bluuebunny/crossref_metadata_2025 huggingface dataset:
The Influence of Dress Code on the Quality of Higher Education from a Sharia Critical Perspective: A Case Study of Umma University
Authors: Abdulrahman Manswab Mahsen
Published: June 2023

Umma University is Kenya's first Islamic-based university, chartered in 2019, and was founded to improve access towards quality higher education for diverse individuals, cultures and communities. Subsequently, the university received many students from different religions, communities, and cultures, some of whom have violated the dress code initiated by the university. This is the research problem. This study's main objective was to explore the causes of indecent dressing among the students as well as to enhance the culture of proper dressing in higher learning institutions in general and at Umma University in particular. The study will use both quantitative and qualitative research methods. Open-ended questions were used. In addition to that, a questionnaire will be used, involving 103 students as representative respondents. The researcher will review references and study dissertations relating to dress code. The findings show that the most prominent factor of indecent dress is "freedom of choice" (68%), followed by the negative influence by foreign cultures through social media (66%), implementing dress codes doesn’t solve genuine problems in the university (57%), peer pressure (57%), and there is no specific penalty in the dress code (51%), among others. Therefore, it is recommended to amend the student dress code in the student information handbook 2020 while creating more awareness of the dress code through the use of announcements on notice boards and other means in strategic locations across the university premises.
LA SEGURIDAD Y DEFENSA, EL DESARROLLO TECNOLÓGICO, LA INNOVACIÓN Y LA TRANSFORMACIÓN
Authors: Proaño Rodriguez Nelson Bolivar , Alvarez Valenzuela John Fernando
Published: June 2023

La necesidad de protección a la población exige vivir en un entorno confiable y seguro, esta necesidad encamina a las instituciones del Estado responsables de garantizar la integridad y custodia de sus recursos a evolucionar tecnológicamente para disponer de medios y capacidades que salvaguarden la supervivencia de una nación, el cuidado de sus ciudadanos y su patrimonio. Las Fuerzas Armadas, como una de las principales instituciones encargadas de la defensa y seguridad del país, requieren actualizar permanentemente su forma de empleo y capacidades necesarias para cumplir con su misión constitucional y demás tareas encomendadas. En este artículo se explica cómo la revolución en el desarrollo tecnológico del componente militar, así como la innovación constante y paralela al complejo mundo de la modernización han impactado en la historia de las guerras. Igualmente, se expone cómo las actuales amenazas inducen a una transformación de las fuerzas militares para actuar en los nuevos escenarios complejos.
PROPUESTAS ALTERNATIVAS PARA OBTENER CAMBIOS POSITIVOS EN LA TRANSFORMACIÓN DEL EJÉRCITO
Authors: Navarrete Berrú Jaime Alejandro , Tapia Gonzembach Rodrigo Javier
Published: June 2023

Luego de los ataques realizado a las Torres Gemelas en el año 2001 el escenario mundial cambió radicalmente. Las amenazas que aquejan los Estados requieren profundas transformaciones de sus fuerzas armadas. El Ejército ecuatoriano, no ajeno a esta realidad y luego de que se cerrara definitivamente la frontera sur, ha apostado por realizar cambios sustanciales que aporten al crecimiento de la institución y de sus soldados.
El presente artículo analiza las misiones que cumplen las Fuerzas Armadas, propone alternativas al marco legal en el que se desarrollan, y sugiere opciones para mejorar las capacidades operativas que se disponen. Estos tres pilares fundamentales para la transformación son interdependientes y trabajar en su desarrollo es esencial para poder abordar el tema de una verdadera transformación del Ejército.
EL TERRORISMO Y SU TRANSFORMACION
Authors: Arias Tapia Richard Paúl , Manzano Terán Luis Santiago
Published: June 2023

La aparición de la internet marcó un antes y un después en el modo cómo las personas acceden a los sistemas de información, donde cada acto se encuentra reflejado, pues “la red es un nuevo espacio donde los roles de los diferentes actores se construyen, evolucionan y cambian constantemente”. Además, con el desarrollo acelerado de la internet, también emerge el lado oscuro y surgen nuevos términos como cibercrimen, ciberdelito, ciberterrorismo, que describen de forma genérica los aspectos ilícitos cometidos en el ciberespacio. El objetivo de la presente investigación es analizar el concepto de ciberterrorismo, que ha evolucionado como amenaza híbrida, partiendo de una variante del terrorismo, que permita describir la gobernanza actual del Ecuador en ciberseguridad y la respuesta de los Estados ante esta amenaza, enmarcada en los parámetros de la sociedad global que al igual que otras amenazas es una preocupación mundial ocupando un lugar importante en la agenda local e internacional.

 
Palabras clave: Amenazas Híbridas, Ciberespacio, Ciberterrorismo.
LAS AMENAZAS HÍBRIDAS COMO AMENAZA AL ESTADO
Authors: FONSECA MENESES Xavier Vinicio , Sani Fabian
Published: June 2023

En el presente artículo analizaremos los antecedentes, evolución y cómo las amenazas hibridas pueden llegar a poner en jaque al sistema de defensa de los estados al convertirse en guerras hibridas. Se estudia los desafíos que este tipo de amenazas representan para el Estado ecuatoriano y se presenta una propuesta de mejoramiento desde la perspectiva de la actualización doctrinaria de la Academia de Guerra del Ejército ecuatoriano.
LAS FF.AA. Y LA GESTIÓN DEL RIESGO EN ARGENTINA
Authors: GRANERO EMANUEL JESÚS
Published: June 2023

El artículo tiene por objeto analizar el aporte de las FF.AA. a la protección civil, así como también sus potencialidades para contribuir a perfeccionar la gestión del riesgo de desastres en Argentina. Además, procura realizar un análisis de la contribución de las FF.AA. a lo largo de la historia de la protección civil argentina, del funcionamiento del sistema nacional de gestión de riesgos y, a la vez, describir el concepto de empleo de los elementos militares en operaciones de protección civil y sus proyectos en el corto, mediano y largo plazo.
Todo ello, a efectos de determinar si las FF.AA. tienen las competencias necesarias para ser el motor de cambio evolutivo en cuanto a los resultados de la gestión de riesgo y, de ser así, si debe mantenerse el sistema con la estructura actual.
Procedure for Election and Recall the Chairman of the Verkhovna Rada of Ukraine
Authors: Zozulia O.I.
Published: June 2023

The constitutional and legal basis of the election and recall of the Chairman of the Verkhovna Rada of Ukraine have been analyzed, the essence and peculiarities of their procedure and grounds were determined, as well as the priority directions for improving these key elements of the constitutional and legal status of the Chairman of the Parliament were substantiated. It was established that the procedure for electing and recalling the Chairman of the Verkhovna Rada of Ukraine is one of the core elements of his constitutional and legal status, which is designed to ensure the effectiveness, impartiality and stability of this institution, democratic management of the parliament and parliament`s control the Chairman of the Verkhovna Rada of Ukraine. The existing procedure for electing and recalling the Chairman of the Verkhovna Rada of Ukraine is characterized by its constitutional non-regulation, fragmentation and inconsistency of legislative regulation. It has substantiated that the priority of improving the procedure for electing and recalling the Chairman of the Verkhovna Rada of Ukraine and his deputies should be the constitutional consolidation of the method and other features of their election, principles and grounds for recall them from office. Other measures should be: raising the level of political culture and responsibility of the deputy corps when electing and recalling leadership of the parliament, using the secret voting procedure; formation a custom regarding election of a person who meets the requirements for the post of head of state, has high authority and moral-business qualities as the Chairman of the Parliament. It’s also advisable to: guaranteeing the parliamentary minority the position of Deputy Chairman of the Verkhovna Rada of Ukraine; attributing non-fulfillment of the activity program of the Speaker of the Parliament to the grounds for his removal from office. Finally, it will be appropriate: regulation of the procedure and consequences of early termination of powers of the Chairman of the Parliament during his temporary execution the duties of the President of Ukraine; in such a case, assigning the execution of the duties of the head of state to the First Deputy Chairman of the Verkhovna Rada of Ukraine.
Terrorism and the most dangerous threat to the whole world: current issues
Authors: Mawlood S.
Published: June 2023

Unfortunately, nowadays the general public and the world at large are going through high level of risk and dangerous due to a terrible threat of nuclear weapons as well as weapons of mass destruction. Here, the point is the pretending nuclear wars do not limit between only two parties or states, but goes far, might go to every single country which leads to the third world war, existence of humanity is under annihilation. In past decades societies in general thought only terrorists do terrorism, besides some countries which support radical groups and use them in secret, but now the situation is changed, the recognized states and countries announce frankly to use nuclear or mass destruction weapons, not just that but, becomes a title of their bulletin news which is in fact a dangerous precedent on the ground. The current situation is in the highest alarm and only a simple start with a spark by a conflict or non-conflict parties on the ground which goes under control and the whole world suffers from it. The world community has already had the bitterness and mass destroying of using nuclear weapon, but unfortunately it shows that not all states took the seriousness of humanitarian catastrophe after using nuclear weapon yet. It means any using of the mass destruction weapons will almost the end of living on the earth as the experts imagine and analyze how the case goes worse and worse day after day, even the international relationship in all aspects of diplomatic, economic, trade and other fields are deteriorated and not as before because of having desire by some states to occupy and takeover of other territories or free states under different names and non-logic reasons and that’s why almost all states try to rebuild its army and expense more and more money on its army and weapons. This threat is like a plague thus, if we do not have a medicine and solution it wipes out an entire population without any exception among countries whether the country is superpower or non-superpower including the permanent members of Security Council of United Notion. Hence, the article is based on said statements issued by high rank officials and other facts research.
History of establishment and features of constitutional control in Estonia
Authors: Pleskach V.Y.
Published: June 2023

Ukraine has chosen for itself the European model of centralized constitutional control, which implies creation of a separate Constitutional Court to resolve cases on the constitutionality of laws and some other legal acts. Of course, this model is not unique is also not the only one in the organization of constitutional control among those used in Europe. One of the most attention-grabbing alternative options for the organization of constitutional control is the Estonian model - which, although it is similar to those countries where disputes about the constitutionality of laws are resolved by courts of general jurisdiction (or only by the Supreme Court), is nevertheless unique in many ways.

The article examines the factors that influenced Estonia's development of its unique approach to the organization of constitutional control, as well as an analysis of the possibility and expediency of transferring this experience to countries with already existing constitutional control, where the Constitutional Court operates. In particular, to begin with, the history of the development of the judicial system in Estonia in the 20th century was considered. Immediately after this country gained independence, its first Constitution was adopted, which became the basis for the birth of constitutional control in Estonia. The article also examines the peculiarities of the procedure for reviewing constitutionality of laws in Estonia by courts of all levels (including the Supreme Court) under the current legislation.

A separate subject of attention in the article is the discussion that has been going on for a long time in Estonia about the necessity and expediency of depriving the Supreme Court of its powers to exercise constitutional control with the formation of the Constitutional Court as a separate body. The key arguments put forward by both supporters and opponents of the changes have been considered.

According to the results of the study, possible risks for the Supreme Court and the mandate of its judges, which may be accompanied by the transfer of the Estonian experience in the organization of constitutional control to countries where there is a separate Constitutional Court, are highlighted.

The relevance of the study is due to the fact that despite the lively interest in the unique features of the organization of the Estonian judicial system, due to the language barrier, the question of the history of the formation of the Supreme Court of Estonia as a body of constitutional control escapes the attention of researchers.
Legal models of housing provision in EU countries
Authors: Davydova N.
Published: June 2023

In the conducted study, an attempt was made to combine the available statistical information, to rank the data on the EU countries according to the development of housing relations in them. Sweden, Belgium, Luxembourg, the Netherlands, Finland, Cyprus and France are among the countries identified as countries with a high level of housing relations. Housing conditions are below average in the Czech Republic, Slovenia, and Slovakia. Romania has the lowest level of housing relations. There is no single policy for meeting housing needs in the European Union: in modern Europe, there is a wide variety of housing policies and ways of solving the housing issue.

This diversity is determined by the historical, civilizational and cultural features of the countries, the level of their economic development. The purpose of the article is to identify common features and analyze the possibility and expediency of their borrowing to the legal space of Ukraine. In the EU countries, four types of residence of citizens in housing can be distinguished: simple private property; mortgaged property; rent at market price; rent at a reduced price or for free. There are differences in the housing sector in the developed countries of Western Europe and in the countries of Eastern Europe.

In the territory of the former socialist community, in the housing sector, the right of private ownership prevails over lease relationships; social orientation in meeting housing needs is inferior to commercial interests.

In developed countries, one large property (residential object) has 3-4 dependents (residents who are not owners), while in developing countries, a different housing pattern is observed, in which one small property has 1- 2 housing dependents, which is related to the desire to have a smaller number of co-owners and, accordingly, hypothetical legal disputes with them.
Distribution of Responsibilities on Proving in Cases on Reimbursement for Moral (Non-Pecuniary) Damage
Authors: Slipchenko O. , Kroitor V.
Published: June 2023

The authors of the article study the problem of distributing responsibilities on proving in cases of reimbursement for moral (non-pecuniary) damage. At the same time, it has been noted that each party is currently obliged to prove those circumstances, to which it refers to as the basis of its requirements and objections. Thus, the Civil Procedural Code of Ukraine of 2004 introduced a new concept of adversarial proceedings into civil procedure, where the parties are obliged to play an active role in judicial proving (Art. 12 of the Civil Procedural Code of Ukraine).

The authors of the paper have concluded that both  the parties and all persons who are authorized to collect and present evidence, take part in their verification and evaluation in accordance with the procedure established by law are subjects in all civil cases, as well as in cases on reimbursement of moral (non -pecuniary) damage. Accordingly, it is also applied to the court, which should be actively involved in the proving process.

The authors of the research have concluded that the process of proving provides the distribution of responsibilities between the subjects, when their will coincides with respect to the subject matter of the dispute. Another thing when such a will has different content. It is the specific feature of the adversarial principle, which is the basis for the distribution of responsibilities on proving, when the parties defend their interests presenting the necessary evidence in the case, pursuing the purpose – to obtain a positive judgment for themselves.

It has been emphasized as a result of the research that legal presumptions play a significant role in the distribution of responsibilities on proving, that is, the assumptions enshrined in the law on the existence of certain facts about other facts related to them. The presumption releases the party, who benefits of its establishment, from proving the fact. Cases for the reimbursement of moral (non -pecuniary) damage are no exception to this. This category of cases benefits from the consideration of the issue on the existence of the following presumptions: presumption of moral (non-pecuniary) damage; presumption of illegality of actions (omission) of a causer of moral (non-pecuniary) damage; presumption of the guilt of a causer of moral (non-pecuniary) damage.

According to the results of the conducted research, the authors have made conclusions.
Civil-legal control in the law of Ukraine
Authors: Parasiuk M.V.
Published: June 2023

Based on the current legislation, the article examines the theoretical foundations of civil-legal control in the law of Ukraine using general scientific methods of knowledge, such as systematic, complex and comparative analysis, methods of typology and classification, historical-legal, formal-legal, comparative jurisprudence. With the help of an interdisciplinary method, the general concept of control examined through the legal category of subjective law, which reveals the essence of control regardless of the scope of control processes. This position determined by the fact that control consists in restraining and directing free actions carried out by participants in social relations. Considered usually as a management function, control in the field of civil legal relations, like any other category analyzed from private legal positions, acquires a number of features characteristic of civil law institutions. The essence of control in the civil law sense is the ability of the subject of civil relations to influence contractual activity. It is noted that civil legal control is based on a set of subjective rights of a participant in civil legal relations. Civil-law control plays a special, dual role in the structure of contractual relations, being its object and constituting at the same time the content of civil legal relations, expressed in the set of basic and derivative rights arising from the fact of participation in contractual relations of an organizational and property nature. The specified classification makes it possible to clarify the terminology of civil law in this area and to operate with universal categories during the analysis of the specifics of the manifestation of civil-law control, which makes it possible to reach a higher level of generalization. As part of considering the issue of legal forms of the dynamics of civil-legal control, those forms that mediate the movement, change of existing civil relations and the emergence of new ones, i.e. implementation and protection of civil-legal control, are highlighted. The obtained research results make it possible to form legal foundations in the field of civil-law regulation of control for further improvement of civil legislation.
The features of the reform of bankruptcy legislation during the marital law period
Authors: Shvydka Т. , Ostapenko J.
Published: June 2023

The article is devoted to consideration of the issue of improvement and amendments to the legislation on bankruptcy during the period of martial law. It is emphasized that the economic and legal institution of bankruptcy is an integral element of the market economy, which regulates relations related to the elimination or restoration of the solvency of enterprises. It was emphasized that today our state lives and works under martial law, and therefore, the activities of many business entities have become difficult or even impossible, some of them are on the verge of bankruptcy. Based on this, the urgent need and demand of the time is to introduce changes to the legislation in order to preserve the economic situation in the country and ensure the further functioning of the national economy.

The article considers the main functions and mechanisms of the bankruptcy institute. It was established that bankruptcy in a market economy performs two functions: removing inefficient business entities from the market and giving such entities a chance to revive and improve their activities in the market in the event of only temporary financial difficulties.

It has been proven that the direction of the settlement of insolvency (bankruptcy) relations in Ukraine changed its vector during the evolution of bankruptcy legislation from a pro-debtor to a pro-creditor system, however, the main goal of the bankruptcy institute remains the regulation of insolvency relations and the protection of the market from inefficient business entities, enabling entities economic entities that are at risk of not being able to pay their debts to creditors, to apply "wellness" methods.

The proposals outlined in the draft laws submitted for consideration by the Verkhovna Rada of Ukraine were analyzed. Deficiencies that should be eliminated are indicated.
The institution of private property in the U.S. political and legal system of environmental protection
Authors: Mytoshop V.V.
Published: June 2023

The article is devoted to the study of the place of the institution of private property in the U.S. political and legal system of environmental protection. The institution of private property, having undergone a long evolutionary process, was crystallized in Roman law as «plena in re potestas» – the absolute power of the owner of a thing to do what he/she likes with it. Going through the next stages of legal and historical development, the institution received the conceptually new understanding during the 17th–18th centuries in the countries united under the general term «western civilization» which established the interrelation between natural law and positivist doctrines under the influence of active spread of humanistic ideas of the Enlightenment. The institution of private property became an integral part of the natural human rights, a guarantee of people`s liberties. In addition, this institution began to be considered, from the moral point of view, as one that forms a special attitude of the owner to his property, implies a thrifty and careful attitude towards it. As a result, private property was deemed a fundamental postulate used by the founding fathers of the United States of America during the creation of the country's Constitution, which continues to execute an extremely important role in the life of American society and activities of public authorities, which is especially evident in ensuring the functioning of the environmental protection system as well as the formation and implementation of the U.S. environmental policy. In this regard, it is relevant to study the positive experience of the United States of America with a view to its application in Ukraine.

Considering the special interrelation between nature use and private property, which can be traced back to the colonial period of the birth of American statehood, it is not surprising that it was established not only at the legislative level in the form of the constitutional human right protected and guaranteed by law, but also reflected on the level of the mentality of American society. As a result, private property and its owner are the basis of the U.S. environmental protection system, which is reflected in the positive results of state environmental policy based on the promotion of alternative private legal regimes of natural resource management.
Problems of legal security of lands restoration of the nature reserve fund
Authors: Lisova T.V.
Published: June 2023

The article is devoted to the problem of legal support for the restoration of lands of the nature reserve fund. The article emphasizes that only certain aspects of the legal protection of the lands of the nature reserve fund are highlighted in the scientific works, and there is actually no comprehensive analysis of the features of the restoration of the lands of this category.The article presents the author's position regarding the relationship between the concepts: «legal regime» and «protected regime». The point of view of scientists regarding the specified concepts was studied. It is emphasized that the special regime of territories and objects of the nature reserve fund applies to all lands and land plots located within such territories and objects, regardless of their form of ownership and purpose.Emphasis is placed on restrictions on the use of land in the territories and objects of the nature reserve fund. It was emphasized that an urgent problem, in addition to ensuring the restoration of lands of this category, remains the improvement of the effectiveness of their legal protection. It is indicated that there is an increase in cases of non-targeted use of the territories of the objects of the nature reserve fund, which leads to a significant deterioration of the quality of the lands of this category.Peculiarities of the application of the ecosystem approach in the restoration of the lands of all objects of the nature reserve fund have been studied. The legislative norms aimed at regulating relations of conservation and restoration of ecosystems, regarding the introduction of the ecosystem approach, were analyzed. The peculiarities of land restoration of the nature reserve fund and the impact of land restoration measures on the preservation and reproduction of natural complexes have been studied and substantiated.The peculiarities of the established restrictions on the implementation of economic and other activities on the territory of the objects of the nature reserve fund have been analyzed. It was emphasized that the objects of the nature reserve fund have different legal regimes.
Proportionality and non-oneness of confiscation for customs violations
Authors: Lipynskyi V.
Published: June 2023

The article argues that the legal basis for confiscation, contrary to general principles of law, international recommendations on customs administration and the experience of the most developed countries in the relevant part, does not ensure the proportionality of this administrative penalty and the possibility of its replacement on conditions both acceptable to the offender and being in the best interests of the state. According to the author, given the scale and irreversibility of the consequences of confiscation of the property of the offender, unconditional and unalterable imposition of this administrative penalty for customs rules violations, regardless of its circumstances, its severity and degree of guilt of an offender, is unfair and incompatible with the rule of law. In view of this, the interpretation of the provisions of the customs legislation on confiscation for customs rules violation for purposes of efficient law enforcement should be interpreted in a way that allows to adapt this administrative penalty to all the circumstances of the case to the greatest extent. The optimality of this decision is supported, in particular, by the experience of the most developed countries, where it is obligatory to check the existence of aggravating and mitigating circumstances when deciding on confiscation, such as taking all possible measures to prevent its use by the owner of a specially modified or adapted vehicle, the time of the breach of customs regulations or, as an another example, the possibility of returning a specially modified or adapted vehicle to its previous condition for its intended use in accordance with the recommendations of the Convention on the simplification and harmonization of customs procedures.
Principle of Internal Independence of the Judge: Degree of Implementation in Ukraine
Authors: Savytska N.
Published: June 2023

This article is devoted to the characteristics of the legal content and the actual state of implementation of the principle of internal independence of judges in Ukraine.

It is emphasized that the importance of forming an independent judicial system is one of the most important indicators of building a truly legal system of Ukraine. After all, in a democratic legal state, only the judiciary can finally resolve a legal dispute or conflict. But it will be able to fulfill its purpose only under conditions when it is truly independent, impartial, and accessible to everyone, and the enshrining of rights and freedoms in legislative acts is unambiguous, clear, precise, systematic and accessible to everyone. Besides, no matter how perfect the legislation is, its norms become declarative if they do not have a mechanism for observing the rights and obligations provided for in them.

In Ukraine, the issue of judicial reform is extremely urgent, since the percentage of the country's population that believes in the possibility of protecting their rights and interests in court is small, and the number of unjust decisions is too significant.

It has been established that one of the most negative social phenomena that affects the administration of justice in Ukraine is systemic corruption. The next determinant is an excessive load on the courts, which leads to a deterioration in the quality of judicial proceedings, as well as lengthens the duration of cases and judgments. Other "dangerous" and risky determinants include the instability of judicial practice, the ambiguity of regulations that establish the legal basis for the administration of justice, and long delays in court hearings due to the failure of judges to provide a schedule for consideration of court cases.

The author's definition of the principle of internal independence of a judge is given, which is the ability of judges to perform their duties properly, in particular to independently and impartially decide each case on its merits, without influence or undue control by the head of the court, other judges, employees of the court apparatus and participants in the court proceedings. Process.
Advocate in the system of free legal aid: organizational and legal basis of interaction
Authors: Tsymbalyuk V.
Published: June 2023

The article is devoted to the study of the organizational and legal foundations of the interaction of advocates and the system of free legal aid. It has been established that the provision of free secondary legal aid to a certain category of persons is a constitutional guarantee and a positive obligation of the state, which is implemented thanks to the system of free legal aid and to a large extent the involvement of lawyers in it, who are one of the subjects authorized to provide various types legal services. The views of scientists and practitioners on the issue of the monopoly of providing professional legal assistance by lawyers are analyzed. The author supported the arguments in her favor.

Particular attention is paid to the statistical indicators of the provision of free secondary legal assistance by advocates, which demonstrate the importance of the latter's work in the system of free legal assistance and their demand. It was determined that the organizational aspects of the cooperation of advocates with the system of free legal aid are, firstly, the selection of lawyers, secondly, the distribution of cases, thirdly, the payment of fees, and fourthly, the control over the quality of their work.

The features of the competitive selection of lawyers for the system of free legal aid are analyzed. The thesis that they are formalized can be refuted by clear criteria according to which advocates can provide free legal aid, because without them it is impossible to hold a competition. At the same time, the selection of advocates for the system of free legal aid should be as transparent as possible. Another problem is the distribution of cases between advocates, which can be solved by improving the information and analytical system of free legal aid, which will provide for an automated procedure for the distribution of cases. The following two organizational aspects of the interaction of advocates and the system of free legal aid are called remuneration of lawyers and control over the quality of their work. Attention is focused on the debt problem that arose before advocates during the martial law period and the importance of its solution.
Specificity of judicial discretion in the administrative-jurisdictional process
Authors: Shveda B.
Published: June 2023

The article examines the specifics of judicial discretion in the administrative-jurisdictional process based on a complex systematic analysis from the standpoint of the modern understanding of administrative law with the use of general scientific and special methods of learning legal phenomena. Current administrative legislation distinguishes the administrative process in the resolution of administrative disputes, in proceedings in cases of administrative offenses and disciplinary proceedings, in the implementation of positive administrative procedures of a permit, registration and other nature. The administrative-jurisdictional process considered in a broad and narrow sense. Administrative-jurisdictional activity is social relations regulated by the norms of administrative-procedural law that arise within the scope of resolving a legal dispute (conflict) during the consideration of a case on an administrative offense, disputes of a public legal nature between individuals and legal entities and public authorities regarding the consideration citizens’ complaints, disciplinary proceedings, proceedings in connection with the application of measures of administrative coercion, in particular administrative warning and administrative termination. With regard to proceedings in the administrative-jurisdictional process, judicial discretion is the right and duty of the judge to freely choose one of several decisions regarding a specific case enshrined in the provisions of the Code of Administrative Procedure of Ukraine, the Economic Procedural Code of Ukraine, the Civil Procedure Code of Ukraine, based on worldview, professional experience and conviction, which is carried out in a procedural form for the benefit of the person, society and the state. In administrative-jurisdictional proceedings, discretion is exercised based on material norms, which act as a means of forming the legal basis for the actual occurrence of judicial discretion; consolidation of judicial discretion in normative acts; direct exercise of judicial discretion; implemented through procedural norms aimed at identifying the relationship protected by administrative and legal norms.
The right to evidence in proceedings of constitutional control
Authors: Huralenko N. , Melenko O.
Published: June 2023

The fundamental right to evidence is defined within what we understand by Due Process of Law, which is the right of every person to carry out any process subject to certain minimum guarantees that ensure a fair result. An essential element is the right to evidence, since there would be no due process of law if the person did not allow his evidence to be admitted into the proceedings, or that, by admitting it, it was not valued. Being constitutional procedural law, a recent discipline that is still in the process of formation, the following concept of evidence is proposed in this connection: They are reasons, arguments, tools or means, mainly of a procedural nature, aimed at checking compliance or not with the Constitution. In this sense, it is not only about ensuring the supremacy and integrity of the political charter, but also about guaranteeing the protection of basic constitutional rights. That is, we mean the processes of abstract and concrete control of constitutionality. When the review of constitutionality is abstract, it is important to determine the defect of unconstitutionality, because if it has a material or substantial content, then the examination conducted by the judge is purely legal, therefore, as a general rule, it does not require the taking of evidence and therefore the evidentiary period is irrelevant; in fact, it is a comparison between the required norm and the Constitution to see if there is a contradiction of issues, a conflict of substance. But, if the defect has a formal or procedural content, it is important to resort to the appropriate means of proof, to determine them; It is recalled that, since the legislative procedure is somewhat complicated, (such defects) regularly arise in the process of drafting bills or legislative acts or in violation of the procedural norms provided for by the Constitution. As for the concept of proof, it is recalled that the concretization of evidence is nothing more than proving the presence or absence of certain facts that are asserted (the act of proving), which follows from these judgments, motives or reasons that convince the judge (certainty), using mechanisms or means provided by the legal system (means of proof).
International principles of combating the illegal use for profit of humanitarian aid, charitable donations, or free aid
Authors: Shapovalova N.
Published: June 2023

The article is devoted to an extremely relevant topic - the characteristics of the international principles of combating the illegal use for profit of humanitarian aid, charitable donations, or free aid. It has been proven that much of international humanitarian assistance is based on the premise that armed conflict will inevitably resume, but that all parties involved can take steps to minimize the hardships faced by civilians caught in the chaos. Nevertheless, the parties involved in the conflicts constantly do not fulfill their demands. The International Court of Justice has repeatedly noted that the right to humanitarian assistance is the core of ergo omnes obligations.

The article establishes that the legal mechanisms, the current jurisdictional mechanisms for the international protection of the right to humanitarian aid, require significant time costs and the consent of the state to provide it with humanitarian aid. Political mechanisms are particularly effective in resolving disputes of this type because they are more flexible and can be used to combat the behavior of non-state parties. After all, a significant negative factor during an active armed conflict is that a person's right to humanitarian aid mainly depends on the political will of states to use the means available at their disposal to ensure implementation and execution. It turns out that the procedure for considering interstate complaints regarding the violation of the right to humanitarian assistance involves a long process, as well as the complete exhaustion of national remedies. Transferring a case to the European Court of Human Rights is also a long-term process that does not provide for temporary procedures for settling the situation. In such a case, the role of the courts is not preventive and cannot contribute to the prevention of violations of the right to humanitarian assistance. In addition, if judicial protection is always evaluated as a traditional way of protecting violated rights, then there are also alternative ones, for example, a monitoring procedure that focuses on the analysis of "situations" in which human rights are violated, considering the frequency of violations over time, and not the number of victims. This makes it possible to identify even individual violations of human rights.
Legal regulation of the principle of proportionality in criminal proceedings under martial law
Authors: Loskutov Т.
Published: June 2023

The article examines the legal regulation of the principle of proportionality in criminal proceedings under martial law. During the statement of the problem, it is noted that restrictions on human rights and freedoms during martial law must be commensurate with the specific situation of danger and the need to carry out effective criminal proceedings. In the course of disclosing the state of development of the relevant issues, it is noted that despite the fact that scientists paid attention to some aspects of the proportionality of the limitation of human rights and freedoms in the criminal process, there are currently separate problems of legal regulation of the principle of proportionality in criminal proceedings under martial law. During the presentation of the main material, it is indicated that the principle of proportionality should be used in every case of possible limitation of the fundamental right of a person in criminal proceedings. It is emphasized that the recognition of the principle of proportionality at the legislative level will protect against possible regulatory gaps regarding the requirement of proportionate restriction of human rights in criminal proceedings. Attention is focused on the fact that the normalized general principle of proportionality should apply to all circumstances of excessive procedural interference with the rights of a person, which cannot be comprehensively predicted objectively in the legislative prescriptions. It is emphasized that in criminal proceedings under martial law, in addition to the general principle of proportionality, a special principle of proportionality must be observed, which is related to the need to take into account the severity of the combat situation during the implementation of criminal procedural activities and ensure the rights of participants in criminal proceedings. It is concluded that the special principle of proportionality should be regulated in such a way as to potentially apply to all possible situations of criminal proceedings during martial law. It is determined that criminal procedural law must "require" that a special principle of proportionality be assessed in relation to each case of departure from the general procedure of criminal procedure. It is concluded that by applying the special principle of proportionality, the proportionality between the state (public) interest, enhanced by the "security" component, and the private interest is determined.
Features of search tactics during the investigation of obstruction of the legitimate professional activities of journalists
Authors: Matsola A. , Chernychenko І.
Published: June 2023

The scientific article, based on the analysis of the opinions of forensic scientists, the provisions of the current criminal procedural legislation and the practice of its application. It substantiates the practical significance of highlighting the peculiarities of the search tactics during the investigation of interference the legitimate professional activity of journalists. The main task of the search is the extraction of individual traces and other objects that have significance in criminal proceedings. Depending on the object of the search, the following variants are distinguished:house search; search of other possessions; search of the person.

The authors of the article set the goal of highlighting the peculiarities of the search tactics during the investigation of interference the legitimate professional activity of a journalist.

Еmphasized on the importance of conducting a personal search at the initial stage of the investigation, the object of which is a person's body and clothes.

Peculiarities of extraction during the search of computer objects were studied. It is noted that before starting the search, it is necessary to take measures to prevent possible damage or destruction of information. To do this, it is necessary to ensure the continuous power supply of computer equipment before and during the search, remove unauthorized persons from the premises in which the search is being carried out. It is also important to take measures so that unauthorized persons cannot send any commands to the computer system in which information is searched. Emphasized that in view of the technical features of starting, stopping and functioning of computer equipment, the suspect's access to it should be limited during the search.

It was concluded that the main tasks of conducting a search during the investigation of criminal offenses provided for by Art. 171 of the Criminal Code of Ukraine, are: establishing the location of wanted persons; finding tools of a criminal offense, other things and documents relevant to criminal proceedings, in particular computer devices, computer media, individual files stored in them and other computer objects.