bluuebunny/crossref_metadata_2025 huggingface dataset:
Characteristics of review of economic affairs in the appeal procedure
Authors: Podvirna O. , Yakovchuk V.
Published: April 2022

The right to go to court for judicial protection is an institution of procedural law that regulates the grounds and procedure for violation of judicial activity to protect rights, freedoms and interests.

The legislator divided those who have the right to go to court into those who seek protection of their rights, freedoms and interests, and those who go to court to protect the interests of the state, public interests and the rights, freedoms and interests of others.

In recent years, Ukraine has improved procedural legislation, including economic procedural. Law of Ukraine "On Amendments to the Commercial Procedural Code of Ukraine, Civil Procedure Code of Ukraine, Code of Administrative Procedure of Ukraine and other legislative acts of 03.10.2017 № 2147-VIII, Commercial Procedural Code of Ukraine is set out in a new version, which entered into force on December 15, 2017 As a result of this legislative activity, new institutions of the economic process appeared and those that existed before were improved. The institute of appeals has also been significantly updated, as the procedure for filing appeals and cassation appeals has been changed, the deadline for appeals has been extended, changes have been made to the list of decisions of the court of first instance that can be appealed separately. The mechanism of legal regulation of appeals against decisions of the court of first instance in the economic process is based on the decision of the commercial court of first instance.   

In this scientific work the peculiarities of reviewing economic cases on appeal are investigated, the legal analysis of appellate proceedings is carried out. An analysis of decisions that can be appealed separately from the court decision. The signs of appellate proceedings are characterized, the peculiarities of appealing the case to the court of appellate instance are determined, the concepts of appellate, appellate proceedings and appellate stage are formulated.
Institute of Labor Rights Protection as an Element of the Labor Law System
Authors: Gubrienko О.М. , Kostromina O.G.
Published: April 2022

Labor law of Ukraine is one of the most social branches of law, as it not only regulates labor relations, but also ensures the implementation of socio-economic rights of workers. In the new economic conditions, the problem of ensuring the protection of labor rights and legitimate interests of employees is extremely important.

The protection of labor rights is seen in various senses, including as an institution of labor law. It is noted that the protection of labor rights is considered as an independent institution of labor law (narrow understanding of the protection of labor rights), which presents all available in the legal system and possible methods (measures) to protect labor rights.

The Institute for the Protection of Labor Rights is one of the central institutes of labor law. The content of this institute consists of: the content of basic labor rights and human freedoms; forms of protection; methods of protection by which protection is provided; protection procedure; conditions of legality of realization of the right to protection of labor rights and freedoms.

In order to develop an effective mechanism for the protection of labor rights, it is necessary to define the concept of the form of protection of labor rights, its types and methods of protection. The form of protection of labor rights is defined as the procedure for the protection of subjective labor rights and legitimate interests. This procedure includes a set of organizational actions, the list of which depends on the subject of protection and the subject whose rights and interests are protected. The method of protection of labor rights is defined as a specific action aimed at protecting subjective labor rights and legitimate interests or to remove obstacles to the exercise of these subjective rights.
Principles of functioning of the Pension Fund of Ukraine as a vector of its activity
Authors: Veselyi V.S.
Published: April 2022

Legislation provides that the activities of ministries and other central executive authorities are based on principles of the rule of law, ensuring compliance for human and citizen rights and freedoms, continuity, legality, ensuring the unity of public policy, openness and transparency, accountability. As a result, most researches focuses on the study and characterization of these principles of central executive authorities as a whole, than on the individual bodies as independent state institutions.

In this case, the principles underlying on organization and functioning are becoming important for ensuring the effective function of any state authority, its subordination to the interests of society. It's about the basic ideas and requirements which define both its structure, distinctive features of management activities, and the order of relations with the recipients of services provided by this state authority.

One of the fundamental bases of administrative and legal support of the Pension Fund of Ukraine is the principles of its activities. This is due to the fact that any state institution has its origins. It's about their formation and development, about what lies in the main. By using the concept of "principles" is possible to reveal the primary basis or the primary source of activity of the Pension Fund of Ukraine.

This article is devoted to the study of the basic principles of the Pension Fund of Ukraine as a central executive authority in the field of pensions provision. At the same time, the growing number of lawsuits involving the Pension Fund of Ukraine indicates the need to highlight the characteristics of the principles of such authority.

Therefore, the article provides a comparative analysis of the existing definitions of the concept of "principles", considers the essence and classification of the principles of the Pension Fund of Ukraine. Investigated the verification of principles in the field of law and public administration. Also, established the need for systematic action of the principles of functioning of the Pension Fund of Ukraine as a state institution that ensures the effective exercise of power.
Norms of administrative law: a modern view of the features and essence
Authors: Doiar Ye.
Published: April 2022

An attempt is made to analyse the features and essence of the rules of administrative law in terms of recent trends in the doctrine of administrative law. In particular, among the permanent features of the rules of administrative law are the following: are the primary elements of the system of administrative law; have a specific structure due to the sphere of objectification; aimed at the legal regulation of those social relations that constitute the subject of administrative law; their priority goal is to provide conditions for the implementation and protection of individual rights and freedoms in the public sphere; the vast majority of administrative law is imperative, but at the same time, a significant number of administrative law is dispositive in nature, which consists in giving an entity that is not endowed with administrative powers, the right to act at its discretion; implementation is ensured through a system of certain means (state-coercive, stimulating, etc.).

Based on this, it is summarized that the administrative law is the primary element of the system of administrative law, which has a specific structure due to the scope of objectification, aimed at legal regulation of public relations that are the subject of administrative law, with priority to provide conditions for implementation and protection of the rights and freedoms of the person in the public sphere, the realization of which (goal) is ensured by means of a system of certain means (state-coercive, stimulating, etc.).
Tasks and functions of the patrol police as a structural unit of the National Police of Ukraine
Authors: Dronik D.S.
Published: April 2022

The article examines the tasks and functions of the patrol police in the system of the National Police of Ukraine at the present stage of their development as elements of the target component of the administrative and legal status of these subjects of police activity. Patrol police units are defined as independent structural units of the National Police, ensuring and exercising, within their competence, powers in the field of ensuring public security and order, protecting and protecting human rights and freedoms, the interests of society and the state, combating crime and providing assistance to the population, including by preventing, preventing, detecting and suppressing crimes and administrative offenses, as well as ensuring road safety. The author analyzed the current regulatory framework for the functioning of the patrol police in order to determine the main tasks and functions of these units, and concluded that there is insufficient regulatory certainty of these issues. The controversial nature of the action of the Regulation on the patrol service of the Ministry of Internal Affairs, the norms of which do not have a regulatory influence or, on the contrary, are currently regulating a certain range of public relations, is noted, although the terminology used in it and approaches to substantive regulation are outdated, irrelevant and conceptually incompatible with the law enforcement activities of patrol units the police. Based on the analysis of the current legislation, modern scientific research, the author's definition of the functions of the patrol police is proposed, which are grouped into the following types: public service function, preventive function, jurisdictional function, traffic safety function, licensing function. The need to improve the current legislation governing the activities of the patrol police in terms of adopting a departmental normative legal act, which would streamline and ensure the formation of a holistic understanding of the content of their tasks and functions at the present stage of development of police activity, is noted.
Application of personal security measures during suspension and inspection of a vehicle by police employees. legal and tactical errors
Authors: Duma A. , Tupotina D.A. , Bilitchenko V.V.
Published: April 2022

Due to the recent increase in attacks on police officers while serving in Ukraine, their personal safety has become particularly acute and urgent. The largest number of attacks are on police officers who monitor and supervise traffic. This article provides a general procedure for police officers when stopping a vehicle in our country, proposes changes to the state functions of control and supervision of compliance with road safety requirements. In the practice of police, mainly patrol, there are cases when after stopping the car to check the legality of its use, the driver blocks the door locks, raises the glass, refuses to leave the cabin and pass the traffic rules documents. Such behavior of drivers is most often caused by intoxication or lack of the right to drive a vehicle, registration documents. Another reason is the misunderstanding of the Law of Ukraine "On Road Transport" of 05.04.2001 as amended, as of 02.10.2021, namely Chapter 2 "State regulation and control of road transport" in the field of road safety, which lists the grounds to stop the vehicle. Drivers require police officers to provide conclusive evidence of traffic violations, official written documents on special events. In other words, drivers believe that they were stopped illegally, that according to the Law on the National Police of Ukraine, police officers have the right to check documents only at stationary patrol police posts.
Res judicata and related doctrines of finality of judgments: comparative aspect
Authors: Pilkov K. M.
Published: April 2022

The article contains the results of the analysis of the development of res judicata doctrine into a multicomponent doctrine with different meaning in different legal systems of the world, as well as points out the difficulties of distinguishing this doctrine among other doctrines that have claim preclusive or issue preclusive effects. The article focuses on the broad and narrow meaning of res judicata, procedural links that this principle may have with the application of the estoppel rule in court proceedings. The article pays special attention to three doctrines related to res judicata: full faith and credit; election of remedies and law of the case doctrines. The doctrine of full faith and credit in the US procedural law is viewed as a branch of res judicata. In contrast to res judicata, the doctrine of election of remedies is largely based not on respect for the finality of the judgment, but on the principle of estoppel and thus might be applied in order to bar a subsequent cause of action containing claims that are inconsistent with remedies prayed for in the already considered cause of action, rather than to bar the relitigation of already litigated case. The law of the case doctrine, as it has been developed in the US procedural law and adopted in some other countries, in particular India, is related to res judicata in that both are aimed at ensuring legal certainty and the stability of court judgments. However, unlike res judicata, the law of the case doctrine to some degree allows the discretion of the court, or rather its application is discretion based, it is purely procedural and concerns the stability and consistency of the court's rulings in the same case, rather than the conclusive effect of the final judgment for subsequent proceedings. The article argues that these doctrines, especially the election of remedies doctrine and the law of the case doctrine or their elements can be used to address the problems of fairness and consistency of judgments in procedural law.
The essence of the category "integrity of military officials"
Authors: Prylipko M.O.
Published: April 2022

The article is devoted to the definition of the essence of the virtue of military officials.

It was found that the tightening of requirements for the level of legal consciousness, legal culture, law-abidingness of representatives of public authorities is a global trend today. In most civilized democratic countries, a number of restrictions and prohibitions have been established for persons who perform the functions of the state, including for military personnel. The introduction of free access to declarations of persons authorized to perform the functions of the state or local self-government, an increase in attention to the observance of the rules of academic virtue indicate an increase in ethical requirements for the behavior of representatives of the security and defense sector in Ukraine.

The need to implement the above provisions to ensure the good behavior of military officials requires the creation of an administrative and legal mechanism, with the help of which the goals declared by the rule-maker could be translated into the plane of real legal relations. This requires a revision of the provisions of acts of military legislation, which reflect the principles and standards of conduct of military officials, especially those related to relations with the civilian population, as well as the implementation of actions in the performance of their duties that may contain corruption risks.

The virtue of military officials can be considered in several aspects, each of which emphasizes the importance of the phenomenon under study for solving the problems of improving the effectiveness of the functioning of the security and defense sector. In the legal aspect, the virtue of military officials is a set of legal prescriptions that establish their duties, as well as prohibitions and restrictions on their behavior that accompany the entire period of military service. In the information aspect, this type of virtue means the existence of a procedure for disclosing certain information and data about military officials (in compliance with the legislation on the protection of personal data and the requirements of the legislation on state secrets). In the moral and ethical aspect, the virtue of military officials presupposes the existence in society of an established position regarding the inadmissibility of corruption and other manifestations of impiety by persons in military service. In the value aspect, the phenomenon under study means the establishment of high moral qualities and intolerance to corruption as values of society, which are reflected in ethical codes, codes of honor and other documents independently developed and approved in individual professional communities. In the activity aspect, the virtue of military officials can be viewed as a complex of actions, consisting of two main categories: a) those that a soldier is obliged to implement while serving; b) those from which the soldier must refrain.
Problems of legislative payment regulation for the administrative services provision
Authors: Shestak L.V. , Prysiazhnyi V.V.
Published: April 2022

The provision of administrative services is the responsibility of the state. Its proper execution promotes ensuring the realization of the rights and freedoms of citizens, the fulfilment of the powers of state bodies. However, not all administrative services can be provided free of charge. Some of them are paid. The issue of the grounds and conditions of payment for administrative services provided by the state is the subject of scientific research of this article. The authors review the draft law «On Administrative Fees», as well as the provisions of the Law of Ukraine «On Administrative Services» and conclude that it is inexpedient to increase the array of regulations. The authors propose to determine the range of persons who may be exempt from paying the administrative fee, point to the need to improve digital infrastructure and material security of the population; substantiate the expediency of determining the amount of payment for the cost of administrative services not in a fixed amount, but based on the size of variable indicators (minimum wage or subsistence level). The authors consider it expedient to determine the basis for determining the administrative fee, its components, conditions, and cases of collecting the increased administrative fee, periodicity, and grounds for changing its size within certain provisions of the Law of Ukraine «On Administrative Services» and not to adopt new regulations. After all, this Law is the basic document. Within its limits, it is appropriate to provide for the procedure for distribution and use of funds received by the subjects of provision, as payment for services rendered. Such a policy of financial interest will keep the quality of administrative services at the appropriate level and ensure their provision in the short term, which will strengthen the financial stability of the territory.
Grounds for criminalizing a public insult to Ukrainian language
Authors: Kuznetsov Vitalii V.
Published: April 2022

The article examines the issue of a long-term reform of criminal legislation on the criminalization of public insult to the Ukrainian language. It is established that this issue has not been studied in the criminal law theory, and, therefore, requires independent study. The actualization of this issue is connected with the draft laws prepared by the People's Deputies of Ukraine: "On Amendments to Certain Legislative Acts of Ukraine" (on the introduction of criminal liability for insulting the state language and languages ​​of national minorities of Ukraine) (№ 8031 Amendments to Certain Legislative Acts of Ukraine ”(concerning the introduction of criminal liability for insulting the state language and languages ​​of national minorities of Ukraine) (№ 8092 of 09.02.2011),“ On ensuring the functioning of the Ukrainian language as the state language ”(№ 5670-d of 09.06.2017), “On Amendments to the Criminal Code of Ukraine on the Protection of the Ukrainian Language as the State Language” (№ 5670 of June 17, 2021). The authors of the bills assumed that the grounds for such an act criminalizing had been the socio-political situation in Ukraine and, therefore, they determined the need for criminal and legal protection of the Ukrainian language as the state language. The use of comparative, historical and legal research methods allowed us to conclude that the national approach to criminalizing such actions is unique.

The article analyzes the relevant bills and explanatory notes to them, examines the conclusions of experts and, hence, the author's conclusions on the prospects of criminalization of such actions have been made. It was stated that the construction of the model composition of a criminal offense does not comply with the principle of "legal certainty" and needs significant refinement after conducting a criminological study and determining the objective grounds for criminalization of such actions. It is proposed to take into account regulatory legislation when criminalizing such actions (liability should apply only to entities with statutory responsibilities; the scope of certain prohibitions is determined by the responsibilities of such entities) and the provisions of criminal law doctrine (modus operandi in the system of the Special Part of the Criminal Code depends on the object of encroachment; criminalization of the act should not create privileges for criminal protection of one of the languages; criminalization of the act must comply with the principles of the law on criminal liability in space).
Features of the criminalistic characteristics of economic transnational crimes committed with the use of modern computer technologies
Authors: Zavydnіak I.O.
Published: April 2022

The article discusses the concepts and structure of the forensic characteristics of economic transnational crimes committed using modern computer technologies. It is noted that with the help of forensic characteristics in the investigation of transnational crimes, it is possible to: develop effective methods of investigation; construction of programs, versions and investigation algorithm; determination of directions and forms of interaction between the competent authorities of the interested states during the investigation; drawing up a complete and clear request for international legal assistance, taking into account all the characteristics of crimes of a certain category. The structural elements of the forensic characteristics of economic, transnational crimes include: the subject and setting of the crime, the personality (persons) of the criminal.

There are two groups of objects of criminal encroachment: the main (referred to the category of object-related economic crimes); subordinates (referred to as the subjects of crimes in the field of the use of computer technology). Therefore, the subjects of economic transnational crimes committed with the use of modern computer technologies include: computer information; documents for the transfer of funds; various means of access to bank accounts, etc. The material carriers of such items of this category of crimes are: payment order, bank check, plastic payment card of any kind, identification card.

It is noted that the peculiarities of the situation of economic transnational crimes committed with the use of modern computer technology, it is appropriate to consider the scheme: material, technical, spatial, temporal and socio-psychological circumstances of the crime.

It is stated that crimes of this category are usually committed by persons who have a high intellectual and professional level. There are three groups of people who commit economic transnational crimes using computer technology. However, in a more detailed consideration of the characteristics of persons who committed crimes of this category, it is proposed to study them according to the scheme: 1) general features of the offender who committed economic transnational crime, using computer technology and 2) crimes, taking into account the distribution of roles in an organized criminal group.

Given that the forensic characterization of transnational economic crimes committed with the use of modern computer technology is somewhat complex, it requires in-depth theoretical research in various scientific categories - legal, economic, informational and international.
Use of special knowledge in investigation of legalization (laundering) of income obtained by criminal route
Authors: Omelchuk L.V. , Kreminskiy O.V.
Published: April 2022

The article conducts a scientific study of the Institute of Special Knowledge in the investigation of legalization (laundering) of proceeds from crime in the use of virtual currencies; the essence of the category «special knowledge» is defined. The main theoretical and applied aspects of the use of special knowledge in the investigation of legalization (laundering) of proceeds from crime in the use of virtual currencies are identified, the main directions of optimizing the use of special knowledge in the investigation of this type of criminal offense. Recommendations for the optimal use of special knowledge in the conduct of investigative actions, recording their progress and results in the investigation of legalization (laundering) of proceeds from crime in the use of virtual currencies.

In the course of the study, the special knowledge used in the investigation of legalization (laundering) of proceeds from crime in the use of virtual currencies is divided into: procedural and non-procedural (according to the form of application); special knowledge of the expert and special knowledge of the specialist (by subjects of application).

Differences between different forms of special knowledge are established. Thus, the difference between the expert's expertise and the specialist's expertise is that the specialist uses his knowledge to help the investigator set tasks correctly and solve them in the most effective way, and the expert's knowledge is aimed at achieving a positive result in an already appointed expert study. In this regard, the urgent need to involve specialists at the place of investigative (search) actions in the investigation of legalization (laundering) of proceeds from crime, in the use of virtual currencies. The specialist helps to identify, record facts and seize objects, which in most cases are available for perception and clarification during the investigative (search) action. During the examination, the expert provides the seized items and the information obtained from them with probative value, while simplifying the procedure of legal evaluation of the materials collected in criminal proceedings.
Legal forms of implementation of local initiatives in the field of interregional and cross-border cooperation
Authors: Gurchumeliia U.I.
Published: April 2022

The main aspects of development the cross-boarder cooperation on a local and regional level are mentioned in this article. The definition of institutional forms is formed for the cross-boarder cooperation. The issue of cross-border cooperation between executive authorities and local self-government bodies was considered by concluding agreements and implementing joint projects, their roles and participation in such cross-border advisory bodies as intergovernmental commissions, councils and working groups with Hungary, the Republic of Poland, the Slovak Republic and Romania, and identified disadvantages in this area and suggested ways of their elimination.Integration processes and the formation of European Grouping of Territorial Cooperation with participation of Ukrainian and Hungarian self-government bodies are analyzed based on the Transcarpathian experience.Benefits and drawbacks of such an institution of cross-border cooperation as the Interregional Association "Carpathian Euroregion" were identified. Promising ways of its developments and transformation into a successful institution that can compete with other integration associations with the participation of the member states of the European Union are outlined and they were based on the analysis of the achievements and gains of the member countries during the joint 25-year activity.Simultaneously there is an inconsistency of the regulatory framework in the field of cross-boarder cooperation with international law including the inconsistency concerning the settlement of the creation of cross-boarder associations issues and suggestions of its improvement are presented.The topic of the policy of strategic planning of the state development is revealed, Ukraine participates in the existing international strategies and programs, as well as the formation of new concepts of macro-regional development of cross-border territories. In particular, opening new opportunities for Ukraine by chairing the EU Strategy for the Danube Region in 2022, deepening good neighborly relations with EU member states, complementing other initiatives such as the Carpathian Convention, cross-sectoral integration and broad stakeholder participation (national, regional, state and non-state) were involved in the process of creating a new EU Macro-Regional Strategy for the Carpathian region, etc.
Criminal knowledge and prerequisites for their occurrence
Authors: Osipenko I.P. , Yushchenko M.S.
Published: April 2022

The scientific article is devoted to the study of forensic knowledge, examples of their historical application in practice and the preconditions for their emergence. Despite the fact that in our time the achievements of forensic science are widely used in practice, there is a need to get acquainted with forensic knowledge and the prerequisites for their emergence, as the history of development and formation of criminology is closely linked with the latter. Forensic knowledge existed long before forensic science received the status of an independent science. That is why they constitute the content of modern criminology and need further research within the possibilities provided by historical sources.

It has been established that in any period people committed crimes, violated established customs, traditions, rules of conduct, laws and norms. As a result, there has been and continues to be a societal need for conflict resolution, crime detection, identification and punishment. It is for this purpose that special (forensic) knowledge begins to be used and disseminated.

A comparison of different scientific definitions of forensic knowledge is made, as well as the development of human need for the accumulation and use of knowledge, the separation of special knowledge from certain areas for their further application.

It was determined that the emergence and development of forensic knowledge was associated with the need to identify the person who committed the crime and to find out the true circumstances of the crime. Thus, the disclosure of crimes began to involve knowledgeable people who had some knowledge to conduct research on certain processes, phenomena, events using special tools and methods.

In addition, this article discusses some of the provisions of some ancient codes of law, which contain guidelines for the collection, investigation, evaluation of evidence, stages of criminal investigation, and so on. Occasionally, there are examples of historical cases that confirm the conduct and development of medical, chemical, psychiatric examinations, research into the authenticity of coins and documents. The existence of separate institutions is established, which were gradually endowed with expert powers, and later the creation of the first expert institution.

The results of the article emphasize the precedence of forensic knowledge in forensic science, methods and practical areas of use of relevant knowledge, the prerequisites for their emergence.
Concepts and principles of extradition in criminal procedure law
Authors: Ilchenko O.V. , Senchenko S.M.
Published: April 2022

The article examines the concepts and fundamental principles of extradition in criminal procedure law, reveals their essence and problems. Extradition is the extradition of a person to the State whose competent authorities are seeking him or her for prosecution or execution. But the European Convention on the Extradition of Offenders lacks the notion of "extradition" but instead uses the term "extradition", which some scholars see as synonymous, while others see in the term "extradition" a broader meaning. In general, it is necessary to mention the principles of extradition, which in the article there are seven, which is a complete list and their content is fully disclosed.

The article also evaluations  the contradictions between the approaches of scientists to determine the essence of the concept of extradition, but they all have common features. In the scientific literature, extradition can be considered in a broad and narrow sense. In general, the definition of extradition by scientists is more meaningful than the definition used in the regulations of our state.

It should be noted that the procedural status of a person subject to extradition at the level of national legislation remains open and controversial, it is not perfectly defined and entails conflicts and inconsistencies in legal acts. Extradition relations are governed by various branches of law. which is described in detail in the article. It should also be added that the national legislation governing extradition relations needs to be supplemented and the existing contradictions eliminated in order to best implement the extradition process and high-quality international cooperation, as this is an integral part of the extradition institution.

It is noted that extradition is an important element in the fight against transnational crime and aims to reduce its level and in general contributes to improving international relations and quality cooperation between the signatory states of the European Convention on the Extradition of Offenders. Extradition relations are constantly evolving and improving, which best affects the quality of this process and eliminates negative phenomenal in its implementation.
Hearsay evidence as admissible evidence in criminal proceedings
Authors: Ilchenko O.V. , Zinchenko H.S.
Published: April 2022

The article is devoted to the study of problematic issues of recognizing hearsay evidence as admissible evidence in criminal proceedings. Hearsay evidence is a statement made orally, in writing or in another form about a certain fact, which is based on the explanation of another person. The scientific literature points out the imperfection of such a definition due to weak regulatory requirements for such procedural evidence and uncertainty about the possibility of giving the court certain documents by a person who is not the author, or the content of the document she read. In addition, a number of scholars point to the importance of such an institution of evidence in criminal proceedings, as sometimes such testimony from others may be the best evidence available.

Certain contradictions in the conditions of admissibility of using hearsay evidence as a procedural source of evidence, which are enshrined in criminal procedural law, are analyzed. On the example of judicial practice, the peculiarities of the application by national courts of the law on the recognition of hearsay evidence as proof confirming the guilt of a person in committing a criminal offense were considered. Attention is drawn to the need to improve the legislative regulation of hearsay evidence in order to adhere to the principle of direct examination of evidence and presumption of innocence and ensure proof of guilt, which will really help the court to make the right decision and perform criminal proceedings.

It is noted that the use of such testimony as evidence in criminal proceedings is an exception to the general rule and is a rather controversial institution, as in the science of criminal procedure and jurisprudence there is no consensus on the appropriateness of consolidation or its existence in general. It is concluded that it is appropriate to make changes in the definition of "hearsay evidence", the conditions of admissibility of such testimony and the impossibility of interrogation of the person who is the original source.
The role of a judge in the formation of the Ukrainian legal system
Authors: Serdiuk N. , Vangorodska G.
Published: April 2022

Law, as a measure of freedom and justice, is created by the collision of diverse social elements, when the new collective whole can no longer be restrained by simple custom, morality. The divergence of moral convictions makes possible the existence of social cohesion and is reconciled by law, first in the form of the orders of elders, experienced, who act as arbitrators. And later this right becomes a custom and morality, but at the same time it becomes the content of a new morality.

The new law determines only the direction in which the necessary life forms of a new social union should be formed and in which they should eventually take root in the general consciousness. Judicial acts of public authority were the primary source, and later they were included in the generally binding rules applicable to production, distribution and exchange.

Due to the lack of strict law, a judge in Ukraine had a respectable status in ancient times, and trust in him in the early stages of the historical development of procedural law was an integral condition without which trial was impossible. There were no legal norms, and the judiciary had to establish them for each case under consideration, and the judicial process consisted of the creation of a norm and its application. The judge had to decide not only on the case, but also to find a rule of law, not only to judge a particular case, but also to declare in a casuistic form a universally binding provision that would be important for both litigants and the community as a whole.

The main driving force behind the so-called case consuetude there is a kind of assessment of the parties to the dispute and their position in the family, so the decision was made taking into account the person and his economy.

According to the villagers, the advantage of their local court over the state was that the latter, strictly guided by the law, was unable to make a decision that would not contradict the principles of rural life and common sense.

The judge judges good people, whose presence complements the gaps in the process, which undoubtedly arise as a result of general illiteracy, most often of all persons involved in the process, not excluding the judge. Therefore, the record is not written, but orally and is engraved in people's memory.

The inseparability of the judiciary until almost the middle of the 16th century led to the fact that the authority of the court decision was given the status of the person in society who made the decision, rather than its compliance with legal norms.
Judicial protection of citizens' rights in the context of the decision-making procedure of the European Court of Human Rights
Authors: Mishchuk I.V. , Kirichuk B.S.
Published: April 2022

In this article, were analyzed the process of litigation in the European Court of Human Rights. We have found that the problem of informing the public about the role of the court is insufficiently studied and researched. This issue is mainly caused by the fact that the population of Ukraine does not know the real process of litigation in the European Court of Human Rights. We have determined that having the ability to protect your rights in court and being able to do it in an effective way are absolutely different actions.

          Were established that the high authority of the European Court of Human Rights has been gained by continued compliance with the Convention for the Protection of Human Rights and Fundamental Freedoms. The European Court of Human Rights bases his activity onto according to the principle of the rule of law.

          Also we have described in detail the mechanism of functioning of all structural elements of the European Court of Human Rights, from single judje to the Grand Chamber. The single judge can only reach a verdict that your petition is unacceptable. Committees have the competence to analyze petitions if there is a traditional and well-used case law on this category of complaints. This approach to decision-making is operated in cases «Yavoronenko and others v. Ukraine» and «Brenko and others v. Ukraine». The next element of the European Court of Human Rights is the chambers. Unlike committees, chambers deal with complaints with more serious circumstances. This approach to decision-making is operated in cases «Berlizev v. Ukraine» and «Goryaynova v. Ukraine». In most cases Grand Chamber reaches a verdict in exceptionally important cases such as disputes between countries. It is proved that such issues remain especially relevant for Ukraine, primarily due to the military conflict with the Russian Federation. In order to declare its legal position to the world community, Ukraine has to make a regular application to the European Court of Human Rights.
Tan lejos, tan cerca
Authors: Hernández Pérez María Beatriz
Published: April 2022

Dentro de los estudios medievales, la cuestión del espacio en su relación con el género ha sido bien estudiada. Dentro de esa tradición, se analizan aquí dos textos ingleses: Ancrene Wisse, un manual de conducta escrito para tres reclusas de Herefordshire en el siglo XIII; y El libro de Margery Kempe, la autobiografía de una mujer devota procedente de King’s Lynn a principios del siglo XV. Ambas obras demuestran la relevancia de esta relación así como la complementariedad existente en el tiempo entre estas figuras femeninas dentro del paisaje religioso bajomedieval.
A Comparative Study to Assess Adjustment Problems among Adolescents on thebasis of Gender
Authors:   MSc Nursing Scholar, MMINSR, SKIMS, Soura, Srinagar, Jammu and Kashmir, India., Shaban Nazira
Published: April 2022

Background: Adjustment is an important concern during the adolescent stage. It is a behavioural process for maintaining the equilibrium of one’s needs and obstacles offered by the environment. The rapid changes in the contemporary society contribute to adjustment problems among adolescents. Adjusting to constant changes in their internal as well as external environment becomes a major challenge during this stage. This study was conducted to assess the adjustment problems faced by adolescent boys in comparison to adolescent girls in the home, health, social, and emotional areas.Methodology: Quantitative research approach with a comparative descriptive research design was used to assess and compare the adjustment problems among adolescent boys and girls. Convenience sampling technique was used to collect the data from the 100 adolescent students (50 boys and 50 girls) using Bell’s adjustment inventory by RK Ojha. Results & Conclusion: Data analysis revealed that there is a significant difference in the adjustment problems among adolescent boys and girls (p = 0.019). On comparison, adolescent girls have been found to be suffering from more adjustment problems (mean ± SD = 66.84 ± 16.853) than boys (mean ± SD = 58.60 ± 17.682). No significant association could be found between the adjustment problems of boys with residence, type of family, education of parents, occupation of parents, and religion, while a significant association could be found between adjustment problems among girls and type of family (p = 0.02).
A 22 Year Old Female Case Scenario: Veno-venous Extracorporeal Membrane Oxygenation
Authors:   MSc Nursing, Fortis Escort Heart Institute, New Delhi, India., . Chandni
Published: April 2022

ECMO (Extracorporeal membrane oxygenation) is one of the epic innovations of medical science to support the life of a human, in various conditions of lung failure, where it is difficult to maintain oxygenation of the body. ECMO was considered a very good option for conventional cardiopulmonary bypass technique and evolved into treatment of severe acute respiratory distress syndrome (ARDS) during the 1970s. Many kinds of research have been done on a similar topic. The initial reports on the utilisation of ECMO in ARDS patients were very exciting, and afterwards, ECMO proved to be certainly advantageous in infants having acute respiratory failure with a survival rate of almost 80%. There were two large randomised controlled trials, done during the period of 1979-1994 in adults with ARDS, that showed the failure of ECMO, with the survival rate range between 10% to 33%in the ECMO groups. Since then, ECMO treatment for ARDS patients has undergone further advancements by combining with lung-protective ventilation strategies and further by applying heparin-coated equipment, membranes, and tubings. Many healthcare facilities have used this advanced ECMO technology and achieved survival rates of more than 50%. However, whether improved ECMO can really challenge the advanced conventional treatment of adult ARDS is still a matter of debate and needs further studies.It was seen that acute respiratory failure requires intensive care. In few cases where ventilator support doesn’t prove effective, only the option of V-V ECMO remains. The present article describes the case of a 22-year-old female patient who was admitted with severe acute respiratory distress syndrome with associated multiple organ failure. The patient was admitted to the emergency of the Fortis Hospital with suspected acute kidney injury of unknown aetiology. After the initial 4 days of diagnostics at the ward, the patient required a further 24 days of hospital treatment and spent 16 days at the Intensive Care Unit. There, she underwent ECMO V-V therapy, lasting 14 days, which resulted initially in the improvement of his arterial blood gas parameters and clinical condition but later on, she developed pneumothorax and her condition worsened day by day gradually becoming critical.
Effect of Computer-Assisted Instructions on Staff Nurses about Renal Dialysis for Chronic Renal Failure Patients
Authors:   RKDF  College  of  Nursing,  Bhopal,  Madhya Pradeshs, India., Oriel Abha
Published: April 2022

Background: The present study was conducted to assess the effect of computer-assisted instructions on the knowledge gain of the staff nurses on renal dialysis for chronic renal failure patients. Methods: An experimental design was chosen with pre-test and post-test of the experimental and control group. The sample comprised 60 registered staff nurses divided into two groups - 30 in experimental group and 30 in control group. The tools used for conducting the study included demographic variables, and self-structured questionnaire to assess knowledge of experimental and control group. The experimental group was given computer-assisted instructions as an intervention and the control group was used only for comparison. The data was analysed with the help of descriptive and inferential statistics. Result: The study clearly shows that there was a significant gain in the knowledge of staff nurses in experimental group with computer-assisted instructions regarding renal dialysis for chronic renal failure patients.Conclusion: The staff nurses can be benefited by computer-assisted instructions to improve their knowledge and practice on renal dialysis for chronic renal failure patients and they can practice these interventions in clinical area in the future.