bluuebunny/crossref_metadata_2025 huggingface dataset:
RELATO DE TÉCNICAS PARA PREPARO DE RUFIÕES EM CARNEIROS DESLANADOS
Authors: Teixeira Pedro Paulo Maia , Oliveira Maria Emília Franco , Moura Ana Carolina , Santos Victor José , Lechinoski Lussandro Comarela , Kzam Aline S. L. , Rodrigues Luiz Fernando De Souza , Vicente Wilter Ricardo Russiano
Published: June 2020

O objetivo desse experimento foi relatar técnicas de rufiões, tempo de recuperação e influência na libido em carneiros Santa Inês. As técnicas de preparo foram: Aderência do pênis à parede abdominal (APPA – n=2), Estreitamento do óstio prepucial (EOP – n=2), fixação da curvatura caudal da flexura sigmóide (FCCFS – n=2), e desvio lateral do pênis (DLP – n=2). Foram utilizados carneiros da Raça Santa Inês selecionados após um exame clínico geral do sistema reprodutor, além de teste de libido. As técnicas foram realizadas e após 20 dias da cirurgia, os animais foram submetidos ao teste da libido. A DLP apresentou-se menor tempo de recuperação cirúrgica, seguida pela FCCFS e APPA. Observou-se também que a EOP não apresentou confiabilidade por permitir a exposição do pênis. As técnicas não promoveram influência negativa no comportamento reprodutivo dos animais até o fim do experimento.
OCORRÊNCIA DE PARASITAS INTESTINAIS COM POTENCIAL ZOONÓTICO EM AMOSTRAS FECAIS DE CÃES, COLETADAS EM PRAÇAS PÚBLICAS DO MUNICÍPIO DE ITUVERAVA, SP, BRASIL
Authors: Santos Romeu Moreira dos
Published: June 2020

Em várias cidades do país, numerosa população canina circula livremente pelas ruas e praças públicas, alguns deles levados pelos proprietários. Nesses locais, os cães podem defecar, contaminando o solo com vários tipos e formas de parasitas potencialmente causadores de zoonoses. Atualmente existe uma preocupação muito grande com relação a estes parasitas, devido ao contato cada vez mais próximo de pessoas com seus animais de estimação. O objetivo do presente trabalho foi verificar a ocorrência dos principais parasitas intestinais com potencial zoonótico em amostras fecais de cães, coletadas em praças públicas do município de Ituverava-SP. Foram coletadas 84 amostras frescas de fezes de cães em sete praças públicas de Ituverava-SP, no período de março a junho de 2009. Como método de análise das amostras fecais utilizou-se a técnica de Willis-Mollay (flutuação fecal). No total de amostras analisadas 49 foram negativas e 35 positivas para presença de ovos de helmintos, observando uma maior incidência de ovos de Ancylostoma sp. (29 amostras) e em menores números ovos de Toxocara sp. (4 amostras) e Dipilidium sp. (2 amostras), não sendo ainda encontrados em nenhuma das amostras ovos de Giárdia sp., Isospora sp. e Trichuris sp. Concluiu-se que existe um risco de contagio para animais e pessoas que freqüentam estas praças, indicando a existência de um problema de saúde pública.
NEONATOLOGIA EM PEQUENOS RUMINANTES: REVISÃO DE LITERATURA
Authors: Roratto Isadora , Romão Helena Domeneghetti , Medeiros Regina Mendes , Tozzetti Daniel Soares , Fidelis Junior Otávio Luiz , Vicente Wilter Ricardo Russiano , Teixeira Pedro Paulo Maia
Published: June 2020

A criação de pequenos ruminantes vem apresentando um crescimento a nível nacional e internacional, sendo uma etapa crucial a fase neonatal, que requer uma séria de cuidados especiais para se obter resultados positivos na produção. Esse trabalho tem como objetivo destacar os cuidados que deve tomar com os neonatos de pequenos ruminantes com o manejo, desmama e as principais doenças nesta espécie. A neonatologia em pequenos ruminantes é muito discutida, pois dificilmente se mantem recém-nascidos com patologias, porém há os cuidados a serem tomados quando ocorrem enfermidades comuns aos neonatos como diarreia, verminose, pneumonia entre outros, além dos cuidados básicos com neonatos de qualquer espécie. Assim pode-se inferir que os cuidados neonatais para ovinos e caprinos são fundamentais para o êxito da produção.
Reposição Volêmica em cães portadores de sepse grave: Revisão de Literatura
Authors: Hirota Inajara Nakamura , Franco Rodrigo Prevedello , Galvani Guilherme David , Silva Simões Jaqueline Gabrielli
Published: June 2020

A água por ser um componente vital para todas as formas de vida torna-se uma ferramenta importante na terapia de várias afecções. A utilização da reposição volêmica visa restabelecer as perdas hidroeletrolíticas e a homeostase do organismo. Quando pacientes apresentam-se no quadro de sepse grave, uma síndrome complexa de caráter emergencial há a presença da instabilidade hemodinâmica levando ao quadro de hipoperfusão e hipóxia tecidual, podendo evoluir para a disfunção múltipla de órgãos. Contudo, um exame físico minucioso associado ao diagnóstico precoce e a realização da terapia de reposição volêmica, podem reduzir a alta taxa de mortalidade destes pacientes, sendo este um desafio para o médico veterinário. Com isso, buscou-se realizar uma atualização bibliográfica, destacando as principais definições, classificações, fisiopatogenia, sinais clínicos e causas de sepse grave, enfatizando a necessidade de terapia e protocolos de reposição volêmica neste contexto, bem como a importância do monitoramento clínico dos pacientes.
SURTOS DA MOSCA STOMOXYS CALCITRANS (MOSCA DA VINHAÇA) EM BOVINOS NO INTERIOR DO ESTADO DE SÃO PAULO
Authors: Nicolino Carlos Augusto , Oliveira Gilson Pereira
Published: June 2020

A ampliação da indústria sucroalcooleira tem levado à instalação de usinas sucroalcooleiras em áreas acomodadas pela pecuária de corte na região Sudeste do País. Surtos pela mosca-da-vinhaça (Stomoxys calcitrans) em bovinos têm sido relatados nos últimos anos em todo País, associados a estas usinas. Visitas em propriedades pecuárias particulares e usinas foram realizadas em novembro de 2012, ao final de surtos pela mosca ocorridos nos municípios de São Joaquim da Barra e Guaíra, SP. Entrevistas, observações e coletas de dípteros imaturos foram realizadas nos locais e o material entomológico coletado foi levado ao laboratório para posterior emergência. Elevadas infestações pela mosca-dos-estábulos e comportamento de agrupamento dos bovinos foram observados. Sítios de reprodução foram encontrados nos locais e a emergência de S. calcitrans foi constatada nas amostras coletadas tanto nas fazendas como nas usinas. O conjunto de informações, observações in loco e resultados das amostragens possibilitaram realizar uma abordagem epidemiológica preliminar sobre a dinâmica dos referidos surtos pela mosca e discutir potenciais fatores de risco.
On the Issue of the Agreement as the Source of the Family Law of Ukraine and Other Countries
Authors: VATRAS Volodymyr
Published: June 2020

The author has conducted scientific research of the place of the contract in the system of sources of Family Law of Ukraine and other countries, as well as the limits of regulation of family legal relations by the contract and the types of contracts that can regulate family legal relations. As a result of the study, the author concluded that the contract as a regulator of family relationships plays an important role both in Ukraine and other countries of Roman-German, Anglo-American and Muslim legal systems. The contract is a derivative source of family law and regulates family relationships only to the extent permitted by other sources of law, above all laws and other acts of family law. Treaties as sources of family law are inherent in: the orientation of parties, which may include spouses, family members, and public authorities, which have authority in matters of placement of orphans and children deprived of parental care (guardianship and custody) of implementation of family rights and responsibilities; establishment of the procedure for the implementation of family rights and obligations defined in the legislation, or the assertion of such subjective rights and obligations, which are not enshrined in the minimum legal requirements for the parties; the inadmissibility of the deterioration of the financial position of the parties to the contract in the part of the rights and guarantees provided by family law. The main family contract is a marriage contract (contract), however, participants of family relationships can enter into a large number of both named and unnamed contracts to regulate property relations of the actual spouse, the single spouse, and the former spouses, property and personal non-property relations between parents and children as well as contracts concluded with the participation of other family members or towards the placement of orphans and children deprived of parental care. As a rule, the legislator has a negative attitude to the contractual settlement of personal non-property rights and obligations of spouses, although the law of the USA and Canada allows such terms of the contract, but does not give them judicial protection.
Subjects of Hereditary Succession and Subjects (Participants) of Hereditary Legal Relations
Authors: BORYSLAVSKA Maryna
Published: June 2020

The article explores the peculiarities of the hereditary legal relationship, which allow to characterize its subjective composition. It has been established that hereditary legal relations are regulatory, but in case of violations of hereditary rights are transformed into protective ones. The relationship between the concepts of «subject of hereditary law», subject of hereditary succession, «subject of hereditary legal relationship», participant of hereditary legal relationship has been studied. It has been established that a testator and a heir are subjects of hereditary succession. The conclusion that the heir cannot be the subject of an inherited succession is further confirmed, since from the moment of death his legal capacity ceases. The heir is the central or compulsory subject (participant) of the hereditary legal relationship, because without the heir of the hereditary legal relationship there can be no legal relationship at all. It has been established that the categories «participant of hereditary legal relations» and «subject of hereditary legal relations» are identical and derived from «subject of hereditary law». It has been proved that the hereditary legal relationship should be considered conditional-absolute, as the passive duty belongs to absolutely all persons, and the active duty — to the notary. The existence of hereditary main and hereditary auxiliary legal relations has been established. The participants of hereditary legal relations were classified by the criterion of their subjective rights and legal obligations and by the presence of their interest in inheritance. A general analysis of the civil status of the heir and heir was carried out. The question of the granting of dough capacity to minors (including emancipated minors) is raised. Heirs were classified by the peculiarities of calling for inheritance, by the fact of awareness of the discovery of inheritance, by the place of residence of heirs. Since the vast majority of heirs are individuals, a more detailed analysis focuses on heir individuals. The experience of various countries on post mortem reproduction and the possibility of inheritance by such children has been studied.
Jurisdictional Form of Protection of Family Rights and Interests
Authors: SERDECHNA Iryna
Published: June 2020

The article defines that the protection of family rights and legally protected interests is one of the most important guarantees of the existence of these rights and interests. It should be mentioned the rights and interests in any field of public life are not always carried out unchecked. The protection of subjective rights is exercised in the manner prescribed by law, that is, by the application of an appropriate form. The form of protection refers to a set of internally agreed organizational measures to protect subjective rights and legally protected interests.
It has been proven that in the theory of law there are different approaches of scientists to highlight forms of protection of family rights. We are inclined to the point of view of existence, jurisdictional and non-jurisdictional forms of protection.
It is proposed to highlight judicial and non-judicial forms of protection within the framework of the jurisdictional form of protection of family rights and interests.
The essence of judicial protection is disclosed as the possibility of a person to apply for the protection of his or her violated, challenged or unrecognized family rights in court. In turn, by non-judicial form of protection, the author understands the possibility for a person to turn to competent authorities other than the court to defend his family rights. In case of non-judicial protection of family rights and interests, subjects apply to such institutions as guardianship and guardianship bodies, notaries, prosecutors, lawyers, etc.
Within the framework of the article, it has been proved that the decision of the guardianship and guardianship authority is usually of a advisory nature. Notary bodies play an important role in the contractual regulation of legal relations between participants of family legal relations, namely in the conclusion of family legal contracts. Family law gives certain powers to the public prosecutor to protect family rights. In turn, the lawyer has a partial role in the protection of family rights. It is justified that the institution of mediation deserves attention in the study of the protection of family rights and interests.
The Court Fee in the Context of Access to Justice: a Comparative Legal Aspect
Authors: HARIIEVSKA Myroslava
Published: June 2020

The issues of the duty to pay court fees in the context of access to justice are considered. Attention is focused on the role of economic conditions in ensuring access to justice, which include establishing a reasonable amount of court fees and providing a procedural mechanism for deferral, installment payment or partial or full exemption from court fees. Attention is drawn to the need for the judicial authorities to ensure an appropriate balance between the interests of the state in collecting judicial fees for considering claims, on the one hand, and the plaintiff's interest in upholding his claim in court, on the other hand. Despite this, a number of provisions have been investigated that contribute to ensuring the right of access to justice to persons without financial insolvency to pay a court fee in the prescribed amount. It should be noted that the legislation provides for identical reasons for both exempting the court from payment of the court fee and reducing the amount of its payment, as well as for deferring and installment payment of the court fee. Emphasis is placed on the fact that the decision to postpone or defer payment of court fees should not come from the court's own initiative. If the person's financial status is unsatisfactory, the initiative to postpone or defer payment of court fees should come from the plaintiff or defendant, in the event of a counterclaim. Criteria are defined that the court must take into account when deciding on a deferral, installment plan or partial or full exemption from payment of the court fee. So, the court must take into consideration the income of the plaintiff, the prolonged non-receipt by employees of salaries, the non-receipt of rents for the land lease, information about the age and incapacity of individuals, debts to other persons, for example, for utilities, debt collection of the plaintiff within the enforcement proceedings, the presence of dependents etc. The issues of the need to delimit cases of exemption from payment of court fees, provided for by Article 5 of the Law of Ukraine «On Court Fee», and cases where the court fee is not paid at all, provided for by Part 2 of Article 3 of the Law of Ukraine «On Court Fee» is considered. Attention is focused on the fact that the grounds for the court's refusal to apply for deferment, installment plan or partial or full exemption from the payment of the court fee should be reasoned enough.
Features of Determining the Beginning of the Limitation Period
Authors: ROMANIUK Vitaliia
Published: June 2020

The article defines the features of calculating the limitation period, describes the rules and criteria for determining the beginning of the limitation period. The objective and subjective criterions of beginning of motion of this term are distinguished. On an objective criterion the beginning of term of limitation period begins from the moment of violation of right and interest of person. A subjective criterion marks a moment, when a person knew or could know about violation of the right or person of violator. In this case, the real possibility of such awareness is important, not actual. For legal entities, the subjective criterion is realized through the officials (authorized) of its persons or persons within the organ to which the functions assigned to them are exercised. It is determined that the calculation of the commencement of the limitation period for legal entities does not depend on the change of its authorized persons.
The correctness of the calculation of the limitation period from the day after the calendar date in which the offense occurred, which meets the general rules for the calculation of terms and deadlines, is substantiated. It is stated that on the last day of fulfilment of the obligation the person has the right to fulfil it by the end of the day. At the same time, the procedure of applying to the court for technical reasons cannot always be implemented on the day the claim arises, since it requires the preparation of a procedural document — a statement of claim.
The features of calculation of term of limitation period are certain for credit obligations and obligations of minor persons.
It is concluded that in credit obligations, the limitation period should be calculated from the moment of default, not its parts, that is, the day after the contract expires. However, if the creditor files a claim for full early repayment of the debt, the limitation period should be calculated from the next day after the claim is made.
For minors, it is reasonable to calculate the limitation period from the moment of its acquisition or granting them full civil capability.
Acquisition of Ownership over Certain Categories of Vacant Property
Authors: BORTNYK Olha
Published: June 2020

Problematic issues that may arise when acquiring ownership over certain categories of vacant property, both movable and immovable, are investigated and analyzed. Possible legal difficulties in practical solution of issues related to the acquisition of ownership over vacant real estate, which is located on land plots of public or private ownership, are investigated. Problematic issues related to the transfer of property rights to the land plot on which the vacant real estate is located, during the conveyance of this property to communal ownership, are analyzed. According to the results of the study, possible ways to solve these difficulties are proposed, taking into account the provisions of Art. 120 of the Land Code of Ukraine. The author substantiates the possibility of legislative consolidation of the institution of acquisition of ownership over vacant real estate by the owners of land on which such property is located. The researcher formulates possible wording of changes and additions to Art. 335 of the Civil Code of Ukraine which would introduce the institution of transfer of vacant real estate both to public, and to private property. Such changes could enable the creation of legal preconditions for conveyance of property rights to land plots to communal ownership, which under the provisions of the Land Code of Ukraine cannot be transferred to communal ownership or used by territorial communities. The issue of acquiring ownership over vacant real estate is considered bearing in mind the inadmissibility of creating legal grounds for acquisition of ownership over spontaneously constructed real estate. In addition, the possibility of acquiring ownership over various categories of vacant property is studied. According to the results of the study, the author proposes a possible procedure for acquiring ownership over property, real rights and their encumbrances which are not subject to state registration in accordance with the Law of Ukraine «On State Registration of Real Rights to Immovable Property and Their Encumbrances».
Applying International Experience in Engaging Civil Society Institutions in Anti-Corruption Processes
Authors: ZAYATS Bogdana
Published: June 2020

The article states that the existing changes in the Ukrainian society, both in economic and political spheres, influence the algorithm of formation of new relations between the state, its institutions and civil society. It is underlined that the day-to-day interaction of the authorities and the society plays the role of the key to the political stability and development of each state since the existing problems of the development of the Ukraine cannot be solved without the support of the civil society. Displayed obstacle also applies to civil society institutions. A system analysis of the role of civil society institutions in the process of preventing corruption in state and local self-government bodies has been carried out with the help of a number of doctrinal, theoretical and specific practical problems resolving.
It is pointed out that the expediency of the problem of assimilation of civil society institutions in the realm of the subjects of corruption prevention is substantiated by a number of factors, the main among which is the low effectiveness of the modern methods of corruption offenses counteraction, evidenced by the persistent increase in the number of corruption episodes. This task is impossible without actualization of the national legal system.
It is noted that the current condition of the legal doctrine, in the context of the study of determinants that cause inappropriate level of effectiveness of day-to-day activity of civil society institutions, is characterized by considerable invariance and, at times, contradictory concepts. It has been found that in order to form a systematic and effective mechanism for implementation of progressive international experience in the professional activity of civil society institutions there is a need to structure the existing concepts in the administrative-legal dimension of the organization of their activity that will provide actual methods to outline ways of solving these tasks in the format that have already been tried by the international community.
Principles of Activity of the Rapid Border Response Units of the State Border Guard Service of Ukraine
Authors: OLYTSKYI Oleksandr
Published: June 2020

The concept and content of principles of activity of the Rapid Border Response Units of the State Border Guard Service of Ukraine are considered in the article. Approaches to defining and classifying principles are analysed.
Taking into account the analysis of the content of the concept of “principle”, it is concluded that the principles of activity of the units of rapid response of the State Border Guard Service of Ukraine are considered as the corresponding basic requirements and typical rules of activity of units of the response of the State Border Guard Service of Ukraine, which must be addressed to the State Border Guard Service of Ukraine under any terms of service.
As a result of research of scientific works and legislation among the principles of activity of the units of rapid response units of the State Border Service of Ukraine the author outlines general and special principles.
The general principles inherent in rapid response units, as well as the whole system of bodies of the State Border Guard Service of Ukraine, include: legality; respect and compliance to the rights and freedoms of man and citizen; non-partisanship; continuity; combination of overt, covert and conspiratorial forms and methods of activity; unity; collegiality in the development of important decisions; interaction with state authorities, local self-government bodies and public organizations in carrying out the tasks assigned to the State Border Service of Ukraine; openness to democratic civilian control.
The author distinguishes the special principles of activity of the units of rapid response into two groups: the principles of completing and functioning of these units.
Principles of manning determine the requirements for servicemen who complete the rapid response units, they are fundamental, because they affect the quality of the implementation of tasks assigned to such units. Principles of manning can be described as preliminary, introductory, but adherence to them determines the future professionalism of rapid response units when they are created.
The principles of functioning of the Rapid Response Units include: the constant readiness of the units to confront existing and potential threats to national security at the state border; high maneuverability; conformity of forms, methods and means of activity of complexity of the situation existing on the state border; comprehensive information support; maintaining the image of the border service; rapid establishment of interaction within the framework of the OUF; interaction with the population on the basis of partnership.
It is concluded that the peculiarities of the activities of these units are determined by special principles, which in turn are principles of manning and functioning.
Human Rights and International Standards: Correlation between National and International Legislation
Authors: IHNATENKO Tetiana
Published: June 2020

The article examines the problem of protection of human rights in national and international law, which is the most important feature of civil society. Taking into account the importance of the area under study, as well as the importance of a clear settlement of relations regarding the observance of human rights in all spheres of life, the question of the relationship between the norms of national and international legislation in this area is acute.
The purpose of the study is to determine the priorities between national and international legislation, as well as to establish the compliance of domestic norms designed to protect human rights with international legal standards.
It has been established that the Constitution consolidates the priority of international instruments over national legislation that clearly defines the relationship and interaction of internationally recognized standards and principles with the relevant provisions of the current legislation of Ukraine in the sphere of protection of human rights and fundamental freedoms. This ensures that the participating countries comply with both their home-constitutions and international legal acts. Moreover, the level of global security depends on the level of correlation between the policies of individual states and the provisions of international legal norms.
But the standards and principles of international law and international agreements of Ukraine may not be above the constitutional and are a part of the national system of law, which is based on the Constitution of Ukraine. In addition, international standards should not be perceived as immutable, since it may lead to a partial loss of the national identity of the legal system. Therefore, the perception of these international standards should take into account the traditions and specifics of the national legal system. The Constitution of Ukraine shall be a guarantor of preserving national identity in the process of implementation or reception of international standards.
It is determined that international legal standards are the determining factor that determines the level of correlation of national legislation with the relevant international legal norms.
International legal standards have been defined as the determining factor that reveals the correlation level of national legislation with relevant international legal norms.
Theoretical Grounds of Law Enforcement: Concepts, Features, Types
Authors: NAHNYBIDA Volodymyr
Published: June 2020

The article explores the general theoretical issues of the content and features of law enforcement, examines the constituent elements of the law enforcement mechanism. It is summarized that the complexity and nature of the legal subject's actions may give rise to the exercise of the law in the form of adherence, performance, use or application of law. The author emphasizes that the application or enforcement of law is a form of direct realization of the law, which provides for the implementation of prescriptions of legal norms in relation to specific persons — subjects of law within the legal relations of which they are parties.
The peculiarities of such features of law enforcement activity are analyzed in detail as: its state-power character; expression of law enforcement activity in the active actions of law enforcement entities aimed at the emergence, alteration or termination of legal relationships; implementation of enforcement in a specially stipulated by rules of law order on the basis of fixed procedures and in accordance with clear procedural sequence; the result of enforcement is always the issuance of an enforcement act; such activities are directed towards a specific range of entities; in the course of enforcement, legal qualification is exercised — the interpretation of legal norms, interpretation of their content in order to identify the rights and obligations of participants in legal relations from the standpoint of the applicable legal norms.
Attention is also paid to the stages of the law enforcement process: preparatory (establishing and analyzing the facts of the case); stage of legal qualification (choice of the rule of law and establishing the authenticity of its text); the stage of decision-making in a case and its implementation in a law enforcement act.
It is argued that the last stage of law enforcement is to formulate, by the results of the previous stages, the relevant legal conclusions, which are embodied in an individual legal act — decision, resolution, order, etc. In this case, the nature of the enacted acts of law enforcement may have a dual meaning, since in some cases it may be acts in which certain circumstances, legal facts, rights and / or obligations of the participants in the legal relationship are ascertained or confirmed, and in others, acts establishing new obligations for such participants.
Trial: a Special Type of Technology vs Play Imitation
Authors: HURALENKO Nataliia
Published: June 2020

The article deals with the issue of the technique of the communicative action in an adversary trial, where the communicative action is represented within the interactive play recognized by both parties, in which abuse is unacceptable. At any stage of the controversy and the conflict regarding statements and arguments of a court language game, participants verify their statements and arguments with material and symbolic means capable of assisting them, while at the same time attempting to deny their opponents, breaking the links between their opposing statements and their own means. The basis of adversary proceedings is the system of language conventions between participants of language communication, and judicial knowledge is transformed into «narrative» one.
Analyzing the «agonistic» adversary nature of the judicial procedure, the author notes that the latter, like the game, is built on an artificial basis, according to specially created rules, and conceals a real social conflict by conditional legal «quasi-conflict». On the other hand, it is proved that the nature of the adversary trial is dual; it is characterized not only by the element of play, but also by a less powerful utilitarian component. The adversary nature of justice does not turn a judge into a passive witness of a debate between parties of a court trial, does not relieve him of his responsibility to comply with the matter of fact, to choose an adequate rule and to make a fair decision. Otherwise, justice is invariably transformed into a «dead play ritual»; abuse of the play itself — a solid imitation, a theater, an ideological liturgy, or vice versa, deliberate creating of barriers to transfer of the conflict to the territory of law.
Taking into account the philosophical and legal conception of the judicial procedure as a civilized form and a specific type of legal communication of the participants of the trial, the author emphasizes that excessive language game between the participants of the trial is dangerous, since it deprives the justice of the permanent and the sacred — to establish the truth in the trial. In addition, it is paid attention to the fact that a full-fledged play can expand in a free area limited by a symbolic framework, where rules, not surrogates, operate and they are recognized and enforced by both parties.
Some Aspects of the Analysis of Circumstances Mitigating the Punishment in its Individualization
Authors: BEREZHNIUK Vladyslav
Published: June 2020

The article deals with the legal nature and significance of circumstances that mitigate the punishment as a criterion for the individualization of the punishment when it is imposed. It is stated that sentencing objectively acts as the final stage of justice. It is ascertained that the achievement of the goals of restoring social justice, correcting the convicted and preventing the commission of new crimes is possible only with the unconditional observance of the general principles of sentencing. Therefore, there is a system of rules regulating the process of individualization of the punishment and providing the uniformity of the application of the criteria established by law; these criteria are used by the court in determining the type and the measure of punishment for specific persons found guilty of an offense. The implementation of the tasks of criminal legislation (correcting the convicted person and preventing him from committing new crimes) to a great extent depends on the lawful, fair and justifiable punishment which is imposed on the perpetrator. As a consequence, the legal regulation of the general principles of sentencing is unconditional. In imposing a sentence, the court must apply an individual approach, taking into account the particularities of each crime and the person who committed it. Circumstances that mitigate the punishment also play an important role in this process.
The analysis of the judicial practice shows the ambiguity of the approaches to take into account the circumstances that mitigate the punishment when it is imposed. Sentencing is often limited by courts only with statements that all the circumstances of the crime were taken into account without a detailed analysis of the facts. In order to avoid the aforementioned shortcoming, in the motivation part of the sentence, the court must not only list the circumstances that it found to be mitigating in the case, but also justify how they reduce the degree of the public danger of the crime and the perpetrator. In addition, the author investigates the issues of the criminal significance of circumstances that mitigate the punishment and gives reasons for inexhaustibility of the list of these circumstances.
Normative-Instrumental Law-Order Constant
Authors: GANCHUK Olga
Published: June 2020

The article updates the normative and instrumental component as a permanent basis for the sustainable concept of law and order. In this case, the rule of law is defined as a state of ordering social relations based on law; as an objectively and subjectively established state of social life, based on the regulatory needs, principles of law, and on the democratic needs, rights and obligations, freedom and responsibility of all subjects of law.
The constant and permanent basis of law and order is the sphere of implementation of legal regulations. The sphere of the legal order is the sphere of the legislation. A prerequisite for the existence of law and order in society is the proper exercise of rights and obligations by all legal entities, which, in turn, requires clear legal regulations, predictability and stability of legal regulation. The unambiguous and relatively stable meaning of the concepts used in the legislation should facilitate the effective realization of the rights and duties of the person, and provide the possibility of foreseeing the legal consequences of her actions. Legal rules should be clearly and unambiguously formulated to prevent the possibility of arbitrariness in the enforcement process. However, when using the dialectical approach, the article draws attention to the fact that in some cases the excessive detail of the legal regulation, associated with it the possibility of incompatibility of legislation with the level of development of social relations, its obsolescence and static, can be a source of violation of human rights and, accordingly, a factor that adversely affects the state of law and order in society. Recognizing the rule of law as the ultimate result of the action of positive law, the author emphasizes that its achievement in a modern self-organized society inevitably involves a reasonable combination of both normative and non-normative regulation (carried out on the basis of values formed in society). It is within the reconciliation of normative and non-normative, positive law and order are judged and qualified as meeting the requirements of due diligence - fair or unfair, timely or untimely, appropriate or impractical, nominal or real, progressive or reactionary, etc.
Legal Basis of Organization and Functioning of Political Parties in Ukraine
Authors: BEVZ Yuliia
Published: June 2020

The article is devoted to the research of the state of the legal basis of organization and functioning of political parties in Ukraine. Attention is drawn to the fact that the legal basis for the organization and functioning of political parties in Ukraine is mainly the general provisions of normative legal acts, namely: the Constitution of Ukraine, the Tax Code of Ukraine, the Law of Ukraine «On Political Parties in Ukraine», «On the Election of the President of Ukraine» , «On the Election of the People’s Deputies of Ukraine», «On the Local Elections», «On the State Registration of Legal Entities and Individuals — Entrepreneurs and Public Entities», etc. It is established that, although certain norms determine the peculiarities of creation, registration, activity and termination of political parties, their structural formations, a number of provisions of legislation regarding the organization and functioning of political parties require further elaboration.
According to the results of the analysis, the main directions of improvement of the legal basis for the organization and functioning of political parties in Ukraine were proposed, in particular: clarification of the definition of the term «political party» contained in Art. 2 of the Law of Ukraine «On Political Parties in Ukraine» basing on the legal essence of this concept; defining the principles of political party activity; clarification of the list of documents submitted by the applicant for state registration of political parties; defining an exhaustive list of grounds for refusal to register a political party in order to prevent free interpretation by the bodies of registration of the provisions of legislation; specifying the procedure for state registration of political parties and providing additional time for eliminating deficiencies in the documents submitted for registration (suspension of consideration of documents submitted for state registration); determining the procedure for adopting, registering amendments and additions to the statute of a political party; the procedure for convening and holding the constituent congress (conferences, meetings), the procedure for forming and powers of governing party bodies; the need to determine the status of property after the cessation of political party activity.
It is proposed to amend certain articles of the Law of Ukraine «On Political Parties in Ukraine» and the Law of Ukraine «On State Registration of Legal Entities and Individuals — Entrepreneurs and Public Formations».
Influence of Subjective Civil Rights Protection on the Dynamics of Contractual Obligations
Authors: OMELCHUK Oleh
Published: June 2020

The scientific article explores the influence of methods of protection of subjective civil rights on the dynamics of contractual binding legal relations. Scientific approaches to understanding the concepts of «protection» and «protection of civil rights» have been identified. Reference is made to the relevance of the concept of «protection of civil rights» as the application of a system of methods provided for by law aimed at «termination of violation, restoration or recognition of a civil right or compensation of damages caused to the entitled person». Features are described and the concept of ways to protect subjective civil rights is defined. The concepts of «means of protection» and «measures of protection» are distinguished. Special and general ways of civil rights are described. It is concluded that special ways of protecting civil rights are provided for in the legal rules governing specific legal relations, in particular with regard to contractual binding legal relations. It is determined that civil law grants every person the right to protection of his civil right in case of its violation, non-recognition or challenge. It is stated that certain types of contractual obligations apply means of protection, which are measures of liability. The relationship between «operational measures» and «methods of self-protection» has been studied, and it has been determined that operational measures are a form of self-protection methods, as they have a number of common features. It has been proven that any legal relationship is in the dynamics associated with legal facts from the moment of its occurrence to the moment of termination, which are mostly distant from each other in time and space. It is justified that both general and special ways of protecting civil rights are possible at the stage of the establishment of a contractual binding legal relationship. Along with the emergence of a legal relationship, the stages of change and termination of the legal relationship occupy a place.
Terms of Origin of Liabilities on Compensation for Moral Damage
Authors: BUKHANEVYCH Oleksandr
Published: June 2020

The article investigates the terms of origin of liabilities on compensation for moral damage and development of proposals and recommendations on this issue. It is indicated that the basis of compensation for moral damage is the general tort envisaged in Art. 1167 of the Civil Code of Ukraine “Bases of responsibility for the incurred moral damage”; the initial conditions are availability of moral damage, unlawful conduct of the person who has inflicted the damage, the availability of relations between cause and effect, guilt.
The signs of moral damages include the following: self-harm which can be inflicted either with or without property damage; non-property damage, as non-property sphere of physical person suffers i.e. mental health; the damage which may occur due to violation of property or non-property personal rights; the damage which is a derivative of property damage and is initial in case of humiliation of honour, dignity and business reputation; the damage which is manifested through the emotional suffering of an individual; the moral damage generated only due to significant emotional suffering of the individual but not due to any excitement or a common nuisance and it cannot cause a significant impact on the life, activity and human conduct; a property nature of compensation for moral damage. The availability of moral damage is a compulsory condition of liabilities on compensation of moral damage. Thus, it is necessary to apply the presumption of moral damage in case of violation of all personal non-property rights and the benefits of an individual.
It is reasonable that compensation of moral damages should always have a property character, because it is an independent event of civil liability, which should spawn an occurrence for offender of additional property losses.
It is noted that the task of any moral damage can be unlawful in case either the norm of civil law or the personal non-property right of an individual is violated and if the person who has inflicted the damage, was not authorized to do it. The unlawful nature and the forms of unlawful conduct of the person who has inflicted the moral damage (action, inaction, decisions) depend on the types of violations.
It is pointed out that establishment of causal relation as unlawful violation of the civil right of a person (cause) and the onset of moral damage (effect) allows clarifying: 1) the availability of a civil offence; 2) the subject of liability; 3) the amount of compensation for moral damages.
The initial principle of compensation for moral damage is the guilt of the person who has inflicted the moral damage, which means subjective expression of the person's attitude to his unlawful acts and their consequences.
In some cases it is necessary to find out the form of guilt of the person who has inflicted the moral damage in order to make him liable for such damages.
Competence as Prerequisite of the Participation of a Procedural Representative in the Court Trial
Authors: RIABCHENKO Yurii
Published: June 2020

The article is devoted to importance of professional competences while carrying out procedural representation, as well as to determining on this basis the further directions of the development of the principles of participation of the representative in the civil trial. The author supports a scientific approach of the human right function and the representative one. The first function is a stipulated right of a person involved in the trial to have a professional help. The second one reflects the implementation of the appropriate procedural rights of a trustee by the procedural representative and carrying out the procedural duties of the trustee. As a result of the research it is necessary to recognize the actual approach of legislator, enshrined in Part 3, 4 Art. 58 of the Civil Procedural Code of Ukraine; according to this approach the alternative to the "advocacy monopoly" is the self-representation of the subject of public power or legal entity through an authorized person. It has also been determined that such approach is the most relevant to both public realities and established international standards of legal assistance. It is justified that this approach should not be considered as exemplary. The prospect of further development of the principles of participation in the court trial is determined to introduce an absolute advocacy monopoly, including participation of public authorities and legal entities in the case. It is proved that the implementation of the provisions of the draft Law of Ukraine dated 29.08.2019 № 1013 requires substantial support by developing special guarantees of access to the court. The author has attracted attention to the risks of amendments foreseen by this draft law. These risks include, in particular, the quality of legal aid. It has been pointed out the need to develop guarantees of competent decision-making by an individual regarding the issue whether a lawyer or a person with no professional skills will represent his or her interests in the court. There is a substantial risk of lack of access to justice in the case of non-professional procedural representative.
It is pointed out that there are no effective guarantees of bringing to legal responsibility persons who do not have the status of a lawyer due to the improper conduct of the case. As to the lawyers, the important means is determined by bringing them to disciplinary responsibility.
It has been supported the position of the legislator stated in the Law of Ukraine dated 18.12.2019, № 390–IX, regarding the definition of such a participation in the court as self-representation through an authorized person according to employment contract.