bluuebunny/crossref_metadata_2025 huggingface dataset:
The Ambivalent Conjunction of Modernity and Human Rights
Authors: Situma W. J.
Published: August 2021

Modernity is a stage in societies’ development that is the corollary of enlightenment. It has variously been conceived to be the ultimate moment in the unfolding of human history in the sense that norms and values, and practices and institutions are nearly or at their most perfect. However, the conceived prelude to or realization of utopia does not accord with reality in many specific modern societies, even those that are generally considered to be the forerunners of modernity. In Africa, the onset of modernity and its extension into the diverse realms of human beings’ lives has entailed norms and values, and practices and institutions that are the genesis of dystopia. This article examines the ambivalent nexus of modernity and human rights in Africa from the onset of the modernization project to date. Using critical theory, the article argues that although modernity is credited with the birth of human rights, in Africa its primary actors, namely capital, the markets, and the state, are either ambivalent to and/or causal to widespread and deep human rights violations. The human rights violations are systemically and systematically cast as incidental and spurious rather than the hallmarks of modernity. Judicial, political, and educational institutions act and reiterate their capacities to address the incidental/spurious human rights violations, despite abundant evidence that, as part of modernity, these institutions are ambivalent to human rights and, therefore, can only mask the reality and perpetuate human rights violations. This general stance is the consequence of the pervasive logic of capital. This article explains how this pervasive phenomenon in its various forms, such as state capitalism and global capitalism, coupled with neopatrimonialism, has impacted the institution and practice of human rights in Africa. The analysis concludes that though modernity is credited with the birth of human rights regimes, its historicity has been causal of significant violations of human rights. The violations unleashed by capital are exacerbated by political elites who, in their processes of policy-making and budgetary deliberation, and implementation, marginally conceive nation-extensive notions of common good. Consequently, violation of human rights is rampant.
Dimensions of Creation of the Universe and the Living Worlds
Authors: Shrestha Mahesh M.
Published: August 2021

The Cosmos we live in consists of Invisible Prakriti and Visible World. In Visible World, we do live. All the galaxies, Milky Ways, nebulas and planets, stars, and physical bodies belong to this world are governed by the physical and mathematical laws of nature. Prakriti which is invisible spiritually governed and wave-formed existed even before the Big-Bang. Purush holds the Visible World and Prakriti around makes entire Cosmos in existence. Purush which is an absolutely positively charged and quality less with no traces of negative portions always existed, neither being created nor destroyed. A fraction of a Purush known as Omega Point appears into the portion of Prakriti due to some causal effect for further expansion of the Visible World. Purush is situated in the middle of the cylindrical universe surrounded by the Prakriti and Visible World. Theories proposed by different scientists and philosophers to verify the Purush seem to be incomplete trial and error of the zigzag puzzle show. Today, our scientists, cosmologists, and mathematicians are trying to explain the function of the universe through only four physical dimensions of science, which seems to be incomplete without explaining the transcendental factors while dealing with the living bodies.
Features of creative marketing in the conditions of the innovative economy development
Authors: Samiilenko Halyna , Bonyar Svitlana , Ivanova Nataliia , Khudolei Veronika , Kukhtyk Stanislav
Published: August 2021

The article systematizes the information on the definition of marketing as a leading tool for innovation of the creative economy, which explores the integrative function of marketing, as well as thoroughly analyzes the essence and content of creativity, based on five levels of creative process from individual to global economic system. The main features of creativity are highlighted and their characteristics are given. Based on this information, creative marketing as a phenomenon of creative economy is formulated and clearly presented. The main tools of creative marketing are identified and characterized and the main factors of their application are formulated. The process of realization of creative marketing and its results in the conditions of innovative direction of creative economy is developed and presented.
The concept of conducting innovative competence of teachers in the space of educational activities
Authors: Honcharuk Vitalii , Pohoda Olena , Popovych Sergii , Fedorenko Olena , Filipchuk Nataliia , Maftyn Larysa
Published: August 2021

The article proposes the concept of the formation of the teacher's innovative competence in the educational space; it includes the initial ideas, goals, objectives, patterns, principles, stages, content and technologies for the implementation of this process; the concept is concretized at the level of strategy and implemented considering the developed model of the formation of the teacher's innovative competence in the educational space; the criteria and levels of the formation of the teacher's innovative competence make it possible to assess the teacher's readiness to introduce innovations (the development and implementation of fundamentally new images of content and teaching technologies).
Partner Relationship Management Architecture Design For SME During Pandemic Era
Authors: Soesanto Daniel , Tresna Absari Dhiani
Published: August 2021

Abstract—The pandemic situation encourages every business, including small and medium scale, to transform towards an online business. This is done to be able to continue to reach customers and carry out existing business processes well. However, with the reduction or disappearance of face-to-face meetings, the quality of the relationship decreases both on the customer and business partner side. This research focuses on the relationship with business partners, where the exchange of information and data is not optimal in this section, and even errors can occur. Many studies have tried to optimize relationship management with business partners, but none have focused on small and medium-sized businesses during this pandemic. SME's need to manage their business relationships. However, according to research that has been done, many of these business models do not realize the importance of this, and only focus on selling.. This research aims to design PRM architecture designs for small and medium-scale enterprises in this pandemic era. This research resulted in an e-marketplace design that implements PRM for SMEs by applying a recommendation system for distributors to provide the right product to each reseller. Through the results of initial trials conducted by users, both from distributors and resellers, it is easier to understand each other's needs with this e-marketplace.

Keywords: SMEs, PRM, channel management, recommendation system, pandemic

 

Abstrak—Situasi pandemi mendorong setiap bisnis, termasuk skala kecil dan menengah, untuk bertransformasi menuju bisnis online. Hal ini dilakukan untuk dapat terus menjangkau pelanggan dan menjalankan proses bisnis yang ada dengan baik. Namun, dengan berkurangnya atau hilangnya pertemuan tatap muka, kualitas hubungan menurun baik di sisi pelanggan maupun mitra bisnis. Penelitian ini berfokus pada hubungan dengan mitra bisnis, dimana pertukaran informasi dan data tidak optimal pada bagian ini, bahkan kesalahan dapat terjadi. Banyak penelitian telah mencoba mengoptimalkan manajemen hubungan dengan mitra bisnis, tetapi tidak ada yang fokus pada usaha kecil dan menengah selama pandemi ini. Padahal sebenarnya SME pun sangat perlu mengelola relasi bisnisnya. Namun menurut riset yang pernah dilakukan, bisnis model ini banyak yang belum menyadari pentingnya hal tersebut, dan hanya fokus pada menjual. Penelitian ini bertujuan untuk merancang desain arsitektur PRM untuk usaha kecil dan menengah di era pandemi ini. Penelitian ini menghasilkan desain e-marketplace yang mengimplementasikan PRM untuk UKM dengan menerapkan sistem rekomendasi bagi distributor untuk menyediakan produk yang tepat untuk setiap reseller. Melalui hasil uji coba awal yang dilakukan oleh pengguna, baik dari pihak distributor maupun reseller menjadi dimudahkan untuk lebih saling memahami kebutuhan masing-masing dengan adanya e-marketplace ini.

Kata kunci: SMEs, PRM, channel management, sistem rekomendasi, pandemi
The place of intellectual property in the system of legal values: theoretical and legal aspects
Authors: Kotenko M.V.
Published: August 2021

The author highlights and investigates the theoretical and legal aspects of the place of intellectual property in the system of legal values. It is noted that legal values ​​are a special phenomenon in which a wide range of ideas, ideas, provisions that reflect the peculiarities of society's perception of socially useful factors, which find their expression and manifestation in the legal sphere of society. In this regard, intellectual property is a special product of human intellectual activity, which is recognized as socially useful and subsequently acquired legal characteristics, ensuring the protection of intellectual property rights, their inviolability, as well as regulating relations in the field of intellectual property. Intellectual property is a special socio-cultural phenomenon, belonging to the system of socio-cultural values ​​is primarily due to its usefulness to society, the ability to ensure the interests of its subjects. At the same time, the multifaceted and complex nature of intellectual property, represented in various spheres of society, provides an opportunity to study intellectual property, including as part of a system of legal values ​​endowed with legal properties, provided by law, allows legal entities to achieve legally significant results. related to intellectual property.
Based on the analysis of doctrinal and legal ideas about the value of intellectual property, the author identified the place of intellectual property in the system of legal values. It is concluded that intellectual property as a legal phenomenon has a multifaceted and multifaceted nature, which does not allow to unambiguously determine its place in the system of legal values. Therefore, it is proposed to determine the criteria according to which to classify legal values, which should cover and take into account all possible aspects (characteristics) of legal values, including taking into account the values ​​of intellectual property established above. The place of intellectual property in the system of legal values ​​is determined by the author according to the following criteria: 1) the state of legal support of intellectual property in Ukraine; 2) the method of legal regulation of relations in the field of intellectual property; 3) its functional purpose.
The relationship of the model of the modern state of Ukraine with its functions: theoretical questions
Authors: Melʹnychuk S.M.
Published: August 2021

Changing the world order, integration processes and state-building affect not only the nature of states, but also its purpose, tasks and functions, which are usually fixed by states in constitutions or other laws. The purpose of this article is to clarify the relationship between the functions of the modern state of Ukraine with its constitutional model by: clarifying the nature of the modern state of Ukraine, its purpose, tasks and functions that correspond to the modern rule of law in a transformational environment. The modern state of Ukraine dates back to 1991 and functions to this day. It is a social public institution that ensures the integrity, management and development of society in the process of implementing its functions. The model of development of the modern state of Ukraine as a democratic, legal, social state is fixed in the Constitution of Ukraine and determines the purpose of its functioning - ensuring the integrity, functioning and development of society. Goals and objectives are closely interrelated. The purpose of the modern state of Ukraine is decisive for the tasks, determines their range for the state - the task of ensuring the integrity of society; tasks for the management of society; tasks for the development of society, as well as tasks that guarantee the interaction of the modern state of Ukraine with other social actors. Such issues need to be addressed in the process of implementing the functions of the modern state of Ukraine - the most appropriate amount of state activity to address them. The functions of the modern state of Ukraine as well as the tasks are aimed at achieving its goal of integrity, governance, development of society. The scope and limits of such activities are determined by the content of each of these tasks. This construction reflects the relationship and interrelation between the model of the modern state of Ukraine and its functions. Adaptation of functions to changes in the modern state is their necessary property, which allows to exercise a regulatory influence on the most important spheres of public life.
Conducting forensic and genetic examination in civil judiciary as an object of constitutional protection
Authors: Shkabaro V.M. , Bila A.V.
Published: August 2021

The article is devoted to the study of forensic genetic examination in civil proceedings as an object of constitutional protection, due to the emergence of the concept of forensic examination in general and forensic genetic examination, entities entitled to conduct forensic examinations, analyzing the legal basis of court - genetic examination in Ukraine. Characteristics of the legal basis for recognition of paternity/mother and establishing the fact of paternity/mother are presented. The admissible and appropriate evidence bases in such cases and the place of forensic genetic examination in in the system of evidence that can be involved in the case have been clarified. The features of this examination have been studied, basis to proceed with the molecular genetic examination, the grounds for conducting a molecular genetic examination have been determined, and the issues raised before the expert carrying out the expert research have been singled out. The analysis of judicial practice of consideration of cases on recognition of paternity/maternity and the establishment of the fact of paternity/maternity which is carried out with carrying out forensic genetic examination was carried out. The article analyzes the problematic issues that arise in the process of legal regulation of forensic genetic examination and the practice of applying legislation in this area. The problems of evasion of a party from participation in forensic genetic examination, namely, non-appearance at a certain time to participate in the examination, failure to provide materials for expert research and the legal consequences of such evasion for all participants in the case. This article offers ways to solve problematic aspects of the research. The conclusions on the application by the courts of the results of forensic genetic examination during the consideration of cases on recognition of paternity/maternity, establishment of the fact of paternity/maternity were generalized and made. Forensic genetic examination is an individual identify. This type of examination allows not only to categorically exclude paternity, but also to carry out the origin of the child from both parents due to blood relationship (identification), as well as the diagnosis of hereditary diseases in the fetus in the early stages of pregnancy. Conducting such an examination is an effective mechanism of constitutional protection, because the facts established as a result of the examination form the basis of the evidence base are considered in conjunction with other evidence available in the case file.
Genesis of legal regulation of the status of legal entities carried out activitiy in the field of providing legal services under the legislation of Ukraine
Authors: Hobechia I.T.
Published: August 2021

In the current conditions of European integration processes in Ukraine, the issues of activity of institutions aimed at guaranteeing and protecting the rights and interests of all the participants in public relations have become important. The study of the genesis of legal regulation of the status of legal entities engaged in the provision of legal services in our country have been become particularly relevant. In Ukraine, advocates have the right to provide all types of legal services, in particular to represent interests in court in all types of proceedings. An advocate is a natural person who practices law on the grounds and in the manner prescribed by the Law of Ukraine «On Advocacy and Advocatory Activity».

In studying the genesis of the legal regulation of the status of legal entities engaged in the provision of legal services under the laws of Ukraine, special attention has been paid to the period after the restoration of our state's independence on August 24, 1991. Legal entities engaged in the provision of legal services were created and operated in various organizational and legal forms, the most common of which were and remain private enterprises and limited liability companies. The peculiarity of our legal system is also that the Law of Ukraine «On Free Legal Aid» was adopted and regulates, in particular, the status of centers for free secondary legal aid and the peculiarities of providing such aid by advocates, who are included in the Register of free secondary legal aid advocates.

At the same time, the key role in providing participants of public relations with legal services in our state belongs to the bar. Therefore, despite the possibility of carrying out activities in the field of legal services by legal entities of all types and organizational and legal forms, a special place among them has been occupied by advocatory association and advocatory bureau. In the scientific article it has been summarized and highlighted the periods in the history of normative regulation of the legal status of these legal entities after August 24, 1991.
PROSPECTIVE DIRECTIONS OF IMPROVEMENT OF CIVIL LIABILITY
Authors: Zozulyak O. , Paruta Y.
Published: August 2021

The article is devoted to the study of such an important area of civil law as civil liability. The scientific article examines the definition of "civil liability". It is emphasized that civil liability consists of many aspects, including a sanction, a new obligation, the replacement of an unfulfilled obligation with a new one, and so on. It is supported the position that the application of civil liability is voluntary, but the possibility of using jurisdictional forms of liability is not excluded. The authors of the article agree with the approach proposed in the doctrine on the expediency of the transition to the so-called behavioral concept of guilt. The importance of the theoretical demarcation of the institution of ensuring the fulfillment of obligations and measures of civil liability is emphasized. The possibility of simultaneous application of different forms of civil liability is allowed.

It is argued that it is appropriate to change the approach to determining and compensating of non-pecuniary damage. It is needed because compensation for non-pecuniary damage depends on the violation of a person's civil right, and not on the envisaged possibility of compensation for non-pecuniary damage in law or contract.

The authors of the article positively perceive the position on the need for consolidate the provisions on the civil nature of the liability of officials of corporations.  It is focused on the need to consolidate the subsidiary liability of members of limited liability companies in the event of bringing the failure through their fault.

The position to the prospects of further scientific research in the field of responsibility of autonomous robots and artificial intelligence is expressed.

It is concluded that due to the multi-vector nature of the concept of "civil liability" there is a need for further meticulous attention of the scientific community to the institution of private liability. In particular, it is necessary to develop qualitative criteria for distinguishing between the institution of abuse of subjective civil rights and the institution of civil liability; research of the peculiarities of the responsibility of such legal entities as owners of significant participation in corporations, supervisors of banking groups and other specific entities, etc.
Prospects for settlement of the legal status of cryptocurrency in Ukraine
Authors: Lohoyda V.M.
Published: August 2021

The article is devoted to the current state and prospects of further legislative regulation in Ukraine of the legal status of cryptocurrency (cryptoassets), primarily in terms of the need to clearly define its place in the system of objects of civil rights. The author emphasizes on the current uncertainty at the national and international level about the legal nature of cryptocurrency that causes gaps in the legal regulation of this phenomenon, which on the one hand allows its free and accelerated development, but on the other - creates significant legal risks for participants of the relevant legal relationships. Based on the comparative legal analysis of the approaches of different countries to the qualification of the legal essence of cryptocurrency, as well as the analysis of the Laws of Ukraine "On Prevention of Corruption", "On Prevention and Counteraction to Legalization (Laundering) of Proceeds from Crime, Financing  Terrorism and Financing Spread of the Weapon of Mass Destruction”, the draft Law of Ukraine“ On Virtual Assets ”№3637 of 11.06.2020 adopted as a basis and prepared for the second reading by the Parliament and opinions of national regulators of financial market and securities market the author considers as a debatable approach of Ukrainian authorities to regulation circulation of virtual assets and, in particular, such their type as a cryptocurrency, as an intangible asset (other intangible goods). There is a contradiction of such a qualification in terms of traditional features of intangible assets (pronounced personal nature, the impossibility of the existence of such goods in isolation from the subject of law without his consent, lack of property and economic content) and the economic purpose of cryptocurrency as a mean of payment. In this regard, the author concludes that there should be an expediency of classifying this object of civil rights as a special (private) form of money, for which he proposes to carry out a more detailed civil law classification with a division into fiat (cash, non-cash, digital) and private (cryptocurrencies and electronic money).
Peculiarities of influence of non-governmental organizations on the relationship of application sanitary and phytosanitary measures
Authors: Karpinsʹka N.V.
Published: August 2021

The article is devoted to the role and influence of non-governmental organizations on the application of sanitary and phytosanitary measures. The study identifies and analyzes three groups of issues, including: the issue of impact (providing access to the WTO decision-making process), the issue of justice, which is giving NGOs the right to appeal to a WTO dispute settlement body, and the issue of standards, which includes issues of setting private standards that are different or stricter  than international ones.

It is noted that international non-governmental organizations are also entrusted with the important task of facilitating the settlement of trade and political disputes by involving their experts as independent experts to draw objective conclusions. Another international legal form of participation of international non-governmental organizations in the activities of the WTO is the study of the impact on development and the environment.

 Taking into account the fact that there are very few procedural opportunities for non-governmental organizations to participate in trade disputes, as organizations and other individuals are deprived of the right to act as a full party to a trade dispute under the WTO procedure, the article raises the issue of legal procedure, that would enable non-governmental organizations and individuals to initiate in their country the process of submitting an application to the WTO Dispute Settlement Body.

Pointing to the normative unresolved issue, the option of resolving it by submitting amicus curiae applications to the WTO Dispute Settlement Body through one of the parties to the dispute is supported, the position of which is supported in the statement, which in turn would provide further clarification on the content of such a statement, which should have previously verified the accuracy of the data received from amicus curiae.

It is concluded that, taking into account the crisis in the WTO in recent years, the realization of the potential of non-governmental organizations can have a positive impact on the recovery of the global trade system.
Design of measures to increase the competitiveness of agricultural enterprises
Authors: Fedik O.V.
Published: August 2021

The functioning of enterprises is possible while ensuring the competitiveness of products produced by enterprises, this is especially true for various forms of ownership of agricultural enterprises, because it is their economic activity and, accordingly, their products is one of the most important strategic vectors of Ukraine's economy. It is extremely important to design measures that are based on a strategic approach, and in the application of which it will be possible to increase the competitiveness of agricultural products that will ensure high economic efficiency and enable them to take a leading competitive position in the long perspectives.

The most effective strategies for ensuring the competitiveness of agricultural products will be the use of strategies to minimize costs, differentiation and focus. The cost of agricultural products can be reduced through the introduction of energy-saving and advanced production technologies; application of the most effective forms of organization of production and expansion of scales of production; improvement of logistics, etc.

We propose to use the differentiation strategy when limiting land or material resources by offering services or goods that have no analogues in terms of consumer characteristics on the market, which can be realized through the production of products with high quality consumer characteristics than potential competitors, such as: better quality products; environmentally friendly products; products with improved taste or properties, etc. When applying the focus strategy, it is necessary to emphasize the improvement of a particular type of product or its sales channel, producing products of narrow specialization, which is aimed at a particular segment of consumers or the formation of innovative channels for its implementation. Particular attention should be paid to improving the quality of agricultural enterprises and the implementation of well-developed marketing strategies. The application of all the above measures will increase the competitiveness of agricultural products that will ensure the competitiveness of enterprises as a whole.
Provision of services by public administration: models of regulation
Authors: Svitlichny O.P.
Published: August 2021

In order to ensure the full realization of rights and freedoms, legitimate interests of citizens, to meet public needs in Ukraine, public authorities (mainly executive) and local governments, as well as other authorized public administration entities provide more than 130 items of various services. The application of laws in the field of service provision is primarily defined by part three of Art. 42 of the Constitution of Ukraine, according to which the state protects the rights of consumers, controls the quality and safety of products and all types of services and works, promotes the activities of public consumer organizations. The article analyzes various types of services provided to individuals and legal entities on the basis of the analysis of the norms of the current legislation of normative-legal acts and scientific views. It is determined that the development of democratic principles in the activities of executive bodies, local governments, their officials is closely linked with the efficiency and quality of services that must meet European principles and standards.

It is established that in the current laws and regulations and in domestic legal science there are different approaches to understanding the concept of «service», features of the procedural part of service provision, as well as the fact that current legislation does not contain a definition of «service procedure» and a clear procedure services by public administration.

Attention is drawn to certain shortcomings in the regulation of the procedure for providing services by executive authorities and local governments, and it is emphasized that despite certain legal and political difficulties in implementing the Law of Ukraine «On Administrative Procedure», a number of comments were made by the Chief Scientific Expert. The Verkhovna Rada of Ukraine adopted this law, which is an important step towards systemic public administration reform and bringing it closer to European principles and standards, and the shortcomings of the public administration's relations with citizens can be eliminated by making a number of changes and additions.
Characteristics of cognitive fctions in judicial control proceedigs
Authors: Byesyeda H.V.
Published: August 2021

The article is sanctified to research of problem questions of cognitive activity of inquisitional judge in judicial control realization in pretrial investigation. Certain limits of activity of inquisitional judge are in the process of finishing telling during realization of judicial control, and set forth a conclusion, that an inquisitional judge is an active subject in criminal realization on the stage of pretrial investigation, that conditioned by both the tasks of criminal realization and features of judicial control. Duty of court, including inquisitional judge, in relation to providing of principle of contentionness of parties and absence of duty to take participating in finishing telling is important, but not qualificatory during realization of discretionary plenary powers an inquisitional judge in the process of finishing telling. It is thus accented, that activity of inquisitional judge must be directed not in support of or refutation of the proofs given by the subjects of finishing telling, but on finding out of circumstances, establishment of that is a necessity for consideration of solicitor or complaint essentially and acceptance of legal, reasonable and explained judicial decision.Participation of inquisitional judge is analysed in the process of assembly of proofs, and set forth a conclusion, that an inquisitional judge carries out the activity, sent to "providing" of proofs of parties of criminal realization or representative of legal entity in relation to that realization comes true. It is suggested to make alteration to КПК and give a right to the inquisitional judge at consideration of any solicitor, statement or complaint on own initiative to hear any witness or investigate any materials of criminal case.Certain features of verification and estimation of proofs by an inquisitional judge during realization of judicial control. It is marked that an inquisitional judge at a decisionmaking carries out the estimation of proofs, taking into account the article of consideration, and requirements set in КПК in relation to the necessity of circumstances of wellproven. Investigational problem questions of application of part are 2 articles of 89 КПК in judicial control realization and a conclusion is reasonable in relation to impossibility by an inquisitional judge during judicial control to acknowledge proofs "obviously" impermissible.
Determination of the probationary period in application of article 75 of the CC of Ukraine
Authors: Sosonsʹka A.I.
Published: August 2021

The article considers the concept, criminal-legal significance, the order of appointment and calculation of the probation period in the application of criminal law on release of a person from the sentence imposed on him by a conviction in accordance with Art. 75, 78 of the Criminal Code of Ukraine. The views of scholars on determining the beginning of the probationary period, which is appointed by the court in accordance with its discretion, on the basis of Part 3 of Article 75 of the Criminal Code of Ukraine in passing a court conviction and its duration. The issue of the possibility of agreeing on the probation period by the parties to the criminal proceedings when concluding a plea or conciliation agreement is covered separately and the practice of the Criminal Court of Cassation on this issue is presented. The article raises the issue of assigning to a person sentenced to probation a certain range of responsibilities provided for in Art. 76 of the Criminal Code of Ukraine. The case law on determining the duration of the probationary period in the activities of individual courts is studied and opinions on this issue are given. The procedure, grounds and procedure for supervision of persons released from serving a probation sentence on the basis of Art. 75 of the Criminal Code of Ukraine are covered. The powers of the authorized body for probation to prepare a petition to the court to release the convict from the sentence imposed on him in connection with the expiration of the probation period were analyzed. It is proposed to enshrine in law a specific period during which the authorized body would be obliged to submit such a submission to the court. It is proposed to regulate the basic requirements in the legislation when determining the duration of the probationary period.
Juvenile justice: certain aspects of its understanding
Authors: Ustrytsʹka N.I. , Dilʹna Z.F.
Published: August 2021

The article is devoted to the concept of justice for children. Doctrinal provisions on the understanding of juvenile justice in a broad and narrow aspect are considered. It has been studied that juvenile justice will make it possible to create the best environment for children, to protect their rights and interests. It has been established that juvenile justice covers children on the one hand, and an extensive system of public authorities on the other, whose functional duty is to protect and ensure the rights and interests of children.

It is considered that juvenile justice covers a certain category of persons under the age of 18, namely children (minors and minors) who are at risk or in conflict with the law, as well as children in contact with the law - child victims of delinquency. , children witnesses of a criminal offense. Equally important is ensuring the rights and interests of children in need of state protection and support.

It is investigated that the subject of justice for children are bodies and services whose activities are aimed at protecting and ensuring the rights of children, special institutions and institutions of social protection for children. An important role is given to the improvement of law enforcement and judicial systems in the aspect of juvenile justice. It is emphasized that the effective functioning of juvenile justice requires the interaction and coordination of its subjects. Therefore, it is necessary that the system of subjects of justice for children be clear with the definition of the competence of each of the subjects, stable, and have a coordinating center.

It has been established that the system of juvenile justice subjects needs further reform. First of all, this concerns the problems of reforming the child-friendly justice system. After all, today the specialization of judges authorized to conduct criminal proceedings against minors can be considered only as additional functional powers. It is also noted that the institute of juvenile prosecutor's office is at the stage of formation and formation taking into account its functions and tasks.
Guarantees of observance of rights for personality are during realization of secret inquisitional (of criminal investigation) actions
Authors: Kolesnyk V.A.
Published: August 2021

An institute of secret inquisitional (of criminal investigation) actions is relatively the new judicial legal phenomenon in practice of the home criminal rule-making. Use of his possibilities by an investigator, public prosecutor as gives the side of prosecution in the hands of organs of pre-trial investigation important and effective facilities of collection and verification of proofs in interests of complete and objective implementation of tasks of every criminal realization. Such secret activity of organs of criminal pursuit is known and with success used in many countries. At the same time, the secret of activity of official public organ and his employees during the assembly of proofs in relation to involvement of certain persons to committing crime creates the terms of illegal or excessive interference with the sphere of the personal rights and interests of participants of criminal realization. By them can be both persons that is suspected of involvement to committing crime and those, that participate in secret realization of judicial actions or by chance got into consideration of law enforcement authorities during implementation of tasks of separate inquisitional actions. The norms of the Criminal code of practice of Ukraine not only establish order realization of secret activity the organ of pre-trial investigation but also serve as the important guarantee of protection of constitutional rights for every personality. It touches the order of receipt of permission on realization of secret inquisitional actions, cases of interference with private communication, prohibitions of interference with the private intermingling of defender, clergyman with suspected, to the defendants, with convict justified, regardless of occasions and reasons of such interference, opening of materials of criminal realization to the side of defense after completion pre-trial investigation, prohibition the uses of the privately got materials, that does not relate to certain criminal realization. The not complete clearness of formulation of separate judicial norms can be corrected by their interpretation taking into account general principles of realization of criminal realization.
Codification of international law: theoretical aspects
Authors: Saray R.D. , Kalinyuk S.S. , Tymkiv D.Yu.
Published: August 2021

The effectiveness of law, as a system of legal norms and principles, largely depends on the level of organization of the latter. The criterion for assessing this condition is the level of systematization of legal norms. International law is no exception in this regard and the systematization of international legal norms directly affects its effectiveness.

The article is devoted to the analysis of the issue of systematization of international legal acts and norms, the main form of which is their codification. First of all, the definition of systematization of rule norms in international law is revealed. It is determined that at the international legal level the main form of systematization of legal norms is their codification. It has been studied that it is the codification of the norms of international law that makes it possible to achieve the main goal of systematization, namely to adopt a single codified international legal document in order to comprehensively regulate a certain branch of international law.

            Particular attention in the article is paid to the codification functions, which are designed to ensure the integrity of the international legal system, to unify its norms in order to obtain a balanced approach to the legal regulation of the same types of concepts in different legal systems.

            Theorist-legal analysis of the separation in international law of such concepts as codification, incorporation and consolidation is carried out.

            The article also focuses on determining the place and role of the UN Commission on Progressive Development and Codification of International Law. Morewhere, this UN structural unit is essentially the only universal institution right to formally codify international legal norms. And the results of the activities of the UN Commission on International Law are embodied in the adoption of international conventions under the auspices of the United Nations (Convention on the Law of International Treaties, Convention on the Law of the Sea, Convention on Diplomatic Relations, Convention on the Rights of the Child, etc.).

            The article concludes with a brief conclusion, which justifies the importance of further work in the direction of codification of international law.
Bullying in ukraine: a problem through the child's eyes
Authors: Hradova YU.V.
Published: August 2021

The article analyzes the data of an anonymous survey, which took place in September-December 2019 in schools of Kharkiv and Karazin National University. This survey was conducted during lectures-trainings to counteract bullying in Ukraine. The purpose of the questionnaire was to find out the awareness of adolescents about the problem of bullying in educational institutions, the possibility of eradicating bullying from the educational process by providing recommendations to students how to behave with the aggressor. The following methods were used in the study: statistical, comparative, questionnaires, surveys. After lectures and questionnaires, at the request of some students, individual consultations were held on specific cases of harassment, further recommendations were provided to the school administration. The results of the study showed high awareness among pupils about the problem of bullying (91% of respondents). Regarding participation in bullying as an observer, 23% responded positively, as a victim 17%, as an aggressor 6.5%. The school was recognized as the most vulnerable place – 57%. In most cases, children told their parents about bullying, but one in five did not share the problem with anyone, remaining face to face with bullying. The survey found that in some cases, teachers do not respond or respond inappropriately to bullying in the classroom, that`s why children rarely seek help from teachers. In addition, half of the respondents faced harassment by teachers. Most often, abusers used such methods of harassment as: insults and ridicule (33%), use of nicknames (19%), beatings, slaps, pushing (17%), cyberbullying (13%), ignoring, boycotting (9%), concealment or destruction of property (8%). As for the victims, according to the respondents, they are most often: the weaker ones, who cannot give up (47%), those who are physically different from others (20.5%), a teenager of another nationality or race 12%, those who have another property status (low-income) 11%, those who have other opinion 8%. Regarding the possibility of avoiding bullying at school, 10% believe that bullying is inevitable, while 47% believe that it is possible if adults notice it in time. Therefore, bullying should be counteracted through coordinated work by parents, teachers, civil society and the state.
State control over the financial statements of political parties: a comparative study
Authors: Dzhugan V.V.
Published: August 2021

The article examines the constitutional and legal aspects of state control over financial statements in Ukraine and individual EU countries. It is stated that state control over financial statements is one of the objects of general control over the financing of political parties. The legal framework for reporting financial assets, income, expenses and liabilities is examined. Provisions of Art. 17 of the Law of Ukraine "On Political Parties in Ukraine" determines the general structure and content of the financial report, the frequency of reporting and the general features of the procedure for its submission. The standard form, procedure for compiling and submitting a report of a political party on property, income, expenses and liabilities of a financial nature are regulated by bylaw, namely acts approved by decisions of the National Agency for the Prevention of Corruption. Despite the external legal certainty in this area, there is a gap between the norms of the Laws of Ukraine "On Political Parties in Ukraine" and "On Amendments to Certain Laws of Ukraine on Preventing and Combating Political Corruption" of April 5, 2001 № 2365, which provide the opposite according to the content of the norm on the manner and form of the report of a political party on property, income, expenses and liabilities of a financial nature.

A comparative analysis of financial reporting legislation in the Republic of Poland, the Federal Republic of Germany and the Republic of Latvia is conducted. Unlike in Ukraine, where political parties are required to report quarterly, in these countries, as a general rule, political parties submit financial statements annually. Another feature of the special laws on political parties in these countries is that the report must also indicate the number of party members who are required to pay dues (in Germany) or a separate report on registration and membership dues (in Latvia). Among other things, the experience of Latvia in creating an online database of donations, access to which is open, is interesting.

As a result of the comparative study, proposals and recommendations for improving the quality of the functioning of the mechanism of state control over the financial statements of political parties were synthesized.
Дивертикул Меккеля як причина кишкової непрохідності
Authors: Філіп С.С. , Скрипинець Ю.П. , Сливка Р.М. , Гаджега І.І.
Published: August 2021

Дивертикул Меккеля (залишок жовчного стовбура – утвір, що іноді трапляється в нижній третині здухвинної кишки і є залишком не повністю редукованої судини, яка зв’язувала ембріон з жовточним мішком на ранніх стадіях розвитку), являє собою пальцеподібне випинання стінки кишки, що потребує лікування. У повідомленні описано випадок тонкокишкової непрохідності внаслідок вузлоутворення, спричиненої дивертикулом Меккеля.

Ключові слова: дивертикул Меккеля, кишкова непрохідність, хірургічне лікування.