bluuebunny/crossref_metadata_2025 huggingface dataset:
Peculiarities of legal relations in the field of restoration of lands and soils of Ukraine damaged by the armed aggression of the Russian Federation
Authors: Gruzensky V. V.
Published: February 2024

The article examines the peculiarities of legal relations in the field of restoration of lands and soils of Ukraine, which suffered as a result of the armed aggression of the Russian Federation. As a result of the full-scale invasion of Russia on more than a third of the territory of Ukraine, there is already or there is a risk of systemic disturbance of the surface layer of soils or their contamination (mines, oil products, unexploded ordnance, etc.). So, with the beginning of a full-scale invasion, the state of Ukraine received a new challenge - the degradation of land and soil as a result of military operations. Therefore, the problem of restoration of these natural objects has become extremely Legal relations in the field of land and soil restoration are an integral part of land legal relations and have essential features (public nature, volitional nature, dominance of the imperative method of legal regulation, specific subject composition, inequality of the parties to these legal relations, etc.). The article examines lands and soils as objects of restoration, since it is the specificity of objects that largely determines the peculiarities of legal relations in this area.

Restoration of lands and soils is: a legally secured system of measures; aimed at returning their original qualitative state; is carried out through their reclamation, conservation, melioration and other measures provided for by law.

Legal relations in the field of restoration of the lands and soils of Ukraine, which suffered as a result of the armed aggression of the Russian Federation, are social relations that are formed in the field of returning these natural objects to their original qualitative state, deteriorated due to the action of factors caused by military actions. Legal relations in this area have significant features, since lands and soils are non-reproducible, but renewable natural objects. The specificity of land and soil restoration is that this process is subject to their qualitative condition. Since such significant damage is caused to the lands and soils of Ukraine for the first time since the Second World War, the system of national land protection legislation needs to be reformed. The Law of Ukraine “On Land Protection” does not meet today’s needs. An urgent need today is the development and adoption of the Law of Ukraine “On Protection and Restoration of Lands and Soils”.
Legal policy and overcoming global environmental concerns
Authors: Dashkovska N. K.
Published: February 2024

The article is dedicated to the theoretical analysis of legal instruments for regulating environmental problems that are directly aimed at protecting the environment.

Current global environmental problems inevitably influence environmental policy, on the one hand, acting as the cause of its formation, and on the other hand, environmental policy means directly combating it. It is therefore necessary to note that at the current stage, environmental and legal policy will require enhanced modernization, both at the sovereign level and at the local level.

Environmental-legal policy is a scientifically grounded, systemic activity of special subjects to create an effective mechanism of legal regulation through a civilized approach to legal means and mechanisms of access Many goals such as preserving the natural environment and natural systems, enhancing their integrity and important functions for life and well-being , promoting the quality of life and healthy population, promoting the demographic situation, ensuring the guarantee of environmental rights of communities, forming a high level of legal and environmental culture of humanity.

Also, the main directions of legal policy in the fight against current global environmental problems are: the creation of a legal mechanism for ensuring the protection of the environment; prevention and elimination of the threat of environmental safety; improvement of environmental legislation and practices; intensifying the fight against environmental crimes (ecocide, environmental terrorism) and increasing the effectiveness of anti-corruption policy.

The increase in the ecological and legal culture of citizens and the formation of a new type of individual. A person is a part of nature and is in a dual relationship with the environment, in one case he is the main source of pollution, in the other - he acts as its protector, carrying out environmental protection activities.
Legal features of the joint regulation of pollutants discharge
Authors: Uberman V. I. , Vaskovets L. A.
Published: February 2024

The environmental and legal sub-institute for the regulation of pollutants discharge (RPD) from man- made point sources into the surface waters of Ukraine and its main tool - the Basin Principle for Calculating the Maximum Permissible Discharges (BPCMPD) is studied. The purpose of the article is to identify the legislative possibilities of the current Ukrainian RPD, the features of its possible use in river basin management plans (RBMP), and to assess of the legal consequences of such use. The relevance of the research is determined by documents of the state environmental policy, strategies of environmental security and of post-war reconstruction of Ukraine. BPCMPD is investigated by the method of environmental and legal analysis. It was determined that the main legal feature of the BPCMPD, which has remained unchanged for almost half a century, is the joint special water use (SWU) in the part of P discharges from economic entities within the estimated area of the water body. In modern water legislation, the category of SWU is not defined. A conceptual conflict between the object and the regulation method has been identified, which is eliminated by changing the scientifically erroneous definition of “basin” in the name BPCMPD to “cascade” name, i.e. KPCMPD. The use of the term BPCMPD is based on the division of the assimilation capacity (AC) of the cascade between the community of water users. Founded that in fact, the feature AC has an indivisible nature, which gives an ecological obstacle for the application of the BPRGDS. In addition, the current legal prohibition for the cascade use of AC is the requirement of territorial unity of regulatory limits of concentrations of AC in the receiving cascade water. Determined that the so-called “the right to AC quota”, on which the BPCMPD is based, is absent in the current legislation. Therefore, the SWU category is a legislative rudiment, and its use for the implementation of BPCMPD leaves for water users opportunities for deterioration of water quality. Concluded that the BPCMPD cannot be used as a legal instrument in the composition of Ukrainian RBMP under the conditions of SWU harmonization with EU legislation.
Judicial precedent in the legal system of Ukraine: modern approaches to the definition of the concept
Authors: Bernaziuk O. O.
Published: February 2024

The article reveals the modern concept of a legal opinion of the Supreme Court and substantiates the opinion that such an opinion is characterized by a significant number of signs of judicial precedent.

A review of scientific approaches to understanding the place and role of court precedent in general and its presence in the legal system of Ukraine was conducted. It has been clarified which features of the legal position of the Supreme Court give it the properties of a judicial precedent, and also the ever-increasing importance of knowledge and use of the legal positions of the Supreme Court in the activities of all civil servants, lawyers, as well as representatives of other professions who apply the relevant norms in their work has been proven legislation.

Based on the review of scientific concepts and approaches to understanding the concept of “judicial precedent”, the author proposed an improved definition of this concept. It has been proven that a judicial precedent (stare decisis) is a legal conclusion formulated during the consideration of a specific case in the decisions of the courts of higher instance regarding the method of application of the norm of substantive or procedural law. It is argued that the judicial precedent is designed to ensure the formation of a unified approach in matters of interpretation of this norm, resolution of contradictions or gaps in legislative regulation, and is mandatory for application when courts resolve disputes in similar legal relationships.

The author proved that judicial precedent is a source of judicial law-making, in the process of which a new rule of law (rule of conduct) is not created, but a mandatory method of applying the rule of law is determined, a unified approach to resolving contradictions between norms of legislative acts (overcoming conflicts) or filling gaps in legislative regulation. It is argued that a certain exception can be considered legal conclusions formed in the process of applying the analogy of law and analogy of law by the court to normalize the established gap in the legislative regulation of certain social-administrative legal relations.
The right to information in the context of digitalization
Authors: Bondarenko V. A. , Horun H. R. , Fedyshyn O. M.
Published: February 2024

Using a complex system analysis, the authors investigate the right to information in the context of digitalization. The object of the study is social relations concerning the search, acquisition, transfer, production and distribution of digital information in the conditions of digitalization of the economy. The study’s subject includes Ukraine’s legal norms, regulatory provisions of international treaties and legal acts of the European Union, and theoretical scientific works on legal regulation of digital information. The research uses a dialectical, interpretive, historical-legal, formal-legal, comparative-legal, and systemic- structural method. It is indicated that the right to access information includes and ensures the realization of a set of rights that allow searching, receiving, transferring, producing and distributing digital information in information systems through existing rules and requirements of current legislation. The expansion of production, use, processing, storage, retrieval and transmission in digital form has influenced the further development of the right to information. In the case of digitalization, the right to information acquires a private-public expression, which is connected with the satisfaction of individual needs and the realization of national interests. Public interests are protected by the mechanisms of information bans and restrictions depending on the content of the information. It is noted that the digital form of information directly affects the change in the essence of individual legal relations and institutions in information law and other branches of law. Digitalization is not a systemic, sequential or structurally homogeneous phenomenon but provides significant sectoral coverage. The possibilities of free search, acquisition, transmission, production and distribution of information determined not only the emergence of remote communication but also the development of the informational component of the rights and freedoms of a person and a citizen for their implementation in a virtual environment, which made it possible to virtualize social processes. Further study of the right to information in the conditions of digitalization is connected with the study of the influence of the Internet on access to information.
Performance of service and combat tasks related to the use of firearms by employees of the national police under the conditions of the state of martial
Authors: Glyan T. D. , Zelenskiy E. S.
Published: February 2024

The article examines the peculiarities and problems of the use of firearms by national police officers under martial law. It takes into account the range of duties and tasks assigned to police officers. Practical analysis of police use of firearms at checkpoints. Legal behavior that regulates the use of firearms by the police has certain peculiarities. Today, police officers try to avoid the use of firearms even in situations where their use is prescribed by law, which sometimes leads to the failure or improper performance of their duties. The article also analyzes cases of police use of firearms at checkpoints and the possible consequences of the use of firearms. They discussed ways to solve the issue of effective and legal use of firearms by employees. Martial law conditions lead to increased danger and risk for state institutions and the entire population of Ukraine. In these conditions, law enforcement agencies work in an intensified mode, carrying out round- the-clock collection and generalization of information. The police patrol the streets, check the documents of suspicious persons and, if necessary, have the right to inspect things, vehicles, luggage and cargo, as well as official premises and citizens’ homes. These measures are aimed at ensuring the safety and protection of the Ukrainian population in the conditions of martial law associated with the armed aggression of the Russian Federation.

Legal safeguards protecting police powers in case of lawful use of firearms are considered, as well as the possible consequences of going beyond what is necessary to apprehend an offender. The use of firearms during martial law is an important matter of public safety and order. This article analyzes the characteristics, problems, and possible consequences of such use and suggests ways to solve them in order to ensure safety and respect the rights and responsibilities of police officers in such situations. In summary, the use of firearms by police officers during martial law requires further research and study, as police officers often operate in extreme circumstances where they must use firearms. The primary purpose of using firearms is to protect the lives of police officers and those in immediate danger. Therefore, it is imperative that this topic is studied in more detail to ensure that firearms are used effectively and legally while keeping all parties involved safe.
Some issues of harmonization of tax and labor legislation in the context of public and private law
Authors: Demenko O. Ye.
Published: February 2024

The article is devoted to the study of some issues of harmonization of tax and labor legislation in the context of public and private law. It has been established that the payment of taxes is a subject of regulation of tax law, and the requirements established by tax legislation are necessary for the obligation to pay taxes to arise.

It was concluded that the spheres of tax and labor law intersect at the point of payment to employees. From the point of view of labor legislation, payment of labor is the right and guarantee of every employee (private legal aspect), and from the point of view of tax legislation, it is a source of income of a natural person subject to taxation (public legal aspect).

Taxes charged on the wages of individuals in the sense of the tax and labor legislation are called “deductions”. It is advisable to amend Art. 110 of the Labor Code of Ukraine and Art. 30 of the Law of Ukraine “On Wages”, expressing them as follows: “At each payment of wages, the employer must notify the employee of the following data related to the period for which the payment of labor is made: a) the total amount of wages with a breakdown by types of payments ; b) amounts and grounds for deductions from wages; c) the amount of wages to be paid; d) amounts of tax deductions”.

Attention is focused on such an aspect of tax and labor legislation as the status of the employer and its role in tax and labor relations. It was concluded that the key characteristics of the employer’s status in the tax aspect will be: a) the presence of an obligation to pay wages as a prerequisite for the obligation to administer the tax; b) the legality of the relationship between the entity performing the work and the entity paying wages (externally expressed in the obligation to conclude an employment or civil law contract). It is noted that the key features of the employer’s status in labor legislation will be: a) positioning as a party to an employment contract; b) the presence of an obligation to pay wages and ensure proper working conditions.
Legal relations in the field of civil status registration: analysis of legal facts
Authors: Karabin T. O.
Published: February 2024

The article describes the peculiarities of registration of legal facts by civil registry offices. The author also analyses the main problems that arise during the registration of civil status acts for persons who are in the temporarily occupied territory and the territory of active hostilities. The article formulates the authors own definition of the category of legal fact, and also defines the category of administrative act; in the context of the topic under study. It is also emphasised that legal facts are registered by a specially authorised body of state or local self-government, which summarises the said action by issuing an administrative act of individual action.

The author comes to the conclusion that today Ukraine has formed a system of registration by civil registry offices. However, due to the introduction of martial law in Ukraine, citizens of Ukraine who are forced to reside in the temporarily occupied territory and the territory of military operations cannot properly use the services of the civil registry office. Unfortunately, the State's efforts to facilitate the registration of legal facts by these persons have not yet been crowned with significant success.

The author believes that it is necessary to develop a strategy for improving the current legislation in the field of civil registration of persons residing or temporarily residing in the temporarily occupied territory and the territory of military hostilities.
The tax system is based on the principle of the source
Authors: Pyroha S. S.
Published: February 2024

The free movement of capital, goods, services and workers between countries creates new challenges for national tax systems. The problem is complicated by the growing importance of intra-firm cross-border trade and complex production chains, the growing contribution to added value of hard-to-assess and easily mobile intangible assets, as well as the growing digitalization of the economy. The interaction of national legislation, international norms and bilateral treaties has formed a very complex international tax architecture. This makes it necessary to distinguish between the countries of origin, residence and destination. The paper analyzes the problems of building a tax system based on the source principle, defines the criteria for identifying the source of income, which is equated with added value, which is determined by the sum of factor incomes – wages and profits. The transition to the application of the balance sheet method of calculating added value automatically identifies the source of income by the place of payment of wages and receipt of profit. The country in which the added value is created clearly determines the place where this value should be taxed. The place of taxation of added value and its components does not depend on the composition and origin of capital, the use of intangible assets, the ownership of shares and any components. All these features of capital must be used in the distribution of the remaining profit after paying all taxes, contributions and fees provided by the law of the source country. Due to the uncertainty of the concept of “resident” and the possibility of residence in many jurisdictions at the same time, the principle of taxation of distributed profits (dividends) based on residence should be replaced by the principle of citizenship. The application of the proposed changes to the Tax Code of Ukraine makes it impossible to transfer profits.
Release from the criminal liabilty for crimes related to criminal influence
Authors: Nikitin A.
Published: February 2024

The article is devoted to the study of the types of exemption from criminal liability for crimes related to criminal influence provided for by the Criminal Code of Ukraine, as well as the regulation of this issue in the draft of the new Criminal Code of Ukraine. It was found that international acts do not establish the obligation of Ukraine to define in its legislation the cases of exemption of a person from criminal liability for committing the specified crimes, but they provide such opportunity. The application of general types of exemption from criminal liability provided for by the Criminal Code of Ukraine for the mentioned crimes is impossible, except for exemption due to the expiration of the statute of limitations. Special types of exemption from criminal liability provided for in the new version of Art. 255 and Art. 255-2 of the Criminal Code of Ukraine, cannot be applied for these crimes either, however, one of the grounds for their application is, in particular, active assistance in the investigation of crimes related to criminal influence. In the draft of the new Criminal Code of Ukraine, developed by the Working Group on the Development of Criminal Law as a part of the Commission on Legal Reform, exemption from criminal liability is not foreseen as a criminal legal remedy in general. However, a literal interpretation of the provisions of the Draft allows considering the provisions of Art. 3.4.2 on exemption from punishment as a partial exemption from criminal liability. At the same time, in relation to a person exempted from punishment, a guilty verdict is issued by court, and he is considered to be on trial. Based on the conducted research, proposals were developed regarding the possible improvement of the grounds for the application of special types of exemption from criminal liability, provided for in Part 6 of Art. 255 and Part 2 of Art. 255-2 of the current Criminal Code of Ukraine, as well as additions to Art. 3.4.2 of the draft of the new Criminal Code of Ukraine as a basis for the application of the exemption of a person from punishment for participating in a gathering of representatives of organized criminal groups.
Logical bases of pre-trial investigation planning
Authors: Kubariev I. , Barhan S.
Published: February 2024

The article reflects on the nature of pre-trial investigation planning, taking into account established views on the forensic version as the only logical basis for this process. The author notes that within the framework of modern criminalistics theory, the forensic version is almost unanimously regarded as the logical basis for investigation planning. A forensic version is an assumption, a hypothesis about certain facts or a group of facts that are relevant to criminal proceedings. However, during the preliminary investigation there is often a lack of information or no information at all. In order to obtain further information, investigative measures have to be planned. Therefore, it does not fully correspond to modern achievements in criminalistics to consider the version as the only logical basis for planning the preliminary investigation. In the traditional sense, the concept of a forensic version often complicates and/or makes it impossible to carry out effective planning due to the absence or contradiction of initial data. Finally, an attempt is made to substantiate other logical foundations of investigation planning, in particular tactical tasks and criminalistics search models. The article contains a schematic presentation of the peculiarities of the pre-trial investigation planning process when using different logical bases. It is also argued that the version is a universal means of cognition and is present in the planning of an investigation using both tactical tasks and the search model. This approach provides the investigator with more opportunities to form a system of measures in a particular criminal case, which increases the efficiency of pre-trial investigation planning and helps to save investigative efforts and resources. The proposals presented in this article do not claim to be safe and are an invitation to experts to discuss them.
Confidentiality of advocate activities
Authors: Ostafiichuk L.
Published: February 2024

The article examines the principle of attorney-client privilege in the system of the principles of the Advocacy and Practice of Law, and also the possibility of using electronic technologies and artificial intelligence by an attorney when providing legal assistance to a client in the context of ensuring compliance with the principle of attorney-client privilege.

It is proved that the principles of the advocacy are the central, leading segments of the principles of the Advocacy, but the «principles of organization and operation of the Advocacy» as a legal institution and the «principles of the Practice of Law» on which the professional activities of attorneys-at-law are based can and should be separated from each other.

It is established that the general prerequisite for distinguishing any principle of the Practice of Law is its significance, general nature, clarity and comprehensibility. The principle of confidentiality in the practice of law is fundamental since this principle is directly enshrined in Ukrainian legislation. However, in terms of observance of the principle of confidentiality of the Practice of Law, it is required not only from the attorney but also from the client to prevent information leakage to other users when using information technologies.

When using the capabilities of artificial intelligence in the provision of legal aid, the author recommends that a separate clause of the contract should be provided for, whether the client allows the attorney to use artificial intelligence technologies in the provision of legal aid and to what extent.

It is concluded that along with the progress and simplification of procedures, uncontrolled use of artificial intelligence by an attorney-at-law may lead to a violation of the principle of confidentiality of the attorney’s practice of law against the will of the attorney-at-law. Under any circumstances, when using artificial intelligence technologies, an attorney-at-law is prohibited from entering any personal data of a client or any other data which may identify the client in order to avoid leakage of confidential information.
Normative content of the right to take part in cultural life: international legal aspect
Authors: Batviniev V.O.
Published: February 2024

The article focuses on the disclosure of the constituent elements of the right to take part in cultural life. It is pointed out that the right to take part in cultural life is enshrined in a number of international human rights instruments (the Universal Declaration of Human Rights of 1948, the International Covenant on Economic, Social and Cultural Rights of 1966, the Convention on the Rights of the Child of 1989, the Convention on the Rights of Persons with Disabilities of 2006, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families of 1990 etc.) It is emphasised that cultural rights are an integral part of human rights and, like other rights, are universal, indivisible and interdependent. It is emphasised that despite the wide recognition of cultural rights, one of the main reasons for the neglect of such rights is the complexity of their definition. It is characterised the approaches to defining the term “culture”. It is noted that culture is a broad, inclusive concept that encompasses all manifestations of human life, such as ways of life, language, literature, music and song, system of religions or beliefs, rituals, ceremonies, art etc. With regard to the right to “participate” and “take part” in cultural life, the author states that it is characterised by three interrelated components: participation in cultural life, access to cultural life and contribution to cultural life. It is established that the right to take part in cultural life also includes five interrelated essential features: availability, accessibility, acceptability, adaptability, and appropriateness. Availability implies that cultural goods and services should be accessible to all. Accessibility includes four key elements: non-discrimination, physical accessibility, economic accessibility, and information accessibility. Acceptability means that states should consult with the individuals and communities involved to ensure that actions to protect cultural diversity are acceptable. Adaptability means that states should adopt a flexible approach to cultural rights and respect the cultural diversity of individuals and communities. Appropriateness implies that a particular right is implemented in an appropriate and acceptable manner in a given context.
Veto power of the UN Security Council members as a tool for blocking the UN activities
Authors: Nichyporenko G.V.
Published: February 2024

The article is devoted to the legal analysis of the use of the veto by the permanent members of the UN Security Council. The purpose of the article is to comprehensively study the principles of minimizing the abuse of the veto power in the UN Security Council.

The article analyzes the current legal framework of the UN Charter regarding the possibility of using the veto power in the UN Security Council. The author examines the legal content of such grounds and analyzes the legal and political motives for such use.

The study identified gaps in the international legal regulation of situations where a particular state openly abuses the veto power in the UN Security Council.

The study of the topic is based on the provisions of the general theory of international law and practical experience of application and interpretation of the provisions of the UN Charter. The article provides specific examples of abuse of the veto power and approaches to reforming the operation of this instrument. The scientific research is based on the analysis of the provisions of international law and the analysis of the actual behavior of states in the international arena.

The publication draws conclusions on potential ways to reform the veto power in the UN Security Council.

The article provides for the coverage of topical issues and regulatory features of the use of the veto power in the context of military aggression.
Informed consent of the patient for medical intervention during biomedical research
Authors: Khymych N. , Korchynskyi O.
Published: February 2024

The article reflects the concept of «informed consent of the patient», indicates the normative regulation and consolidation of this concept, examines the issues of the right to give consent for medical research and the right to refuse to carry it out, analyzes the principle of a person’s free consent in the context of international legal acts, and the relevance of this topic for today is also emphasized.

Human life is a complex and mysterious mechanism that combines physical and spiritual essence. Often, during the entire life path, a person faces various obstacles to his quality existence and comprehensive development. Some of these obstacles already exist in a person from birth, and some may arise during life. In one case, a person can overcome them on his own, in another, he needs the medical assistance of doctors, specialists in the desired direction. More serious obstacles, that is, diseases existing from birth or those that have arisen during life, require comprehensive, targeted treatment, which includes biomedical research or surgical intervention. Important in this aspect is the issue of the consent of a person - a patient to medical treatment and conducting biomedical research, as well as the normative definition and consolidation of such consent.

Having studied, analyzed and researched the issue of «informed consent of the patient for conducting biomedical research», it is possible to come to the unequivocal position that this issue is very relevant and important today. It is mentioned and constantly improved in both international and national legislation. A person repeatedly needs medical assistance during his life.

The right to life and health is guaranteed to everyone by the Constitution of Ukraine and should be unhindered for a person to exercise this right. The process of diagnosis and treatment depends only on the person himself and his free decision. Only with the patient’s consent is this or that study conducted. International legal acts indicate that a person’s failure to consent to medical intervention is considered an interference in his personal private life, a violation of his dignity and freedom.

«Informed consent» includes not only the concept of consent itself, i.e. the free decision of a person, but also an explanation of a specific case or research procedure. And it largely depends on the specialist. Will he be able to convey and explain the patient’s problem, illness, actions correctly, fully and in an accessible form? Yes, free consent is given by a person, but the doctor also influences this decision to some extent. Patients’ freedom in choosing medical care methods is somewhat limited. The patient can choose only among those methods of medical intervention recommended by the attending physician or refuse treatment.

That is why the question of «informed patient consent» will continue to be one of the most debated issues and will repeatedly be an excellent topic for research by young scientists.
Application of Private International Law in Space Travel at a Distance of Light Years Using Future Technologies
Authors: Shyshkaryov K.B.
Published: February 2024

In particular, the article hints at the possibility of conflicts between states due to competition for resources in space, as well as the lack of full regulation of legal aspects in interstellar space. Particular attention is paid to the development of international treaties and mechanisms aimed at resolving these issues and ensuring peace and cooperation in outer space. Such documents can become the basis for creating a single legal space in outer space, where the rights and obligations of all entities will be clearly defined. The article concludes by emphasizing that the development of future space technologies requires a global approach to legal regulation to ensure security and stability in space, as well as the use of these new opportunities for the common benefit of all mankind. The article examines the topical issue of application of private international law to space travel over distances of light years using advanced technologies of the future. Travelling in space over such a vast distance is becoming increasingly realistic due to the development of astronomical research and technological progress. Legal aspects are an important aspect of such travel, as space activities raise numerous legal issues. Private international law defines the legal status of persons and objects in space representing different states. The application of this law requires resolving issues of jurisdiction, ownership, liability, and conflict resolution between different states and space actors. Future technologies, such as high-speed interstellar transportation and expanded habitat modules in space stations, introduce new challenges to the regulation of these issues. The article raises a lot of questions to which answers will still be found, and this process is a process that belongs to the future. At this stage, it is not known who else in the world would raise similar issues in the context of private international law, public international law, and international law in general.
PENYELESAIAN KONFLIK HAK ULAYAT MELALUI SANKSI ADAT (STUDI KASUS MASYARAKAT ADAT DAYAK SIMPANG DUA)
Authors: Fasius Bernica Putri
Published: February 2024

Konflik atas tanah hak ulayat masyarakat adat dengan perusahaan perkebunan sawit masih sering terjadi di kabupaten Ketapang, provinsi Kalimantan Barat karena penggunaan hak ulayat oleh perusahaan perkebunan sawit dilakukan tanpa izin dari masyarakat. Hal ini merupakan salah satu bentuk pelanggaran hukum adat. Penelitian ini bertujuan untuk mengetahui penyelesaian konflik tanah hak ulayat melalui sanksi adat dan untuk mengetahui faktor yang mempengaruhi penyelesaiannya melalui sanksi adat. Penelitian ini menggunakan metode pendekatan yuridis sosiologis. Hasil penelitian dianalisis dengan cara deskriptif analitis. Hasil penelitian menunjukan bahwa penyelesaian konflik atas tanah hak ulayat dilakukan melalui teguran lisan oleh masyarakat adat, pertemuan untuk musyawarah dan mufakat, dan pemberian sanksi adat berupa denda adat. Faktor yang mempengaruhi penyelesaian konflik atas tanah hak ulayat adalah keterlibatan dan pemenuhan kewajiban pemerintah daerah terhadap masyarakat adat, tekad masyarakat adat untuk mempertahankan tanah hak ulayat, jenis sanksi adat yang dijatuhkan adalah denda adat, dan gagalnya upaya-upaya penyelesaian konflik sebelum melalui mekanisme hukum adat.
Aprendizaje colaborativo y Autorregulación: resultados de su desarrollo en aulas internivelares de Educación Infantil y Educación Primaria
Authors: Pascual-Arias Cristina , García-Sanz Eva
Published: February 2024

En las aulas internivelares de los Colegios Rurales Agrupados (CRA) conviven y aprenden alumnos de diferentes cursos de una misma o distinta etapa educativa. Los objetivos de este trabajo son: (a) determinar las ventajas e inconvenientes del aprendizaje colaborativo en las aulas internivelares; (b) evaluar la incidencia del aprendizaje autorregulado en aulas internivelares. Tras un estudio de caso se han obtenido como resultados: (a) el aprendizaje colaborativo tiene más ventajas que inconvenientes en este tipo de aulas; (b) la autorregulación del aprendizaje las aulas internivelares fomenta la autonomía del alumnado, aunque requiere de técnicas e instrumentos que apoyen y faciliten este proceso al alumnado.
Mejorando la escucha activa en Educación Infantil por medio del método de investigación-acción
Authors: San Miguel Prieto Sandra
Published: February 2024

Este estudio nace de la observación de una problemática concreta, como es la falta de escucha en un aula de Educación Infantil. El apartado de introducción recoge lo relacionado con la escucha activa y su vinculación con el ámbito educativo. A continuación, aparece la metodología cualitativa, que enmarca la técnica de investigación-acción empleada durante todo el proceso. A ello le sigue el contexto y la intervención llevada a cabo, con la que se trabaja dicha habilidad, por medio de la gamificación y la narración oral del cuento. Para concluir, los resultados reflejan que con esta propuesta se mejora el porcentaje de discentes, que escuchan cuando la situación lo requiere y se anima a seguir con esta dinámica de trabajo en el apartado de discusiones.
SYSTEMATIC LITERATURE REVIEW (SLR) OF TECHNOLOGY IN MATHEMATICS LEARNING DURING THE LAST DECADE
Authors: Kurniati Ratnah , Sugiarto Sigit , Lestari
Published: February 2024

The use of technology in learning Mathematics in the current digital era is very important. However, knowledge about technology in Mathematics learning is still lacking for the majority of teaching staff. Therefore, it is important to conduct basic research regarding technology in teaching Mathematics. This research is a literature review that aims to review articles about Technology in Mathematics Learning which includes applications, software, platforms, and online course providers used in Mathematics learning. The articles reviewed are English-language articles published from 2013 to 2022 on the Springer database. The process of determining the articles analyzed in this study used the Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA) principles. Based on the results of the analysis, it was obtained: 1) the highest distribution of article publications in 2022, namely 24 articles; 2) the most widely used technologies (applications, software, platforms and online course providers) are GeoGebra and Video (animated videos, learning videos, and video tutorials), Digital Games and Intelligent Tutoring Systems (ITS); 3) the most articles, namely articles with 3 authors, 23 articles; 4) that the countries with the most researchers conducting research on technology in teaching mathematics are the USA and UK with respective percentages of 35.06% and 12.99%; and 5) The publisher that publishes the most articles about technology in Mathematics learning is Digital Experiences in Mathematics Education. Researchers recommend conducting meta-analysis research on the impact of using technology on Mathematics learning.
Meta Analysis: The Effect of Emotional Qoutient (EQ) on Students' Mathematics Learning Outcomes
Authors: Nur Ahmad Hasan , Angriani Andi Dian , Latuconsina Nurkhalisah , Nursalam  , Rasyid Muhammad Rusydi
Published: February 2024

This research aims to determine the influence of emotional qoutient (EQ) on students' mathematics learning outcomes. The type of research used is meta-analysis which is a quantitative research method. Data collection was carried out by searching for relevant articles according to the topic being studied on internet network sites such as Google Scholar, Research gate One Search, Open Knowledge Map, Search, and Microsoft Academic with the keyword influence of emotional quotient on students' mathematics learning outcomes. The sampling technique uses purposive sampling technique. The samples analyzed are research reports that meet predetermined criteria. The instrument used is a coding sheet (coding data). Data analysis was carried out by looking for the effect size value using the summary effect formula. Based on the analysis carried out, it was found that there was an influence of emotional quotient on the mathematics learning outcomes of moderate students with an average effect size of 0.778 and was included in the category. Thus, educators or stakeholders in the world of education can design more holistic learning programs by including EQ aspects to increase the effectiveness of mathematics learning and student learning outcomes.
Application of Mathematics Tree Learning Media to Improve Mathematics Learning Outcomes in Class VIIa Students of SMP Negeri 3 Bontonompo
Authors: Purnama Firda Hadi , Yuliany Nur , Mattoliang Lisnasari Andi , Sriyanti A. , Baharuddin
Published: February 2024

This research is Classroom Action Research (PTK) or Classroom Action Research (CAR), which aims to improve mathematics learning outcomes for class VIIa students at SMP Negeri 3 Bontonompo by applying the mathematics tree learning media. The subjects of this research were class VIIa students at SMP Negeri 3 Bontonompo, with a total of 32 students, consisting of 16 male and 16 female students. This research was carried out in 2 cycles, and each cycle was carried out in 5 meetings, including a test at the end of each cycle. Data collection was carried out using student learning outcomes tests at the end of each cycle, and observations were carried out every time the learning process took place. The collected data was analyzed using quantitative analysis and qualitative analysis. The results achieved after implementing learning actions using the mathematics tree learning media for two cycles were an increase in students' mathematics learning outcomes. This can be seen from the average score of the test results: in cycle I, it was 69 in the high category, increasing in cycle II to 80 in the very high category. According to the observation sheet carried out during the research, there was an increase in students' activeness and activity in the teaching and learning process. Learning using the mathematics tree learning media can create interesting, fun, and meaningful learning situations for students. From the analysis results, it can be concluded that applying the mathematics tree learning media can improve mathematics learning outcomes for class VIIa students at SMP Negeri 3 Bontonompo.
Development of Student Worksheets Based on the Scientific Approach to the Material of Linear Equations and Inequalities of One Variable Class VII Mtsn 1 Binamu Jeneponto
Authors: Firdawati  , Halimah Andi , Sulasteri Sri , Abrar Andi Ika Prasasti , Majid Ahmad Farham
Published: February 2024

This research aims to develop student worksheets based on a scientific approach to material on linear equations and inequalities with one variable that are valid, practical and effective. The development model used is the ADDIE model which consists of the analysis stage, design stage, development stage, implementation stage and evaluation stage. The test subjects in this research were 28 Class VII students at MTsN 1 Binamu Jeneponto. The instruments used in this research were validation sheets, LKPD implementation observation sheets, student response questionnaires, teacher response questionnaires, student activity observation sheets, learning management observation sheets, and learning outcomes tests. Based on the results of the trials that have been carried out, the validation results obtained for the LKPD and other instruments are 3.6 which is included in the "very valid" category. Furthermore, the level of practicality of LKPD is seen based on the average percentage for the implementation of LKPD which has an average of 1.7 with the category completely implemented, for student responses the average percentage is 93% with the very good category, and for teacher responses the percentage is average. 93% in the very good category. The level of effectiveness of the LKPD is seen based on the average for the ability to manage learning which has an average of 3.6 in the good category, for student activity the percentage has an average of 87% in the very active category, and for the learning outcomes test has an average score of 83 in the category tall. Thus, it can be concluded that the LKPD that has been developed and tested meets the criteria of being valid, practical and effective.
Didactic Analysis of Junior High School Students Mathematical Literacy Skill on Space and Shape
Authors: Faizatunnisa  , Tayeb Thamrin , Syah Fazya Auliyah , Khaerani Fahrizah Nurul , Saraswati
Published: February 2024

It is important for learners to have mathematical literacy skills because it can help learners utilize mathematics in real life, solve problems, assess whether the results obtained make sense, and analyze situations and make conclusions. In the Program for International Students Assessment (PISA), there are four mathematics contents: Space and Shape, Change and Relationship, Quantity, and Uncertainly and Data. The purpose of this study is to identify the learning obstacles experienced by students in the Space and Shape content. This study used a qualitative approach using dedactical design research. With 16 learners, this research was conducted at SMP PST Guppi Samata class IX.  The instruments used in data collection are tests and non-tests. The test material consists of questions about mathematical literacy skills level 3, 4, and 6 using flat-sided space building material. The non-test instruments used in collecting data are observation and documentation. Based on the research results, students experience learning difficulties in space and shape content which causes them to be less able to evaluate solutions that have been interpreted.  The percentage shows that out of 16 students in class IX, 10% of them have high math ability, 60% have medium math ability, and 30% have low math ability.  Efforts can be made to start with the habituation of providing basic calculations so that students can answer test questions correctly. After that, motivation can be given and encourage students to be enthusiastic in understanding the concept of critical thinking in applying the context of the problem to real objects.