bluuebunny/crossref_metadata_2025 huggingface dataset:
DIGITAL IDENTIFICATION AND FINANCIAL MONITORING: NEW TECHNOLOGIES IN THE FIGHT AGAINST CRIME
Authors: Utkina Maryna
Published: September 2023

The purpose of the research is to explore the role of emerging technologies in combating criminal activities, particularly in digital identification and financial monitoring. The article aims to highlight how these new technologies can enhance the effectiveness of law enforcement agencies and financial institutions in detecting and preventing crime. Methods. The methodological basis of the research was a set of methods of scientific knowledge. In particular, the phenomenological method allowed the author to analyse national, international, and foreign law legal sources. The analytical method was used during the analysis of the conceptual and categorical apparatus, the definitions of “artificial intelligence”, “digital identification”, “blockchain”, etc. The author also used the method of analysis and generalisation, which made it possible to clarify and generalise views on the essence and types of digital identification for further use in financial monitoring. Results. The article discusses various technological advancements, such as biometric identification systems, blockchain technology, artificial intelligence, and data analytics, and their application in the fight against crime. It explores how digital identification systems can help verify individuals’ identities more securely and efficiently, reducing the risk of identity theft and fraud. Additionally, it examines how financial monitoring tools can enable authorities to track suspicious transactions, detect money laundering activities, and disrupt the financing of criminal organisations. The article also addresses potential concerns and challenges associated with using these technologies, such as privacy issues, data security, and ethical considerations. Conclusions. New technologies such as biometrics (e.g., fingerprints, facial recognition, iris scans) and blockchain-based systems can improve digital identification processes. These technologies offer increased security, reduced fraud, and streamlined identity verification procedures, preventing theft and other related crimes. Advanced data analytics, machine learning, and artificial intelligence algorithms can be utilised to enhance financial monitoring systems. These technologies enable faster and more accurate identification of suspicious transactions, money laundering activities, and financial crimes. Automated systems can analyse vast amounts of data and detect patterns that would be difficult for humans to identify, thereby assisting law enforcement agencies in combatting financial crimes.
WAYS OF PRESERVING THE NATIONAL IDENTITY OF THE UKRAINIAN DIASPORA IN TURKEY (a Case Study of the City of Bursa, Republic of Turkey)
Authors: Virnyk Olga
Published: September 2023

This article examines possible strategies for preserving the national identity of Ukrainians living outside of Ukraine, specifically in the Republic of Turkey for many years, as well as those who were forced to leave Ukrainian territory due to Russia's open military aggression against Ukraine in 2022. The research material is based on the achievements of the Ukrainian community in the Turkish city of Bursa, which is one of the largest cities in the Republic of Turkey. The close proximity of Bursa to Istanbul, and therefore to Turkey's major transportation hub, led Ukrainians to choose this city for temporary residence outside of Ukraine as a result of the Russian-Ukrainian war. Despite the fact that the Turkish government does not extensively cover the events currently taking place in Ukraine in the majority of media outlets, has not imposed sanctions against Russia and the increasing number of Russians in Turkey, the Ukrainian community is making significant efforts to preserve, promote, and manifest the Ukrainian language, culture, and unity. The study focuses on the means and methods that have contributed to the exploration of these paths. It analyzes the achievements of Ukrainians in the fields of education, politics, religion, and culture. The article also highlights certain volunteer initiatives, including online volunteering, by Ukrainians, particularly those who were forced to leave Ukraine due to the full-scale war, in the city of Bursa.
PENGENDALIAN KECEPATAN MOTOR INDUKSI 3 FASA DENGAN SUMBER PANEL SURYA
Authors: Harahap Charles Ronald , Nasution Rina Arjulina , Setyawan F.X. Arinto
Published: September 2023

Pemanfaatan energi surya sebagai sumber energi listrik telah dilakukan dalam berbagai penelitian yang menjangkau berbagai macam sektor di antaranya rumah tangga, peternakan, pertanian, industri, dan infrastruktur fasilitas umum. Dalam penelitian ini akan memanfaatkan energi terbarukan yaitu energi matahari sebagai sumber listrik dalam pengendalian kecepatan motor induksi tiga fasa. Energi listrik yang dihasilkan dari panel surya disimpan pada baterai untuk menjadi sumber listrik pada inverter tiga fasa. Tujuan dari penelitian ini adalah merancang sebuah sistem pengendalian kecepatan motor induksi 3 fasa dengan sumber panel surya agar terjadi penghematan energi dalam mengendalikan kecepatan motor induksi. Pengendalian kecepatan motor induksi 3 fasa dilakukan dengan pengaturan frekuensi jala-jala motor yang dihasilkan oleh inverter 3 fasa dengan menggunakan teknik pensaklaran PWM yang diatur pada mikrokontroler. Hasil dari penelitian menunjukkan di mana pada frekuensi 30 Hz kecepatan motor yaitu 926 RPM, pada frekuensi 40 Hz kecepatan motor yaitu 1134 RPM, dan pada frekuensi 50 Hz kecepatan motor yaitu 1476 RPM. Berdasarkan hasil analisa diperoleh kesimpulan hubungan frekuensi jala-jala motor dengan kecepatan motor induksi 3 fasa adalah berbanding lurus, di mana semakin besar frekuensi jala-jala maka kecepatan motor akan semakin besar. Panel surya dapat menjadi sumber energi listrik dalam pengendalian kecepatan motor induksi 3 fasa.
Revealing the Tree Species Diversity within Koto Mahligai Temple Ruin, Muaro Jambi
Authors: Zulkarnaen Rizmoon Nurul , Hariri Muhammad Rifqi , Rahmaningtyas Lutfi , Nugroho Wahyu Adi
Published: September 2023

Koto Mahligai Temple is a cultural heritage site in the Muaro Jambi Regency. Environmental disturbances, especially plant-related ones, are rare at this precious shrine. As a result, plant diversity is still sustained. The research aimed to evaluate the plant diversity and general vegetation condition in the Koto Mahligai Temple. The method used was the comprehensive inventory approach, focusing on woody plants through the census sampling method. Vital data were meticulously collected for each tree, including height, diameter, and morphological characteristics. The result found 246 trees from 26 species in the vicinity, including native and introduced species. Local plants that are infrequently seen in urban areas, such as Bouea macrophylla, Canthiumera robusta, Dillenia sumatrana, Flacourtia rukam, and Semecarpus heterophyllus, are among these species. The result suggested that the Koto Mahligai Temple could be well developed into a public site for stakeholders interested in studying plant diversity in Muaro Jambi Regency, owing to the variety and distinctiveness of its plants. Furthermore, the cultural significance of these plants is tied to the Koto Mahligai Temple, which attracts tourists. The study emphasizes the need for future strategies that harmonize plant preservation, archaeological exploration, and temple restoration efforts.
Keywords: diversity, enigmatic species, Koto Mahligai, native plant, Sumatra
COMMUNITY ECONOMIC EMPOWERMENT THROUGH THE DEVELOPMENT OF MICRO AND SMALL AND MEDIUM ENTERPRISES: A CASE STUDY IN ALAMENDAH TOURISM VILLAGE
Authors: Achmad Willya , Nurwati Nunung , Sofro Sidiq Rd. Siti
Published: September 2023

This research on Community Economic Empowerment in Alamendah Tourism Village is to find out if there are tourist villages that are able to maintain economic balance. This Alamendah Tourism Village makes more use of its natural potential, but economic resources through the MSME sector are also important in this economic empowerment. The development of micro, small, and medium-sized enterprises (MSMEs) is anticipated to be able to maintain the economic equilibrium of a community as a result of the construction of a tourism village. This study seeks to determine the outcomes of community economic empowerment in Alamendah Tourism Village through the development of MSMEs. This study employs a qualitative methodology with descriptive methods. The results of the study show that the community's economic empowerment in the Alamendah tourism village through MSMEs can be increased by encouraging local entrepreneurship, providing easy access to financing, improving product quality, strengthening marketing and promotion, and actively involving the community. With the synergy of local business actors, village government, NGOs and related parties, tourism villages can achieve sustainable economic growth, improve people's welfare, and create an inclusive and competitive local economy.
Pengaruh Model Pembelajaran Improve terhadap Hasil Belajar Peserta Didik Kelas XII IPS di MAN Sibolga Tahun Pembelajaran 2022/2023
Authors: Rahmi Nurhafifah , Nurlizawati Nurlizawati
Published: September 2023

Penelitian ini dilataar belakangi oleh rendahnya hasil belajar peserta didik, kurangnya varian model pembelajaran, kurangnya minat belajar peserta didik menyebabkan mudah merasa bosan dalam mengikuti pembelajaran dan peserta didik berperan sebagai pendengar sehingga penguasaan terhadap materi yang diberikan sangat terbatas yang berdampak rendahnya hasil belajar peserta didik. Adapun tujuan penelitian ini adalah untuk mengetahui ada tidaknya pengaruh model pembelajaran improve terhadap hasil belajar peserta didik kelas XII IPS di MAN Sibolga. Teori yang digunakan dalam penelitian ini adalah teori belajar menurut Bruner. Jenis penelitian yang digunakan adalah kuantitatif dengan metode eksperimental design. Adapun design dalam penelitian ini adalah design one gruop pretest dan posttest. Pengambilan sampel dilakukan dengan menggunakan teknik simple random sampling, dilakukan secara mengambil undian kelas dan kelas yang terpilih jadi sampel penelitian adalah kelas XII IPS. Teknik pengumpulan data dilakukan dengan memberikan soal tes berupa pretest dan posttest sebagai alat pengukuran dalam penelitian ini. Hasil penelitian menunjukkan bahwa perolehan nilai rata-rata antara hasil belajar yang menggunakan model pembelajaran improve memperoleh nilai sebesar 84,09 sedangkan perolehan nilai rata-rata hasil belajar yang menggunakan model pembelajaran konvensional memperoleh nilai 63,86. Setelah dilakukan uji hipotesis berbantuan SPSS versi 23 maka diperoleh nilai signifikan 0,07 > nilai signifikan 5% = 0,05 maka dapat diambil kesimpulan bahwa Ho ditolak dan H1 diterima yang berarti terdapat pengaruh model pembelajaran improve terhadap hasil belajar peserta didik kelas XII IPS 2 MAN Sibolga Tahun Pembelajaran 2022/ 2023.
Sumber Kekuasaan Politik dalam Pemilihan Kepala Desa: Studi Perilaku Memilih Masyarakat di Desa Naras 1 Kecamatan Pariaman Utara, Kota Pariaman
Authors: Nadila Putri , Putra Eka Vidya
Published: September 2023

Penelitian ini bertujuan untuk menjelaskan sumber kekuasaan yang dimiliki para konstestan dalam pemilihan kepala desa di Desa Naras 1 dalam studi kasus perilaku memilih masyarakat yang ada di Desa Naras 1. Hal ini menarik untuk dikaji karena adanya sumber kekuasaan yang tidak dimiliki kepala desa yang mencalonkan memenangkan pilkadesa dalam masyarakat di Desa Naras 1. Penelitian ini dianalisis dengan teori Kekuasaan dari Ramlan Surbakti dan Max Weber dalam pertanyaan penelitian. Metode yang digunakan dalam penelitian ini yaitu pendekatan kualitatif, dengan tipe penelitian studi kasus. Penelitian dilakukan di Desa Naras 1 Kecamatan Pariaman Utara Kota Pariaman. Pemilihan informan dilakukan secara teknik purposive sampling dengan 20 orang informan yakni para kepala desa yang memenangkan 3 kepala desa di Desa Naras 1, 17 masyarakat dan 2 aparat desa. Teknik pengumpulan data dilakukan dengan cara observasi dengan cara mengamati perilaku sehari-hari para kepala desa yang memenangkan serta masyarakat di desa Naras 1 yang memilih dalam pemilihan kepala desa. Wawancara dilakukan cara memberikan beberapa pertanyaan kepada informan penelitian. Dengan cara pengumpulan data, reduksi data, penyajian data dan verifikasi data. Hasil penelitian menunjukan bahwa sumber kekuasaan yang ada pada kepala desa yang mencalonkan diri di Desa Naras 1 menjadi pokok penting dan bahan pertimbangan yang bisa diterima masyarakat agar menjadi pemenang kepala desa dan bagaimana perilaku memilih masyarakat yang ada di Desa Naras 1.
Representasi Budaya Populer Jepang dalam Komunitas Mirai No Yume di Kota Bukittinggi
Authors: Prayoga Yogi Septia , Putra Eka Vidya , Amelia Lia
Published: September 2023

Penelitian ini bertujuan untuk menjelaskan representasi budaya populer Jepang dalam komunitas Mirai No Yume di Kota Bukittinggi. Penelitian ini dilatarbelakangi oleh ketertarikan peneliti dalam budaya populer Jepang dan bergabung dalam komunitas Mirai No Yume. Mirai No Yume merupakan sebuah komunitas anak muda pecinta kebudayaan Jepang seperti: anime, cosplay, manga, dan J-Pop yang terdapat di Kota Bukittinggi. Teori yang digunakan untuk menganalisis penelitian ini adalah teori masyarakat simulacra yang dikemukakan oleh Jean Baudrillard. Metode penelitian yang digunakan untuk penelitian ini adalah penelitian kualitatif yang bersifat deskriptif. Pemilihan informan dilakukan dengan cara purposive sampling dengan jumlah sebanyak 13 informan. Pengumpulan data dilakukan dengan cara teknik observasi, teknik wawancara, dan teknik dokumentasi. Kemudian data yang dihasilkan dianalisis dengan menggunakan analisis Miles dan Haberman. Hasil penelitian menemukan bahwa anggota komunitas Mirai No Yume merupakan kumpulan orang-orang yang tertarik dengan budaya populer Jepang yang berada di Kota Bukittinggi. Anggota komunitas Mirai No Yume merepresentasikan budaya populer Jepang dengan cara mengoleksi manga, action figure, dan kaligrafi Jepang, menonton anime, menggambar karakter anime dan manga untuk membuat komik, melakukan cross street di sekitar Bukittinggi, mengikuti event dan perlombaan festival budaya Jepang.
The impact of European law on national legislation and the need to harmonize contract law of Ukraine
Authors: Kovalenko I.
Published: September 2023

The practical implementation of the harmonization of Ukrainian legislation with European law includes harmonization of legislative acts, implementation of European standards, institutional reforms, information campaign and education, international cooperation, creation of specialized bodies, strengthening of legal education and training, monitoring and evaluation of implementation. The practical implementation of harmonization contributes to the creation of a consistent and modern legal system, ensures the protection of citizens’ rights, promotes economic development and promotes international cooperation.In general, the harmonization of contract law of Ukraine with European law is an urgent task that contributes to the development of the economy, increased protection of the rights and interests of citizens and enterprises, improvement of the legal system and international cooperation. The relevance of harmonizing Ukrainian contract law with European law arises for several key reasons, this is: integration with the European Union, promotion of economic development, protection of rights and interests of citizens and enterprises, promotion of international cooperation.Harmonization of contract law of Ukraine with European law contributes to the improvement of cooperation with European countries and other countries that adopt European standards. This opens up new opportunities for trade, investment and cultural exchange, etc.Harmonization of contract law refers to the process of alignment and unification of norms and principles relating to the conclusion, performance and termination of contracts, with the aim of ensuring their mutual compatibility and the implementation of generally accepted standards in this area.Harmonization of contract law is usually aimed at creating a single legal space where different countries or regions have common norms and rules governing contractual relations. This allows for equal conditions for all market participants, increases transparency and predictability, reduces risks and increases trust between parties.Harmonization can be achieved by harmonizing and unifying national laws and regulations, or by adopting international treaties, conventions or recommendations that become binding on participating countries.Harmonization of contract law contributes to the creation of a favorable environment for business and international trade, simplifies the crossing of borders and the implementation of international transactions. It also helps to avoid disagreements and contradictions in legal regulation, ensuring stability and predictability of legal relations.
Intellectual property on computer programs created as a result of execution of an employment agreement (contract).
Authors: Polivach E.
Published: September 2023

The article examines the legal regulation of the use of computer programs by combining economic and civil legislation. The author notes that the contractual aspect is decided by the norms of commercial law, while the legal status of the author and the legal regime of the computer program are determined by civil legislation. Special attention is paid to the resolution of copyright issues for computer programs created in connection with the performance of an employment contract. The author believes that such issues should be settled with the help of a civil law contract. In areas where the duties of employees involve the creation of computer programs in the process of performing a labor function, it is recommended to use local legal acts, such as regulations, standard contracts, etc. It goes on to say that an employer may have certain powers in relation to copyright, in particular, to require the preservation of the integrity of the work and to prevent its distortion or alteration. In addition, the employer has the right to demand that the author’s name be indicated on all copies of the work and that his name be mentioned when the work is used. Summarizing, the article calls for the establishment of a clear regulation of relations regarding the use of computer programs, in particular, by combining economic and civil legislation. The author emphasizes the importance of concluding civil law contracts in cases where computer programs are created within the framework of labor relations.Such contracts, together with local regulations, will help resolve copyright issues and establish the employer’s authority to use the works.In addition, the article emphasizes the need to ensure a balance between the interests of the authors of computer programs and the rights of employers. On the one hand, authors should be ensured recognition of their creative contribution, protection of copyright and recognition of their right to determine the further use of their works. On the other hand, employers have the right to reasonably use works created by employees as part of their work duties, for the purpose of business development and ensuring the efficient operation of the company. Legal regulation of relations on the contractual use of computer programs should contribute to the creation of a clear legal framework that ensures the protection of the interests of all parties and promotes the development of an innovative environment in the field of software.
Legal regulation of advertising (civil aspect)
Authors: Popovych K.G.
Published: September 2023

The article is devoted to the analysis of scientific approaches concerning the defenition of the concept of advertising. The peculiarities of state regulation of advertising are revealed. An analysis of the current Ukrainian legislation in this area has been carried out.In modern economic conditions, it is significant to determine the algorithm of introducing the business and the perspective of a particular enterprise (in order to improve the marketing company). This issue is caused by the fact that the analysis of the marketability of any scope of activity can be carried out with the help of a clearly defined strategy for the promotion of advertising. In other words, the choice of the most successful advertising option will increase competition among domestic enterprises and provide a chance to achieve the set strategic goals.In 2023, advertising can be described as an active influence on the market. The subject would be interested in advertising when there is an active setting up and encouragement of demand for a particular product or even service. Seeing as, the legal relations which regulate the provision of services, both production (material: production, storage, sale, consumption) and non-production (intangible: sale – simultaneous production and consumption), are now play a major role in the current civil law, in our case, a vivid example will be the placement of advertising. Wide distribution of advertising is carried out with the help of social networks, but the legislative adaptation of this issue is not sufficiently regulated nowadays. This issue in the civil sphere gives rise to numerous studies.With the purpose to ebhance the effectiveness of advertising management, from the point of view of civil law, the author presents the definition of the concept of advertising in the objective sense and the way the consumer interprets this phenomenon and the consequences of using advertising. Regulation at the legislative level of objects such as transactions carried out with the help of Internet advertising entities is not regulated (hence the question of the lack of control mechanisms and responsibility for the implementation of these transactions is arised). There is also a problem of the specifics of consumers’ civil protection who create this advertisement or use it (including objects of intellectual property in the field of advertising). The matter comes up about the development, as in the foreign legal system, of broad legal regulation of advertising on the Internet (in order to obtain a key business result and to protect the individualization of economic activity).The need for complementary regulation of such advertising relations on the Internet as a giveaway has been proven.The concept of the subject of an advertising contract, its classification and the customer’s rights to advertising have been justified.
Peculiarities of civil law protection of honor, dignity and business reputation on the internet as objects of the right of an individual to information regarding himself
Authors: Teleshev S.
Published: September 2023

The article defines the concept of information about an individual as an object of civil rights. The author analyzes the state of legislative regulation of the relationship between the concepts of “personal information” and “personal data”. The basic principles of information relations are highlighted. The issues of the right to privacy in the context of technological progress and digitalization are outlined.The author examines and analyzes a whole range of controversial issues which arise for both civil theorists and practicing lawyers and attorneys-at-law (barristers) on the issues of protection of honor, dignity, and business reputation of individuals on the Internet, including the grounds for legal relations around protection of an individual’s honor, dignity, and business reputation. The article provides a general overview of the conceptual framework and theoretical foundations of the legal definition of honor, dignity, and business reputation of an individual. Particular attention is paid to the issue of defining negative and unreliable information, as well as the legal nature of the appearance and dissemination of such information on the Internet. Also, author research the conceptual foundations of the mechanism of protection of individual’s rights to honor, dignity, and business reputation. The author also pays attention to identifying the shortcomings of the legal regulation of the protection of these rights.The article highlights the specifics of practical issues arising for an individual who is trying to protect personal non-property rights to honor, dignity, and business reputation, which are violated because of posting information on the Internet which, in the individual’s opinion, is not unreliable. To this end, author has reviewed and analyzed several different court decisions (cases) of various instances (from local courts up to the Supreme Court and the European Court of Human Rights).The author makes a logical and consistent conclusion that such legal categories as honor, dignity and business reputation belong to the objects of the right of an individual to information regarding himself. The author offers general recommendations on the choice of legal instruments and methods for protecting an individual’s honor, dignity, and business reputation on the Internet.
Signs of intellectual property as a value-legal phenomenon
Authors: Kotenko M.
Published: September 2023

In the work, the author focused attention on the relevance of studying the properties of intellectual property. It was noted that the relevance of intellectual property research through the prism of its conceptual and categorical dimension is determined by: firstly, the presence of various, sometimes doctrinally opposing theories of intellectual property; secondly, the doctrinal disputability of the characteristic of the functional purpose of the methodological toolkit developed by both legal science and general theoretical methodological research. It has been proven that the basis of defining any concept of legal science, improving its terminological consolidation in the provisions of the legislation of Ukraine are defined properties of the corresponding phenomenon or process, which are generalized and characterized within the limits of the corresponding system of features. Examining intellectual property from the point of view of a value-legal methodological approach, the expediency of revealing the signs of the specified concept, which from the point of view of methodology can be laid as a basis for the further definition of intellectual property as an independent concept of legal science and a term of domestic legislation, has been ascertained.In the content of the article, the author clarified the system and content of signs of intellectual property as a value-legal phenomenon based on the established and analyzed properties of intellectual property. It is noted that the independence of intellectual property in the system of doctrinal concepts and categories is proven by its ability to accumulate and formalize the valuable aspects of intellectual property as such, which by its essence reflects its spiritual value, and by its results, its acquisition of economic and material value.It is summarized that the concept of «intellectual property» is complex and multifaceted, which makes possible its conceptual dimension and corresponding conceptual understanding both within different sciences (economic, sociological, technical, legal, etc.) and within different methodological approaches and methods of scientific knowledge , the result of which is the possibility of providing appropriate definitions of the specified concept. This is confirmed by various definitions of the concept of «intellectual property» presented in encyclopedic literature (legal, economic, technical dictionaries), as well as in literary scientific sources.Therefore, it is summarized that the definition of the concept of «intellectual property» as a special value-legal phenomenon will contribute to the unification of such recognition, as well as strengthen its methodological importance for the development of the conceptual and categorical apparatus of other legal sciences, as well as any other social sciences in general.
The qualification of individual violations of competition legislation in the field of pricing
Authors: Nahornyi O.
Published: September 2023

The article analyses the examples of qualification of the violations of the legislation on the protection of economic competition regarding so-called “parallel behavior” provided for in part 3 of Article 6 of the Law of Ukraine “On the Protection of Economic Competition” (hereinafter the “Law”) by the Antimonopoly Committee of Ukraine (hereinafter the “AMC”) as well as the position of the Supreme Court when reviewing this category of the AMC’s decisions. The results of the analysis revealed, in particular, the consequences of supplementing this Law with the above-mentioned part 3 of Article 6, which appeared in practice in lowering the standard of proof for relevant violations, which also creates the risk of violation of rights and legitimate interests of defendants in cases investigated by the AMC and deprives them of the opportunity to protect their rights and interests in court. The author proposes the changes to the Law of Ukraine “On the Protection of Economic Competition” to eliminate such risks.The article also reveals specific problems of proving anti-competitive concerted practices in highly concentrated markets and makes suggestions on possible options for introducing partial sectoral regulation.The author devotes much attention to the disclosure of methodology for evaluating the economic value added (EVA). The scientific novelty consists in application of the EVA method by the AMC when collecting evidence for qualification of violations in a form of abuse of monopoly (dominant) position in accordance with paragraph 1 of part 2 of Article 13 of the Law, namely, establishment of such prices or other conditions for the purchase or sale of goods, which could not be established provided the existence of significant competition on the market.The author also considers the feasibility of this method being applied by the entities which are defendants in the cases before the AMC qualified under part 3 of Article 6 of the Law as an element of the defense strategy in relevant cases, as well as for the entities that operate on the markets, which are a priority for the AMC and/or are under constant monitoring, to prove the existence of objective reasons for committing similar actions (inaction) on the product market, which led or may lead to the prevention, elimination or limitation of competition.
Non-competition agreement (NCA): certain legal aspects
Authors: Poddubna V.F , Yavor O.A. , Ruban O.O.
Published: September 2023

This article examines the non-competition agreement as one of the types of obligations with a negative content. It investigates the scientific approaches used to determine the legal nature of a non-competition agreement, establishing that it falls under the category of obligations with a negative meaning. The non- competition agreement requires the debtor to abstain from engaging in activities similar to those of the former employer, refrain from disclosing confidential information, and avoid independently establishing a legal entity with a similar scope of activities.The article analyzes the provisions of the legislation in Western countries concerning the specificities of concluding a non-competition agreement. Specifically, the legislations of Italy, the USA, France, and Kazakhstan are considered. Based on this analysis, certain criteria are proposed for recognizing a non- competition agreement as valid. These criteria include that the agreement must be valid for the duration of the employment relationship, be executed in writing, provide for a specified remuneration, and establish clear boundaries regarding the object, period, or territory.Additionally, the article examines the legal aspect of the contract that refrains from competitive actions against a resident of Diya City. This contract is described as retaliatory and concluded in writing. The essential terms of the contract, such as the duration of the obligation, the applicable territory, an exhaustive list of competitive activities, and the material benefits received by the specialist in return for refraining from competitive actions, are defined.Furthermore, the article carries out an analysis of judicial practices regarding the violation of non- competition agreements, revealing an ambiguous nature of court decisions. As a result, this type of contract necessitates theoretical studies of its legal nature and the conditions of its application.
Normative and legal regulation of social dialogue in the field of work
Authors: Dubrov M.О.
Published: September 2023

The article is devoted to issues of normative and legal regulation of social dialogue in the sphere of labor in Ukraine. Since the formation of a market economy and a civilized transition to the market are impossible without the functioning of an effective system of social dialogue. It is the social dialogue that should act as a way of civilized coordination of the interests of different groups when resolving the contradictions that arise and preventing conflicts in the socio-economic and labor spheres. Its effective development is one of the conditions for the European integration of Ukraine. Having analyzed the current legislation on labor, on collective contracts and agreements, special legal literature on social dialogue, a conclusion was made about the imperfection of the regulatory and legal regulation of social dialogue, which reduces the effectiveness and efficiency of social dialogue in the field of labor. For example, in the Law of Ukraine “On Social Dialogue in Ukraine” the definition of social dialogue is imperfect, the list of social dialogue bodies and the list of organizational and legal forms of social dialogue in the sphere of labor is incomplete, the place and legal status of social dialogue bodies in the sphere of labor also needs to be properly defined , who are participants in such relations, etc. The current Code of Labor Laws of Ukraine, draft Labor Codes do not contain special norms on social dialogue in the field of labor. Taking into account the legislative experience of foreign countries, the positions of domestic scientists, it is proposed to supplement the Code of Labor Laws of Ukraine, the draft Labor Code of Ukraine with a separate chapter “Social dialogue in the sphere of labor”, in which norms on the main provisions on social dialogue in the sphere of labor, including a list of institutional principles of social dialogue in the field of work with definition of their concept and content. At the same time, positive points in this direction were noted, in particular, the adoption of the Law of Ukraine “On Collective Agreements and Contracts” and the creation of a working group to develop a draft law on collective labor disputes. Since the question of improving the legislation of Ukraine on social dialogue and collective labor disputes and its adaptation to the legislation of the European Union is more timely than ever.
Evolution of Jurisdiction in Medical Malpractice Cases in Hungary
Authors: Zákány Judit
Published: September 2023

In Hungary, in the period before the political transition, in 1989 and in the first years afterwards, a relatively small number of medical compensation lawsuits were initiated. However, the enactment of the Health Act in 1997 has gradually changed this and made the patient from the previous vulnerable position to an equal partner with the healers. As a consequence, we can observe the conscious consumer behaviour of citizens in relation to healthcare services, so recently the quality of health services is more often being questioned.In the previous judicial practice, the rate of patients winning lawsuits was completely different compared to the current situation, the majority of cases ended with the dismissal of their claims. The reason for this lies in the vulnerable position of the patient which already exists during healthcare and lawsuits as well. Neither the judicial practice nor the legal environment attempted to counterbalance this vulnerability at that time.However, this has gradually changed, and nowadays we can witness a particularly strict judicial practice, the establishment of liability for damages of healthcare institutions is frequent.The purpose of the article is to demonstrate how the judicial practice of the medical compensation cases has evolved over the past 15-20 years in Hungary, and as a result, what currently observable trends have emerged. To achieve this, it is essential to examine extensively two preconditions of civil law liability for damages, namely causation and fault, as jurisdiction has changed the most in this aspect. Many factors of uncertainty arise in connection with healthcare services due to the uniqueness of the human body. The outcome of lawsuits is significantly influenced by how the court assesses uncertainty factors and which party bears the burden of uncertainty.
Subject area of generally permissive type of legal regulation in Ukraine
Authors: Radanovych N.
Published: September 2023

The article deals with the specific aspects of theoretical characteristics of the generally permissive type of legal regulation, in particular its subject area. It is assumed that this subject area is based on the social purpose of the regulation under study, that is on the supreme manifestation of human freedom within the existing legal order. Since currently freedom is interpreted in its close relationship with human dignity, as evidenced by international human rights standards, it is proposed to assume as the methodological basis for identifying the “generally permissive area” the constitutional postulate of recognizing a person as the highest social value. Accordingly, it was established that the “essential characteristics of human existence” defined in Article 3 of the Constitution as the Basic Law of Ukraine - life and health, honor and dignity, security and inviolability have specific features in the context of solving the study task, in particular: a) first of all, they determine human existence, that is respectively a manifestation of the essential (natural) freedom of an individual, and, therefore, in the relations with other people, society, the state, they constitute the “inviolable minimum level” and should be to the maximum extent autonomous and protected from external interference; b) they depend on the worldview of an individual (have subjective characteristics, such as “sense of self- worth”); c) are declared comprehensively, in the context of ensuring the integrity of an individual, as the “key parameters” of a common value – a human that enables realization of the “ideal of a free personality”, its free, full and comprehensive development and prosperity; d) are positioned at the level of paired (closest, interdependent) categories, which indicate the closest relationship – coordination in the process of clarifying their nature and corresponding provision.Being largely dependent on the volume of freedom, such value components of the essence of the human personality indicate the main directions of the generally permissive orientation of legal regulation, project three main groups (blocks) of relations that make up its subject.Accordingly, the relations that are: 1) connected with implementation of the value of “life and health”; 2) connected with the embodiment of the values of “honor and dignity”; 3) connected with the embodiment of the value of “security and inviolability” were studied.The possibilities of general permissive regulation of these relations through the mediation of relevant legal prohibitions, obligations, permits, which can perform the functions of general permission limiters (as the basis of the general permissive regulation) or guarantees (“amplifiers”) of general permission, have been identified.
Implementation difficulties of the administrative responsibility institute for violation of labor legislation
Authors: Lavronova I.
Published: September 2023

The article is devoted to the analysis of modern problems of institute administrative responsibility realization in the sphere of labor law. In the article is substantiated the necessity of taking into account the peculiarities of the sphere of labor relations, which affect the procedure for consideration and prosecution of guilty persons for violation of the requirements of labor legislation. The focuses on the problems of implementation of the institute of administrative responsibility, demonstrating reformation necessity of administration and labour legislation. Moreover, is described the problem of lack of definition of administrative responsibility for violation of labor legislation, as well as the need to determine the mechanism for the implementation by authorized persons of state bodies in an administrative manner of imposing penalties on persons who, while performing their official duties, committed violations of labor legislation norms for which administrative responsibility. The range of labor legislation violations and the reference nature of articles providing for administrative liability are outlined, the reasons for the inefficiency of the model of administrative responsibility for violation of labor law requirements are analyzed, which indicates the need to improve the current legislation in order to achieve effective regulation. The problems of terminology in administrative and labor legislation, in particular, the application of the concept of «insignificance» in administrative cases of violation of labor law, the mechanisms of application and implementation of protection of labor rights are indicated. The problem of the lack of determination of the composition of administrative misconduct for violation of labor legislation, which leads to erroneous bringing of managers to administrative responsibility, has been noted. Examples of judicial practice of consideration by courts of cases on administrative offenses in the field of labor and labor protection are involved. The problems of a significant number of court cases on administrative offenses defined by Article 41 of the Code of Administrative Offenses, which are closed due to the expiration of the term for imposing an administrative penalty, are outlined.
Financial and legal status of public law legal entities
Authors: Storozhuk I.
Published: September 2023

The purpose of the article is to establish the financial and legal status of legal entities under public law as subjects of administrative law.

The article is devoted to the study of the concept and essence of «legal entity under public law». The authors analyze different approaches to the definition of this term, including its relation to the concept of «public legal entity». They point to the need to establish clear criteria for distinguishing legal entities under public and private law.

The article also examines the relationship between legal entities under public law and public law entities, revealing their specific legal capacity and legal capacity. The authors emphasize the special procedure for the creation, reorganization and liquidation of legal entities under public law, which is based on administrative acts of state authorities or territorial communities . The article also discusses the debatable issue regarding the criterion for distinguishing legal entities of public and private law and its exclusivity.

The article examines in detail the peculiarities of legal entities under public law, including their creation, reorganization, liquidation, as well as their financial and legal status. The authors analyze the official explanations of the National Agency for the Prevention of Corruption, which provide a detailed description of the characteristics of legal entities under public law. They also consider the issue of ownership and use of property by legal entities under public law. The article helps to better understand the differences between legal entities under public and private law.

The article examines the financial and legal status of legal entities under public law, in particular, their main sources of financing, rights and obligations regarding property and financial management. The authors emphasize the importance of state control and supervision of financial operations of such legal entities, as well as their obligation to ensure transparency and openness of their financial activities. The article makes a valuable contribution to the understanding of the financial and legal status of legal entities under public law.
Theoretical and conceptual features of the implementation of state policy in the sphere of ensuring the rights and freedoms of persons with disabilities by the Cabinet of Ministers of Ukraine under martial law
Authors: Fomichov K.
Published: September 2023

The article is devoted to the administrative and legal analysis of the implementation of state policy by the key subject of public administration in the field of social protection of persons with disabilities under martial law.

It should be stressed (emphasized) that state policy is based on a complex approach of functional direction aimed at solving interrelated political and socio-economic problems with timely response to changes and innovations to overcome these problems in the state and society.

The task of the Government, assigned to the sphere of social protection of persons with disabilities, is revealed, and the main normative legal acts of the Cabinet of Ministers of Ukraine on ensuring compliance with human rights and freedoms, creating favorable conditions for the free and comprehensive development of the individual without barriers are analyzed. The peculiarities of the complex of measures guaranteed by the state and aimed at providing life support for persons with disabilities and groups with limited mobility have been clarified. Attention was drawn to the peculiarities of the implementation of this complex in the conditions of the state of war in which Ukraine is.

It is specially noted, in the conditions of martial law and for the implementation of civil security measures, guaranteeing the provision of life-saving measures to all citizens of the country, persons with reduced mobility and persons with disabilities need additional assistance.

The procedure for organizing notifications about the threat of occurrence or occurrence of emergency situations and organizing communication in the field of civil protection of persons with disabilities and mobile groups was analyzed; carrying out the evacuation of persons with disabilities and mobile groups in the event of the threat of occurrence or the occurrence of emergency situations.

It has been established that in the conditions of martial law and the constant threat to life and health due to constant massive rocket attacks, and in some areas, the rapid fire attacks of residential communities, where civilians among them and those who are physically unable to take care of themselves die every day, are persons with various physical disabilities, low-mobility population groups, persons with disabilities.

In this regard, there is an urgent need for the adoption of a special normative legal act defining the detection, notification and evacuation of persons with disabilities and other less mobile population groups during the period of emergency and military operations, with the definition of the subject of the implementation of these measures.