bluuebunny/crossref_metadata_2025 huggingface dataset:
Philippine-Middle East Relations
Authors: Sevilla Henelito
Published: December 2024

The countries in the Persian Gulf highly intertwined with the global economy. Given its strategic location and abundance of resources, the Persian Gulf countries (GCC) is expected to play a critical role in the future economic direction and stability of the Middle East and Asian region. Liberal reforms instituted by GCC such as the Kingdom of Saudi Arabia and the United Arab Emirates (UAE) and other non-traditional partners wield significant influence. This development calls for a re-evaluation of policies by regional actors and domineering global powers with a stake in the region such as the United States (US). These GCC reforms open a new round of opportunities for countries in the Global South, particularly ASEAN member like Philippines. This paper seeks to evaluate the ongoing economic and geopolitical transformation in the Persian Gulf amid growing Chinese presence and GCC regimes’ economic reforms. Furthermore, this paper poses question, how the Philippines can use an independent foreign policy and take advantage of the changing political-economy landscape in the Middle East. This further suggest that the time is ripe for the Philippines to rethink its strategic policy toward the GCC and the Middle East to maximize gains outside of the US alliance system.
АНАЛИЗ ДЕТСКИХ И МОЛОДЕЖНЫХ ТУРИСТИЧЕСКИХ ПРОГРАММ И ПРОЕКТОВ В РФ И ТУЛЬСКОЙ ОБЛАСТИ
Authors: Танкиева Тамара , Пономарева Марина , Иванова Александра
Published: December 2024

Статья посвящена исследованию детских и молодежных туристических программ в России и Тульской области. Проведен анализ федеральных проектов, реализуемых на территории РФ и тульского края. В работе использованы данные, представленные на порталах федеральных детских и молодежных программ и проектов, а также данные из других отрытых источников информации. Особое внимание уделено промышленному, научно-популярному и креативному туризму, направленным на решение задач развития человеческого капитала в стране. Данные виды туризма в первую очередь должны способствовать стимулированию технологического и экономического развития Российской Федерации, а также укреплять территориальную целостность государства. Проанализирован потенциал Тульской области, который может быть использован для развития детского и молодежного туризма. Показано, что регион обладает достаточными ресурсами для развития туризма с профориентационной, образовательной, культурно-познавательной и спортивно-оздоровительной составляющей. Важным фактором развития этих форм детского и молодежного туризма является наличие инфраструктуры размещения.
The problems of customs clearance of goods intended to overcome the critical situation in the energy industry of Ukraine with exemption from the customs payments
Authors: Mashyka Y.V.
Published: December 2024

The article analyzes the problems of customs clearance of goods intended to overcome the critical situation in the energy sector of Ukraine with exemption from customs payments. The concept of benefit, tax benefit and the role of preferential taxation of goods that are released into free circulation on the territory of Ukraine with exemption from customs payments are studied. The quality of the rule-making activity of state authorities in the system of customs and legal relations in the conditions of the legal regime of martial law is critically assessed. The reasons that lead to the emergence of inaccuracies, legal gaps and conflicts in the norms of customs legislation are given. Three points were analyzed that determined the main problems of customs clearance of goods intended to overcome the critical situation in the energy industry of Ukraine with exemption from customs payments. In the course of the analysis of the indicated points, it was emphasized the need for a targeted approach when forming a preferential tax regime for a specific group of goods and the inadmissibility of introducing benefits by regulatory and legal acts intended for other purposes. On the basis of the conducted study of the regulations of the Cabinet of Ministers of Ukraine, it was established the need to take into account non-tariff regulatory measures for goods for which benefits are provided in the form of exemption from customs payments when developing relevant regulatory legal acts, since in the course of customs clearance of the specified goods, non-tariff measures do not fully allow exercise the right to preferential taxation. In the course of the study, it was proposed to involve employees of specialized divisions of customs authorities responsible for the control of the classification of goods in the development of normative legal acts, which introduce a preferential taxation regime for goods linked to the product code in accordance with the Ukrainian classification of goods. As an alternative, it is suggested that when forming the lists of goods to which the tax benefit should apply, not to use the product code according to the Ukrainian classification of goods, but instead to use only the commercial name of the product contained in the manufacturer’s technical information (instructions, technical passports, data from the manufacturer’s official website, manufacturer’s marking directly on the product).
The impact of external borrowings on the Ukrainian economy
Authors: Yakymchuk O.Ya. , Melnyk O.P.
Published: December 2024

In current environment, external borrowings have a significant impact on the domestic economy. On the one hand, they are an important tool for the development and stabilisation of Ukraine’s economy, as, if used rationally, they will help maintain budgetary stability and implement the necessary reforms. On the other hand, such borrowings may pose certain risks in the form of an increased debt burden, dependence on creditors, and even a threat to financial independence. For Ukraine, this issue is of particular relevance. Sources of external borrowing include various entities, including: The International Monetary Fund (IMF), the European Bank for Reconstruction and Development (EBRD), the World Bank, individual states, etc.
The overarching processes of globalisation are leading to an increase in the economic and political interdependence of states. The presence of external debts affects not only the economic component but also the social sphere. In recent years, Ukraine has been experiencing an upward trend in its external debt. External debt affects debt security, and thus economic and national security in general.
The main reasons for the emergence and growth of Ukraine’s public debt include the state budget and balance of payments deficit. Yes, borrowing is tangible and helps to balance the state budget, but it should be noted that this is a temporary measure. In the future, constant borrowing will only increase the debt burden. This leads to negative consequences for the population, in particular in terms of increased taxation.
It should be noted that external debt requires repayment, which means regular payments from the budget. The need for such payments causes a shortage of funds for the country’s development and a reduction in funding for relevant government programmes. This suggests that a rational plan for repayment should be developed to minimise the impact of negative consequences on the financing of state development. In addition, the use of borrowed funds should be strictly controlled and used exclusively for the necessary needs. Debt repayment will help create conditions for economic growth, restore confidence in the financial system, attract foreign investment, etc.
Impact of criminal law measures on combating the spread of infectious diseases
Authors: Gutorova N.O.
Published: December 2024

It was established that criminal law measures to influence the spread of contagious diseases are ineffective. The provisions provided for in the Criminal Code of Ukraine, namely Articles 130, «Infection with the human immunodeficiency virus or another incurable infectious disease,» and 133, «Infection with a venereal disease,» are outdated due to the development of medical science. Such criminal law regulation hinders the effective treatment and prevention of HIV and other infectious diseases. In addition, in many cases, such criminal law measures lead to the violation of human rights.
Attention is drawn to the fact that Ukraine’s normative legal acts in the field of health care and the World Health Organization documents do not lack the concepts of «incurable disease» and «venereal disease.» Considering this, applying criminal law norms in which such terminology is used is impossible without violating the principle of legality.
Based on the study of scientific research in the field of prevention and treatment of infectious diseases, as well as documents of international organizations operating in this area, it was concluded that the said criminal law measures are not only unable to have a positive effect on combating the spread of infectious diseases but also lead to an increase in morbidity. The reason for this is the reluctance of representatives of social groups with a high risk of HIV infection to undergo testing and timely antiretroviral therapy. In addition, people with health problems that are outwardly similar to sexually transmitted diseases, in many cases, avoid contacting health workers and self-medicating, including the uncontrolled use of antimicrobial drugs.
The consequence of such behavior is the spread of these infectious diseases and the risk of developing resistance to antimicrobial drugs, which poses a significant threat to epidemic safety.
Decriminalization of exposure to the risk of HIV infection and infection with a venereal disease, as well as the elimination of inconsistencies between criminal law and legislation in the field of health care, will contribute to the protection of human rights and will have a positive impact on epidemic safety.
Some questions regarding countering domestic violence among the population of Ukraine under the legal regime of martial law
Authors: Lishchynska Y.V. , Dobryanska I.I. , Kryzhanovskyi A.S.
Published: December 2024

In the context of the military conflict between Ukraine and the Russian Federation, there has been an increase in cases of domestic violence, driven by a range of social and psychological factors. The war significantly impacts societal stability, raising stress levels, emotional, and psychological tension among the population, which, in turn, contributes to the escalation of violence within families. Given these circumstances, the issue of combating domestic violence has become particularly urgent. Under current Ukrainian legislation, domestic violence is subject to both administrative and criminal liability; however, there is a need for updates and improvements to the legislative framework, as well as the development of new mechanisms for prevention and legal intervention to more effectively address this issue.
The research results indicate that the dynamics of domestic violence in the context of war demonstrate its spread and changes in the forms and targets of violence, which affect women, men, children, as well as familial and close relationships. These changes require attention from both the state and society, as domestic violence poses a serious threat to the social health of the nation. The conclusions of the study confirm that domestic violence is an act of unlawful behavior, with a tendency to increase in Ukraine, and its nature is determined by both individual factors (psychological, physical, economic) and general sociolect-economic conditions.
The practical significance of the study lies in the fact that the war has introduced new factors that contribute to domestic violence. This calls for the improvement of existing counteraction mechanisms, the strengthening of preventive measures, and the development of effective strategies for protecting victims. The results of the study confirm the need to activate cooperation between state authorities, human rights organizations, and civil society groups in the fight against domestic violence, as well as to ensure adequate legal protection for victims during this difficult period.
Peculiarities of criminal liability provided for collaborative activities
Authors: Patskan I.I.
Published: December 2024

The article examines the peculiarities of criminal liability for collaboration activities in Ukraine as one of the key challenges to national security amidst the ongoing armed aggression of the Russian Federation. It analyzes the grounds for introducing relevant legislative norms, particularly Article 111-1 of the Criminal Code of Ukraine (CCU), and their significance in combating collaborationism. The study outlines issues associated with the application of these norms, especially in distinguishing criminal acts from behaviors aimed at survival by citizens in temporarily occupied territories (TOT).
The article provides a historical overview of the term “collaborationism” and its contemporary meaning. It emphasizes that collaboration activities encompass various forms, such as public denial of aggression, cooperation with occupation authorities, organizing unlawful elections or referenda, and participating in propaganda activities. However, the lack of a clear definition of this term in the CCU complicates its practical application.
Statistical data underscore the relevance of the issue: since the introduction of Article 111-1, over 8,000 cases have been registered. Nevertheless, the high conviction rate and absence of acquittals raise concerns about adherence to principles of justice and human rights. The study also discusses observations by the Office of the United Nations High Commissioner for Human Rights, highlighting the insufficient clarity of the article’s provisions, which may lead to arbitrary enforcement.
The authors propose improving criminal legislation through the following measures:

Introducing a clear definition of collaborationism into the CCU.
Clarifying the provisions of Article 111-1 in line with international standards.
Ensuring legal differentiation between criminal offenses and actions related to survival.

Harmonizing Ukrainian legislation with international humanitarian law.

These changes are expected to enhance the effectiveness of combating collaborationism while maintaining a balance between punishing offenders and protecting the rights of citizens in TOT.
Ensuring human rights in the process of reforming Ukraine's law enforcement system: compliance with international standards and European experience
Authors: Panchenko H.
Published: December 2024

This article analyzes the reform process of Ukraine’s law enforcement system in the context of ensuring human rights and aligning it with European standards. The reform of the law enforcement agencies, including the National Police, the Security Service of Ukraine, the prosecutor’s offices, and other specially created law enforcement bodies, is one of the key challenges on Ukraine’s path to democratic transformation and European integration. The focus is on the necessity of adhering to the principles of legality, proportionality, transparency, and accountability in the activities of law enforcement agencies, which are crucial for protecting the rights and freedoms of citizens and restoring public trust in the justice system.
The article emphasizes that reforming these structures requires not only technical changes but also a profound shift in the culture of human rights observance. The article also discusses the right to a fair trial and the need to strengthen judicial independence and professionalism, which are essential for impartial case consideration and adherence to the right to a fair trial. The reform must integrate measures to enhance the independence of judges and ensure their appropriate professional level and moral resilience. Furthermore, the article analyzes international legal instruments, such as the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, as fundamental bases for reforming law enforcement agencies in many countries. The study also highlights the importance of the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, which outline the international standards for the use of force and firearms.
The article concludes that the successful reform of Ukraine’s law enforcement system requires a comprehensive approach that incorporates institutional and cultural changes. The experience of European countries, such as Poland and Lithuania, demonstrates the necessity of extensive retraining of law enforcement personnel with a focus on human rights and the development of civic culture.
Denunciation of the agreement on the guarantee of the rights of citizens of CIS member states in the field of pension provision and the role of the principles of justice, equality, legal certainty, legitimate expectations in the mechanism of ensuring control over the use of power by the state and protecting people from arbitrary actions of the state
Authors: Deshko L.M.
Published: December 2024

The scientific article describes the role of the principle of the rule of law in the mechanism of ensuring control over the use of power by the state and protecting people from arbitrary actions of the state in the field of pension provision.
It was established that, denouncing the Agreement on Guarantees of the Rights of Citizens of the Commonwealth of Independent States in the field of pension provision, the state correctly assessed that citizens of Ukraine who worked in the CIS member states between March 13, 1992 and December 23, 2023, did not the principle of legitimate expectations will be implemented - the inclusion of insurance experience acquired abroad when determining the right to an old-age pension. Such citizens of Ukraine will not be able to achieve the predicted result due to the change of the legal basis in such terms, which are not reasonable and justified.
Ukraine tried to ensure the principle of legitimate expectations by making changes and additions to the legislation of Ukraine regarding the periods of work outside Ukraine, which are included in the insurance length of service. At the same time, a number of proposals aimed at compliance with the principles of justice, legal certainty, and legitimate expectations were not accepted. Currently, the norms of the Law of Ukraine «On Mandatory State Pension Insurance» and the frequent practice of their application by the territorial bodies of the Pension Fund of Ukraine have signs of incompatibility with the principle of the rule of law and the norms of the Convention on the Protection of Human Rights and Fundamental Freedoms.
The legal positions of the European Court of Human Rights and the Constitutional Court of Ukraine are analyzed.
Attention is focused on the practice of application by the territorial bodies of the Pension Fund of Ukraine of the norms of p. 1 Art. 24-1 and p. 1 Art. 26-1 of the Law of Ukraine «On mandatory state pension insurance». Offered in Art. 26-1 of the Law of Ukraine «On Mandatory State Pension Insurance» to establish legal norms, according to which, in the absence of the necessary insurance experience provided for in parts one - three of Article 26 of this Law, the periods of work of a person are included for determining the right to the appointment of an old-age pension since March 13, 1992 until December 24, 2023 in Armenia, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, Uzbekistan (if available) in calendar calculation.
The right to transfer for scientific research embryos obtained by in vitro fertilization: standards of the Council of Europe in the field of reproductive rights
Authors: Kudryavtseva O.M.
Published: December 2024

The article highlights the standards of the Council of Europe regarding the right to transfer embryos obtained through in vitro fertilization for scientific research. Attention is focused on the fact that, in accordance with the resolutions of the Parliamentary Assembly of the Council of Europe, states are required to treat the human embryo or fetus with respect. This respect is commensurate with human dignity.
The following standards of the Council of Europe regarding the right to transfer embryos obtained through in vitro fertilization for scientific research are highlighted: 1) the principle of respect for the human embryo and/or fetus must be enshrined in the legislation of a member state of the Council of Europe; 2) the use of materials and tissues of a human embryo and fetus must be strictly limited and regulated by state legislation; 3) the legitimate purpose that allows the use of a human embryo or fetus should be only to achieve a therapeutic, diagnostic, prophylactic effect if no other means/means exist; 4) in the industrial context, the use of human embryos and fetuses must be limited by state legislation; 5) state legislation must determine the conditions under which the extraction and use for the purpose of diagnosis or therapy of human embryos and fetuses is allowed; 6) any creation of human embryos by artificial insemination for the purpose of conducting research during their life or after death is prohibited; 7) research on viable human embryos, experiments on live human embryos, regardless of whether they are viable; 8) the grounds of objective biological criteria for the non­viability of human embryos and fetuses must be determined in each state.
The transfer and use of human embryological material is possible under the following conditions: 1) free written consent of the donor parents; 2) lack of a commercial aspect.
Prohibitions regarding the transfer and use of human embryological material are as follows: 1) prohibition of the purchase and sale of embryos or fetuses, their parts by donor parents or other persons; 2) prohibition of import or export of human embryological material; 3) prohibition of the transfer and use of human embryological material for the production of dangerous and destructive biological weapons; 4) prohibition of the collection to destroy human embryos to obtain stem cells if it is possible to obtain them from tissues and fluids of people of any age.
Conflict between the territorial center for recruitment and social support and the civilian population
Authors: Tymofieiev V.P. , Natociy A.D.
Published: December 2024

In today’s world, conflicts between territorial recruitment centers and civilians are becoming increasingly relevant and significant. This topic covers a wide range of issues related to the interaction of military structures and civil society, as well as the problems of social support and integration of military personnel into civilian life.
The article examines the peculiarities and essence of the conflict between the civilian population and the Territorial Center for Recruitment and Social Support (hereinafter - TCR and SP). This topic examines the issue of illegal detention or abduction of a person by the employees of the TCR and SP under martial law, and the issue of violation of the constitutional rights of citizens. The main causes of conflicts between the civilian population and the TCR and SP include insufficient awareness of procedures and rights, ineffective communication between military structures and citizens, as well as problems in the organization and provision of social support. Conflicts can arise due to inequitable distribution of resources, bureaucratic obstacles and lack of transparency in the activities of the TCC and SP. Misunderstandings arise for a variety of reasons, including insufficient communication between military and civilian organizations, violations of current Ukrainian legislation, shortcomings in social policy, and the lack of adequate support and rehabilitation mechanisms. The study examines the main causes and consequences of such conflicts, as well as possible ways to resolve them. Particular attention is paid to the role of the state and civil society organizations in providing social support to the Armed Forces of Ukraine.
The essence of such conflicts lies in the confrontation between the interests of the civilian population and military structures, which can lead to a decrease in trust in state institutions, increased social tension and a deterioration in the quality of life of citizens. Conflicts can also affect the morale of not only military personnel but also the entire society, which requires special attention and support during martial law.
Application of the Constitution of Ukraine by courts in the administration of justice through conform interpretation of laws
Authors: Sheremeta S.A.
Published: December 2024

The article clarifies the nature of the conformal interpretation of legislation in the meaning agreed with the constitution; establishes the origins of conformal interpretation in a comparative perspective; compares the features of the implementation of conformal interpretation, which can be carried out both by the Constitutional Court of Ukraine and by courts of general jurisdiction. It is concluded that the interpretation conformal (agreed) with the Constitution is one of the forms of application of the Constitution by courts in the administration of justice. Conformal interpretation is genetically related to the embodiment in the doctrine of German law and is reflected in the idea that a law cannot be recognized as unconstitutional if there is a variant of its reading (interpretation, interpretation) agreed with the constitution. Conformal interpretation in the context of the experience of Germany is also closely related to the idea of the horizontal effect of human rights, as well as the so-called «Drittwirkung». Such an interpretation can sometimes be debatable from the point of view of judicial activism, if the interpretation option chosen is not consensual and competes with the legitimacy of the legislative branch. Unfortunately, it can also cause conflicts between different courts (for example, between the constitutional and supreme courts). After all, often it is the constitutional courts that carry out conformist interpretation. At the same time, conformist interpretation is one of the important ways to avoid gaps. In the Ukrainian version, conformist interpretation can be associated with both the practice of the Constitutional Court of Ukraine and courts of general jurisdiction. As for the Constitutional Court, the basis is Part 3 of Art. 89 of the Law “On the Constitutional Court of Ukraine” (“If the Court, considering a case on a constitutional complaint, recognized the law of Ukraine (its provisions) as being in accordance with the Constitution of Ukraine, but at the same time found that the court applied the law of Ukraine (its provisions), interpreting it in a manner that does not comply with the Constitution of Ukraine, then the Constitutional Court shall indicate this in the operative part of the decision”). However, this article has never been directly applied. It seems quite logical that conform interpretation should be carried out not only by the Constitutional Court of Ukraine, but primarily by courts of general jurisdiction. Courts of general jurisdiction have broad opportunities to apply the norms of the Constitution when deciding cases and interpreting current legislation.
Peculiarities of the institute of professional liability insurance of medical workers in some EU countries: in search of an optimal legal model for Ukraine
Authors: Zabuga Y.Y.
Published: December 2024

Public health, as one of the constituent elements of national security, is primarily determined by the protection of the population from the spread of epidemics on the territory of a certain state. It seems that its state can also be evidenced by the extent to which the population is protected from illegal and unscrupulous actions or inaction of medical workers. The latter, while performing their professional duties to provide medical care, may provide substandard medical services or even harm a patient’s health or take his or her life, which may entail their civil and/or criminal liability. Even if a medical worker is held criminally liable, he or the medical institution of which he is an employee is still obliged to compensate material damage to the patient for the harm to his health. Analysis of judicial practice both in civil and criminal cases shows that today it is unlikely to obtain such compensation from a medical worker even in court. In order to change this situation, it is necessary to legislate the institute of professional liability of medical workers. In June 2024 in the first reading the Verkhovna Rada of Ukraine adopted as a basis the Draft Law of Ukraine on self-government in the field of health care dated 25.12.2023 (reg. No. 10372), which provides for the establishment of the institute of civil liability insurance for representatives of medical and pharmaceutical professions. That is why today the search for the optimal legal model of such an institute is of great importance. In this case, the legislation of individual EU countries (the Republic of Lithuania, the Republic of Latvia and the Federal Republic of Germany) regulating the institute of professional liability insurance for medical professionals can be taken as a basis. Therefore, in this article on the basis of comparison of individual provisions of these laws will be realized the identification of all the disadvantages and advantages of this institute.
Digitization and information technologies in the professional activity of a lawyer in modern conditions
Authors: Komarnytska I.I.
Published: December 2024

The article is devoted to the analysis of the application of new technical tools and complex approaches to the digitization of advocacy activities to meet the needs of clients in legal assistance, which allows to ensure a higher quality level of legal business. Digitization of the legal profession, remoteness in communication with colleagues and clients has caused a demand for improving the skills of lawyers in working with various information platforms among lawyers and representatives of the legal business. A lawyer is considered as a person who uses, consumes and further analyzes legal information for the protection of legal rights and interests of clients, not as an end consumer. Problems in the digital provision of legal aid in modern Ukraine under martial law conditions have been identified, such as: the impossibility of offline meetings with clients; generation of electronic evidence for the recording of crimes or offenses and confirmation of damage caused to legal entities or individuals, paper document circulation. Digitization of advocacy as the main way to overcome the problems of defense activity. The development of information technologies in recent times and modern realities have caused a rather rapid introduction of information technologies and services in the field of advocacy and other legal areas. Therefore, the process of digitization of the legal profession is perceived as a positive phenomenon, because it can ensure the level of effective protection of the rights and legitimate interests of legal entities and individuals living or staying on the territory of Ukraine under martial law.
It has been established that the application of scientific and technical achievements requires the presence of certain knowledge, abilities and skills. It is substantiated that the lack of technical support can create an obstacle in the lawyer’s proper execution of client assignments. The need to provide lawyers with their own online security and cyber security of their clients, assistants and interns is emphasized in order to prevent situations of disclosing attorney secrets, harming other lawyers, such as the authority or reputation or the institution of advocacy in general. It is noted that one of the aspects of the problems of advocacy is the dilemma of using or not using licensed software.
Specific features of evidence and proving within forced eviction cases
Authors: Stetsenko A.A.
Published: December 2024

The article is focused on the problem of determining the specific features of evidence and proving within forced eviction cases.
The author of the article has specified that the right to housing is aimed at ensuring the right to a sufficient level of human habitation. At the same time, it has a direct relationship with fundamental human rights, such as the right to life, inviolability of private life, health care, etc. As a result, deprivation of housing endangers a person’s life, his or her normal social development, as well as the opportunity to have a family and get a job. It intensifies social inequality, generates social conflicts, forms the basis for the marginalization of society and creates conditions for the possible actual restriction of the rights of children, women and other genders. The exclusively judicial procedure of eviction is the guarantee for the realization of the right to housing, which is established by Part 3 of the Art. 47 of the Constitution of Ukraine.
The following conclusions were made on the basis of the results of the conducted research. Thus, the author believes that the main specific features of evidence and proving within eviction cases should include the following: eviction cases are exclusively heard within civil proceedings, since an individual is at least one of the parties; we should agree with the point of view expressed by V.I. Bobryk that the general subject matter of proving in eviction cases includes circumstances testifying the illegal residence or loss of the defendant’s right to reside in a specific dwelling, as well as the violation of the plaintiff’s rights and / or interests by the defendant; and we should note that specific features of evidence and proving of eviction are determined by the specifics of a certain civil case; the following means of evidence are typical for civil eviction cases: written evidence, electronic evidence and witness statements.
The evolution of the idea of state independence and sobrality in the Ukrainian political and legal thought of the interwar period in Galicia and its influence on the unity of the Ukrainian liberation movement
Authors: Melnyk A.I.
Published: December 2024

The political situation that developed in connection with the change in the status of Western Ukraine after March 18, 1921, when an agreement was concluded in Riga between Soviet Russia and Ukraine, on the one hand, and Poland, on the other, that is, after the Ukrainians of Galicia lost their statehood and independence, is considered. At this stage, a regrouping of national-state forces in Ukrainian politics took place, which initiated a new stage in the development of Ukrainian political and legal thought in the region.
It is shown that the idea of statehood and unity, which developed on the basis of the formed concept of a national state, taking into account both civilizational and national and international factors, was reflected in the program documents of Ukrainian parties that stood on state positions, as well as in the journalism of political leaders. All of them defended the Ukrainian national idea, but each of the political forces had its own vision of the solution of the national perspective, which affected the development of the party structure of Galician society. What was common to the legal Ukrainian parties (UNDO, USRP, USDP, FNE) was that they did not recognize the legitimacy of Polish rule in Western Ukrainian lands and used legal forms of struggle for the restoration of national statehood. The difference was that they had different state-building concepts, ways and methods of their implementation, foreign policy orientations, attitudes towards Poland, Soviet Ukraine, foreign representation headed by E. Petrushevych, etc. Illegal political organizations (UVO-OUN) on the path to the restoration of statehood recognized only revolutionary methods of struggle and occupied diametrically opposed positions in the Ukrainian liberation movement.
It was found that depending on internal and external circumstances, the Ukrainian parties of Galicia changed their tactics, which influenced the evolution of Ukrainian political and legal thought of a particular ideological trend. This is evidenced by party decrees, resolutions and journalistic materials published on the pages of contemporary printed media.
Pre-trial procedure for settlement of economic disputes
Authors: Gut S.F.
Published: December 2024

The article is devoted to the institution of pre­trial dispute settlement as a type of reconciliation of the parties to the dispute. The question of assigning such an order to the stages of the judicial process is being investigated. It is proven that the pre-trial (claim) dispute settlement procedure should be recognized as an optional stage of the economic court process, because it affects the formation of the evidence base and the choice of the form of proceedings. It was concluded that, by its nature, this institute in Ukraine should be called «out-of-court (claim) procedure for dispute settlement», since the main direction of its application is an attempt to resolve a conflict without going to court, however, documents, correspondence between counterparties arising in the process of dispute settlement may later become evidence in the case. It was concluded that it is inexpedient to establish (expand) the list of disputes for which the application of such a procedure is mandatory. Such expansion will lead to an unjustified restriction of the right of access to the court and will provide opportunities for business entities to abuse their rights. At the same time, the application of such procedure by the parties to the dispute leads to the formation of an evidentiary base, which later in the process is submitted to the court and evaluated by it along with other evidence in the case. Only compliance with all the requirements established by Article 222 of the Economic Code of Ukraine gives the court the opportunity to recognize correspondence between the parties as a pre-trial dispute settlement procedure and to apply negative consequences to the party that violates the procedure established by law. It is proposed to enshrine in the procedural law the duty of the court to explain in detail to the parties to the dispute the consequences of concluding a settlement agreement during the review of disputes in cases where they tried to settle the dispute by applying the pre-trial (claims) dispute settlement procedure before applying to the court. At the same time, the term given by the legislator to respond to the claim is proposed to be significantly reduced, as economic relations are dynamic and require prompt resolution.
Socio-economic foundations for the development of Ukrainian road infrastructure with regard to the country’s transit capabilities
Authors: Marisio O.V.
Published: December 2024

The article analyses the main principles and problems of socio-economic development and legal regulation of the automotive infrastructure of Ukraine. The main directions determined by the state to ensure the development of road infrastructure and increase transit opportunities are presented. Some achievements in improving the transport infrastructure in the pre-war period are considered. The author analyses the legal and regulatory framework for the development of road infrastructure. The author examines the legislation and the National Transport Strategy on the development of road infrastructure, expansion of transit opportunities, improvement of the quality of logistics and transport services, satisfaction of social needs of the population, and improvement of the investment climate not only in the transport sector, but also in the agricultural, industrial and other areas of the business environment. It is also noted that the war has had a significant impact on the development of Ukraine’s road infrastructure and transit capabilities, and therefore it is of particular importance to quickly and effectively address the challenges, problems and tasks facing the state to ensure European integration, develop the logistics services market, fill budgets at all levels, and meet the social needs of the population.
The author concludes that the National Transport Strategy of Ukraine for the period up to 2030 needs to be further improved in the direction of establishing specific procedures, grounds, procedure and timing for reforming the electric vehicle infrastructure, given the growing number of eco-vehicle owners every year, despite the martial law.
Therefore, based on the analysis of legal acts, as well as current legislation, government programmes, and statistical data from official government bodies, the author draws conclusions about the urgent need to prepare a separate document at the state level on the development of the electric vehicle sector. To ensure the effectiveness of such a document, it is proposed to take as a basis the experience gained locally, since there are programmes for the development of the electric vehicle industry in every regional centre and major city of Ukraine, with special attention being paid to the programme of the capital, which takes into account international experience and changes every year in accordance with the needs of eco-mobility owners.
Public-private partnership in the field of cybersecurity
Authors: Sieriebriak S.V.
Published: December 2024

The article provides a comprehensive analysis of the legal framework for public-private partnership relations in Ukraine. The author considers the main conceptual approaches to understanding the concept of “public-private partnership”, which allows clarifying its legal nature as a form of cooperation between public authorities and private entities to solve socially important tasks. Particular attention is paid to the historical and legal grounds for the emergence of public-private partnership, which is the result of a long process of evolution of relations between the State and private entities in the context of jointly addressing key socio-economic issues.
The author identifies a number of problematic aspects which complicate the effective implementation of public-private partnership mechanisms in economic relations in Ukraine. In particular, these include imperfections in the legal framework, insufficient transparency of the procedures for concluding public-private partnership agreements, limited financial resources and low level of trust between public authorities and private partners. The article proposes ways to improve domestic legislation, in particular, to clarify the procedural support for the implementation of public-private partnership projects, increase transparency, and introduce clear mechanisms for monitoring the fulfillment of the terms of such agreements. The author analyzes in detail the peculiarities of legal regulation of public-private partnership in the field of cybersecurity in Ukraine. It is shown that domestic practice is still at the stage of formation, which requires the introduction of a systematic approach to the development and implementation of relevant projects. The relevance of this area in the context of ensuring Ukraine’s cybersecurity and integration into the European and international cyber defense system is determined.
Specific recommendations for improving current legislation are proposed, in particular, to strengthen legal guarantees for partnership participants, develop mechanisms to encourage the private sector to participate in public-private partnership projects in the field of cybersecurity, and implement best practices in cyber risk management.
Thus, the article not only summarizes the current state of development of public-private partnerships in Ukraine, but also identifies priorities for its improvement, especially in the field of cybersecurity, which is a key component of national security in the face of current challenges.
Current changes in labor legislation of Ukraine under the legal regime of martial law
Authors: Mishchuk I.V. , Kyrychuk B.S.
Published: December 2024

The article presents the results of scientific research on a comprehensive analysis of the mechanism of ensuring the right to work under the legal regime of martial law. The author investigates some of the most important aspects of labor relations with due regard for the current conditions of law and state building in Ukraine and changes in labor legislation which took place as of 25.10.2024.
The article establishes that on 15.03.2022, the Verkhovna Rada of Ukraine adopted the Law of Ukraine ‘On the Organisation of Labor Relations under Martial Law’, which set out the key points in changing the peculiarities of concluding and terminating an employment contract under martial law, the peculiarities of transferring and changing essential working conditions under martial law. A study was conducted on the peculiarities of establishing and recording working hours and rest periods, peculiarities of document exchange, organization of personnel records and archival storage of personnel documents at the employer, as well as on a number of other equally important issues. It is noted that the aforementioned Law of Ukraine defines not only the peculiarities of organization of labor relations of employees of all enterprises, institutions, organizations in Ukraine, regardless of the form of ownership, type of activity and industry, but also the peculiarities of civil service and service in local self-government bodies.
In the course of their research, the authors of the article draw attention to the procedural issues, which are likely to arise in the practical activities of employees and their employers. In particular, it is noted that the conclusion of an employment agreement in writing, as well as the introduction of a mechanism for notifying changes in essential working conditions immediately before their application, may lead to abuse by the employer and, naturally, increase the number of labor disputes.
The authors of the article also consider such issues of labor policy during martial law as the current forms of organization of employees’ work (traditional full-time, remote and home-based work), cancellation of the prohibition on non­institution of probation for certain categories of persons. The author also considers the possibility of suspending an employment contract and concluding an agreement with new employees on a temporary basis (fixed-term employment contracts).