bluuebunny/crossref_metadata_2025 huggingface dataset:
Testing a hybrid noise reduction technique effectiveness in a speech signal for a video conferencing system
Authors: Belov Sergey Valerevich , Katunin Sergey Sergeevich , Kuchin Ivan Yurevich , Rudenko Mikhail Fedorovich
Published: February 2025

The issue of audio signal quality during video conferences is considered. The effect of noise on the quality and intelligibility of the speech signal is described. The analysis of the noise reduction process in the audio signal in real time is carried out. The main approaches to solving the problem of noise reduction in real time are highlighted, namely the approach with recognition and elimination of noise and the approach with voice recognition and elimination of sounds different from the speech signal. An algorithm for intelligent noise reduction using artificial intelligence methods has been developed, characterized by the presence of mechanisms for adjusting the “intensity” of the noise reduction effect on the speech signal, as well as adjusting the “sensitivity” to noise, allowing to influence the efficiency of the algorithm for specific operating conditions without the need to retrain the neural network model of the algorithm. Software has been developed that implements a hybrid noise reduction technique in the form of a module that was implemented in a previously developed software package for organizing and conducting video conferences. Three typical scenarios have been identified, for each of which a reference (noiseless) speech signal has been selected, as well as a set of noises for these scenarios for conducting two types of tests in order to test the effectiveness of the noise reduction module in various conditions of its application. Experiments were carried out with a test of the effectiveness of noise reduction of noise segments during speech pauses using the methods of RMS signal volume and visual spectrogram analysis with calculation of the percentage of the number of samples of rhythms in the output signal. Experiments were carried out with a test of the effectiveness of noise reduction of a noisy speech signal using objective methods for evaluating the quality of the speech signal ViSQOL and NISQA. The test results are presented in the form of tables.
Strengthening the capacity of local self-government bodies and their associations in the field of international territorial cooperation on the example of Zakarpattia Region
Authors: Gurchumeliia U. I.
Published: February 2025

The foundation of the constitutional order in Ukraine and the manifestation of a democratic society is defined by local self-government, through which the people’s right to power is realized. At the same time, the constitutional principles of the activity of local self-government bodies grant territorial communities the right to independently address local matters within the framework of the Constitution and laws of Ukraine. In this context, the implementation of international cooperation between local communities and foreign partners is one of the priorities of the activities of local self-government bodies and their associations in the current conditions.
International territorial cooperation manifests itself through communication and the deepening of contacts between local self-government bodies, government authorities, and the non-governmental sector, mutual visits of official delegations, and the signing of partnership agreements aimed at further attracting investments into the socio-economic development of the region, enhancing cooperation in the humanitarian field, and helping to solve urgent problems of the regions related to the Russian military aggression against Ukraine. In this regard, an important role is played by the participants in international territorial cooperation, including legal and physical persons, associations of local self-government bodies, their unions, other public organizations, and individuals participating in international territorial cooperation within their interests and rights as defined by national legislation.
Today, international territorial cooperation allows for the implementation of joint activities in the economic and humanitarian sectors, contributing to strengthening ties between cultural and educational institutions, creating stable relations between communities, and enhancing their resilience in times of martial law. At the same time, cross-border cooperation is mostly locally focused, aimed at overcoming natural and administrative borders between countries to improve the quality of life for the local population and reduce disparities in the development of border areas compared to other regions of neighboring states.
Directions for the development of human and citizen rights and duties in contemporary conditions
Authors: Beskletkinа M. Yu. , Vlasenko V. P.
Published: February 2025

The article conducts an ontological study of the trends in the development of human and civil rights and duties in contemporary conditions. It proposes to understand human rights as fundamental moral and natural needs and opportunities of an individual to self-realize, as enshrined in legal forms, without limiting the freedom of others. It is determined that the contemporary development of human and civil rights and duties reflects the striving for a more just, equitable, and sustainable society. An important trend is the expansion of both rights and duties in the context of changing technological, environmental, social, etc. conditions, as well as the need to adapt to new challenges. The article identifies the directions of the development of human and civil rights and duties in modern conditions, including: globalization of human rights, expansion of environmental rights and duties, improvement of social rights and duties, guaranteeing digital rights and the right to accurate information, and strengthening the duties regarding civic activism. The most pressing directions for ensuring human rights in the context of armed aggression by one state against another are identified, in particular, ensuring human rights related to the restoration of justice and strengthening democratic values, ensuring the rights of victims of armed aggression, internally displaced persons, the right to accurate information, a clean environment, and others. The article substantiates the view that the building of a rule of law state is possible if such development is based on a common idea – justice, freedom, equality, and dignity as the key fundamental principles of social development. The article analyzes the normative consolidation of generations of human rights in fundamental international normative acts, in particular, in the Universal Declaration of Human Rights, the Convention for the Protection of Human Rights and Fundamental Freedoms, and also clarifies the state of their objectification in the Constitution of Ukraine. The ontological dimension of human and civil rights and duties is determined, which is characterized by social, economic, political, cultural, and security changes in society that, in one way or another, determine the trends in the development of modern state policy in this area.
Administrative and legal aspects of financial monitoring of business under martial law
Authors: Tatianchenko O. A.
Published: February 2025

Financial monitoring is an activity aimed at identifying illegally obtained income and preventing the financing of terrorism. The National Bank establishes requirements for banks and non-banking institutions regarding the prevention of laundering of illegally obtained income and verifies their compliance.
Carrying out financial monitoring, banks and non-bank financial institutions check clients and analyze their financial transactions. In case of detection of suspicious transactions, banks inform the State Financial Monitoring Service and law enforcement agencies of Ukraine.
The National Bank acts in accordance with FATF International Standards for Combating Money Laundering and the Financing of Terrorism and the Proliferation of Weapons of Mass Destruction.
The issue of financial monitoring of business in Ukraine under martial law is more relevant than ever. It is about preventing and countering the legalization (laundering) of criminal proceeds, the financing of terrorism, and the financing of the proliferation of weapons of mass destruction. According to the current legislation, banking institutions are delegated the authority of the subject of primary financial monitoring. The task of the primary financial entity is to develop internal documents on financial monitoring, which should contain procedures sufficient to ensure effective risk management, as well as to prevent the use of services and products of the subject of primary financial monitoring for the legalization (laundering) financial monitoring for the legalization (laundering) of proceeds obtained through crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction and appoints an employee responsible for its implementation.
Banking institutions, as subjects of primary financial monitoring, create and ensure the functioning of an independent structural unit to perform functions related to financial monitoring. But it is very difficult for enterprises that have re-registered their activities from the temporarily occupied territories to the territory under the control of Ukraine to undergo financial monitoring, since, first of all, their financial activities are «paralyzed» while waiting for the decision of the banking institution, and accounts are very often blocked. The fact is that at the beginning of 2024, the above enterprises and banking institutions were checked in Russian registers, such as Ukrainian YouControl, Opendatabot, etc. Why did they rely on them more than on Ukrainian legal registers. Therefore, a very important question arises: financial monitoring of enterprises - legal protection or destruction of business under martial law?
Issues of legal regulation of audit public oversight in Ukraine
Authors: Tsyhanok Y. V.
Published: February 2025

The article is devoted to the search for ways to resolve certain topical issues of legal regulation of public oversight of audit activities in Ukraine. In particular, there is a legal uncertainty in the part of financial and legal relations concerning the financing of activities of the bodies authorized to exercise public oversight of audit activities at the expense of contributions from audit entities providing audit services to certain specified categories of legal entities and their associations.
It is substantiated that it is the shortcomings of legal technique made by the legislator when amending the Law of Ukraine ‘On Audit of Financial Statements and Auditing Activities’, which came into force on 1 January 2023, which led to legal uncertainty regarding the amount of fixed fees paid by audit entities to the Public Oversight Body for the provision of audit services to political parties receiving funding from the State budget, State-owned enterprises (except for those which are micro- and small-scale enterprises), and also to the fact that the latter are not subject to the requirements of the law. As a result, the Public Oversight Body may open unreasonable disciplinary proceedings against audit entities and impose penalties at the discretion of the public oversight officials with discretionary powers.
Based on a systematic analysis of the provisions of the Law of Ukraine ‘On Audit of Financial Statements and Auditing Activities’, the author provides a doctrinal interpretation of these provisions on payment of contributions and concludes that legal uncertainty arose as a result of the shortcomings of legal technique made by the legislator in the course of drafting these provisions. The author proposes to introduce appropriate amendments to the relevant law which would eliminate this legal uncertainty. Prior to introducing the relevant amendments, the author substantiates the need for the Ministry of Finance of Ukraine as the State regulator in the field of audit activities to provide an official interpretation of the current rules.
New criminal legislation and plea agreements in corruption offenses: in search of an optimal model
Authors: Honcharuk V. L.
Published: February 2025

The article is devoted to the study of criminal law aspects of ensuring the principle of procedural economy when concluding plea agreements in corruption offenses. The social danger of corruption is analyzed as a threat to the Ukrainian state, which undermines the foundations of the rule of law, contributes to economic losses and social inequality. Legislative amendments adopted by the Law of Ukraine «On Amendments to the Criminal Code of Ukraine and the Criminal Procedure Code of Ukraine on Improving the Regulation of Plea Agreements in Criminal Proceedings Regarding Corruption Criminal Offenses and Criminal Offenses Related to Corruption» on October 29, 2024, are being considered. concerning the mechanisms of entering into plea agreements, in particular the simplification and acceleration of the criminal process.
A comparison is made with the American practice of concluding similar agreements, where they are often used to expose other offenders. The author expresses reservations about the impact of the relevant changes on the legal system and social stability in Ukraine, despite the introduced clause 2, part 4, Art. 469 of the Criminal Code of Ukraine restrictions on concluding agreements with violators of anti-corruption legislation.
The changes made to the Criminal Code of Ukraine aimed at introducing normative parameters of plea agreements in criminal proceedings regarding corruption (corruption-related) criminal offenses are critically analyzed. In particular, it is emphasized that a fine as a type of punishment is not and should not be regarded as a certain type of «redemption» for committing a criminal offense; the fine must be paid from the legal income of the offender, not from the proceeds of crime.
The issue of the ethicality of the introduced legislative changes was separately raised and it was argued that domestic legislation, especially criminal legislation, should not be reformed «in exchange» for receiving external financial support. The author warns that this practice can have negative consequences, creating additional corruption risks and threatening the stability of society, especially in cases of release of top corrupt officials on the basis of deals.
Mediation as a component of restorative justice in the penitentiary system: the Great Britain experience
Authors: Dukhnevych A. V. , Karpinska N. V.
Published: February 2025

The article explores the role of mediation as a component of restorative justice within the penitentiary system of the United Kingdom. The study aims to examine the application of mediation in correctional facilities and assess its effectiveness in resolving conflicts and restoring justice among inmates and staff. General scientific methods of cognition, such as analysis, synthesis, comparison, generalization, and a systematic approach, were employed in the research. The findings demonstrate that mediation within the civil justice system of the UK serves as a crucial tool for the prompt and efficient resolution of disputes. It helps reduce the workload of courts, saves time and resources for participants, and fosters positive relationships between conflicting parties. One of the key advantages of mediation is its flexibility: it can take place in various formats, including face-to-face meetings, conferences, or indirect «shuttle» mediation, where the mediator relays messages between the parties. For small claims (up to £10,000), free mediation services are available, allowing parties to avoid court proceedings. In cases involving larger claims, external mediation services operating under professional standards set by industry organizations are engaged. The mediation process ensures neutral facilitation aimed at finding a compromise between the parties while maintaining the option to pursue legal action if an agreement is not reached. Significant attention is given to government initiatives promoting mandatory mediation as a stage in handling small claims. The government also plans to extend this practice to more substantial cases, enhancing access to justice and ensuring equal opportunities for all participants. The practical value of this study lies in the potential application of the UK’s experience to develop the institution of mediation within penitentiary facilities and the judicial systems of other countries.
«Criminal management»: an overview of objective signs of criminal influence
Authors: Krasnytskyi I. V. , Yaremko G. Z.
Published: February 2025

The article analyses the system of provisions on criminal influence, namely, the criminal law provision on the establishment or dissemination of criminal influence (art. 255-1 of the CC of Ukraine), as well as other provisions which provide for certain methods of criminal influence and which explicitly refer to criminal influence (part 5 art. 255, art. 255-2 of the CC of Ukraine).
The purpose of the scientific review is not just to distinguish the system of provisions establishing liability for criminal influence, but to establish the correlation between them, and thus to identify the rules of criminal law qualification, and also to determine the features of actus reus of a criminal influence. The article considers criminal influence from actus reus as a kind of ‘criminal management’, namely, organisation, provision of criminal activities by a person exercising criminal influence, and control over such activities.
Based on the results of the analytical review, the following main points have been identified:

The Criminal Code of Ukraine contains a system of rules on various ways of exercising criminal influence, envisaged in part 5 255, art. 255-1, 255-2 of the CC of Ukraine.
The provision on the establishment or dissemination of criminal influence (art. 255-1 of the CC of Ukraine) does not cover such acts committed by criminal offenders of criminal influence as: the creation, management of a criminal organisation (participation in it), criminal community (part 5 255 of the CC of Ukraine), as well as organisation, assistance in conducting or participation in a criminal meeting (gathering), if committed by a person who exercises ‘ordinary’ criminal influence (part 1 art. 255-2 of the CC of Ukraine).
The correlation between the provisions on the establishment or dissemination of criminal influence (art. 255-1 of the CC of Ukraine) and the provisions on the creation, management of a criminal organisation (participation in it), a criminal association committed by criminal offenders of criminal influence (part 5 art. 255 of the CC of Ukraine) is the correlation between general and special provisions. According to the established rules of overcoming competition, preference should be given to the special rule.
The correlation between the provisions on establishment or dissemination of criminal influence (art. 255-1(1), (3) of the CC of Ukraine) and the provision on organisation, assistance in conducting or participation in a criminal meeting (gathering) (art. 255-2(1) of the CC of Ukraine) is the correlation between two special provisions that are «specialised» on the basis of the criminal offender who exercises criminal influence and the method of criminal influence, respectively. When making criminal law qualification, preference should be given to the special provision which provides for a more severe punishment.
The role of the judiciary in identifying and addressing the concealment of administrative offenses by public officials: a judicial practice analysis
Authors: Likhovitskyy Ya. O. , Dovba T. V.
Published: February 2025

It is indicated that a significant number of scientific works are devoted to the issue of determining the direct object of concealment of an offense, for example, provided for in Article 396 of the Criminal Code of Ukraine, which have developed in the modern doctrine of criminal law. However, research in the field of the role of the judiciary in determining the qualification as well as in making court decisions/ resolutions on establishing the signs of concealment of an offense and its qualification is quite relevant despite the existing regulatory legal acts.
The role of the Judiciary in determining and developing the issue of Concealing administrative offenses committed by public officials and civil servants is a significant part of the research within the context of Ukraine’s legal system. Modern society, in which state institutions play a key role in ensuring public order and upholding legality, cannot function without an effective mechanism for controlling the actions of public officials. Administrative offenses committed by such individuals undermine the principles of transparency and accountability of state authorities, which are the foundation of the rule of law. In this regard, the Judiciary acts not only as a tool for adjudicating cases but also as a guarantor of Justice and a mechanism for ensuring compliance with the law.
A public official is any individual holding a position in a government body or local self-government body, authorized according to the law and/or based on the internal regulatory acts of the Governmental agency. They are the direct bearers and executors of powers.
One of the key issues before the courts is determining the subject of the offense and the incrimination of the violation. Judges, when considering cases of administrative offenses, must assess the presence of evidence confirming the Concealment of the offense and clarify the motives guiding the public official. Judicial practice, in this context, helps not only in resolving specific cases but also in shaping general approaches to the interpretation of Legal norms concerning administrative offenses.
The authors conclude that the concealment of a crime by officials and civil servants encroaches on public relations, which must be clearly distinguished by the category of the subject of the crime. The very fact of official negligence, the phenomenon of concealing an offense entails consequences that can lead to harm to the state and society, therefore we consider it appropriate to incriminate such activities and qualify them as a separate criminal offense, provided for in Article 396 of the Criminal Code of Ukraine, by supplementing it with a new paragraph, which would provide for specific liability for concealing offenses by officials and civil servants according to the severity of the crime committed.
The principle of favor rei in the American judicial doctrine void-for-vagueness (invalidity due to incomprehensibility) and the expediency of its borrowing in the criminal law of Ukraine
Authors: Panchenko N. M.
Published: February 2025

The article describes the peculiarities of the manifestation of the favor rei principle in the American judicial doctrine of void-for-vagueness (invalidity due to incomprehensibility). It is stated that the corresponding principle, despite the absence of its consolidation in the legislation of Ukraine, is widely used by courts, including courts of criminal jurisdiction, during enforcement. The study of this principle allowed us to come to such basic conclusions. The principle of favor rei has a criminal procedural and criminal law nature and can be applied by courts when interpreting criminal law norms if, in the uncertainty of the criminal law prescription, it does not allow choosing the correct interpretation result in a particular case. This principle can be applied during the interpretation of the criminal legislation of Ukraine in view of the requirement of predictability of the criminal law, which follows from the practice of the European Court of Human Rights, which means clarity for the addressee of the essence of the criminal law prescription. The interpretation by the courts of Ukraine of criminal law prescriptions using the favor rei principle is a kind of guarantee for the accused that in case of incomprehensibility of the criminal law prescription that can be applied to him, the court will choose in this case the interpretation option that will be most favorable for the accused. The principle of favor rei should be important in the process of law enforcement, given that the accused must be convinced that the court will not correct the flaws of the legislator when applying the norms of law, that is, it will not put itself in the place of the legislator. The principle of favor rei can make the interpretation of the criminal law more predictable, since the essence of this principle is that in the case when several interpretations follow from the law equally, but there are no significant legal arguments in favor of choosing one of them, one should choose the interpretation result that is more favorable, that is, the most predictable for the accused.
Settlement of a dispute with the participation of a judge in a civil process: problematic aspects
Authors: Gerasimchuk S. S.
Published: February 2025

The article is devoted to the analysis of the procedural norms of the institute of dispute settlement with the participation of a judge in a civil process, the coverage of theoretical and practical aspects, the search for ways of legislative improvement of the legal norms that regulate the procedure of dispute settlement with the participation of a judge. The principles that are implemented during the implementation of dispute settlement in judicial practice are analyzed. Attention is focused on the fact that the institution of dispute settlement with the participation of a judge is one of the types of alternative dispute resolution. The views of scientists regarding the legal nature of the judge’s participation in dispute settlement have been studied. It was found that the settlement of a dispute with the participation of a judge is a voluntary, negotiated, confidential process in which the parties to the dispute try to enter into negotiations on their own, on a voluntary basis, with the support of an independent, neutral and impartial mediator - a judge who, with the help of his own professional skills and knowledge directs the parties to a peaceful settlement of the dispute. A number of main problems that hinder the effective work of this institute have been identified. The lack of professional training and special requirements for a judge to participate in dispute settlement, the legal status of a judge in the dispute settlement procedure with the participation of a judge is not defined in detail, time limitations, issues regarding the consent of the parties to court conciliation, the impossibility of the judge to give legal advice and recommendations, questions regarding the storage of information obtained as a result of the established ability to hold meetings in video conference mode, etc. The adoption of a separate law was proposed, which would establish in detail the legal status of a judge participating in the settlement of a dispute, determine whether a judge has the right to refuse to grant a party’s (his representative’s) request for the application of a dispute settlement procedure with the participation of a judge in legal relations that indicate the impossibility of a peaceful dispute settlement, and define the concept legal advice and evaluation of evidence. The author emphasized the need for information dissemination of the institute of dispute settlement with the participation of a judge. Conclusions and proposals aimed at improving this procedure were formulated.
The case law of the European Court of Human Rights as a source of law in disputes involving bona fide purchasers of property
Authors: Hlushkov V. O.
Published: February 2025

Despite the fact that Ukraine ratified the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 (hereinafter referred to as the - Convention) 27 years ago [1], discussions among scholars about the mandatory nature and advisability of national courts considering the case law of the European Court of Human Rights (hereinafter referred to as the - ECHR) are still ongoing.
Of course, with each passing year, ECHR case law takes on an increasingly significant role in the administration of justice by national courts, and the conclusions formed by the ECHR lead to changes in judicial practice. Nevertheless, the issue of selective application of ECHR case law by national courts and template-based approaches in cases concerning the recovery of property from bona fide purchasers remains unresolved to this day.
In preparing this article, the author analyzed the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms and its First Protocol, which, following ratification by the Verkhovna Rada of Ukraine, became part of Ukraine’s legislation.
An analysis was also conducted of the provisions of the Law of Ukraine “On the Execution of Judgments and Application of the Case Law of the European Court of Human Rights” dated February 23, 2006, No. 3477-IV (hereinafter referred to as - Law No. 3477-IV) [2], which establishes that, when considering cases, national courts are obligated to apply the Convention and ECHR case law as a source of law. This undoubtedly highlights the importance of such case law.
The article also examines ECHR decisions in which the court established the criteria of the «three-part test» and the principle of «good governance,» which are often applied in the protection of property rights of bona fide purchasers, thereby altering the way national courts resolve disputes in this category. Additionally, the author offers their perspective on the significance of ECHR legal positions in shaping judicial practices for resolving family disputes.
As a result of the research, it was concluded that ECHR case law is of critical importance, not least because the ECHR interprets the provisions of the Convention and its Protocols comprehensively, taking into account global changes and striving to ensure that such interpretation reflects contemporary realities.
Distinguishing a fraudulent transaction from fictitious and sham transactions
Authors: Gofeld G. S.
Published: February 2025

The article examines the issues of distinguishing a fraudulent transaction from fictitious and sham transactions. The expediency of studying a transaction in general as one of the complex legal structures in the science of civil law is substantiated. The relevance of studying a fraudulent transaction as a new one for the practice of law enforcement of a transaction committed with the aim of causing harm to the creditor is emphasized. The author suggested that challenging a fraudulent transaction proceeds from a violation of the principle of good faith, which is difficult to disagree with. The key features of distinguishing a fraudulent transaction from fictitious and sham transactions are identified, namely: the essence of a fraudulent transaction is established; the signs of a fraudulent transaction are defined in accordance with the practice of the Supreme Court; a substantive characteristic of a fictitious transaction is provided; The essence and features of a fictitious transaction are clarified. A general characteristic of a fictitious transaction is given, where it is clarified that a fictitious transaction does not intend to create a legal consequence, unlike a fraudulent transaction. It is determined that the type of fictitious transaction is fraudulent. A fictitious transaction is characterized as one that aims to hide another transaction that was actually committed by its parties. A fictitious transaction, as indicated in the article, does not aim to create a certain legally significant result, which, on the contrary, takes place during the commission of a fraudulent transaction. It is concluded that a fictitious transaction, unlike a fraudulent transaction, is not characterized by the goal of creating a certain legally significant result. In such a case, the parties agree on other legal consequences that are important for them than those that are determined by their expression of will in the fictitious contract. It is emphasized that the separation of transactions committed to the detriment of the creditor into a separate group of fraudulent ones is an important step towards the development of Ukraine as a legal state, and creates the prerequisites for the legislative mechanism of the legal consequences of the application of the fraudster’s construct.
Consumer rights protection in the digital environment: challenges and perspectives
Authors: Hudyma-Pidverbetska M. M.
Published: February 2025

The scientific publication focuses on the legal protection of consumer rights in the context of the development of Ukraine’s digital economy and emphasizes the need to improve existing legislation concerning consumer rights protection. The study highlights that the digitalization of the economy and the active integration of digital technologies into the functioning of modern businesses significantly alter the nature of consumer relations, putting consumers in a vulnerable position. This undermines their right to safety, information, and fair contract conditions due to cognitive errors caused by a lack of digital literacy, online fraud, unfair commercial practices, manipulations through digital technologies, and the structural complexity of markets, which leads to consumer apathy, as well as hasty decisions due to limited choice or its illusion, and the accumulation of personal data with the risk of improper use. To protect consumers, a relevant legal framework that addresses all contemporary digital challenges is critically needed. For effective protection of consumer rights, it is important to transform the consumer’s responsibility to independently defend themselves from unfair practices and market shortcomings into the responsibility of business entities for fair market conduct. An analysis of the new Consumer Protection Law (Law of Ukraine No. 3153-IX, dated June 10, 2023) led to the conclusion that there is a significant strengthening of consumer rights protection. The law introduces advanced European Union standards, covering important areas such as consumer rights in electronic commerce, the sale of goods with digital content, and the economic rights of food and other product buyers, ensuring modern levels of safety and transparency. The strategic direction for the reconstruction of the consumer protection system, oriented towards European standards in the context of digital transformations, is evident. However, despite the positive developments in consumer rights protection, further steps must be taken toward the practical implementation of reforms and the evaluation of their effectiveness in the current conditions.
Features of the formation of an effective mechanism of public administration of health care institutions in the context of medical care for military personnel
Authors: Humenna N. V. , Kalyniuk N. M.
Published: February 2025

The article investigates and analyses the peculiarities of forming an effective mechanism of public administration of health care institutions in the context of medical care for military personnel. It is found that ensuring the exercise of the right to health for every Ukrainian during martial law in equal proportions is a rather difficult task, but the availability of basic medical services, even if these services cannot be provided in full everywhere, is a rather good indicator for a country which has been at war for a long time. It is substantiated that the mechanism of public administration of healthcare facilities providing medical care to military personnel should be aimed at observing human rights in the field of healthcare under martial law to ensure the protection of public health, prevent suffering and minimise the consequences of the conflict. The author establishes that the key to ensuring the exercise of the military personnel’s rights to health care and medical assistance is their awareness of these rights and the mechanisms for their exercise. The author analyses the legal provisions relating to the military’s rights to healthcare. It is proved that it is necessary to preserve the benefits for war veterans, but it is also important to refine and improve the mechanisms for their implementation. It is necessary to develop effective mechanisms to ensure the efficient use of available resources, improve the system of monitoring and control over the implementation of benefits, and take into account the individual needs of veterans in the development and implementation of social programmes. It is concluded that the real implementation of the social rights and freedoms of servicemen and women contributes to maintaining and enhancing their combat readiness and combat capability. The feeling of support and security is important for servicemen, as it can have a positive impact on their psychological state and combat capability. When military personnel know that their health care needs and rights will be addressed and protected, they can be more relaxed and focus on their duties in combat. This is important for maintaining their combat readiness and mission effectiveness. Thus, providing support and protection to military personnel can have a direct impact on the success of their service. But, unfortunately, in practice, the military are not always able to fully exercise their rights.
Legislative regulation of the exercise of property rights
Authors: Liliakov O. A.
Published: February 2025

The article investigates the issue of the need for proper legislative regulation of property rights. It highlights certain important aspects in this area to enable the state to implement effective mechanisms for the protection of property rights, as well as to ensure the rights and legitimate interests of owners.
Relevant provisions of the Constitution of Ukraine, the Civil Code, and the Commercial Code, which regulate legal relations in this sphere, have been analyzed.
At the same time, it is concluded that various aspects of property rights relations require constant improvement in order to effectively guarantee the rights and legitimate interests of owners.
The article also presents the legal positions of the Constitutional Court of Ukraine, which are significant for understanding the content and essence of property and other real rights relations, the scope of constitutional guarantees of property rights, and more.
In particular, the Constitutional Court of Ukraine proceeds from the premise that the primary duty of the state in the sphere of property relations is to ensure the protection of the rights of all subjects of property rights. One of the mechanisms for ensuring such protection is legislative regulation. The state, fulfilling its primary duty to affirm and secure human rights and freedoms and supporting the effectiveness of the principle of the rule of law, must not only refrain from applying excessive means of interference with property rights and other bona fide possessions but also take appropriate measures to ensure that everyone under its jurisdiction can freely and at their discretion exercise such rights.
As a general rule, property rights are exercised freely. However, under certain conditions, the activities of an owner may be restricted or terminated, or the owner may be obliged to allow others to use the property, but only in cases and procedures established by law.
At the same time, according to the Constitution of Ukraine, the legal positions of the Constitutional Court, the Convention for the Protection of Human Rights and Fundamental Freedoms, and the case law of the European Court of Human Rights, property rights are not absolute and may be subject to certain restrictions.
For instance, Article 64 of the Constitution of Ukraine allows for specific restrictions on fundamental rights and freedoms exclusively in cases regulated by the Constitution, particularly during a state of war or emergency, with the specification of the duration of such restrictions.
However, any interference with property rights must undoubtedly be based on law, pursue a legitimate aim, and be proportionate.
Evidence and proof in cases concerning the establishment of a regime of separate living for spouses
Authors: Pasailiuk I. V.
Published: February 2025

The article is devoted to the study of the nature of evidence and the process of proof in cases concerning the establishment of a regime of separate living for spouses in the civil judicial system of Ukraine.
The methodological foundation of the research consists of comparative, dialectical, systemic-structural, and normative-logical methods of cognition. These approaches enabled the analysis of legal norms, the practical aspects of their application, and the proposal of solutions to identified issues related to the peculiarities of the proof process in cases concerning the establishment of a regime of separate living for spouses.
It has been established that the institution of separate living of spouses constitutes a distinct legal institution, as its legal nature differs from that of the institution of divorce. A court decides to dissolve a marriage if its continuation is deemed impossible or contrary to the interests of one of the spouses or their children. In contrast, the basis for establishing a regime of separate living for spouses is the impossibility or unwillingness of the wife and/or husband to live together.
It has been determined that establishing a regime of separate living for spouses requires two conditions: the impossibility or unwillingness of the wife and/or husband to live together, and the termination of family relations between them. Thus, the primary facts that need to be proven in cases concerning the establishment of a separate living regime are the impossibility of cohabitation and the cessation of family relations between the spouses. In cases involving the establishment of such a regime under separate proceedings, it is also necessary to prove the mutual consent of the spouses to adopt the regime of separate living.
Based on the analysis, it was concluded that the means of proof in cases concerning the establishment of a regime of separate residence may include: written evidence (marriage certificate, child’s birth certificate, statements, correspondence between the parties, documents confirming disagreements or conflicts, extracts from registers regarding the residence of the parties, etc.), witness testimonies about the circumstances of cohabitation or conflicts, and others.
On the issue of quasi-marital legal relations
Authors: Rachynskyi R. Yu.
Published: February 2025

In the article, the author examines the issues of quasi-marital relations which in essence resemble marriage but do not meet all the requirements of the law on official marriage. The study is aimed at drawing the attention of the public and of the scientific community to the problems of quasi-marital relations and the need to regulate them.
The author analyses the current state of legal regulation of marriage relations in Ukraine. The author notes that quasi-marital or de facto marital relations can be considered typical for modern society.
In such relationships, couples live together, have children and property together, but their rights and obligations are regulated not by the Family Code, but by general civil law and are less protected.
The author identifies the following main legal problems for quasi-marital relationships: restrictions on personal non-property rights, difficulties in resolving property issues, difficulties in proving in court the fact of cohabitation and running a common household, etc. The reasons for these problems are the uncertainty of the legal status of partners in quasi-marital legal relations.
Based on the analysis of scientific literature, the author concludes that current trends in marriage are caused by the desire to preserve individuality within the framework of partnership relations. Therefore, marriage in modern conditions should be viewed as a union of two equal individuals who preserve their identity.
The author emphasizes that there is no uniform approach of the judicial authorities to resolving disputes arising out of being in a de facto marriage due to the lack of a clear system of legal regulation of such relations. To substantiate this, the author examines examples from the case law of the Supreme Court of Ukraine and the European Court of Human Rights.
Considerable attention is paid to the issue of same-sex marriages, which has become more acute in the context of Russia’s armed aggression against Ukraine. Even if necessary, it is impossible to apply the judicial procedure of proof to their actual relations. The author argues that ignoring quasi-marital legal relations means leaving out a significant number of problems. The author discusses the existing legislative initiatives which are an alternative to traditional official marriage for both same-sex and different-sex couples who for some reason do not wish to legalise their relationships through marriage, and which may be the institution of registered partnership.
Database: legal nature under Ukrainian and EU law
Authors: Tarasenko L. L.
Published: February 2025

The article considers certain problematic aspects of the legal regime of databases under Ukrainian and EU law. It has been established that the Law of Ukraine “On Copyright and Related Rights” pays sufficient attention to the legal regulation of relations related to the acquisition, exercise and protection of rights to databases. It has been proven that databases as an object require more thorough and systematic legislative regulation by adopting a separate legislative act, which should comprehensively determine the legal regime of databases. It has been substantiated that the characteristics of a database include: it is a collection of works, data or any other information; these works, data and/or information are contained in an arbitrary form; systematization of works, data, information, or their arrangement; the presence of a special search system to ensure access to works, data, information (which may function including, but not exclusively on the basis of electronic means); it is a predominantly digital object. The influence of modern technologies on the transformation of the form of existence of a database as an object is proven (there has been a gradual evolution of the database from a paper to an electronic form of existence, moreover, the electronic form has almost completely replaced the «paper» database). It is substantiated that due to the development of technologies and innovations, the opportunities of both authors and users of the digital environment have expanded, who have received new ways of using digital content, which can also be contained in databases (which are usually in electronic form). It is established that it is necessary to distinguish between the rights to a database as an object and the rights to objects that are part of the database as its constituent parts. It is established that the legal protection of a non-original database through the mechanism of a special kind of right is aimed at protecting the database as a certain digital object, which can also be used by the person who created it, as well as by other persons (users), who, in order to acquire the status of a legal user, must obtain permission to use it from the person who created such a database. It is substantiated that the norm that databases created to systematize data that is public information in accordance with the Law of Ukraine «On Access to Public Information» are not subject to a special kind of right (sui generis) requires specification, since it is unclear what legal regime applies to the specified databases, who owns the rights to the databases and how to exercise them. It is proved that a special law on databases should regulate the features of the exercise and protection of rights to databases in the digital environment, which is especially relevant in the conditions of the rapid development of technologies and innovations.