bluuebunny/crossref_metadata_2025 huggingface dataset:
Resistance of potato cultivars and hybrid clones from the VIR collection to the northwestern population of Phytophthora infestans
Authors: Zoteyeva N. M. , Kosareva O. S. , Rogozina E. V. , Chalaya N. A.
Published: July 2024

Background. Phytophthora infestans (Mont.) de Bary is a well-known pathogen affecting potato plants. Due to the changes in the pathogen population, the late blight disease caused by P. infestans is still difficult to manage. Economic losses are caused by the susceptibility of potato foliage or tubers to late blight, and both expressions of susceptibility are often not interconnected. Potato cultivars resistant to P. infestans are still too few to ensure reduction of harvest losses.

   Material and methods. In total, 682 potato cultivars and 20 hybrid clones from the VIR collection were screened in field and laboratory tests. They were assessed by conventional techniques. A score scale of 1–9 points was used both in the field and the laboratory, with 9 corresponding to disease resistance.

   Results. The results showed high infection pressure in the field during all four growing seasons of the experiment. The degrees of damage on the foliage varied from 1 to 8 points. The percentage of cultivars with strongly damaged foliage ranged from 55 % in 2020 to 66 % in 2023. From 17 % to 23 % of cultivars were assessed as moderately susceptible. The fact that many cultivars of various origin manifested compatibility with the local population of P. infestans during four growing seasons confirms its high and stable pathogenicity. Cultivars with high (points 7–8) or moderate (point 6) resistance were identified across the four years of testing. The part of the cultivars recognized as resistant earlier in 2017–2019 appeared to be moderately resistant or moderately susceptible in 2020–2023. Laboratory tests succeeded to identify genotypes with tuber resistance to late blight.
Resistance of European plum to fungal diseases in the foothill zone of Adygea
Authors: Sherstobitov V. V. , Kolesova M. A.
Published: July 2024

Background. European plum (Prunus domestica L.) is a widespread stone fruit crop in Krasnodar Territory and Adygea. Development of fungal diseases, including brown rot, shot hole, red leaf spot, and rust, leads to a significant decrease in the harvest and marketable quality of P. domestica fruits. Therefore, breeding for resistance to these diseases is very important for planting highly productive European plum orchards. The objective of this study was to identify P. domestica cultivars resistant to four fungal diseases under the conditions of the foothill zone of Adygea.

   Materials and methods. The research material included 25 P. domestica cultivars from the collection orchard of Maikop Experiment Station of VIR. Resistance to fungal diseases was assessed in 2011–2022 using a conventional scale.

   Results and conclusions. Weather and climate conditions during the flowering, fruit growth and ripening periods of European plum affected the degree of damage inflicted by fungal diseases. Many years of testing resulted in identifying P. domestica cultivars with different scores of resistance to brown rot, shot hole, and rust. Ten P. domestica cultivars were characterized by group resistance to the abovementioned diseases: ‘Anna Shpet’ (k-3325), ‘Vengerka Rannyaya’ (k-3459), ‘Vengerka Italyanskaya’ (k-3444), ‘Musa Dzhaliev’ (k-26994), ‘Vengerka Vkusnaya’ (k-43323), ‘Persikovaya Michurina’ (k-30706), ‘Chernosliv Adygeyskiy’ (k-23743), ‘Chernosliv Shuntukskiy’ (k-23707), ‘Yekaterina’ (yellow) (k-3520), and ‘Vasсova’ (k-27639). They can be recommended to plum breeders for the development of P. domestica cultivars with group resistance to fungal diseases in the foothill zone of Adygea.
Contribution of Dr. Vladimir A. Koshkin to the development of plant physiology at VIR
Authors: Rigin B. V. , Loskutov I. G. , Matvienko I. I. , Shchedrina Z. A. , Abdullaev R. A. , Zuev E. V. , Radchenko E. E.
Published: July 2024

Vladimir Aleksandrovich Koshkin was a prominent representative of the school of plant physiologists at the N.I. Vavilov All-Russian Institute of Plant Genetic Resources (VIR). He introduced his ideas on the mechanisms of photosynthesis intensity as well as the distribution of photoperiod sensitivity and the rate of development among plant species diversity. He was the first to examine in detail and disclose the relationship between the carbon dioxide compensation point and leaf temperature in C3 and C4 plants. According to Dr. Koshkin, there was no change in the sign of the photoperiodic reaction in the generic evolution of Triticum L. and Aegilops L., while the spring forms of bread and durum wheat widespread in the equatorial zone demonstrated weak photoperiod sensitivity. In his work with the resource departments of VIR, Dr. Koshkin was interested in plant breeding problems in the context of developing earlier-ripening cereal cultivars with a certain reaction to the photoperiod. His joint research projects with a number of breeding centers in Russia on this problem proved effective. He participated in collecting missions in Latin American countries (Cuba, Mexico, Colombia, and Brazil) and was awarded a Timiryazev Gold Medal. Dr. Koshkin was the author of 163 scientific publications and had about 20 certificates of authorship and patents for inventions, crop cultivars and lines. Dr. Vladimir Koshkin was quick to perceive the essence of any problem and used adequate modern methods to set up and analyze high-precision experiments.
Nutrient composition in berries of promising cultivars and elite seedlings of Ribes L.
Authors: Akimov M. Yu. , Zhbanova E. V. , Zhidekhina T. V. , Mironov A. M. , Rodyukova O. S.
Published: July 2024

Background. Black and red currant berries are high-vitamin dietary products and important raw materials for healthy food production.

   Materials and methods. Berries collected from promising cultivars and elite seedlings of black and red currant from the genetic collection of the I.V. Michurin Federal Science Center were analyzed. Chemical composition and total antioxidants were assessed in 2017–2022 with analytical instruments at the Biochemistry and Food Technology Laboratory according to standardtechniques.

   Results and discussion. Berries of the studied black currant genotypes accumulated 16.3 % Brix of soluble solids, 10.0 % of sugars, 2.47 % of organic acids, 117.3 mg/100 g of vitamin C, and 201.4 mg/100 g of anthocyanins. Black currant cv. ‘Aksinya’ was the best in chemical composition (the long-term average sugar content was 13.3 %, organic acids amounted to 1.97 %, vitamin C to 156.7 mg/100 g, and anthocyanins to 257.4 mg/100 g) and manifested high antioxidant properties (92.4 mg/100 g of gallic acid). Red currant berries contained 12.0 % Brix of soluble solids, 7.7 % of sugars, 1.69 % of organic acids, 34.0 mg/100 g of vitamin C, and 57.3 mg/100 g of anthocyanins. Red currant cv. ‘Gazel’ and elite seedling 30-7-58 were identified for more than 40 mg/100 g of vitamin C in their berries, while elite seedling 27-13-42 had the highest amount of anthocyanins (above 100 mg/100 g) and high antioxidant properties (45.7 mg/100 g of gallic acid). The identified sources are recommended for fresh consumption, functional food production, and further breeding efforts.
Studying regenerated soybean lines for their useful agronomic and biochemical characteristics
Authors: Butovets E. S. , Lukyanchuk L. M. , Kodirova G. A. , Kubankova G. V. , Efremova O. S.
Published: July 2024

Background. The effect of heavy metal ions can cause ionic stress in plants – the problem of significant interest among researchers. This study was dedicated to the evaluation of genetically modified regenerated soybean lines obtained on nutrient media with heavy metal ions as a mutagenic factor.

   Materials and methods. Genetically modified regenerated soybean lines were tested at the Agricultural Biotechnology Laboratory and Soybean Breeding Laboratory, Federal Scientific Center of Agricultural Biotechnology of the Far East named after A. K. Chaika, and at the Agricultural Product Processing Laboratory, All-Russian Research Institute of Soybean.

   Object of the study. Fifteen regenerated soybean lines and source cultivars (‘Primorskaya 13’, ‘Primorskaya 301’, ‘Primorskaya 81’, and ‘Hodson’) served as the research material.

   Results. Soybean accessions promising for further breeding were selected on the basis of their useful agronomic traits, grain quality, and resistance to fungal diseases. Accessions R 1490 (0.41 kg/m2) and R 1606 (0.38 kg/m2) were identified for having the highest yield in the experiment. Accessions R 1568 (1000 seed weight was 200.0 g) and R 1609 (190.2 g) had the largest seeds. Accessions R 1584, R 1568 and R 1606 manifested complex resistance to fungal diseases under natural conditions, while accession R 1490 was the most resistant under artificial infection pressure. The experiment resulted in selecting a group of lines regenerated from cv. ‘Hodson’ with high content of protein, histidine, valine, methionine, and cysteine. Accessions R 1605 and R 1609 demonstrated the highest oil content. The study revealed changes in the proportions of unsaturated fatty acids С18:2/С18:1 in all regenerant groups.
Some anatomical, morphological and physiological features of the flag leaf in introgressive bread wheat lines with Aegilops columnaris Zhuk. genetic material
Authors: Dashtoian Iu. V. , Kalinina A. V.
Published: July 2024

Background. A study of morphological, anatomical and physiological parameters of plants obtained as a result of introgressive breeding is important for assessing the prospects of their further use.

   Materials and methods. Spring bread wheat plants of cv. ‘Dobrynya’ and a set of introgressive wheat lines with Аegilops columnaris Zhuk. genetic material were studied. The area of flag leaves was measured. Preparations of macerated leaf tissue were used to analyze mesophyll parameters. Spectrophotometric techniques were applied to determine the composition of photosynthetic pigments in the flag leaf.

   Results and conclusion. A negative effect of substitutions of chromosomes 2A, 5B, 6A and 6D for chromosomes of the U and X genomes on the size of the flag leaf area was disclosed. There were no significant differences in cell shape and size among the lines and in comparison with the recipient cultivar. Changes in the content of pigments in flag leaf laminae have been recorded. Increased content of all groups of pigments was observed in the lines containing substitutions 6A(6G), 6B(6X) and 5B(5X)6A(6X). Substitution 2A(2U) led to a decrease in the level of chlorophyll, the ratio of chlorophyll a to b, and the ratio of chlorophyll to carotenoids.
Responses of grapevine genotypes to abiotic stress
Authors: Nilov N. G. , Ryff I. I. , Berezovskaya S. P. , Stamatidi V. Yu. , Popova M. S. , Volynkin V. A. , Llikhovskoi V. V.
Published: July 2024

Background. Salt stress reduces water supply and causes ionic imbalance in the plant, eventually leading to a decrease in plant growth, functional activity, and productivity. Variable salinity levels in the field make it difficult to select salt-tolerant cultivars, so a need for other testing methods arises.

   Materials and methods. The plant material consisted of two own-rooted Vitis vinifera (L.) genotypes: cv. ‘Asma’, and hybrid M. No. 8-08-8-4 (‘Kok Pandas’ × ‘Zeibel 6357’). Salt stress was simulated by treating with NaCl at 0, 50, 80, 100, and 120 mM concentrations. Water status was measured by the leaf water potential (Ψ) using a pressure chamber. Changes in the leaf areaand total root length were assessed in vitro.

   Results. Salt stress affected growth characteristics and yield structure of both own-rooted vines, but hybrid M. No. 8-08-8-4 was more sensitive. The hybrid showed greater yield reduction (38.6 %) than cv. ‘Asma’ (28.4 %), while the mass concentration of sugars was higher in ‘Asma’. The greatest differences in the predawn leaf water potential were observed for ‘Asma’ and M. No. 8-08-8-4 on the 45th day of irrigation with water containing different NaCl concentrations. The root length of the more salt-tolerant cultivar reduced in vitro to a greater extent.

   Conclusion. The functional abilities of a cultivar depend on the level of salinization and the genotype. Cv. ‘Asma’ demonstrated higher salt tolerance compared to hybrid M. No. 8-08-8-4. Leaf water potentials characterizing the water status of plants were measured. The responses to salinization were the same in the vines grown in vivo and in vitro, so it is possible to perform testing for salt tolerance in vitro.
Landraces of durum wheat (Triticum durum Desf.) in the VIR collection
Authors: Lyapunova O. A.
Published: July 2024

The collection of the N.I. Vavilov All-Russian Institute of Plant Genetic Resources (VIR) harbors 3,633 accessions of durum wheat landraces from 49 countries. This is a unique heritage, currently neither cultivated in the places of its origin nor found in any collection over the world. This review explores the history of the collection of landraces, its structure, and diversity of the preserved genotypes. Descriptions of landraces from different countries and examples of their successful utilization in breeding practice are presented. Special attention is paid to the collection of Russian landraces. Today, the problem of utilizing obsolete local cultivars is relevant in the context of the shrinking diversity of modern cultivars and genetic erosion of the source material for breeding. Innovative methods based on the use of molecular markers demonstrate new trends in the study and utilization of landraces in different regions.
Seedling resistance of winter and spring bread wheat cultivars to Pyrenophora tritici-repentis
Authors: Mironenko N. V. , Kovalenko N. M. , Baranova O. A. , Khakimova A. G. , Mitrofanova O. P.
Published: July 2024

Background. The fungus causing tan spot on wheat leaves, Pyrenophora tritici-repentis (Ptr), continues to expand its range and inflict severe damage to the crop. Development of resistant cultivars remains the most effective and environmentally friendly way of disease control.

   The objective was to characterize modern domestic cultivars of bread wheat (Triticum aestivum L.) according to their seedling resistance to geographically different Ptr populations, identify sources of Ptr resistance, locate the presence of dominant Tsn1 alleles in cultivars, and assess their relationship with Ptr susceptibility.

   Materials and methods. Ptr resistance was assessed in 76 winter bread wheat cultivars from the VIR collection, and 4 winter and 43 spring bread wheat cultivars from the Volga region. Isolates from the Krasnodar, Tambov, Tatarstan and Altai Ptr populations (2022) served as the inoculum. Dominant Tsn1 alleles were identified by PCR using the Xfcp623 marker.

   Results. Bread wheat cultivars were characterized for the type of response in the leaves of their seedlings to isolates from Ptr populations and the presence/absence of dominant Tsn1 alleles. Resistance to isolates from two or three Ptr populations was observed in 11 winter and 13 spring cultivars. Differences between winter and spring forms in their resistance levels wereshown. Dominant Tsn1 alleles were identified in 26 cultivars. No statistically significant association was found between the presence/absence of dominant Tsn1 alleles and the manifestation of resistance/susceptibility to Ptr.

   Conclusion. The disclosed diversity of bread wheat cultivars in their responses to the infection with isolates of different Ptr populations may be due to their differences in the alleles of Ptr resistance/susceptibility genes as well as the presence of still unknown effector genes in the pathogen’s genome. Cultivars resistant to two or three Ptr populations can be used by breeders as sources of seedling resistance.
УТВОРЕННЯ УПА ЯК ПРОЯВ ПРАВА УКРАЇНСЬКОГО НАРОДУ НА САМОВИЗНАЧЕННЯ ТА НАЙБІЛЬШИЙ БІЙ В ЇЇ ІСТОРІЇ
Authors: Tyshchyk Borys ,   Львівський національний університет імені Івана Франка, Kishko Anna
Published: July 2024

The article is devoted to the study of historical and legal aspects of realization of the right of the Ukrainian people to self-determination in the context of formation and activity of the Ukrainian Insurgent Army (UPA), state and legal views of its leaders. The right of a nation to self-determination is considered as one of the basic principles of modern international law, which nowadays is confirmed by a number of international legal treaties, such as: the UN Charter (1945), the International Covenant on Economic, Social and Cultural Rights (1966), the International Covenant on Civil and Political Rights (1966), the Covenants of 1966, the Declaration on the Principles of International Law of 1970, the documents of the Conference on Security and Cooperation in Europe (1975), the Vienna Declaration of 1986, the documents of the Copenhagen Meeting, the Conference on the Human Dimension of the OSCE of 1990, UN General Assembly Resolution «Universal realization of the right of peoples to selfdetermination» (1994) and other important international legal acts. The issues and peculiarities of the realization of the right of the Ukrainian people to selfdetermination are considered, taking into account its modern understanding as «the sovereign right of the nation, regardless of its size, level of development and other characteristics, to free separation from other peoples and the formation of its own sovereign state; the right of a nation to decide its own destiny, to determine the form of statehood, to be part of another state». The transition of departments of the Ukrainian insurgent army to large-scale operations in 1943. A historical and legal assessment of the so-called «Battle of Hurby» – the largest and longest UPA battle against the NKVD – is provided. Keywords: the nation's right to self-determination, the history of Ukrainian law, international law, the Ukrainian Insurgent Army, Battle of Hurby.
ОБМЕЖЕННЯ ПРАВА НА УЧАСТЬ В УПРАВЛІННІ ГОСПОДАРСЬКИМ ТОВАРИСТВОМ
Authors: Romanenko Volodymyr ,   Львівський національний університет імені Івана Франка
Published: July 2024

The legal concept of «limitation of the right to participate in the management of a company» should be understood as narrowing the scope of such a right, imposing additional rules that impede its realization. The Constitutional Court of Ukraine states that such limitations are allowed in exceptional cases for the purposes of social necessity, solely on the basis of law and in compliance with the principles of justice, proportionality. The examples of legitimate limitation of the right to participate in the management of a company are the following: a joint-stock company’s preferred shareholder having voting rights only on a few topics that directly affect the legal status of preferred shareholders; the National Bank of Ukraine imposing a temporary suspension of the right to vote at the general meeting of bank shareholders on violators of banking and currency legislation, etc; the deprivation of the voting rights of a company’s shareholder during the general meeting deciding on issues related to the execution of a transaction with them or a dispute between them and the company. The limitations of the right to participate in the management of a company in all these situations are necessary, proportionate and just, given the purpose of their application and the measures taken to prevent violations of this right. On the other hand, the legislative provision that obliged shareholders of companies where the state was a shareholder to pay dividends to the budget even despite the decision of the general meeting not to pay dividends, is an example of an unlawful limitation of the right to participate in the management of a company. The Constitutional Court of Ukraine recognized this regulation as discriminatory due to the privileged position of the state and the lack of a legal possibility to direct part of the net profit in favor of other participants in case of failure to make a decision on dividend accrual. It is also worth noting that limited partners in a limited partnership do not have the right to participate in the management of the partnership at all, and not just the limited right, as it is often written in the scientific literature. Despite the similarity of the situation with preferred stock shareholders, there is a difference in the ratio of responsibility of the participants of the respective entities, which leads to different legislative regulation of the right to participate in the management of the entity for preferred shareholders and limited partners. Legal entities, that are under the control of a joint-stock company and hold shares in such a company at the same time, are also not entitled to participate in the company’s management at all. Keywords: shareholder rights; joint-stock company; general partnership; limited partnership; temporary suspension of voting rights.
ОНОВЛЕНИЙ ЗАКОН «ПРО РЕКЛАМУ»: КРОК ДО ЄВРОІНТЕГРАЦІЇ
Authors: Samahalska Yustyna ,   Львівський національний університет імені Івана Франка
Published: July 2024

For the realization of European integration aspirations Ukraine has got an obligation to reform media legislation, and advertising legislation is a part of it. By taking this step, Ukraine not only harmonized its national legislation with EU legislation, but also upgraded with the modern realities of its advertising market. Consequently, Ukraine adopted a new Law «On Media» and made essential changes to the Law «On Advertising», which correspond to Audiovisual Media Services Directive. The new terminology and key changes of the renewed Law of Ukraine «On Advertising» are described in this article. Special attention is paid to social advertising and to state advertising, which is still unknown for the current legislation and legal doctrine in Ukraine. The research of the practice of using state advertising in certain EU countries allowed to make a conclusion about the necessity of introducing this concept into the national advertising legislation of Ukraine. The introduction of such norm to the Law on state advertising would help to identify it and define the criteria for its transparent distribution. The article also highlights the legal regulation of product placement, which shall provide an opportunity to ensure more transparency in the national advertising market and to protect consumers' rights. Moreover, positive changes of the Law are to include the criteria by which advertising is considered to be distributed and consumed on the territory of Ukraine, to ban on the residents of the aggressor state advertising, hate speech and hostility, spam and using or imitating images of state symbols if such use or imitation promotes disrespect for them or misleads consumers. The new regulation should encourage advertisers to choose more carefully the website to place their ads. The article gives positive characteristics of the renewed Law and points to the necessity for further research on advertising legislation, in particular, on the adopted codes (rules) for creating and distributing advertising. Keywords: advertising, audiovisual commercial communication, product placement, social advertising, state advertising
ПЕРЕДАЧА АКТИВІВ ТА ЗОБОВ’ЯЗАНЬ ЯК ІНСТРУМЕНТ ВИВЕДЕННЯ НЕПЛАТОСПРОМОЖНОГО БАНКУ З РИНКУ
Authors: Yashchenko Kateryna ,   Національний університет «Києво-Могилянська академія»,
Published: July 2024

The article provides for an overview of the transfer of assets and liabilities as a bank failure management tool. The article describes the main prerequisites for the successful application of the tool such as well-defined powers of the resolution authorities to make transfers of assets and liabilities of the failed banks to solvent third parties and to make reverse transfers, requirements towards the acquiring institutions, and types of transactions depending on assets and liabilities that are being transferred. In cases where an acquiring institution receives more liabilities than would be proportional to the amount assets, the financial assistance should be provided. Such assistance may be provided at the expense of the deposit insurance system. At the same time, additional solutions (a possibility of the resolution authority to conclude loss sharing agreements, a credit line from the government) are required in systemic cases. In addition, a quick and efficient procedure for transferring assets and liabilities is necessary in order to preserve the value of assets and ensure the continuity of banking services. For Ukraine, it is recommended to introduce loss sharing agreements at the level of the law, to specify powers of the Deposit Guarantee Fund and to revise the procedure for transferring assets and liabilities in order to optimize and improve its efficiency. Keywords: Deposit Guarantee Fund, National Bank of Ukraine, replacement of a debtor in obligation, assignment of a claim, сreditor.
INTERACTION OF THE COURTS OF UKRAINE AND THE CONSTITUTIONAL COURT IN THE APPLICATION OF THE CONSTITUTION OF UKRAINE AS AN ACT OF DIRECT EFFECT
Authors: Holiev Oleh ,   Львівський національний університет імені Івана Франка
Published: July 2024

The article examines the peculiarities of the interaction between the ordinary courts and the Constitutional Court of Ukraine since the adoption of the Constitution of Ukraine. The author tries to establish the characteristic features of this interaction during different periods. The specificity of the constitutional transformations over the past almost 30 years allowed us to divide the development of relations between these subjects into two periods. The first – since the adoption of the Constitution of Ukraine in 1996, which for the first time in Ukraine enshrined the principle of direct effect of the Constitution and established a new system of organisation of state power on the basis of its division into legislative, executive and judicial in accordance with the principles of the rule of law, respect for human rights and constitutional democracy. This period lasted until September 30, 2016, when the reform of justice began in Ukraine, which continues to these days. Based on the results of the research, the author proposes the ways to improve the mechanism of the interaction between the ordinary courts and the Constitutional Court, which aim to ensure the effective application of the Constitution of Ukraine as an act of direct effect. Keywords: direct effect of the Constitution of Ukraine, courts of general jurisdiction, courts of the judicial system, incidental constitutional control, advisory opinions.
ВИБОРЧІ СПРАВИ, ЯКІ НАЛЕЖАТЬ ДО ЮРИСДИКЦІЇ СУДІВ УКРАЇНИ: ПОНЯТТЯ ТА ВИДИ
Authors: Chornenkyy Vitaliy ,   Львівський національний університет імені Івана Франка
Published: July 2024

Electoral cases play an important role among the court cases which, after the constitutional reform of justice in 2016, fall within the jurisdiction of Ukrainian courts. Nevertheless, as of today, electoral cases as a legal phenomenon that includes various categories of cases remain outside the attention of the scientific community. The lack of attention of the scientific community, together with the constitutional reform of justice, which has changed the national approach to the jurisdiction of courts, makes it important to study the concept and types of election cases in Ukraine. The generic concept within the framework of the proposed study, from which the author starts, is election cases. The author examines election cases that are resolved in court as a range of issues within the jurisdiction of the courts as defined by the Constitution and laws of Ukraine. The consideration of these cases is aimed at solving various tasks – from resolving a legal dispute to ensuring the inevitability of legal liability. Their goal is to ensure that citizens' electoral rights are actually guaranteed and that authorized entities properly fulfill their duties in the electoral process. The study reveals that electoral cases, depending on the type of dispute, are divided into: electoral disputes; cases related to the consideration of criminal charges against a person for committing an electoral offense; other cases, when provided for by law, namely cases of administrative electoral offenses. Therefore, a separate and independent group of electoral cases considered by the courts are cases involving criminal charges for electoral misdemeanors and crimes, as well as cases of administrative electoral offenses (misdemeanors). The latter fall under the category of «other cases» to which the Constitution allows for the extension of judicial jurisdiction in cases provided for by law. Electoral disputes in which at least one party is a subject of the electoral process, and the dispute arose due to the violation of its rights in such a process by an authority or other person constitute a type of public law dispute. The latter belong to the group of legal disputes. According to the study, the criteria for the division of electoral disputes include the object of protection, the subject composition of the electoral dispute, and the level of the elections being held. The classification of electoral disputes considered by courts, based on their subject matter, instance and territorial jurisdictions, proposed in this article, provides a better understanding of which court is authorized to consider an electoral dispute. The latter is the primary task when choosing the method of appeal (administrative or judicial) as well as drafting and filing a statement of claim with the court. Keywords: electoral disputes, electoral offense, criminal prosecution, public law dispute.
АДМІНІСТРАТИВНЕ СУДОЧИНСТВО В АВСТРІЙСЬКІЙ РЕСПУБЛІЦІ
Authors: Kobylets`kiy Mykola , Paslavsʹka Natalya
Published: July 2024

The article is devoted to the historical processes of formation and development of administrative justice in the Republic of Austria. The process of establishment of the Administrative Tribunal of Austria-Hungary 1875–1918 is covered. The jurisdiction and structure of the Administrative Tribunal of Austria-Hungary (1875–1918) are analyzed. The process of the formation of the administrative judiciary in the Republic of Austria established in November 1918 is shown. The functions and powers of the Higher Administrative Court of the Republic of Austria after the establishment of the Constitutional Court of the Republic of Austria in 1919 are clarified. Based on the practice of the Administrative Tribunal of Austria-Hungary and the High Administrative Court of the Republic of Austria in 1925 an administrative reform was carried out and a codification of administrative procedural law was carried out. The functions and powers of the Federal Administrative Court of the Republic of Austria after the adoption of amendments to the Constitution of Austria in 1929 as well as the law «On the Federal Administrative Court» of 1930 are characterized. After the coup d'état in Austria in 1933 and the adoption of the Constitution of the Republic of Austria, the Federal Administrative Court was abolished, and its functions and powers were transferred to the jurisdiction of the Federal Supreme Court. The procedures for consideration of administrative cases in the Federal Supreme Court are clarified. The Federal Supreme Court could annul laws, resolutions, government orders and other legal acts due to their inconsistency with the Austrian Constitution of 1934. The procedure for considering administrative cases after the «Anschluss» of Austria by Nazi Germany in 1938 is characterized. After the victory of the countries of the Anti-Hitler coalition and the defeat of the Third Reich in Austria, the Republic of Austria was restored, and the activities of the Supreme Administrative Court were resumed in 1945. The process of the functioning of the administrative judiciary of the Republic of Austria in the post-war period is highlighted and the influence of the European Convention on the Protection of Human Rights on its activity is shown. Keywords: Austria, Republic of Austria, Nazi Germany, administrative court, Constitutional Court, administrative justice, judges, public authorities.
ПРАВОВИЙ СТАТУС ДЕРЖАВНОГО СЛУЖБОВЦЯ В УКРАЇНІ: ОКРЕМІ ПРОБЛЕМИ У ЗАКОНОДАВЧОМУ РЕГУЛЮВАННІ
Authors: Otchych Anastasiya ,   Львівський національний університет імені Івана Франка, Yaniuk Nataliia
Published: July 2024

Civil servant is a subject of public-legal relations, and their status is a special aspect in relation to the administrative-legal status of other citizens. In the course of scientific and legal analysis, it is determined that the legal status of a civil servant arises only on the basis of an administrative act on appointment to a civil service position. Under no circumstances can this status arise solely based on actual relations. The status regulates the limits of the behavior of a civil servant, which is permitted by the law of conduct, his legal guarantees and responsibility for the results of improper official activity in a position in a state body. It is found that the legal status of a civil servant is characterized by general features of the administrative-legal status of a citizen of Ukraine and special features that are mediated by the specifics of the functioning of the civil service in Ukraine. Official activity leads to the emergence of additional rights and obligations, which are formed taking into account civil service and position. The legal establishment of rights and obligations corresponds to the tasks and functions of the civil service. It is concluded that the structure of the legal status of a civil servant includes restrictions and prohibitions. The latter provide a balance in the civil servants’ use of their authority. The legislative consolidation these restrictions and prohibitions is a means of preventing corruption in public administration. It is justified that the ethics of the civil servant’s behavior is a mandatory element of the legal status. Compliance with ethical rules affects the image of the public service. The fundamental principles of the legal status of a civil servant are defined in the Law of Ukraine «On Civil Service» (2015). This law takes into account the basic standards of civil service in EU countries. Limitations and prohibitions for a civil servant are established in the Law of Ukraine «On Prevention of Corruption» (2014). Legal status of a civil servant is further regulated by special laws, depending on the type of service. This article also states that there are legal guarantees for civil servants that ensure professional activity. Legislation establishes a special procedure for protection. In Ukraine, public-service disputes are tried in administrative courts. It is concluded that legal status of a civil servant ends with the termination of civil service. But there are restrictions established by the anti-corruption legislation, which a civil servant must adhere to even after termination of civil service. The authors of the article draw attention to the fact that there are still challenges in legislative regulation regarding the enhancement of a public servant's professionalism, preventing corruption during civil service, and the dismissal of a public servant due to retirement. Keywords: public service, ethical rule, administrative act, anti-corruption legislations.
EUROPEAN STANDARDS OF ADMINISTRATIVE JUSTICE
Authors: Reshota Volodymyr ,   Ivan Franko National University of Lviv
Published: July 2024

The article examines the European standards of administrative justice, which are the minimum requirements that members of the European Union and the Council of Europe must meet in order to ensure the protection of subjective public rights. These rights are the individual rights and interests that citizens have against the state and its administration. The article begins by providing an overview of the concept of administrative justice and its importance in a legal state. Administrative justice is the system of courts and procedures that are used to review administrative decisions and actions. It is an essential part of the rule of law, as it ensures that the administration is accountable to the courts and that citizens can have their rights protected. The article then discusses the specific standards of administrative justice that have been developed by the Council of Europe. These standards include: the right to a fair hearing. This right means that all parties to an administrative proceeding must have an equal opportunity to present their case and to be heard by an impartial tribunal; the right to an effective remedy. This right means that individuals must have access to a court or other body that can provide a remedy for their grievances against the administration; the principle of legality. This principle means that the administration must act in accordance with the law. The article concludes by arguing that the European standards of administrative justice are essential for ensuring the rule of law and the protection of human rights in Europe. By guaranteeing that citizens have access to fair and effective remedies for their grievances against the administration, these standards help to protect individual rights and freedoms. Keywords: administrative justice, European standards, judicial review, public administration, European Union, administrative proceedings.
ГАРАНТІЇ РЕАЛІЗАЦІЇ ПРАВА НА ЩОРІЧНІ ОПЛАЧУВАНІ ВІДПУСТКИ
Authors: Rybak Olha ,   Львівський національний університет імені Івана Франка
Published: July 2024

A legal analysis of the guarantees aimed at ensuring the right to annual paid leave is carried out. It is found that the employee is not able to waive his right to the minimum annual paid leave, even if there is such agreement of the employer. The employee is legally guaranteed not only the specified duration of basic annual paid leave, but also its mandatory annual use. It is noted that domestic case law contains many examples of protection of the employee's right to annual paid leave of a certain duration. Amendments that were made to the procedure of granting leaves by the Law of Ukraine «On the Organization of Labor Relations in the Conditions of Martial Law» indicate the guaranteed right of the employee to use annual vacation, albeit with some restrictions. In addition, it is investigated that the legislation of Ukraine on leaves does not establish basis for losing the right to annual paid leave. It is established that such vacations must be used, as a rule, before the end of the working year, and not providing leave of full duration is prohibited for two years in a row. At the same time, it is emphasized that the employee does not lose this right, even if he did not ask for a leave. The employee is not deprived of this right even when the employer intends to fire him from his job. It is noted that although the labor legislation does not contain basis that deprive an employee of the right to annual paid leaves, there are those that do not allow its implementation. It is about dismissal of an employee for violation of labor discipline. It is proposed to legislatively determine the methods of mutual notification of the parties of an employment contract as one of its essential conditions. This will contribute to the timely notification of the parties of the employment contract and will guarantee their familiarization with the notices and other necessary documents. It is concluded that the guarantees of the prohibition of replacing leave with monetary compensation (except for dismissal from work) allow the employee to exercise his right to annual paid leave without completing the six-month period of continuous work for the first year at the new employer, as well as to use these leaves, as a rule, before the end of the working year. The prohibition of not granting leave for 2 years in a row refers to the employer's obligation to grant leave to the employee during this period. The employee does not lose the right to use it, even if he/she did not ask for it. Payment of annual leave, including its compensation, should guarantee the employee the opportunity to enjoy the same economic benefits during rest as during working hours. A person cannot be deprived of the right to annual paid leave, regardless of the peculiarities of his/her legal status and the provisions of special legislation. Keywords: right to rest, employee, labor law, payment for labour.
ВЗАЄМОЗВ’ЯЗОК ДЕМОКРАТІЇ ТА ПРАВ ЛЮДИНИ: НА ОСНОВІ АНАЛІЗУ ФІЛОСОФСЬКО-ПРАВОВИХ КОНЦЕПЦІЙ ЕРНСТА-ВОЛЬФҐАНҐА БЬОКЕНФЬОРДЕ ТА РОБЕРТА АЛЕКСІ
Authors: Lubchuk Olena
Published: July 2024

The key aspects of the relationship between human rights and democracy through the prism of the philosophical and legal concepts of Ernst-Wolfgang Böckenförde and Robert Alexy are considered in the article. The meaning of the concept of democracy, under which E.-W. Böckenförde proposes to understand the exercise of power by a particular nation, provided with relevant procedures, which depends on a number of institutional preconditions, is revealed. It is substantiated that according to the approach of E.-W. Böckenförde democracy, unlike human rights, cannot be universally realized, as it depends on socio-cultural circumstances, the structure of the political system of society and corresponding ethical requirements. The essential content and key features of human rights based on the analysis of the philosophical and legal views of R. Alexy are revealed. The question of the relationship between human rights and their institutionalization is investigated. The arguments formulated by R. Alexy in favor of the necessity of transformation of human rights into positive law are analyzed, namely: an argument regarding implementation, the knowledge argument and argument concerning the organization. It is noted that, according to the scholar, a necessary condition for the institutionalization of human rights is transformation of a state into a democratic constitutional state. Similarities and differences in the philosophical and legal views of E.-W. Böckenförde and R. Alexy in the context of the relationship between human rights and democracy are defined. Attention is focused on the fact that E.-W. Böckenförde defends the idea of universality and independence of human rights, in particular from the democratic process. At the same time, although R. Alexy sees democracy as a necessary condition for ensuring human rights, he doesn’t consider it a sufficient guarantee of the latter. Keywords: democracy, human rights, universality of human rights, institutional preconditions of democracy, institutionalization of human rights.
З ІСТОРИЧНОГО ДОСВІДУ ГАРАНТУВАННЯ СУВЕРЕНІТЕТУ СУБ’ЄКТІВ МІЖНАРОДНИХ ПРАВОВІДНОСИН
Authors: Maliuta Olga ,   Інститут держави і права імені В. М. Корецького
Published: July 2024

The author determines that international legal norms and rules by the part of the guaranteeing sovereignty of a state, as well as recognition of its territorial integrity on fully volume have been to use to de jure state. According to the international legal rules as well as scientific research of international lawyers, the author concludes that joining the UN can protect statehood and lead to appeals against violated rights and obligations, however, internal affairs of the state remain within its competence. The main purpose of the article is to analyze the influence of international legal regulation on the process of guaranteeing state sovereignty in the condition of full acquisition of international legal personality of the state. The author defines the responsibility of each individual state under international treaties and international R2P norm to protect its sovereignty. It is proved that international law guarantees the sovereignty of each subject of international legal relations as a result of compliance with legal criteria and de jure recognition. The loss of the most important attributes of statehood can prove the statehood or change its status to a failed state. It is concluded that the most effective way to guarantee the sovereignty of a subject of international legal relations is a harmonious interaction of national and international law, territorial integrity of independent states and political will of the guarantors of sovereignty and permanent members of the UN Security Council. Keywords: international lпристайegal personality, independence, legal status of the state, recognition, sovereignty, territorial integrity.
ІНФОРМАЦІЙНІ ПРАВОВІДНОСИНИ: СУЧАСНИЙ СТАН І ПЕРСПЕКТИВИ ДОСЛІДЖЕННЯ В УКРАЇНСЬКІЙ ЮРИСПРУДЕНЦІЇ
Authors: Radchenko Andrii ,   Львівський державний університет внутрішніх справ
Published: July 2024

The author makes a systematic analysis of scientific research of Ukrainian scholars in the information law area. The author establishes that, given the specific branching of information legal relations and the scope of their legal regulation, information law should be considered not as a sub-branch, but as a comprehensive and relatively independent branch of modern law. The author finds that information relations become the object of legal research directly, being understood as information relations themselves, and indirectly, in particular, when considering such legal institutions as freedom of expression, citizens' appeals, protection of honor and dignity of individuals, etc. The author emphasizes that the doctrine of information law is distinguished between macro-level studies which cover the problems of the information society and ensuring information security of society and the State, and meso-level studies which focus on individuallegal institutions of the information society. The author highlights the least studied general theoretical and philosophical and legal issues of the doctrine of information law, in particular, the legal nature of information, systemic links of the institutions of state and legal regulation of information social relations with other legal institutions, ontology, epistemology and axiology of legal information. The author substantiates the need for analysis and systematization of various approaches to legal regulation of various types of information relations in the national jurisprudence. Keywords: information, information society, information legal relations, information security, information law.