bluuebunny/crossref_metadata_2025 huggingface dataset:
Risk of Fatalities and Injuries among Population Depending on Fire Duration in Russia including Metropolises in 2009–2021
Authors:   Nikiforov Russian Center of Emergency and Radiation Medicine of the EMERCOM of Russia, Evdokimov V.I. , Sibirko V.I. ,   Russian Research Institute for Fire Protection of the EMERCOM of Russia, Shapovalov S.G. ,   Nikiforov Russian Center of Emergency and Radiation Medicine of the EMERCOM of Russia, Yunusova Yu.R. ,   Nikiforov Russian Center of Emergency and Radiation Medicine of the EMERCOM of Russia, Martynov V.A. ,   Russian Research Institute for Fire Protection of the EMERCOM of Russia
Published: August 2024

The objective of the study is to analyze the impact of fire duration on risks of fatalities and injuries among the population of Russia and metropolises based on the examples of Moscow and St. Petersburg. Statistical fire indices provided by the «Fires» Federal Database for 2009–2021 have been studied. Retrospectively, the fires included ignitions. The impact of fire duration in minutes on fatalities, injuries, and the number of people rescued from fires has been analyzed. The risks of fatalities, injuries, and the probability of being rescued per 100 fires depending on fire duration have been calculated. The maximum values of the number of fires (distribution mode) in Russia are within the interval of fire durations from 11 to 15 minutes, whereas for Moscow and St. Petersburg, it is from 6 to 10 minutes. This is due to faster fire detection, shorter distance from a fire and rescue department, and, consequently, faster arrival of fire brigades and start of firefighting, more advanced equipment of firefighting divisions, higher fire-resistance of facilities in metropolises, etc. The average annual conditional risk of fatality in the fire for the Russian population was (2.06 ± 0.09)·10· fatalities/(fire·year), for Moscow and St. Petersburg, the risk was 1.6 and 2 times lower 1— (1.29 ± 0.13)·10–2 and (1.01 ± 0.06)·10–2 fatalities/(fire·year). The growth of risk of fatality depending on fire duration has been detected. The average annual conditional risk of injury in the fire for the Russian population was (2.20 ± 0.07)·10–2 injuries/(fire·year). For the Moscow and St. Petersburg population, the risk was (3.80 ± 0.35)·10–2 and (1.06 ± 0.05)·10–2 injuries/(fire·year). For Russia and St. Petersburg, a tendency of growing risk of injury depending on fire duration has been detected; for Moscow, it is an inverted U-curve. The increasing dynamics of injury and fatality risk ratios depending on fire duration have been identified, with the most acute increase in Moscow. The average annual probability of being rescued from fire for the Russian population was (12.9 ± 1.2)·10–2 persons/(fire·year), for Moscow and St. Petersburg, it was (11.7 ± 1.4)·10–2 and (16.3 ± 2.1)·10–2 persons/(fire·year). A tendency to increase the number of rescued persons at longer fire durations has been detected in Russia, Moscow, and St. Petersburg. The studies demonstrate that greater organizational and technological capabilities to reduce risks of fatalities and injuries in fires are specific to Russia and metropolises.
The Feasibility of Establishing a Pilot Site to Test the Safe Operation of Engineering and Technological Facilities for the Development of the Long-Term Freezing Water Bodies of the Arctic Seas
Authors:   Oil and Gas Research Institute of the Russian Academy of Sciences, Kulpin D.L. , Ivanitskaya E.V. ,   STC «Industrial Safety» CJSC
Published: August 2024

The Russian sector of the Arctic shelf to the east of the Kara Sea has been very poorly studied by seismic exploration and drilling. It is conditioned by several causes, one of which is the short ice-free period in combination with the remoteness from the shore bases, which significantly hampers operations making them extremely expensive and resource-consuming. The development of natural resources in conditions specific to the Kara Sea and to the east of it is restricted by the depths of the use of ice-resistant platforms and remoteness from the shore bases for subsea production systems. Various experts consider the perspective solutions of the implementation of subsea manned and unmanned drilling and production systems as concepts. At the same time, the existing technologies and the deep drilling technique are creatively reconsidered; the conclusion regarding the inapplicability of the currently used solutions for subsea wellhead drilling has been made. A specific focus has been made on the safety of the future oil and gas production facilities in the Arctic, considering both the operation of highly hazardous and complex manned underwater engineering facilities and the current strained geopolitical situation and the threats of terrorism. It is supposed that testing of perspective engineering solutions and technologies will be more efficient not only in conditions of plant testing laboratories and centers but also at the test site with maximally realistic conditions of the future operation. The analysis of potential test sites in accordance with selected criteria has chosen the Murmansk gas field in the southeast part of the Barents Sea as a prospective facility. Due to the large scale and complexity of the long-term challenge (20–30 years), a conclusion is made about the role of the state as an initiator and coordinator of the project involving the oil and gas companies concerned (Rosneft, Gazprom), scientific centers, and equipment manufacturers.
Specifics of Professional Risk Management When interacting with Contractors
Authors:   Omsk State Technical University, Skakunov D.A. , Aleshkov D.S. ,   Omsk State Technical University
Published: August 2024

The need to involve contractors for a client is caused by special knowledge, skills, methods, and means possessed by contractors and required by the client in order to achieve certain results. Contractors, however, do not always support the client’s policies and attitudes to the occupational safety values; whereas the safety culture of contractors is, to a certain extent, conditioned by a subjective judgment and personal definition of safety criteria by the contractors’ management. Therefore, the client is exposed to additional professional risks associated with the admission of contractors to work on the client’s territory. One of the main sources of professional risks is the human factor, i.e., hazardous and mistaken actions of the contractors’ personnel. The cost of such actions in the conditions of highly hazardous work on the territories of active productions is specifically high. International and Russian studies have indicated the dependence between employee competence and the number of mistakes causing injuries. The level of competencies of both workers and managers is crucial. The impact of the human factor of contractors on the professional risk level of clients has been considered; and the relevant risk management methods have been proposed. One of the methods is the evaluation of employees’ cognitive abilities before admission to highly hazardous work as human cognitive abilities such as the perception of information, memory, and attention affect their actions when performing the jobs. The next step is the improvement of the competencies of contractors’ employees based on the evaluation of knowledge and skills and further theoretical and practical training based on the results obtained. In addition, a model of contractor HR management structure with specifications of the manageability norm has been proposed.
Improving the Human Factor Reliability as a Prospect for the Safety Culture Development in Production Activities of the JSC RZhD Energy Complex
Authors:   Russian University of Transport (MIIT), Chaplygin V.S. , Zavyalov A.M. ,   Russian University of Transport (MIIT), Sаveleva T.S. ,   Russian University of Transport (MIIT), Khoteev V.Yu. ,   South-Eastern Directorate of Infrastructure
Published: August 2024

The criticality of improving the reliability of the human factor in the production safety culture of the JSC RZhD energy complex remains relevant. In order to resolve the issue, the analysis of various acceptable and applied psychological, managerial, and economic measures has been conducted. Measures to reduce the occupational injury rate and develop the occupational safety culture in JSC RZhD have been considered. Specific attention has been paid to the comprehensive approach that covers psychological, managerial, and economic measures. The rapid development of technologies and changing requirements in the sphere of occupational safety prioritize such aspects as professionalism, discipline, motivation for work, and compliance with instruction requirements. Specific methods, including visual information, organizational measures, improving working conditions, and training formats via improving training programs have been provided. Practical examples of the successful use of such measures in the production environment have been considered by using the example of the Power Supply Directorate of the Southeastern Railway where high-risk jobs remain specific. Various measures of encouragement and motivation for employees facilitate the significant improvement of working conditions and the reduction of injury rate. Additionally, the analysis of methods to raise employees’ awareness regarding the importance of compliance with safety rules through regular training and seminars as well as the implementation of a feedback system to ensure prompt identification and elimination of potential threats has been conducted. These measures demonstrate high efficiency and ensure further successful development of the company not only by facilitating the increase of occupational safety level and the reduction of injury rate indices but also by establishing a safety culture among employees, which ultimately affects the total production performance and reputation of JSC RZhD.
International investment arbitration as a component of the mechanism for compensation for damages caused by military conflicts
Authors: Khmelenko Ya.
Published: August 2024

The article explores the possibility of resorting to international investment arbitration as one of the components of the compensation mechanism for damages caused by military conflicts (in the context of the Russian-Ukrainian war). The author analyzes the norms of the sources of national and international law, which allow investors who have suffered various types of losses as a result of military conflicts to turn to arbitration institutions to resolve disputes, avoiding the national legal system and being guided by the procedural rules defined in the relevant provisions of international public law.
The provisions of the Agreement between the Cabinet of Ministers of Ukraine and the Government of the Russian Federation on the promotion and mutual protection of investments, ratified by the Law of Ukraine «On Ratification of the Agreement between the Cabinet of Ministers of Ukraine and the Government of the Russian Federation on the Promotion and Mutual Protection of Investments» dated December 15, 1999, which entered into force on 27.01.2000, were analyzed, in the context of prospects for Ukrainian business to apply to international investment arbitration for compensation for damages caused by the military actions of the Russian Federation.
The author explores the legal basis of investors’ appeal to international investment arbitration and focuses attention on the advantages and disadvantages of this component of the compensation mechanism.
In particular, the problems of enforcement of arbitral awards are described, taking into account the provisions of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, June 10, 1958), which entered into force for Ukraine on January 10, 1961, and ways to overcome such problems are indicated. Considering the topicality of the topic and the serious consequences of losses caused by military conflicts for investors, the article proposes balanced approaches to resolving disputes using international investment arbitration, contributing to the development of international law and ensuring fairness in compensation for losses to investors. The results of the study are useful for understanding the nature of international investment arbitration as a component of the investor protection mechanism in the issue of compensation for damages caused by military conflicts, and for identifying ways to ensure the effective implementation of arbitration decisions in similar situations.
Problems of legal regulation of gambling and lotteries in Ukraine and their impact on proving illegal activity in the organization and conduct of gambling, lotteries (Article 203-2 of the Criminal Code of Ukraine)
Authors: Pohoretskyi M.A. , Toporetska Z.M.
Published: August 2024

The article is devoted to the analysis of the basic legislation that regulates the spheres of gambling and lotteries, the identification of problems and gaps in the legal regulation of this sphere, which affect the process of proving criminal offenses provided for in Art. 203-2 of the Criminal Code of Ukraine and the formation of scientific proposals on ways to solve these problems.
The authors draw attention to the fact that the gambling business has always been and will remain a high-risk type of activity characterized by a high level of the shadow sphere, and a number of unsolved problems of legal regulation today help illegal businesses evade criminal responsibility for carrying out illegal activities, because these problems do not allow pre-trial investigation bodies to establish the event of a criminal offense, which is the central element of the subject of proof, primarily during the qualification of such actions as: issuing or conducting lotteries by a person who does not have the status of a lottery operator; the organization or functioning of institutions for the purpose of providing access to gambling games or lotteries conducted on the Internet. As a result, no more than 10% of criminal proceedings initiated under Art. 203-2 of the Criminal Code of Ukraine end with the court’s sentencing.
The authors admit that today restrictions or prohibitions in the activity of organizing and conducting gambling games do not hold lotteries, and for the activity and issuance and holding of lotteries, the prohibition of conducting gambling games does not allow to make an unambiguous conclusion, a lottery or a gambling game is conducted based only on visual signs. Therefore, the authors provide a set of features that allow us to distinguish between these types of activities.
Also, the problems of special legislation that regulate the procedures for the implementation of these types of activities are clearly defined, and specific ways of solving these problems are proposed for the Parliament, the Government and KRAIL.
Procedural integrity and electronic technologies in civil law
Authors: Parasyuk M.V.
Published: August 2024

The article is devoted to the study of the category «procedural integrity» and the use of electronic technologies in civil law based on the current legislation with the use of a complex system analysis in the context of countering the abuse of procedural rights. The object of the study is social relations that are formed in the process of implementing the principle of procedural fairness in the context of the use of information and communication technologies. The subject of the study is the norms of domestic legislation regulating the implementation of procedural fairness in the civil law of Ukraine. Countermeasures against the abuse of procedural rights is connected with two fundamental points - with the wide spread of forms of behavior that are attributed to the offense in question, and the lack of development of means of effective fight against procedural abuse. In jurisprudence and judicial practice, concepts and categories belonging to the field of ethics are used to solve this problem. Such a category is procedural integrity. In modern conditions, research on the category of procedural good faith in civil law is being updated. Good faith by nature is a non-legal category, to determine the content of which it is necessary to refer to other concepts and categories of ethics. The category «procedural good faith» is used by the legislator to describe the limits of lawful behavior and determine the possible implementation of civil procedural rights. It is noted that the provision of the category of procedural good faith as a legal obligation should be considered in the context of the elements of the normative and theoretical construction of the abuse of procedural rights and the mechanism of combating abuse in civil law. The category of procedural good faith plays a certain role in determining the criteria for distinguishing the legitimate use of the right from its abuse. This problem is relevant for civil procedural law, because by its legal nature, civil law is designed to mediate the conflict of the parties, their competition and opposition.
Stimulation of labor activity as a natural form of realization of the legitimate interests of a working person
Authors: Getmantseva N.
Published: August 2024

The article reveals the stimulation of labor activity as a natural form of realization of the legitimate interests of a working person. It is noted that when setting wages for employees, various payment systems are used, incentives for effective work through the bonus system, including the establishment of certain allowances and surcharges, which are a natural form of realization of the legitimate interests of the working person. Therefore, achieving a balance between economic and social components is one of the most important tasks of stimulating the work of employees at enterprises, institutions, and organizations to increase the efficiency of production activities.
It is stated that the creation of the necessary social conditions for employees at the enterprise is the basis for providing opportunities for employees to develop their professional abilities and the effective operation of the enterprise, institution, organization. Important importance in this aspect is played by the social policy of the state, which is an important component of the system of labor motivation and employee stimulation for the enterprise and an important mechanism for improving the quality of the workforce, the conditions for its effective implementation.
The social policy of the state always affects the sphere of hired labor and should contribute to combining the interests of employees and employers, despite the fact that it experiences certain difficulties related to the specifics of the country’s political, economic and social development. Social policy should act as a necessary factor for employees to realize their abilities and opportunities. After all, without ensuring appropriate social conditions, it is difficult to achieve the strategic goals and tasks that enterprises, institutions, and organizations set before themselves. Creating the necessary social conditions for employees at the enterprise is the basis for providing opportunities for employees to develop their professional abilities and effective work. At the center of the state’s social policy should be the working person.
It is proven that the stimulation of a working person is precisely the system of measures that directly affects his motivation and provides him with decent working conditions and the satisfaction of his personal interests as well as the achievement of the simultaneous goal of the enterprise, institution, organization. Any methods of stimulation that are used at the enterprise must be suitable and diverse for employees, that is why the management needs to study its team in order to ensure favorable working conditions, which in the long run will bring financial profit and stability and have a favorable effect on the psychological climate of the team, which is important for the effective operation of the enterprise, institution, organization.
Regarding the employer’s obligation to provide information about working conditions to the employee
Authors: Tykhonovych O.Y.
Published: August 2024

Today, issues regarding safe and healthy working conditions for employees at enterprises are gaining special importance. Since the growing economic crisis and as a result lack of funds in enterprises, insufficient attention to this problem on the part of the management of enterprises, the war in the country lead to the fact that a large part of workers work in harmful or difficult conditions. And as a result, the loss of labor potential, both at the level of enterprises and at the level of the state as a whole, which is accompanied by significant financial and socio-economic losses. Therefore, the problem of improving working conditions for any enterprise is extremely urgent. Therefore, the purpose of this work is to study working conditions, in particular, the right of employees to information from the employer about working conditions at the enterprise, institution, or organization. Summarizing what has been said, the importance of information for both the employer and the employees is indicated, because thanks to it, the volume of production increases, products, materials, technological equipment are improved, and external and internal relations of the enterprise are expanded. It is especially important for employees to receive information from the employer about working conditions at enterprises, since working conditions are everything that affects the state of health and working capacity of an employee. This is the workplace, and the state of technological processes, equipment and other means of production, and the state of means of collective and individual protection, and sanitary and household conditions. And in order to provide employees with better protection against possible violations of their rights and to create a more transparent labor market today, taking into account the provisions of Directive (EU) 2019/1152 on transparent and predictable working conditions in the European Union, the list of information was slightly expanded and detailed, with with which the employer is obliged to familiarize the employees, especially information about safe and healthy working conditions. Convinced that the changes made are a promising step on Ukraine’s path to EU membership, they indicate the improvement of the legislative framework in the field of labor relations, as well as harmonization with the law of the European Union.
Legal regulation of mining of precious stones: problems and ways of improvement
Authors: Machuska I.B. , Argatiuk I.V. , Nedilchenko S.B. , Burliy V.V.
Published: August 2024

The article is devoted to the study of the legal regulation of mining of precious stones in Ukraine and the analysis of problems related to the illegal mining of the specified type of minerals and the establishment of ways to solve them.
It is noted that the Institute of Subsoil Use in Ukraine has a centuries-old history. It has been established that the mining of precious stones in Ukraine has been observed for many centuries.
It has been studied that the mineral and raw material base of Ukraine includes more than 20,000 deposits of 117 types of minerals, among which a special place is occupied by precious stones, the extraction of which ensures the effective development of the country’s economy.
The article analyzes the legal definition of «precious stones». It was found that the concept of «precious stones» needs to be improved, since the specified concept should include not only the characteristics of precious stones, but also contain provisions regarding their market value and meet state standards. It has been proven that it is expedient to remove from the list of precious stones, the types of stones that are synthetic.
The article analyzes the legal regulation of mining of precious stones in Ukraine. It is noted that the legislator pays considerable attention to the legal regulation of amber mining in Ukraine. It was established that a significant list of regulations on amber mining was not adopted at the legislative level. It has been analyzed that the problem of illegal amber mining in Ukraine remains unresolved for a long time. It is a complex problem that is directly related to ecological, socio-economic, political, ethical and cultural aspects.
It was concluded that one of the factors in overcoming the problem of illegal mining of precious stones is the improvement of legal regulation, namely: the adoption of the Law of Ukraine «On Precious Stones», which should contain provisions relating to the specifics of mining, control, supervision of the mining and sale of precious stones, legal responsibility, the application of sanctions in the specified area, as well as complying with state and international standards.
Ecological assessment as a constitutional guarantee of the realization of the right to a safe environment
Authors: Savchyn A.M.
Published: August 2024

It is indicated that an important special constitutional guarantee of the realization of the right to a safe environment is environmental assessment. Given the fact that special legislative acts were adopted in Ukraine, which regulated the key types of environmental assessment. At the same time, in the conditions of full-scale war and post-war reconstruction, it is important to improve the environmental assessment procedure in order to improve such important constitutional guarantees of the realization of the right to a safe environment.
The article examines such an important special constitutional guarantee of the realization of the right to a safe environment as environmental assessment. Emphasis is placed on the need to analyze the role of environmental assessment in the conditions of full-scale war and post-war reconstruction of Ukraine. The provisions of the special act - the Law of Ukraine «On Strategic Environmental Assessment» were analyzed, which defined the basic principles of environmental strategic assessment, provided for the mandatory assessment of possible consequences for the environment, in particular for people and their health, from the implementation of state planning documents in various spheres of activity , which may have an impact on the environment.
It is substantiated that the legislative definition of the term «strategic environmental assessment» needs improvement, given the purpose and principles defined in Art. 3 of the Law of Ukraine «On Strategic Environmental Assessment», in particular, maximum support for sustainable development through environmental protection, integration of environmental requirements into the state planning process.
Six stages of carrying out a strategic environmental assessment are distinguished in accordance with Article 9 of the Law of Ukraine «On Strategic Environmental Assessment», and it is proposed to add a seventh stage, which would provide for «making corrections to the state planning document based on the results of monitoring to reduce risks, eliminate the negative consequences of environmental impact» .
Differences between strategic environmental assessment and environmental impact assessment have been identified. The results of the strategic environmental assessment of the «Social and Economic Development Program of the Transcarpathian Region for 2022» are presented.
The author’s approach to the classification of environmental assessment according to three criteria (subject of implementation, territorial coverage and legal consequences) is proposed.
Gaps in the legal regulation of volunteer activities in Ukraine under martial law
Authors: Varenyk D.S.
Published: August 2024

The article is devoted to identifying gaps in the legal regulation of volunteer activities in Ukraine during martial law. The author examines important aspects, in particular, the legal status of volunteers, mechanisms of registration, coordination and control over their activities. Particular attention is paid to the analysis of legislative acts regulating the rights and obligations of volunteers in wartime, as well as measures aimed at protecting the rights and interests of this category of citizens in the difficult conditions of military conflict. The results of the study may be useful for legislators, executive authorities and the public in formulating and implementing policies in the field of volunteer activities under martial law.
The article identifies the shortcomings in the legal protection of volunteer activities and social protection of volunteers, including the problems of tax control of volunteer activities in Ukraine, registration of persons engaged in volunteer activities and the lack of legislative acts in certain aspects of legal regulation of this area. Insufficient legal protection of volunteer activities is manifested in the lack of a clear definition of their rights and obligations, the absence of mechanisms to protect them from unfair actions of third parties, and the complicated procedure for obtaining social guarantees and state support. There are also unresolved issues in tax legislation, which leads to unjustified taxation of volunteers’ own funds. One of the ways to solve this problem is to introduce a rule of mandatory registration in the Register of Volunteers for persons planning to organize charity fundraising in the amount of more than 600 tax-free minimum incomes. Implementation of this proposal can strengthen tax control over the activities of volunteers and reduce the number of fraudulent activities. Equally important is to attract young people’s attention to volunteering. The spread of youth volunteer movements will make it possible to popularize and increase the effectiveness of this activity, which is seen as especially relevant in today’s conditions.
The system of criteria for evaluating the service activity of administrative courts in Ukraine
Authors: Karhamanian Kh.K.
Published: August 2024

The scientific article highlights the system of criteria for evaluating the service activity of administrative courts in Ukraine. Taking into account the analysis of the international practice of evaluating the activity of justice bodies, the system of criteria for the effectiveness of the service activity of administrative courts should be presented in the following form: the quality of the court decision, the accessibility of the administrative court, the timeliness of consideration of the case of administrative jurisdiction, the professionalism of judges and employees of the court apparatus, the level of public trust in court
Undoubtedly, the timeliness of administrative jurisdiction and the quality of decisions rendered by judges of administrative courts should be recognized as key criteria for the administrative service activity of administrative courts. The specified criteria together give an idea of what a perfect administrative court should be, that is, a court in which the basic legal values of a democratic society are fully realized: the rule of law, judicial independence, etc. Such criteria and indicators cover almost all essential aspects of the court’s activity, not limited to the indicator of «overturned or changed decisions». With the help of the specified criteria, it is possible to conduct an internal assessment of the effectiveness of administrative courts, focusing specifically on the effectiveness of the system of administrative courts or a specific administrative court aimed at protecting the rights, freedoms of a person and a citizen.
Since the purpose of the activity of administrative courts is primarily to protect the rights, freedoms, interests of individuals and legal entities, part of the criteria should serve to assess the satisfaction of the population with their activities. The accessibility of the administrative court, the level of public trust in the administrative court, the professionalism of judges and court staff should be recognized as such criteria.
Information as an object of Ukraine’s national security policy
Authors: Venglinsky O.O.
Published: August 2024

Attention is drawn to the priority value of information among the objects of the national security policy of Ukraine. It is argued that information freedom requires careful state control and inclusion of information in the list of objects of national security policy.
Information threats to state security are considered as a combination of conditions and factors that pose a danger to the vital interests of the state, society, and individuals through negative informational influence on the consciousness and behavior of citizens, as well as destructive impact on information resources and information- technical infrastructure.
Two types of information attacks are distinguished based on the object of influence: 1) purely technical information attacks aimed at the functioning of the technical equipment of information systems; 2) influencing people’s consciousness through the transmission of targeted information.
Three main goals of information warfare are outlined: control of the information space and ensuring the protection of one’s information from enemy actions; using control over the information space to conduct information attacks on the opponent; increasing the overall effectiveness of armed information functions. It is argued that in order to prevent the above-mentioned negative consequences, the following measures should be taken at the State level: 1) development of a system of continuous monitoring and analysis of information flows for timely detection of potential threats and response to them; 2) introduction of information literacy programmes among citizens to reduce vulnerability to manipulative information and fake news; 3) cooperation with international partners and exchange of experience in the field of information security to increase the effectiveness of measures and improve strategies to counter threats. These steps can ensure a high level of information security that will contribute to stability, security and protection of national interests.
Legal regulation of health care in Ukraine
Authors: Pravylo О.
Published: August 2024

On the basis of the analysis of the normative and legal regulation of health care in Ukraine, it was possible to establish that the adoption of the Act of Independence at the extraordinary session of the Verkhovna Rada of the Ukrainian SSR on August 24, 1991 prompted the young state to adopt normative and legal acts, including those that should to ensure the realization of citizens’right to health care, as well as to develop new terms of payment for medical workers of health care institutions in the conditions of the market economy existing at that time. During the first year of independence, a number of regulatory and legal acts were adopted, which related to raising the wages of health care workers, combating the spread of diseases caused by the human immunodeficiency virus, as well as legal and social protection of people living with such a virus. Attention is drawn to the first Regulations on the Ministry of Health (1992) and the adoption of the Law of Ukraine «Basics of the Legislation of Ukraine on Health Care», which despite the fact that certain provisions of this legislative act do not fully meet modern requirements, it is laid the foundations of the protective function of the state, ensured the guarantees of citizens’right to health care and their protection. It is emphasized that the adoption of the Constitution of Ukraine marked a new stage in the development of legal relations in the field of health care, which later found its continuation in normative legal acts that regulate relations in the field of health care. It is emphasized that the research carried out on the legal regulation of social relations in the field of health care in Ukraine gave reasons to find out that such regulation has a complex, interdisciplinary nature, which is due to a wide range of public and private legal relations, united by the common goal of realizing the right of each of a person for health care as the highest social value. It is noted that the current stage of legal regulation is characterized by the implementation of measures for the ability of the health care system of Ukraine to operate under martial law conditions. The author’s periodization of the formation and development of health care in Ukraine is proposed, which includes five main periods of this process.
Regarding the definition of electronic services in the field of social protection of the population
Authors: Yavtushenko D.A.
Published: August 2024

The article reveals the essence of electronic services in the field of social protection of the population. An analysis of the terms social protection, social security, administrative services, public services, as well as their correlation, was carried out. On the basis of the identified main features of these terms, the author makes an attempt to provide his definition of public services in the field of social protection of the population. Features of the provision of electronic services in the field of social protection of the population are: authorized bodies of public administration; a specific circle of service consumers, which is clearly defined by state regulations (preferably at the legislative level); based on the essence of the concept of «social protection», only natural persons can be consumers of administrative services in this area; the special legal status of such persons in accordance with the Constitution of Ukraine, where the right to social protection is provided only to citizens, which currently narrows the right to social protection of foreigners, stateless persons, refugees, including by receiving public services, emphasizing the importance for the state of its citizens ; a feature of the provision of public services in the field of social protection is that they are free of charge for the subjects of the application.
It has been established that one of the features of electronic services in the field of social protection of the population is the specific conditions under which a person has the right to receive services in this field. Public services in the field of social protection of the population are provided under the condition of the occurrence of a case of social risk provided for by the law, for example, upon reaching a certain age of incapacity for work or acquiring the status of a disabled person, etc.
It has been proven that the second feature of public services in the field of social protection of the population is their preventive orientation, which includes prevention of disruptions in the normal functioning of the life of individuals and violation of their rights in the event of a social risk.
The role and place of criminological information in the legal mechanism for the prevention of criminal offenses in the sphere of execution of punishments of Ukraine
Authors: Dmitrienko Yu.S.
Published: August 2024

This scientific article clarifies the content and essence of criminological information, as well as defines its role and place in the legal mechanism of prevention of criminal offenses in the sphere of execution of punishments of Ukraine.
In particular, it was established that the specified type of information is taken as a basis for placing convicts on preventive records in institutions for the execution of punishments, as well as operational and investigative activities in this field of social relations.
In addition, it was found that the absence, incompleteness, and inaccuracy of criminological information about phenomena and processes, as well as about the identity of potential offenders in the field of execution of punishments, is one of the determinants that contributes to the commission of criminal offenses in the process of execution - the serving of punishments by both convicts , as well as the personnel of the State Criminal Enforcement Service of Ukraine.
The analysis of official statistical data on this matter also showed that in the structure of penitentiary crime, more than a third are annually made up of convicts who were on preventive records.
In view of this, this work proved that without increasing the level of effectiveness of the use of criminological information in the course of organizing and implementing measures aimed at preventing the commission of criminal offenses in the sphere of execution of punishments in Ukraine.
In the system of such measures, it is proposed to focus attention in practice on the following aspects of the process of execution - the serving of punishments: a) when improving the content and focus of the main means of correction and resocialization of convicts; b) in the course of carrying out activities of an operational and investigative nature; c) when solving issues related to the transfer and placement of convicts in the relevant sections of correctional colonies; others
Based on the results of the study, this scientific article concludes that the solution of existing problems in the field of execution of punishments in Ukraine lies in the plane of not only rule-making activity, but also depends on the effectiveness and intensity of scientific research in the specified field of social relations.
Restitution and compensatory measures in criminal law
Authors: Kozachenko O. , Musychenko O.
Published: August 2024

This article argues for the need to enshrine restorative and compensatory measures in the criminal law of Ukraine. The authors analyze international normative acts, in particular the UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, 1985; the European Convention on the Compensation of Victims of Violent Crimes, 1983; Recommendation R (85) 11 of the Committee of Ministers of the Council of Europe to Member States on the position of the victim in criminal law and criminal procedure, 1985; Recommendation Rec (2006) 8 of the Committee of Ministers of the Council of Europe to Member States on assistance to victims of crime, 2006, which establishes certain obligations of States to enshrine restitution and compensation in national laws. The article identifies the insufficiency of legislative consolidation of restitution (compensation) for damage caused by a criminal offense in the criminal procedure and civil legislation of Ukraine.
The article analyzes the historical legal acts in force in our country which provided for measures aimed at ensuring the interests of victims of criminal offenses, and proves that with the accession to the Russian Empire, the positive achievements in criminal law related to the attempts to enshrine restitution and compensation measures at the legislative level were lost. At the same time, the author uses the example of the criminal law of Poland to prove that the States which had a common history with ours and the same origins of legislation formation continued the traditions of rule-making in a given criminal law area, and therefore the system of criminal law measures in Poland includes measures of a compensatory nature.
The article focuses on the analysis of the provisions of the draft Criminal Code of Ukraine regulating restitution and compensation, identifies certain shortcomings and suggests some ways to address them.
Special psychophysical condition as a circumstance that mitigates punishment in Art. 117 of the Criminal Code of Ukraine
Authors: Mostepanyuk L.O.
Published: August 2024

The article is devoted to elucidating the essence of a special psychophysical condition as a circumstance that mitigates the punishment in Art. 117 of the Criminal Code of Ukraine «Intentional murder by the mother of her newborn child.» It has been established that this type of murder is a privileged murder. It has been proven that it has an extremely powerful effect on the psycho-emotional state of a woman giving birth and the process of giving birth to a child, which is recognized as a stressful factor, as a result of which she may lose the ability to behave adequately. Emphasis is placed on the presence of certain features of the psychophysical state in a woman during the commission of a murder, which are caused by a combination of emotional tension caused by pregnancy and childbirth and the mental processes that accompanied them, which weaken the mother’s ability to be aware of her actions and control them. The factors that can cause disorders of the psycho-emotional state of a woman are singled out: the coincidence of difficult personal and family circumstances; divorce from the child’s father; unwanted pregnancy; difficult financial situation; negative microenvironment.
It was established that there is no indication in the disposition of Art. 117 of the Criminal Code on the presence of a special psychophysiological condition of a woman as a mandatory feature of this criminal offense, which creates some problems in the qualification of criminal offenses. It has been proven that a mitigating circumstance in the case of a mother committing the murder of her newborn child during childbirth or immediately after it should be recognized precisely the psychopathic state that led to a mental disorder, which does not exclude the sanity of the person, but significantly weakens the possibility of realizing such actions and manage them.
It was found that a woman in the process of childbirth cannot be considered as fully aware of her actions and in control of them. At the same time, it is not excluded that a woman at the time of childbirth or immediately after it may be in a state of morbid mental disorder, that is, be of limited sanity, in connection with which it is concluded that in such a case a special psychophysical state may coincide with limited sanity.
It was concluded that the existence of a privileged type of murder provided for in Art. 117 of the Criminal Code, caused only by the possibility of the existence of a special psychophysiological state of a woman during childbirth or immediately after it. It is proposed to improve the current wording of Art. 117 of the Criminal Code by means of a legally defined indication of the need to establish the fact that a woman is in a special psychophysiological state.
Features of distinguishing fraud and fraud with financial resources
Authors: Chekmaryova I.M. , Reznichenko H.S.
Published: August 2024

The article addresses the issue of distinguishing between fraud and financial fraud in the context of contemporary criminal activity. The relevance of the study is determined by the need to develop effective strategies to counter these phenomena. Fraud involves deceptive activities aimed at illegal enrichment, whereas financial fraud is directed towards obtaining financial funds or assets. Despite their similarity, it is important to differentiate between these concepts. The study analyzes the peculiarities of differentiation and establishes their demarcation boundaries. The main goal is to analyze and investigate these differences. According to Article 190 of the Criminal Code of Ukraine, fraud is understood as the appropriation of someone else’s property or the acquisition of property rights through deception or abuse of trust. According to Article 222 of the Criminal Code of Ukraine, fraud involving financial resources is defined as providing knowingly false information to government authorities, authorities of the Autonomous Republic of Crimea, or local self-government bodies, banks, or other creditors in order to obtain subsidies, subventions, grants, loans, or tax benefits in the absence of elements of a property crime. The article also provides a detailed analysis of the concepts of both phenomena, defines their key characteristics and properties. Special attention is paid to identifying the main risks and consequences associated with both types of fraud. The study focuses on the factors and mechanisms used by fraudsters in each of the specified areas, as well as methods that can be applied to prevent and detect them. The conclusions of this work will contribute to a deeper understanding of the essence and manifestations of fraud, which in turn will help develop more effective strategies to counteract such criminal phenomena in society. The conclusions of the article emphasize the importance of legal, regulatory, and technological control mechanisms to prevent these phenomena and maintain trust in financial systems.