bluuebunny/crossref_metadata_2025 huggingface dataset:
DETERMINANTES FINANCEIROS DA ADERÊNCIA DAS EMPRESAS BRASILEIRAS DE CAPITAL ABERTO AOS PROGRAMAS DE PARCELAMENTOS TRIBUTÁRIOS
Authors: Viana Renata Kaori Tani , Esteves Henrique Suathê , Pessanha José Francisco Moreira
Published: September 2024

O objetivo desta pesquisa foi verificar a relação entre a situação financeira das empresas e a aderência aos programas de parcelamentos tributários especiais. O objeto do estudo foi o Programa Especial de Regularização Tributária (PERT), cuja discussão atual caminha para uma possível reabertura do programa. A amostra inicial foi composta por 300 companhias brasileiras de capital aberto listadas na Brasil, Bolsa, Balcão (B3). Para aferir a situação financeira das empresas, foram considerados elegíveis 44 indicadores financeiros e de mercado. Foi utilizada a técnica estatística da regressão logística, com aplicação do critério de informação de Akaike (Akaike information criterion, AIC), dos pesos de Akaike (Akaike weights, AICw) e da força da evidência (evidence ratio) para aferir a qualidade do ajuste dos modelos aplicados. Os resultados apontaram que os fatores financeiros de liquidez, rentabilidade, endividamento e mercado, analisados individualmente, ajudam a explicar a aderência aos programas de parcelamentos. Quando combinados no mesmo modelo, os indicadores “retorno sobre o patrimônio líquido médio” e “dívida de curto prazo sobre dívida bruta” são os que melhor explicam as chances de aderência, sem a necessidade da inclusão dos outros indicadores testados. A contribuição esperada da pesquisa está na identificação de variáveis explicativas para construção de modelos preditivos pelo governo, permitindo a identificação dos reais impactos na arrecadação, fundamental para o planejamento de lançamentos de programas futuros.
ANÁLISE DA NARRATIVA DE COMPLIANCE COMO ELEMENTO LEGITIMADOR NO RELATÓRIO DA ADMINISTRAÇÃO DAS INSTITUIÇÕES BANCÁRIAS MOÇAMBICANAS
Authors: Quiraque Elcidio Henriques , Barbosa Marco Aurélio Gomes , Machado Daiane Pias , Silva Leticia Medeiros da
Published: September 2024

Esta pesquisa foi realizada com o objetivo de analisar a utilização da narrativa de compliance como elemento de legitimação moral no relatório da administração das instituições bancárias Moçambicanas. Para o alcance do objetivo proposto recorreu-se à abordagem qualitativa por meio da análise de relatórios administrativos de onze instituições bancárias de Moçambique do ano de 2019. As categorias de análise foram criadas mediante uma relação entre as formas de legitimidade moral de Suchman (1995) e os pilares de compliance descritos por Assi (2018). Os achados da pesquisa demonstraram que as instituições bancárias de Moçambique se valem da narrativa de compliance para ganhar, manter e recuperar a legitimidade moral. As estratégias de análise de riscos, treinamento e comunicação e suporte da alta administração foram as mais utilizadas para a legitimidade organizacional das instituições bancárias de Moçambique, ao passo que as estratégias de auditoria e monitoramento e investigações internas foram as menos evidenciadas. Assim, concluiu-se que os gestores das instituições bancárias reforçam a imagem positiva da organização para seus interlocutores utilizando, em maior proporção, estratégias de manutenção e ganho de legitimidade moral.
Remarks on pseudocovering spaces in a digital topological setting: A corrigendum
Authors: Han Sang-Eon
Published: September 2024

After investigating some properties of the original version of a pseudo-(k0,
k1)-covering space in the literature, it appears that a pseudo-(k0,
k1)-covering space is equivalent to a digital (k0, k1)-covering space.
Hence, as a corrigendum to [7, 9], the paper first revises one of the three
conditions for a pseudo-(k0, k1)-covering space, which broadens the
original version. After that, we suggest some examples for the revised
version of a pseudo-(k0, k1)-covering map. Since the revised map is so
related to the study of several kinds of path liftings, this new version can
facilitate some studies in the field of applied topology including digital
topology. We note that a weakly local (k0, k1)-isomorphic surjection is
equivalent to the new version of a pseudo-(k0, k1)-covering map instead of
the original version of a pseudo-(k0, k1)-covering map. The present paper
only deals with k-connected digital images (X, k).
Calibration estimator of population mean in stratified extreme ranked set sampling with simulation study
Authors: Çetin Arzu , Koyuncu Nursel
Published: September 2024

Calibration estimation sets the original weights to include the known
population characteristics of auxiliary variables using constraints. In this
article, we have proposed a new calibration estimator of the population mean
in stratified extreme ranked set sampling design, which is more efficient
and costeffective design against other sampling designs in the literature. A
detailed simulation study is carried out to observe the performance of
proposed estimators. We have used the information of auxiliary variable to
avoid ranking errors in our simulations. We have created samples from a
bi-variate normal distribution with different values of ?xy. While one of
these variables is taken as the variable of interest, the other is accepted
as an auxiliary variable and used in ranking the sample units in each set.
As a result of the simulation study using both synthetic and real data sets,
we have found that our proposed estimators are more efficient than Sinha et
al. [19] calibration estimator and classical stratified estimator.
Resolvent operator technique and iterative algorithms for system of generalized nonlinear variational inclusions and fixed point problems: Variational convergence with an application
Authors: Balooee Javad , Al-Homidan Suliman
Published: September 2024

This article is devoted to investigate the problem of finding a common point
of the set of fixed points of a total uniformly L-Lipschitzian mapping and
the set of solutions of a system of generalized nonlinear variational
inclusions involving P-?-accretive mappings. For finding such an element, a
new iterative algorithm is suggested. The concepts of graph convergence and
the resolvent operator associated with a P-?-accretive mapping are used and
a new equivalence relationship between graph convergence and resolvent
operators convergence of a sequence of P-?-accretive mappings is
established. As an application of the obtained equivalence relationship, we
prove the strong convergence and stability of the sequence generated by our
proposed iterative algorithm to a common element of the above two sets.
These results are new, and can be viewed as a refinement and improvement of
some known results in the literature.
A Young Girl with Diffuse White Papules: A Quiz
Authors: Guo Jianfeng , Xu Junzhu , Liu Zehu , Lai Laigui
Published: September 2024

Abstact is missing (Quiz)
ANTIOXIDANT ACTIVITY OF ENDOPHYTIC BACTERIA ORIGIN FROM ENDOCARP OF COCOA POD HUSK
Authors: Marlyati Dwi Rinda , Chusniasih Dewi , Nurhayu Winati
Published: September 2024

Cocoa (Theobroma cacao L.) is one of the leading commodities in Indonesia. Cocoa pod husk is part of the mesocarp or part of the cacao pod husk that wraps the cocoa beans. Endophytic bacteria are microbes that live in host plant tissues and do not interfere with host plant growth. This study aimed to determine characteristics of endophytic bacterial isolates contained in endocarp cocoa pod husk and to determine the antioxidant power of endophytic bacterial isolates contained in cocoa pod husk. Isolation of endophytic bacteria from the inner pod of cocoa which be expected to produce antioxidants has been carried out. Isolation of bacteria using surface sterilization method. Antioxidant test using DPPH method (1,1-diphenyl-2-picrylhydrazyl) with UV-Vis spectrophotometer at 600 nm. Two isolates out of four endophytic bacteria were obtained from the results of the preliminary test of phenolic tests, namely isolates of bacteria KK2 and KK3 which had different colony morphology. The results of the secondary metabolite test showed that the bacterial isolates KK2 and KK3 contained flavonoids and phenolics. Based on the test results, the value of IC₅₀ of bacterial isolate KK2 was 2104.58 ppm and KK3 bacterial isolate was 1123.04 ppm. The highest antioxidant activity was possessed by bacterial isolate KK3 and was classified as a very weak antioxidant.
Tele Rehabilitation Procedures Using Mobile for Physiotherapy Services
Authors: TS* Muthukumar , GA Veronika , V Nithya
Published: September 2024

Telerehabilitation is a part of the telehealth revolution, a concept which was first described in 1997 by the World Health Organization as “the use of electronic information and telecommunication technologies to support and promote long-distance clinical health care, patient and professional health-related education, public health and health administration. Rehabilitation is a major element of health sciences, and is the process of restoring an incapacitated individual to a normal life through training and therapy. Worldwide, 2.4 billion people may currently require rehabilitation. In 60 to 70% countries, existing rehabilitation services have been disrupted due to the corona virus disease 2019 (COVID-19) pandemic. Even after lockdowns and with vaccinations, some form of physical distancing is likely to be part of the new normal. Contemporaneously, there is an exponential growth of telehealth. This global overview will demonstrate that telerehabilitation is likely to be a distinct standalone sub specialty of tele health.
Navigating Physiotherapy Advice: Understanding the SpatioTemporal Dynamics of Pain Factors in Chronic Musculoskeletal Disorders
Authors: TR* Alagappan , A Thiyagarajan
Published: September 2024

Chronic musculoskeletal disorders (CMSDs) represent a notable concern in public health, often resulting in enduring pain and disability. The intricate interaction of various factors plays a role in the persistence and intensity of pain felt by individuals. The spatial and temporal characteristics of pain-related factors, which refer to how pain changes over time and location in the body, are essential but frequently overlooked in the perspectives of both patients and healthcare providers. The traditional dichotomous approach in physiotherapy, which involves the categorization of activities or behaviors into either beneficial or harmful, is inadequate in addressing the complex and multifaceted nature of chronic skeletal disorders. By adopting a more individualized and perceptive strategy, incorporating detailed assessments, and leveraging advanced technologies, healthcare providers can offer more effective and sustainable interventions.
Role of Non Cultured Keratinocyte Graft with Sucralfate in Second Degree Scald Burns
Authors: SS Subramaniyan , RK* Chittoria , JS Amrutha
Published: September 2024

Normal wound healing is a complex process involving three phases namely inflammatory, proliferating and remodeling. Studies have shown that sucralfate has beneficial effect on ulcers, skin lesions, burn wounds by promoting healthy granulation thereby preparing the wound bed. Whereas non cultured kertinocyte graft has proven to promote epithelialization of the wound. In this study we used non cultured keratinocyte graft with sucralfate in a paediatric patient with burn wounds on face.
Sickle Cell Gene Frequency Analysis in Visapur, District Chandrapur: A Case Study of Single Village from Central India
Authors: S Lingojwar , N Hegde , A Lingojwar , D* Lingojwar
Published: September 2024

Sickle cell anemia burden is generally studied by calculating how many sickle cell carriers are found in specific diagnostic camps based on combination of screening test and confirmatory tests i.e. sickle cell carrier prevalence method. Where as actual total numbers of alleles can be estimated by combining data of how many carriers and homozygous patients are found in the confirmatory testing camps, which is a gene frequency calculation method. Aim of this study is to compare prevalence and gene frequency calculations for one village data, for study conducted in year 2005 at Visapur village, Chandrapur district, Central India. Sampling was done in village school followed by screening and confirmatory testing at field work laboratory at Ballarpur city which included solubility test, hemoglobin estimation, hemoglobin electrophoresis using cellulose acetate membrane method followed by pedigree analysis after parent studies. This is a sickle cell anaemia study of single village data point. Out of total population of the village, 6.68% population were randomly studied. Total registrations done for 755 individuals and out of that total 628 individuals were tested (N = 628, 293 were females and 335 were males) for solubility tests followed by haemoglobin electrophoresis. For socioeconomically disadvantages groups, it was noted that out of 628 individuals, tribals were 111 and non-tribals, 517. Out of total tested, N=628, SCD homozygous status were found in 7 cases (Hb S+S electrophoresis pattern). In 87 cases sickle cell carrier status (Hb A+S electrophoresis pattern) were observed and in remaining 534 individuals, non-sickle cell status observed i.e. Hb A+A electrophoresis pattern. Based on this sickle cell prevalence observed for total tribal and non-tribal is 13.85% After classifying tribal Vs non-tribal population, 7 homozygous patients were found in non-tribal communities, 5 in Schedule caste, 1 in OBC and 1 in open category, there is no SCD patient found in tribal community. Out of 50 sickle cell carriers, 7 were found from tribal community and remaining all 80 belongs to non-tribal community. Out of which, 49 are from scheduled cast and 31 from OBC community. After studying sickle cell prevalence and gene frequency pattern, it is found that gene frequency gives more accurate status of sickle cell anaemia even in small population size, i.e. independent study of single village, as compared to estimation sickle cell anemia using sickle cell carrier prevalence method.
Knowledge of Hepatitis-B Management and its Prevention among the Senior Staff Nurses Working at Bangabandhu Sheikh Mujib Medical University (BSMMU)
Authors: D Begum , MD Rozario , M Nasrin , H* Akter , T Gharami , M Dina
Published: September 2024

Background: Hepatitis B, caused by the Hepatitis B virus (HBV), presents a significant global health challenge, especially in regions like Bangladesh where its prevalence is intermediate. The virus is transmitted through percutaneous or mucosal exposure to infectious blood or bodily fluids, posing a substantial risk to healthcare workers. Hepatitis B can lead to severe liver diseases if untreated. In Bangladesh, the burden of Hepatitis B is high, necessitating urgent intervention, particularly among healthcare professionals such as senior staff nurses who are on the frontline of managing and preventing the disease. Methods: This cross-sectional study assessed the knowledge levels of 210 senior staff nurses at Bangabandhu Sheikh Mujib Medical University (BSMMU) regarding Hepatitis B management and prevention. A structured questionnaire, translated into Bengali, was used for data collection through structured interviews. Convenience sampling was employed, and data were analyzed using SPSS (Version 24.0). Descriptive statistics and t-tests/ANOVA were used to explore the relationship between socio-demographic characteristics and nurses’ knowledge about Hepatitis B. Ethical clearance was obtained from the Institutional Review Board (IRB) of BSMMU. Results: The majority of respondents were female (70%), aged below 30 years (59.5%), and had basic nursing education (89.5%). Most had 1-10 years of work experience (89%) and earned less than 35,000 BDT monthly (78.1%). Regarding vaccination, 64.3% had completed it, 26.7% were partially vaccinated, and 9% were unvaccinated. Occupational exposure to blood or body fluids was reported by 73.3% of nurses. Knowledge about Hepatitis B infection, transmission, and prevention was generally high, with 85.44%, 89.14%, and 85.11% of nurses demonstrating good knowledge in these areas, respectively. Marital status and vaccination status were significantly associated with higher knowledge levels (p < 0.05). Conclusion: Senior staff nurses at BSMMU exhibit substantial knowledge about Hepatitis B infection, transmission, and prevention. However, misconceptions persist regarding non-transmission routes and some preventive measures. Married nurses and those with complete vaccination status demonstrated higher knowledge levels. These findings highlight the need for targeted educational interventions to address knowledge gaps and reinforce preventive practices among nurses. This study underscores the importance of continuous education and vaccination programs to enhance the effectiveness of Hepatitis B management and prevention efforts in healthcare settings.
Assessment of Heterosis in Inter-varietal Hybrids of Mangalore Melon (Cucumismelo var. acidulus) for Yield and Quality Traits
Authors: Shet Ratnakar M. , Shantappa T. , Satish D. , Kumbar Shivadatta
Published: September 2024

Mangalore melon is one of the distinct class of Cucurbitaceae family widely grown in southern part of India. Despite of having many nutritional values, there is scope for systematic hybridization study to improve the many qualitative and quantitative traits. An investigation was undertaken to develop inter-varietal hybrids and their evaluation to assess the extent of heterosis in newly developed  hybrids between  selected genotypes of Mangalore melon during kharif, 2019 and 2020 at College of Horticulture, Sirsi, Karnataka, India. A total of 16 intervarietal hybrids were developed by crossing 15 parental lines. Hybrids were developed using hand emasculation and hand pollination technique and the developed hybrids were evaluated using RCBD design with two replications. The results showed significant positive heterosis over mid parent and better parent for all the hybrids. The hybrids Soubhagya×RNMS-1 exhibited highest and significant heterosis over both mid parent (88.05%)  and better parent (72.69%) followed by MS-19×MS-5 over mid parent (73.09%) and better parent (61.10%). From this study, it was concluded that hybrid Soubhagya X RNMS-1 was superior over their parents for most of the traits with the total yield of 8.44 kg plant-1. These best performing hybrids are need to be studied for their stability and commercial exploitation, resistance of pest and diseases, keeping quality of hybrids (storability) and experimentation on hybrid seed production technologies as well as storability of seeds should be done.
Análise de interações simuladas da prova oral do exame Celpe-Bras
Authors: Beckhauser Alex Sandro , Sousa Rianne de Souza e
Published: September 2024

Este artigo tem o objetivo de analisar as justificativas das notas de avaliadores interlocutores e avaliadores observadores em um simulado da interação face a face do exame Celpe-Bras. Os avaliadores são 3 estudantes de cursos de licenciatura que atuam no Núcleo de Línguas do Idiomas sem Fronteiras da Universidade Estadual de Feira de Santana (NucLi-IsF/UEFS) em um curso preparatório para o exame Celpe-Bras. Cada professor realizou 4 entrevistas semiestruturadas ao final de cada interação simulada, a fim de garantir os encontros possíveis com cada um dos examinandos. Os resultados revelam um alto índice de semelhança na atribuição das notas, mas critérios de classificação distintos. Evidenciou-se também incertezas quanto à pontuação apresentada, ensejando um debate em torno da subjetividade da avaliação e da importância de refinar melhor os critérios para aumentar a confiabilidade do processo.
Política Curricular para formação linguística intercultural
Authors: Rocha Sandro Silva , Monte Mor Walkyria
Published: September 2024

Este artigo apresenta um resumo de dois levantamentos feitos por Leffa (1999) e Rodrigues (2016) acerca das legislações que modificaram as políticas curriculares de ensino de línguas estrangeiras em âmbito nacional. De forma comparativa, procura-se fazer um levantamento de legislações vigentes na região de São Paulo e em outros países, constituídos por uma diversidade linguístico-cultural inerente ou em decorrência de intensos fluxos migratórios. Para analisar os resultados desse levantamento, utiliza-se de algumas ferramentas teóricas propostas por Hall (1997), Castro-Gómez (2007), Monte-Mór (2013) e Spolsky (2016). Os resultados mostram que a legislação brasileira para o ensino de línguas estrangeiras, apesar de ter valorizado o plurilinguismo em alguns momentos, em outros, especialmente o momento atual, tem submetido os seus educandos a um monolinguismo e monoculturalismo, resultante do processo globalista de americanização do mundo. Os resultados também demonstram a necessidade da existência de investimentos e de instrumentos para exigir a fiscalização da implementação eficaz dessas leis.
Cathepsin K Expression is Upregulated Following Micropulse Vibration Stimulation of Osteoclasts Cultured in Vitro
Authors: Villasis-Sarmiento Luis Humberto , Mesa-Momge Ana María , Villanueva-Arriaga Rosina Eugenia , Molina-Frechero Nelly , Massó-Rojas Felipe , Páez-Arenas Araceli , Ondarza-Rovira Ricardo , García-López Salvador
Published: September 2024

Aim: To evaluate osteoclast inhibition following micropulse vibration and the effects of micropulse vibration on the expression of IL-1β, TNF-α, and RANKL in osteoblasts and osteoclasts and that of cathepsin K (CatK) in osteoclasts cultivated in vitro.
Materials and methods: Primary murine osteoblasts and osteoclasts were cultured in vitro and stimulated with an AcceleDent Aura device for 20 min per day for 0 to 96 hours, with microvibrations of 0.25 N/30 Hz. Subsequently, the levels of IL-1β, TNF-α, and RANKL in the supernatants of the culture medium of both types of cells were measured by enzyme-linked immunosorbent assays (ELISAs). In addition, the level of CatK in osteoclasts was evaluated by flow cytometry.
Results: Microvibrations significantly upregulated IL-1β and TNF-α expression and downregulated RANKL expression in osteoblasts compared with the corresponding expression in the control group. Compared to those in the control group, osteoclasts treated with microvibrations showed significant downregulation of IL-1β, TNF-α, and RANKL expression. CatK levels in stimulated osteoclasts were increased compared to those in the control group.
Conclusion: The type of microvibration applied in this study inhibits osteoclastogenesis and upregulates the expression of CatK, an enzyme that induces bone matrix degradation in osteoclasts cultured in vitro, which stimulates bone formation by osteoblasts and accelerates bone mineralization.
Modern bioethical issues in the context of the basic principles of Buddhist ethics
Authors: Sobolnikova EN , Dorodeva NV
Published: September 2024

The relevance of this research consists in reconsideration of the main approaches to solving bioethical problems based on the religious and ethical principles of Buddhism. The purpose of this research is to analyze Buddhist principles that can be consistently applied to a range of biomedical problems (euthanasia, biomedical experiments with animals, etc.). The subject of our research is ethics in the context of medicine, namely the relationship between Buddhism and medical practice. The research materials are based on many years of teaching the bioethics course at St. Petersburg State University of Chemistry and Pharmacy and Tyumen State Medical University, as well as on the results of research related to the development of scientific research of bioethical issues. The central question of modern bioethics about the nature and status of the moral subject in Buddhism is based on the principle of the moral dignity of all living beings: from human life to the life of animals and, perhaps, even plants. Belief in interspecific rebirth and respect for animal life are typical of Buddhist ethics. In modern ethics, Buddhism is a teleological ethics of virtue, which postulates a certain end result of life as the implementation of human potential and asserts that this goal should be realized through cultivation of certain spiritual practices, which implies the rejection of euthanasia, abortion, artificial insemination and other dvanced medical technologies.
Principles of criminal law of Ukraine and principles of criminal law protection of professional activity of law enforcement officers
Authors: Poliiovska M. T.
Published: September 2024

The article analyzes the links between the basic principles of criminal law of Ukraine and the principles governing criminal law protection of professional activities of law enforcement agencies. Special attention is paid to the study of interaction and impact of these principles on law enforcement. The author refers to the contributions of national scholars who have studied the nature of certain principles of criminal law and offers a systematic analysis for further improvement of the regulatory framework.
The author emphasizes that modern changes in criminal law should reflect not only historical experience, but also modern challenges that require a deeper understanding and application of the principles of justice, legality, humanism and democracy. The author also emphasizes the need to enshrine the principles in the new edition of the Criminal Code of Ukraine in order to comply with international standards and ensure legal certainty and objectivity of law enforcement. According to the author, there is a need for greater clarity and systematization of the principles of criminal law, and their inclusion in the Criminal Code will help ensure greater transparency and efficiency in their application.
The author of the article emphasizes the importance of the principles of criminal law proposed by P. L. Fries, which form the basis for criminal law protection of professional activities of law enforcement agencies, but also emphasizes the possibility of their expansion. In particular, the author proposes new articles for the Criminal Code of Ukraine which include the principles of legality, equality before the law, guilt, justice, individualization of punishment, personal nature of responsibility, humanism, and inevitability of responsibility.
The author comes to the conclusion that the principles of criminal law protection of the professional activities of law enforcement agencies are based on constitutional and criminal law principles. The basic principles such as the rule of law, justice, equality before the law, individualization of punishment, and inevitability of liability form the structure of protection of law enforcement officers’ rights. An analysis of the principles which are repeated in constitutional and special criminal provisions shows that it is inappropriate to allocate separate principles for law enforcement officers. The author proposes a two-tier system of principles for effective criminal law protection which avoids duplication of categories and ensures systematic and rational law application.
Instrumental and legal nature of early release on parole from serving a sentence
Authors: Tomash L. V. , Popovych O. V.
Published: September 2024

The article is devoted to the study of the peculiarities of the content of early release on parole as a comprehensive criminal law remedy. It is stated that the functional purpose of conditional early release on parole from serving a sentence is to achieve the goals necessary for society.
From the point of view of the instrumental theory of law, it is determined that early release on parole from serving a sentence constitutes a specific system of criminal law means by which the goals of criminal law regulation are achieved. According to the information and psychological orientation, such legal means are divided into stimulating and restrictive. It is found that legal facts, subjective rights, legitimate interests, benefits and incentives are the forms of manifestation of legal means-incentives. It is substantiated that legal incentives, directly orienting an individual to achieve beneficial consequences for him/her, are the most powerful incentive factor, and their application in the case of early release on parole from serving a sentence may be associated with both ordinary lawful behavior which does not exceed the general requirements and excessive performance of duties by a convicted person and is expressed in the form of elimination of restrictions determined by the criminal sentence applicable to a convicted person.
The article emphasizes that legal remedies-restrictions are associated with unfavorable conditions for realization of interests of subjects, are focused on negative legal motivation and reduction of negative activity of subjects of law, and their forms of manifestation are legal facts, prohibitions, suspensions, legal obligations, penalties, etc. A legal restriction on early release on parole from serving a sentence is a prohibition in the form of a passive legal obligation of a convicted person not to commit any new criminal offense during the unexpired part of the previously imposed sentence.
It is generalized that legal means-incentives and legal means-restrictions should be considered in an inseparable interrelation, since they are paired legal categories, i.e., internally dialectically interrelated and mutually supporting each other in the process of criminal law regulation.
Thus, the author concludes that the instrumental and legal nature of early release on parole from serving a sentence as a complex criminal law tool is dialectically complex, since it combines directly opposite and at the same time internally unified criminal law means of influencing social relations.
On the practical application of the provisions establishing liability for corruption crimes in official activities committed by officials of legal entities under public law
Authors: Ravliuk A. V.
Published: September 2024

The article explores the major criminological indicators that illustrate the practical application of criminal law provisions establishing liability for corruption crimes in official activities that are committed by officials of legal entities under public law. By analyzing the provisions of the notes to Articles 45 and 364 of the Criminal Code of Ukraine, along with the features characterizing the perpetrators of crimes in the sphere of official activities, the author outlines the range of criminal offenses in the area under study. These offenses include, in particular, abuse of power or official position (Article 364 of the CC of Ukraine); acceptance of an offer or promise, or receipt of an undue benefit by an official (Article 368 of the CC of Ukraine), and unlawful enrichment (Articles 3681, 3682, 3685 of the CC of Ukraine). Based on official statistical sources (the Office of the Prosecutor General and the State Judicial Administration of Ukraine), the author conducted a long-term criminological analysis of the situation with the crimes under study and determined the absolute, average, and relative values in the period from 2016 to 2023, as well as the indicators reflecting the correlation between the number of recorded criminal offenses and the number of detected and convicted persons for each type of crime in this category.
The calculated indicators revealed a dramatic gap between the number of recorded criminal offenses and the number of detected persons, as well as the number of detected and convicted persons. This discrepancy suggests that the criminal justice system has low efficiency in combating crimes of the studied category, with the real scale of these offenses, given their significant latency, far exceeding the officially recorded indicators. The study conducted by the author holds an independent value both for scientific purposes and for law enforcement activities and provides the relevant basis for information support in combating corruption crimes in official activities that are committed by officials of legal entities under public law; most importantly, it provides a clear understanding and assessment of the efficiency of the relevant criminal law provisions and serves as a prerequisite for developing the measures to improve the efficiency of criminal justice authorities in this area.
Peculiarities of criminal liability for intentional destruction or damage to someone else’s property
Authors: Sharmar O. M.
Published: September 2024

The article reveals the specifics of criminal liability for intentional destruction or damage to someone else’s property provided for in Article 194 of the Criminal Code of Ukraine. The problematic issues of the composition of the criminal offense of intentional destruction or damage to someone else’s property are analyzed, the difference between this composition and the intentional destruction or damage to property that has special features (objects of the electric power industry, nature reserve fund, archaeological heritage, weapons, military supplies, official documents, military property, etc.). Intentional destruction or damage to someone else’s property, which has special features to be qualified according to the special norms provided for by articles: 113, 1941, 252, 258, 292, 298, 338, 357, 360, 378, 399, 411, 437, 433, 438 of the Criminal Code, is proposed. of Ukraine. On the basis of the analysis of judicial practice, it was proposed that in the case of using an explosive device, for the intentional destruction or damage of someone else’s property, such actions of the perpetrator must be additionally qualified under Part 1 of Art. 263 of the Criminal Code of Ukraine. The imperfection of the provisions of the current criminal legislation in terms of the formulation of the qualifying signs of intentional destruction or damage to property was revealed.
It has been established that the current legislation of Ukraine on criminal responsibility does not include the concept of a generally dangerous method, arson, explosion, the content of the death of people, serious consequences is not disclosed. The concept of a generally dangerous method and its varieties is proposed. The concept of a generally dangerous method and its varieties is proposed. A generally dangerous method of intentional destruction or damage to property is a method that causes property, non-property, physical damage to an individual or legal entity or creates a real danger of causing such damage to two or more people. In order to avoid unnecessary differentiation of criminal law norms, it is proposed to exclude from the Criminal Code of Ukraine articles 347, 3471, 352, and part 2 of Art. 194 of the Criminal Code of Ukraine to add the sign of intentional destruction or damage to someone else’s property in connection with the person’s performance of official powers or professional duties.
Regarding the question of usage of open-source evidence in criminal proceedings
Authors: Babayeva O. V. , Averbakh D. V.
Published: September 2024

The article is devoted to the study of the issue of using open-source evidence in criminal proceedings. Attention is drawn to the lack of a universally recognized definition of the term “open-source information”, a list of fundamental features of this type of information is provided, among which are: 1) accessibility of the information to the general public; 2) the author of the information may not be determined; 3) access to information can be provided both on a paid and free basis. The lack of an adequate volume of legislation aimed at regulating the procedure for usage of open-source evidence is emphasized.
A study of the Berkeley Protocol, which was created jointly by the University of California, Berkeley School of Law and representatives of the United Nations, was carried out. In particular, the following is outlined: a list of the principles enshrined in the Berkeley Protocol, divided into professional, methodological and ethical, their content; the investigation process put forward in the Berkeley Protocol, that consists of the following stages: 1) online inquiries; 2) preliminary assessment; 3) collection of information; 4) preservation of information; 5) verification of information; 6) investigative analysis.
Problems that may arise in the process of using open-source evidence are emphasized. The requirements of propriety, admissibility and reliability of open-source evidence are studied. The state of legal regulation of the issue of the usage of open-source evidence in national legislation is considered. The specific features of electronic (digital) evidence are singled out, which distinguish them from other types of evidence and determine the need to separate them in the criminal procedural legislation as a different type of evidence. The practice of national and international judicial institutions related to the use of open-source evidence is considered. The special role of this type of evidence for establishing the corpus delicti or circumstances of crimes against the foundations of national security, especially since the beginning of full-scale Russian aggression against Ukraine, is emphasized.
Judicial control over the observance of human rights and freedoms during the consideration of the prosecution’s motions for permission to conduct covert investigative (search) actions in terms of observance of the principles of the right to a fair trial
Authors: Babikov O. P.
Published: September 2024

The article is devoted to the problematic issues of regulation of judicial control during consideration of applications for permission to conduct covert investigative (detective) actions and use their results for other purposes, in terms of ensuring the right to a fair trial guaranteed by Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The principle of fairness of a trial is interpreted in certain judgments of the European Court of Human Rights as the proper administration of justice, the right of access to justice, equality of parties, adversarial nature of the trial, reasonableness of the trial, etc.
The construction of Article 6 of the Convention indicates the existence of the following key elements of the right to judicial protection: 1) the right to a hearing; 2) fairness of the hearing; 3) publicity; 4) reasonable time; 5) hearing by a court established by law; 6) independence and impartiality of the court.
The author examines the key issues affecting the objectivity of court decisions in this area, imperfections of the procedures provided for in the criminal procedure legislation in terms of ensuring the fairness of the trial, reasonableness and motivation of the court decision. Special attention is paid to the problems of ensuring the independence and impartiality of the court as a factor that significantly affects the legality of such decisions, and the author suggests ways to improve the effectiveness of judicial control in this area. According to the author the legal regulation provided for by criminal procedure legislation in the area of judicial control over covert investigative (detective) actions, both in terms of consideration of applications for permission to conduct activities related to interference with private life and the use of the information obtained in another criminal proceeding or for another purpose, does not ensure compliance with the guarantees of the right to a fair trial provided for in Article 6 of the European Convention.
Along with the need to take effective measures aimed at ensuring the independence of the judiciary and the impartiality of judges, criminal procedure legislation also needs to be improved. In particular, the article suggests that reforms should be aimed at overcoming “formalism” in the course of consideration of applications for permission to conduct covert investigative (detective) actions.
Correlation of the concept of «judicial control» with the concepts of «justice» and «judicial protection» in the criminal procedure of Ukraine
Authors: Vitushynska O. O.
Published: September 2024

In the article, the author notes that the introduction of modern approaches to the legal regulation of the judicial control mechanism into the Criminal Procedure Code of Ukraine of 2012 was one of the right ways to realize the right to a fair trial. It is noted that judicial control, along with other mechanisms of criminal procedure, also ensures the implementation of the rule of law, a qualitatively new approach to understanding the rights and freedoms of a person in criminal proceedings, and a humanistic approach to criminal proceedings. The author also notes that both practitioners and scholars have repeatedly addressed the issues of the concept of judicial control, its features, and correlation with other categories and concepts. And the research by comparing the concept of «judicial control» with the concepts of «justice» and «judicial defense» will make it possible to establish new features of judicial control in criminal proceedings in Ukraine. That is why the author set as the purpose of the study to establish the correlation between the concept of «judicial control» and the concepts of «justice» and «judicial defense» in the criminal procedure of Ukraine.
The article analyzes the works of Ukrainian scholars who reveal both the above concepts and their correlation, and also uses the decision of the Constitutional Court of Ukraine.
The study concludes that judicial protection is an effective mechanism for guaranteeing rights and freedoms in criminal proceedings, and judicial control is a way of judicial protection. In the author’s opinion, it should be borne in mind that such control is exercised not only during the pre-trial investigation, but also during the judicial stages of criminal proceedings.
The author concludes that justice and judicial control are separate functions in criminal proceedings. Their differences are related to the stages of criminal proceedings and their purpose and form of implementation.
The subjective composition of the realization of justice and judicial control is not always different. Thus, in the case provided for in Part 3 of Article 309 of the Criminal Procedure Code of Ukraine, a judge will exercise judicial control over non-appealable rulings of the investigating judge, as well as justice in the same criminal proceedings.
Specifics of applying operational and combat measures and tools in counterintelligence operations under the conditions of the ongoing Russian military aggression
Authors: Morei T. V. , Shevchenko C. V.
Published: September 2024

The Security Service of Ukraine (SSU) has faced the challange to sophisticate actual and fundamentally new approaches, methods and means of countering threats to national security under conditions of the ongoing full-scale invasion of Russian troops and occupation the territory of Ukraine. The imposition of martial law in Ukraine has considerably expanded the range of practical tasks performed by the bodies and departments of the Security Service of Ukraine. The conditions of the intelligence activities, specific features of counterintelligence activities during the war have been forming new approaches of counterintelligence operations. These factors set and manage new operational and combat tasks for the Security Service of Ukraine. Moreover, SSU is an authorized body in the sphere of counterintelligence activities, that performs tasks of preventing, detecting and analyzing threats to the national security of Ukraine and make challenges to the vital interests of the state. The accomplishment of thesre tasks is plausible on the basis of efficient and prompt identification and threats prevention to the national security of Ukraine, identifying the sources of threats, origin and consequences in order to successfully select methods and means to counter them. The application peculiarities of the operational and combat methods and means by the counterintelligence units of the Security Service of Ukraine during the execution of operational and combat missions in the conditions of the ongoing Russian military aggression against Ukraine are considered in the study.
It has been determined that under martial law the counterintelligence units have developed a set of measures to counteract the Russian special services activities as a result of the special tasks that are under provisions of the Security Service of Ukraine. This was accomplished due to the efficiency and enemy goals identification, thoroughly selected methods and forms to prevent intelligence and subversive activities, using appropriate means to overcome the enemy. Mainly, the Security Service of Ukraine adjusts to modern realities, changes, supplements and improves its methods of activity. The Security Service of Ukraine develops a far-sighted strategy, amends its skills with new tactical techniques, creates and uses cutting-edge operational and combat tools and methods, which are transformed and sophisticated in the conditions of war. All these measures prevent threats to national security posed by the enemy. These methods are successfully applied by the counterintelligence units of the Security Service of Ukraine during the execution of operational and combat tasks, and require further theoretical justification.
Standard of proof ‘beyond reasonable doubt’ in criminal proceedings: analysis of national and international experience
Authors: Snigur M.
Published: September 2024

It is stated that, according to the standard of proof beyond a reasonable doubt, if there is proof beyond a reasonable doubt of the defendant’s guilt, it is sufficient for a conviction, and it is also undisputed that such a reasonable doubt must be evaluated according to the evidentiary difficulties of the particular case, as well as according to the crime committed. . The standard of proof beyond a reasonable doubt is the most acceptable standard in criminal proceedings for a fair trial. At the same time, indicating the need for courts to use this standard of proof, the legislator does not define its concept and does not reveal its meaning.
Reasonable doubt is a frequently used term that is probably well understood but difficult to define. It is not merely a possible doubt, as everything related to human activity that depends on evidence that gives rise to moral certainty is subject to some possible or imaginary doubt. Reasonable doubt, then, deals with a state of affairs that leaves the judge’s mind in such a state that he cannot say that he feels a firm conviction that gives rise to moral certainty about the truth sought. If there is a reasonable doubt as to the proof of guilt, the accused is entitled to the benefit of the presumption of innocence and to be acquitted. Thus, evidence must establish the truth of the facts in a way that produces reasonable or moral certainty, that is, a certainty that convinces, guides understanding and satisfies the minds and judgements of judges. This, he concludes, is what counts as proof beyond a reasonable doubt. The adoption of the standard of proof beyond a reasonable doubt reflects the high degree of probability required to develop the personal certainty (conviction) necessary for the purposes of conviction in criminal proceedings (guilt beyond a reasonable doubt), ultimately if there is sufficient evidence of a criminal act, and not, it should be emphasised, complete, total or absolute proof.
The article examines the legal positions of the Criminal Court of Cassation as part of the Supreme Court and the European Court of Human Rights with regard to determining the content of the standard of proof ‘beyond reasonable doubt’ in criminal proceedings. In the doctrine of criminal procedure, the concept and content of the standard of proof ‘beyond reasonable doubt’ is the subject of considerable attention of procedural scholars.