bluuebunny/crossref_metadata_2025 huggingface dataset:
The seasonal changes in the position of the upper boundary of the Black Sea hydrogen sulfide zone due to the nature of the dynamic processes development
Authors: Belevich R.R. , Andrianova O.R. , Skipa M.I.
Published: April 2022

The position and seasonal fluctuations of the depth of the maximum water salinity gradient in the Black Sea in the upper 150 m layer (halocline), which is interpreted as the upper boundary of the hydrogen sulfide layer in the sea, were estimated based on the analysis of climatic data of the vertical distribution of salinity for the period 1903—1982. Seasonal maps of the depth of this boundary in the water area of the sea were constructed, and extrema (axes of maximum and minimum) were identified. Features of dynamic processes in the Black Sea were estimated by the position of the axes of the convergence and divergence zones, which correspond to the values of the maximum and minimum in the field of the considered characteristic. Water temperature and salinity maps in isolines with extremum axes highlighted on them — the positions of the vergence zones axes were built at this depth in a similar way. Thus, ideas have been obtained where the position of the upper boundary of the hydrogen sulfide layer should be expected in a specific season and region.

For comparison with the current hydrophysical conditions in the Black Sea, the actual materials of individual surveys carried out three times in 2016, 2017, and 2019 during a warm period on a zonal section in the open sea were analyzed. The depth of the upper boundary of the hydrogen sulfide zone was 55, 56, and 54 m, respectively, while according to climatic data — 62 m. It may indicate ongoing changes due to climate warming.
RELEVANSI NILAI KEBAJIKAN DALAM KEBIJAKAN KOMUNIKASI: MEMAKNAI INFORMASI FUNDAMENTAL DARI PERSPEKTIF INVESTOR
Authors: Sudarma Made , Wulandari Putu Prima
Published: April 2022

The purpose of this research is to reveal the meaning of fundamental information from the perspective of investor in their process of making investment decision. Qualitative approach is used in extracting the meaning of investor’s understanding and experience in natural perspective. Interpretive paradigm is used to lead the researchers’ way of thinking in studying human and their experiences. Transcendental phenomenology is used to reveal the awareness phenomenon in experience understood by the informants. Informant’s awareness is a simple format yet can be used to gain deep understanding. The research finding shows that fundamental information is interpreted as macro and micro information which is connected to each other. The second finding describes the interpretation of fundamental information for investor as a communication policy that should be based on virtue value to induce investor’s trust, comfort and confidence level in making decision. Virtue value in this case is the accountability with company’s good intention in revealing fundamental information, both in form of positive predictive value and negative predictive value. The investor’s dependency of fundamental information in form of financial reports invokes investor’s awareness that virtue value in company’s communication policy is the main value relevance.
The concept and classification of legal fictions in the modern legal science
Authors: Borshchevsky I. V. , Grin O. D.
Published: April 2022

The article analyzes the essence of the «legal fiction» category from the position of the traditional approach, according to which it is considered exclusively as a means of legal technology, as well as a way of replenishing gaps in legislation and as a legal fact. The opinion is given of the need to study and distinguish between such concepts: «legal fiction», «fictitious norm», «fictitious action», «fictitious state», as well as the release of legal fiction from negative characteristics, since it has a huge positive potential and as a means of legal technique It plays an exceptionally positive role, performing the function of protecting various interests and the function of procedural economy, contributing to the rapid and proper permission of the case on the merits. The following main signs of legal fiction are allocated: indisputability, deliberate falsity, regulativity, imperativeness (in rare cases, dispositional), intentional deformation of reality.The logical apparatus of dialectic categories is applied to determine the essence of the category “fiction”, which makes it possible to reveal this category from the standpoint of its development and internal content. Owing to the use of such an approach, the formation of a conceptual apparatus becomes possible, which, in turn, contributes to the deepening of legal knowledge, as well as the identification of the right not yet disclosed properties.The position is argued that the study of the role of fiction role in the legal sphere not only acquires particular relevance, but also requires a certain rethinking, clarification and appropriate additions, taking into account changes in the development of public relations and processes that occur in the modern world. It is important to adhere to the general traditions of domestic jurisprudence, but practice dictates new realities, which are due to changes in public and government development, the formation of a new look at the toolkit used in legal life, which is already tested by practice and can be used to improve the effectiveness of the law mechanism, precisely It belongs to legal fiction, which is widely used in the material and procedural industries of Ukrainian law. At the present stage of the development of the legal system, it is not necessary to deny the importance of legal ficiations, they constitute an absolutely indispensable tool of law-making technology and necessary in terms of legislation.
Cybersquatting as a violation of intellectual property rights
Authors: Buletsa S. B. , Tegza A. V.
Published: April 2022

The scientific article conducted a study of the legal basis of cybersquatting in Ukraine, the current legislation of Ukraine and the EU in the field of anti-cybersquatting and legal doctrine. Cybersquatting has become one of the most serious problems faced by companies working with consumers. It consists in the unfair registration, sale or use of a domain name of another's trademark with the intention of making a profit. Scammers often use the most common mistakes in spelling domain names, trademarks and color schemes of existing companies to mislead consumers. International methods of combating build an effective strategy to prevent most violations in the future, but innovations in tracking and prevention systems still need to be further improved, as it is difficult to limit their effects to a specific violation alone. After analyzing the UDRP as a procedure, we can conclude that it contains not only rules, substantive and procedural, but also is an autonomous source of regulation, which gives this procedure a non-state character. Based on the study for Ukraine, the authors of the article propose the adoption of anti-cyber quoting legislation, which would largely solve the problems caused by attempts to adapt traditional legal principles without harm and with their full preservation. The law should clearly enshrine the right of domain name holders to recover damages from anyone who registers and promotes a domain name owned by another company for resale. In addition, it is necessary to improve the existing out-of-court system of protection in the field of protection against cybersquatting, in particular by placing on the official website a column with a protection algorithm for pre-trial investigation, which would significantly reduce the number of lawsuits.
Legal regulation of building in Ancient Rome in the coordinates of the value and meaning universe of quirite
Authors: Vovk V. , Misinkevych L.
Published: April 2022

The article reveals little-studied issues of the organic relationship between the worldview of the ancient Romans and the legal regulation of construction in Rome. Based on the philosophical, legal, cultural, historical intelligence of domestic and foreign scholars, the author offers his own vision of the problems of legal regulation of construction in ancient Rome and its legal regulation. The article focuses on the fact of the city as a cultural phenomenon that shapes its own inner world, its value-hierarchical system, has an original landscape and relevant features, which leads to the emergence of Roman law as city law. It turns out that the city of Rome was a specific object, which is characterized by metaphysical and spiritual projections, within which there was a specific system of legal regulation. The author concludes that the queer had their own, original idea of space (different from the idea of space of the ancient Greeks), which had a specific material embodiment in architecture - closed and cramped living spaces and spacious and tall buildings for the public use and religious buildings. The peculiarity of the legal regulation of construction in ancient Rome was that it was initially limited to servitude law (regulation of the connection between land and plots and buildings built on them), and later legislative initiatives were preventive in nature, as they were aimed at preventing fires. In addition, the authors point out that the legal regulation of construction in ancient Rome was an organic combination of customary practice and conscious legislation of authorized persons. The article convincingly proves that Rome-city and everything that happens in it is a historically fixed state, and therefore its study is associated with the introduction of the subjectivity of the author, despite the academic rational narrowing of historical and legal phenomena that are studied and evaluated.
The problem of determining the place of family law in the legal system
Authors: Shust M. S. , Polishchuk M. G.
Published: April 2022

The article is devoted to the category of the problem of determining the place of family law in the legal system of Ukraine. The question of determining the place of family law in the legal system is debatable. There are two main points of view on this issue. According to the first of them, family law is considered as an integral part of civil law, its sub-branch, according to the second family law - is an independent branch of law, separate from civil law. The essence of the discussion is to recognize the existence of family law specific subject and method of legal regulation, do not coincide with the subject and method of civil law, or to identify subjects and methods of family law and civil law and, accordingly, to consider family law as a branch of civil law.

Today, the above questions can be asked in two aspects: in retrospect, in terms of the concepts of family law that have existed in science at different times, and in terms of the modern vision of the problem.

Today, the intensity of the discussion has decreased due to the revision of basic concepts of law. Restoration of the division of the right into private and public has become not just a tribute to fashion, but a natural and necessary step in the development of Ukrainian legal thought.

Public law is considered as a set of rules, the subject of regulation of which is the sphere of public (state) interests. The relations that arise here are based on the principles of subordination.

Private law, on the contrary, is a set of rules, the subject of regulation of which is the sphere of private, individual interests of the person1. Such relations are based on the coordination of the purpose and interests of their participants, who in the process of interaction satisfy first of all their private interests.

Family law is closely linked to other areas of law, including civil law on property rights and inheritance; Like housing rights, people who are eligible for housing also live in a family, although the definition of an agency has certain departmental characteristics.

Family law is characterized by the presence of many rules that contain positive obligations. They are primarily addressed to adult family members and relatives - parents, adoptive parents, guardians and trustees. Positive commitments seem to motivate participants in family relationships to positive actions, stimulate their lawful behavior. Yes, parents are obliged to support the child until he or she reaches the age of majority; guardian, trustee is obliged to raise the child, take care of his health, physical, mental, spiritual development, to ensure that the child receives a full general secondary education.
Problem issues of application of electronic evidence in the economic process
Authors: Podvirna O. V. , Schneider A. О.
Published: April 2022

The scientific work reveals the topical issue of the role and possibility of using electronic evidence in business, as it is controversial and problematic today, namely the legal regulation of their use in commercial litigation, which is primarily due to the discussion of scholars and lawyers on the institution of evidence and proof in commercial litigation. The main reason for the emergence of electronic evidence in the business process, namely - integration into European institutions. The concepts of "electronic proof" and "electronic form of proof" are defined. The paper also presents the legal nature of the presentation and evaluation of electronic evidence. The peculiarities of its application are determined, which consist in the recognition and involvement of electronic evidence in the case, which are represented by the participants in court. The reasons for the controversial issues regarding the interpretation of the concept of "electronic evidence", as well as the possibility of their application in resolving commercial disputes. The opinions of scientists on the concepts: "electronic proof and electronic form of proof" are analyzed and the features that distinguish them from other types of evidence are singled out, namely: not the material form of electronic evidence; existence of a technical information carrier; the ability to transfer or copy to different devices without losing content. The main ideas and statements of the scientific community on the understanding of the concept of "electronic proof" and the possibility of using electronic forms of proof in establishing the truth in economic and legal conflict are studied.

The main methods of presenting and examining electronic evidence related to the possibility of exercising the right to judicial protection in any way and methods that do not contradict procedural law are identified.

We noted that the ability to use electronic evidence in court is recognized as a progressive innovation. However, the procedures for registration, submission and involvement of such documents are quite complex and problematic, which in turn leads to the need to improve its legal regulation and legislative consolidation.
Age discriminations in the workplace: impact differentiators
Authors: Shurupova K. V. , Abdel Fatah A. S. , Sklema T. Yu.
Published: April 2022

This article contains an analysis of international, national and labor legislation, respectively, in the field of discrimination on the grounds of age. Recommendations for improving legal regulation and application of practical innovations in this area are analyzed and introduced. Given these trends, the prevalence of discrimination in employment and not only on the basis of age, but also on many other factors, such as gender, social status or mental skills, which for many people this provision seems to some extent natural and correct, has allowed and has become a motivating factor in order to carefully study and pay attention to the factors that have increased the effectiveness of this fight against discrimination, the creation of a separate law enforcement act or regulation that will separately regulate discrimination in employment, as well as the development of certain thematic programs to form ideas and attitudes of people in the working team for different age groups, where additional attention will be paid to youth employment. The study also examines international experience in the attitude and methods of solving problems in the field of age discrimination, not only in the field of labor, but in general. The complexity and prevalence of the phenomenon has caused different views on the issue from both scientists and ours, so the paper defines the general concept of discrimination in the field of labor, assigned personal characteristics and separated by special characteristics from related legal categories, clarified methodological inequalities and imperfections that cause a cause-and-effect relationship with a negative indicator of combating this issue. A comparative research method on discrimination in employment on the basis of age, based on the experience of predecessors, namely the comparison of the then society in the modern technological society, where the problem of technological processes and new information resources is absent. In order to achieve a qualitative analysis of the issue, as the purpose of the work as a whole, special attention was paid to criticism and analysis of innovations in international standards of methodological prohibitions and rules to combat the above topic. The classification of types of non-discrimination in the field of labor, the analysis of the legal regulation of the mechanism of improvement of this problem, the special attention was paid to the detection and prevention of discriminatory manifestations in the field of labor in general.
Electronic trading system of solid biofuels as a means of ensuring sustainable development: problems of legal regulation
Authors: Malolitneva V.K.
Published: April 2022

The present article is dedicated to the problems of legal regulation of the creation and functioning of the electronic trading system for solid biofuels. The paper analyses the latest initiatives, including draft regulations, which propose to introduce the trading system for solid biofuels. Special consideration is given to the mandatory percentage of both sales and purchases of solid biofuels in the e-trading system for a certain list of entities, primarily of state and municipal ownership in order to ensure a guaranteed demand and supply. It is argued that it is not appropriate to exclude contracting authorities that are covered by the Law of Ukraine “On Public Procurement from such list of entities, which is stipulated by the following: 1) it may negatively affect the very idea and purpose of creating such a system, as the State is one of the largest buyers; 2) the transfer of procurement by contracting authorities covered by Law of Ukraine “On Public Procurement” to another e-trading system will not contradict the main purpose of legal regulation of relations in the field of public procurement, as the principles of such system correspond to the principles of public procurement (principle of non-discrimination, competition, transparency and efficient use of public funds). It is also mentioned that Prozorro could be considered as a platform for an e-trading system for solid biofuels, which will ensure a high degree of transparency and interconnection of information on all purchases of contracting authorities who are buyers of biofuels; 3) it is emphasized that the imposition on contracting authorities covered by Law of Ukraine “On Public Procurement” who are buyers of solid biofuels, the obligation to purchase fixed volumes of solid biofuels using e-trading system will ensure implementation of goals and objectives defined in program and strategic documents for achieving Goal 7 of sustainable development and implementation of Ukraine's international obligations.
Public policy in the field of food safety and veterinary medicine
Authors: Popovych T. , Golinka S.
Published: April 2022

The article is devoted to outlining certain aspects of legal regulation of veterinary medicine in Ukraine. The paper analyzes the study of legislation in the field of veterinary and episodic welfare, as well as food safety. The stages of reforming the central executive body that implements the state policy in the field of food safety are distinguished. A comprehensive analysis of the planning and implementation of veterinary-sanitary supervision and control at the controlled entities of food production, storage and marketing is analyzed. Conceptual approaches to the formation of the state personnel policy in the field of food safety have been proposed, while the main goals that formulate the needs of the industry by professional, competent and qualified personnel have been outlined. The ways of improvement of unplanned measures of state control and application of administrative influence are suggested.

 The author concludes that the organization of the food service base of Ukraine is unexplored and legislatively imperfect, which creates obstacles to the effective work of the central executive body, which implements state policy in the field of veterinary, sanitary and epizootic welfare. It is emphasized that a necessary precondition for improving the national strategy of food security of Ukraine is the creation of a viable, constructive state veterinary service, capable of performing the functions of state veterinary and sanitary control and supervision. This gives reason to believe that the formation of state personnel policy in the field of food safety and veterinary medicine of Ukraine today is one of the pressing issues that need to be addressed in both scientific and practical aspects.
Problems of administrative support legal regime temporarily occupied territories Ukraine in the activities of border guards (in the context of current practices in cases of administrative offenses and matters of administrative procedure)
Authors: Gavrik R. , Demchyk N.
Published: April 2022

In the scientific article the author conducted a scientific study of the problems of ensuring the administrative and legal regime of the temporarily occupied territory of Ukraine in the activities of the State Border Guard Service of Ukraine in the context of current practice in cases of administrative offenses and administrative proceedings. On the basis of the conducted research, the author came to the conclusion that in judicial practice there is a problem of release of the persons who have committed the administrative offense provided by Art. 204-2 of the Code of Ukraine about administrative offenses on insignificance of the committed. The author notes the need to amend the sanction of Article 204-2 of the Code of Administrative Offenses of Ukraine in order to prevent the release of a person from liability on the basis of insignificance of the offense, failure to cause serious consequences for the state and society, etc. The only exception may be the commission of an offense in a state of extreme necessity (including for the purpose of treatment, testing or anti-epidemic measures, ie falls under the notion of extreme necessity) and in the event of a natural disaster or epidemic threat. The latter circumstance is caused by the practice of closing checkpoints by illegal armed groups due to so-called quarantine restrictions, which deprives citizens of Ukraine, foreigners and stateless persons of the legal opportunity to cross the border from the temporarily occupied territory and enter or leave Ukraine. it from the temporarily occupied territory. In this regard, the author proposed to provide that Article 204-2 of the Code of Administrative Offenses of Ukraine does not apply to cases of violation of the order of entry into or exit from the temporarily occupied territory of Ukraine, if it occurred in the absence of actual checkpoints in the temporarily occupied territory and if such a violation occurred in conditions of danger to the life and health of these persons, the life and health of their family members due to a natural disaster, pandemic or active hostilities.
Concepts and features of certain elements of the legal status of civil servants in Ukraine
Authors: Grishchuk A. B.
Published: April 2022

The article notes that the active reform processes taking place in Ukraine have a significant impact on the development of Ukraine as a legal, social and democratic state. Currently, there is an active reform of public administration and local government. The legislator and the legal status of the civil service in Ukraine did not miss attention in the field of legal support reform. Thus, the active development of the civil service institute has gone from the emergence of development and reform to the current state of legal support and institutional affiliation of various genera and types of civil service

The term «legal status» should be understood as a system of statutory freedoms and obligations, as well as guarantees for the activities of a civil servant in the process of his civil service. Thus, we can identify the following thesis, which once again emphasizes the importance of the legal status of a civil servant. Thus, a civil servant is a person who, in order to perform the tasks and functions of the state, exercises his constitutional right to participate in the management of public affairs and carries out his activities within certain statutory powers manifested in the system of rights and responsibilities of a civil servant. in connection with admission to the civil service and remain with him throughout the term of service.

Legislative consolidation of the legal status of civil servants is reflected in a number of regulations, including the Labor Code of Ukraine, the Law of Ukraine "On Civil Service" as well as acts of sectoral legislation (eg Law of Ukraine "On the Cabinet of Ministers of Ukraine") and other acts sectoral legislation aimed at legal regulation of the legal status of civil servants.
The place of civil society in the mechanism of modern law-formation
Authors: Didych T.
Published: April 2022

The author analyzes the approaches to understanding law-formation, reveals potential areas of research in lawmaking. It is emphasized that civil society is an important institution that is an integral part in the process of law formation. However, the question of the place of civil society in the formation of law, the nature of its functioning, the impact on the content of law in legal science have not received unambiguous answers, the vast majority of scholars generally avoid asking these questions and providing scientific answers. Law-formation is a complex and multifaceted phenomenon that is associated with a wide range of entities that are directly or indirectly involved in the formation of law. The necessity of scientific rethinking of the problems of the place of civil society in the system of subjects of law-making is substantiated, which is carried out by isolating and characterizing the levels of its influence on law-formation. Isolation and characterization of the levels of influence of civil society on the formation of law will reflect one of the main aspects of its place in the system of legal entities, which is determined by the interaction of civil society and affects the features of law, giving it institutional properties. Depending on the range of civil society, the levels of its influence on the formation of law are: 1) direct influence on the formation of law, which is an independent level of civil society influence on law-making, which is realized by the people - ie all citizens of all nationalities by direct expression of will people concerning the adoption, amendment or repeal of the rule of law; 2) indirect influence on the formation of law, which is an independent level of influence of civil society on law-making, which is realized by it through associations of citizens through official or unofficial pressure on the subjects of law to adopt, change or repeal law. It should be emphasized that the indirect influence of civil society on the formation of law occurs through associations of citizens who are able to accumulate the needs and interests of citizens, generalize them and influence the process of law formation in the context of implementation, protection or protection of needs and interests of citizens. which they formed the appropriate association. Central to the system of citizens' associations are civil society organizations and political parties, which play the role of the subject that mediates the influence of civil society on the formation of law.
The legal nature of the evaluative concepts of "justice", "good conscience" and "reasonableness" in the Tax Code of Ukraine
Authors: Patsurkivskyy P.P.
Published: April 2022

The article is devoted to the research of the aspect to be discussed of, the updated during the last few years, doctrinal legal tools of the Tax Code of Ukraine in order to eliminate gaps in regulation of tax relations and strengthening the certainty of tax law.Any right only seeks legal certainty, but in fact, to a large extent a priori remains uncertain in the strict sense of the word. It is so due to, primarily and mainly, the irresistible procedural nature of all social relations including relations on taxation.The specific purpose of the study is the attempt to analyze legal nature of evaluative concepts of justice, good conscience and reasonableness in the Tax Code of Ukraine. Anthroposocial and cultural approach, primarily axiological, historical and comparative legal methods, as its components, were used as methodological tools. According to the results of the study a number of conclusions are substantiated. In particular, it was clarified that the Tax Code of Ukraine is not yet characterized by a broad and systemic application of the evaluative concepts of justice, good conscience and reasonableness. In cases when they are used in it, the domestic legislator has invested in these concepts the content radically different from what is generally accepted in the European legal space, or even used these concepts as antonyms (dishonesty, unreasonableness) or synonyms (rational).At the same time, the tendency to the actual use of the aforementioned valuation concepts as principles of tax law has already become apparent. As the nature of the tax is common to all societies and Ukraine has stated its intention to integrate into the EU, there is a need to implement into the Tax Code of Ukraine the approaches to the application of evaluative concepts such as fairness, good conscience and reasonableness, inherent in their application in the European legal space of Ukraine - as legitimate principles of tax law of Ukraine. It became obvious that the title of Article 4 of the Tax Code of Ukraine should be changed from “Basic Principles of Tax Legislation of Ukraine” to “Principles of Tax Law of Ukraine” and state these principles on worldviews and methodological approaches, inherent in the European public space.
Administrative and legal support preventing and resolving conflicts of interest in the sphere of healthcare: scientific and terminological search
Authors: Yarova A. E.
Published: April 2022

The article deals with the study of administrative and legal support aimed at preventing and settling conflicts of interest in the field of health care, demonstrates their structure, mechanism and preset concepts. The article contains the author's definition of the legal structure "administrative and legal support for the prevention and settlement of conflicts of interest in health care field" as a set of actions of authorized entities, which has a targeted impact on identifying and eliminating conflicts between private and public interests of entities acting in the field of health care by means of a regulating mechanism, which is implemented through norms, relationships, means, forms and methods of administrative and legal influencing, in order to protect and safeguard human rights, freedoms and interests, as well as to preempt conditions for committing offenses related to corruption in the field of health care. It has been concluded that health care is a system of legal, socio-economic and treatment-and-prophylactic measures and technics aimed at preserving, strengthening and restoring human physical and mental health.

Emphasis is placed on the fact that the mechanism of administrative and legal support for the prevention and settlement of conflicts of interest in the field of health care is a set of administrative and legal means, which are based on the corresponding norms and regulations and aimed at regulating public relations in the activities designed to prevent and settle conflicts of interest in the field of health care. The main subject of such a mechanism, taking into account the administrative law approaches, includes the managerial component of public nature. The conclusion can be drawn that the main elements of the structure of administrative and legal support for prevention and settlement of conflicts of interest in the field of health care include: the object and subjects, norms and relationships, principles and means, forms and technics, etc.
Prospects for the fight and prevention of smuggling crime within the boundaries of Ukrainian legislation
Authors: Kukshynova O. O. , Nosenko D. S.
Published: April 2022

The article is devoted to the research of the current state of work of Ukrainian customs authorities to combat smuggling, the research of measures to prevent and combat smuggling, defined in the Customs Code of Ukraine and other acts of customs legislation. The article also reveals the gaps in Ukrainian customs legislation in the field of combating smuggling and gaps in the work of Ukrainian customs authorities in combating the illegal movement of goods, valuables and other items across the state border, including drugs, weapons, cigarettes and cultural property. The smuggling of such items poses a special danger to Ukraine and the world at large.

The article emphasizes that combating illegal movement and / or transportation is one of the priorities of the state. The Ukrainian legislation in the field of counteraction to illegal (smuggled) movement of goods, valuables and other objects across the state border is analyzed. It has been determined that the Ukrainian customs authorities of Ukraine are one of the main subjects of counteracting such a crime as smuggling. Particular attention is paid to the legal framework of the customs authorities of Ukraine to combat smuggling.

The article examines the research and proposals of scientists, as well as the scientific literature on the study of smuggling crime.

The concept of smuggling and other terms related to this area are also studied. It is emphasized that today the situation with illegal movement of objects across the state border of Ukraine remains quite difficult.

The conclusion is made about the need to amend the legislation in this area, as well as the need to learn international experience in preventing and combating smuggling. It was also stressed the need to intensify the rule-making process to improve or create new regulations that would improve the activities of state customs authorities of Ukraine in the fight against smuggling, as well as coordinate the work of customs and law enforcement agencies of Ukraine.
Mental disorder as a legal fact: terminological aspect
Authors: Tyshchenko O. I.
Published: April 2022

The article is devoted to the study of mental disorder as a legal fact from a terminological perspective. The scientific analysis of the relevant normative sources carried out by the author made it possible to identify a terminological problem, which consists in the inconsistency of the use of terminology in international standards, criminal law, criminal procedural law, other laws and by-laws of Ukraine for the denoting of mental disorders.

 

            The emergence of terminological diversity at the level of international legal standards is confirmed, in which the terms “mental illness”, “mental disease”, “mental and behavioral disorders”, “mental disorder”, etc. are used. It is concluded that the lack of clear definition in the international legal field has led to incomplete consistency of this terminology in the criminal and criminal procedure legislation of Ukraine. 

            It is analyzed that the criminal procedure law, as well as the criminal law, reflects the use of different terms by the legislator to denote mental anomalies, while the range of categories used differs from the criminal law ones.

It is found that the relevant Law of Ukraine On Psychiatric Care and the relevant by-laws also use different terminology: mental disorders, severe mental disorders, mental illness, mental and behavioral disorders, etc.

 It is concluded that the legal model of mental disorder is characterized by inconsistency in the use of terminology at the international, sectoral and intersectoral levels.   

In order to overcome the unjustified synonymy, taking into account the arguments expressed by some experts regarding the expediency of deviating from the use of the terms “mental illness” and “mental disease”, it is proposed to support the proposal to replace these terms in the criminal and criminal procedure law with a more correct and non-stigmatizing category of “mental disorder”.
Situation of scientific research in the sphere of electronic mapping in criminal proceedings
Authors: Hrebenkova M. S.
Published: April 2022

Considering everything, the accusation of a person is formed due to the available evidence in criminal proceedings, the scientific article pays attention to a new source of evidence - evidence that exists in electronic form.

It is noted that today scientists call and define the evidence that exists in electronic form in different ways.

The purpose of the article is to highlight the situation of scientific research in the sphere of electronic mapping in criminal proceedings, which will contribute to the further development of theoretical and practical aspects of the use of evidence that exists in electronic form.

It draws our attention to the fact that the Commercial Procedural Code of Ukraine, the Code of Administrative Procedure of Ukraine, the Civil Procedure Code of Ukraine enshrine the concept of "electronic evidence" as a separate type of evidence on a par with material and written (documentary). However, there is no such evidence in the Criminal Procedure Code of Ukraine.

In order to comprehensively cover the state of scientific research on this topic, the author, taking into account the most indicative positions of scientists, was divided into certain blocks by the names of evidence that exist in electronic form: electronic evidence; digital evidence (digital (electronic) evidence); electronic traces (electronic digital footprints, virtual footprints); electronic mapping.

It is noted that it is inexpedient to enshrine the concept of "electronic footprints" in the Criminal Procedure Code of Ukraine, which will denote evidence that exists in electronic form.

It is summarized that certain concepts of scientists regarding the name of the category of evidence that exist in electronic form, mainly have common features: "factual data or information system presented in digital (discrete) form or information network and recorded on any type of media" . However, the names of this category of evidence differ significantly, depending on the creative approach of the authors and the definition of certain distinctive features in the concepts of such types of evidence.

The position of the authors on the title of such evidence "electronic mapping" and the introduction of appropriate amendments to the Criminal Procedure Code of Ukraine is supported.
Organizational and tactical principles of control supply of drugs and psychotropic substances
Authors: Кorniienko M.V.
Published: April 2022

The article considers the organizational and tactical principles of this form of control over the commission of a crime in the investigation of crimes in the field of illicit trafficking in narcotic drugs, psychotropic substances, their analogues or precursors, especially in their smuggling. The author reveals the concept, purpose, objectives and types of this event, the legal basis and organizational and tactical principles of controlled delivery.

The author analyzes the content of regulations governing the controlled supply and highlights certain features that indicate the effectiveness of this measure. Also, in accordance with the purpose of controlled delivery, enshrined in law and the established direction of effective action, there are tasks that can be solved during the prevention, detection and investigation of crimes related to illicit trafficking in narcotic drugs and psychotropic substances.

The author's definition of controlled delivery as an effective form of control over the commission of crimes related to illicit trafficking in narcotic drugs and psychotropic substances is formulated.

Systematized on the basis of the opinion of a number of scientists and substantiated classification features and relevant types of controlled supply of illicit trafficking in narcotic drugs and psychotropic substances. It is established that according to the method of obtaining primary information, controlled deliveries can be divided into those detected at the stage of preparation and those detected during the illegal transportation of narcotic drugs or psychotropic substances.

It was stated that controlled delivery is a rather complex organizational and tactical measure, and therefore it requires proper training of all participants, especially in terms of their interaction and involves joint plans, preparation of appropriate forces and means, briefings and more. The stages of controlled delivery in the investigation of crimes in the field of illicit trafficking in narcotic drugs, psychotropic substances, their analogues or precursors, especially in the implementation of their smuggling.

Emphasis is placed on the peculiarities of the organization and tactics of controlled delivery in the investigation of crimes in the field of illicit trafficking in narcotic drugs, psychotropic substances, their analogues or precursors.
Legal and psychological characteristics of the subjects committing illegal actions with equipment for the manufacture of narcotic drugs, psychotropic substances and their analogues
Authors: Okhrimenko I. , Rivchachenko O.
Published: April 2022

The purpose of the study is to update the legal and psychological characteristics of the subjects of illegal actions with equipment for the manufacture of narcotic drugs, psychotropic substances and their analogues. The methodological basis of the article is a theoretical and applied analysis of forensic and psychological components of personality as a subject of illegal actions with equipment for the manufacture of narcotic drugs, psychotropic substances and their analogues. The method of content analysis of regulations, publications of scientists, as well as the possibility of active and personal, and structural and functional approaches (when outlining the positions of investigative tactics). In view of this, it is argued that the legal and psychological characteristics of the offender’s personality involves the personification of human as a socio-biological system, the properties and characteristics of which are reflected in the material environment and used in the investigation of crimes. It is also noted that most researchers (lawyers, psychologists, etc.) combine elements of the characteristics of the offender's personality into groups: social (social status, education, marital status, profession, etc.); psychological (worldview, beliefs, skills, habits, emotions, temperament, mental cognitive processes, etc.); physiological (anatomical and functional features).

The scientific novelty of the obtained results lies in the generalization of the legal and psychological characteristics of the subjects of illegal actions with equipment for the manufacture of narcotic drugs, psychotropic substances and their analogues. The psychological mechanism of such behavior, as a rule, is personal uncertainty: there is no stable idea of oneself and similarity with a certain person, group, and social environment in general; there is a subconscious desire to isolate oneself from any penetration into one’s inner world. The lack of active social communication leads to the loss of pre-existing social roles.

Conclusions. The criminals of this category are characterized by certain individualized indicators (in particular, insufficient social adaptation; certain level of criminalization of the subject in the field of drug trafficking; significant changes in the motivational and needs sphere of the individual), which influence the construction of the mechanism of illegal actions, psychotropic substances and their analogues.

Isolation of the most characteristic socio-demographic and individual-psychological features allows to correctly interpreting the available information about the subjects of illegal actions with equipment for the manufacture of narcotic drugs, psychotropic substances and their analogues, primarily by preventing, detecting and investigating similar illegal actions, solving other law enforcement tasks, etc.
Restrictions on confidential communication between a lawyer and his client under the legislation of foreign countries and the practice of the ECHR
Authors: Zaborovsky V.V.
Published: April 2022

This article reveals the problematic issues related to the implementation of one of the main guarantees of a lawyer's professional activity, namely ensuring the confidentiality of his communication with his client, in particular, regarding the possibility of limiting such confidentiality.

The study revealed the positions of foreign legislators, who set certain restrictions on the implementation of the guarantee of a ban on interfering in the private communication of a lawyer with his client. The positions of the European Court of Human Rights, which allow for the possibility of limiting the confidentiality of communication between them, are also analyzed. The position is argued, according to which Ukraine, along with many foreign countries, proceeds from the need to ensure absolute confidentiality of communication between a lawyer and his client.

To achieve this goal, the author used methods typical of legal science. The study was conducted using primarily a comparative legal method, which provided an opportunity to analyze the experience of foreign countries in implementing the guarantee of prohibition of interference in private communication with a client, while the formal-dogmatic method allowed to analyze the case law of the European Court of Human Rights.

The study allows us to conclude that a significant number of countries enshrining the right of a lawyer and his client to such communication, set certain restrictions on its implementation, in particular: an exception to the confidentiality of correspondence is possible if the judiciary has reasonable grounds to believe that it is criminal ( Italy); if there is a reasonable suspicion that the accused may violate the detention regime (Macedonia); or only in cases involving the establishment of terrorist organizations and criminal organizations abroad (Germany), etc.