bluuebunny/crossref_metadata_2025 huggingface dataset:
La reazione dell’ordinamento al trust in frode ai creditori (a margine di alcune recenti pronunce di merito)
Authors: Scotton Massimiliano
Published: September 2022

Tesi
Nel giudizio revocatorio non si ritengono condivisibili le tesi fatte proprie dalla giurisprudenza sia di merito che di legittimità, secondo le quali l’atto in pregiudizio dei creditori sia costituito anche dall’atto istitutivo del trust e non solo dall’atto di dotazione e che quest’ultimo abbia, comunque, natura gratuita, a prescindere dal rapporto fra disponente e beneficiari.
The author’s view
In the revocation action, it is not held that the theories adopted by the case-law, according to which the act to the detriment of creditors is also constituted by the trust deed and not only by the deed of endowment, and that the latter is, in any event, gratuitous in nature, regardless of the relationship between settlor and beneficiaries, can be accepted.
Diritto di informazione dei beneficiari e norme sulla privacy (Dawson Damer v Taylor Wessing, 11 marzo 2020)
Authors: Caudana Davide
Published: September 2022

Tesi
Il caso Dawson Damer v Taylor Wessing ha evidenziato la complessa interazione tra la crescente sensibilità verso la tutela dei dati personali ed il diritto di informazione dei beneficiari nella trust law inglese. Le richieste di accesso ai dati «SARs», invero, sembrano poter ampliare indirettamente i canali di accesso al trust e ai suoi documenti poiché contenenti i personal data dei beneficiari. Il precedente, tuttavia, ha evidenziato come i settori del trust e della Data Protection si pongono su piani diversi, essendo sorretti da principi e regole che gli odierni trustee - data controllers devono sapere bilanciare.
The author’s view
The Dawson Damer v Taylor Wessing case emphasized the complex interaction between the growing sensitivity to personal data protection and the beneficiaries’ right to trust information in English trust law. The Subject Access Requests «SARs», indeed, appear to indirectly widen the manner of access to trust and their documents as they contain the personal data of beneficiaries. The precedent, however, highlights how trust and data protection sectors stand on different planes, being underpinned by principles and rules that today’s trustee-data controllers must face and know how to balance.
Characteristics of Traffic Flows and Features of Their Formation on the Roads of Georgia
Authors:   Georgian Technical University, Tedoradze Rezo , Sisvadze Giorgi ,   Georgian Technical University, Fridonashvili Davit ,   Georgian Technical University
Published: September 2022

In recent years, Georgia's road network has developed significantly with the construction of the TRACECA Red Bridge-Sarpi Highway. The intra-regional intercity road network has also developed significantly. The paper presents the main characteristic dependences of the traffic flows obtained as a result of the research: flow speed VS (km/h), time TS (h) and distance LS (km) between vehicles in the flow, dependence of the values of the intervals on the traffic intensity NS (km/h). The results of the research will allow us to rationally solve specific current problems in the direction of transport logistics.
Strength Calculation of Ferroconcrete Column Reinforced by Carbon Composite Tape
Authors:   Georgian Technical University, Khmelidze Tamaz , Khutsishvili Shalva ,   Georgian Technical University, Jerenashvili Qetevan ,   Georgian Technical University
Published: September 2022

The advent of high-strength carbon, basalt, aramid, boron, and glass fibers in the construction market has enabled engineers to develop state-of-the-art methods and technologies that can be successfully used to repair damaged parts of load-bearing structures and increase their attractiveness. With their help, in a short time and with minimal labor costs, it is possible to increase the service life of structures. In ferroconcrete structures, the composite reinforcement system is realistic to use when the actual compressive strength of the concrete in the structure is less than 15 MPa. Composites made of carbon and basalt fiber are mainly used, which are characterized by high tensile strength and compression, and the value of the modulus of elasticity is close to the value of the modulus of elasticity of steel. The issues of reinforcing carbon composite with single-sided tape of construction structures are discussed, in particular, reinforcement of ferroconcrete columns and calculation of strength; The carbon fiber exterior reinforcement system CarbonWrap, which is successfully used for repairment and restoration on civil and industrial construction sites is described; The algorithm for calculating such a column and the analysis of the calculation results of the real construction are given
Eco-geographical Environment of Wildly Growing Grapevine (Vitis vinifera L.) in Georgia
Authors:   Georgian Technical University, Kikvadze Maia
Published: September 2022

Wildly growing grapevine (Vitis vinifera L.) was a widespread plant in Georgia in previous centuries. Since the 1850s, American fungal diseases (powdery mildew and ash) and phylloxera, as well as human activities (road and house construction, etc.), have led to a dramatic decline in their numbers. Eight forms of wildly growing grapevine (Vitis vinifera L.) have been found in the wild environment of Eastern and Western Georgia since 2003, having many ampelographic traits of cultivated vines. The provided information includes documentation with the use of Geographic Information Systems (GPS) about the geographical location of the discovered plants, exposure, altitude above sea level, affiliation with the river basins, soil types, climatic belts, support trees and plant species around them.
Analysis and Characterization of an Unclassified RFI Affecting Ionospheric Amplitude Scintillation Index over the Mediterranean Area
Authors: Pica Emanuele , Minetto Alex , Cesaroni Claudio , Dovis Fabio
Published: September 2022

Radio Frequency (RF) signals transmitted by Global Navigation Satellite Systems (GNSS) are exploited as signals of opportunity in many scientific activities, ranging from sensing waterways and humidity of the terrain to the monitoring of the ionosphere. The latter can be pursued by processing the GNSS signals through dedicated ground-based monitoring equipment, such as the GNSS Ionospheric Scintillation and Total Electron Content Monitoring (GISTM) receivers. Nonetheless, GNSS signals are susceptible to intentional or unintentional RF interferences (RFIs), which may alter the calculation of the scintillation indices, thus compromising the quality of the scientific data and the reliability of the derived space weather monitoring products. Upon the observation of anomalous scintillation indices computed by a GISTM receiver in the Mediterranean area, the study presents the results of the analysis and characterization of a deliberate, unclassified interferer acting on the L1/E1 GNSS signal bands, observed and captured through an experimental, software defined radio setup. The paper also highlights the adverse impacts of the interferer on the amplitude scintillation indices employed in scientific investigations, and presents a methodology to discriminate among regular and corrupted scintillation data. To support further investigations, a dataset of baseband signals samples affected by the RFI is available at IEEE DataPort. 
USING TUNA MEAT AS A SUPPLEMENT TO INCREASE TESTOSTERONE HORMONE LEVEL IN MEN
Authors: Hasan Baqer J. , Abbas Zainab Fadhil
Published: September 2022

This experiment was designed to investigate the effect of using tuna meat as a supplement to increase testosterone hormone level in men. The experiment based on 15 non married men aged (21 – 27) divided into two groups, group of ten men who ate 100 g of tuna daily for 15 days, the other group consists of 5 men were on a control diet . Testosterone levels of all men were examined before and after by blood tests using I-chroma test procedure. The results after 15 days  showed significant variant in the T hormone. For example, the treated group results before eating tuna was ( 3.22 , 2.67 , 7.38 , 2.29 , 2.91 , 2.82 , 2.52 , 2.99 , 1 , 2.54 ) ng/ml  and after eating tuna is ( 2.64 , 1.94 , 7.13 , 3.47 , 6.62 , 3.68 , 3.9 , 5.32 , 2.7 , 3.5 ) ng/ml respectively. While the control group were, before: ( 4.1 , 1.06 , 3.97 , 2.15 , 1.86 ) ng/ml and after: ( 1.5 , 2 , 2.3 , 3.34 ) ng/ml respectively. The percentage  of  hormonal variation before and after experiment in treated group were ( -18% , -27% , -3% ) decrease for samples no. ( 1, 2, 3 ) respectively and for samples no (4, 5, 6, 7, 8, 9, 10 ) were ( 51%, 127%, 30%, 54%, 77%, 170%, 37% ) increase. While  the control group have decreased levels in samples no. ( 1, 3 ) with  percentage  of (-14%, -49% ) respectively, and increased levels in samples number ( 2, 4, 5 ) with percentage of ( 41%, 7%, 79% ). as we notice, not much difference  in control group, but treatment group has certain increase in seven samples  and  decrease  in  only three samples, because of several factors that the samples was exhibited to leads to decrease the hormone in  these samples after treatment. The study concluded that , continuous oral consumption  of 100g as supplement of  Tuna meat for at least 15 days can lead to increase and/or regulate blood levels of testosterone hormone in men.
FREQUENCY OF HEPATITIS C VIRUS INFECTION AMONG BETA-THALASSEMIA PATIENTS IN BAGHDAD CITY, IRAQ
Authors: Yaqoob Ali Muwafaq , Manhal Falah Salim
Published: September 2022

Patients with thalassemia major are at high risk of Hepatitis C virus (HCV) due to the blood transfusion from donors infected by HCV. The purpose of this study was to study the correlation between some hematological parameters and liver function tests with viral hepatitis and to evaluate the ELISA and RT- PCR techniques for the diagnosis of HCV in thalassaemic patients. Blood samples from eighty patients with ß-thalassemia were subjected to the following tests: PCV, Hb concentration, liver function tests (GPT, GOT, Alkaline phosphatase). Serum samples from all patients were tested for antibodies to hepatitis C virus using ELISA test and for HCV RNA by the real time polymerase chain reaction (RT-PCR). It was shown that 67.5% of study patients were detected with a range of PCV 15-20%, whereas 100% of patients were detected with a range of Hb (5-9 g/dL). In addition, 98.8% of patients were detected with elevated liver enzymes. It was shown that 100% of patients revealed with positive ELISA anti-HCV antibodies in their serum specimens. Positive RT-PCR assay was detected in 86% of study patients. ELISA test was revealed with 14% false positive results. Thalassemia patients should be aware of the risks of viral infection during their blood transfusions, and those with chronic infections should beware of transmitting the infection to uninfected individuals.Thalassemia
Mineral and Coal Mining Business and Management in Indonesia from the Indonesian Constitutional Viewpoint
Authors: Ferdiansyah Agustinus Ivan
Published: September 2022

Mineral and coal wealth in Indonesia has long been exploited and exploited since before Indonesia's independence. The mineral and coal management and exploitation scheme has undergone changes starting from using the Contract of Work/Agreement of Work scheme to using the Mining Business Permit scheme, all of which are claimed in accordance with Article 33 paragraph (3) of the NRI Constitution as the Indonesian constitution. The research aims to look at the management and exploitation of mineral and coal mining in Indonesia from the point of view of the 1945 Constitution of the Republic of Indonesia. The research method used in this paper is a normative research method, emphasizing the use of secondary data, namely examining the principles of law and legislation. invitations, which are sourced from primary legal materials, secondary legal materials and tertiary legal materials. In this study, it was concluded that the 1945 Constitution of the Republic of Indonesia mandates that the management and exploitation of mineral and coal mining by the Government must have a dominant role, the role of the government is not only to regulate, manage and supervise but also plays a role in its management as interpreted by the Constitutional Court's decision. Number 111/PUU- XIII/2015 and the ideas of Moh. Hatta, it does not mean that the Indonesian people reject foreign investment, but that there is a need for a new scheme, one of which is a Joint Venture where 51% or more of the shares are owned by the government or its representatives.
PENGARUH EFEKTIFITAS PIJAT BAYI TERHADAP PENINGKATAN LAMANYA TIDUR MALAM PADA BAYI 0-3 BULAN
Authors: Siregar Riani Baiduri , Siregar Harryjun K
Published: September 2022

Penelitian ini merupakan pre-eksperimental dengan menggunakan one group pretest – posttest design dengan tujuan untuk mengetahui secara langsung efek pemberian pijat bayi terhadap lamanya tidur bayi di malam haripada bayi usia 0-3 bulan pada saat sebelum perlakuan dengan sesudah perlakuan pada satu kelompok. Subjek penelitian sejumlah 10 orang bayi yang memenuhi kriteria inklusi.Pengujian Hipotesa dilakukan dengan menggunakan paired sample t test, Analisis ini digunakan untuk menguji dua kelompok data dependent dengan skala data interval atau rasio. Dengan ketentuan pengujian  Hipotesa gagal ditolak bila  p < α (0,05).Hasil uji Hipotesa dengan menggunakan paired sample t-test diperoleh nilai significant p = 0,003 dimana p < α (0,05),  yang artinya ada efek pemberian pijat bayi terhadap peningkatan lama tidur malam hari pada bayi usia 0-3 bulan sebelum dan sesudah pemijatan.Dari hasil penelitian dapat diambil kesimpulan dari data tersebut bahwa  ada efek pemberian pijat bayi terhadap peningkatan lama tidur malam hari pada bayi usia 0-3 bulan sesudah pemijatan.
Diffusing capacity of lungs in chronic obstructive pulmonary disease: gender, age, and race aspects
Authors: Kytikova O. Yu. , Antonyuk M. V. , Gvozdenko T. A. , Novgorodtseva T. P.
Published: September 2022

Introduction. Diffusion capacity of lungs is the second most important respiratory test after spirometry. The importance of assessing lung diffusion capacity in chronic obstructive pulmonary disease (COPD) is not given due attention, although this parameter reflects changes in functional lung volume and gas transport through the alveolar-capillary membrane, thereby providing more information about respiratory physiology than spirometry results. Diffusing capacity of the lung for carbon monoxide (DLCO) measurement is the standard in pulmonology, however, in recent years, close attention has been given to the determination of lung diffusion capacity for nitric oxide (DLNO), which gives better explanation of gas transport through the alveolar-capillary membrane compared to DLCO. Recent literature is actively discussing the inclusion of age, race, and gender aspects in spirometric reference equations that are used to assess spirometric parameters and lung diffusion capacity.Aim. To analyze the literature over the past five years, reflecting the views of modern researchers on methods for diagnosing lung diffusion capacity, as well as the contribution of age, race, and gender aspects to the assessment of this parameter in COPD.Materials and methods. The PubMed database was searched for information for the period 2017-2022 according to the selected inclusion criteria. Information requests included the following set of keywords: “diffusion capacity”, “chronic obstructive pulmonary disease”, “gender”, “age”, “race”, “DLNO”, “DLCO”. 123 articles were analyzed.Results. Recent evidence highlights the importance of including lung diffusivity in COPD prognostic programs. Determining the diffusion capacity of the lungs for nitric oxide may be a promising area of research soon. Gender and age considerations play an important role in the interpretation of spirometry data and lung diffusion capacity. The issue of including a racial trait in the assessment of the diffusing capacity of the lungs in COPD is in doubt.
Th1, Th2 cytokines in airway response to acute cold exposure in patients with bronchial asthma
Authors: Pirogov A. B. , Naumov D. E. , Prikhodko А. G. , Perelman J. M.
Published: September 2022

Introduction. The concept of the interaction of multidirectional cytokines that control the cellular and humoral immune response in the cold bronchospasm in asthma has been little studied.Aim. To evaluate the role of Th1 and Th2 cytokines in the formation of the airway response to a cold stimulus in patients with asthma.Materials and methods. The spectrum of cytokines (IFN-γ, IL-17А, TNFα, IL-1β, IL-2, IL-6, IL-4), protein IP-10 (chemokine CXCL10), MMP9 metalloproteinase and TIMP1 protein in exhaled breath condensate before and after 3-minute isocapnic hyperventilation with cold (-20ºС) air (IHCA) has been studied in 37 patients.Results. Patients were divided into two groups: group 1 (n=11) consisted of individuals with cold airway hyperresponsiveness (CAHR), group 2 – 26 individuals with no response to IHCA (ΔFEV1 IHCA = -16.5±2.3 and -1.5±0.85%, respectively, p<0.0001). Pro-inflammatory cytokines TNFα, IL-2, IL-1β, and IL-6 had a predominant effect on the development of CAHR. IFN-γ was considered as a central regulator of the bronchial response to a cold stimulus, the increase in the level of which in cold bronchospasm relative to the group without CAHR (399,52 [237,1; 753,23] and 237,99 [57,63; 304,84] fg/mL, respectively, p<0.05) was accompanied by an increase in the concentration of IFN-γ-induced protein IP-10 (201.12 [199.4; 398.81] and 167.33 [132.94; 212.77] fg/mL, respectively (p<0.05). The absence of dynamics of IL-4 concentration in response to IHCA testified to the minimal involvement of IL-4 in the implementation of CAHR. The involvement of IL-17A could be associated with the activity of Th1 cytokines and the cold-activated proteolysis-antiproteolysis system involved in bronchial remodeling ‒ metalloproteinase MMP9 and a specific inhibitor of metalloproteinases TIMP1, the values of the latter two were higher in individuals with CAHR after the IHCA test.Conclusion. In patients with asthma, in the implementation of cold bronchospasm, the dominance of the Th1 immune response and a decrease in the functional activity of Th2 cytokines are observed.
Application of International Classification of Functioning, Disability and Health in medical rehabilitation of patients after COVID-19
Authors: Dudchenko L. Sh. , Mizin V. I. , Grigoriev P. E. , Solovyova E. A.
Published: September 2022

Introduction. The spread of the novel coronavirus infection COVID-19 required the restructuring of all links in the provision of specialized medical care, including the stages of medical rehabilitation. The organization of medical rehabilitation of patients with COVID-19 is in the process of active formation. For an objective assessment of а health-resort rehabilitation, it is necessary to use the criteria of the International Classification of Functioning, Disability and Health (ICF).Aim. To develop a set of ICF domains for the period of health-resort medical rehabilitation of patients after COVID-19 to assess the initial state and rehabilitation results.Materials and methods. Clinical, laboratory, functional examination was carried out for all patients upon admission and discharge. Medical rehabilitation was carried out in the conditions of a climatic health-resort institution.Results. The set of ICF domains should meet the goals and objectives of each stage of rehabilitation. A set of ICF domains has been developed for patients entering health-resort rehabilitation after the COVID-19. Domains are filled with parameters of clinical, functional and laboratory examination.Conclusion. The developed methodology can be used to assess the effectiveness of health-resort medical rehabilitation of patients after COVID-19.
An Argument Against Unbounded Arrest Power: The Expressive Fourth Amendment and Protesting While Black
Authors: Pita Loor Karen
Published: September 2022

Protesting is supposed to be revered in our democracy, considered “as American as apple pie” in our nation’s mythology. But the actual experiences of the 2020 racial justice protesters showed that this supposed reverence for political dissent and protest is more akin to American folklore than reality on the streets. The images from those streets depicted police officers clad in riot gear and armed with shields, batons, and “less than” lethal weapons aggressively arresting protesters, often en masse. In the first week of the George Floyd protests, police arrested roughly 10,000 people, and approximately 78 percent of those arrests were for nonviolent misdemeanor offenses or criminal violations. Moreover, troubling figures regarding the racial breakdown of protest-related arrests, along with anecdotes from activists, suggest that just as with routine policing, the experiences of Black and white people differ during protests—even when they protest side by side—with police potentially targeting Black activists for arrest. This Article exposes how police officers’ easy access to a wide arsenal of criminal charges serves to trample on expressive freedoms and explains how a new and clearer understanding of the Fourth Amendment’s application to expressive conduct should curb the police’s seemingly unbounded power to arrest protesters. In Part I of this Article, I revisit and review the roots and rationale of the Expressive Fourth Amendment doctrine, which posits that there is an expressive component to Fourth Amendment protection. In Part II, I discuss the criminal statutes that police often use to make arrests during protests and then focus more narrowly on the arrests in New York City in the early days of the George Floyd demonstrations, including the racial makeup of arrestees. In Part III, I explain how the presiding understanding of the Fourth Amendment places minimal limits on a police officer’s ability to arrest, regardless of an individual’s engagement in expressive political conduct. Thereafter, I describe how the Expressive Fourth Amendment should apply to arrests and serve to curtail an officer’s ability to engage in warrantless arrests of protesters for nonviolent misdemeanors.
Weighing the benefits of Karl Larenz
Authors: Nastasiichuk Oleksandr
Published: September 2022

The article “Weighing the benefits of Karl Larenz” speaks about – in the terminology of the analytical philosopherW. Stegmüller – the direct interpretation and rational reconstruction of the idea of weighing the benefits in the legal methodology ofthe German professor K. Larenz (1903-1993). In the first case it is a description and statement of what the author mentioned in the titleof the article really had in mind when analyzing the weighing in law, and in the second about the implementation of the followingrequirements: the theory of weighing benefits should be presented in such a way that the presentation remains in agreement with themain ideas of K. Larenz; it should be set out to the extent possible with precise concepts, and also developed as a consistent (coherent)theory if possible.It was initially taken into account that the “legal career” of the concept of weighing in German (Federal German Republic)jurisprudence begins – according to H. Rückert – began in the middle of the last century, ie after 1950 and continues to the present.

This almost coincides with the beginning of the publication of K. Larenz’s “Methodology of Jurisprudence”, which took place in 1960.In six editions of “Methodology”, “weighing of benefits” appeared as a heading only in the third edition, which was published in 1975and did not leave it in the subsequent 4-6 editions (the sixth was published in 1991), although lapidary analysis of weighing as suchhas place in the first edition. In general, Larenz’s concept of weighing was built within the neo-Hegelian direction in philosophy togetherwith philosophical hermeneutics, ie not with the help of analytical (in the sense of analytical philosophy) method, and therefore necessarilyrequires a rational, or rather analytical reconstruction.Rational reconstruction is carried out on the basis of, firstly, such a precise concept as “semantic rules” (R. Carnap), which meansinterpretive (in a broad sense) provisions, which together with the provisions on the norm and the fact, play the role of justifying thelegal decision.Secondly, such a reconstruction was carried out on the basis of three approaches proposed by such authors as: R. Aleksi,H.-J. Koch, H. Rüßmann and H. Rückert, namely: a) on the basis of the formulation of a new (the approach of R. Alexi) or b) the developmentof an old norm (the approach of H.-J. Koch (and H. Rüßmann) and c) without the formulation norms (the approach of H. Rückert),which in the first and second cases would have, and in the third could be a large (normative) basis within the framework of the socalled“internal justification” of a legal decision in the terminology of R. Alexi or within the framework of called the “main scheme”H.-J. Koch (and H. Rüßmann).As a result, it is shown that K. Larenz’s understanding of weighing properly is reconstructed with the help of H. Rückert’sapproach, that is, without the judge creating a new one and without developing the old norm.
The concept and legislative provision of the human right to honour and dignity
Authors: Kushnir Inna , Novak Anna
Published: September 2022

Ensuring the protection of the honor and dignity of the individual reflects the close relationship between the individual and thestate and acquires special significance in the current context of humanization and the formation of a human-centered international legaland national policy. To develop more effective means of protecting the honor and dignity of the person at the national level, requires aclear understanding of the social nature and legal nature of this phenomenon, its concept and legislative support for the protection ofthe right to honor and dignity. The purpose of this study is to define the concept of the right to respect for human honor and dignity andthe degree of its legislative support. Dignity and honor are quite complex concepts and are fundamental among human rights in general.Legal understanding of honor and dignity is realized through norms that guarantee observance of the right to honor and dignity and itsprotection, enshrined in national and international law.It is established that dignity is an internal assessment (self-assessment) of a person and awareness of one’s own significance forsociety in view of its inherent moral, spiritual and physical (natural) qualities; honor is an external assessment of a person’s moral, spiritualand physical qualities, which are embodied in his behavior, depending on the level of economic, political, social and spiritualdevelopment of society and the hierarchy of values, which is manifested in the recognition and authority of man, respect for him byother members of society. The right to honor and dignity are legally established rules and means that guarantee a person the opportunityto self-assess, realize their own importance to society and external evaluation in view of its inherent moral, spiritual and physical (natural)qualities embodied in its behavior. On the basis of the conducted research it is offered to make changes to some norms of the legislationof Ukraine. This study does not cover the problem of ensuring and protecting the human right to honor and dignity and opens upprospects for further search in this area.
Formation and development of municipal legal policy of Ukraine in the context of further development of democratic legal statehood.
Authors: Hwan Ruslan
Published: September 2022

The purpose of this article is to study doctrinal approaches to the formation and development of municipal legal policy in Ukrainein the context of the further development of democratic legal statehood.It has been proved that objectification and actualization of the development of municipal legal policy is an integral part of statelegal policy and carries out a purposeful and institutional-constitutive influence on the formation and development of local self-governmentin the conditions of which territorial communities exist and function, – are associated with the improvement of democraticlegal statehood.It is indicated that the actualization of the problems of municipal legal policy of the state is directly related to the conditions forthe existence and functioning of statehood and the international community of states in crisis conditions, in fact contributes to its objectification,contextualization, requires its qualitatively new understanding, filling, as well as new mechanisms of regulatory, legislativeand administrative technological support and support.In the context of understanding the semantic and etymological load of the terminological system “democratic legal statehood”,where the categorical concept of “statehood” acts as a reference, significant self-governing attitudes are highlighted that can be reflectedand consolidated in municipal legal policy in the context of the collectivist foundations of the exercise of public power, human accessto the implementation of such power at different levels of society, the legalization of human and civil rights and freedoms, humanitarianand humanistic parameters for the implementation of state activities in many areas of social life.
The Peculiarities of Legal Nature of Digital Human Rights
Authors: Popovych Tereziia
Published: September 2022

The article is devoted to the analysis of the peculiarities of the legal nature of digital human rights. The author emphasizes theexisting terminological contradictions in scientific doctrine regarding the name of this group of human rights. Thus, it is noted thatresearchers call the rights that are associated with the development of information (including the Internet) technology: information, virtual,digital (digital rights), Internet rights (Internet rights), the right to communicate rights to communicate), freedom to connect withany person, at any time, in any place, for any purpose (freedom to connect – to anyone, anytime, anywhere, for anything).In order to achieve the purpose of the study, the author drew attention to the understanding of the concept and features of theInternet both in scientific doctrine and at the legislative level. The author emphasizes the problematic aspects that exist in the directionof distinguishing between digital and information rights, noting that the legal nature of the latter is not clearly defined. In attempting tomake such a distinction, the author notes that the object of both rights under study is information, however, digital rights exist due tothe existence of the Internet, and therefore contain a communication component. However, digital rights, while largely identical in contentwith the right to information, nevertheless emerge as a whole new area of human rights.In addition, in the course of the study the author considered the main types of digital rights. In particular, it is stated that digitalrights include the right to access the Internet, the right to protection of personal data and the right to be forgotten. However, the authordraws attention to the fact that in addition to digital rights, there are also obligations that arise from them, as a result of which he definesthe legal obligations associated with the implementation of each of the studied digital rights, using the provisions of international law,national legislation, foreign experience and case law. In addition, the need to conduct research in the field of legal obligations throughthe prism of the implementation of digital human rights was emphasized.
Regulatory and legal support of public administration in the field of medical service of the population
Authors: Kravets Victoria
Published: September 2022

The article formulates classification groups of normative legal acts that will regulate the activity of the sphere of medical care ofthe population. Today in Ukraine there are a number of laws and other regulations that provide medical care. In order to improve theentire regulatory system in the study area, it is necessary to systematize all regulations, depending on the subject orientation, into classificationgroups of regulatory and legal support of medical care, depending on the subject of legal support of medical care, namely: actsthat aimed at providing medical services and medical care; acts that form the relationship of health care institutions with patients; actsthat regulate characterological social relations in the field of medical care; acts establishing legal liability for violation of norms in thefield of medical care. In accordance with the proposed classification, the author described the systematized regulations. The sources thatdetermine international legal acts in the field of health care are documents issued by the United Nations, the World Health Organi zation,the International Labor Organization, the Council of Europe and the European Union, the World and European Medical Associations, andnamely: “Convention for the Protection of Human Rights and Dignity of Biology and Medicine: Convention on Human Rights and Biomedicine(European Convention on Human Rights and Biomedicine)”; “European Convention for the Protection of Human Rights andFundamental Freedoms (ECHR)”; “European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment”;“European Social Charter (ESC)”; “Framework Convention for the Protection of National Minorities”; “Recommendation № R(2000) 5 of the Committee of Ministers of the Council of Europe to member states on the development of forms of participation of citizensand patients in the decision-making process affecting health care”; “Partial agreement in the field of social and public health”; “Conventionon the Development of a European Pharmacopoeia”; “Convention for the Protection of Human Rights and Dignity in Respect ofthe Use of Advances in Biology and Medicine” and its protocols, etc., which are supplemented and clarified by a number of recommendationsin the field of medical care; Directive 2001/83 / EC of the European Parliament and of the Council of the European Union on theCommunity code relating to medicinal products for human use, as well as Directives of the Council of the European Union, namely: theEU Charter of Fundamental Rights; “Draft EU Directive on the rights of patients in cross-border healthcare”, etc.
Recodification of civil legislation of Ukraine and private international law: to the issue of the prospects
Authors: Gramatskiy Ernest
Published: September 2022

Nowadays the processes of democratization, liberalization, integration of Ukraine into European and world space take place. Theundisputed significance for these processes is the signing of the Association Agreement between Ukraine and the European Union.Thus, the rapprochement of Ukraine with the European community, which has taken place in recent years, affects the sphere of privatelaw relations, which are complicated by a foreign element - the legal relations that make up the subject matter of international privatelaw.Having analyzed current doctrine of international private law, the author can conclude that nowadays researchers are paying moreattention to a deep understanding and study of the general provisions of this branch of law rather than to analysis of individual sub-sectorsand institutes of private international law.Nowadays recodification of civil legislation is taking place in Ukraine.The main reason for the recodification of civil legislation is to increase legal certainty as a component of the rule of law. Legalcertainty demonstrates an ability of legislation to satisfy the needs of the subjects of law in the respective benefits.At the same time some specific issues related to the recodification of civil legislation and its link with private international lawhave not been the subject to scientific research. In our opinion, these issues deserve special attention, as they make it possible to analyzenot only the current state of private international relations, but also to forecast the prospects and changes in the field of private international law. The aspects to be discussed are the consolidation of the private international law system of principles, revision of the impera -tive norms institute and public order clause.The analysis of scientific points of private international law doctrine representatives gives grounds to conclude that there is currentlyno universal approach to understanding the system of principles of private international law, the imperative norms and publicorder institute. Neither private international law legislation, nor scientific approaches give clear vision of these issues.It is crucial to stress that recodification of civil legislation in Ukraine has its direct impact on private international law systemand its mechanism of legal regulations.
Problems of consideration of individual labour disputes
Authors: Kozhushko Svitlana , Niavchuk Daryna
Published: September 2022

The article examines the problems of considering individual labour disputes. Labour disputes are a type of conflict. We considerlabour disputes, both individual and collective. An individual labour dispute is a disagreement that covers up contradictions and arisesbetween an employer and an employee in the process of an employment relationship. The difference between individual and collectivelabour disputes is that the first concerns an individual employee, and not the entire staff of the enterprise. There is a procedure for consideringindividual labour disputes.The Labour Code establishes the procedure for resolving labour disputes and specifies which bodies are authorized to resolvethese disputes. These bodies include labour dispute commissions and courts. A labour dispute commission is created at enterprises, institutionsand organizations to resolve individual labour disputes arising in labour relations.The main task of the commission is to resolve individual labour disputes at the place of their origin. The article defines the procedurefor applying to the labour dispute commission. Another body that resolves individual labour disputes is the court. The court, asa subordinate body, deals with individual labour disputes. You can go to court if the company, institution or organization does not havea labour dispute committee or if you disagree with its decision. Consideration of cases in court has a special procedure.Particular attention is paid to issues affecting the consideration and resolution of individual labour disputes. There are many problemsassociated with resolving individual labour disputes. There are no effective legal instruments necessary for the successful resolutionof labour disputes at all stages in Ukraine. Since not all enterprises can create LDCs (Labour Dispute Commissions), there is a needto introduce mediation into the legal field or create a competent body that would consider labour disputes at enterprises, institutionsand organizations in order to protect the labour rights of a person and a citizen.
Types of notarial procedural relations (on the example of using general theoretical classifications of legal relations)
Authors: Kryzhevska Olena
Published: September 2022

The types of notarial procedural legal relations are researched. Approaches of scientists to determination of kinds of notarial proceduralrelations are worked out.Applying the method of classification, which consists in the division of notarial procedural legal relations into types dependingon their individual features, the author identifies features that can not be explored through other methods of scientific knowledge. Theclassification of notarial procedural legal relations can be carried out both on the general criteria characteristic of the classification of all legal relations and on the criteria used in the classification of procedural legal relations or those criteria that may be inherent onlyin classifications of notarial procedural legal relations.In connection with the above, according to the author, we can talk about general, intersectoral and sectoral classifications of nota -rial procedural legal relations.Note that in the science of notarial process there are no special studies on the types of notarial procedural legal relations. However,as our analysis shows, the division of notarial procedural legal relations into types significantly expands the idea of their featuresand properties.Thus, the study of the types of notarial procedural legal relations (on the example of the use of general theoretical classifications oflegal relations) showed their diversity, which is not fully explored in the scientific literature. An analysis of modern textbooks on notarialprocedural law has shown that most researchers ignore this issue. However, in the theory of law, the types of legal relations are presentedproperly. Notarial procedural legal relations are a kind of legal relations, which allowed the author to establish appropriate parallels.The variety of types of notarial procedural legal relations, as well as the criteria for their distribution is due to the peculiarities oftheir elemental composition. That is why it is quite possible to establish a large number of criteria for the distribution of notarial procedurallegal relations, including those that are inherent in any legal relationship, as well as specific only to the notarial-procedural sphere.
Dematerialization of Court Proceedings: Reality or Abstraction?
Authors: Paskar Aurika
Published: September 2022

In this article the author investigates both theoretical and practical aspects of the process of dematerialization of court procee -dings. The current work relies on a comparative study of international and national legislation on the possibility and methods of theimplementation of ICT in the judiciary. The author thus has analysed the ways to optimize the judicial process and increase the efficiencyof justice. According to the results of the study, the process of dematerialization of court proceedings should be understood asan introduction of the ICT in the judiciary, creating appropriate conditions for processing, storage and usage of procedural documentsin electronic form. The latter is meant to enhance the speed of information exchange between the litigants and increase the efficiencyand transparency of justice. The author found that the dematerialization of litigation and the use of ICT in the judiciary, expanding theuse of electronic means of communication between all participants in the judiciary has become an important and necessary element ofeffective functioning of the judiciary as a whole. It is noted that the planned abandonment of the paper version of documentation is welcomednot only for reasons of optimization and simplification of the document exchange process, preservation and record keeping, butalso in the view of environmental safety issues. The potential risks of the dematerialization process have been outlined: restriction ofaccess to justice for vulnerable groups, observance of confidentiality of digital information, restriction of procedural rights of participantsin the judiciary, software imperfection for legislative regulation, etc. The author finds that the minimization of these negative consequencesis possible by taking into account the software development of electronic document management in the judiciary, and notonly the purely technical aspects. First of all, we should proceed from the priority tasks and functions of justice, as well as the need toensure the priority of protection of individual rights.
International marine trade: a scientific analysis of the history of their legal regulation and the necessary of its unification today.
Authors: Dobrovolskyi Volodymyr
Published: September 2022

The article presents the result of the analysis of three International Conventions and two protocols such as: The International Conventionfor the Unification of Certain Rules of Law relating to Bills of Lading of 1924 and its two protocols, called the Visby Ruleswas adopted in 1968 and 1979, the United Nations Convention on the Carriage of Goods by Sea of 1978 and the United Nations Conventionon Contracts for the International Carriage of Goods Wholly or Partly by Sea of 2008.The peculiarities of the acting legal regimes of responsibility are characterized, the necessity of their unified low regulation isshown. The article describes the sphere of activity of each convention, which is the responsibility of the carrier for non-preservation ofcargo, delay in delivery, conducted analyzes the limits of financial liability, statute of limitations, jurisdiction and arbitration. The possibilityof shipowners to protect their legal rights by drawing up a sea protest. A number of innovations are analyzed, which wereappeared in the Rotterdam Rules, such as 1)the specific obligations that are imposed on the carrier, as for to bring the cargoships intoseaworthiness at the beginning and during the voyage, 2) multimodal transportations, 3) deck cargoes (so-called “container revolution”),4) transport electronic records as an alternative to the “paper” written document. The article indicate: Ukraine has not ratifiedany of the above Conventions, which does not allow our country to fully protect its interests in the field of maritime transportation.Analysis was also performed of the average age of the Ukrainian sea cargoships and the factors influence for it.The article is finished by conclusion as for choice and expediency of ratification of one of the above conventions, as for on theprotection of the interests of Ukrainian cargoowners and shipowners in international marine trade and cargo transportation betweencountries.
Certain issues of the relationship between intellectual property rights and human rights in international legal aspects
Authors: Vashchynets Ivan
Published: September 2022

The article discusses the relationship between intellectual property rights and human rights in the context of international treaties,in particular the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights.Based on the relevant articles of these documents provided for the right of everyone to benefit from the protection of the moral andmaterial interests resulting from any scientific, literary or artistic production of which he is the author as well as on the specific featuresof human rights, the nature of intellectual rights and their intersection with human rights are analysed.The article devotes considerable attention to various international bodies’ views on the question at hand. In one of the most importantdocuments on the issue, General Comment No. 17, the UN Committee on Economic, Social and Cultural Rights contrasts humanrights with intellectual property rights. It is noted that the former are fundamental, inalienable and universal entitlements belonging toindividuals, and the latter are generally of a temporary nature, and can be revoked, licensed or assigned to someone else. At the sametime, the UN Committee interpreted the author’s moral rights of attribution and integrity of his work to form part of the moral interestsreferred to in human rights law.The Special Rapporteur in the field of cultural rights Farida Shaheed generally concurred with the position of the Committee.However, she stressed the importance of looking beyond moral rights already recognized in copyright regimes to discern additional orstronger moral interests from a human rights standpoint so as to prevent the moral interests of authors from being under-protected. TheSpecial Rapporteur acknowledges that the moral rights of inventors and scientific discoverers are also protected as human rights.In respect to material interests, a limited number of property rights of authors can be recognized as human rights. As both the UNCommittee and the Special Rapporteur agreed, the material interests of authors are linked to an adequate standard of living which canbe achieved through one-time payments or by vesting an author, for a limited period of time, with the exclusive right to exploit his scientific,literary or artistic production.Hence, considering the provisions of Universal Declaration of Human Rights and the International Covenant on Economic,Social and Cultural Rights, the creator’s moral rights of attribution and integrity of his work as well as his resale right and right to remunerationcan be considered as human rights.