bluuebunny/crossref_metadata_2025 huggingface dataset:
The Implications of the Heir Determination on Heirs Died at the Time the Stipulation is Filed
Authors: Vista Pranedya Alinea , Nugraheni Destri Budi
Published: December 2024

Proof of being an heir is required in the process of transferring the heir's inheritance. One proof of being an heir is the determination of the heir, who has the right to inherit by a religious court. However, there are disparities in the three judges decisions in determining heirs who have died when the decision is submitted. This article aims to analyze the basis for the judge's considerations in giving different positions to heirs who have died at the time the decision is requested, and the implications for the transfer of inheritance. This research is normative legal research by analyzing secondary data in the form of court decisions and supplemented by interviews with various sources. The research results were then analyzed qualitatively.The research results show that the judge relied on Article 174 KHI in determining heirs who had died when the application was submitted as heirs. This is appropriate, because it is in accordance with the concept of munashakah in jurisprudence, namely handingover the share of an heir who has died to the person who inherited it because he died after the testator and before the distribution of inheritance was carried out. Another determination does not determine an heir who has died as an heir because the heir is revealed by the heir's biological child. The implication of determining an heir for an heir who has died is that it is necessary to determine another heir for the heir who has died.This is because there are conditions that are not met for the inheritance process, namely the identity (KTP) of the heir who has died.died because there are requirements that are not fulfilled for the process of inheritance assets transfer.
Environmental Justice Framework Based on Local Wisdom Model
Authors: Imamulhadi Imamulhadi , Idris Idris , Nuriyah H. Eva
Published: December 2024

Indonesia's environmental justice system currently does not provide environmental law objectively. The philosophy, paradigm, approach, and objectives of environmental law as a regulatory basis are not applied by judges as intended by environmental law theories and concepts. This article aims to find an ideal environmental justice model. By applying a normative-empirical approach and a comparative method, as well as being based on qualitative juridical analysis, this article explores the values and principles contained in the local wisdom of indigenous communities that are relevant to becoming the basis for an environmental court model. This article concludes that the main problem that hampers environmental law enforcement at the court level is that the philosophy, paradigm, and methods of environmental law are marginalized due to the barriers of civil, criminal, and state administrative law regimes. The ideal environmental justice model is one that is based on the local wisdom values of indigenous communities, where environmental courts should be integrated, judged by certified competent judges, independent, and able to accommodate core environmental law theories and concepts.
The Validity of Sale and Purchase of Shares in Relation to Nominee Share Ownership (A Case Study of Decision Number 3041K/PDT/2020 and 765PK/PDT/2020)
Authors: Nadia Siska
Published: December 2024

The validity of capital injection into the Company and the existence of the shareholder nominee structure are closely related and directly impact legal actions, such as the sale and purchase of shares in the Company. There have been multiple instances concerning the sale and purchase of shares associated with Nominee Share Ownership, a practice commonly encountered in various sectors in Indonesia. This research will focus on two cases, namely Decision Number 3041 K/PDT/2020 and 765 PK/PDT/2020. In addressing these issues, the author is interested in discussing the decisions related to the Nominee Structure in Acquiring Limited Liability Company Share Capital and the Validity of Sale and Purchase of Shares in Relation to Nominee Share Ownership in Cases. This writing is normative legal research. The results of the research show that in the Case based on the Decision discussed, the Sale and Purchase of Shares related to Nominee Share Ownership is invalid and is a form of illegal action because it is contrary to the provisions of Article 48 paragraph (1) of the Company Law that the company must be issued in the name of the actual owner. However, the regulation in Company Law itself does not have an explicit prohibition on the nominee structure of shareholders. The nominee structure as an agreement is only valid and binding for the two parties making the agreement and is not binding on third parties, including not binding on the Company that issued the shares.
Viestinnällinen tutkimusmatka toimijuuteen ja tekoälyyn
Authors: Laapotti Tomi , Eronen-Valli Maria , Raappana Mitra
Published: December 2024

Tämä katsaus osallistuu viestintätieteissäkin aktiivisesti käytävään tekoälykeskusteluun toimijuuden käsitteen avulla. Tarkastelemme toimijuutta uuden retoriikan teoriaan perustuvan dialektisen toimijuuskäsityksen sekä relationaaliseen ontologiaan perustuvan toimijuuskäsityksen näkökulmista. Nämä kaksi lähestymistapaa soveltuvat tekoälyn teoreettiseen ja empiiriseen tarkasteluun viestintätieteellisellä otteella.
Kuten lähestymistapojen vertailumme osoittaa, tulee toimijuus määritellä huolellisesti tutkimuksessa: käsitevalintamme ohjaavat (ja rajoittavat) ymmärrystämme tarkasteltavasta ilmiöstä – tässä tapauksessa tekoälyyn liittyvästä toimijuudesta.
Hareketli tabana sahip T-bağlantılı kanal sisteminde akım ve taban özelliklerinin nümerik incelenmesi
Authors: Gümgüm Fırat
Published: December 2024

Alüvyal akarsuların kıyılarına inşa edilen çevirme kanallarında oluşan aşırı sediment birikimi nedeniyle kanalda ciddi sığlaşmalar meydana gelebilmektedir. Bu olgu akım bölünmesi ile birlikte araştırmacılar tarafından sıklıkla laboratuvar deneyleriyle araştırılmaktadır. Laboratuvar deneylerinin fiziksel ve ekonomik limitleri göz önüne alındığında nümerik çalışmaların önemi ön plana çıkmaktadır. Bu çalışmada da laboratuvar ortamında gerçekleştirilen bir deney nümerik olarak modellenerek olarak test edilmiştir. Simülasyon sonucunda elde edilen bulgularda her iki kanaldaki akım ve taban özelliklerinin laboratuvar deneylerinden elde edilen sonuçlarla uyumlu olduğu saptanmıştır.
Implementation of Modern Monetary Theory Through Printing Money as an Economic Stimulus Solution Islamic Perspective
Authors: Nurfaedah Nurfaedah , Mustikasari Molly , Abdullah Muhammad Bin
Published: December 2024

The current Covid-19 pandemic has caused the global economy to stagnate. A significant decline in the rate of economic growth was experienced by almost every country, including Indonesia. Printing money is one solution, but an in-depth study needs to be done considering that there are differences in success when implemented, one of which is in European countries, Indonesia and Zimbabwe. For this reason, the purpose of this paper is to conduct an in-depth study of the correct understanding, mechanism, and application of printing money that can stimulate economic growth from an Islamic perspective. This research approach uses literature study, in collecting data by understanding and studying theories from various literature related to this research. The results of the study indicate that- to solve the problem of the economic crisis, can be overcome by using a printing money policy. This policy has been successfully implemented in developed countries such as America, China, and several European countries so that they can get out of the crisis. The reason for its success is by taking into account the following points: first, the understanding of the modern MMT theory and the traditional MMT theory that both theories agree on the MMT derivative product namely printing money, only that modern MMT accompanies the project-based policy. Second, using the right mechanism where money is used according to its function in the Islamic perspective as a medium of exchange and standard prices where the application of printing money is project-based and is not used to cover consumptive government spending so that the amount of money in circulation depends on the number of goods and services. In production, this condition does not cause inflation. Third, the implementation of printing money is channeled to productive government needs. Automatically the circulation of money in circulation according to the number of goods and services produced.
The Effect of Internal Marketing of Islamic Banks in Palembang City on The Quality of Customer Service With Job Satisfaction as a Mediator
Authors: Setyadi Bakti , Helmi Sulaiman , Mohamad Syed Ismail Syed
Published: December 2024

This study aims to see how the role of job satisfaction as a mediator on the influence of internal marketing on the quality of customer service at Islamic Banks in Palembang City. This study uses a quantitative approach to conduct a descriptive survey. A cross-sectional survey is used in this study. The research sample consisted of 135 respondents, 45 staff, and 90 customers from 9 Islamic Banks in Palembang City surveyed using a structured questionnaire. Data were analyzed using Partial Least Square Structural Equation Modeling (SEM-PLS). The study's findings indicate that internal marketing significantly impacts the quality of services provided to Islamic bank customers.Furthermore, job satisfaction appears to be an essential mediating role in improving the quality of service provided to customers of Islamic Bank. The study's uniqueness is that the developed model met the criteria for the suitability of various approaches, implying that using internal marketing to train employees can improve customer service quality. Islamic banks will be more widely accepted in the community if they use internal marketing strategies and job satisfaction as a mediator in improving service quality.
The Effect of Product Quality and Service Quality on Consumer Loyalty at Palopo Minimarkets
Authors: Fasiha Fasiha , Yusuf Muhammad , Sihombing Humiras Betty Marlina , Mujahidin Mujahidin , Chenini Rachid
Published: December 2024

This research discusses Consumer Implications of Minimarkets' Product and Service Quality Loyalty. This study's primary objective is to determine influence of product quality and service quality on consumer commitment. The type of research used is quantitative research with the research population of all minimarket consumers with sampling techniques using non-probability sampling, the saturated sample technique (census). Data collected using questionnaires were analyzed using multiple regression analysis and for processing data using SPSS version 22. The results of this study showed that the product quality variable (X1) was obtained by the calculated t value  > t  table (3.822 > 2.012) or a significance value of 0.000 < 0.05 and the service quality variable (X2) of the calculated t value > t table (3.329 > 2.012) or a significance value of 0.02 <0.05. So it can be concluded that product quality and service quality have a positive effect on consumer loyalty.
The Acceptance Model of Halal Food Products Toward Indonesian non-Muslim Customers
Authors: Baehaqi Muhammad , Rizana Dani , Cahyono Ragil Setyo
Published: December 2024

The purpose of this study was to determine the model of acceptance of halal food products among non-Muslims in Indonesia. The proposed acceptance model is built through the collaboration of various combinations of theories such as Action Reaction Theory (TRA), Planned Behavior Theory (TPB), and Triandis Model (Triandm). This combination produces a new construct of acceptance model through the variables of inner perspective, the credibility of the halal logo, and habits as latent variables, while the acculturation variable as a mediating variable.The research was conducted in Indonesia with 317 respondents taken using non-probability sampling technique through purposive sampling method in 24 provinces. The proposed model shows positive and significant results. The inner perspective as a construct that represents a combination of norm variables in TRA and TPB, as well as social variables in TRIANDM shows positive results on acceptance and also positive on acculturation. Likewise with the credibility of the halal logo and the habit of convincing with a positive relationship to acculturation, but in relation to acceptance, the habit shows an insignificant value. Acculturation is a very decisive variable in this study, besides having a significant influence on customer acceptance it is also a mediation for other constructs.The findings in this study indicate the alignment of the model in the propositions tested. The research results also prove the theoretical alignment of several combinations of theories. Finally, because it was not found in previous research in a similar study, this research can be a pioneer in formulating an appropriate model of acceptance for non-Muslim consumers in Indonesia towards halal food.
Evaluating Indonesian Islamic Financial Technology Scholarly Publications: A Bibliometric Analysis
Authors: Sofyan Syaakir , Nursyamsu Nursyamsu , Sofyan A. Syathir , Mansyur Abdurrahman , Aisya Sitti , Noval Noval , Nurfitriani Nurfitriani
Published: December 2024

This study aims to examine the development of trends in Islamic fintech studies published in journals under the SINTA category. This paper uses the bibliometric method with Harzing's Publish or Perish analysis tools to collect 121 article metadata on Google Scholar and R Studio and VOSviewer to analyze bibliographic data obtained automatically. The results show that the number of publications on Islamic fintech has increased significantly. The results of the bibliometric analysis found that the authors tend to use the term "sharia fintech" rather than "Islamic fintech." Several research themes that may develop in the future are those related to mobile banking, financial performance, and Internet banking. This study contributes to future research and provides scientific novelty in the assessment of Islamic fintech publications in Indonesia, which are practically and theoretically very important for academics.
Covid-19 Pandemic Moderating The Influence of Competence, Work Motivation and Entrepreneurship Orientation on Business Performance and Sharia Perspective
Authors: Sarwani Sarwani , Suprihhadi Heru , Feriswara Dian , Lestari Damajanti Sri , Listyawati Liling
Published: December 2024

The purpose of the article to analyze and empirically provethat the COVID-19 pandemic moderates the effect of competence, work motivation, and entrepreneurial orientation towards the business performance of SMEs. This study applies an explanatory approach to explain the causal relationship between variables through the hypothesis testing. Research data was collected by utilizing a questionnaire distributed to 130 SMEs and configured in 44 center groups in the city of Surabaya. Data analysis was conducted by Partial Least Square (PLS) approach.” Theresearch finding indicates that the COVID-19 pandemic as a moderating variable of the influence between variables. However, it turns out that not all the relationships regarding the COVID-19 pandemic are significant or strengthening.The empirical findings from the results of this study indicate that the COVID-19 pandemic has had a significant effect on competency, entrepreneurial orientation and business performance, as well as demonstrating the effect of entrepreneurial orientation on business performance.As for the effect of work motivation on entrepreneurial orientation and business performancehas an insignificant effect
Micro, Small and Medium Enterprises Development in The Post COVID 19 Pandemic: Case Study of MSMEs in Indonesia
Authors: Maulana Hartomi , Astuti Rahma Yudi , Ramdani Harahap Soritua Ahmad , Ari Anggara Fajar Surya
Published: December 2024

The regulation of the Ministry of Home Affairs No. 15 of 2021 concerning PPKM had an impact on the operational decline of several important economic sectors including food and beverage, transportation, retail and also the tourism sector. No exception, micro, small and medium enterprises (MSMEs) were also affected. As a result, they have significantly decreased performance of their operational. The objective of this study is to analyses current condition of MSMEs operation in the post COVID 19 crises. A quantitative approach was employed in this study. Around 371 MSME owners were selected as sample of this study. Descriptive analysis with SPSS tools was applied as analysis technique. The results show that there is an impact of COVID 19 on the decline in the performance of MSMEs, particularly Micro and Small businesses. There is a decrease in sales turnover and profit, unavailable or expensive raw materials as well as a reduction in staff or workers. The study suggests the need for capital assistance, relaxation of loan installments and increased sales via online to help continuity of their business in facing COVID19 pandemic.
The Influence of Third-Party Funds and Other Operating Income on Profits of Islamic banking: Financing as an Intervening Variable
Authors: Zaini Faizi , Vitaloka Deffia Dea , Bin Shuib Mohd Sollehudin
Published: December 2024

This study aims to determine the effect of third-party funds and other operating income on profits at Bank Mega Syariah with financing as an intervening variable. This research is a quantitative model using secondary data with a purposive sampling technique. The sample used is the annual report of Bank Mega Syariah for the 2012-2021 period. Data were analyzed and processed using Microsoft Excel and SPSS 25. The results found that third-party funds had a significant effect on financing. Meanwhile, other operating income has no significant effect on financing. Furthermore, third-party funds have a significant effect on net income. Other operating income and financing have no significant effect on net income. Then, financing cannot mediate the effect of third-party funds and other operating income on the net income.
Determinant Analysis of The Role of Islamic Banking in Micro Small Medium Enterprises in The New Normal Period
Authors: Rahmayati Rahmayati , Mujiatun Siti , Khairi Fadhli bin Wan Mahmud
Published: December 2024

The purpose of this study was to identify and analyze the role of Islamic banking in MSMEs in the new normal period because Islamic banking is a financial intermediary institution that has a role in economic development and in this case the focus of research on MSMEs can drive economic activity. Problems in research due to this new normal period need to be studied whether MSMEs increase their income during the new normal period and whether Islamic banking has played a role. This research methodology was conducted using primary data obtained through a survey of 116 business actors engaged in the food business and other businesses located in the city of Medan. The results of this study indicate that MSMEs survive from their own capital in the form of assets and savings owned, even though the interest and desire of MSME actors is very dominant in wanting to transact to obtain assistance in the form of capital from Islamic banking, which is equal to 86%. 52.6% of MSMEs have capital problems in this new normal period. Thus it can be concluded that Islamic banking has not provided assistance to MSMEs in the new normal period and Islamic banking has the potential to increase its role as a financial intermediary institution in the future.
Examining Islamic Spiritual Motives on Online Transportation Business: The Case of Millennial Generation
Authors: Mochlasin Mochlasin , Puspita Rosana Eri , Abdul Hamid Nor 'Adha Binti
Published: December 2024

The transportation sector has contributed significantly to economic activities, especially after the development of digital technology. In the online transportation business, customer satisfaction is determined not only by the functional benefit factor but also by another role often overlooked by actors, namely emotional benefits in the form of spiritual motives. This research aims to analyze the influence of customer value on millennial customer satisfaction and the role of spiritual motives in the influence of customer value on millennial customer satisfaction. This study uses a quantitative approach with a population of all millennial customers on Go-Jek online transportation. Sampling used the convenience sampling method involving 250 millennial customers who live in the Special Province of Yogyakarta, Indonesia. The analysis used in this study is an analysis of variance to test the proposed hypothesis. The results showed that customer value affects customer satisfaction. In addition, the spiritual motive variable strengthens the influence of the customer value variable on customer satisfaction. The study's results recommend that to maintain customer loyalty, one should consider the factors that cause customer satisfaction: technology acceptance, trust, lifestyle, service ethics, and spiritual motives.
Automated Detection of Spine Deformities: Advancing Orthopedic Care with Convolutional Neural Networks
Authors: Pratap Deepesh , Sinha Saran , Kumari A. Charan , Srinivas K.
Published: December 2024

This paper proposes Spine-CNN, a deep learning model for the detection of spinal deformities that can assist orthopedic doctors as a reliable tool for diagnosis. This technology promises to dramatically simplify the diagnostic process, freeing valuable time, and resources for healthcare professionals. To achieve this objective, a dataset of spine deformity X-ray images was curated from the PhysioNet database. The Spine-CNN was specially designed for detecting the spine deformity by incorporating features to leverage its ability to extract intricate features from radiographic images and by fine tuning the hyperparameters to properly train the model. Model performance was evaluated using standard metrics. Results from the Spine-CNN demonstrated promising performance in detecting spinal deformities. The model achieved an accuracy of 74%, with precision, recall, and F1-score values of 77%, 70%, and 73% respectively. Specifically, this research work introduces a Spine-CNN that underscore the potential of deep learning techniques to revolutionize diagnostic practices in orthopedic medicine, leading to improved treatment outcomes and patient care.

Keywords: Computer-aided detection, Convolutional neural network, Image classification, Spine Deformation, X-ray imaging
Nýsköpun í opinbera geiranum – svæðisbundinn munur á höfuðborg og landsbyggð
Authors: Steinsson Daði Már , Ottósson Hannes , Torfason Magnús Þór
Published: December 2024

Gjarna er horft til frumkvöðlastarfsemi og nýsköpunar í einkageiranum í samhengi við þátt nýsköpunar í auknum lífsgæðum. Slík nýsköpun er vissulega mikilvæg, en ekki er síður nauðsynlegt að sá hluti hagkerfisins sem tilheyrir hinu opinbera þróist í takt við nýja tíma. Í þessari grein er til rannsóknar nýsköpun í opinbera geiranum á Íslandi, nánar tiltekið nýsköpun hjá ríkisstofnunum og hjá vinnustöðum á sveitarfélagastiginu. Fræðileg nálgun rannsóknarinnar byggir á kenningum um svæðisbundna nýsköpun og var gagna aflað með ítarlegri könnun sem fram fór meðal opinberra vinnustaða um allt land, bæði hjá ríki og sveitarfélögunum. Í rannsókninni er aðhvarfsgreiningu og myndrænni framsetningu beitt til að bera saman umfang og áherslur opinberrar nýsköpunar á Íslandi eftir landsvæðum og leggja mat á hvernig hún fellur að fræðilegum kenningum um svæðisbundna nýsköpun. Niðurstöður rannsóknarinnar eru að nýsköpun sé minni á hinum landfræðilega jaðri, þ.e. utan höfuðborgarsvæðisins, og eru þær niðurstöður í samræmi við hefðbundnar kenningar um svæðisbundna nýsköpun. En einnig kemur fram í gögnunum að þessi munur er minni þegar kemur að vinnustöðum á sveitarfélagastiginu heldur en hjá ríkisstofnunum, sem fellur að nokkru leyti að nýrri kenningum um nýsköpun á jaðrinum. Þær kenningar leggja áherslu á að margar leiðir eru til að skilgreina samhengið milli kjarna og jaðars, svo sem tengslanet og skipulagsleg atriði. Við skoðum einnig hvaða hvatar liggja að baki nýsköpunarverkefnum og hvaða virði þau eru talin hafa skilað, bæði á höfuðborgarsvæðinu og utan þess.
Administrative and legal status of military administrations as public administration entities
Authors: Tokar A.M. , Havrik R.O.
Published: December 2024

In the scientific article, the authors conducted a scientific study of the administrative and legal status of military administrations as subjects of public administration. The scientific article indicates the approaches to understanding the administrative and legal status of military administrations that have developed in the administrative and legal doctrine. According to the first approach, the military administration is identified with the relevant local executive body, on the basis of which it is created, however, its administrative and legal status changes, in particular, changes occur in the procedure for appointing the head of such an administration, the formation of its composition, in subordination, and there is also a significant expansion of the powers of such a state authority through the granting of its powers to ensure the measures of the legal regime of martial law. The second approach to understanding the administrative and legal status of the military administration involves considering it as a separate system of local public administration bodies alongside such systems as the system of local executive bodies and the system of local self-government bodies; military administrations have both specific powers to introduce measures of the legal regime of martial law, and the powers of those local bodies of public administration to replace which it is created - regional and district military administrations, as a rule, perform the duties of local state administrations, and military administrations of settlements - also the duties of local self-government bodies of the relevant territorial communities. The author team determines that the features of the administrative and legal status of military administrations are: the creation and liquidation of such bodies by the President of Ukraine upon the proposal of the relevant regional state administrations; the involvement of not only employees, but also persons undergoing military and law enforcement public service in their composition; financing depending on what powers are exercised - in accordance with the funds of the state and local budgets; duality in subordination - regarding the performance of functions of a defensive nature, subordination is carried out to the General Staff of the Armed Forces of Ukraine, on other issues - to the Cabinet of Ministers of Ukraine and the relevant higher-level military administration.
Conceptual principles of defining tasks and functions of law enforcement bodies in the system of state power: theoretical and legal dimension
Authors: Bysaga Y.M. , Bielova M.V. , Fridmanskyy R.M.
Published: December 2024

The article provides a comprehensive theoretical and legal analysis of the tasks and functions of law enforcement agencies of Ukraine through the prism of doctrinal research. Scientific approaches to defining the system of tasks of law enforcement agencies and their functional purpose in the state mechanism are analyzed. Special attention is paid to the problem of the lack of a single normative definition of the term «law enforcement agencies» and clear criteria for assigning state agencies to the category of law enforcement agencies.
Various scientific classifications of the tasks of law enforcement agencies were studied, in particular the approaches of V. Belousa, V. Dyachenko, O. Muzychuka, I. Marochkina and V. Afanasyev. Based on their analysis, it was determined that the main tasks of law enforcement agencies are: protection of the constitutional rights and freedoms of citizens, protection of the constitutional order, combating crime, protection of the economic interests of the state and improvement of law enforcement activities. The expediency of differentiating the tasks of law enforcement bodies into primary ones that need to be performed exclusively by professional workers, and secondary ones that can be delegated to public formations is substantiated.
The article analyzes the specifics of the relationship between law enforcement and judicial activities, particularly in the historical context. Attention is focused on the need for a clear distinction between the functions of justice and law enforcement in a modern legal state. It has been established that the formation of the tasks of law enforcement agencies is determined by a number of objective factors, in particular, the needs of the population, the level of development of society, the economic capabilities of the state, and the professional level of civil servants.
It was determined that the main tasks of the law enforcement system of the state are fundamental goals in the organization and activities of law enforcement agencies, aimed at ensuring the security and protection of the constitutional rights and freedoms of citizens, protecting the legitimate interests of the state and society, preserving state sovereignty and territorial integrity, creating effective mechanisms for restoring violated rights and freedoms.
Training and professional development of customs officials: challenges and perspectives
Authors: Cherkunov O.V.
Published: December 2024

The article analyzes the main problems and opportunities facing the customs service in the context of professional training and the qualification enhancement of its employees during their service in customs authorities. In the conditions of globalization, rapid technological development, and constant changes in international trade practices, the quality training of customs officials becomes extremely important.
First and foremost, the article addresses the challenges that customs authorities encounter in organizing training. Among these are insufficient financial resources, the lack of modern training materials and methodologies, as well as the need to adapt training programs to new realities. In particular, emphasis is placed on the importance of integrating new technologies, such as e-learning, which allows for the rapid updating of training materials and provides access to them for all employees, regardless of their location.
The research also analyzes the current process of organizing training within the customs service and the prospects for enhancing the qualifications of customs officials. It highlights the potential for implementing a continuous education system that would enable customs officers to constantly improve their knowledge and skills. Special attention is given to the competency-based approach, which focuses on developing specific customs competencies necessary for the effective performance of official duties.
The article contains recommendations for improving existing training programs and developing new approaches to enhance the qualifications of customs officials. It emphasizes the need for a balanced approach to the development and implementation of a competency and job matrix at the corresponding levels: «Strategic,» «Management,» and «Professional,» the approval of typical job profiles, the development of a list of customs competencies for positions in state service «B» and «C,» as well as the introduction of the professional standard «Customs Inspector» into the curricula of higher education institutions in Ukraine.
The results of the research may serve as a foundation for further initiatives in the professional development of customs officials, positively impacting the effectiveness of their work and improving customs processes in Ukraine.
Problems of ensuring gender equality in the legal regime of martial law
Authors: Shopina I.M.
Published: December 2024

The article determines that the Constitution of Ukraine and the framework Law of Ukraine “On Ensuring Equal Rights and Opportunities for Women and Men” (which takes into account the requirements of a number of international legal acts ratified by our State) do not contain any restrictions on the conscription of women for military service under mobilization during the period of martial law or beyond. However, from the point of view of public support, the decision to extend military duty to women in order to establish gender parity raises certain doubts and objections.
The author emphasizes the data of sociological studies that show a decrease in motivation to serve in the Armed Forces of Ukraine and other military formations during the period of full-scale Russian armed aggression.
The position is substantiated by the fact that the current stage of repulsion of full-scale Russian aggression indicates the need to increase the mobilization reserve of Ukraine by including new categories of persons liable for military service. This necessitates a public reflection on the principle of gender equality in terms of the performance of military duty by men and women. The failures and miscalculations of our state’s mobilization policy indicate the need to find new ways that would be based not on impulsive decisions of politicians, but on scientific grounds. Modeling the desired situation in the field of recruiting Ukrainian citizens for military service requires rethinking the role of women and youth in the defense of the state, which requires broad public discussions, scientific and educational activities, and the development of social advertising that would make sure that women servicewomen have decent conditions for service, including career development.
The author formulates the concept of ensuring gender equality under the legal regime of martial law as a set of legal, political, military, research, pedagogical, organizational and managerial measures aimed at forming parity principles of participation of women and men in repelling full­scale Russian armed aggression, including the performance of military duty.
Protection of rights and freedoms of victims in the conditions of armed aggression of the Russian Federation: modern challenges of legal regulation
Authors: Vorodin S.V.
Published: December 2024

Today, there are many international organizations that monitor the observance of these rights and freedoms and contribute to their protection, in particular courts and tribunals. The basis of the mechanism for protecting the rights and freedoms of man and citizen are legal principles, norms, as well as conditions and requirements for the activities of authorities, local governments, their officials and citizens. All these elements together ensure the observance, implementation and protection of the rights and freedoms of citizens. In Ukraine, the mechanism for protecting rights is implemented through the activities of the Verkhovna Rada Committee on Human Rights, National Minorities and Interethnic Relations, as well as other committees of the Verkhovna Rada that are engaged in ensuring and protecting human rights. After the beginning of Russia’s armed aggression and its full-scale invasion of Ukraine, martial law was introduced, which continues now. Under martial law, the protection of human rights becomes especially difficult. The Constitution of Ukraine and other normative legal acts allow the possibility of restricting certain rights of citizens. However, such restrictions should be justified, temporary and limited in scope, applied in accordance with the principles of democracy and the rule of law in order to protect public interests, maintain public order and security, as well as the rights and freedoms of other citizens. It is important that these restrictions comply with international standards and human rights.
There are three main problematic issues in the field of protection of rights affected population in conditions of full-scale armed aggression against Ukraine:
Evacuation. Since February 24, 2022, measures have been introduced at various levels to evacuate the population from regions where there is a high risk to the life and health of citizens. However, these events differ in nature and organization.
Realization of the rights of internally displaced persons. For a long time, the implementation of the state policy in the field of internal displacement did not rely on sufficient information about the number of internally displaced persons, their socio-demographic portrait and assessment of their needs.
Housing. Despite the response of local authorities to mass forced displacement, and ensuring the placement of people in various formats (in educational institutions, dormitories, etc.), it should be noted that in the future the conditions remain inadequate, there is no proper information from the central authorities about the available places for placement, etc.
Foreign experience of preventing corruption crimes committed by the police
Authors: Vovchenko R.A.
Published: December 2024

The article summarizes the foreign practice of implementing the state policy (strategy) of preventing corruption criminal offenses among the personnel of law enforcement agencies. It was determined that the issue of legality in the law enforcement system of a number of foreign countries is no less important than in Ukraine, allowing a deeper understanding of domestic corruption crime and law enforcement problems, in particular of the National Police of Ukraine, as well as maximizing measures to prevent criminal offenses among personnel.
It has been proven that cases of abuse by employees of law enforcement agencies occur more often in units that lack proper control over the activities of subordinates by managers and the public. In recent years, in most European countries, there has been a trend towards convergence (unification) of criminological initiatives, which is explained both by the intergovernmental coordination of measures to prevent crimes with signs of corruption, and by the active exchange of experience of the measures taken.
It is noted that in modern foreign legislation, the police service is considered as a specific type of public service. Police officers, like other public servants, are required to adhere to strictly controlled disciplinary and ethical norms. For this, in a number of countries, special consolidated rules were adopted - ethical codes, codes of honor of police officers, standards of conduct, model rules, etc. It is emphasized that anti-corruption measures of an organizational and administrative nature play an important role in preventing crimes related to corruption committed by police officers in other countries.
The main directions of ensuring the protection of the law enforcement system against the commission of corruption crimes in other countries include the following: uniform legal standards for the prevention of illegal actions in law enforcement units and services; strengthening the criminal liability of employees in case of committing corruption crimes; professional development for employees of practical units on issues of corruption and behavior in corruption-induced situations.
Gender-based sexual violence in the case law of international tribunals
Authors: Zeynalov Ali Ogly
Published: December 2024

The article states that the concept of sexual violence (both gender-based and non-gender- based) has a very broad manifestation, which is substantiated by the case law of international tribunals. The list of such acts of sexual violence in the judgments of international tribunals is not complete but approximate and includes, in particular, beating, biting, mutilation or other damage to an intimate part of the body, causing another person to have foreseeable fears or fear of acts of sexual violence, in particular through the use of sexual threats; forcing a person to masturbate to himself or herself or another person; forcing a person to witness acts of a sexual nature; forced abortion; forced marriage; forcing a person to undress partially or completely and perform movements, including dancing, exercising or marching naked; examining another person’s private parts or the occurrence of menstrual cycles in women; kissing or licking another person’s body, especially an intimate part of it; touching another person in a sexual manner, such as touching an intimate part of the body, including an intimate part of the body, a weapon or other object.
Based on the analysis of the case law of international tribunals, the author concludes that the concept of sexual violence is gender-neutral in itself, sexual violence may include coercion to engage in appropriate behaviour, in particular, with oneself or with a third party, and may include both physical and non-physical sexual acts, and in determining the existence of sexual violence, one should focus on the victim’s sexual humiliation or deterioration. In addition, sexual violence is understood in the case law of international tribunals through the prism of the victim’s lack of consent.
The author identifies such a material element of sexual violence as a component of war crimes or crimes against humanity as a comparable degree of severity. In particular, an act of sexual violence is considered a war crime during an armed conflict of an international nature if it has a degree of gravity comparable to serious violations of the Geneva Conventions, namely, intentional killing, torture or inhuman treatment, etc.
The legal status of corruption whistleblowers as participants in criminal proceedings: certain legislative gaps and prospects for overcoming them
Authors: Kovalchuk O.B. , Lebid K.O.
Published: December 2024

The article examines the problematic issues of legal regulation of the status of corruption whistleblowers as independent participants in criminal proceedings, reveals the main terminological inconsistencies of normative legal acts regarding the formation of the «whistleblower» category, distinguishes the legal status of a corruption whistleblower from the status of an applicant, victim and witness, analyzes the main legislative gaps and proposes ways of improving the national legislation on granting whistleblowers with separate procedural rights and obligations at various stages of the criminal process.
Taking into account the prospects for the implementation of European standards for the prevention of corruption and the need for the effective functioning of the institute of whistleblowers in Ukraine, it is proposed to: introduce at the legislative level a single (unified) definition of a whistleblower, in particular, a whistleblower should be considered a natural person who, in the presence of the belief that the information is reliable, reported possible facts corruption or corruption-related offenses committed by another person and not to establish a list of types of activities for acquiring whistleblower status, since tying the whistleblower status to specific types of activities may create unnecessary obstacles in practice when the question arises of a person’s fulfillment of this mandatory conditions; distinguish at the legislative level the legal status of the whistleblower from the applicant, the victim and the witness; to separate the concept of «rights» of whistleblowers from their «guarantees»; to ensure the whistleblower’s participation in investigative (procedural) actions as an independent participant in criminal proceedings; introduce a separate procedural decision regarding the recognition or refusal to recognize a person as a corruption whistleblower; to detail and simplify the procedure for paying the reward to the whistleblower; to ensure the payment of remuneration according to the proportional method with the possibility of involving other sources of funds, in addition to the state; to borrow the experience of foreign countries on issues of establishing certain types of punishments for prosecution of whistleblowers and on issues of developing special laws aimed at protecting and supporting corruption whistleblowers.
The place and role of information technologies in forensics
Authors: Kryzhanovskyi A.S.
Published: December 2024

The article examines the place and role of information technologies in criminology based on current legislation. The subject of the study is the regularities related to the nature and features of electronic information, the formation of methods, means and techniques used in the course of detection, fixation (consolidation), research, verification (comparison), and evaluation (processing) of electronic forensically significant information at various stages of criminal judiciary.
The purpose of the work is the formation of a scientifically based concept of the application of information technologies and the circulation of digital data in forensics, based on the patterns of the movement of electronic forensically significant information and its use as evidence. The methodological basis was the method of materialistic dialectics, a systematic approach to the study of information technologies of proof using a set of general scientific and private scientific methods of scientific knowledge: historical, logical, comparative, generalization and classification, analysis and synthesis, deduction and induction, comparative legal, formal legal and legal modeling. It is noted that when using electronic sources of evidentiary information, there is a qualitative change in the information processes taking place in criminal proceedings, and the share of such changes is more and more noticeable and increases every year.
Accordingly, in criminology, it is objectively necessary to develop and improve the foundations of the use of information and communication technologies, which allow them to be scientifically and tactically correctly applied in the process of investigation and trial of criminal proceedings. It has been established that information technologies and the circulation of digital data eliminate the subjective nature of the perception of information when it is used to prove the circumstances of a crime. In the conditions of the dynamic development of information technologies, the transformation of electronic forensic information into evidence in the process of applying these technologies and the circulation of digital data is an actual scientific and conceptual direction in forensics.