bluuebunny/crossref_metadata_2025 huggingface dataset:
Interference with the legal professional activities of journalists: public danger and immediate objects
Authors: Isaienko Ye.H.
Published: October 2024

It is indicated that freedom of speech and self­expression are key components of any modern democracy. International and national legislation provides everyone with the right to freedom of thought, speech, and the free expression of their views and beliefs. At the same time, the practical implementation of these fundamental freedoms remains a difficult task. In Ukraine, the professional activity of journalists is under the protection of the state, and the legislative norms regulating this protection are generally sufficient. However, despite this, cases of obstruction of the legal professional activity of media representatives do not stop, as evidenced by judicial practice
The work reveals main provisions on the public danger of obstructing legitimate professional activity of journalists (Article 171 of the Criminal Code of Ukraine), the direct main and additional objects of this tort. To clarify the content of these elements of the composition of a criminal offense, the concept of the object of a criminal offense as a legal relationship is taken as a basis.
It has been established that the social danger of obstructing the legal activity of a journalist lies in the fact that this criminally illegal act has such a negative impact on society in general and the journalist in particular: 1) restricts freedom of speech, i.e. the right to freely express one’s thoughts; 2) hinders citizens’ access to information; 3) directly threatens democratic processes in the state; 4) leads to self-censorship; 5) negatively affects public consciousness, makes it more vulnerable and can lead to its manipulation; 6) threatens psychological and physical safety of journalists, their property, honor, dignity, etc., depending on the manifestation of interference with their legal activities.
It is proposed to recognize state-protected legal relations in the sphere of the legitimate professional activity of journalists, which determine the order of such activity, as the main direct object of the criminal offense provided for in Art. 171 of the Criminal Code of Ukraine.
It is argued that the criminal offense provided for in Art. 171 of the Criminal Code of Ukraine, usually includes direct additional optional objects, which can be legal relations related to the provision of criminal law protection of life, health, honor, dignity, property of a journalist, public order, normal activity of an organization, the right of citizens to obtaining reliable and objective information, etc. At the same time, direct additional mandatory object takes place only in case of committing the specified tort by an official using his official position.
Analysis of the practice of application of Article 114-2 of the Criminal Code of Ukraine (Unauthorized dissemination of information on the sending, movement of weapons, armaments and ammunition to Ukraine, movement, movement or deployment of the Armed Forces of Ukraine or other military formations formed in accordance with the laws of Ukraine, committed under martial law or a state of emergency)
Authors: Starko O.
Published: October 2024

The article analyzes the practice of consideration of cases under Article 114-2 of the Criminal Code of Ukraine, which provides for liability for unauthorized dissemination of information on the sending, movement of weapons, armaments and ammunition to Ukraine, movement, relocation or deployment of the Armed Forces of Ukraine or other military formations formed in accordance with the laws of Ukraine, committed under martial law or a state of emergency. During the monitoring of court decisions posted in the State Register of Court Decisions for 2022 and 2023, 112 guilty verdicts were identified and analyzed, which were delivered by courts between March 24, 2022 and December 31, 2023 (except for those verdicts where information is prohibited for disclosure).
During the analysis of the guilty verdicts, it was found that most of the persons were convicted under Part 2 of Article 114 of the Criminal Code of Ukraine and Part 3 of Article 114-2 of the Criminal Code of Ukraine. The author also examines what information was most often disseminated. The author identifies the most typical forms of active actions as a sign of the objective side of the crime, the peculiarities of their commission, the most common methods and tools of crime and qualifying features. Based on the analysis of the verdicts, a number of conclusions are drawn about the typical motives for this crime and the identity of the perpetrator, the presence/absence of sincere remorse, and the confession of guilt. Certain trends in sentencing of perpetrators are identified. In particular, it is noted that in 2022, courts actively used the institute of release from serving a sentence with probation (57% of convicts), but in 2023, 70% of perpetrators were sentenced to «real» imprisonment. As a result of the generalization, the author outlines the most typical criminal law features of this crime.
In order to clarify the peculiarities of the offender’s portrait, the data from the report «On Persons Who Committed Criminal Offenses» for 2022-2023 were analyzed. In particular, the number of persons identified under Art. 114-2 of the Criminal Code of Ukraine, their structure by gender, age, citizenship, education, employment, presence/absence of a criminal record, and the peculiarities of the crime (committed in complicity, while intoxicated) are determined. Certain characteristics, such as a person’s place of birth, marital status, dependent minor children, and disabled parents, were identified through sentence monitoring. As a result of summarizing these data, the author outlines a portrait of the offender.
State of scientific research problems of judicial proceedings in civil jurisdiction
Authors: Bevza A.
Published: October 2024

The article reveals current problems and the state of scientific research on judicial proceedings in civil proceedings. In particular, special attention is paid to the issue of justice. The definitions and content of justice given by both scientists and its normative basis are analyzed. It is established that some scientists define justice as the main function of the court, while others define it as a form of activity of the court itself. The proposed author’s definition of the concept of «justice». Issues of access to justice are highlighted. It is suggested that the issue of access to justice be classified as one of the main principles of the civil process. The availability of justice and access to court is considered in the context of the concept of basic human rights and freedoms. Access to justice is defined as a combination of such interrelated elements as unconditional freedom, state- guaranteed opportunity and equality of a person whose rights have been violated to apply for judicial protection of his rights and legitimate interests to a competent court; the duty of the court to accept the case for its proceedings, without applying formal reasons for refusal. Application of universal and unlimited court jurisdiction; guarantees of competitiveness, proper judicial procedures, which ensure reasonable terms of consideration of the case. Particular attention is paid to the main principles recommended by the Committee of Ministers of the Council of Europe to member states regarding measures that facilitate access to justice. The opinions of scientists revealing the meaning of such principles as simplification of court proceedings, acceleration of proceedings and court costs are established. The work analyzes official statistical data for 2020 - 2023, regarding the number of cases that were considered in the order of simplified legal proceedings in all courts on the territory of Ukraine. It was concluded that, in minor cases, it would be appropriate to develop and implement national standards that would allow individuals to independently fill out understandable standard forms of procedural documents and submit them to the court, without consulting legal experts. It is proposed to use a differentiated approach to determine the size of the court fee depending on the person’s income or depending on the degree of difficulty of the case, taking into account the procedural costs and time for consideration of the case.
The dispute about the law in the claim about the appeal of notarial deeds or the refusal to execute them
Authors: Dzhuga M.V.
Published: October 2024

The article is devoted to the disclosure of the concept and essence of the dispute about the right during the consideration and resolution of a civil case on challenging notarial actions or refusal to perform them.
It is noted that historically, for a long time, appeals against a notarial act or refusal to perform it were considered as undisputed cases and were resolved in a civil process by way of a separate proceeding. But with the adoption of the Code of Criminal Procedure of Ukraine and its implementation, this category of civil case was classified as disputed, and therefore was already considered by the procedure of legal proceedings. The change in the order of consideration of the case led to the fact that both theoreticians and practitioners began to understand differently the nature of the «dispute about law» in this category of civil case, which had consequences not only in terms of the validity of classifying it as a case of legal proceedings, but also in the field civil jurisdiction.
The author argues that when filing a lawsuit to challenge notarial actions or refusal to perform them, a civil law dispute arises, which arises not only from notarial procedural legal relations, but also from civil legal relations. Civil legal relations are the main legal relations, and notarial procedural legal relations are derivatives arising on the basis of the former and ensuring their implementation. That is why a civil law dispute arises between the person whose rights and interests are affected by the notarial act and the notary, as parties to this case, which is burdened by notarial proceedings. The peculiarity of this civil law dispute based on a claim to challenge a notarial act or refusal to perform it is that only one party claims material or non-material benefit, and the other does not. This is what distinguishes a claim for contesting notarial actions or refusal to perform them from other claims, where a dispute about civil law, which is burdened by notarial proceedings, arises between two subjects who simultaneously claim material or non-material benefit, which is behind the realization of the subject objective civil law.
In connection with the encumbering of subjective civil law by notarial proceedings, when filing a lawsuit to challenge notarial actions or refusal to perform them, the purpose of civil proceedings is also complicated: in addition to the protection of subjective civil rights, freedoms and interests, judicial control of legality is carried out notarial activity.
Specific features of defining inheritance as escheated within civil law doctrine and legal enforcement practice
Authors: Kroitor V.A.
Published: October 2024

The author has studied the problem of escheated inheritance. The problematic aspect of this legal phenomenon is also stipulated by the lack of its legislative definition, disputes in regard to the legal nature of relations of escheated inheritance. The relevance of this problem is evidenced by the fact that it is appropriate to assume an increase in objects of escheated property in terms of the martial law and post-war reconstruction due to inability of lawful heirs to accept inheritance (death as a result of hostilities, leaving the country for permanent residence in other states, etc.), destruction and damage of property. Therefore, the registration procedure and usage of escheated property at the level of territorial communities may be revised in terms of the martial law.
It has been noted in the paper that escheated inheritance cannot be considered as hereditary and legal definition by its legal nature, because: it is based on the obligation, but not on the right to accept inheritance; its purpose is to satisfy the public interest in maintaining the stability of property relations in society; it is legal succession.
The author has proved that the construction of interest in the system of legal relations of escheated inheritance is complex and combines public (social) and economic (property) interests. Public (social) interest consists in preserving the stability of property relations in society. Economic (property) interest has a public and private orientation, in particular, it satisfies the interests of the territorial community, both an acquirer of the ownership right and a creditor regarding the satisfaction of an ancestor’s obligations at the expense of escheated property. At the same time, a public entity assumes the burden of the ancestor’s obligations sometimes not in own interests, but in order to satisfy the stability of property relations in society.
The procedure of recognizing inheritance as escheated has the following stages: detection of escheated property, in particular from reports of neighbors, from the authority in charge of the residential stock; examination of discovered property, whereat a formal note is taken; collection of information regarding the status of escheated property; in case of establishing the fact of damage (destruction), the commission puts forward a proposal to terminate the ownership right to such an object; preparation of a claim to the court on defining inheritance as escheated and transfer of property to communal ownership; hearing the case according to the rules of a separate proceeding; adoption of a court judgement on transfering escheated inheritance to communal ownership; the decision of the local self-government agency’s session on the acquisition of the right of communal ownership of escheated property; state registration of property for the relevant territorial community; maintenance and use of escheated property.
Features of the regulation of the legal status of public law legal entities in France
Authors: Piddubna V.F.
Published: October 2024

In the article, the author considers issues related to the legal status of legal entities under public law in France. The legal status of legal entities under public law is regulated by the Constitution of France, special legislation in the field of administrative law. The article analyzes the criteria for distinguishing legal entities into legal entities of private and public law, developed by the judicial practice of French courts. In the article, the author examines the types of legal entities of French public law, in particular, the latter include: the state, territorial entities, public institutions. The article examines the legal nature and types of public service, which is carried out in the field of defense, transport, and industry management. The article defines a public service, as a rule, the specified services do not have the status of a legal entity, the specified status belongs to the state that creates these services. The author researches public institutions of France that belong to legal entities under public law. The article defines the concept of a public institution, classifies public institutions according to various criteria, and defines the organizational structure of these institutions. A variety of public institutions is industrial and commercial in nature. The author examines the historical aspects of the emergence and development of this type of institution. The article examines the characteristics of a public institution, in particular, the following characteristics are distinguished: 1) it is a legal entity under public law; 2) has a socially beneficial purpose; 3) is under the supervision (guardianship) of the state can be fully applied to the legal regulation of public benefit institutions, which also have the status of a legal entity, pursue a socially beneficial goal, and are under the supervision (guardianship) of the state. The article examines the legal nature of associations of persons of liberal professions (lawyers, attorneys, notaries, doctors, pharmacists, veterinarians, and others). The article examines the judicial practice of French courts on issues of compensation for damage caused by the activities of a state institution. The author examines and investigates issues of the legal regime of property of legal entities under public law.
Legal aspects of civil liability of healthcare professionals for violation of patients’ rights in the course of provision of medical services: current challenges and prospects for improvement of legislation
Authors: Smolovyi A.V.
Published: October 2024

In today’s world, where the quality of medical services and patients’ rights are becoming increasingly important, the issue of civil liability of medical professionals is becoming extremely relevant. The article is devoted to a comprehensive study of the legal aspects of civil liability of healthcare professionals for violation of patients’ rights in the course of providing medical services in the context of current challenges and prospects for improving Ukrainian legislation.
The article examines theoretical and practical issues related to the peculiarities of civil liability in the medical field. The legal basis for such liability, its forms and consequences are analysed. Particular attention is paid to the specifics of proof in medical cases and the problems faced by patients in defending their violated rights.
The article analyses the judicial practice of consideration of cases involving violation of patients’ rights, identifies the main trends and problems of law enforcement. On the basis of this analysis, the author formulates proposals for improving the mechanisms of civil liability in the medical field.
Special attention is paid to the new challenges facing the healthcare system in the context of technological progress and globalisation. The author examines the issues of liability in the use of telemedicine, artificial intelligence in diagnosis and treatment, as well as the problems of protecting patients’ personal data.
Based on the study, the author proposes specific ways to improve Ukrainian legislation in the area of civil liability of medical professionals. In particular, the author considers the possibilities of introducing specialised rules on medical liability into the Civil Code of Ukraine, creating an effective system of pre-trial settlement of disputes in the medical field, and strengthening guarantees for the protection of patients’ rights.
The article contains substantiated conclusions regarding the need for a systematic approach to reforming legislation in the area of civil liability of medical professionals. The author emphasises the importance of a balance between protection of patients’ rights and creation of favourable conditions for professional activity of healthcare professionals.
Legal analysis of the contract on non-disclosure of commercial information
Authors: Filiuk O.
Published: October 2024

In the conditions of the development of market relations in Ukraine, the protection of commercial information is becoming an increasingly urgent issue. Growing competition, technological progress and the globalization of markets encourage business entities to implement various measures to ensure the privacy of their data. One of the most effective tools for this is a commercial non­disclosure agreement, which is designed to protect sensitive information from unauthorized use and/ or disclosure.
In connection with the constant changes in the economic and legal environment, there is a need for research in the field of commercial non­disclosure agreements. The development of new approaches to the conclusion and enforcement of non-disclosure agreements will allow taking into account changes in the economic environment and technological innovations, which in turn will strengthen the legal framework for business protection.
The article examines the legal nature of an agreement on non-disclosure of commercial information, in particular in the context of labor relations, where one of the parties is an employee, and also provides a definition of such an agreement.
The author notes that an essential condition of this contract is a clear definition of the information subject to protection. The definition of trade secret covers financial, technical, legal, corporate information and other information of commercial value. The author offers a list of information that can be classified as a commercial secret, and emphasizes the importance of adapting this list to the specifics of legal relations.
In particular, in contracts concluded between an employer and an employee, it is necessary to provide for information protection conditions, and also an important aspect is the regulation of the term of the contract, which can extend both to the period of the employment relationship and after its termination.
The author emphasizes that the regulation of relations regarding the non-disclosure of commercial information can be implemented within the framework of a mixed contract containing elements of various contracts, which opens up new opportunities for the legal protection of commercial secrets in various spheres of activity.
The legal analysis of the specified contract provides an opportunity to consider in detail the structure, essential conditions and features that can significantly affect the effectiveness of its application.
Influence of the transformation of the legal system of Ukraine on the development of the theory of the state and law
Authors: Nalyvaiko O.I.
Published: October 2024

The article is devoted to the analysis of modern challenges for the theory of the state and law in the context of the development of the legal system of Ukraine. Starting with the introduction, the author emphasises the relevance of the topic and emphasises the need to consider these issues in the Ukrainian context. The theoretical part of the article deals with a historical overview of the state and law, in particular, their development in Ukraine. The author draws attention to the key aspects of the formation of the theoretical foundations that formed the basis of the country’s modern legal system. Modern trends in the development of the legal system of Ukraine are also considered. The author analyzes various aspects such as corruption, human rights and the implementation of reforms. The problems and challenges faced by the Ukrainian legal system are highlighted, and possible ways to overcome them are outlined. A separate part is devoted to the influence of globalisation on changes in the concepts of the state and law. The author considers the phenomenon of globalisation as a factor affecting the modern legal system of Ukraine and highlights its consequences and opportunities for further development. In addition, the article examines the role of the Constitution of Ukraine in the formation of the legal system. The author analyzes the basic principles of the state and law enshrined in the Constitution and their significance for the functioning of the country’s legal system. Attention is drawn to international experience in solving challenges for the theory of the state and law. The author conducts a comparative analysis of different countries, which allows to highlight the best practices and use them to improve the legal system of Ukraine. A separate aspect is the role of civil society in the formation of the legal system. The author emphasises the importance of active participation of citizens in the legal process and their influence on the development of the legal system. In the conclusion, the author sums up the research and highlights the main conclusions regarding modern challenges for the theory of the state and law in Ukraine. It is noted that the further development of the country’s legal system requires complex measures and systemic reforms, as well as the active implementation of best practices and experience of other countries.
Economic legal personality of virtual assets service providers: concept and elements
Authors: Kulyk O.
Published: October 2024

The objective of the study is to provide substantiation for proposals to clarify the definition of the concept and elements of economic legal personality of virtual assets service providers. In light of the findings presented in the study, the author concludes that economic legal personality of service providers related to the circulation of virtual assets is the ability of service providers related to the circulation of virtual assets to be parties to economic legal relations - to participate in legal relations arising in the field of business through the exercise of economic competence (rights and obligations determined by law) and economic legal capacity (rights and obligations acquired voluntarily due to the need to carry out economic activities and enshrined in the relevant documents).
In terms of their economic legal personality, virtual assets service providers are characterized by two key elements: economic competence and economic legal capacity.
The moment when the general legal personality of service providers related to the turnover of virtual assets arises is the state registration of a business entity as a legal entity. In contrast, special legal personality will arise only after obtaining a permit, since the activities of service providers related to the turnover of virtual assets are subject to specific regulatory requirements. The provision of services related to the turnover of virtual assets is permitted only if a specific permit has been obtained, in accordance with the stipulations set forth in the Law of Ukraine «On Virtual Assets» (part 2 of Article 18).
It has been determined that virtual assets service providers possess exclusive economic legal personality, encompassing an exhaustive list of permissible activities. These entities may only engage in activities authorized by the Law of Ukraine «On Virtual Assets,» upon acquiring the relevant permits. It may be inferred that obtaining such a permit simultaneously entails the prohibition against engaging in alternative business endeavors.
Problematic aspects of covering costs related to insolvency proceedings
Authors: Filatov V.
Published: October 2024

The article is dedicated to examining the problematic aspects that arise in practice concerning the formation, execution, and reimbursement of costs associated with insolvency proceedings for small and medium­sized enterprises and developing proposals to address these issues. Special attention is given to the analysis of the current insolvency legislation in Ukraine, identifying its shortcomings in regulating the composition of expenses in bankruptcy cases, the mechanisms for covering these costs, and the determination oftheirfunding sources. The authors argue that the feasibility of applying bankruptcy procedures, an objective assessment of their effectiveness, and the independence of insolvency practitioners largely depend on the provision of adequate financing for the costs associated with insolvency proceedings.
The article highlights the specifics of applying bankruptcy procedures in situations where the debtor lacks sufficient assets to cover the expenses associated with the proceedings. The author proposes the introduction of a new simplified liquidation procedure that provides for minimal implementation timelines and reduced costs.
Such a procedure has the potential to significantly alleviate the financial burden on debtors and simplify the process for insolvency practitioners.
The relevance and necessity of urgently improving the regulatory framework governing the costs associated with insolvency proceedings are substantiated, along with the comprehensive provision of debtors with effective legal instruments to resolve their obligations in a state of insolvency. Based on the conducted research, practical recommendations have been developed for amending the insolvency legislation. These proposalsinclude standardizing thelistof expenses, improving the mechanisms for advancing costs, introducing more efficient methods for covering expenses and ensuring the timely payment of costs associated with insolvency proceedings.
Thus, the article aims to contribute to the further improvement of Ukraine’s insolvency legislation, enhancing its effectiveness and ensuring greater legal certainty for all participants in the bankruptcy process.
Online harassment in labor relations
Authors: Burka A.V. , Vakariuk L.V.
Published: October 2024

The article notes that the integration of social media into our daily lives has led to the blurring of the boundaries between work and personal space and, as a result, the growth of harassment on social media. Based on various statistics and international studies, it can be argued that harassment at work, especially sexual harassment, is a complex, unresolved problem for many companies around the world, and the constant growth of remote work that began during the pandemic directly leads to an increase in complaints about aggressive actions on the Internet.
The authors of the article point out that harassment on social media in the workplace does not have to be limited to traditional working hours, and the harasser can be not only a colleague, manager, or technical staff, but also a client, supplier, etc.
To effectively combat harassment in the workplace, organizations must first develop a zero-tolerance policy against harassment or any other form of discrimination and cultivate a culture of empathy. However, a policy or training alone is not enough if there is no detailed and effective mechanism for reporting harassment to a manager or an authorized body at the enterprise.
The article analyzes the foreign and national experience of the procedure for reporting harassment and protecting violated rights. The author concludes that since Ukrainian legislation does not define harassment and does not establish liability for such actions, employees have the opportunity to protect their rights only within the framework of the Law of Ukraine “On Ensuring Equal Rights and Opportunities for Men and Women” and the Law of Ukraine “On Principles of Prevention and Combating Discrimination in Ukraine”. Therefore, the issue of supplementing national legislation with such a term as harassment, defining its possible forms and establishing liability, as was done, for example, with regard to mobbing, is now an urgent one.
Agricultural policy in the field of innovation and digitalization of agricultural exports: legal framework
Authors: Korniyenko G.
Published: October 2024

The article highlights the issues of the state agriculturalpolicyonthedevelopmentofinformation and innovative agricultural relations in the field of digitalization of agricultural exports (hereinafter - agroexport). The peculiarities of the pilot project on verification of agro-industrial complex entities under martial law are clarified. It is emphasized that the verification of agro-exporters is aimed at developing agrarian information and innovation relations, widespread use of digitalization in the agricultural sector, strengthening the rule of law and overcoming bureaucratic obstacles in all areas of agricultural production, and minimizing the corruption element in agricultural export relations. To be included in the list of verified agricultural entities, an entity must have a special legal personality, the elements of which are: the status of an agricultural producer; experience in exporting agricultural products; registration in the State Agrarian Register; financial stability; and systematic economic activity. The author determines that the State Agrarian Register is an intangible asset in the form of a complex digital object which combines a computer program and a non-original database. It is accounted for and administered by the state. Intellectual property rights to this Register belong to the state. The registration of entities in the State Agrarian Register creates a potential opportunity for agribusinesses to timely submit applications for state support, as well as permits, conduct their own verification as an agro-export entity, etc. The digitalization of such data is the basis for the opening of electronic agricultural markets, including digital agricultural exports. Given the potential of digital trade, the author argues that it is expedient to support the further filling and functioning of the State Agrarian Register and verification of agro-exporters as prerequisites for the further development of digital agrarian legal relations. It is emphasized that the digitalization of agricultural production is an additional factor for expanding the markets for national agricultural products. Thus, due to the introduction of digitalization into the production process, a future consumer of agricultural products (regardless of their location in the world) can potentially track the entire process - from the selection of high- quality seeds to finished products.
Historical and Legal Aspects of the Use of Land Plots for Horticulture
Authors: Shulha M.V. , Leiba L.V.
Published: October 2024

The article focuses on the peculiarities of legislative support for the establishment and development of land plots for horticulture within a historical context. Given that the current legal regulation of land use in the field of horticulture significantly differs from that which existed before the start of land reform in Ukraine, the article analyses the normative-legal framework that has laid the groundwork for the initiation of this type of land use.
As a result of the analysis, the role of gardening and viticulture societies is characterized, which were users of land for collective gardening and viticulture even during Soviet times. Attention is drawn to the fact that the Land Code of the Ukrainian SSR of 1970 enshrined only the collective organizational and legal form of gardening (viticulture) and contained provisions according to which the lands occupied by collective gardens are in permanent use by gardening (viticulture) societies.Land plots were allocated to them from reserve lands, the state forest fund, and vacant lands within populated areas. Membership in the society was limited to citizens who did not own private plots or gardens. The activities of each society as a legal entity were regulated by the society’s charter, which was registered in accordance with established procedures. On the land plots designated for collective gardening (viticulture), members of the society were to establish orchards and vineyards on a collective basis and carry out the construction of summer­type garden buildings.
Special attention in the article is given to the analysis of social relations that are formed in the field of gardening, which have undergone significant changes due to the initiation of land reform, as well as the adoption of the Land Code of the Ukrainian SSR in 1990 and its new edition in 1992.
The article also analyzes the provisions of the current Land Code of Ukraine that regulate the mechanism for transferring land of general use into private ownership of legal entities of gardening societies. It examines, in a comparative aspect, the legal regime of land of general use and other categories of land in Ukraine.
The category of legal obligation in the judicial practice of the ECtHR
Authors: Popovych Alina
Published: October 2024

It is indicated that the category of duty, as opposed to the rights and freedoms of a person and citizen in the context of studying the content of the Convention and its interpretation in the practice of the ECtHR, has not yet become the subject of a comprehensive study. That is why we believe that the study of the understanding of the obligation in the content of the Convention and the corresponding practice of the ECtHR will be of urgent importance for legal science.
The activity of the European Court of Human Rights on the application and interpretation of the Convention on the Protection of Human Rights and Fundamental Freedoms is increasingly gaining importance, particularly in the aspect of interpreting certain legal phenomena. The reason for this trend is the fact that the norms of the Convention on the Protection of Human Rights and Fundamental Freedoms are formulated extremely comprehensively from a content point of view, so their meaning in all the variety of content manifestations is revealed precisely in the practice of the European Court of Human Rights. The interpretative activity of the ECtHR is also of great importance for ensuring the principle of legal certainty. It is the interpretation of legal norms that allows the subject of law to understand their essence, purpose and purpose, as well as to correctly use such norms in certain legal situations. In addition, the interpretative activity of the Strasbourg Court is a tool for increasing the effectiveness of the implementation of convention norms and the level of protection of the legal rights and freedoms of a person and a citizen.
And although the practice of the ECtHR does not provide us with definitions of legal obligation, it almost does not indicate its signs, however, responding to the dynamic development of social life, the ECtHR comes to more and more relevant interpretations of the studied concept. A clear example of this is the ECtHR’s chosen approach to the interpretation of the state’s obligations in the field of human rights, which provides for ever wider variations, without singling out exclusively negative or positive obligations. In addition, from the content of the Convention, we identified the concept of «ordinary civic duties» and gave them a description based on the judgments of the ECtHR. Finally, we emphasized the use in the practice of the ECtHR of the concept of «obligation of due diligence», which has not yet been properly developed in domestic science, but plays an important role in the doctrine of obligations.
Integration of legal databases in the context of EU accession aspirations
Authors: Syrota D.I. , Khrebtova A.A. , Ivanov A.I.
Published: October 2024

It is determined that the process of cooperation within the framework of the European Union has increased the need for identification and exchange of legal information coming from regional and national authorities at the European level. This need is partially met by digitally accessible legal information and the widespread use of the Internet. However, the exchange of legal information is largely limited by the differences that exist in different national legal systems, as well as the differences in their technical systems used to store and display the law on their respective websites. This hinders interaction between the information systems of national and European institutions, despite the increase in the availability of documents in electronic format. At the same time, the interconnection of national and international legal information from various sources and their presentation in the form of linked data of legal knowledge will undoubtedly improve the process of searching for legal information, expanding the possibilities of inquiries that are not currently possible. Moreover, in an increasingly digital society, where the number of cross-border civil and criminal proceedings is rapidly increasing, and given the complex diversity of different legal systems in the EU Member States, the simplification and facilitation of cross-border judicial cooperation is essential to ensure effective access of citizens and businesses to justice. At the same time, the system of identification and metadata should be well known to citizens and specialists in the field of law. In addition, to increase the chances of finding case law that is supported by an identifier and metadata, these court decisions should be searchable - by identifier and a minimal set of metadata - through a common interface. The exchange of digital evidence in the EU is also an important aspect. Currently, countries cooperate using private international law in cross-border criminal cases and exchange digital evidence based on these tools. The choice of tool depends on the countries involved and the type of information required.
Concepts and signs of a public legal dispute regarding the access of citizens of Ukraine to the diplomatic service
Authors: Protsk M.
Published: October 2024

The article determines the state of scientific research into the organisation of the institute and the specific features of the diplomatic service. The study establishes that a characteristic feature of a public law dispute regarding access of Ukrainian citizens to the diplomatic service is special participants in public-power relations, since at least one of the parties to the dispute must be a subject of authority, i.e. an institution/official who makes public decisions or takes appropriate actions aimed at exercising competences in the field of diplomatic service. Such entities are the President of Ukraine, the Ministry of Foreign Affairs of Ukraine, foreign diplomatic missions, their officials, etc. A party to a public legal dispute whose rights or interests are violated is an individual who is not a public servant in the case of admission to the diplomatic service, as well as a public servant himself. A public law dispute over access to the diplomatic service is based on the public interest in ensuring that the diplomatic service, the Ministry of Foreign Affairs of Ukraine, and foreign diplomatic missions (consulates general, consulates, embassies) are properly staffed with qualified and professional personnel to represent Ukraine’s interests abroad and to provide consular protection to Ukrainian citizens and legal entities registered in Ukraine abroad. Also, after processing the data from the
Unified State Register of Court Decisions, it was established that there are widespread disputes in areas related to: 1) the issue of assigning diplomatic ranks; 2) the issue of contesting the procedure for conducting rotations of diplomatic employees, recognizing them as illegal, adjusting rotation plans, etc.; 3) the issue of procedural violation of registration of long-term business trips of officials of the diplomatic service; 4) issues of social protection, social guarantees of officials of the diplomatic service; 5) the issue of bringing diplomatic officials to disciplinary responsibility; 6) recognition of dismissal from positions, reinstatement in positions of the diplomatic service, as well as collection of average earnings during forced absenteeism as illegal.
The concept of an individual act as the subject of a public legal dispute
Authors: Roi O.V.
Published: October 2024

The article is devoted to the study of the issue of the definition of an individual act as the subject of a public-law dispute, which is extremely relevant at the current stage of reforming state institutions and harmonizing the legislation of Ukraine in the process of negotiations on joining the European Union.
The article indicates that public-law disputes regarding the appeal of individual acts cover all spheres of the public life of citizens and are a direct consequence of the implementation of public­authority management functions by subjects of authority.
The state of administration of justice by administrative courts in 2020-2023 was studied, and a conclusion was made about the increase in the number of public legal disputes considered by administrative courts.
Attention is drawn to the fact that domestic legislation is inconsistent in the field of terminology. In particular, the Law of Ukraine «On Administrative Procedure» uses the concept of «administrative act,» the Code of Administrative Procedure of Ukraine uses the concept of «individual act,» and the Law of Ukraine «On Law-Making Activity» uses «acts application of law,» «other individual legal acts,» and «other legal acts that do not contain legal norms.» In connection with this, subjects of authority often approach issues of terminological apparatus in different ways when processing hundreds of legal acts.
In addition, the scientific community does not have a unified approach to this issue, operating with the concepts of «legal acts of state administration», «administrative legal acts», «individual administrative acts», «individual administrative legal acts» and «legal acts of individual action». Taking into account the researched material, it is indicated that most often an individual act is equated with the concept of an administrative act, which is narrower.
Therefore, in the context of a public legal dispute, which includes both administrative and judicial appeals, it is appropriate to use the term individual act. It has been concluded that a unified understanding of the definition of an individual act by the scientific community and the legislator is extremely important, as it forms a unified approach to their application. Therefore, the definition of an individual act is proposed.
Efficiency of Writ Proceedings
Authors: Terekhova L.A.
Published: October 2024

Writ proceedings are one of the ways to optimize justice, part of the broader concept of simplified procedures. The question of the effectiveness of writ proceedings is still debatable, since a number of practical problems arise in the very procedure for issuing and issuing a court order. Purpose. To analyze the procedures for writ proceedings and the features of a court order as a judicial act from the standpoint of their effectiveness in protecting violated rights. Methodology. The work uses such methods as: analysis, synthesis, formal-logical, comparative, formal-legal. Results. The article substantiates that the conduct of writ proceedings by the court means the administration of justice, since the court evaluates the evidence and resolves the case on the merits. The specificity in the collection and evaluation of evidence, in the implementation of a number of principles of legal proceedings is characteristic not only for writ proceedings, but also for absentee and simplified proceedings. This means that these moments in themselves cannot be indicators of attribution to legal proceedings. The effectiveness of a court order as a judicial act and an executive document is determined by the fact that it 1) resolves the case on the merits; 2) does not require motivation, but requires references to the laws used; 3) is an executive document; 4) is not appealed in the appeal procedure, enters into force by the very fact of extradition; 5) may appeal in cassation. The insurance elements of writ proceedings (procedural guarantees) are: the possibility of filing objections by the debtor; self-control of the court that issued the writ; the possibility of restoring the deadline for filing objections; possibility of cassation appeal against the court order. Order production is moving from paper to electronic, which also increases its efficiency. Conclusion. Despite the existing problems both with the implementation of writ proceedings and with the execution of a court order, in general, the institution of writ proceedings must be recognized as effective. The main role in this conclusion is played by the presence of insurance elements in the rules of writ proceedings, as well as the readiness of its procedures to switch to an electronic format of the case.