bluuebunny/crossref_metadata_2025 huggingface dataset:
The Relationship between Learning Readiness and Learning Outcomes of Package C Students at PKBM Titian Amanah Kayu Tanam
Authors: Elvira Salman Iza , Syur'aini Syur'aini
Published: September 2024

The purpose of study is to ascertain how adult student learning outcomes in Indonesian language classes at PKBM Titian Amanah relate to their readiness for learning. Attention, drive, and the growth of personal preparedness are all components of learning readiness. This study employed a correlational research design and a quantitative methodology. The questionnaire measures the level of learning readiness in terms of attention, motivation and development of individual readiness. Findings of this research indicate the learning readiness of adult students Package C program at PKBM Titian Amanah is in the low category, especially in terms of attention and motivation. This is evident from respondents' propensity to select "disagree" option in the questionnaire. However, research also finds a significant relationship between learning readiness and learning outcomes. Students with a higher level of readiness tend to achieve better learning outcomes. Based on the results of this research, there are several recommendations that can be given. First, PKBM Titian Amanah must provide better facilities to increase adult students' learning readiness. Second, tutors must be more creative in using learning media to increase learning motivation. Additionally, future research could explore the relationship between learning readiness and learning outcomes.Keywords: Learning Readiness, Learning Outcomes
Classification of Harvest - Non Harvest in Rice Plant Image Using Convolutional Neural Network Algorithm
Authors: Revina Rahmadani  , Yenni Kurniawati  , Dony Permana  , Dina Fitria
Published: September 2024

The Area Sample Framework (ASF) survey is an area based survey carried out by direct observation of sample parts whose locations have been determined. Every month ASF officers take photos of observation results using an Android based cellphone, where the results of the photos will be classified manually by supervision officers and sent to a central server for processing. The large amount of rice plant image data included can hinder officers in classifying rice growth phases. Therefore, to speed up the classification process, the Convolution Neural Network (CNN) method is used. In this research, the CNN model built consists of 3 convolution layers, 3 pooling, ReLU and Sigmoid activation functions, with several other parameters such as batch size and epoch value. The training results show that the accuracy value for the training data is 92.86% with an epoch value of 120. Meanwhile, the accuracy value for the validation data is 69.01%. Model evaluation shows a precision value of 21.34% and a recall value of 32.20%. This shows that the CNN model has poor performance in predicting harvest and non-harvest in rice plant images.
Analysis of the Population of Sumatera Island Using Profile Analysis
Authors: Sri Rahayu  , Dony Permana  , Yenni Kurniawati  , Dina Fitria
Published: September 2024

Persebaran penduduk tiap provinsi menurut kelompok umur di Pulau Sumatera cenderung mengalami perubahan hingga saat ini. Oleh karena itu perlu dilakukan suatu analisis yang dapat menjadi gambaran perbandingan karakteristik antara sebaran populasi penduduk tiap provinsi dengan kelompok umur yang berbeda, sehingga dapat diketahui bagaimana variasi dari karakteristik tersebut terhadap populasi penduduk. Analisis profil merupakan salah satu teknik analisis ragam peubah ganda yang dapat digunakan untuk melihat bagaimana gambaran perbedaan dua populasi atau lebih dimana setiap populasi dipengaruhi oleh p perlakuan (variabel) dengan uji-uji yang diberikan. Analisis profil telah diaplikasikan ke berbagai bidang, salah satunya bidang pemerintahan yang digunakan untuk mengetahui karakteristik beberapa wilayah tertentu. Penelitian ini bertujuan untuk mengetahui karakteristik populasi pada masing-masing provinsi di Pulau Sumatera berdasarkan enam belas kelompok umur. Pulau Sumatera merupakan salah satu pulau terbesar di Indonesia dengan jumlah provinsi terbanyak yaitu 10 provinsi. Pada penelitian ini, analisis profil digunakan untuk membandingkan profil populasi penduduk masing-masing provinsi di Pulau Sumatera berdasarkan enam belas kelompok umur. Berdasarkan uji kesejajaran profil, diketahui bahwa profil dari kesepuluh provinsi tidak sejajar atau dengan kata lain terdapat perbedaan selisih rata-rata jumlah penduduk atau pola tren antara profil provinsi di Pulau Sumatera berdasarkan kelompok umur. Uji lanjut dilakukan menggunakan metode Tukey’s HSD untuk melihat perbandingan berpasangan dari masing-masing provinsi berdasarkan kelompok umur tertentu. Pengujian yang dilakukan menunjukkan bahwa terdapat beberapa perbedaan yang nyata pada beberapa provinsi yang ada di Pulau Sumatera pada masing-masing kelompok umur.
Vector Error Correction Model to Analyze the Impact of Exchange Rates and Money Supply on Inflation in Indonesia
Authors: Faulina  , Fitri Fadhilah , Amalita Nonong , Salma Admi
Published: September 2024

This study analyzes inflation in Indonesia in relation to the influence of exchange rates and the money supply (M2), which pose challenges in controlling inflation amidst rapid economic growth. Data from the Ministry of Trade of the Republic of Indonesia (Kemendag) were used to investigate the relationship between exchange rates and the money supply (M2) on inflation using the Vector Error Correction Model (VECM). The results indicate that in the short term, inflation tends to decrease towards stability, with a strong exchange rate capable of reducing inflation, while an increase in the money supply slightly raises inflation. However, in the long term, inflation demonstrates a strong self-correction mechanism, with the influence of exchange rates and the money supply becoming limited. This model proves effective in forecasting inflation for the period from March to August 2024, with a Mean Absolute Percentage Error (MAPE) of 19.59%.
Metode Density Based Spatial Clustering of Applications with Noise (DBSCAN) dalam Mengelompokkan Provinsi di Indonesia Berdasarkan Kasus Kriminalitas Tahun 2022
Authors: Miftahurrahmi Syifa , Zilrahmi  , Amalita Nonong , Mukhti Tessy Octavia
Published: September 2024

Berdasarkan data Badan Pusat Statistik 2023, pada tahun 2022 terjadi peningkatan yang signifikan pada jumlah kasus kriminalitas di Indonesia dibandingkan dengan tahun 2021, yaitu dari 239.481 kasus menjadi 372.965 kasus. Peningkatan jumlah tindak kriminalitas tersebut terjadi seiring dengan aktivitas masyarakat yang mulai mengendur pasca pandemi Covid-19. Jenis tindak kriminalitas yang terjadi di Indonesia sendiri beragam, mulai dari pembunuhan, pencurian, kejahatan terkait narkoba, dan lain-lain. Penelitian ini akan mengelompokkan provinsi-provinsi di Indonesia berdasarkan kasus kejahatan dengan jenis kejahatan tertentu pada tahun 2022 dengan menggunakan metode Density Based Spatial Clustering of Applications with Noise (DBSCAN). Hasil dari penelitian tersebut diharapkan dapat membantu pemerintah dan kepolisian dalam upaya menangani tindak kriminalitas di Indonesia. Clustering menggunakan metode DBSCAN menghasilkan 2 cluster dengan nilai koefisien silhouette sebesar 0,68. Cluster yang dihasilkan adalah cluster 0 dengan kategori noise yang terdiri dari 5 provinsi dengan jumlah kasus kriminalitas yang tinggi, sedangkan cluster 1 terdiri dari 29 provinsi dengan jumlah kasus kriminalitas yang rendah.
Implementation of the Fuzzy C-Means Clustering Method in Grouping Provinces in Indonesia based on the Types of Goods Sold in E-commerce Businesses in 2022
Authors: Bimbim Oktaviandi  , Tessy Octavia Mukhti  , Yenni Kurniawati  , Zamahsary Martha
Published: September 2024

The internet facilitates e-commerce by enabling efficient transactions and building consumer trust. With internet users in Indonesia reaching 204 million in 2022, it is crucial to Cluster provinces based on the types of goods and services sold online to design effective marketing strategies. The Fuzzy C-Means (FCM) method is used for Cluster analysis, allowing objects to have different membership degrees in multiple Clusters and providing accurate Cluster center placement. This study applies Fuzzy C-Means to Cluster 34 provinces in Indonesia based on the sale of goods/services in e-commerce in 2022, aiming to provide insights into market preferences and assist companies in developing more effective strategies. The results show that the method forms two Clusters. By evaluating standard deviation values and ratios, Fuzzy C-Means proves effective in Clustering provinces in Indonesia based on e-commerce sales data. Cluster validation reveals a standard deviation ratio of 0.14, indicating clear and significant Cluster separation.
Comparison Of Extreme Learning Machine And Holt Winter’s Exponential Smoothing Methods In Railway Passenger Forecasting
Authors: Azma Meil Sri Dian , Dony Permana  , Fadhilah Fitri  , Atus Amadi Putra
Published: September 2024

Trains are public transportation consisting of a locomotive pulled by other carriages as its main part. The carriages are very large so that they can transport passengers and goods on a large scale. Forecasting is a process to estimate how much future demand will be which includes the needs in terms of quantity, quality, time, and location needed to meet the demand for goods or services. The method used in forecasting this problem is Holt Winter Exponential Smoothing. The Holt Winter method is a moving average forecasting method that gives weight to past data exponentially so that current data has a greater weight in a moving average that uses 3 levels of smoothing. This method is used when the data shows trends and seasonal. The three smoothing parameters are α (for the process level), β (for the trend element), and γ (for the seasonality element) with values ​​between 0 and 1 for each parameter. Extreme Learning Machine (ELM) is a simple feedforward artificial neural network development method using one hidden layer or commonly known as a single hidden layer feedforward neural network. The data used is the number of train passengers from January 2021 to December 2023. The results of the study showed that the best model in modeling the number of train passengers was Holt Winters Exponential smoothing. The accuracy of the model is good with a MAPE value of 17.10% compared to ELM 20%.
KREATIVITAS GURU DALAM MEMANFAATKAN LINGKUNGAN KELAS PADA PEMBELAJARAN P5 KURIKULUM MERDEKA KELAS IV SDN 127/III SUNGAI TANDUK KECAMATAN KAYU ARO KABUPATEN KERINCI
Authors: Marlisa Fenni , Tabroni Tabroni , Hardi Sean Popo
Published: September 2024

Seringkalinya perubahan kurikulum dalam pembelajaran sehingga guru harus dituntut dapat menyesuaikan. Tujuan penelitian ingin mengetahui sejauh mana Kreativitas Guru Dalam MemanfaatkanLingkungan Kelas Pada Pembelajaran P5 Kurikulum Merdeka Kelas IV SDN 127/IIISungai Tanduk. Penelitian ini termasuk dalam jenis penelitian kualitatif dengan menggunakan metode penelitian deskriptif. Penelitian ini dilakukan di SDN 127/III Sungai Tanduk. Subjek penelitian yaitu guru, dan siswa. Jenis datanya yaitu data primer dan sekunder. Sumber datanya berupa manusia, suasana, foto. Teknik pengumpulan data menggunakan metode observasi, wawancara, dan dokumentasi. Teknik analisis data yaitu reduksi data, penyajian data, dan verifikasi. Teknik pemeriksaan data yaitu perpanjang keikutsertaan, ketekunan pengamatan, dan triangulasi. Hasil temuan dalam penelitian ini menunjukkan bahwa pertama Kreativitas guru dalam memanfaatkan Lingkungan kelas pada pembelajaran P5 Kurikulum Merdeka yaitu (1) Kelancaran berpikir (fluency of thinking), guru mengarahkan para siswa agar bisa berpikir secara cepat dalam mengatasi permasalahan yang dihadapi (2) Elaborasi (elaboration, Kedua Faktor- faktor penghambat Kreativitas guru, yaitu (1) Kurangnya kesadaran dari siswa untuk pentingnya dalam pembelajaran P5, (2) kurangnya pemahaman dan pengetahuan tentang perilaku yang sesuai dengan nilai-nilai pancasila. Ketiga solusi Ada beberapa solusi Mengatasi Faktor-faktor penghambat Kreativitas Guru yaitu: (1). Memberikan motivasi kepada siswa, (2) Membantu pengembangan sifat-sifat positif pada diri siswa seperti rasa percaya diri dan saling menghormat
Exigent circumstances search: the dilemma of balancing efficiency and human rights
Authors: Drozdov O.M. , Glynska N.V.
Published: September 2024

It is indicated that in the early days of June 2024, the judges of the Supreme Court appealed to the members of the Scientific Advisory Council with a request to provide scientific conclusions regarding case No. 466/525/22 (the case concerned the application of the provisions of Part 3 of Article 233 of the Criminal Procedure Code). It emerged from the appeal that the criminal proceedings based on the cassation appeal of the prosecutor against the decision of the Lviv Court of Appeals dated Octobe 2, 2023 were referred to the joint chamber of the Criminal Court of Cassation as part of the Supreme Court.
In this scientific publication, the authors attempted to examine the situation that arises during searches in emergency cases within the framework of the problem of prioritizing the protection of human rights.
It is argued that given the legal nature and content of the above constitutional provisions, it should be concluded that part three of Article 30 of the Basic Law of Ukraine should be interpreted as a direct effect provision. This means that it prevents a participant in criminal proceedings on the side of the prosecution (prosecutor, investigator, inquirer) from making a decision to enter a person’s home or other property unless the case is urgent and the purpose does not comply with the provisions of the said provision of the Constitution of Ukraine, taking into account an individual assessment of the circumstances of a particular case.
It is summarized that in the absence of a clear definition of the term «urgent» in the criminal procedure legislation, it is advisable to apply the principle of in dubio pro tributario (priority with the most favorable interpretation of the rule of law)). Given that we are talking about an exceptional case of restriction of the constitutional right to inviolability of the home outside of judicial control, it is important to apply a literal (not extended) interpretation of the content of part three of Article 30 of the Constitution of Ukraine.
Therefore, the authorized participants in criminal proceedings, when deciding on an urgent search, are obliged to find out whether the delay during the reasonably foreseeable time required to apply to the investigating judge, obtain a search warrant and conduct it in the normal course of events will inevitably lead to the consequences provided for in Article 30 of the Constitution of Ukraine; what specific circumstances of the case indicate the urgency of the entry into the home or other property, which must be in direct causal connection with the loss (destruction, etc.) of property.
Regarding expanding the opportunities of operative and search prevention through the use of the provisions of the concept of targeted determination "Pulling The Levers"
Authors: Fedchak І.А.
Published: September 2024

It is noted that the reform of the legal system of Ukraine aimed at democratic transformation and development of civil society cannot achieve the expected results without carrying out qualitative changes in the sector of law enforcement agencies, which implement tasks in the field of security, in particular regarding the prevention and fight against crime in Ukraine.
This article is dedicated to the study of expanding the capabilities of operational-search prevention through the use of the proactive concept of focused deterrence “Pulling Levers”.
It is noted that the analyzed proactive law enforcement concept involves enhanced influence on high-risk offenders from re-committing serious, violent actions, committing criminal offenses using weapons, and on members of criminal formations, etc., by conveying to them a message about increased surveillance and the inevitability of detection and taking strict response measures, as well as through selecting individual social services for them to provide assistance and support from law enforcement agencies, representatives of state bodies, the public, etc., to help them operate outside the criminal world. Such actions are considered levers that can be applied to chronic and the most dangerous lawbreakers.
It has been determined that the implementation of such a concept is a multi-subject process, with social services and community representatives playing a special role in its realization, as they possess resources and information useful for supporting the applied measures to neutralize criminal activity.
It has been established that the “Pulling Levers” focused deterrence concept is a new addition to existing proactive law enforcement models. Criminal analysts and operational police officers, who work based on the linear principle, play an important role in its implementation, as they possess diverse sets of knowledge and experience that are critically important for effective analysis of the operational situation and timely application of operational-search preventive measures to curb criminal behavior.
Features of public participation in the administration of justice during the period of ukrainian lands within the Russian and Austrian Empires
Authors: Berch V.V.
Published: September 2024

has been established that the participation of the people in the administration of justice on Ukrainian lands during their time within the Russian and Austrian Empires is a complex topic for research. To date, questions related to the mechanisms of public participation in the judiciary, particularly the functioning of the jury system, the election of justices of the peace, and the influence of public opinion on judicial processes, remain insufficiently studied. The lack of detailed analysis of these aspects in doctrinal sources complicates the understanding of the overall picture of the legal culture of that time.
It is noted that Ukrainian lands were part of the Russian and Austrian Empires from the late 18th to the early 20th century, and the judiciary during this period differed from the judicial system of previous eras. In many respects, this was an era of centralized and imperial governance.
It has been observed that public participation in the administration of justice during this period is seen through the activities of justices of the peace, approved by the governor, who were the lowest tier of the judicial system. The appointment of justices of the peace ensured a certain level of control and compliance with the requirements of the state administration. On Ukrainian lands, justices of the peace handled criminal and civil cases in rural and urban communities from the late 19th to the early 20th century.
It has been emphasized that later, an important form of public participation in the administration of justice became the jury system (in district courts), which began functioning in 1864 according to the Judicial Statutes.
It has been highlighted that the Austrian Empire introduced its own specifics into the legal system of Western Ukraine, establishing the structure of courts, the competence of judges, judicial procedures, and other aspects of judicial activity. This legal framework reflected the imperial norms and standards of justice that existed in the territories under its control. Therefore, judges in Western Ukrainian lands performed their duties according to Austrian legislation, which included norms regarding their status, powers, procedures for conducting court sessions, and the resolution of cases. Within the Austrian Empire, the jury system was introduced in 1867.
Principles of organization and activity of the European Prosecutor’s Office
Authors: Kononchuk I.M.
Published: September 2024

The article is devoted to the research of the principles of organization and activity of the European Prosecutor’s Office. The activities of the European Prosecutor’s Office are based on principles that ensure the effectiveness and legality of its functioning, as well as guarantee the observance of the rights and freedoms of individuals.
It was determined that according to the principle of independence, the European Public Prosecutor’s Office acts in the interests of the EU, is free from any influence and does not seek instructions from any subjects. EU institutions, bodies, and agencies must respect the independence of the European Prosecutor’s Office and refrain from trying to influence prosecutors in the process of exercising their powers. Each EU prosecutor and authorized prosecutor must be independent in the performance of their powers. Transparent procedures for the selection and appointment of prosecutors, their functional immunity, and a special procedure for removal from office serve as guarantees of independence.
It was emphasized that the principle of the rule of law provides that the activities of the European Public Prosecutor’s Office are based exclusively on EU law and are carried out in strict accordance with the Charter of Fundamental Rights of the EU. The principles of rule of law and proportionality are binding for the European Public Prosecutor’s Office in all its activities. The principle of proportionality requires that the actions of the European Public Prosecutor’s Office do not exceed the limits necessary to achieve its objectives.
It was established that according to the principle of subsidiarity, the European Prosecutor’s Office exercises its powers only in those cases when the goal cannot be achieved by the means of the member states. This ensures a balance between supranational and national levels of criminal prosecution.
The principle of collegiality and internal hierarchy presupposes that decisions in the College and standing committees are made jointly in the established order. Authorized prosecutors are obliged to follow the instructions of the EU prosecutors, who, in turn, report to the Chief Prosecutor.
It was found that the work of the European Prosecutor’s Office is based on the principles of impartiality, fairness, efficiency and economy of procedural actions. The European Public Prosecutor’s Office conducts its investigations in an impartial manner and tries to obtain all relevant evidence, both incriminating and exculpatory.
The principles of transparency and accountability determine the obligation of the European Prosecutor’s Office to annually publish a report on its activities and to inform the European Parliament, the Council of the EU and the European Commission about the results of its work.
To the question of the genesis of a legal duty
Authors: Popovych T.P.
Published: September 2024

Understanding the concept of legal duty, its role and place in the life of modern society is impossible without recognizing how it was formed, what factors influenced its creation, development, diversity of types, methods of implementation and content. The history of the origin, formation, and development of legal duty deserves special attention in legal science, as the origins of human duties, which later transform into legal ones, can be traced back to the early stages of social life. Simultaneously with the birth of humanity, there is a need to regulate social relations between members of primitive society. In the process of gradual development, primitive society begins to establish certain rules of behavior, which relied on the traditionality and customary nature of certain actions. Such rules were mostly prohibitive in nature, endowed their addressees primarily with duties in the form of taboos, had a collective nature and did not provide for the need for their awareness by members of society or justification, that is, were taken for granted. Gradually, members of such a society developed ideas about desired behavior, the achievement of which was again conditioned by the establishment of certain duties. At the same time, individuals mastered the ability to be responsible to primitive society, to refrain from undesirable actions and, conversely, to choose the most socially useful behavior, which again indicates the gradual development of duty as a measure of proper behavior.
Based on this, it can be argued that the history of legal duty begins with the emergence of archaic forms of society. Later, the state is formed, in which duty acquires specific properties, is provided by the apparatus of coercion in the hands of the state, claiming the role of the main regulator of social relations, thereby displacing a number of other social regulators. In the process of statehood development, the legal obligation is transformed, acquiring new features and receiving new approaches to its interpretation. That is why we consider it is expedient in this research to investigate certain aspects of the process of the genesis of a legal obligation, including focusing attention on modern patterns of its development, which made it possible to reach certain conclusions. Among other things, we can state insufficient attention to legal obligations, first of all, at the international level. This, in turn, can potentially create obstacles to the effective and full realization of fundamental human rights, since duties are a guarantee of the observance and realization of human rights. In order to properly develop the category of legal obligation in the near future, it is necessary to review the practice of its consolidation and interpretation, both at the national and international levels. In addition, an effective tool in the course of strengthening the position of legal duty and increasing its role will be educational activities within society, with an emphasis on the undeniable importance of the duty to realize the fundamental human rights.
Legal nature of the preliminary agreement according to the current legislation of Ukraine
Authors: Pasternak P.I.
Published: September 2024

The contract is the main basis for the emergence of civil legal obligations. It is widely used in all spheres of society. Among the provisions of civil law, norms that are designed to regulate contractual relations, in particular the preliminary contract, occupy a significant place, since the role of such contracts is constantly growing. Creation of a harmonious and effective system of civil legislation is one of the most important areas of development of the legal system of Ukraine. Since one of the main tasks of civil legislation is the fair, impartial and timely consideration and resolution of civil cases in order to effectively protect the violated, unrecognized or disputed rights, freedoms or interests of individuals, the rights and interests of legal entities, and the interests of the state.
The needs of modern civil turnover, which is increasingly acquiring the qualities of diversity and intensity, contribute to the development of new types of contracts in which various legal elements are combined. Increased interest in the study of contractual relations sometimes excludes some institutions from its field of view. Among such institutes is the institution of the preliminary agreement, which does not differ in the sufficiency of normative regulation and, perhaps, for these reasons, it has not received the thorough attention of modern scientists, although in practice this agreement is widely used.
he insufficient elaboration of the provisions of the previous agreement entails ambiguity in the approaches to its understanding. Until recently, the question of the possibility of recognition by the parties of the preferential right to realize their own interest under the previous contract remains unresolved. A separate place is occupied by questions regarding the classification of agreements concluded as a result of auctions (at one or another stage of their passage) as preliminary contracts. The concept of the form of a preliminary contract also does not find a clear understanding either in the works of civil scientists or in law enforcement practice. It follows from this that the lack of attention to the institution of the preliminary contract in civil studies entails the lack of a sustainable approach in the practice of law enforcement.
The Right to Social Protection: Analysis of the Case Law of the Constitutional Court of Ukraine
Authors: Snigur M.
Published: September 2024

It is indicated that the Constitution enshrines as a universal right «everyone has the right to social security», which protects people in situations of lack or reduction of means of subsistence or work capacity. The social security system requires reform. The reform should be aimed at creating accessible, transparent and accountable systems of social protection in united territorial communities that use local budgets to eliminate the problem of vulnerability of the local population. It is necessary to further strengthen the subnational revenue base, in particular through increased flexibility in the development of local taxation policies. Greater accessibility will stimulate the traditionally weak demand for social services.
Ukraine’s social protection system is in need of reform to address the low coverage and access to remedies for the poorest and most socially excluded, the poor quality of social services and the lack of gender mainstreaming in social services, and the growing funding gap. Social protection is a human right as defined in the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights. States have an obligation to ensure the full realisation of social protection, using the maximum of their available resources. Risks traditionally covered by existing social protection systems are covered by systems that are organised differently depending on the country: health or sickness; disability, whether from birth or acquired at work or outside work, or by age; old age; maternity and family; unemployment. The conditions for exercising the right to social protection in relation to the different risks covered can vary greatly depending on the design of the respective system.
The Constitution and laws of Ukraine identify certain categories of Ukrainian citizens who require additional guarantees of social protection from the state. The decisions of the Constitutional Court of Ukraine have stated that benefits, compensation and guarantees are a form of social assistance and a necessary component of the constitutional right to an adequate standard of living, and therefore, narrowing the content and scope of this right by adopting new laws or amending existing laws under Article 22 of the Constitution of Ukraine is not allowed. One of the elements of the rule of law is the principle of proportionality, which in the area of social protection means, in particular, that measures provided for in legal acts should be aimed at achieving a legitimate goal and should be proportionate to it.
Peculiarities of the republican system in the constitutions of Estonia and Finland
Authors: Zinchenko O.V.
Published: September 2024

The article provides a comparative analysis of the republican system of Estonia and Finland, each of which has certain historical parallels with Ukraine (Finland was part of the Russian Empire during the 19th-early 20th centuries, Estonia was part of the USSR in the 40-80s of the 20th century). It is emphasized that the established experience of solving the problem of stabilization of the domestic and foreign political situation defined by the constitutions of the countries is successful, Finland and Estonia are members of NATO and the EU, therefore there is an opportunity to use their experience in Ukraine. The principles of the organization and functioning of the state bodies of the specified states, the rights and duties of citizens, the peculiarities of the activity of the parliament, the peculiarities of the exercise of executive power, the powers of the country’s presidents, the peculiarities of their election and legal status are considered. It is concluded that there are structural and substantive similarities and differences between the republican system of Estonia and Finland. It is shown that such features include the unitary nature of states, a fairly broad list of rights and freedoms of citizens, the provision of the principle of habeas corpus, the appointment of Prime Ministers and ministers by parliaments, the exercise of executive power by governments, the accountability of governments to legislative bodies, the election of the Presidents of both republics for only two terms «consecutive» terms. It is outlined that the differences include different ways of electing Presidents (in Finland - by parliament, in Estonia - by direct elections); different terms of office of presidents (the President of Finland for 6 years, the President of Estonia for 5 years); differences in the form of government (parliamentary republic in Estonia and mixed semi- presidential republic in Finland); different number of state languages: one (Estonian) state language in Estonia and two (Finnish and Swedish) in Finland; granting the President of Estonia the status of head of state by the Constitution and the absence of such status in the Basic Law of Finland; exercise of executive power in Finland by the President of the Republic together with the State Council, in Estonia - only by the Prime Minister and ministers. It is emphasized that Estonia and Finland differ in solving the problem of citizenship and the rights of national minorities. Finnish autonomy is not just a special status, but a mini-constitution of the islands, under which a system of counterbalances of state and local (autonomous) interests operates, which is not typical for Estonia.
The concept and characteristics of non-original databases
Authors: Lopatniuk V.A.
Published: September 2024

The article examines the concept and characteristics of non-original databases as objects of legal protection. Databases are defined as an important tool for the development of modern society.
The author analyzed the general definition of a database as a collection of independent works, data, or other materials that are systematically or methodically arranged and individually accessible through electronic and other means. Based on the analysis of the opinions of scientists, the characteristic features of the database were singled out. Peculiarities of securing non-original databases in Directive 96/9/EC of the European Parliament and the Council «On legal protection of databases» dated March 11, 1996 and the Law of Ukraine «On copyright and related rights» were studied. The article emphasizes the importance of researching the concept and meaningful characteristics of non-original databases, clarifying the criteria for their protection capability and the essence of legal protection.
The author analyzed the state of development of the problem by domestic and foreign scientists. Various scientific positions regarding the understanding of the concept and content of non­original databases have been analyzed. It has been established that a non-original database is a database that does not constitute an intellectual work because of the selection or arrangement of its contents (and therefore cannot enjoy the legal protection of copyright), despite the substantial investment made in its creation. The originality and non-originality of the database, the importance of their establishment for providing legal protection to the database are analyzed separately.
The article analyzes such a criterion of database security as the presence of significant investments in the collection and arrangement of material, taking into account their nature, as well as quantitative and qualitative indicators of the significance of investments. Features of non­original databases make it possible to provide them with legal protection other than copyright, special sui generis rights.
Based on the analysis, the author concluded about the important role of non-original databases in the technical progress of modern society and the need for their constant protection and ensuring proper legal regulation.
Property rights to objects of related rights that constitute an official work under the legislation of Ukraine
Authors: Pecherova N.H.
Published: September 2024

The work is devoted to the study of property rights to objects of related rights created in the process of creating an official work. According to the current legislation of Ukraine, four objects of related rights are defined: a performance, a phonogram, a videogram, and a broadcasting organization program. The study of the question posed in the article is directly related to the understanding of the legal nature of the above­mentioned objects. In order to form an appropriate approach to understanding, the work considers the legally defined definitions related to these objects, the subject composition in relation to these objects, since the understanding of the primary subjects of adjacent rights is extremely important in the context of the ownership of property rights, which according to the current relevant legislation is a performer, a producer of a phonogram, a producer of a videogram, a broadcasting organization. At the same time, it should be noted that according to the current legislation, the producer of phonograms and videograms is understood as a natural and/or legal person who took the initiative to create the relevant objects and bears the corresponding responsibility for it. At the same time, we note that there is no legislative definition of the producer of the broadcasting organization program and the production of the broadcasting organization program in the relevant Law. When researching the objects of related rights, the question of the originality of the corresponding objects is analyzed, the creative contribution of employees in the creation of such objects as a phonogram, a videogram, a broadcast organization program is emphasized. The relationship between objects of neighboring rights and objects of copyright is analyzed. A thorough study of the moment of emergence and exercise of related rights is carried out. When analyzing the relevant legal norm, attention is drawn to the fact that the corresponding article refers to the relevant provisions of copyright in the context of official work, while such an object of related rights as a program of a broadcasting organization remains in this aspect outside the attention of the legislator. The author distinguishes between labor relations regulated by an employment contract (contract) for the creation of relevant objects and civil-law relations in connection with the creation of an object of intellectual property rights. And finally, the importance of researching the question posed in the article and the features that arise in relation to the relevant objects is directly related to the prospect of further research into such issues as the disposal of relevant property rights.
Signs of social protection of public service workers
Authors: Gavrilyuk V.O.
Published: September 2024

The article analyzes in detail the specifics of social protection of public service workers as a legal phenomenon that is of great importance for ensuring the efficiency and stability of the functioning of the state apparatus. The main attention is paid to the definition and characteristics of the main features of this category, which allows for a better understanding of its nature and meaning in the context of the modern legal field. Various approaches to the definition of social protection, expressed in the scientific literature, are considered, as well as the current legislation that regulates this area is analyzed.
The author examines the views of leading scientists who study the issue of social protection of public service workers, compares their positions and approaches, highlighting the most significant and relevant aspects. Particular attention is paid to the analysis of legislative acts that establish the legal framework and mechanisms for the implementation of social protection, in particular regarding working conditions, pension provision, health insurance and other types of social guarantees. As a result of the research, the author formulated a unique list of signs of social protection of public service employees, which includes such key elements as legal protection, access to social benefits and guarantees, provision of proper working conditions, support of professional development and qualification, as well as provision of legal and social protection in cases of professional risks.
Each of these signs is examined in detail, its meaning and meaning in the context of ensuring social stability and legal protection of public service workers is clarified. The importance of the effective functioning of the social protection system for increasing the motivation and productivity of employees, which, in turn, has a positive effect on the overall efficiency of the state apparatus, is emphasized separately. Analyzing various approaches and legislative norms, the author offers his own recommendations for improving the system of social protection of public service employees, taking into account modern challenges and needs of society. Thus, the article not only reveals the theoretical aspects of social protection of public service workers, but also provides practical recommendations for improving the legal mechanisms regulating this area, which is extremely important for the further development of legal science and practice.
Opportunities and challenges of hiring a mediator: legal and practical aspects
Authors: Kovalko N.
Published: September 2024

The article is devoted to the study of organizational and legal forms of mediator activity in the context of their application by business entities for hiring mediators. The author considered two main approaches to conducting mediator activities: 1) for hire, through an entity, that ensures the conduct of mediation, or through an association of mediators; 2) individually, as an individual, that conducts independent professional activities, or as an individual entrepreneur.
Taking into account the mentioned approaches, the legal and practical aspects of choosing one or another approach for hiring mediators by business entities were analyzed. It is noted that according to the first approach, the business entity must obtain the status of the entity, that ensures the conduct of mediation. At the same time, this approach, due to the presence of gaps in the legislation, causes discussions about its practical applicability and is also limited by the possibilities of resolving conflicts (disputes) in which the relevant business entity is not a party to the conflict (dispute).
Making an analogy with the experience of business entities interacting with «in-house attorneys-at-law», the possibilities of applying the second approach to hiring mediators were considered. In particular, the author analyzes positions from the tax authorities, the Bar Council of Ukraine and the Supreme Court regarding the possibility of an employee who holds a position that does not involve the activity of an attorney- at-law, but at the same time has a certificate of the right to practice the activity of an attorney- at-law, to represent his employer in court as an attorney-at-law. Special attention is given to the accounting of an attorney-at-law as a self­employed individual, who is also an employee in a position that does not involve the activity of an attorney-at-law. Additionally, problematic issues related to the calculation and payment of a unified social contribution in these legal relationships are highlighted.
Based on the analyzed experience, the author draws conclusions about the possibilities of hiring a mediator by a business entity to settle internal conflicts (disputes) in the context of the second approach and also emphasizes the shortcomings of the legal regulation of mediators’ performance of their activities for hire, which causes the need for making legislative amendments.
Land reclamation in the field of subsoil use in Ukraine: theoretical and legal analysis
Authors: Machuska I.B. , Titova V.M. , Argatiuk I.V.
Published: September 2024

The article is devoted to the study of the problems of the institute of reclamation of lands that were violated due to the extraction of minerals and geological study of the subsoil.
The article analyzes the legal regulation of land reclamation in Ukraine and the reclamation of lands that have been violated as a result of mineral extraction and geological exploration of the subsoil, the ways of improving the legal regulation of the said institute are established.
The article states that mining activity has significantly changed the surrounding natural environment, including some natural regions of Ukraine. It was established that mining and geological exploration of the subsoil caused significant changes in the geological environment of the country. It was found that one of the main factors of negative impact on the environment is the extremely high concentration of mining enterprises and the consequences of mineral extraction.
It has been established that one of the necessary steps contributing to the improvement of the condition of lands that have been disturbed as a result of mining is land reclamation. The choice of the method and methods of reclamation of disturbed lands depends on the type of mineral, the method of its extraction, and the soil conditions of the region. It was found that the processes of reclamation of disturbed lands in the field of subsoil use are divided into: mining and biological stages.
It is noted that the legal definition of reclamation of disturbed lands does not fully reflect the content of the said institution and its legal nature. The article defines the reclamation of lands disturbed as a result of mining operations and geological study of the subsoil and substantiates the expediency of supplementing the legislation with the specified concept. The article proposes: to supplement Chapter VI of the Law of Ukraine «On Land Protection» with the provision «land protection during the geological study of the subsoil and mining operations», to adopt the Law of Ukraine «On Land Reclamation», one of the sections of which should be a section devoted to «land reclamation during geological study of the subsoil and mining operations».
It was concluded that the institute of reclamation of damaged lands is important for improving the condition of soils, as one of the important means of land protection. It has been proven that the reclaimed territories should constitute an optimally formed and ecologically balanced landscape area with mandatory landscape mapping.