bluuebunny/crossref_metadata_2025 huggingface dataset:
Design elements of innovation contests supporting Open Innovation in SMEs - An action research study
Authors: DOPPIO NICOLA , Väinämö Satu , Haukipuro Lotta
Published: February 2021

While innovation contests and intermediaries are widely used in large companies to source knowledge from the outside, it is not clear how contests could be utilized to break the barriers that SMEs face in pursuing Open Innovation. In this paper, we shed light on the topic by analysing ten innovation contests that have been successfully run in three European countries with the specific aim to create innovation opportunities between SMEs and higher education institutions, research centres, other companies, or end users. The analysis resulted in the identification of common elements that played a crucial role in these innovation contests, but were overlooked in previous research. Moreover, we collected early evidence supporting the case for innovation contests as tools to support Open Innovation policies for SMEs. On that basis, we propose a new framework that can be used by innovation intermediaries to design innovation contests specifically aiming at supporting Open Innovation in SMEs.
RECLAIMING KARONESE IDENTITY THROUGH ERPANGIR KU LAU RITUAL
Authors: Sebayang Vanesia Amelia , Darma Putra I Nyoman , Suka Arjawa I Gusti Putu Bagus , Pujaastawa Ida Bagus Gde
Published: February 2021

Dutch colonialism in Tanah Karo has long ended but not with the construction of the discourse. The unilateral evaluation of the Dutch towards the spirituality of the Karo people caused the Karo people to split into groups and live with social pathology. The colonial discourse is now experiencing challenges as the erpangir ku lau ritual was established as a national intangible cultural heritage and was made as one of the routine cultural tourism attractions in Karo District.

This research uses a descriptive qualitative research method because it uses theory as a platform. The data source of this research consists of primary data obtained through observation and in-depth interviews, and secondary data obtained through books, scientific papers, documents, and online sources.

The results of the study revealed that despite being rejected by one of the community groups, support for efforts to reclaim Karo's identity through the implementation of the erpangir ku lau ritual was still activated. This is because the effort to reclaim identity is expected to bring back the Karo community following the identity of the ancestral heritage, namely mehamat (polite), metami (persuading), melias (loving), perkuah (generous), and perkeleng (merciful) towards fellow humans and ancestors, The Creator, and the universe.

Keywords: Reclaiming Identity, Erpangir Ku Lau, Colonial Discourse, and Karo Society
THE MANIFESTATION OF KIM KARDASHIAN’S AESTHETIC AND GLAMOUR LABORS IN KIM KARDASHIAN: HOLLYWOOD MOBILE GAME
Authors: Soehendar Tresya Pricillia , Widjayanti Ellita Permata
Published: February 2021

Disproving the ‘famous-for-being-famous’ epithet, Kim Kardashian shares the intricacy of the tricky and binding work of celebrity into the nascent screen-based culture, the mobile game Kim Kardashian: Hollywood (KK: H). With swipes and taps to follow the in-game stories, the KK: H player discovers the set of rules and features of KK: H that welcome them to the digitalized version of aesthetic and glamour labors where the states of being fashionable, ageless and charming are matter. Through an analysis of in-game dominant discourse as well as the player’s game experience shown in Facebook public groups, this study explores the underlying values manifesting the practice of aesthetic and glamour labors as an engaging strategy of digital gameplay. The exploration falls into four stages of docility (Power, System, Surveillance, and Normalization) that built upon Michel Foucault’s theory of Docile Body to examine the gameplay as simulating the “real” constitutive social practice of celebrity that lead the examination to the case of Hyper-reality. The result of this examination places KK: H as the particular cultural representation as well as a seemingly playful parody of celebrity work wherein the pursuit of mass beauty standard is associated with the pursuit of fame in the interest of financial benefits and personal satisfaction. 

Keywords: Kim Kardashian, Aesthetic and Glamour Labors, Kim Kardashian: Hollywood (KK: H),  Docile Body, Hyper-reality.
Clinical and morphological differential diagnosis of congenital hyperinsulinism before the stage of immunohistochemical study of paraffin-embedded specimens of pancreas in children
Authors: Perminova A. A. , Mitrofanova L. B. , Sukhotskaya A. A. , Bairov V. G.
Published: February 2021

Introduction.Differential diagnosis of various forms of congenital hyperinsulinism (CH) is required at the stage of urgent histological examination, but the difference between the exo- and endocrine parts of the pancreas in frozen sections is visualized very poorly.

The objective was to search for differential diagnostic criteria of focal and diffuse forms of CH, suitable for urgent histological examination.

Methods and materials. Pancreatic surgery material from 25 children with CH, of which 15 cases of focal form (FCH) and 10 cases of diffuse (DСH), and autopsy material from 10 children without CH (K). Frozen and paraffin sections stained with hematoxylin-eosin and histochemical stains were made from the tissue of the pancreas. The number of endocrinocytes with large nuclei was estimated in 10 fields of view for each case.

Results. The average proportion of endocrinocytes with large nuclei was significantly (p <0.01) higher compared to the control both with FCH (in the affected area) and DCH (FCH – (1.82±0.50) %, DCH – (4.68±1.66) %, K – (0.34±0.21) %). We found a tendency to detect a higher absolute number of cells with large nuclei in DCH ((4.95±1.24) DCH and (3.71±1.56) FCH). Staining with azure-eosin, picro Mallory and the PAS reaction gave unstable result, and staining with toluidine blue and May-Grunwald did not allow differentiating exo- and endocrine parts of the pancreas.

Conclusion. An increase in the size of the endocrinocyte nuclei was the unsuitable criterion for the differential diagnosis of CH forms, and histochemical stains did not give a stable qualitative result. For urgent biopsy examination, new immunohistochemical methods are needed.
Psychosocial counseling when testing for human immunodeficiency virus: what to focus on?
Authors: Koltsova O. V. , Safonova P. V. , Kutukova O. S.
Published: February 2021

Introduction. Voluntary anonymous HIV counseling and testing can be an effective tool to reduce the behavior that has high risks of HIV, hepatitis C (HCV) and B (HBV) transmission. The dissemination of general information on HIV, HCV, HBV to reduce risky behavior is not as much of importance as counseling on specific individual infection-related sexual risk behavior. The objective was to identify HIV/HCV/HBV-related risk factors that have to be discussed during psychosocial counselingto help the individual to focus on his/her sexual risk behavior.

Methods and materials. The study was conducted on the base of Saint-Petersburg Center for Control of AIDS with participation of 90 individuals who voluntary applied for HIV counseling and testing. Participants’ behavioral risks and HIV knowledge were assessed by the specifically developed structured questionnaire. The level of anxiety was measured by State-Train Anxiety Inventory (STAI adapted by Hanin), the level of need for extreme-risk behavior was measured by the Sensation Seeking Scale (Zuckerman).

Results. Only 50 % of participants use condom with their steady sexual partner always or almost always. In 62 % cases, the steady sexual partner’s HIV-status is unknown. Many participants agree that HIV transmission occurs always after sexual contact with HIV-infected person. The level of situational anxiety is higher by those who do HIV testing repeatedly. Those who are more likely to seek new sensations use condom with their steady or other partner more often.

Conclusion. Motivational intervention during pre- and post-counseling by HIV/HCV/HBV testing has to focus on the discussion of individual difficulties of condom use as the means for protection and on the individual’s resources for changing sexual behavior to protect him/her-self and his/her partner from infection with HIV and viral hepatitis.
Cushing’s syndrome: diagnostic labyrinths
Authors: Volkova A. R. , Semikova G. V. , Chernaya M. E. , Ostrouhova E. N. , Lisker A. V. , Volkova E. V.
Published: February 2021

In the practice of a doctor of any specialty, patients with hypercorticism – a syndrome of excess glucocorticoids level in the body – are not uncommon. Despite the fact that most of these patients have characteristic appearance and clinical manifestations, the correct diagnosis is often established months or even years after the first complaints.

The objective of this article was to demonstrate the clinical cases of patients with hypercorticism of various genesis, as well as a short theoretical reference based on the National Guidelines for the Management of Patients with Cushing’s Syndrome (2016).
Influência e superação na poética de Ruy Belo
Authors: Soares Ana Maria Pereira
Published: February 2021

O presente estudo pretende demonstrar que, para Ruy Belo, a dimensão hipertextual da poesia é uma inevitabilidade. No entanto, esta perceção não pressupõe uma atitude passiva face ao fenómeno da influência. Na sua perspetiva, o poeta que procura uma voz própria é aquele que convive com as vozes do passado para depois as defrontar e superar. A partir da análise de um excerto do poema A margem da alegria e do cotejo da obra de Dominique Saint-Alban, Le roman d’amour des grandes Égéries, procurar-se-á igualmente demonstrar o caráter hipertextual da escrita de Ruy Belo, assim como os dispositivos compositivos utilizados para obter uma elevada temperatura da expressão e desencadear a emoção estética.
Citação, alusão, referência: procedimentos intertextuais no poema “Nós os vencidos do catolicismo”, de Ruy Belo
Authors: Cardeal Adriano Tarra Betassa Tovani , Fernandes Maria Lúcia Outeiro
Published: February 2021

Ruy de Moura Ribeiro Belo (1933-1978), relevante autor da literatura portuguesa contemporânea, produziu dezenas de poemas líricos relacionados, em diferentes graus, à temática judaico-cristã, tendo tomado a Bíblia sagrada como fonte primária de procedimentos intertextuais utilizados por ele. Focalizamos seu livro Homem de palavra[s] (1970), no qual o poema “Nós os vencidos do catolicismo” mostra algumas técnicas de intertextualidade mais usadas por Ruy Belo ao longo da sua obra lírica: citação, alusão e referência. Para um conhecimento e análise delas naquele texto poético, recorreremos às definições provindas dos críticos literários franceses Julia Kristeva (1941-), Gérard Genette (1930-2018) e Tiphaine Samoyault (1968-).
Paródia e alegoria: o imaginário apropriado da poesia de Francisco Alvim e de Luís Quintais
Authors: Moreira Deyse , Alves Ida
Published: February 2021

Este estudo é uma análise comparativa entre a poesia de Luís Quintais – poeta português – e Francisco Alvim – poeta brasileiro. O objetivo é investigar a aproximação da paródia e da alegoria como procedimentos intertextuais e interartísticos de apropriação, metarrepresentação e refuncionalização. Estudaremos como os poemas designam processos de ressignificação de obras já existentes e corroboram na constituição de um “imaginário apropriado” que tem caracterizado a arte contemporânea.
A mão que balança o vero: uma proposta de leitura sobre recepção de arte a partir das canções de Chico Buarque de Hollanda
Authors: Ucelli-Ramos Luciana Fernandes , Dalvi Maria Amélia
Published: February 2021

Partindo de uma visada particular sobre a arte e a contemporaneidade em que vivemos, propomos uma análise relacionada ao papel desempenhado pela arte na cosmovisão dos sujeitos deste tempo. Para tanto, destacamos como corpus uma poesia musical, que designamos pelo nome “oraliteratura”: a canção de Chico Buarque de Hollanda.
Contra a anestesia, a gargalhada corrosiva: sobre o processo de escrita d’O Kit de Sobrevivência do Descobridor Português no Mundo Anticolonial
Authors: Lino Patrícia
Published: February 2021

O presente ensaio explora e explica algumas das fases e momentos centrais do processo de escrita d’O Kit de Sobrevivência do Descobridor Português no Mundo Anticolonial, publicado em 2020 no Brasil (Edições Macondo) e em Portugal (Douda Correria), ao debruçar-se sobre os conceitos de apropriação, génio nãooriginal, paródia, colonialismo, anticolonialismo, visualidade e humor. N’O Kit de Sobrevivência do Descobridor Português no Mundo Anticolonial, a dimensão paródica, que parte de um exercício de apropriação e assenta no princípio da não originalidade, faz uso da História nacionalista e oficial para, de modo humorístico e interdisciplinar, expor, desmantelar e destruir os absurdos e as incoerências do pensamento colonial.
The Unsivilized Figure as Cultural Hero of Artifice: Suassuna’s João Grilo and Twain’s Huck Finn
Authors: Chaffin Benjamin
Published: February 2021

In their close ties to a folkloric past, and in a conscientious effort to dialogue with a far-reaching literary inheritance, the Brazilian Ariano Suassuna (1927-2014) and the U.S.’s Mark Twain (1835-1910) present regional protagonists who negotiate roles as heroes of artifice. As they feed off models of the Trickster and pícaro, an analysis based on cognitive and psychosocial theory reveals a João Grilo and Huck Finn that model valued skills as socioeconomically marginalized figures on the outskirts of civilization. In Auto da Compadecida (1955) and Adventures of Huckleberry Finn (1884), both Suassuna and Twain manage to highlight these skills by creating character duos that mimic the cognitive counterpointing between Miguel de Cervantes’ Don Quijote and Sancho Panza.
Gestión de información para la vigilancia tecnológica en empresas del sector energético de la Guajira colombiana
Authors: Pérez-Illidge Nina , Geizzelez-Luzardo María , Rosales-Larreal Liliana
Published: February 2021

El objetivo del presente trabajo es Identificar el enfoque de la gestión de información para la vigilancia tecnológica en las empresas de energía solar fotovoltaica de uso residencial en el departamento de La Guajira, Colombia. Su fundamento teórico corresponde a Palop & Vicente (1999), Escorsa & Maspons (2001), Hidalgo, León & Pavón (2002), AENOR (2006), Castellanos (2007), en materia de vigilancia tecnológica; y Cepero (2010), Ponjuán (2011), Manso (2008), Rodríguez (2015), Suárez, Cruz & Pérez (2015) en cuanto a gestión de la información. Se considera una investigación descriptiva, diseño no experimental, transeccional; la población está constituida por 187 empresarios y profesionales relacionados con sistemas de energía solar fotovoltaica de La Guajira; la muestra seleccionada de manera probabilística aleatoria simple fue de 126 sujetos. La técnica de recolección de datos empleada fue la encuesta, y como instrumento un cuestionario de 60 ítems bajo una escala tipo Likert, con cinco alternativas de respuesta. Fue validado por 5 expertos y su confiabilidad calculada en 0.86 bajo el método alfa de Cronbach. Los resultados evidencian una moderada presencia de todos los indicadores correspondientes a la dimensión, relacionados con la gestión de información orientada a la toma de decisiones, el contenido y la tecnología. Con estos hallazgos se elabora la base diagnóstica que determina la formulación de la propuesta, permitiendo concluir que los lineamientos propuestos constituyen una estrategia efectiva para fortalecer la gestión de la información como apoyo a los procesos de adquisición tecnológica en sistemas de energía solar fotovoltaica de uso residencial.
CO-RADS: Coronavirus Classification Review
Authors: Penha Diana , Pinto Erique Guedes , Matos Fernando , Hochhegger Bruno , Monaghan Colin , Taborda-Barata Luís , Irion Klaus , Marchiori Edson
Published: February 2021

In mid-January of 2021, there were over 95 million diagnosed coronavirus disease 2019 (COVID-19) cases and approximately 2 million deaths worldwide. COVID-19 cases requiring hospitalization or intensive care show changes in computed tomography of the chest with improved sensitivity. Several radiology societies have attempted to standardize the reporting of pulmonary involvement by COVID-19. The COVID-19 Reporting and Data System (CO-RADS) builds on lessons learned during the peak of the first wave of the pandemic and shows good inter-observer reliability and good performance in predicting moderate to severe disease. We illustrate the application of the CO-RADS classification with imaging from confirmed cases of COVID-19 and discuss differences to other COVID-19 classifications.
"PERSONAL MORALITY" AS A PHENOMENON OF RESPECT FOR HUMAN RIGHTS AND FREEDOMS
Authors:   University «КРОК», Horielova Veronika
Published: February 2021

The article is devoted to the analysis of such a phenomenon as "impersonal morality" in the context of human rights and freedoms and emphasizes that it is "impersonal morality" that is becoming a mandatory element of it at the present stage of humanity. It is revealed that the current state of morality is in a state of personification and cognitive distortion, which indicates the impossibility of returning to a single "universal morality of mankind" and therefore it makes sense to speak only of "impersonal morality" - written and regulated by moral precepts for certain groups of people certain activities (law enforcement officials, judges, lawyers, health workers, etc.) - where human rights violations are most likely.
INTERNATIONAL LEGAL PROBLEMS OF RETURN OF CULTURAL VALUES IN THE CONTEXT OF JUDICIAL CASE
Authors:   Yaroslav Mudryi National Law University, Shumilo Inesa , Ivchuk Kateryna ,   Yaroslav Mudryi National Law University, Cherniavskyi Oleksandr ,   Yaroslav Mudryi National Law University
Published: February 2021

The article is devoted to the problem of international legal regulation of returning the cultural assets to the country of origin. The authors analyze the stages of the institution for the protection of cultural values development at the national and international levels. The article examines the system of international treaties that constitute the legislative framework of interstate cooperation in the field of returning cultural assets, the role of the UN, UNESCO and other international organizations in creating effective mechanisms for resolving disputes around returning cultural heritage items. The authors pay special attention to the case of Ukraine's claim to the University of Amsterdam on their turn of museum exhibits of the Scythian Gold exhibition, which was organized in the Netherlands under an agreement between the Ukrainian side and the Allard Pearson Museum in early 2014. The paper analyzes the acts of international organizations and national legislation of Ukraine on the consequences of the occupation of the Crimean Peninsula by the Russian Federation, and analyzes in detail the provisions of the loan agreement, which served as a basis for demonstrating the assets of Ukrainian museums at an exhibition in the Netherlands. The authors critically analyze the arguments of the Crimean museums located on the territory uncontrolled by Ukraine, about having "the right of operational management" for the exported exhibits and provide convincing evidence confirming the ownership of Ukraine for all the temporarily exported museum values. Based on the analysis carried out, the authors come to the conclusion that the international standards for the protection of cultural assets and effective mechanisms for their return to their rightful owners have been developed by the joint efforts of the international community in the twentieth century. The current provisions of international public law and the national legislation of Ukraine, chosen as a result of conflict of legal regulation, give solid grounds to assert that Ukraine is the rightful owner of all museum assets of the exhibition "Scythian gold".
LEGAL NATURE OF THE COMPONENTS OF INFORMATION SOVEREIGNTY OF UKRAINE
Authors:   National Academy of Security Service of Ukraine, Solodka Olena
Published: February 2021

As a result of the study it was found that the issue of determining the components of information sovereignty of Ukraine and their legal nature can be considered from two main approaches: the separation of functional areas (aspects) of information sovereignty or the separation of its system elements. In particular, the information sovereignty of Ukraine as a complex category of information law, the elements of which reflect various forms of information and areas of its manifestation in modern society, in the most general form includes the following functional aspects: information-humanitarian and information-technological. The information-humanitarian component of information sovereignty includes three aspects: national (people's), state and personal, and is primarily related to the informational identification of a person, nation and state and the establishment of information links between them. These aspects can be detailed through cultural, ideological, spiritual components and so on. The information-technological component is realized through the concept of digital sovereignty and is associated with cyberspace – environment resulting from the interaction of people, software and services on the Internet using technological devices and networks connected to them, which does not exist in any physical form. But to identify the components of information sovereignty in terms of its system elements, identifying information sovereignty with information policy or in particular with information security, we consider it impractical, because the relevant elements – information resources, information processes and their subjects, etc. are components of the information sphere.
EMPLOYEES ' RIGHTS DURING QUARANTINE
Authors:   Yaroslav Mudryi National Law University, Aveskulov Valeriy , Gurzhiy Victoria ,   Yaroslav Mudryi National Law University, Boriychuk Sophia ,   Yaroslav Mudryi National Law University
Published: February 2021

This scientific article is devoted to the problems of realization and protection of workers' rights due to the spread of the COVID-19 pandemic. The article examines the changes that occur in connection with the introduction of quarantine, and analyzes the difficulties that arise in the parties to the employment relationship. The legislative changes that took place in 2020 in order to adapt to new forms of society are analyzed. The article reveals the essence of remote work and the conditions under which the employer has the right to instruct employees to perform such work. It is analyzed how the employer provides the employee with working conditions that are necessary for remote work. It is indicated in what form the employment contract on home-based work is concluded, as at the time of the threat of spreading the pandemic the condition on transfer to remote work can be established in the order of the employer. Attention is also paid to the grounds for dismissal of employees during quarantine, as employers, being in a difficult situation due to quarantine restrictions, often dismiss employees illegally, which leads to violations of workers' rights and guarantees. The paper analyzes the introduction of downtime at the enterprise, as during the quarantine period, many employers are forced to make some changes in their work schedule. Particular attention is paid to wages during downtime. The article also examines the issue of sending an employee on leave "at his own expense", as it is another widely used way of registration of labor relations during quarantine, which are used by unscrupulous employers to minimize production costs and pay for work performed.
THE RIGHT TO LOCATE AND PROSPECTS OF ITS LEGAL REGULATION IN UKRAINIAN LEGISLATION
Authors:   Yaroslav Mudryi National Law University, Aveskulov Valeriy , Deresh Yuliia ,   Yaroslav Mudryi National Law University, Romanchuk Albina ,   Yaroslav Mudryi National Law University
Published: February 2021

This article is devoted to the study of the right to lockout, the legal status and procedure of which are not regulated in the labor legislation of Ukraine. The article considers the experience of foreign countries and options for legislative consolidation of the right to lockout. It is established that there are two types of lockout - defensive and offensive, the first of which acts as a reaction of the employer to the strike. The offensive does not require such a precondition as a workers' strike and is a means for the employer to impose its working conditions. Based on this, it was determined that most countries allow the employer to resort to such a measure if the lockout is defensive, but the procedure for its implementation contains a number of restrictions. The article analyzes the provisions of the European Social Charter, the Law of Ukraine "On the Procedure for Resolving Collective Labor Disputes (Conflicts)", the Draft Labor Code of Ukraine dated 04.12.2007 № 1108, the Draft Labor Code of Ukraine dated 27.12.2014 № 1658, the Draft Labor Code of Ukraine 08.11.2019 № 2410-1, Draft Labor Code of Ukraine dated 08.11.2019 № 2410, Draft Law on Strikes and Lockouts dated 27.12.2019 № 2682. The article considers the views of domestic scholars on the feasibility of enshrining in Ukrainian law the employer's right to lockout, some of which consider it appropriate to allow the right to lockout as a protective action of the employer in response to workers' strike, but with some restrictions. Other scholars advocate a direct ban, as such an employer's right may violate workers' right to strike. Based on the positions of scientists, foreign experience and analysis of numerous legislative attempts to determine the legal status and procedure of the right to lockout, a variant of its enshrinement in the labor legislation of Ukraine is proposed to balance the rights and interests of employees and employers and avoid economic pressure on employees. The authors consider it appropriate to consolidate the right to lockout if it is defensive, following the example of European experience.
WAYS TO INCREASE PROSECUTOR'S SUPERVISION OF OPERATOR'S ACTIVITIES
Authors:   University of the State Fiscal Service of Ukraine, Yurchenko Alina , Mostova Sofiia ,   University of the State Fiscal Service of Ukraine
Published: February 2021

The article is devoted to certain aspects of the prosecutor's supervision over the observance of laws by the bodies carrying out operative-search activity. Issues and controversial issues of prosecutorial supervision over the activities of bodies engaged in operational and investigative activities are covered. An assessment of the effectiveness of the tasks and the adequacy of the work of the prosecutor's office. The level of compliance of the prosecutor's supervision over the observance of laws by operatives in the process of their operative-investigative activity to the Constitution and the laws of Ukraine was assessed. Proposals have been made to improve the effectiveness of prosecutorial oversight of compliance with the law by law enforcement agencies. Effective ways to increase the effectiveness of prosecutorial oversight have been sought. The views and works of scientists concerning the problems of prosecutorial supervision over operational and investigative activities are considered. The range of subjects that, within the limits of their powers, have a corresponding influence on the activity of pre-trial investigation bodies, the legal status of persons involved in the sphere of criminal proceedings, on the pre-trial investigation as a whole has been determined. Some aspects of prosecutorial supervision over the activity of bodies carrying out operative-search activity are depicted. The procedure for appointing prosecutors, as well as the goals and objectives set for them, have been studied. The grounds for conducting prosecutorial inspections, types of inspections of compliance with the requirements of the legislation on operational and investigative activities are considered. The supervisory functions performed by the prosecutor's office in other countries are compared with those performed in Ukraine. The criteria for assessing the prosecutor's supervision over compliance with the law during the implementation of operational units and the conduct of covert operation of operational and investigative activities are defined. The risks associated with the work of the prosecutor's office and operational units, which may arise at all stages of operational and investigative activities and covert work of Ukraine, have been identified. Other reasons for prosecutorial oversight are mentioned, which today prevent prosecutors from really influencing the quality of the investigation.
THE ACTUAL STATE OF THE LEGAL CULTURE OF UKRAINIANS AS A REFLECTION OF THE DEFORMED LEGAL CONSCIOUSNESS
Authors:   Vasyl’ Stus Donetsk National University, Sukhodolia Mariana
Published: February 2021

The actual state of the population of Ukraine as a reflection of a deformed legal consciousness is studied. The article reveals that the state of a double transitive society, which is characteristic of Ukraine at the present stage, has a systematic negative impact on all spheres of social and legal existence. It is noted that the legal consciousness of the population of Ukraine should be analyzed differentially, and not monolithic, since different social groups have certain features. We can agree that for the most part, the legal consciousness of citizens of our country is represented by its deformed types, but the deformations themselves are characterized by variability. Officials are mostly characterized by legal nihilism and legal pragmatism (legal instrumentalism). Law enforcement officers are singled out separately, because for them, in addition to those mentioned above, a reborn legal consciousness is typical. For ordinary citizens, the most common forms of legal consciousness are recognized as legal nihilism, legal pessimism and legal infantilism. It is concluded that the deformed legal consciousness determines the following features of the legal culture in Ukraine: corruption, bureaucracy in the activities of officials at all levels; general disregard for the rules of conduct, formal, and not conscious compliance with them; widespread abuse of subjective rights and powers, the use of legal prescriptions to justify their own behavior; tolerance to illegal actions, finding an explanation for the actions of the offender; a tendency to lynching and "street democracy", which is due to general distrust of law enforcement agencies; the use of double standards in the field of law and "selective humanization"; lack of understanding of the essence of legal means necessary and sufficient to resolve the conflict, non-compliance with the boundaries of their application, disguising actions that actually contradict the spirit of law as legal activity.
ADMINISTRATIVE AND LEGAL GUARANTEES OF ACTIVITIES OF INSTITUTIONS OF HIGHER SPIRITUAL EDUCATION IN THE CONTEXT OF THE NEW EDUCATIONAL LEGISLATION OF UKRAINE
Authors:   Institute of Law, Psychology and Innovative Education of Lviv Polytechnic National University, Chornopyska Victoriya
Published: February 2021

The article analyzes the administrative and legal guarantees of higher spiritual education institutions in the context of modern educational legislation of Ukraine. Given the insufficient level of scientific and legal study of the topic and given the innovative processes in the Ukrainian educational environment, our intelligence to some extent fills the gaps in the study of this issue. Despite the declared norms in the educational legislation, the administrative and legal guarantees of the activity of institutions of higher spiritual education as religious organizations continue to be formed. The new educational legislation laid down new guarantees for institutions of higher spiritual education and defined a new trajectory for the development of theological education. In particular, the law preserves autonomy from the Ministry of Education and Science of Ukraine, and as a result of accreditation ZVDO may issue a state diploma. The legislator allows religious organizations to maximally correlate the educational policy of ZVDO, to determine the principles of student self-government. Regarding the licensing and accreditation procedure, opening of postgraduate and doctoral studies, specialized academic council on specialty 041 "Theology", the legislator provides for significant concessions and clearly recognizes all documents of the EITI that are equivalent to state documents. The legislation also stipulates that documents on education, scientific degrees and academic titles, which are issued to persons in the ZVDO, may be recognized as equivalent to state documents. However, the institutionalization of theology in the secular education system requires the search for new forms of its presence in the educational and scientific space of Ukraine.
PRINCIPLE OF INDEPENDENCE (PRINCIPLE OF SOVEREIGNTY) AND ANTI-PROTECTION PRINCIPLES IN THE FIELD OF APPLICATION OF SANITARY AND PHYTOSANITARY MEASURES UNDER WTO LAW
Authors:   Lesya Ukrainka Volyn National University, Karpinska Nataliia
Published: February 2021

The article focuses on the characteristics of the principles of independence, non-discrimination, national treatment and most-favored-nation treatment. Noting that in their direction and content these principles are heterogeneous and are divided into two groups: the principle of independence (principle of sovereignty) and anti-protectionist principles (all others), as well as the fact that there are certain features of understanding and application of these principles in EU, the author focuses on the study of such specifics in the context of differences from the basic content of WTO principles. A comprehensive analysis of the scientific literature allows us to conclude that the problems of the principles of WTO law have been studied by many scholars, and that the list of these principles may differ slightly, however, in general is quite stable. In the article the author substantiates the conclusion that the principle of independence is very powerful and protectionist in nature, in contrast to which a whole system of principles (anti-protectionist) is built, which together are designed to limit the principle of independence to expand and liberalize international trade. In the system of anti-protectionist principles of WTO law, the author distinguishes the basic component (principle of non-discrimination), regime component (principles of national regime and most-favored-nation regime), information component (transparency principle) and content component (principles of scientific validity and harmonization). The author sees the mechanism of recognition of equivalence as the main practical tool of realization of the principle of non-discrimination. WTO members recognize the sanitary and phytosanitary standards of other members as equivalent (even if they differ from their own) if the exporter demonstrates to the importer that his measures achieve an adequate level of sanitary or phytosanitary protection. Also, the article, on the example of some disputes, analyzes the practical application of the principle of non-discrimination in the field of non-tariff regulation - the application of sanitary and phytosanitary measures.
PROBLEMS OF IMPLEMENTATION OF COLLECTIVE HUMAN RIGHTS IN THE LIGHT OF ENSURING NATIONAL SECURITY OF UKRAINE
Authors:   Kyiv Cooperative Institute of Business and Law, Omelchuk Vasyl , Bohatov Yurii ,   Kyiv Cooperative Institute of Business and Law
Published: February 2021

Establishment of collective rights in the Constitution of Ukraine is an important factor in fulfilment of all human rights and freedoms. The right to freedom of association in political parties and public organizations, right to assemble peacefully, unarmed, and hold meetings, rallies, campaigns and demonstrations, right to file collective appeals to the state and local authorities are the main collective human rights in Ukraine. Their implementation is not subject to any restrictions, except for those directly stated in the foundation of the Basic Law of Ukraine. Among them a leading position is occupied by the interests of national security. Collective rights are becoming increasingly important and challenging in their implementation in a state and society precisely in connection with the problem of ensuring national security. Societal and political processes, both in our country and abroad, which are associated with display of collective rights, give reason to perceive this phenomenon as a socio-political and scientific and legal problem. It needs more attention and further action.
SYSTEM OF FORENSIC INVESTIGATION OF DOCUMENTS: FOREIGN EXPERIENCE
Authors:   Kharkiv Research Forensic Center of the Ministry of Internal Affairs, Sezonov Viktor , Okhrimenko Svitlana ,   National Academy of Internal Affairs,, Antoniuk Olena ,   Dnipropetrovsk State University of Internal Affairs
Published: February 2021

This article is devoted to the study of system of forensic investigation of documents as a branch of forensic technology. It is indisputable that illegal actions committed with the use of documents or those in which documents are material evidence constitute a significant percentage of the system of criminal offenses committed in Ukraine. The article uses crime statistics for 2020, summarized by the General Prosecutor's Office of Ukraine. An analysis of similar data for previous periods suggests that over the past five years, crimes with the use of documents have increased. In the paper, we substantiated that such an increase is the result of natural scientific and technological progress, the emergence of new types of information and its carriers. That is why, during the investigation of crimes, not only the document is examined as a material carrier of significant information, but also the information itself, expressed in letters, numbers, symbols or other signs. This article defines the essence of the subject of forensic investigation of documents as the activity of authorized bodies and persons to conduct a comprehensive investigation of documents and information that is important for the investigation of a crime or for its prevention. It is pointed out that in the system of domestic forensic investigation of documents are three parts - forensic authorship, handwriting investigation and technical and forensic investigation of documents. At the same time, it was established that the system for examining documents that have criminalistic significance in foreign countries does not contain any evidence of the existence of a division of this type of examination into separate subspecies. As a rule, in foreign countries, the investigation of documents is covered by the concept of forensic examination, but which is carried out by specialized bodies created precisely for this purpose and which have the appropriate powers throughout the country. Sometimes the investigation of documents and information that they contain is the only functional competence of the created bodies or their structural divisions. The article also identifies the forms of international cooperation in the field of forensic documentation and identifies promising directions for the development of this legal institution of forensic science both for science and for the practical activities of law enforcement agencies.
FEATURES OF LEGAL REGULATION OF ALTERNATIVE ENERGY IN THE COUNTRIES OF AMERICA (USA, CANADA, COUNTRIES OF LATIN AMERICA)
Authors:   National University «Odessa Law Academy», Karakhanian Karyna
Published: February 2021

The article considers general issues of international implementation and formation of the alternative energy sector, which is increasing the pace of development and distribution. Its appearance is due to the rate of depletion of fossil natural resources, environmental pollution. The main goal of renewable energy is to replace the old model of the energy system with new technologies that are environmentally friendly. It is established that today the global market of renewable energy sources is developing dynamically and there are no serious reasons for changing this trend in the foreseeable future. The energy market of the American countries, in particular, the USA, Canada and Latin America, features of realization of legal regulation of the specified sector of economy are investigated. It was stated that this region is one of the most promising players in the international arena of energy-producing countries from alternative sources, whose legislation is not aimed at comprehensive support of the energy sector. The main measures for economic stimulation of alternative energy producers, priorities for the development of the industry and ways to accelerate the energy revolution are analyzed. It was found that the main areas of state support for the sector in the United States, Canada and Latin America are the following measures: tax benefits; state subsidies, grants and guarantees; attracting foreign and national investments; "green" tariff; creating a favorable climate for the implementation of new methods of energy production from renewable sources. It is noted that Ukraine uses various energy sources for its own needs, but in recent years the share of alternative energy in consumption is gradually increasing. The most popular among them are solar and wind energy, hydropower, electricity production from biomass. The analysis of international legislation, as well as the legislation of the countries that were the subject of the study, shows the existence of certain regulations that are advanced and can be introduced into the national legal system in order to improve it.
ORGANIZATION OF LAW ENFORCEMENT ACTIVITIES: EU EXPERIENCE
Authors:   National Academy of Internal Affairs, Okhrimenko Ivan , Muzyka Mariia ,   National Academy of the State Border Guard Service of Ukraine named after Bohdan Khmelnytskyi, Holota Nataliia ,   West Ukrainian National University
Published: February 2021

Raising the standards of the domestic law enforcement system is an urgent issue of theoretical and applied direction. Improving existing models of law enforcement should take into account the progressive European experience, which includes practical tools to achieve effectiveness in the work of leading state institutions. The use of foreign standards and practices is a requirement of today, which is explained by the need to improve the performance of law enforcement agencies to protect the rights, freedoms and interests of citizens. The article considers modern aspects of law enforcement development in EU countries, outlines current European practices for improving the work of law enforcement agencies and bodies, suggests areas of borrowing that should be used in building a model of law enforcement agencies in Ukraine. Special attention is paid to the experience of some EU countries (Poland, Germany, France, Sweden) in organizing the work of law enforcement agencies. European developments are relevant for Ukraine, given the process of European and Euro-Atlantic integration, the development of the rule of law and civil society. Increasing public confidence in law enforcement agencies, improving the effectiveness of the latter in today's conditions is achieved through fruitful work aimed at implementing the latest models of construction and organization of law enforcement agencies of the EU, which can be adopted and used in our country. The reforms initiated in Ukraine to improve the work of the judiciary, counterintelligence and other bodies are evidence of a high desire for quality and effective change. Successful completion of transformation processes in the domestic law enforcement system depends on the ability to combine the best world experience with national characteristics and interests. The study and generalization of the EU experience in building the work of law enforcement agencies will remain a field of research that will require constant attention and scientific understanding.
MATRIMONIAL PROPERTY RELATIONS IN THE INTERNATIONAL FAMILY LAW: METHODOLOGY OF REGULATION
Authors:   Institute of International Relations of Taras Shevchenko National University of Kyiv, Tkachenko Yevhen
Published: February 2021

As a result of this study, the family law regulation of matrimonial property relations was found to have its specific mechanism which is defined as a single system of legal ways and means providing mainly dispositive legal influence on family relations that allows significant influence of individual self-regulation and restrictions of prohibitions. At the present stage of study, this mechanism is considered as a ‘complex’ phenomenon which has several layers. Therefore, different interpretations of the mechanism for family law regulation of matrimonial property relations, derived at various levels, show not only their distinctive but also their common features. Determination of heterogeneous circumstances affecting the matrimonial property relations requires an analysis of the content and legal regulation of the relations related to property ones, since they are influenced by the mechanism for family law regulation of matrimonial property relations. Therefore, the methodology is the most essential element of this mechanism: it reveals the basic legal principles of family law regulation and directly connects legal tools with the objectively determined needs of social life by using the regulatory functions of law. The structure of the methodology of the mechanism for family law regulation of matrimonial property relations includes permits, prohibitions, instructions, incentives, obligations, sanctions and other ways to influence proper relationships. Methods of family law regulation are determined as methods of legal influence on the relevant social relations. They reflect the essence of a particular legal regime of regulation, while serving as a unifying principle which groups the system of family law and other legal phenomena within the institutions of family law. In this sense, the main methods of legal regulation are the method of subordination and the method of coordination. As a result, it is determined that each family law method reflects a special legal regime of regulation and depends on the formation of a specific set of techniques and means of regulation, among which a special place is occupied by general permits and general prohibitions.