bluuebunny/crossref_metadata_2025 huggingface dataset:
Jurisdictional form of protection of corporate rights under the legislation of Ukraine
Authors: Boldyreva V.M.
Published: August 2024

The article is devoted to the coverage of the jurisdictional form of corporate rights protection under Ukrainian legislation. Thus, the author focuses on the nature of corporate rights, consideration of the forms of corporate rights protection, which consists in establishing permissible actions provided for by law or contract aimed at preventing, terminating and restoring violated rights.
The author examines the forms (jurisdictional and non-jurisdictional), methods (recognition of rights, debt collection, prohibition to perform certain actions, etc.) and means (complaint, statement of claim, etc.) used to resolve the category of protection.
In addition, the authors have investigated the issue that the form of legal protection is a component of the category of protection, which has a protective nature and depends on substantive legal requirements. However, the choice of the form of protection depends on the subject of protection, the object of protection and the substantive legal requirement, and only in the aggregate of such components can we talk about the forms of protection of corporate rights. It is important to note that general and special procedures are included in the form of protection. The general procedure for protection is the procedure performed by commercial courts through lawsuits, as the law clearly states that corporate disputes have exclusive jurisdiction over commercial courts. The concept of a special procedure for the protection of corporate rights is understood to mean an administrative procedure which is applied in a procedural manner by applying to a higher body or official with a view to protecting corporate rights.
The author proposes to consider various ways of protecting shareholders’ rights in corporate relations which contribute to ensuring stability, growth and development of corporate relations using administrative and non-judicial forms of protection. In particular, this may include internal (corporate) self-defense, appeal to the SSMSC (administrative, out-of-court procedure), and the use of judicial proceedings.
Thus, it was determined that the main legal acts regulating corporate rights in Ukraine are the Civil Code of Ukraine, the Law of Ukraine “On Joint Stock Companies” and other specialized laws and regulations. Ukrainian legislation defines the jurisdictional bodies that ensure the protection of corporate rights, namely: courts of general jurisdiction, arbitration courts and the Antimonopoly Committee of Ukraine.
The impact of increased risk on civil liability for property damage
Authors: Halkevych S.V.
Published: August 2024

In the article, the author substantiates the expediency of liability even in the absence of fault for damage caused by activities or objects that carry an increased risk of causing property damage to other subjects. It is noted that civil legislation consists mainly of norms aimed at positive regulation, establishing the rules of lawful behavior. The will and awareness of the fulfillment of duties, laid down in the norms of civil legislation, are directed precisely at lawful behavior. The will and awareness as prerequisites for the entry of persons into the civil circulation determine legal regulation and give the behavior of persons, in accordance with the established norm, legal significance. The possibility of choice, which a person realizes in the permitted activity, is connected with the will. In turn, choice is often directly or relatively based on risk as an element of decision making.
In the course of the study, a conclusion was formed that in accordance with the distributive manifestation of the principle of justice of tort liability in civil law (distributive justice), the distribution of burdens and benefits of useful, but risky types of activities should take place as follows. The one who receives the benefits and has to bear the burden is the price of co-existence in the social world. It is unfair if the subject of risky activity will transfer the burden of loss from such activity to the victims, leaving only the benefit behind.
Normative ascertainment in a number of cases of no-fault liability is dictated precisely by the just desire to restore the violated property sphere of the victim at the expense of the person who caused the damage, who risked engaging in an activity that creates an increased danger for others, and who was aware that the implementation of this activity could lead to accidental damage.
It should be noted that the above-mentioned arguments for the implementation of the principle of justice, according to which «the one who increases the danger for those present above the usual level through his activities, must also bear responsibility for this increase», are also relevant in the course of defining other types of special torts. Particularly in cases of civil liability in the field of providing medical services. A certain medical activity carried out using X-ray or laser devices, to a large extent, always contains an increased risk of unforeseen complications due to the impossibility of full control over it by medical professionals; therefore it is quite appropriate to attribute such activity to the source of increased danger.
Leading factors in the development of the legal consulting market in Ukraine and the main ways of implementing innovative strategies for the development of consulting organizations
Authors: Lukashov R.S.
Published: August 2024

The article examines the leading factors in the development of the legal consulting market in Ukraine and substantiates the main ways of implementing innovative strategies of consulting organizations. The author identifies the stages of formation of the market of legal consulting in the context of conditions of modernization of the economy, determines the restraining factors of its development.
The factors that hinder the development of legal consulting, such as the lack of uniform standards, lack of qualified personnel, misunderstanding of its role by business structures, are analyzed. The essence of the concept of «open innovation» is considered, which involves the network interaction of consulting firms with other participants. The article characterizes the innovative model of consulting development strategies, focused on technological innovations, and pseudo-innovative, focused on product innovations.
The author substantiates the need for state support and the creation of a favorable regulatory environment for the implementation of innovative strategies by consulting organizations. The directions of reforming the market of legal consulting in the conditions of digitalization of the economy are determined.
The author comes to the conclusion that the use of digital consulting by consulting organizations affects a large number of innovative areas. The introduction of a new strategy for a thorough entry of consulting organizations into the State and business structures of Ukraine provides for their reaching an innovative level of development. It is about effective implementation of the priorities of innovative development, integration of the socio-professional group of consultants and the professional community as a whole, their role in the development of society, government and business structures, popularization of consulting as an element of business infrastructure, high competitiveness of mobile regional networks of consulting organizations, increasing the openness and «transparency» of the Ukrainian consulting services market, stimulating the development of regional consulting services markets, promoting the attraction of foreign companies.
Protection of intellectual property rights against unfair trade practices in the European Union
Authors: Chepis O.I. , Chepis T.V.
Published: August 2024

It is indicated that each state must ensure fair competition in its market in order to support economic growth. This provision is also relevant for the European Union, within which the primary importance is to ensure free competition for the further development of a single system of circulation of goods, works and services, promotion of innovation and creativity, job creation and increased competitiveness, as all this is necessary for the EU to compete in global economy.
This article provides a general analysis of the correlation and interaction between the provisions of intellectual property law and the provisions of competition law in the European Union (EU). In particular, the author examines the peculiarities of legal regulation of economic competition and intellectual property protection at the EU level, the state of compliance with EU competition law in the process of exercising and protecting intellectual property rights, and the role of court decisions in determining the balance between intellectual property protection and competition law requirements. The author emphasises that despite different objectives, competition law and intellectual property law have a common basis and therefore actively interact, i.e. these two systems are synergistic. The author analyses possible options for the relationship between protection against unfair competition and intellectual property laws, including the means that would reduce the often existing «tension» between them. Due to the need for a common regulatory framework to ensure that laws are in line with dynamic trade practices, the EU’s unfair competition laws are mostly flexible and general in nature. The author identifies the measures currently being taken by the EU to optimise the rules in this area. The author concludes that intellectual property protection, as well as effective antitrust regulation, are the most important legal mechanisms created to ensure economic growth based on the development and expanded use of innovations. The author also examines the measures currently being taken by the EU to optimize the rules in this area. It is concluded that the general trend of further development and improvement of interaction between antitrust and intellectual property legislation in the EU should be, first of all, overcoming regulatory and institutional dispersion.
State-building and legislative activities of the soviet puppet republics in southern Ukraine in 1918-1921
Authors: Dobkina K.
Published: August 2024

The article examines the peculiarities of the state-building and legislative activity of the puppet Soviet republics on the territory of Ukraine in 1918-1922, in particular, the Donetsk-Kryvorizka Soviet Republic (DKRR), the Tavrida Soviet Socialist Republic (RSRT), the Odessa Soviet Republic (ORR), and the Don Soviet Republic.
The author of the article proves that the Bolsheviks, seeking to seize power on the territory of Ukraine and not having popularity among the local population, tried to solve this problem by creating «independent» republics in the South of Ukraine, appointing to leadership positions famous Bolshevik figures who all their actions and decisions were coordinated with the top party leadership.
It has been proven that the Bolsheviks used the slogan «the right of a nation to self-recognition», using it through the formation of puppet state entities, the basis of the normative and legal support in them were the decrees of the II and III All­Russian Congresses of Soviets, the Central Central Committee and the Soviet People’s Committee of the RSFSR, instructions and directives of the Russian People’s Commissars . It is substantiated that in these state entities there was no clear division of powers between the Central Committee and People’s Committees, People’s Commissariats, central and local authorities. It was established that in some regions of the South of Ukraine, the real power belonged to the revolutionary commissariats, which were created at the time of the seizure of power by the Bolsheviks at the end of 1917. It is proved that for all the studied state entities there was a characteristic similarity in the deployment of Sovietization processes according to a certain scenario.
The author of the article makes an assumption that in the future the Bolsheviks planned to use these puppet republics to organize a general proletarian revolution throughout Ukraine.
At the current stage of understanding the processes that took place during the revival of Ukrainian statehood (1917-1921), learning their lessons is quite relevant, as it can help prevent the repetition of past mistakes.
Features of acquiring the status of a pregnant woman to acquire rights and guarantees in labor law and social security law
Authors: Mokrytska N.P.
Published: August 2024

The article examines the international legal and national peculiarities of the legal regulation of the acquisition of the status of a pregnant woman in order to obtain all the rights and guarantees aimed at the protection of motherhood. It was found that the documentation in the field of social security is represented in the Ukrainian legislation by a certificate of incapacity for work (for insurance benefits in connection with pregnancy and childbirth) and a certificate for the appointment and payment of state benefits in connection with pregnancy and childbirth to women who are not insured in the mandatory state social insurance system. (for state assistance in connection with pregnancy and childbirth). On the other hand, in labor, the confirming fact of the employee’s pregnancy is connected only with the granting of leave in connection with pregnancy and childbirth, and it is a medical opinion of the category «Pregnancy and childbirth» with the determination of the expected period of childbirth. However, the labor legislation does not define the form of medical documentation, with the help of which the employee could properly inform the employer about her pregnancy. However, based on the results of the examination of temporary incapacity for work, a certificate of arbitrary form can be issued, confirming the fact of temporary incapacity, in the event that the person independently applied for counseling assistance.
It is argued that the digitization and implementation of the electronic health care system acquires the primary importance of the gynecologist’s medical record as information about the results of the patient’s medical care in the Register of medical records, referral records and prescriptions in the electronic health care system. Their summary of the state of pregnancy is part of the patient’s electronic medical record, which is generally entered on the day such services are provided.
Attention is focused on the need to improve the labor legislation of Ukraine and to borrow provisions of the legislation of the European Union regarding the acquisition of the status of a pregnant employee after properly informing the employer about her pregnancy.
On the basis of the study of medical records, an attempt was made to determine such a document confirming the state of pregnancy, an extract from the Register of medical records, referral records and prescriptions in the electronic health care system, which contains such information, which is entered by a medical worker in general on the day of provision appropriate medical service. The right of access to this data in the form of an extract is guaranteed to the patient. Therefore, the employer can be informed about the state of the employee’s pregnancy with the help of an extract from the register, which she can present to him in paper or electronic form.
Time and space flexibility of working time in the countries of the European Union
Authors: Tkachenko V.S.
Published: August 2024

Based on foreign studies, the article examines the relationship between satisfaction with working time and the balance between work and personal life, describes the main reasons for dissatisfaction with working time, and also elucidates the nuances of working time flexibility and its measurement in EU countries, shows the domestic scientific community the achievements foreign colleagues in the study of these issues and presented their results.
Satisfaction with working hours and work-life balance is found to be high in Europe, but there are significant differences between gender, age, social security regimes, and job characteristics. Furthermore, there are still differences in the main causes of dissatisfaction between the sexes and welfare regimes. Thus, the evidence suggests that inequalities in working conditions still exist and that, although one of the EU’s priorities is work­life balance, there are still many aspects of this issue that need to be improved and researched.
The author found that temporal and spatial flexibility varies systematically in different countries. Future comparative studies of work-life balance should consider that there are working­time regimes that combine working time and the workplace in some way, either employee-friendly or employer-driven and that specific combinations may be more effective in promoting work-life balance. personal life.
It is emphasized that although in foreign practice there are comparative studies of working hours, flexibility, and balance between work and personal life, there is a lack of such studies in Ukraine, all the more so that further studies should provide a more detailed analysis, for example, of temporal and spatial flexibility between different socio­economic groups workers in EU countries. Time­use surveys can be used to examine actual daily work patterns as well as actual spatial flexibility of work.
The author emphasizes that comparing different aspects of working time is necessary because they have different effects on work-life balance. Future studies should, to the extent possible, include different measures of flexibility. It is important to understand that work time and place flexibility include many dimensions and that work-life balance is ensured by a particular combination of work time and place flexibility. Therefore, when trying to understand the associations of spatial and temporal flexibility of work and personal life, it is important to grasp a holistic picture of flexibility.
Environmental risks associated with military operations: concepts and signs
Authors: Novak T. , Kapplova O. , Branitskyi О.
Published: August 2024

The article is devoted to the formulation of the concept of «environmental risk associated with military operations», and to the identification of its key features based on the analysis of the developments of legal science and related fields, provisions of national legislation and practice of its application.
Given that our country has faced an unprecedented event - a full-scale war, which in turn has led to the emergence of new environmental risks associated with military operations, and these risks are of a completely different nature than the environmental risks studied in so-called «peacetime», there is a need to expand and modernize the legal conceptual and categorical apparatus, in particular, through the introduction of the concept of «environmental risk associated with military operations». This is the reason for the relevance of this scientific article.
The article analyzes the doctrinal and regulatory approaches to the definition of the concept of «risk». Scientific sources on the interpretation of the concept of «environmental risk» are studied. The author also analyzes the content of the category of «military actions».
The author’s definition of environmental risk associated with military actions is formulated as «a quantitative measure of environmental hazard which reflects the possibility of negative consequences for both components of the biosphere and for humans, their life and health and is caused by the organized use of branches and individual branches of troops (forces) of the Armed Forces of Ukraine, other military formations formed in accordance with the laws of Ukraine, as well as the armed forces and other military formations of the enemy in operations and hostilities».
It is established that the environmental risks associated with military operations are not characterized by anthropocentric focus and substitutionality.
It is substantiated that the signs of envi­ronmental risks associated with military operations are monovariation of forms of origin (military actions are always carried out at the will of a person, and, accordingly, the negative consequences for the environment/biosphere/ human are exclusively of anthropogenic origin); limited possibility of absolute determination (the current state of technology and available experience do not allow to accurately determine the level of environmental threats caused by military actions); cumulative nature (environmental risks associated with military actions may cause other environmental risks and lead to a multiplicity of negative consequences).
Functional assignment of local self-government bodies in the field of cross-border cooperation
Authors: Bilak O.P. , Gerych A.V.
Published: August 2024

It is indicated that in modern Ukraine, in the context of its development as a legal state, European integration, evolution of public administration, local self-government reform, development of united territorial communities, development of civil society institutions, administrative reform, ensuring effective administrative and legal regulation of projects of economic development of united territorial communities.
It is noted that the projects of economic development of united territorial communities are now extremely important in Ukraine for the further development of united territorial communities, the growth of local budget revenues, increasing the economic independence of united territorial communities, the creation of new quality jobs, and the implementation of the principles of sustainable development at thelocallevel, effective management, development of agriculture, promotion of small business development, as well as development of local self-government and promotion of European integration of Ukraine.
The authors agree with the basic content of the definition of the concept of «functions of local self-government bodies», which was expressed by scientists, taking as a basis the construction of the definition of this term as «the main directions of their activity», we will consider in more detail the functions of local self-government bodies that they perform in the field of cross-border cooperation.
As a result of the study of Article 13 of the Law of Ukraine (functions of inter-municipal cross-border cooperation), it was found that in Article 13 of the Law of Ukraine «On Cross-Border Cooperation» there is no functional reflection of the powers provided for by this Law and the Law of Ukraine «On Local Self-Government in Ukraine» in terms of formation, activity and exit from the union of Euroregional cooperation.
In order to avoid a gap in the regulation of the functions of the subjects of cross-border cooperation of Ukraine, it is proposed to add a new function and set out Article 13 of the Law of Ukraine «On Cross­Border Cooperation» in a new version.
Peculiarities of political and legal views P.D. Lodia
Authors: Telep Yu.V. , Popovych T.P.
Published: August 2024

The article is devoted to the study of the political and legal heritage of Petro Dmytrovych Lodiy, who was a famous Ukrainian philosopher, educator, lawyer and teacher. It was noted that P. Lodia’s worldview and directly his philosophical views were formed in the cultural and educational environment of Lviv, and later Krakow and St. Petersburg higher educational institutions. In accordance with this, the periodization of P. Lodia’s creative activity is given: Lviv period (1787-1802), Krakow period (1802-1803) and St. Petersburg period (1803-1829).
The authors draw attention to the fact that P. Lodiy made a significant contribution to the development of Ukrainian philosophical and legal terminology, edited works in this field, and translated German and Latin works into Ukrainian. P. Lodiy is the author of the works «Natural Law of Peoples», «National Natural Law», «Theory of General Rights», «Logical instructions that lead to knowledge and distinguishing the true from the false», etc.
The article emphasizes that P. Lodiy was a supporter of the natural theory of the origin of law, defended the idea of personal freedom of all people. The positions of the scientist were formed on the basis of the philosophical and legal ideas of Aristotle, H. Grotius, H. von Wolff, K. Behmer, S. von Pufendorf, W. Koehler, I. Kant and others.
Studying the political and legal legacy of P. Lodia, the authors note that the rights and duties of citizens in the state, according to the thinker’s views, come from an understanding of the purpose of the state. Attention is drawn to the correlation of natural and positive laws in the views of the philosopher. Speaking about the need for the existence of natural and positive laws in the state, as in any society, he clearly defines the superiority of natural laws, considering them a real regulator of social relations. At the same time, he also emphasizes that natural law is understood and understood by the human mind, instead, that which rests on the will of the ruling class is to a certain extent less natural, more artificial, changeable and, as a result, secondary compared to the natural. At the same time, P. Lodiy emphasizes that every citizen should give priority to the general well-being of the people (compared to his private well-being), but such general well­being and good must necessarily meet the criteria of truth.
Debatable theoretical aspects of combating corruption in the conditions of martial law in Ukraine
Authors: Demianchuk Y.V. , Sydorenko V.V. , Dobrenka N.V.
Published: August 2024

In historical retrospect, our country built its own national security system of Ukraine, which declares generally accepted norms of international law, which allowed the country to establish its own European identity and launch a complex process of transformation of society and the national security system. The events of recent years in Ukraine define corruption in the conditions of martial law in Ukraine as a threat to the national security of the state of Ukraine as a whole. In this context, the President of Ukraine recognized the slow fight against corruption in the conditions of martial law in Ukraine as the main obstacle to the development of Ukrainian statehood.
In the course of the study, the issues of preventing and countering corruption in the conditions of martial law in Ukraine, which are of a systemic nature, are considered in the scientific plan, in particular: administrative and legal characteristics of corruption crimes, since administrative corruption offenses are not defined by the legislator as socially dangerous, but they cause certain damage material, moral or other social relations, the boundaries of which are defined in accordance with the Law of Ukraine „On Prevention of Corruption”, according to the document they are classified as another group of offenses, in particular „offences related to corruption”, the legislator interprets this as „acts that do not contain signs of corruption, but violate the requirements, prohibitions and restrictions established by this law, committed by the person specified in the first part of Article 3 of this law, for which the law establishes administrative, disciplinary or civil liability”; problems of combating corruption in the conditions of martial law in Ukraine; administrative responsibility for certain types of corruption crimes; conflict of interests in the conditions of martial law in Ukraine; reforming the system of state authorities. During the research, classical and author’s approaches to the development of administrative and legal principles for the prevention and counteraction of corruption were analyzed, and positive theoretical and practical foreign experience was used.
The relevance of the proposed research lies in the fact that scientists are paying attention to the solution of corruption problems in certain areas, and specifically, until now, the problem of preventing and countering corruption in the conditions of martial law in Ukraine has not been solved, taking into account the conceptual approach that would ensure the effective functioning of prevention measures and combating corruption based on the author’s proposed model of administrative and legal principles for preventing and combating corruption in the conditions of martial law in Ukraine, which led to the choice of this topic of the article.
Features of the types of control on the performance of electronic procedures in the activities of public administration entities
Authors: Karhamanian D.K.
Published: August 2024

The scientific article highlights the essence of the types of control over the implementation of electronic procedures in the activities of public administration bodies, namely: parliamentary control; from the representative of the Verkhovna Rada of Ukraine on human rights; from the central bodies of executive power. The author substantiates the expediency of improving the legal regulation of the procedure for holding a preliminary meeting before the trial of the case. In particular, it is considered expedient to establish the terms of holding a preparatory meeting from the moment of receipt of an administrative claim, as well as to determine the cases when reconciliation of the parties is not allowed.
It was established that the control carried out by local executive bodies has a much smaller scope, but is the closest to the controlled objects. The control powers of the said bodies within the scope of control over the provision of electronic services are enshrined in the Law of Ukraine «On Local State Administrations» (Clause 9 of Article 16). Part 1 of Article 28 of this law stipulates that in order to exercise the powers granted, local state administrations have the right, in particular, to conduct inspections of the state of compliance with the Constitution of Ukraine and the laws of Ukraine, other legislative acts by local self­government bodies.
It was concluded that regional state administrations, within the limits of their powers, direct the activities of district state administrations and exercise control over their activities. Local state administrations control the implementation of the powers granted by law to the executive bodies of village, settlement and city councils by their executive bodies and village, settlement and city heads. It has been established that control over the exercise of delegated powers of executive bodies by local self-government bodies is entrusted to the relevant local state administrations, and in cases provided for by law, to ministries and other central bodies of executive power, their territorial bodies. Control is carried out by analyzing acts of local self-government bodies, providing local self-government bodies with information on the implementation of delegated powers of executive bodies, conducting inspections of the activities of executive bodies of village, settlement, and city councils. In addition, local executive bodies can create structural subdivisions to perform control functions.
Administrative and legal principles of public control in the judicial system through the prism if ensuring human and civil rights in Ukraine
Authors: Kondratenko V. , Stetsenko D.
Published: August 2024

In the article, on the basis of the analysis of doctrinal studies by national scholars, the author clarifies the concept and content of public control in the scientific plane. It is noted that there is no legislative definition of this concept, despite the significant public interest in public control as a social phenomenon.
It is established that, despite the imperfection of legislative regulation, public control remains an important mechanism of interaction between the public and public authorities, is an important component of democratic governance and contributes to building an open and responsible society.
Attention is focused on the importance of studying the relationship between civil society and the judiciary. The author defines the concept of public control over the judicial system in Ukraine and its essence, and also identifies the ways of public participation in exercising control over the activities of the judiciary. The author emphasizes that public control in the judicial system is one of the key forms of promoting the realization and protection of human and civil rights.
The article assesses the impact of public control in the judicial system on the exercise of citizens’ rights and freedoms. In particular, it is stated that, first and foremost, public control over the judicial system contributes to ensuring the right of citizens to a fair trial. In addition, the author highlights the contribution of public control to the assertion of the human and civil right to access to justice, the right to freedom of expression and access to public information. Attention is also drawn to the participation of public control in identifying and resolving possible corruption and bureaucracy in the judicial system.
In view of the above, strengthening the mechanisms of public control will contribute to increasing the transparency and accountability of the judiciary, which, in particular, will ensure citizens’ access to fair justice and help protect their rights and freedoms. It is proposed to introduce modern control tools, such as online broadcasts of court hearings, which do not require prior permission from the presiding judge. Public access should be provided not only to court decisions, but also to information on the reasons for postponement and adjournment of court hearings, which will help to involve citizens in the decision-making process and increase the level of trust in the judicial system, as well as contribute to the rule of law and human rights in Ukraine.
Peculiarities of ensuring human rights in the context of digital transformation
Authors: Lytvynenko Ye.V. , Skoblyk M.O.
Published: August 2024

The article is devoted to a topical issue that considers the main elements of ensuring the rights and understanding the challenges of digital transformation. It highlights the fundamental problems that arise with the introduction of digital technologies and how they affect the legal protection of personal freedom and privacy. It focuses on the collection, use and processing of personal information, but also highlights the new digital rights that are being recognised and incorporated into existing legislation.
The article examines the problem of access to electronic services and the uneven distribution of opportunities in providing digital access, in particular in rural and remote areas. Among the examples of foreign experience, the article highlights the recognition of the right to access the Internet and efforts to improve the technical literacy of the population. In addition, the article emphasises the «digital right to die» and considers the right to the Internet as a fundamental digital human right. It is necessary to have network neutrality and adhere to security principles for the state to guarantee this right. The article emphasises that freedom of expression on the Internet is crucial, but it requires legitimacy, a legitimate goal for democratic societies.
In summary, the issue of personal data as a digital currency is highlighted and the legal measures taken to secure data in Ukraine are reviewed. The importance of this right and the need to respect it in the context of an increasingly digital society is also highlighted. The study concludes that the rapid development of digital technologies creates a need to protect the rights of citizens on the Internet. In turn, legislation on digital rights should be improved, and the legal framework should be adjusted to meet the challenges of modernisation. Today, there is an urgent need to develop a comprehensive strategy to ensure human rights in the context of digital transformation.
Theoretical approaches to the classification of budgetary and legal norms-incentives
Authors: Prots I.M.
Published: August 2024

The article, based on a comprehensive systematic analysis of current legislation, reveals the peculiarities of enshrining in the budget law and budget legislation such legal means of legal regulation as incentives and restrictions and defines theoretical approaches to the classification of budget and legal norms-incentives in today’s conditions. The issues of implementation of incentives and restrictions in budgetary law with the help of subjects of budgetary legal relations, the peculiarities of the classification of budgetary and legal norms-incentives and their normative consolidation in budgetary legislation in the conditions of various socio-economic and political changes in the state - pandemic, military aggression of the Russian Federation - are analyzed, deterioration of economic conditions. Incentives and restrictions are considered as paired budgetary and legal norms that have their own classification. The scientific and practical value of the classification of legal norms depends on a reasonable choice of criteria. An important way of systematizing budget norms should be recognized as grouping depending on regulated relations, which are understood as a set of relations characterized by a special focus and specific means of implementation. The author classifies incentives and restrictions as paired budgetary and legal norms into compensatory and encouraging ones. Subsidies and grants in the form of subsidies are expediently related to budgetary and legal norms­incentives. Budgetary and legal norms-incentives are studied as means of legal regulation in the mechanism of public administration from the point of view of their classification. In the context of the research topic, a new classification of budgetary and legal norms-incentives is proposed and their practical significance in different conditions is determined. It is noted that it is expedient to enshrine in the budget law the principles of application of incentive norms, which determine the direction and content of state policy in the field of socio-economic activity. Peculiarities of the application of incentive norms and budget law require further research.
The rule of law as a fundamental principle of the organization and activities of an inquirer regarding the prevention of criminal offenses
Authors: Telen O.Yu.
Published: August 2024

The article defines the concept of «principles of the organization and activity of an inquirer regarding the prevention of criminal offenses», systematizes them and provides a description of the principle of the rule of law as fundamental in such activity.
Thus, under the principles of the organization and activity of an inquirer regarding the prevention of criminal offenses, it is proposed to understand the basic guiding principles enshrined in the Constitution of Ukraine, current legal acts, on the basis of which certain rules of behavior in the field of criminological activity are formed, which determine the effectiveness of the procedural activity of an inquirer in the prevention of criminal offenses. This activity of an inquirer is focused on the results achieved at certain stages of a pre-trial investigation.
According to the results of the conducted research, the principles of the organization and activity of an inquirer regarding the prevention of criminal offenses are systematized as follows:

common law - defined by criminal procedural legislation (rule of law, legality, humanism, justice);
special - inherent in the criminological activity of an inquirer, determining the criteria for the effectiveness of his activity as a subject of the prevention of criminal offenses (comprehensiveness, timeliness, consistency, completeness of identification of certain circumstances that contribute to the commission of a criminal illegal act, impartiality of their investigation).

It is substantiated that the principle of the rule of law should be perceived both as a universal and as an integral principle of law, which covers the following components: legality; ensuring human rights; legal certainty; justice; quick, complete and impartial investigation (this principle is fundamental in the formation and implementation of the preventive function of an inquirer and plays the role of a fundamental principle and connecting link in the system of relations between the law enforcement body and the person, as well as the principles, methods and means of inquiry bodies activity).
Some legal aspects of participation of the prosecutor in cases of administrative offences in the application of coercive measures related to the restriction of personal freedom of citizens
Authors: Kushnir I. , Adamchuk S.
Published: August 2024

The article provides a legal characterization of the prosecutor’s participation in cases of administrative offenses when applying coercive measures related to the restriction of personal freedom of citizens. The author analyzes the legislation on administrative offenses with the relevant conclusions about the categories of cases which cannot be considered without the participation of the prosecutor. The author focuses on attention is focused on the fact that departmental acts of the Office of the Prosecutor General of Ukraine provide for mandatory participation of prosecutors in cases of administrative offenses in case of application of coercive measures related to the restriction of personal freedom of citizens.
We have drawn parallels between the direct participation of a prosecutor in in the consideration of an administrative offense case and prosecutorial supervision of the relevant authorities that consider cases and apply measures of for administrative offenses. The author emphasizes that prosecutorial supervision over the observance of laws in administrative offense cases can be divided into two categories: direct participation in the consideration of of an administrative offense; supervision of the relevant bodies which that consider cases and apply measures of influence for administrative offenses.
Differentiated coercive measures related to the restriction of personal freedom of citizens applied in cases of administrative offenses. In particular: the type of administrative penalty provided for in Article 24 of the Code of Ukraine on Administrative Offenses (hereinafter - the CUAO) (e.g, administrative arrest, arrest with detention in the brig); measure Ensuring proceedings in cases of administrative offenses, provided for in Article 260 of the Code of Administrative Offenses (e.g., administrative detention).
The article also analyzes the conclusions of the European Court of Human Rights regarding the observance of the principle of impartiality in the absence of a prosecutor during the administrative offenses, etc.
Legal Mechanisms and Tools for Improving the Internal Stability of the Economy of the Republic of Belarus
Authors: Minich Svetlana
Published: August 2024

Improving the internal stability of the economy is one of the leading tasks of public policy in most countries. The Republic of Belarus is continuously actively searching for effective legal mechanisms and tools aimed at creating favorable conditions for stable economic growth and improving its qualitative characteristics. Purpose. The author's aim is to determine effective legal mechanisms and tools to increase the internal stability of the economy of the Republic of Belarus, based on the essential content and causes of the economic crisis. Methodology. The research is based on general scientific and private scientific methods: dialectical, formal-logical, system-structural, terminological; general logical methods. Results. The study allowed us to reveal the concept of economic stability, the prerequisites of crisis situations, to identify legal mechanisms and tools to increase the internal stability of the economy, to develop practical recommendations for their implementation. Conclusion. The choice of legal tools for improving the internal stability of the economy directly depends on the causes, scale, direction and duration of the crisis situation. In order to effectively solve the problems of countering economic collapses, it is proposed to consider the possibility of switching to special legal regulation to streamline relevant public relations and adopt an anti-crisis law of a model nature at the national level, fixing a single procedure for actions in conditions of economic turbulence.
Issues in the Practice of Compensation for Losses
Authors: Makarova Lidia , Nevzgodina Elena
Published: August 2024

A prerequisite for a stable turnover cycle is the possibility of full and fair compensation for losses incurred in connection with the execution of contracts. The idea of damages as a universal legal instrument does not change the relevance throughout the world of the continuous development of the principle of legal regulation, causing the complication of cyclical turnover. However, when applying the requirements for regulating the property status of participants in a circular flow, the measure of liability - penalties, losses and unjust enrichment - continues to raise questions. Using the example of resolving disputes under construction contracts, the authors of this article show that the potential of the protective mechanism for compensation for losses has not been fully disclosed; in particular, it is an effective legal means of bringing the parties into a position of proper fulfillment of the obligation. Purpose. The purpose of this article is to determine the potential for a more complete application of the civil remedy for the recovery of damages. Methodology. Achieving this goal was ensured by the use of general scientific and specific scientific research methods: dialectical, formal-logical, comparative legal, and the method of scientific analysis. Results. When considering the possibility of compensation for losses under a current contract, it is concluded that the main idea of compensation for losses, in addition to compensation for property damage (expenses), is to bring the parties to the contract into a position of proper fulfillment of the obligation. It is this understanding of this protective mechanism that meets the goals of effective protection of the rights of participants in property transactions. Conclusion. Current legislation reflects the universal nature of such a legal remedy as compensation for damages. However, in many cases it continues to be applied by courts with extreme caution. To avoid unjustified narrowing of the use of this protective mechanism in contractual obligations, based on modern trends in the development of law, compensation for damages should be considered as a result of bringing the parties to the position of proper performance of the obligation.
The Universality of Human Rights as an Aggregation of Law and Morality
Authors: Antonchenko Vadim
Published: August 2024

Human rights, despite criticism of their universalism, are important for any person, regardless of his ethnic and racial affiliation, social status and religious views. One or another development of the discussion on the acceptability of a universal view of human rights, objectified in law, legislation and law enforcement, is embodied in the relationship of a person with the state and society and directly affects their well-being, security, ability to evolve and progress. Purpose. The main purpose of the article is to identify the role of the institution of human rights as a carrier of interrelated legal and moral prescriptions. Methodology. Causation of the problems of the functional connection of law, morality and fundamental rights of the individual is carried out by methods of theoretical synthesis and legal synergetics, which make it possible to actualize scientific knowledge about the universality and egalitarianism of human rights, the degree of perception of which by public consciousness and legislation strictly correlates with the processes dominating social dynamics and determining a particular state of public well-being and security. Results. Human rights are not a given, but the direction of society's development towards freedom, justice, equality, a necessary condition for the formation and functioning of the rule of law. Human rights impart morality to the law, strengthening the legitimacy of the legal norm; in turn, the law, relying on the universalism of these rights, gives moral prescriptions legal force. Combining the power of law and the properties of morality, human rights, recognized and protected by the state, allow society to come to certain, considered by a significant and most successful part of humanity to be the highest, legal forms of organization of the state.