bluuebunny/crossref_metadata_2025 huggingface dataset:
The main results of the research project «Legal and organizational foundations of using the aerospace survey for the research and protection of archaeological heritage of Ukraine»
Authors: Malolitneva V. , Borysov A. , Hurova A. , Malyshev O.
Published: April 2022

The present article summarizes the main results of the research project «Legal and organizational foundations of using the aerospace survey for the research and protection of archaeological heritage», implemented within the grant of the NAS of Ukraine for research laboratories/groups of young scholars of the NAS of Ukraine to conduct research in priority areas of science and technology in 2020-2021. The paper briefly outlines the current state and prospects of the development of Ukrainian legislation on protection and research of archaeological heritage, as well as the results of practical monitoring work using aerospace survey, which provided: 1) fixing the state of preservation of the national objects of archeological heritage; 2) research of the erosion zones of the Dnieper reservoirs. The practical work allowed the author’s team to identify the benefits of using remote sensing survey to introduce comprehensive monitoring of archaeological heritage, as well as to identify problems in the organization and legal regulation of relations in the field of protection and research of archaeological heritage in Ukraine; and to elaborate proposals for their solution. The innovative nature of the research is that the author’s team managed to conceptualize an interdisciplinary approach to the organization of the use of remote sensing of the Earth for research and protection of archaeological heritage. The project combined archeology, space law, international and national cultural heritage law, substantive and procedural criminal, economic and administrative law, some technical issues of using modern equipment for aerospace monitoring. This approach allowed to develop a holistic theoretical basis for improving the legal regulation and organizational support of relations in the use of aerospace survey for research and protection of archaeological heritage of Ukraine.
The European Court of Human Rights Practice as an Administrative Law Source in the Domestic Legal Discourse
Authors: Turetskyi V.
Published: April 2022

The article is devoted to the study of the European Court of Human Rights practice implementation into the national legal system by domestic legal science, in particular, administrative law. It is noted that the issue of the European Court of Human Rights decisions implementing into the national legal system arose before Ukraine in 1997 when the Convention for the Protection of Human Rights and Fundamental Freedoms was ratified.

It is noted that a significant role in the process of national law improving belongs to the European Court of Human Rights, which is the body monitoring compliance with the Council of Europe’s Convention for the Protection of Human Rights and Fundamental Freedoms by the Member States.

Emphasis is placed on the fact that to date there has been no comprehensive study of the European Court of Human Rights practice in the administrative law sources system, which would be based on Western legal culture

in Ukraine. It is noted that the European Court of Human Rights decisions nature is a “challenge” for the domestic legal system, that did not recognize case law as a source of law and, moreover, the interpretation of the category “human rights” by Strasbourg court is qualitatively different from its understanding by domestic legal doctrine, still being largely based on the perception of rights as opportunities guaranteed by law. Until now, the principle of legality was the fundamental law principle, and the justification of the decision taken in the administrative process was reduced to a reference to the prescription of the normative legal act. Legal provisions set out in judgments of the European Court of Human Rights are based on other legal postulates.

The analysis of scientific sources, the object of study of which is the European Court of Human Rights practice as a source of administrative law, is being tcarried ou.

It is suggested that the existing scientific research of the European Court of Human Rights as a source of administrative law be classified into two groups: scientific papers, the subject of which is the European Court of Human Rights practice; scientific papers, the subject of which is the impact of the European Court of Human Rights practice on the national legal system, the immanence of features of forms of lawforms to this practice, etc.

It is concluded that the analysis of scientific developments of the European Court of Human Rights practice as a source of administrative law by domestic legal science allows us to conclude about the relevance of the chosen topic, its lack of research and the need for elucidation.
Administrative and legal status of religious organizations in Ukraine: structure and features of its elements
Authors: Chornopiska V.
Published: April 2022

The article characterizes the administrative and legal status of religious organizations in Ukraine, defines its structure and features of its elements. It was found that the administrative and legal status of a religious organization is a complex polystructural category that reflects the system of legally established and guaranteed by the state rights, responsibilities of religious organizations in relations with public authorities, legal personality of religious organizations, administrative and legal guarantees and protection of the legal capacity of these organizations and their responsibilities to profess and disseminate religious beliefs and teachings, to oppose other participants in public relations in case of violation of the rights of religious organizations, and the state, including public administration bodies on the other hand, to control the rule of law this process, eliminate violations of citizens' rights by religious organizations.

The following characteristics of the legal status of a religious organization as a participant in administrative relations: non-entrepreneurial nature and non-profit organizational unity, state registration, property separation, the ability to protect their rights in public law, challenge actions and decisions of public authorities, be a plaintiff in court, to carry out activities to satisfy the religious rights and interests of believers and to spread religious beliefs and disciples.
Administrative and legal status of local self-government bodies in the context of decentralization reform
Authors: Yaroshenko A.
Published: April 2022

The article is devoted to the study of the administrative and legal status of local self-government bodies in the process of implementing the decentralization reform.

Currently, Ukraine is undergoing a decentralization reform. Its beginning, in its current form, is considered to be the approval by the Cabinet of Ministers of Ukraine of the concept of reforming local self-government and territorial organization of power in Ukraine in 2014 and the approval of the action plan for its implementation, which launched the decentralization reform. In 2020-2021, a new stage of decentralization is taking place in Ukraine, which was characterized by a number of significant legislative changes.

The article examines the administrative and legal status of local self-government bodies. It is argued that the term “local self-government body” is understood as an autonomous, non-sovereign legal entity of public law, which was created and received its power from a law adopted by Parliament. The degree of independence of local self-government in decision-making is determined by the nature and structure of administrative relations with state authorities.

It is concluded that during the implementation of the reform, the legislation on local self-government and related legislation should be revised and improved in such a way as to expand the powers of local self-government bodies and contribute to the better performance of their functions, especially in the management of personnel issues, financial affairs and in determining their own priorities in the provision of public services. Despite the revision and amendment of the legislation on local self-government and other relevant legislation, the analysis of scientific sources gives grounds to assert that the exercise by local self-government bodies of their statutory powers and the performance of the functions assigned to them largely remained under the influence and control of the state authorities.
Formation of scientific opinion on juvenile victim
Authors: Titochka T.
Published: April 2022

The article considers the process of formation of scientific thought about juvenile victimhood. It is indicated that the study of theoretical achievements in the field of general and juvenile victimology from its inception (within criminology) to the present day, allows to classify the latter into three groups according to the subject: 1) the phenomenon of juvenile victimization, victimization and victim behavior values, determination, background phenomena); 2) the person of a minor victim of criminal wrongful encroachment (definition, structure, classification, typology and psychology); 3) victimological prevention (general characteristics, forms and methods, foreign and international experience). Particular attention is paid to the fact that both in the first, still basic criminological research, and in modern works, these three groups are unchanged (except for some, minor deviations in the subject and general approaches of the scientists themselves). It is noted that the first scientific research within the sciences of the criminal law cycle was devoted exclusively to the criminal offender, due to the belief of scientists that only he is the root cause of socially dangerous acts. The study of the identity of the subject of the offense was reduced to the search for physiological defects (features) that force a person to break the law. It is concluded that currently in Ukraine there is an active scientific work to study the peculiarities of victim behavior of both adults and minors.

The first mention of victims of crime is remarkable in the works of Cesare Lombroso. However, the first criminologist to introduce the concept of «victimology» was the Romanian researcher B. Mendelssohn, who in 1975 in his monograph «General Victimology» proposed the victimological concept of «clinical» or «practical» victimology. Victim behavior of minors began to interest the scientific community in the postwar period, in the late twentieth century. In Ukrainian science, juvenile victims and the peculiarities of their behavior are found, mostly, within scientific articles.
Problems of improving the legislative activity
Authors: Pogorelova Z.O.
Published: April 2022

The article, based on the outline of existing shortcomings in the legislative activity of the Verkhovna Rada of Ukraine, examines the problematic issues of improving the legislative activity of the Verkhovna Rada of Ukraine, substantiates the need to continue parliamentary reform in general communication strategy, strategy for building the human resources of the parliament. First of all, attention is paid to the problem of redundancy of legislative regulation of public relations in the field of business, economy in general, construction, land legislation, labor relations and others and measures aimed at overcoming this negative phenomenon. It is proposed to specify the provisions of the Regulations on the requirement for developers to comply with the minimum adequacy of legislative intervention in public relations, to formalize the requirements for parliamentary competence, simplification and the need to generalize legal regulation, minimize parliamentary interference in existing legal relations, its possible alternatives from the new law, proximity and understanding to citizens, the need for state control, the legitimacy of restrictions on the rights and freedoms of citizens and the possible minimization of conflicts of interest.The issue of shortcomings in the political coordination of bills is considered, given the weak consensus nature of the Ukrainian parliament, the corresponding need to resolve the status of a parliamentary minority. The need to increase the role of committees in the legislative process, improve the mechanisms of interaction of the main committee on the bill with other committees, increase the transparency of parliamentary committees and parliament in general through the creation and better operation of websites of committees, publication of conclusions on bills submitted by the government. scientific institutions, public organizations at the request of relevant parliamentary committees.Proposals are made to increase the systemic nature of the draft law and to amend the current legislation accordingly, including planning on the basis of the optimal ratio of existing short-term, medium-term and long-term draft law plans for three, five years and more.
Relationship between the idea of fairness and the principles of justice as a basic condition for the functioning of the Constitutional Court of Ukraine
Authors: Legkikh K.
Published: April 2022

The article highlights the relationship between the idea of fairness and the principles of justice as a basic condition for the functioning of the Constitutional Court of Ukraine. It is pointed out that the entire legal system in the world, declarative-formal or real, is based on the idea of fairness, and accordingly, all judicial bodies, including the Constitutional Court of Ukraine are called to serve this idea. Since the main task of the Constitutional Court of Ukraine is to guarantee the supremacy of the Constitution as the Basic Law of the state throughout Ukraine, the basic principles on which the justice system develops and operates are determined by the Constitution of Ukraine. To ensure and protect them by the Basic Law, the only body of constitutional jurisdiction, the Constitutional Court of Ukraine, is empowered to exercise judicial constitutional control over legislation, international law and other bylaws.
The paper reveals the relationship between the idea of fairness, which is not formally defined in the constitutional norms, and the principles that serve the purpose of justice, which is protected by a single body of constitutional jurisdiction of Ukraine. It is also presumed that the principle of fairness plays an important role when there are gaps in the legislation; when judges need to apply not the analogy of law but the analogy of law. Fairness is also a moral category. Accordingly, the resolution of the dispute depends on the moral qualities of the judge, his legal culture and legal awareness, awareness of their responsibility to the parties.
Conclusions are offered that the principles of justice are the basic preconditions, the intellectual and spiritual basis that serve to embody the idea of fairness. In turn, the principles are a tool to ensure it on the basis of their actual application and interaction.
And in terms of the relationship of the idea of fairness with the principles of justice as a basic condition for the functioning of the Constitutional Court of Ukraine, it should be emphasized that although the Constitutional Court of Ukraine is not part of the judiciary, its procedural activities should be based on principles of justice should be implemented in close connection with the idea of fairness in order to implement it in public relations.
The staff of the Public Prosecutor’s Office in Ukraine: in search of optimal ways of formation
Authors: Stefanchuk M.
Published: April 2022

It has been provided a comparative study of the national legal systems of some European Union member states with a high level of civil society confidence in the justice system, in terms of the formation of the prosecutor’s office as part of this system.

It has been stated that in order to substantiate the timeliness and demand for measures of the current stage of reforming the prosecutor’s office in Ukraine, the criterion of the level of civil society trust in the prosecutor’s office is set, which fully meets the European standard of functioning of this institution in a democratic society.

Taking into account the unsatisfactory state of functioning of the existing model of prosecution authorities in Ukraine, from the point of view of the level of support provided by society, there is a need to study the formation of prosecutors in foreign countries in order to gain successful experience in establishing this important institution in the state justice system.

It has been highlighted the peculiarities of the legal policy on determining the qualification requirements for candidates for the position of prosecutor, selection procedures and professional training of prosecutors in the Member States of the European Union with a high level of civil society trust in institutions that provide due justice.

It has been established that a high level of civil society trust to the justice system is, to a decisive extent, a projection of a certain legal policies of these states, aimed at methodological academic and special professional training of the judiciary staff, including prosecutors.

It is concluded that simplification of the procedure for selection and training of prosecutors may not always indicate its improvement, as only a systematic change in the special training of candidates for the position of prosecutor and further training of incumbent prosecutors, taking into account best practices, can contribute to high level their professional competence as a prerequisite for increasing the level of trust of civil society in the prosecutor’s office as an institution as a whole.
Joining NATO as a guarantee of Ukraine’s national security. Current situation and prospects
Authors: Kononenko V. , Novikova L. , Pushchaienko O.
Published: April 2022

The article considers the process of formation, current state and prospects of relations between Ukraine and the North Atlantic Alliance. In addition, the advantages for the state from membership in this military-political bloc are highlighted, namely: guarantee of national security, sovereignty, compliance with high NATO standards in the military-defense sphere, etc. It was established that the intensification of bilateral cooperation began in 2014 in connection with the hybrid war. Accordingly, the urgent need for Ukraine to find effective ways to ensure national security. Given the tension on the Ukrainian-Russian border in 2021, support from the Alliance and Euro-Atlantic integration in general has become even more acute issue for Ukraine.

The study separately identifies and considers domestic political factors that slow down Ukraine’s approach to NATO membership (slow and inconsistent reforming, corruption, weaknesses in the judicial system, non-compliance with all the tenets of democracy), as well as foreign policy obstacles (the tension in relations with particular members of the Alliance, the threat of the conflict escalation with Russia).

Based on the analyzed obstacles, it is concluded that the prospects for Ukraine’s integration into Euro-Atlantic structures are quite far-reaching, but most importantly, NATO cooperates fully with Ukraine, supports its intentions to join the Organization and prevents third countries from influencing the decision on Ukraine’s entrance into the Alliance. Given the prospect of a long process of Ukraine’s Euro-Atlantic integration, a number of recommendations aimed at accelerating this process are developed in the study, including: strengthening cooperation with NATO countries in a number of areas in which cooperation is already taking place; accelerating the implementation of the provisions of the Annual National Programs; mass education of the population on the course of Ukraine’s Euro-Atlantic integration and its benefits for the state; improving bilateral relations with the member states of the Organization and eliminating possible contradictions in relations with them.
Certain aspects of implementation of Ukraine’s commitments under the agreement on association with the EU in the part of energy
Authors: Shulga E. , Shinkaruk N. , Marinich V.
Published: April 2022

This article analyzes the implementation of the EU energy policy directives into the legislation of Ukraine in accordance with the Energy Community membership and signing the so-called «Association Agreement with the EU», first of all, the adoption of the Law «On the Market of Natural Gas», the Law «On the Market of Electricity»

Law. Law «On Energy Efficiency», Law «On Earth Energy and Legal Regional Earth Regional Energy Obbles», separate provisions of the Tax Code of Ukraine, Ukraine’s Energy Strategy for the period up to 2035 «Security, Energy Efficiency, Competitiveness, etc. allowed to conclude that the implementation that the implementation EU Energy Directives in Ukrainian legislation are fragmented, unsystematically, without clear economic miscalculations and expected result, which increases their overall purpose of providing Ukraine’s energy security. It is concluded that despite the adoption of the Law of Ukraine «On the Market of Electricity Market» in fact remained a normative unrivaled issue of the introduction of parallel markets, generating capacities and the problem of accumulation of debts, detailed regulatory and technical infrastructure. The rapid transition to green energy and extremely high price on it, in the conditions of the permanent economic crisis, causes excessive load to the state budget of Ukraine. Under such conditions, the functioning of large power plants from renewable energy sources is characterized by sharply variables in the work of the united energy system of Ukraine. It is indicated that the adopted Law of Ukraine

«On Energy Efficiency» provides for the national and regional energy management system for energy security and energy efficiency for energy safety and energy efficiency, at the same time without proper financing and preparation of a sufficient number of energy efficiency specialists, it risks its exclusively declarative character.
Ecological culture: philosophical and legal reflection
Authors: Harkavluk Yu.
Published: April 2022

The article considers the philosophical and legal retrospective of ecological culture by analyzing the dynamics of filling its content characteristics. Ecological culture has been found to be an integral category consisting of a number of elements. In its structure can be distinguished at least a few organic components: cognitive, emotional and aesthetic, value, legal and activity. The basis of ecological culture is proper ecological and legal consciousness.Thus, ecological culture is a process and result of the formation of ecological consciousness of the individual, which reflects the inseparable unity between the set of knowledge, ideas about nature, emotional, value and legal attitude to it (internal culture) and relevant skills, interactions (external) culture), based on the harmonization of relationships in the system “nature-law-man”.There are three components of ecological culture that reveal its content, namely: the appropriate level of environmental moral and legal knowledge (intellectual component); appropriate level of environmental and legal awareness (value component); appropriate stock of practical skills in the field of environmental protection (activity component). It is the combination of these three components (intellectual, value and activity) in the legal context that determines the formation of environmental culture. Philosophical and legal reflection allows us to state that ecological culture is “turned to two worlds - the inner world of man and the surrounding natural environment. With its goals, this culture is aimed at the moral and legal education of high humanistic values and guidelines in human life, observance of the natural order and the development of an effective state system.
The Constitution as a constituent document on the economic system of society
Authors: Pustovalova I.
Published: April 2022

The article discusses the doctrinal definition of the potential capabilities of the constitution to establish the principles of the economic system of society, the relevant normative tools with which the constitutionalization of the economic system takes place, and it also turns out how the backbone (constituent) norms relating to the economic system are presented in the constitutions of various "generations". Based on the results of the study, the conclusion is substantiated that the impact of the constitution on the economy is most tangibly manifested in the intersection of the constituent and economic functions of the constitution. The author argues that the implementation of the constituent function of the constitution in relation to the economic system of the country is carried out through a number of so-called specialized norms or atypical legal prescriptions. In particular, the establishment (establishment) of the economic system at the level of the main law is carried out with the help of norms-goals, norms-tasks and norms-principles. All these norms have a backbone (constituent) character in relation to the economic system and give a general purposeful nature to the law enforcement process in this area. The article emphasizes that the system-forming (constituent) norms related to the economic system can be presented in the preamble, as well as structural parts devoted to the principles of the constitutional order or specifically the constitutional principles of the country's economic system. The author notes that the system-forming (constituent) norms relating to the economic system are most widely represented in the constitutions adopted in the period from the end of the Second World War to the present, that is, in the constitutions of the third and fourth generations. This is due to the strengthening of state influence on the economy, the complication of the economic policy of the state and the expansion of the subject of constitutional and legal regulation.
Human rights in the context of implementing health reform
Authors: Serdiuk N. , Vangorodska G.
Published: April 2022

In general, the legal state of social orientation places the person in the first place as the highest value of society; therefore, human health is not only a guarantee of its long, active and useful life, but also a source of spiritual health of society.

Since health care activities are related to the reproduction of real everyday life of people, it is necessary to identify the main criteria for modernization and organizational and legal support of the state doctrine of health care of the social state governed by the rule of law: 1) socio-economic, psycho-emotional, environmental conditions for health; 2) the level of medical care; 3) availability of safe and healthy forms of life; 4) civil rights and guarantees for receiving medical care and living in a safe environment; 5) the ability to choose medical services and health-friendly behaviors and lifestyles; 6) material and socio-cultural bases for the development of human health potential in accordance with his social status and health status; 7) ways of regulation, social control of health care, pharmacology and medicine; 8) the degree of responsibility of social actors for the preservation of health; 8) the degree of responsibility of social actors for the preservation of health; 9) ways to reduce social inequality in health care and health care; 10) social interests, needs, expectations, motives and incentives of social actors in the field of health care.

The purpose of formation of the state doctrine of health care of the social legal state of the decision of the following tasks: 1) methodological substantiation of the criteria for distinguishing social innovations in the field of health care from the whole array of innovations; 2) sociological analysis of innovative solutions in the field of health care, considered in relation to the principles of social policy in the field of health care: justice, equality (accessibility), efficiency, coordination of interests; 3) sociological analysis of satisfaction with health services and the expectations of different groups and categories of the population on the need and directions for improving certain aspects of its activities; 4) development of methods for studying health self-assessments as a quality in demand in the innovative economy; 5) public opinion on the prospects for the development of the health care system; 6) study of the professional vocation of doctors in the context of increasing work motivation and the formation of a relationship of trust between doctor and patient; 7) development of scientifically substantiated recommendations aimed at improving the quality of management of innovative development in the field of health care.
Issues of gender discrimination in Ukraine: legislative innovations and new challenges
Authors: Slovska І.
Published: April 2022

The article examines the peculiarities of the implementation of gender policy by the Ukrainian state. The main features of international and European legislation aimed at eliminating gender discrimination and establishing the principle of equal treatment are studied. The terms found in the domestic legislation are analyzed – «discrimination», «affirmative actions». It is emphasized that a distinction should be made between the terms «smart adaptation» and «affirmative action». One example of positive action is the so-called gender quotas in elections.

The author emphasizes that the equality of the sexes in the army, police, and other previously purely «male» professions is an indicative characteristic of the Ukrainian state's desire to be equal to the world's leading states in gender issues. Undoubtedly, this is a specific part of the objective process of real reality and the strengthening of the role and influence of women in society.

The implementation of gender policy in Ukraine is considered on the example of the spheres of military service and so-called «peaceful» professions.

Emphasis is placed on the fact that strict adherence to obligations under international agreements is a constitutional principle of the Ukrainian state. Legislative changes help eliminate inequalities between women in the use of rights  compared to men. However, it should be borne in mind that both men and women are equal but not similar in terms of, at least, physiological characteristics. Providing the same mechanism for realizing their potential should not be an obstacle to ensuring special rights tied to the objective natural features of the articles. Additional preconditions for self-realization can be borne by additional risks – demographic, psychological, mental, etc. for a particular person and society as a whole. It is important to find a reasonable relationship between the protection of women’s rights and freedoms and the systematic use of their resources.
Art of the work as an object of copyright
Authors: Kmetyk-Podubinska Kh.
Published: April 2022

The issue of interpretation of the art of works is one of the main theoretical and applied problems of copyright, because without a clear understanding of this category at the level of research consciousness, it is hardly possible to talk about a comprehensive study of relevant objects. Therefore, the purpose of the article is to analyze the art of the work and its criteria, as well as to clarify the role of the studied category to provide legal protection for the work. Despite the large number of works devoted to the study of various aspects of the work, it should be noted that in the legal literature has not formed a single comprehensive understanding of the category of art of the work and its characteristics.

The optimal methodological basis for the study is a set of philosophical and ideological approaches to the study of the category of art, general and special legal methods. Thus, the methods of analysis, synthesis, deduction, induction, structural-functional, terminological, hermeneutic-legal and formal-legal methods are used.

The article examines the content and essence of the concept of the work of art as an object of copyright. Emphasis is placed on the importance of researching this concept not only in the light of art, cultural and philosophical fields of knowledge, but also in terms of copyright and protection of its objects. The author conducted a thorough analysis of the category of art of the work; оn the basis of norms of the legislation in the article the basic kinds of works of art are allocated. The criteria of art of works are studied and analyzed. The article examines the substantive and formal components of the work, as well as their role in addressing the issue of providing the relevant objects of legal protection.

It is established that the substantive criteria of the work of art are humanistic ideology and truthfulness, the depth of reflection of the phenomenon of reality, while formal are recognized systemic, organic, optimal organization, completeness of the theme, and harmony. However, it was found that art is a fundamental category and quality of work, but can not be decisive in solving the issue of legal protection.
Applied nature of legal facts in family legal relations
Authors: Piddubna V.
Published: April 2022

For the analysis of legal facts in family law and their applied role, the criterion may be the degree of compliance of family law norms with generally accepted ideas of justice, good faith, reasonableness, since unfair legislative norms are especially unacceptable in regulating family relations, as factors that determine physical and mental health. health and moral potential of society. Legal facts and their compositions, which determine the emergence, change and termination of relations, play a special role in family law. Combining the norms of family law with social relations that are part of the subject of the branch of family law, legal facts transform social relations into legal ones. Legal facts are essentially the basis for the differentiation of the legal regulation of family relations. The study of this topic is of interest both for rule-making and law enforcement activities, and for the development of the science of family law in general. The law enforcement agency must not only establish all the legal facts necessary to resolve the case, but also properly qualify them. Analyzing judicial practice, the author notes that the problem of establishing the legal nature of law-terminating legal facts requires its scientific solution, taking into account the existing factual or legal circumstance of reality.
Concepts and basis of liquidation of legal entities carried out activities in the field of agricultural production
Authors: Popko Yu.
Published: April 2022

Liquidation of legal entities engaged in agricultural production is one of the ways to cessation of them. The legal regime of liquidation is the legal registration of the irrevocable termination of the legal entity. Their special legal status should be taken into account during the liquidation procedure of agricultural organizations. Such organizations occupy an important place in the system of production, processing and distribution of agricultural products, and thus – in ensuring food security of the state. Therefore, the initiation of the procedure of liquidation of the studied subjects should be carried out taking into account the seasonal nature of agricultural production activities, the need to collect and sell agricultural products, etc.

The grounds for liquidation should be understood as legal facts determined by law or the constituent document, with which the legislator connects the beginning of the liquidation procedure, ie the adoption of the relevant decision by the authorized person (authority).

Legitimate grounds for liquidation of a legal entity are regulated by Art. 110 of the Civil code of Ukraine from which instructions it is seen that the legal entity is liquidated: at the will of its participants or the authorized body; on the basis of a court decision on the termination of a legal entity not related to its bankruptcy. The special legislation, which has defined the features of the formation, operation and termination of certain types of agricultural legal entities, has enshrined similar in content provisions. The key basis for voluntary liquidation is the decision of the participants or the body of the legal entity (because in fact the term for which the legal entity was established and the achievement of the purpose for which it was created are "absorbed" by the presence of such a decision). Instead, the grounds for compulsory liquidation are: court decision on liquidation of a legal entity due to violations committed during its creation, which cannot be eliminated, at the suit of the participant of the legal entity or the relevant public authority; by a court decision on the liquidation of a legal entity in other cases established by law – at the request of the relevant public authority.
The definition of contract as one of the theoretical bases of legal regulation of the provision of financial services
Authors: Svyatoshnyuk S.
Published: April 2022

Тhe definition of the concept of a contract as one of the theoretical foundations of the legal regulation of the provision of financial services in Ukraine has doctrinal significance for the provision of financial services.

The author notes that the Civil Code of Ukraine does not contain separate provisions under the agreement on the provision of financial services. Turning to special legislation, it is noted that the laws do not contain a definition of the concept of a contract for the provision of financial services, however, by analyzing individual articles, it is possible to investigate the approach to understanding the contract being studied through the category of “contract-legal fact”.

It is argued in the article that, according to the definition of the concept of a contract as a legal fact, a contract is a certain lawful act on the part of parties who intend to establish, modify or terminate certain rights and obligations. However, the contract is not only the basis for the emergence, modification or termination of certain rights and obligations, that is, it “affects” the dynamics of legal relations, but also through the contract the parties can determine the specific content of rights and obligations in each individual case.

The contract differs from other legal facts that it not only provides grounds for the application of a rule of law in a particular case and for the emergence, modification or termination of specific legal relations, but also directly regulates the conduct of the parties, determines the rights and obligations of the parties to legal relations. This follows from the essence of the contract as an agreement of the parties, an act of their will. By expressing their will, the parties assume certain responsibilities and acquire certain rights.

Although the content of certain articles of special laws on the provision of financial services can define a financial services contract as a legal fact with which the emergence of legal relations for the provision of financial services is associated, the doctrinal significance is the definition of a contract through the classical theory of the interpretation of a contract as an agreement.
Legality as the main requirement for judicial acts in civil judicial procedure
Authors: Senyk S.
Published: April 2022

The main emphasis of the article is that in civil proceedings, as in any type of proceedings, all judicial acts are subject to such a requirement as legality. Proper and timely application of procedural law is designed to ensure the correct application of substantive law. It is argued that a judge should always keep in mind that any rule of law is an integral part of the entire legal system and acts in conjunction with other rules of law. That is why one of the main ways of understanding a rule of law on the subject of its legality is a systematic interpretation, taking into account that the law can not be reduced to a system of legislative norms.The author defines the conditions, in the presence and in the aggregate of which, the judicial act is legal. The illegality of a judicial act is evidenced by the incorrect application of substantive law and / or violation of procedural law. It is emphasized that the illegality of a judicial act is the basis for its revocation by a higher instance and its adoption of a new court decision or its amendment.Particular attention is focused on highlighting the concept and main features of miscarriage of justice in civil proceedings. The author's definition of the term "judicial error" is offered. The author emphasizes that judicial error should always be corrected.However, if it is established that the errors made by the court did not lead to an incorrect decision of the case, the higher court must in the decision to leave the complaint unsatisfied and leave the lower court act unchanged to indicate the error of the lower court with arguments why it is not influenced the correctness of the decision of the civil case and why it is not a ground for revocation of the judicial act.
Lack of registration of information on the application for traction on the subject of encumbrance as a change, which excludes the possibility of recovery under the writ of execution of the notary
Authors: Vovk Yu.
Published: April 2022

The article deals with problematic issues related to the execution of notaries of inscriptions. It is noted that the number of concluded credit agreements is drawn up every year. The share of non-performing loans is also growing. In case of late repayment of funds by the borrower, it is possible to apply to the court or a notary with the use of funds and receive interest on the loan.

In this case, to a large extent there is a possibility of collecting the relevant funds under the writ of execution of the notary. The notary makes inscriptions to the executor if the submitted documents confirm the indisputability of the debt or other liability of the debtor to the debt collector and provided that no more than three years have passed since the date of the claim.

It is emphasized that the problem with this problem is that the current legislation does not define an exclusive list that indicates a dispute over debt. It is noted that in case of consideration of the case in court, these circumstances must be established in court.

In this case, such a procedure that excludes the possibility of foreclosure on the executor of the notary's inscription on the removal of foreclosure on the subject of encumbrance. It is noted that the Grand Chamber of the Supreme Court in this matter ensures the unity of judicial practice of courts of commercial and civil jurisdiction.

Emphasis is placed on the fact that, taking into account the judiciary, a notary public practitioner has no right to make a writ of execution if the encumbrancer does not comply with the Law «On securing creditors' claims and registration of encumbrances». A prerequisite is the receipt of the debtor's breach of the secured encumbrance by the association's obligations, as well as the mandatory registration in the Register of information on the recovery of the security association. It is important to comply with the 30-day period from the moment of registration in the Register of information on the application for recovery for security encumbrances. In general, the notary's observance of all the necessary formalities does not allow the notary to recognize the writ of execution as unenforceable.
Features of hiring researchers
Authors: Vapnyarchuk B.
Published: April 2022

In the conditions of cardinal changes aimed at improving the quality and competitiveness of science, solving strategic tasks facing the state, the problem of improving the legal regulation of relations in the field of labor use, in particular, the work of scientists, is especially relevant. Their work has its own characteristics, the main of which is that, above all, it is a kind of creative activity, highly skilled mental work, which requires sufficient appropriate qualifications, some work experience. The purpose of the article is to consider the competition as one of the reasons for the employment relationship with researchers. It is concluded that neither the general (Labor Code of Ukraine) nor special legislation (Laws of Ukraine "On Education", "On Scientific and Scientific-Technical Activities") contain a legal definition of "competition", which is a significant gap. At the same time, the competition as a special form of assessing the professional qualities of researchers is very important in the process of ensuring the formation of effective and high-quality staff selection in research institutions. This method of election provides an opportunity to employ highly qualified researchers. On the one hand, for the head of the institution it is a guarantee of appointment to the position of employees with the best business qualities, and on the other – for employees it guarantees equality in the exercise of everyone's right to work and promotes their professional growth and continuous improvement. Thus, the purpose of the competition is to objectively assess the training, create and provide a competitive environment for the selection (selection) of candidates for research positions – the most qualified personnel who have deep professional knowledge, creative, scientific potential, high intellectual abilities and ethical qualities. At the same time, competitive selection in scientific institutions should be conducted on the basis of openness, transparency, legality, equality of rights of members of the competition commission, collegiality of decision-making by the competition commission, independence, objectivity and validity of decisions of the competition commission.
Police care in the activities of the Ukrainian National Police Units
Authors: Berdnik I.
Published: April 2022

The article describes the peculiarities and the place of such a novel in Ukraine police legislation as police care. It is devoted to the study of the relationship between the concepts of "care" and "police care". The grounds and conditions for the use of police care are determined problematic aspects of this police measure are analyzed. The peculiarities of police care for minors according to native legislative regulation are revealed. The status and categories of persons, who left out of care are determined. Special attention is paid to the lack of uniformity of legal requirements on the age of a person to whom police custody can be applied is drawn.

The author stresses specific application of this police measure among preventive police measures and come to the conclusion about the need for further improving the provisions of Article 41 of the Law of Ukraine "On National Police" in order to comply with the provisions of the Law of Ukraine "On Psychiatric Care".

She concludes that the normative principles of police care as a preventive police measure, defined in the Law of Ukraine "On National Police", on the one hand contain legislative novelties unknown the past practice of law enforcement, and on the other - the mechanism of their application needs clarification and specification, given the above gaps in legislation. The subjects of application of police care to the persons specified in Part 1 of Article 41 of this Law, first of all, are patrol police officers who make activities in a certain area of ​​the settlement or outside it. At the same time, the list of such persons needs to be specified and regulated, taking into account the analysis of the results of law enforcement practice.