronóstico de los BRICS  2050 (Brasil, Rusia, China y Sudáfrica). El pronóstico del banco sorprendió a los países desarrollados de Europa y EE.UU. Hoy los BRICS son la Tercera Potencia Mundial, luego de EE.UU y la Unión Europea. El PBI de los BRICS supera el PBI de 20 países desarrollados (G - 20). La India 2075 sobrepasará a Inglaterra, Alemania, Francia y EE.UU en PBI y se posicionará luego de China, delante de EE.UU y la Unión Europea.
India también sobrepasará en población a China. Santanu  Sengupta, experto de Goldman Sachs, opina que la población de la India posee la composición  ideal de jóvenes, niños y ancianos es apta para la edad laboral. El Estudio pronostica que el 2075 China tendría un PBI de 57 trillones. La India 52.5 trillones, EE.UU 51.5 trillones y la Unión Europea 30.3 trillones.
Startup sustainability issues: An analytical hierarchy process (AHP) method and quantitative strategic planning matrix (QSPM)
Authors: Jati Dian Purnomo , Suliyanto Suliyanto , Novandari Weni , Fauzi Daffa Redika
Published: September 2023

A newly started business entity has various kinds of difficulties, complexities, and risks (Trimi & Berbegal-Mirabent, 2012), the risks faced by startups include markets, products, competitiveness, employees, and finances (Paternoster et al., 2014). The purpose of this study is to analyze what factors contribute to the demise of startups in Banyumas. The participants in this study were resourceful startup actors in Banyumas. Data was collected through focus group discussions and questionnaires. Data were analyzed descriptively and qualitatively using an analytical hierarchy process (AHP), strengths-weaknesses-opportunities-threats (SWOT) analysis, and quantitative strategic planning matrix (QSPM). Based on the results of the AHP analysis, there were four main problems: background, competence, communication infrastructure, and security. Furthermore, it could be seen from SWOT and QSPM analysis that each SO (Strengths-Opportunities) strategy value was 152, WO (Weaknesses-Opportunities) was 100, ST (Strengths-Threats) was 148, and WT (Weaknesses-Threats) was 144. The conclusion was digital startup sustainability problems could be resolved by prioritizing the SO strategy. The implementation of these strategies included optimizing young workers, collaborating with supporting communities, and creating unique products. Apart from practical implications, this paper also develops literature on the factors that cause startup failure, which so far has been limited to discussing only the success factors.
Lightweight Strawberry Recognition with Hybrid Deep Deformable Convolution and Double Collaborative Attention Mechanisms
Authors: Pang Fengqian , Chen Xi
Published: September 2023

The existing ripeness detection algorithm for strawberries suffers from
low detection accuracy and high detection error rate. Considering these
problems, we propose an improvement method based on YOLOv5, which
firstly reconfigures the feature extraction network by replacing
ordinary convolution with hybrid depth deformable convolution. In the
second step, a double cooperative attention mechanism is constructed to
improve the representation of strawberry features in complex
environments. Finally, cross-scale feature fusion is proposed to fully
integrate the multiscale target features. The method was tested on the
strawberry ripeness dataset, the mAP reached 95.6 percentage points, the
FPS reached 76, and the model size was 7.44M. The mAP and FPS are 8.4
and 1.3 percentage points higher respectively than the baseline network.
The model size is reduced by 6.28M. This method is superior to many
state-of-the-art algorithms in terms of detection speed and accuracy.
The system can accurately identify the ripeness of strawberries in
complex environments, which could provide technical support for
automated picking robots.
Robust Tracking Control of Wheeled Mobile Robot Subject to Uncertainties
Authors: Abadi Amine , labbadi Moussa
Published: September 2023

The paper suggests a compound control that combines nonlinear flatness,
active disturbance rejection control (ADRC), and sliding mode control
(SMC). By employing the differential flatness methodology, the standard
under-actuated wheeled mobile robot model is converted into a fully
actuated one. Utilizing this model as a basis, a sliding feedback
controller is suggested to address the issue of uncertainties associated
with wheel slip and wind. However, as the uncertainties increase, a
higher control input is required, resulting in an undesired chattering
phenomenon. To reduce chattering in SMC, a boundary layer surrounding
the switching surface is employed, and a continuous law is implemented
within the boundary. The boundary layer width plays an important role in
improving robustness and eliminating chatter. Indeed, increasing the
thickness of the boundary layer significantly reduces chattering, but it
may lead to a loss of robustness performance achieved by the
discontinuous control provided by SMC. To resolve this problem, active
disturbance rejection control is combined with boundary layer sliding
mode control. When utilizing the ADRC method, the lumped uncertainties
are estimated via an extended state observer and eliminated within the
feedback loop. The newly obtained feedback control combines the
advantages of boundary layer SMC and ADRC to achieve practical control
and robust tracking performance. The stability properties exhibited by
the closed-loop system are rigorously established through the
application of Lyapunov theory. In conclusion, a series of simulations
has been conducted to compare and evaluate the efficiency of the
presented robust tracking controller against other existing control
methods.
Fluorescence emission angular dependence on a nanostructured plasmonic grating
Authors: Angelini Margherita , Manobianco Eliana , Pellacani Paola , Floris Francesco , Marabelli Franco
Published: September 2023

Plasmonic gratings provide an advantageous platform for fluorescence
sensing due to their compatibility with functionalization techniques,
imaging detection, and the potential for signal enhancement. Among
traditional fluorescence detection methods, microscopes are commonly
used tools. The interaction between dye fluorescence processes and the
plasmonic modes of the grating strongly depends on the measurement
configuration and is influenced by the dispersion and spectral
characteristics of the plasmonic modes. In our study, we investigated
the angular behavior of the fluorescence emission from ATTO700 dye by
varying the collection angle using a standard optical microscope coupled
with a spectrometer. Our results show a clear dependence of fluorescence
emission in terms of spectral shape on the collection angle that can be
attributed to plasmonic mode dispersion.
University student profiles in the learning to learn competence and their relationship with academic achievement
Authors:   Universidad de Valencia, Gargallo-López Bernardo , Almerich-Cerveró Gonzalo ,   Universidad de Valencia, García-García Fran-J. ,   Universidad de Valencia, López-Francés Inmaculada ,   Universidad de Valencia, Sahuquillo-Mateo Piedad-M.ª ,   Universidad de Valencia
Published: September 2023

Learning to learn (LtL) is a key competence that the European Commission has identified for education systems (Recommendation of the European Parliament and of the Council of 18 December 2006 on key competences for life-long learning and Council Recommendation of 22 May 2018 on key competences for lifelong learning). It is usually assumed that students will already handle it well when they start university and that their use of it will improve during their university studies, but this assumption needs testing. The aim of this article is to establish the level of management of this competence as well as possible profiles of how university students use it and their relationship to academic achievement. To this end, we worked with a sample of 1,234 students from three universities in Valencia (Spain) in different study years and study areas, applying the QELtLCUS questionnaire, which evaluates the competence. We performed descriptive analyses, cluster analysis, analyses of differences, and multiple linear regression analyses. The sample subjects displayed an acceptable level of management, albeit with low scores in some important dimensions of LtL. We found two groups with two management profiles: one with a high competence level and another with a lower competence level. The students in the first group had better scores than those in the second group, with statistically significant results. We also found differences that were not statistically significant by gender, with a hig er level of competence in women, with those relating to year and study area being larger. We believe that this research provides relevant data that may be of interest to researchers. It also includes guidance to help teachers work on this competence in university studies.
Teaching morality as an inclusive competence in higher education: Effects of dilemma discussion and contribution of empathy
Authors:   Universidad de Córdoba, Fernández-Caminero Gemma , Álvarez-Castillo José-Luis ,   Universidad de Córdoba, González-González Hugo ,   Universidad de Córdoba, Espino-Díaz Luis ,   Universidad de Córdoba
Published: September 2023

Inclusive pedagogies belong to the diversity agenda in higher education and so their teaching methodologies should be tested to ensure the effective training of students in democratic and inclusive citizenship competencies, such as moral competence. Moral-dilemma based methods have proven to be effective in learning about morals in specific programmes, but there is still no evidence for their cross-cutting application in regular courses. These methods could also be enriched by strategies aimed at learning competences that have been identified as predictive factors in theories of moral judgement and development, such as empathy. The current study examines the effects of a 10-hour teaching intervention on learning moral competence using a version of the Konstanz Method of Dilemma Discussion (KMDD), either applied in isolation or using a mixed strategy of dilemma discussion and narrative persuasion activities, this last method with the aim of verifying the contribution of empathy to moral learning. The hypotheses regarding the two methodological approaches were tested using a quasi-experimental pretest-posttest design with a control group in the ecological context of the first semester of teacher training. Data were collected using the Moral Competence Test and were analysed with linear mixed models. The results did not support the expected empathy-induced moral learning. However, significant progression in moral competence when using KMDD is shown. The discussion considers the disassociation between empathy/altruism and moral competence in order to interpret the ineffectiveness of the mixed strategy. The need to apply pedagogies with a more experiential focus is suggested in order to foster moral learning by means of activities in community diversity environments.
Joaquín Xirau’s pedagogy: Between tradition and modernity
Authors:   Universidad CEU Cardenal Herrera, Vilarroig-Martín Jaime
Published: September 2023

The aim of this work is to examine the pedagogical work of this Catalan philosopher (teacher, never better said) and offer a summary of his thought. The methodology comprises an exhaustive review of the primary sources (complete works) adding secondary sources that are considered relevant. As a result, we identify the sources he draws on for his pedagogy: primarily Cossío, but also Husserl, Scheler, Fichte, Vives, Llull, Rousseau, and Bergson. We then trace what his systematic pedagogy might be: the final cause, the efficient cause (the teacher), the material cause (the student), the method, the educational action and the pedagogical antinomies. On the one hand, we discuss the content that education should have and the values that should guide it, and, on the other hand, the three basic stages of the educational process, primary, secondary and higher education, according to how Xirau conceptualises them. To conclude, we analyse some common common-places from then and now in the world of education, to which Xirau pays particular attention.
Understanding geodynamics of the long-lasting Adria-Europe convergence: new constraints from the central balkans
Authors: Mladenovic Ana , Stojadinovic Uros , Cvetkovic Vladica , Prelevic Dejan
Published: September 2023

The Central Balkan region offers particular insights into the very last
episodes of the life of oceanic domains that existed between Adria and
Europe. This special issue highlights some of the latest developments in the
geological research of this important area with a rather small but eclectic
selection of papers aimed at better understanding of the geodynamics of the
long-lasting Adria - Europe convergence. The road ahead involves more
detailed investigations and key studies, including sedimentology,
geochronology, provenance and microtectonics, to further enhance our
knowledge about the issues that are opened or discussed in this volume.
Optimizing Pension Fund Investment Portfolio Using Post-modern Portfolio Theory (PMPT) Study Case: An Indonesian Institution
Authors: Wisista Rifqi Tyaga , Noveria Ana
Published: September 2023

Categorized as first-level funding by OJK, their asset is greater than its actuarial present value, the funding ratio is greater than 100%, and the Pension Fund of PT XYZ (Dapen XYZ) found that their net asset was not growing as they should. This study employs Post-Modern Portfolio Theory (PMPT) to address the current issue facing the company, with the goal of determining the optimal extant portfolio and optimal stock recommendations from the IDXQ30 Index. The company’s portfolio optimization complies with OJK regulations and its investment direction, with the proportion of direct investments and property assets remaining unchanged. The findings showed the historical existing portfolio of Dapen XYZ from 2018 to 2022 has an expected return of 5.27% with a downside risk of 5.00%. Through optimization and substituting the composition of the listed stock with the optimized one, the overall portfolio might yield a 6.80% return with a 3.59% downside risk; this result is still below its target. This optimization suggested emptying the deposits, corporate bonds, and mutual funds and focusing on listed stock instruments. This action will yield an 8.80% return on 1.70% downside risk. In conclusion, the current portfolio of Dapen XYZ is not optimal, and the decision of the fund manager to re-enter the stock market for its portfolio is perfect for the current situation since this instrument might yield higher profit and liquidity if they are willing to change their stock universe to the more profitable one.
‘The complex way to the truth’: responsible choices, goals and values. Commentary on article ‘Sovereign decision’ in the discourse of medical ethics (Mihailo Lukovich, Katarina Meistorovich, Dunja Knezhevich)
Authors: Firsov DE
Published: September 2023

In this article, ‘Sovereign Decision’ has been analyzed in the discourse of medical ethics (authors: Mihailo Lukovich, Katarina Meistorovich, Dunja Knezhevich). The interdisciplinary approach to the issue of axiological dissonance has been justified. It arises at the demarcation line of scientific private interests and society expectations and concerns implementation of research outcomes into the social practice. According to the authors, the ‘sovereign decision’, the key notion of the research, is a social phenomenon. In it, the legal sense of exclusive authorities becomes the imperative of an informed (ethical) choice in boundary situations of the subject’s legal elimination in relation to whom the ‘nominal’ or ‘exclusive’ medical decision is taken. By analyzing the issue of the ‘sovereign decision’ using the examples of vaccine prevention and euthanasia, the authors reveal the dialectic nature of the responsible choice. The issues that go beyond the subject of research seem perspective as well.
The Correlation between EFL Learners’ Academic Intelligence and the Level of Productive Skills
Authors: Mizhir Krebt Dhea
Published: September 2023

Communicating effectively by gaining productive skills in a classroom setting is one of the critical goals of learning the English language. The current study was conducted to explore the correlation of EFL learners’ level of academic intelligence with their productive skills. The study tries to find an answer to what is the correlation between EFL learners’ academic intelligence and level of production skills. The study population represents EFL students at the departments of English language of the Iraqi Colleges of Education for the academic year (2022-2023). The sample includes 310 EFL students selected from the 3rd year of the Department of English of the College of Education, Ibn-Rushd for Human Sciences/University of Baghdad, College of Education/ University of Diyala, and College of Education/University of Tikrit. The current study has two instruments, the academic intelligence test consists of two dimensions (the operational and the content), while the second instrument used is the test of productive skills, which is composed of two skills; speaking skill consists of six standards (grammar, vocabulary, comprehension, fluency, pronunciation, interaction), and writing skill consists of five criteria (content, organization, grammar, vocabulary, writing technique). The results obtained reveal that there are positive significant correlations between EFL learners’ and productive skills. Concerning the productive skills tested in this study, EFL learners succeed in using speaking and writing skills, which constitute a large amount of human communication. Moreover, academic intelligence abilities can help EFL learners develop the skills and strategies necessary for academic success and professional development.
Development and Validation of the Chinese Critical Thinking Disposition Scale among Foreign Language Students
Authors: Xu Ling , Abdullah Tina , An Jing
Published: September 2023

Although much research acknowledges the positive contributions of CT dispositions to learning a foreign language, less scale development work has focused on the dispositions towards critical thinking of foreign language students in the Chinese language, leading to the limited availability of reliable and valid Chinese critical thinking disposition measurements in foreign language education. The current research aims to develop and validate the Chinese Critical Thinking Disposition Scale using Exploratory Factor Analysis and Confirmatory Factor Analysis (CFA) in two foreign language student samples from China. It filled the gap of limited reliable and valid Chinese scales assessing critical thinking disposition. A total of 538 (103 for EFA and 435 for CFA) foreign language students in China from Zaozhuang University and Jiangxi Normal University participated in the study. Results of the CFA confirmed a five-factor CHCTDS with 17 items on a seven-point Likert scale as an acceptable model fit for the data (χ2/df= 3.492, NFI= .911, CFI= .934, TLI= .918, IFI= .935, and RMSEA= .076) with good reliability and convergent as well as discriminant validity. The Cronbach’s α was .934 for the overall scale, and that of the five subscales ranged from .776 to .851. Therefore, the CHCTDS developed in this paper may be recommended as a valid Chinese scale measuring foreign language learners’ critical thinking dispositions. Still, it needs further validation among larger populations and across gender.
Student Engagement in Virtual Learning: The Self-Determination Theory Perspective
Authors: Farikah Farikah , Mulyani Mimi , Astuty Astuty , Mazid Sukron
Published: September 2023

The exploratory case study explored how the lecturers motivate the students to engage in team-based online learning and how technologies in e-learning and remote classrooms motivate student engagement. Engagement is a multidimensional construct that includes behaviour, emotions, and cognition, essential in learning outcomes. Involving 101 undergraduate students, questionnaires and virtual interviews were conducted with the participants to elicit their perceptions and experiences concerning student engagement. Following the Self-Determination Theory framework of Deci and Ryan (1985), this study proved that students’ engagement in the team-based online learning model is based on three perspectives: competence, sense of belonging, and autonomy. The theory highlights the importance of motivation and fulfilment of three basic human needs: autonomy, competence and relatedness. Data was collected through interviews and questionnaires focusing on the perceptions and experiences of undergraduate students who had participated in fully online learning for four semesters. Thematic analysis was used to analyze data divided into categories based on the Self-Determination Theory framework. The findings reveal that students’ engagement in team-based online learning is influenced by their need for competence, belonging, and autonomy. Overall, this research highlights the importance of addressing student engagement in online learning and provides insight into how lecturers and technology can motivate and enhance student engagement in team-based online learning. Lecturers must continually adapt their instructional strategies and leverage technology to maintain and increase student engagement during the online learning experience
Investigating Bandura’s Processes of Observational Learning Implementations from EFL Faculty Perspective at Umm Al-Qura University English Language Centre
Authors: T. Rayes Eman , K. Albelaihi Nuha
Published: September 2023

The present study attempts to investigate the implementations of Bandura’s processes of observational learning from an EFL faculty perspective at Umm Al-Qura University English Language Centre. As a prominent skill-learning theory in psychology and education, Bandura’s social learning theory introduced elemental cognitive stages known as observational learning processes that are necessary for acquiring any skill. Knowledge of these processes provides EFL/ESL teachers with theoretical principles to facilitate teaching and learning the complex skills of the English language. The study aims to identify the EFL faculty awareness level of Bandura’s observational learning processes and assess the extent to which their teaching practices endorse observational learning. Also, to examine the relationship between EFL faculty awareness and practices. The study participants consisted of (41) EFL faculty members during the academic year 2021-2022. The researchers developed a web-based survey to collect the information and used descriptive statistics for analysis. The findings revealed that the faculty members’ overall awareness and practices levels of Bandura’s observational learning are high. However, the results indicated the existence of a misconception regarding the concept of modeling and observation held by some of the faculty members. Also, results indicated a significant relationship at (0.05) level between EFL faculty awareness and practices suggesting the applicability of Bandura’s observational learning in the EFL context. The study provides substantial insights for EFL/ESL teachers and researchers regarding the importance of observational learning in teaching and developing language skills. The research concludes with the need for raising awareness procedures and suggestions for future research.
Teachers’ Perceptions of Communicative Language Teaching Approach in English Grammar Teaching
Authors: Liu Ke , Diana Deris Farhana
Published: September 2023

Over the decades, the reform and opening-up policy of the 1970s has pushed China to become increasingly connected to the world, leading to a growing demand for foreign exchange. The need for English language talents has promoted the transformation of teaching methods and reforms to the national curriculum. In the early 1980s, Communicative Language Teaching was introduced into the EFL setting in Chinese English classes. However, there is minimal time to practice speaking and communicating, and researchers have debated its applicability in China. This study aims to explore the effectiveness of Communicative Language Teaching in English grammar teaching in three public secondary schools; the current teaching environment affects its application, and the constraints that may prevent teachers from using it. Through semi-structured interviews, qualitative thematic data were collected from five English teachers working in three cities in Henan province. The results show that the uneven distribution of teachers between the capital city (Zhengzhou) and the other two prefecture-level cities (Xinmi and Xinxiang), the difference in the textbooks used, and the disparity in the English proficiency of the students led to five teachers’ different views on the feasibility of CLT. The findings will provide pedagogical insights for Chinese English teachers and contribute to the government’s efforts to improve Chinese public secondary schools’ teaching and learning environment.r
The concept of "living law" by E. Erhlich from the point of view of the specifity of social relations in the globalized world
Authors: Shcherbaniuk O.V. , Manyk A.Z.
Published: September 2023

The article defines the content and meaning of E. Ehrliсh’s concept of «living law» from the point of view of the specifics of social relations in the globalized world. According to the author, adhering to Ehrliсh’s theory of «living law», the study of law exclusively as a written, static phenomenon, limited by law, significantly narrows its scope. In this regard, social relations, their dynamics, social practice, the emergence of new needs, mechanisms for the protection of interests, and other social transformations should be recognized as a social source of law formation.It was established that, according to E. Ehrliсh’s concept, the phenomena of society’s law are «state law», «law of lawyers», «law of social unions».The interpretation of E. Ehrliсh’s concept of «living law» should not contrast it with official law. Positive state law does not exclude the possibility of acquiring social effectiveness and obtaining the status of «living law». Within the framework of the sociological understanding of law, it is noted that the state, refraining from interfering in certain fields, should delegate the freedom of self-regulation to the unions, since the state is one of the types of social unions. According to the law of the state, the role of defender of the established system should remain first of all.It has been established that Ehrliсh’s legal understanding of the phenomenon of «law of lawyers» involves an agreement between the content of the norm and the content of a specific case, that is, the ability to endow the norm with the content and features that could fully ensure the regulation of a specific case. «Law of lawyers» is a creative activity, the essence of which boils down to the formulation of norms-decisions that directly follow from the essence of social relations. In today’s globalized world, this phenomenon has an analogue in the legal activism of international judicial institutions.It is emphasized that the effectiveness of law from the point of view of its social action directly depends on the actions of individual social unions. Every social order contains elements of coercion (these are norms of custom, morality, religion, tact, decency) that ensure the subjugation of the individuals of the union without limited their freedom of action. According to the author, a parallel of such ideas can be found in the dynamics and transformations of social relations in the modern globalized world.
Parliamentary reform in Ukraine: challenges and prospects
Authors: Byelov D.M.
Published: September 2023

The reviewed monograph was made within the framework of the scientific research of Zozulya A.I. and is devoted to the problem that is relevant in the field of constitutional law of Ukraine - the improvement of the constitutional and legal status and activity of the Verkhovna Rada of Ukraine.
Grounds for restricting the right to secrecy of correspondence in the conditions of a state of emergency and martial law in Ukraine: theoretical and practical aspects of implementation
Authors: Levchenko A.V.
Published: September 2023

The article is devoted to the study of the legislative consolidation of the grounds for restricting the right to secrecy of correspondence in the conditions of a state of emergency and martial law in Ukraine and the practice of its application. It has been established that the right to the secrecy of correspondence is not absolute and may be limited in cases defined by legislation, in particular, in the conditions of special legal regimes - a state of emergency or martial law. However, it is determined that the provisions of the Constitution of Ukraine only provide for the possibility of restricting the right to confidentiality of correspondence, telephone conversations, telegraphic and other correspondence under the conditions of special legal regimes and, accordingly, this constitutional norm has a generalized nature. Therefore, for a detailed study of this issue, the author reviewed and analyzed the current national legislation on special legal regimes and restrictions on human rights and freedoms during their operation. The article examines the decrees of the President of Ukraine on the introduction of states of emergency and martial law in Ukraine in connection with the armed aggression of the Russian Federation in order to limit the right to secrecy of correspondence. Based on the analysis of the above-mentioned legislation, the author summarized and formulated a list of grounds on which temporary restriction of the right to the secrecy of correspondence, telephone conversations, telegraphic and other correspondence is allowed in conditions of emergency and martial law. In addition, a number of problematic aspects in the legislation on special legal regimes have been singled out, the presence of which negatively affects the practice of its application in the field of ensuring the right to secrecy of correspondence in conditions of war and emergency. Therefore, the author provided reasonable recommendations for the improvement of such legal norms, the implementation of which will protect the constitutional right to secrecy of correspondence, telephone conversations, telegraphic and other correspondence in the conditions of special legal regimes from illegal and excessive restrictions.
Peculiarities of consideration of court cases related to the limitation of jurisdictional immunity of the state
Authors: Bortnik O.G. , Stepanenko T.V.
Published: September 2023

The article examines the issue of defining the specifics of the procedure for consideration of civil cases by a court of claims against a foreign state, which are related to the limitation of the jurisdictional immunity of the state. The authors analyzed the content of the European Convention on State Immunities of 1972 and the UN Convention on Jurisdictional Immunities of States and Their Property of 2004, the provisions recognized by international and national courts as reflecting norms of customary international law. Attention is drawn to the fact that, in addition to defining the form in which the state may waive immunity, the list of categories of cases in which the state does not enjoy immunity in the court of another participating state, the specified international acts also establish the procedural rules for the trial of relevant cases, in particular requirements for mandatory informing of a foreign state about a lawsuit filed against it and the results of its consideration. It is noted that by the norms of customary international law, in the case of non-application of the jurisdictional immunity of the defendant foreign state, one of the mandatory components of the procedure for consideration of the claim against the defendant foreign state by the court is the proper notification of the defendant foreign state about the allegations presented to it and about the results of their consideration by the court. Failure to comply with the above procedural requirements may create obstacles to the further implementation of court decisions in relevant cases regarding the possibility of applying these court decisions for enforcement on the territory of other states. It is noted that in cases of compensation for damage caused to the life, health, and property of natural persons because of the armed aggression of the Russian Federation, the position of the Civil Court of Cassation as part of the Supreme Court on the lack of need to notify the defendant country of legal proceedings on the relevant claims is controversial. Attention is drawn to the fact that the relevant practice of national courts is carried out in violation of the rules of formal, substantive, and procedural justice institutionalized by the international community, limits the legitimate interests of persons who have suffered damage from military aggression, transferring their rights to the status of legitimate expectations, as it can have negative consequences for the implementation of judicial decisions, taking into account the analyzed provisions of international law. A conclusion was drawn on the need to settle the issue of notification of the respondent state in cases of compensation for damage caused to the life, health, and property of individuals because of the armed aggression of the Russian Federation.
Experience of implementing foster care in some foreign countries
Authors: Leshanych L.
Published: September 2023

It is indicated that child homelessness is a very urgent problem in many countries of the world. Unfortunately, Ukraine is not an exception.The history of the development of patronage in Ukraine has a long history. Foster care sometimes existed as an alternative form of education for orphans and children deprived of parental care, and then disappeared for decades. Perhaps this was the reason for such a low level of legislative regulation.A foster family is a form of temporary placement of children who have found themselves in a difficult life situation, with the aim of rehabilitation, change of situation in the native family, and in case of impossibility - transfer for adoption. The purpose of this form of education is to realize the child’s priority right to life and upbringing in the family, which are enshrined in the UN Convention on the Rights of the Child. A foster family is an alternative form of upbringing, which is used when, due to objective reasons, the application of adoption or guardianship is impossible. A child is transferred to a foster family on the basis of a civil law contract, and in some countries an employment contract is additionally concluded between the foster carer and the child placement service.It is noted that a child under foster care is a child who has not reached the age of sixteen, who is cared for by providing all the necessary conditions for life and development, a person who is not the child’s father, but who is responsible for the child. The appointment of a certain person as a foster carer, as well as the deprivation of this status, is documented. At the same time, social agencies are obliged to provide potential foster carers with information about their rights and the procedure for appealing the decision.The article describes the experience of foster parenting in some foreign countries in which legislative regulation of foster relations characterized by a rather high level (the UK , France, Sweden). Practice shows that patronage in Ukraine has a narrow range of applications due to significant gaps in the law, and certainly not conducive to combat the serious problem of street children as. According to the analysis of legal regulation of foster parenting in some foreign countries and foster care in Ukraine , recommendations indicated the positive elements that could usefully borrow to improve legal regulation of foster relations in Ukraine.
Achieving social effect as the goal of innovative investing
Authors: Vrublevska-Misiuna K.M.
Published: September 2023

The article focuses on the necessity of independent development and legislative institutionalization of innovative investment as a comprehensive institution of economic law aimed at providing legal order in the turnover of exclusive rights to use innovative products through investment in the economic activities of the recipient of these rights, with the purpose of obtaining investment returns by the investor through increasing the technological level of the recipient’s production activities and the competitiveness of relevant goods and services. Innovative activities are considered from the perspective of investments and achieving social impact.It is noted that innovative investment is predominantly of a commercial nature, aimed at obtaining profits from the realization of innovative products. However, the question of the expediency of carrying out innovative investment for the purpose of achieving social impact is also considered. Innovative investment that seeks to implement scientific and technological achievements with long payback periods, but without direct profit, is investigated. To this end, the legal category of “social impact” is explored, its essence is defined, and problems of legislative definition are identified.It s emphasized that non-commercial innovative investment requires separate legislative regulation, as it differs from commercial investment in its nature and goals. Non-commercial innovative investment may be undertaken for the purpose of achieving social impact, and therefore, the adoption of a separate “Law on Investment for Social Impact” is proposed, which would provide an appropriate legal foundation and promote the development of innovative projects in the country.Equally important is the study and consideration of foreign experience in carrying out non-commercial investment, but with due regard to the national economic situation of the state, so that the adopted provisions can be effectively applied in the specified relationships and not have a purely declarative nature.
On reforms of economic judiciary in the light of new concepts
Authors: Podtserkovnyi O.P.
Published: September 2023

The article examines the problems of reforming the judicial system, taking into account the «Concept of reforming the judicial system with the aim of improving access to justice», presented in July 2023 by the Research Service of the Verkhovna Rada of Ukraine. Positive expectations from the liquidation of commercial courts of first and second instance are denied. It is emphasized that the introduction of sections for consideration of economic disputes at local courts will lead to the degradation of judicial standards demonstrated by economic courts, including compliance with procedural terms.The possibility of solving the problem of excessive burden on local courts by increasing the burden on specialized judges, which will only lead to a decrease in the quality of justice in economic litigation, has been refuted. More reasonable measures to simplify court procedures and promote out-of-court resolution of legal conflicts, as well as to fill the numerous vacancies of local court judges, are justified.Solving the problems of the judiciary is connected with overcoming the shortcomings of the procedural codes and anti-corruption policy of the state, and not with the structuring of judicial bodies.The priority objects of judicial reform have been identified: restoration of public trust in the judicial branch of government, compliance with the deadlines for consideration of cases in the system of general and administrative courts, compliance with the principles of independence of judges from state bodies, proper financing of the court apparatus and decent remuneration for the work of assistant judges and secretaries, prevention of groundless lawsuits and self-limitation of state bodies in violating the rights of private individuals, prevention of abuse of state bodies in appealing court decisions, introduction of a mechanism for mass mediation, insufficient stimulation of alternative dispute resolution methods capable of reducing the number of court cases.It is proposed to use the experience of international commercial arbitration in the improvement of economic justice.
Prevention of smuggling of narcotic drugs, psychotropic substances, their analogues and precursors
Authors: Vasylevich V.V. , Levchenko Yu.O.
Published: September 2023

The article notes that the smuggling of narcotic drugs, psychotropic substances, their analogues and precursors is one of the main sources of filling the black market with drugs. Europe has become a priority market for drug manufacturers and suppliers. Ukraine occupies a certain place in their plans. It is located at the crossroads of several international drug transit routes. Therefore, the illegal circulation of narcotics at the regional, national and international levels has reached large scales, and the international criminal activity associated with it poses a threat to the security of the sovereignty of states. Part of transit drugs remains in Ukraine. This, to a certain extent, determines the fact that in recent years in Ukraine there has been a spread of drug addiction and an increase in crime related to it.Therefore, it is no coincidence that the Government has put the problem of effective countermeasures against the spread of drugs and drug-related crime in Ukraine among the most important. A particular threat to the country is illegal activities related to the sale of opium, heroin, cocaine, and synthetic narcotic drugs that illegally cross the territory of Ukraine. The state is actively working to identify and arrest smugglers who try to illegally transport drugs through its territory.The article notes that the considered problem is complex and requires joint efforts of the government, law enforcement agencies, public organizations and the whole society. Implementation of effective strategies and programs aimed at preventing smuggling and reducing the spread of drugs will be an important step towards ensuring the security and well-being of the country.In general, the article highlights the seriousness of the problem of drug smuggling and shows the presence of real threats to Ukraine, calling for active measures to combat the illegal circulation of narcotic substances on the territory of the country.Undoubtedly, the success of the fight against crimes related to drug trafficking, including smuggling, depends on the compliance of the current legislation with modern realities and its effectiveness in judicial practice.
Testimony of a witness in a criminal trial: concept, content, requirements
Authors: Habrelian А. , Chepel О.
Published: September 2023

The article is devoted to he study of the peculiarities of witness testimony as a source of evidence in criminal proceedings. It has been established that the testimony of persons who have certain information about the circumstances of a criminal offense is the most important procedural means by which the establishment of the circumstances of the event is ensured. The issue of the location of witness testimony in a criminal trial has been revealed. The thesis is defended that the achievement of the objectives of criminal proceedings can only take place when it is based on high-quality evidential material, which means admissible, proper and reliable evidence, in compliance with all requirements for the evaluation of evidence. In turn, the very process of evaluating witness testimony should be complex in nature and include all the circumstances related to the witness and his testimony, as one of the most frequent types of evidence.The essential properties of the testimony of the witness, the totality of which forms the content and form of this type of evidence, are highlighted: the information is an oral or written message; the source of information is a person endowed with the procedural status of a witness; the information is important for this criminal proceeding; compliance with the requirements of the legislation is ensured when receiving and processing information.The proposed author’s definition of the term “testimony” is information provided orally or in writing to suspects, accused, witnesses, victims, and experts regarding the circumstances known to them in criminal proceedings, which are significant for this criminal proceeding, recorded in the proper order. It is concluded that this definition takes into account all the essential features of the testimony, including those provided by the witness.It has been established that statements often appear as a result of procedural actions that are not related to interrogations, and are recorded in the case materials as elements of various protocols of investigative (search) actions, minutes of a court session, etc. It is proposed to exclude from the legislative definition the mention of obtaining testimony only during interrogation; thus, the content of the norm is expanded, its perception and understanding is facilitated.