bluuebunny/crossref_metadata_2025 huggingface dataset:
Comparative Analysis of HEC-RAS, SWMM, and THDH Approaches in Highway Culvert Design
Authors: Cebe Kağan , Bilhan Ömer , Sınanmış Balcı Renan
Published: December 2024

In this study, Hydrologic Engineering Center River Analysis System (HEC-RAS), Storm Water Management Model (SWMM) and Turkish Highway Design Handbook (THDH) approaches were examined in highway culvert design and the methods were compared on a sample highway culvert to show the differences in design calculations. A box type culvert, made of reinforced concrete and with dimensions of 3 meters in width and 2 meters in height, will be constructed at the intersection of the Kocaçay stream and the Nevşehir Avanos D302 highway at KM:800m. The culvert is designed to carry the 10-year and 100-year design flow rates calculated using the Rational method. The design flow conditions, and water levels of the culvert is originally designed according to THDH. The culvert along with the flow route up to a certain distance, upstream and downstream is modelled by using HEC-RAS and SWMM. The water levels obtained from the models were compared with the THDH design results. The hydraulic design of the culvert is conducted under inlet control conditions in all methods, however, with the discrepancies in the calculated headwater and tailwater depths. The nomogram method suggested in the THDH provides a practical means for determining headwater depth, tailwater depth and culvert dimensions. However, it does not adequately address the channel sections upstream and downstream of the culvert and the relevant flow conditions. To evaluate the environmental effects of the design flow rates of culverts, especially those located near residential areas, it is recommended to use HEC-RAS and similar GIS-supported modeling tools in hydraulic calculations.
Birleşik Deprem Etkilerinin ve Ek Dışmerkezliğin Betonarme Binaların Davranışına Etkisi
Authors: Tam Gürkan , Yön Burak
Published: December 2024

Bu çalışmada birleşik deprem etkilerinin ve ek dışmerkezliğin betonarme binaların davranışına etkisi incelenmiştir. Çalışma kapsamında modellenen betonarme yapının beş zemin sınıfına (ZA, ZB, ZC, ZD ve ZE) göre X ve Y yönlerinde olmak üzere toplam 30 adet doğrusal olmayan statik itme analizleri yapılmıştır. Kolon ve kirişlerin doğrusal olmayan davranışları toplanmış plastik mafsal kabulüne göre, perde duvarların doğrusal olmayan davranışları ise yayılı plastik mafsal kabulüne göre yapılmıştır. Analizler sonucunda birleşik deprem etkileri ve ek dışmerkezlik dikkate alınarak her zemin sınıfı için kapasite eğrileri, her zemin sınıfı için X ve Y yönlerinde en düşük yük faktöründe oluşan plastik mafsal dağılımları, X ve Y yönlerinde ilk mafsalın oluştuğu yük faktörü ve maksimum yük faktörü değerleri elde edilmiştir. Analizler sonucunda zemin sınıfı ZA’dan ZE’ye doğru gidildikçe hem kapasite değerlerinde hem de yük faktörü değerlerinde azalmanın olduğu belirlenmiştir. Bununla birlikte, ek dışmerkezlik ve birleşik deprem etkileri dikkate alındığı zemin sınıfındaki değişime bağlı olarak plastik mafsal dağılımlarının yoğunlaştığı tespit edilmiştir. Sonuç olarak betonarme yapıların tasarımlarında ve performans değerlendirmelerinde zemin sınıflarına ilave olarak birleşik deprem etkilerinin ve ek dışmerkezliğin dikkate alınması gereken önemli parametreler olduğu tespit edilmiştir.
Geleneksel Urfa Evlerinin Yapım Teknikleri: Temeller ve Duvarlar
Authors: İnce Gayberi Şeyda , Dalkılıç Neslihan
Published: December 2024

Geleneksel Urfa evleri, yöresel malzeme olan kireç taşları kullanılarak yığma yapım tekniğiyle inşa edilmiştir. Bu yapılar, bölgenin iklim ve topografyasına uygun olarak tasarlanmıştır. Ancak, günümüzde geleneksel yapım tekniklerine hâkim taş ustalarının azalması ve nesiller arası bilgi aktarımındaki kesintiler, bu bilgilerin unutulmasına neden olmakta, geleneksel yöntemlerle inşa edilmiş Urfa evlerinin restorasyonunda çeşitli sorunlara yol açmaktadır. Bu bağlamda, geleneksel Urfa evlerinin inşa tekniklerinin detaylı incelenmesi hem restorasyon sorunlarının çözümüne hem de bu yapıların kültürel değerinin sürdürülebilirliğine katkı sağlayacaktır. Bu makale, geleneksel Urfa evlerinin temel ve duvar yapım tekniklerini detaylı bir şekilde incelemektedir. Geleneksel Urfa evlerinde temeller genellikle sağlam kaya zemin üzerine inşa edilmiş, yapımında çoğunlukla yöresel kireç taşı kullanılmıştır. Temel yapım yöntemleri çok katmanlı kültürel yapının korunmasına da katkı sağlamıştır. Geleneksel Urfa evlerinde duvar yapım teknikleri ise taş duvarın örülme biçimine, taşların yontulma biçimlerine ve duvarların konumlarına göre irdelenerek değerlendirilmiştir. Bu kapsamda, geleneksel Urfa evlerinde bulunan ve zengin birer tasarım örneği olan duvar elemanlarının da detaylarına yer verilmiştir. Çalışma sonunda, geleneksel malzeme ve yapım tekniği kullanımının önemine vurgu yapılırken geleneksel evlerin özgün niteliklerinin korunarak yaşatılması için öneriler sunulmuştur.
Financial Health Management of Otolaryngology by Telemedicine: Opportunities and challenges
Authors: Khan Mohammad Ibrahim , Naim Arshi , Khan Mohammad Faiz
Published: December 2024

The COVID-19 pandemic has impacted the world and medical branches are affected too, this article shows otolaryngology (Otlogy) management like patient care in the outpatient (OP) remotely by the implementation of business strategy of telemedicine (TME). The research explains how the applications of management strategies in TME for Otlogy can reduce the medical expenses and also offer profits to the medical practitioners. This article suggests the advantages of TME for (Otlogy) related health risks and advises health centers to implement the business strategy of TME which can provide services using remote Information Communications Technology (ICT) to evade exposure risks to HCR providers, patients, and the general community. The realization of TME, or virtual services, can help the Otolaryngologists to provide needed care to patients amid COVID pandemic. This research illustrates the challenges in the application of TME and benefits to the patients as well as for the medical professionals.
Registration administrative and jurisdictional activity of the police as a form of control over the circulation of civilian firearms
Authors: Khvostovtsov S.O.
Published: December 2024

The article covers the issue of registration activities of the police in the field of arms circulation. An analysis of the concepts «registration», «administrative-jurisdictional activity», «weapons circulation» related to the subject of research was carried out, their content was revealed.
An analysis of available scientific research and legislative norms regulating the registration of civilian firearms in Ukraine was carried out. The concept of «registration administrative- jurisdictional activity of the police in the field of control over the circulation of civilian firearms» is defined, the signs and characteristics of such activity are highlighted.
It was established that the registration, administrative and jurisdictional activity of the police is an integral part of state control over the circulation of civilian firearms. This activity is aimed at preventing the illegal circulation of weapons, reducing the number of crimes related to their use, and ensuring the safety of citizens.
It was determined that in order to ensure the effectiveness of the implementation of registration procedures in the field of arms circulation, it is important to form a theoretical base and legal regulation for the qualitative implementation of such procedures. the procedure for registering weapons, as well as relevant objects owned by legal entities, is fixed in regulatory acts.
It was established that the main purposes of registration are accounting and control (collection and storage of information for accounting and control), authentication (confirmation of the existence and legitimacy of objects of registration), provision of legal status (granting the object of registration official legal status).
It was established that the current legislation regulates the process of registration (re­registration) of civilian firearms, however, analyzing the legislative provisions, it was found that the very concept of registration (re­registration) is absent in any legislative document regulating the sphere of arms circulation.
The author’s own definition of the concept of the registration administrative-jurisdictional activity of the police in the field of control over the circulation of civilian firearms is proposed as a set of legal and practical measures carried out by the police authorities for the purpose of registration (re-registration) of civilian firearms, their components and ammunition in order to ensure the safety of citizens and prevention of illegal arms circulation.
Ensuring the rights of convicts with mental disabilities in the context of the principle of humane treatment and respect for their human dignity under the conditions of marital state in Ukraine
Authors: Vasyliuk I.M. , Kushniruk Y.P.
Published: December 2024

In this work, taking into account the provisions of Art. 20 of the Criminal Code (CC) of Ukraine, which defines the legal status of persons with limited sanity, as well as on the basis of constitutional principles and the principle of ensuring the honor and dignity of a person as the highest social value, identifies the main problems and develops scientifically based ways to improve the legal mechanism from the specified issues in the field of execution of punishments and probation.
In particular, it was established that the current criminal and executive legislation of Ukraine (Article 2 of the Criminal and Executive Code (CPC)) does not contain any norms that would relate to the realization of the above-mentioned right by convicts with mental disorders, which in the future is one of the determinants, which reduces the level of correctional and resocialization influence on the specified category of persons and contributes to their committing new crimes in the process of execution and serving punishment
At the same time, attention is drawn to the fact that practically from 7% to 12% of convicts, who annually serve a sentence of imprisonment for a certain period, have one or another mental deviations and are really limited in their judgment, having in this connection an increased the level of social danger and victimhood (the ability to become a victim of illegal encroachments), which necessitates a new approach to the legislative and law enforcement levels to ensure the principle and right to humane treatment and respect for their human dignity.
It was stated that among the priority criteria for the state of human rights in Ukraine, by which the possibility of our country’s accession to the European Union and NATO is assessed, is the guarantee and observance in law enforcement practice of such a principle as humane treatment and respect for the human dignity of any person.
Taking into account the above, this work proves that in order to solve this issue at the state level, it is necessary to thoroughly and comprehensively clarify the content and essence of such an internationally recognized legal category as «the principle of humanism and respect for human rights and freedoms», which is relevant in the conditions of military state in Ukraine.
Creation for the purpose of illegal use, distribution or sale of harmful software or technical means, as well as their distribution or sale (Article 361-1 of the Criminal Code of Ukraine): certain aspects and problems of criminal-legal qualifications
Authors: Leskiv S.R.
Published: December 2024

This article analyzes certain aspects and problems of the criminal legal qualification of offences under Article 3611of the Criminal Code of Ukraine, which provides for criminal liability for the creation with the purpose of unlawful use, distribution or sale of malicious software or hardware, as well as their distribution or sale. The author analyzes the existing case law and provides statistics based on 166 court verdicts according to the Unified State Register of Court Decisions. The results of this study revealed that only 4.22% of the total number of verdicts were acquittals, while 95.78% were guilty verdicts (of which 96.2% were plea bargains and 3.8% were denials). This raises doubts as to the quality and completeness of the consideration of this category of cases in court. The article examines the construction of the objective aspect of the criminal offence and offers the author’s own vision of the definition of certain forms of action, namely: whether the placement of malicious software in open or restricted access can be considered as transfer; whether it can be considered as distribution of malicious software if access to it is provided by the user through entering an IP address. Attention is also drawn to the need to define a unified methodology for identifying malware and formalize certain concepts. The absence of a unified approach to the definition of terms such as “malware” and “automated system” complicates law enforcement and causes heterogeneity in judicial practice. Particular attention is paid to the problem of qualification through malware identification tools, in particular, using the VirusTotal resource, which may lead to erroneous conclusions. The author emphasizes the need for a unified and sustainable approach to law enforcement by the courts. The author also focuses on specific measures which will improve the quality of law enforcement of the provision contained in Article 3611 of the Criminal Code of Ukraine and will contribute to the formation of a unified approach in the courts to the qualification and prosecution of persons who have committed an act under the above article.
System of criminal-legal influence
Authors: Fedorovych N.A.
Published: December 2024

The article analyzes the criminal-legal- influence system, namely, the components of such a system and the connections between them are shown. It is substantiated that the first level of criminal law influence lies in the selection of the measure of criminal law influence, as this choice determines the specifics of pre-trial investigation and, if applicable, the court proceedings, as well as, where necessary, the selection of means of criminal law influence. It is reasoned that measures of criminal law influence should be considered as criminal liability, discharge from criminal liability, and measures that exclude criminal liability. Instead, punishment, exemption from serving the sentence imposed by the court, exemption from further serving the sentence imposed by the court, conviction, restrictive measures, compulsory medical measures, compulsory treatment, asset forfeiture, criminal law measures applied to legal entities, compulsory reformatory measures are called the means of criminal legal influence. The existence of criminal liability enables the possibility of choosing any means of criminal law influence if the appropriate grounds and conditions are present. Measures that exclude criminal liability may be self-sufficient and do not require the application of means of criminal law influence, but if necessary, the court may impose asset forfeiture, compulsory medical measures, or compulsory reformatory measures, the selection of which depends on the presence of relevant grounds and conditions. Discharge from criminal liability allows for the application of restrictive measures and asset forfeiture.
Means of criminal-legal influence are essentially the result of consideration of the circumstances of the case within the limits determined by the selected measures of criminal-legal influence. Accordingly, the means of criminal-legal influence are conditionally attributed to the second level of criminal-legal influence. The above reflects the connection of measures and means of criminal- legal influence and constitutes its system.
Collaborative activity in the administrative sphere
Authors: Yasnyska T.Y.
Published: December 2024

Thearticle deals with the problem ofcollaboration in the administrative sphere, in particular, under Parts 2, 5, 7 of Article 111-1 of the Criminal Code. The study is aimed at characterising the objective side of these offences, analysing court decisions, outlining the problems arising in their qualification and formulating recommendations for improving Article 111-1 of the CC.
Collaborative activity in the administrative sphere is associated with a person holding a position in illegal authorities established in the temporarily occupied territories. An important aspect is the establishment of the functions performed by persons in these positions and the separation of organisational and administrative functions from administrative and economic functions.
The author conducted a study of court practice, which is complicated for a number of reasons: 1) verdicts under Part 2 and Part 5 of Art. 111-1 of the CC do not always indicate the position or functions performed by the person; 2) simplified consideration of cases or conclusion of agreements (Part 2 of Art. 111-1 of the CC), consideration of cases in absentia or pronouncement of only the operative part of the verdict (Part 5 of Art. 111-1 of the CC). As a result, it is impossible to find out all the circumstances that influenced the decision to find a person guilty and sentence him or her. In addition, practice shows that persons whose actions are insignificant and do not cause significant damage to the state are brought to justice. The author notes that it is incorrect to bring to criminal liability under Part 2 of Article 111-1 of the CC of Ukraine persons who actually performed the functions of assistance to vulnerable groups of the population.
It is established that it is correct to indicate in court verdicts whether the accused had subordinates and whether he or she had the ability to manage property.
The article emphasises the need to improve legislation to clearly define the functions performed by persons holding positions in illegal judicial and law enforcement bodies. Due to the imperfect wording of Part 7 of Article 111-1 of the CC, both a driver and a judge may be held criminally liable, and their actions pose a completely different level of public danger. This is also evidenced by the court practice. The author proposes to restate part 7 of Article 111-1 of the CC in a new wording to address the above problem.
General principles of the use of special knowledge in the process of investigation of criminal offences in the field of public procurement
Authors: Shnaider K.B.
Published: December 2024

The article substantiates the expediency of using specialised knowledge in the process of investigation of criminal offences in the field of public procurement. The author proves the relevance of studying the legal regulation of the use of special knowledge in the course of investigation of criminal offences in this area. The author proposes her own definition of specialised knowledge as a complex of theoretical knowledge and practical skills acquired as a result of specialised education and professional activity which are not generally known and are used for detailed investigation of criminal offences and solving the tasks of legal proceedings. The author establishes that the circle of specialists as subjects of forensic support for the investigation of criminal offences in the field of public procurement at the by-law regulatory level includes criminal investigators, senior criminal investigators, criminal technicians and employees of the Ministry of Internal Affairs of Ukrsine Expert Service as part of a specialised mobile laboratory. The author proves that there are procedural and non-procedural forms of using specialised knowledge to investigate criminal offences in the field of public procurement. It is established that a specialist, as a person who, by virtue of his/her official duties, performs the functions provided for by the Criminal Procedural Code of Ukraine and other regulatory legal acts, using his/her special knowledge and skills; without being interested in the results of the investigation; without conducting preliminary audits, inspections, audits, monitoring, is one of the subjects of forensic support for the investigation of criminal offences in the field of public procurement. It is established that the current regulatory framework for the use of specialised knowledge in the course of investigations of criminal offences in general, and in the area of public procurement in particular, also includes criminalists who are involved in criminal proceedings as specialists in accordance with the procedure established by law.
The state-representative and corporate-legal nature of the benevolence of judges: a discussion on European standards
Authors: Zharovska I.M. , Rudanetska O.S.
Published: December 2024

It is indicated that the right to a fair trial is guaranteed by Article 6 of the European Convention on Human Rights. The effective exercise of this right requires, in particular, that everyone has the right to be heard by «an independent and impartial tribunal established by law to determine civil rights and obligations or determine the merits of any criminal charge brought against him».
The article is devoted to the analysis of the compliance of national legal regulation with European standards regarding the integrity of the judicial corps and the determination of the legal nature of this phenomenon in the public­authority and professional-labor sphere. It is indicated that the paradigm of the functioning of the judicial system contains the requirements of professionalism, independence and integrity of the administration of justice, which forms the basis of the development of statehood and the establishment of the principles of the rule of law, which is a requirement of international and European judicial standards.
It is reasoned that the state-representative function of the integrity of judges is manifested in the high professional and moral compliance of the judicial corps with the requirements for the high position of a judge. The requirements are broader than for the integrity of other employees, let’s say, executive and local self-government bodies, due to the fact that judges are endowed with unique powers - to protect and restore rights and freedoms, legitimate interests on behalf of the state.
The corporate and public nature of integrity is singled out as a professional criterion for judges (judge candidates) in order to meet the position held, which is due primarily to the fact that the judiciary takes place through the implementation of activities based on the judge’s legal awareness and the state provides them with a sufficiently wide discretion to implement powers This nature is manifested in openness and transparency, which is a guarantee of achieving the integrity of judges and the judiciary and judicial self-government. Based on the conclusions of the Advisory Council of European Judges, it is proven that overcoming corruption as a manifestation of dishonesty contributes to the general level of legitimization, where functional legitimacy is based on public trust, which is created through excellent work, transparency, accountability.
The hypothetical effectiveness of the new model of corporate labor relations developed in our country has been proven - the joint coordination work of judicial self-government bodies, civil society and independent international experts.
Multiple citizenship: international experience and implementation in Ukraine (economic, political and security aspects)
Authors: Denysiuk S. , Kononenko V. , Rezenkina N.
Published: December 2024

The article is dedicated to the study of issues related to multiple citizenship in the context of international law and security. In the current conditions of increasing globalization, the regulation of multiple citizenship is becoming ever more relevant, particularly in terms of national security and state sovereignty. The article examines key challenges associated with the involvement of individuals with multiple citizenship in armed forces during military conflicts, potential conflicts of interest that may arise in such cases, and the risks of other states interfering in internal affairs under the pretext of protecting the rights of their citizens.
Special attention is given to the analysis of legal practices for the protection of citizens in cases of multiple citizenship, specifically through the lens of the “effective citizenship” concept formulated by the International Court of Justice in the „Notteboom“ case. The article also explores the economic aspects of multiple citizenship, including issues of double taxation and possible ways to resolve these issues through international agreements.
Based on an analysis of national and international legal systems, the authors conclude that there is a need to improve legal regulation of citizenship to avoid legal conflicts and ensure a stable political situation in the context of globalization. Particular attention is given to aspects of state sovereignty, which are increasingly under threat due to the growing number of individuals with multiple citizenships.
The article offers recommendations to enhance international legal regulation to protect state sovereignty and the rights of individuals with multiple citizenship in the face of modern global challenges.
In the context of martial law, the issue of maintaining ties with the Ukrainian diaspora around the world and preserving social capital is examined. Emphasis is placed on multiple citizenship, which is often seen as a result of conflicts between the laws of different countries. One of the risks to national security, both for the state of residence and the state of origin, is the issue of preserving state secrets and ensuring the inviolability of borders for individuals with multiple citizenships. To maintain close contact with Ukrainian refugees, the host countries and Ukraine must cooperate to strengthen financial ties, promote the reduction of remittance costs, and prevent double taxation. The need for effective cooperation between Ukraine and other states to create a legal framework for legal migration and cross-border mobility of Ukrainians after the war is substantiated.
It has been proven that for the sake of security, control over migration processes, and post-war reconstruction after the Russia-Ukraine war, the legalization of multiple citizenship in Ukraine is the optimal step.
Judicial immunity of foreign states as an element of alternative ways of protecting property rights violated as a result of armed conflict
Authors: Sydorovich M.-L.R.
Published: December 2024

Russia’s war against Ukraine has created unprecedented obstacles for the protection of property rights of Ukrainian citizens and businesses. The development of effective mechanisms for compensation for damage and restoration of violated property rights became necessary due to the significant destruction of civil infrastructure, residential buildings, industrial facilities and other property as a result of Russia’s armed aggression.
The relevance of the presented research is that the existing national and international legal mechanisms are not effective enough to fully protect the property rights of victims. An important problem is overcoming the judicial immunity of the Russian Federation. This is necessary for consideration of damage compensation cases in Ukrainian courts and further enforcement of decisions abroad.
It is reasoned that national law alone does not have sufficient legal mechanisms to ensure full protection of the violated right in view of the actual impossibility of enforcing the court decision on the recovery of funds as compensation for the damage caused by the Russian Federation, which entails the impossibility of securing the violated right.
In this context, it is necessary to study the mechanisms for the protection of property rights both at the national and international levels. In particular, the possibility of applying the UN Convention on Jurisdictional Immunities of States and their Property should be considered, even if the Russian Federation has not ratified it. This analysis will help find new ways to protect the property rights of citizens and legal entities of Ukraine during military aggression.
It was established that effective protection is possible only if national and international law are combined, as evidenced by studies of other strategies for the protection of property rights violated as a result of the armed aggression of the Russian Federation. The position of the Supreme Court regarding the non-application of judicial immunity of the Russian Federation in cases of compensation for damage is a significant shift in the mechanism of protection of violated rights. The practice of the ECtHR, in particular the decision in the cases «Oleynikov v. Russia», creates a solid legal basis for such a position. The conclusion that the UN Convention on Jurisdictional Immunities of States and their Property can be applied to disputed legal relations, even if the Russian Federation has not ratified it, is particularly important, as it creates more opportunities for the protection of violated rights.
Socio-legal anomie: the anthropological dimension
Authors: Koval I.M.
Published: December 2024

The article is devoted to the philosophical and legal analysis of social and legal anomie based on an anthropological approach, given that the loss of value, legal, and moral guidelines for a person during social anomie, first of all, puts him before the choice of a way of existence through self­realization in a legitimate, or misconduct.
It is emphasized that socio-legal anomie, as a crisis-transitional state of the development of society, is inherent in a certain period to all socio-legal formations. In order for society to restore full-fledged civilizational development, it is necessary to form value guidelines based on the norms of natural law according to the principle of anthropocentrism, which provides for the supremacy of the rights and freedoms of man and citizen and their protection by all legal methods and means.
It has been found that with socio-legal anomie, the person comes to the fore, namely the need to observe and preserve their rights, freedoms, and human dignity, that is, the principle of human- centeredness is activated. A person with formed legitimate beliefs implements them in his own behavior, and also tries to direct the behavior of others in a legitimate direction, which allows him to avoid deviant behavior. The presence of stable value beliefs and orientations also prevents the manifestation of conformist behavior, in particular among young people.
It is noted that today society is used to being guided by legal norms established and sanctioned by the state, and even a slight destabilization of this sphere can cause a certain collapse not only in the sphere of social and legal relations, but also in the personal self-realization of a person. This happens because a person ceases to feel fully protected by the state-legal mechanism and can disregard the principles of social coexistence for the purpose of self-realization. Such a situation often leads to manifestations of deviant behavior, or illegal and criminal behavior.
We focus on the fact that natural and legal norms, as an ideal regulator of social relations, become a criterion for determining the lawful behavior of a person. Of course, such norms have always been taken as a basis for the formation of the legal framework in democratic, legal states, because if positive law did not contain the norms of natural law, then it would be purely an instruction of behavior, and not a living and effective law.
Raising the level of integrity as a task of national-patriotic education of the Armed Forces of Ukraine
Authors: Karabin T.O. , Byelov D.M.
Published: December 2024

The purpose of this article is to characterize the enhancement of integrity as a task of national­patriotic education of the Armed Forces of Ukraine’s military personnel.
It is found that the Law of Ukraine «On Prevention of Corruption» does not explicitly define the category of integrity, despite its frequent mention. This oversight, coupled with the brevity of other relevant legal acts, has led to varying interpretations of the concept. As a result, numerous integrity codes present inconsistent and often arbitrary definitions of integrity.
Given the Armed Forces of Ukraine’s primary constitutional function of defending the country’s sovereignty and territorial integrity, the integrity of its personnel should be viewed as a matter of public interest rather than merely an internal military concern. This necessitates a unified understanding of integrity to prevent arbitrary interpretations by law enforcement agencies.
Elevating integrity as a key component of national-patriotic education for Ukrainian military personnel requires a comprehensive approach. This involves implementing a range of organizational, legal, pedagogical, psychological, and other measures aimed at instilling in personnel a strong sense of duty to the nation, society, and the individual. This task is particularly challenging under martial law, as military units often consist of individuals with diverse values, motivations, and behavioral patterns.
To address the issue of inconsistent interpretations, it is advisable to codify the concept of integrity in the Law of Ukraine «On Prevention of Corruption.» Additionally, the Code of Good Conduct and Professional Ethics for Military Officials, Civil Servants and Other Persons Authorized to Perform State Functions in the Ministry of Defense of Ukraine and the Armed Forces of Ukraine should be amended to emphasize the societal dimension of integrity. Furthermore, the Law of Ukraine «On the Basic Principles of State Policy in the Sphere of Strengthening Ukrainian National and Civil Identity» should explicitly include integrity education as a crucial component of national-patriotic education.
The problem of institutional positioning of the prosecutor’s office in the context of the constitutional principle of separation of powers
Authors: I.M. Deyak
Published: December 2024

It is indicated that in the conditions of the formation of Ukraine as a state based on the principles of democracy and the rule of law, it is extremely important to ensure the effective work of all links of the state mechanism, in particular the prosecutor’s office as its integral component. The correct positioning of the prosecutor’s office in the structure of state institutions is of decisive importance for the organization of power as a whole, because it directly affects both the quality of the prosecutor’s office’s performance of the tasks assigned to it and the balanced functioning of the system of checks and balances.
The article examines the problem of determining the place of the prosecutor’s office in the system of state authorities of Ukraine. Scientific approaches to understanding the legal nature of law enforcement agencies and their positioning in the state mechanism are analyzed. The discussion on the allocation of law enforcement agencies as an independent component of the state mechanism and the possibility of expanding the constitutional model of the separation of powers is highlighted.
Particular attention is paid to the trend of rethinking the traditional concept of the separation of powers and the separation of the control authority as the fourth branch. The need for the formation of an independent control and supervisory branch of power is substantiated and proposals for including a special section on state control in the structure of the Fundamental Law of Ukraine are analyzed.
The main approaches to determining the place of the prosecutor’s office in the system of state power are considered in detail: as part of the legislative, executive, judicial branches of power or the presidential vertical. Foreign experience in organizing the prosecutor’s office is analyzed and five main models of its functioning in different countries are identified. International standards on the role of the prosecutor’s office are studied, in particular the Recommendations of the Committee of Ministers of the Council of Europe.
Based on the analysis, a conclusion is drawn about the need to reform the status of the prosecutor’s office in Ukraine, taking into account both international standards and national characteristics - historical traditions, legal culture, socio-economic and political realities. The importance of a comprehensive approach to resolving the issue of integrating the prosecutor’s office into the system of separation of state power is emphasized.
The combination of digitalization of civil procedure and formalization of civil procedural norms in Ukraine in the context of modern trends in the development of justice
Authors: Adaskalytsia K.K. , Mykhalchuk I.I.
Published: December 2024

It is indicated that the rapid development of information technologies and their introduction in all spheres of social life determines the need for their use in civil proceedings as well. Digitization of civil proceedings has a number of advantages that allow to improve qualitative and quantitative indicators in achieving the tasks of civil proceedings. However, along with the advantages, digitalization also has certain limitations, the consideration of which is necessary for the correct formalization of the relevant legal norms regulating digitalized court procedures. Thus, for the proper implementation of such procedures, it is necessary to define the rules of formalization of the relevant legal norms.
The article is devoted to the examination of the process of digitalization in civil justice, its impact on the efficiency of justice, and the specific features of formalizing legal norms that regulate digitized judicial procedures. The introduction of information technologies into the judicial process contributes to improving access to justice, ensuring timely case consideration, and reducing the influence of human error in decision-making processes.
The main focus of the paper is on how digitalization allows for the achievement of both quantitative and qualitative improvements in the judicial process by simplifying certain procedural matters. Automated procedures, such as the use of the Unified State Register of Court Decisions and the e-Court system, ensure transparency and predictability in judicial decisions. This is crucial for legal certainty, as parties can more accurately anticipate the consequences of their actions.
However, despite the numerous advantages, the digitalization process also has certain limitations. Automation cannot replace judicial discretion in cases requiring the assessment of evidence and the final adjudication. In such instances, the judge’s role remains irreplaceable. Moreover, it is essential to consider cybersecurity risks, as the storage and transmission of digital data must be safeguarded against potential threats.
The article also notes that further technological development will increase the level of digitalization in the judiciary. This necessitates a well-grounded approach to the formalization of legal norms that govern such procedures.
The essence and legal basis of the binding nature of legal conclusions of the Supreme Court in civil proceedings
Authors: Vasylina N.V. , Shykir D.O.
Published: December 2024

The article addresses the imperative of ensuring consistency in legal application through the mandatory legal conclusions of the Supreme Court of Ukraine, a significant aspect in light of ongoing judicial reform. The introductory section highlights the importance of judicial practice stability as a cornerstone of legal certainty and the rule of law in a democratic state. The author examines the Supreme Court’s enhanced role following the 2016 amendments to the Constitution and the Law on the Judiciary and the Status of Judges, which positioned the Supreme Court as the sole cassation instance. This has allowed the Supreme Court to establish binding legal conclusions for lower courts, aiding in the elimination of legal inconsistencies and fostering predictability in judicial decisions.
In addition to legal aspects, the article explores theoretical and practical challenges associated with the binding nature of legal conclusions. The author notes the advantages of a unified approach in legal application while also addressing potential risks to judicial independence, which could limit judges’ ability to interpret the law according to the case’s unique circumstances. An important facet is the comparative analysis of other countries’ experiences in ensuring uniform judicial practice, such as precedent-based decisions in the United Kingdom or normative interpretation in continental law systems. Ukraine is striving to identify an optimal approach that achieves legal certainty while allowing flexibility in judicial practice.
Through the research, the author proposes ways to improve the legislative regulation of binding legal conclusions by analyzing their impact on judicial practice and drawing on the experience of European nations. The benefits and drawbacks of mandatory legal conclusions are discussed, particularly their role in reinforcing legal order and ensuring equality before the law. The analysis also includes mechanisms allowing the Supreme Court to adjust its legal positions in response to new circumstances, enhancing the legal system’s efficiency and public trust in justice. The article concludes with recommendations emphasizing the need for unity in legal application as the foundation for legal system stability and the further enhancement of institutional independence within the judiciary to uphold fair justice.
The discretionary powers of the court regarding the application of judicial control over the execution of court decisions in civil cases
Authors: Zhukevych I.V.
Published: December 2024

It was established that the concept of discretionary powers of the court regarding the application of judicial control over the execution of court decisions in civil cases should be understood as such powers when, within the limits defined by law, the court that issued a decision in a civil case that is subject to execution has the opportunity independently (on own discretion) to choose one of several options for a specific lawful decision regarding the activities of the public or private executor to whom such execution is entrusted, regarding his actions or inaction, on the basis of a complaint filed by a party to the enforcement proceedings. In turn, the parties to enforcement proceedings have the right to appeal to the court with a complaint if they believe that their rights or freedoms have been violated by the decision, action or inaction of the state executive or private executive during the execution of the court decision. This provides an opportunity to intervene at one’s own discretion (judicial discretion) within the limits of the powers of the state executor or private executor. The complaint is considered within a ten-day period in a court session with the participation of the debt collector, the debtor and the state executor or other official of the state executive service body or private executor whose decision, action or inaction is contested. However, when applying judicial discretion when applying this or that rule of law during judicial control, the judge must focus on achieving the goals and objectives of civil proceedings, as well as executive proceedings. Discretionary powers should not be used arbitrarily, and the court should control the decisions made on the basis of the exercise of discretionary powers as effectively as possible. At the same time, the powers of a judge must fulfill both the tasks set before a specific court (judge) during the administration of justice (correct and timely consideration and resolution of cases, fair judicial consideration of cases by an independent and impartial court), and the tasks set by the domestic legislator before the entire judiciary by the authorities (execution of justice), as well as tasks of the international level (guaranteeing and implementing the principle of access to justice and the principle of fair trial.
The legal status of an individual as an entrepreneur in Ukraine
Authors: Mykhalniuk O.V.
Published: December 2024

The article examines new theoretical and practical approaches to understanding the concept and legal status of an individual as an entrepreneur in Ukraine’s civil law. Significant attention is paid to the issues of online registration of individual entrepreneurs (IE) in automatic mode. The current Law of Ukraine «On State Registration of Legal Entities, Individual Entrepreneurs, and Public Formations» provides new modern possibilities for real-time state registration of IE without the involvement of a state registrar, minimizing the time required for the process.
Based on the analysis of Article 25-1 of the Law of Ukraine «On State Registration of Legal Entities, Individual Entrepreneurs, and Public Formations,» it is concluded that today the state registration of IE can be carried out in real time without the participation of a state registrar using the Unified State Web Portal of Electronic Services and the software of the Unified State Register. First, it is verified that there is no information about the individual entrepreneur in the Unified State Register. If such information is absent, the software of the Unified State Register ensures the state registration. For state registration, the individual uses electronic identification tools with a high level of trust.
It is argued that an individual who has exercised their constitutional right to engage in entrepreneurial activity, after undergoing the appropriate registration and other procedures provided by law, does not lose or change their status as an individual, which they acquired from birth. Instead, they acquire a new characteristic - that of an entrepreneur. The legal status of an individual entrepreneur (IE) itself does not affect any legal capacity of the individual, which is determined by their civil legal capacity, nor does it limit it.
It is proven that from the moment of state registration as an IE, the individual effectively holds two legal statuses: as an individual and as an IE. The presence of entrepreneurial status does not imply that the individual acts as an entrepreneur in all legal relations or that all subsequent legal relations involving this person are entrepreneurial in nature, as the individual continues to act as a participant in civil relations, for example, entering into transactions to meet their personal needs.