bluuebunny/crossref_metadata_2025 huggingface dataset:
Prognostic factors and effectiveness of the first-line therapy for chronic lymphocytic leukemia: results of 10-year follow-up
Authors: Kalashnikova О. B. , Ivanova M. O. , Volkov N. P. , Kondakova E. V. , Izmailova E. A. , Barhatov I. M. , Gindina T. L. , Babenko E. V. , Kulagin A. D. , Mikhailova N. B. , Moiseev I. S.
Published: February 2021

Introduction.The biological heterogeneity of chronic lymphocytic leukemia (CLL) is reflected in the rate of progression, the need for therapy, and the response to treatment. Analysis of prognostic factors contributes to improving the quality of treatment and rational distribution of healthcare resources.

Materials and methods.Among 890 patients with documented stage of CLL, 405 (45.5 %) received treatment. As the first-line of treatment, 173 patients received intensive regimens (FCR or BR), 6 – new agents, and 226 – all other regimens. The initial stage of the disease, mutation status of IGHV, del17p with or without complex karyotype were analyzed as prognostic markers.

Results.Immunochemotherapeutic regimens were shown to be highly effective in case planned amount of treatment was completed. The combination of such prognostic parameters as the initial stage of the disease, the mutation status of IGHV, and the presence of del17p and/or complex karyotype allows us to clearly identify a group of patients with an unfavorable prognosis, for which it is advisable to use either intensive programs or new agents in the first-line therapy.
MACRONUTRIENT CONTENT OF DRY LEAVES COMPOST BY VERMICOMPOSTING METHOD
Authors: Kasam Kasam , Iresha Fajri Mulya , Adytama Alhamdy , Mutolib Abdul , Umam Rofiqul , Rasdiana Felga Zulfia , Rahmat Ali
Published: February 2021

Waste management is one of the criteria for the evaluation of Green campus and sustainable university. Organic waste takes place in concern because of the domination of waste in university, such as food waste and dry leaves waste. Mismanagement in dry leaves will promote the campus area to look dirty. One method to control the dry leaves waste is the vermicomposting process. The purpose of this research is to evaluate the macronutrient content of dry leaves compost after the vermicomposting process. The research was conducted in the Faculty of Civil engineering and Planning, Universitas Islam Indonesia, Yogyakarta. The vermicompost sample in this study refers to the quality standards according to SNI 19-7030-2004 regarding compost quality standards. The results of vermicompost content value are obtained on day 56 is Phosphor amounting to 0.194%, amounting to 0.129% Potassium, and C / N ratio of 7.73. From the data that has been obtained can be concluded that the results of vermicompost are less effective as organic compost compared to the standards.
REVIEW: APPLICATION OF BROMELAIN ENZYMES IN ANIMAL FOOD PRODUCTS
Authors: Nanda Ririn Fatma , Bahar Rini , Syukri Daimon , Thu Nguyen Ngoc Anh , Kasim Anwar
Published: February 2021

This review focuses on the use of bromelain in various applications in animal products with the latest literature so that it can provide information on what parts of this enzyme can be applied. Bromelain is a protease enzyme found in stems (EC 3.4.22.32), leaves, crowns, fruit skins, fruit flesh (EC 3.4.22.33) and fruit tubers in pineapple. Bromelain has been exploited commercially in many applications in the food industry (baking industry), drinks industry (stabilizers in beer), tenders (meat), and pharmaceuticals (anti-tumorigenic agents). However, not all types of proteins can be hydrolyzed by bromelain, such as keratin which can only be hydrolyzed by keratinase, this is because the enzymes work specifically. In animal food products, bromelain is applied as a meat tenderizer, making of protein hydrolyzate products, cheese and also fish sauce product. The application of bromelain to animal food products has proven that hydrolyzed products using this enzyme can increase umami taste, which means that bromelain has great potential when applied to animal food products. Bromelain is useful in the processing of some animal food products because bromelain works specifically and is very active in animal protein such as milk, meat and collagen.
Antipoesia, metapoesia e ironia na obra poética de Nicanor Parra
Authors: Arendt João Claudio , Iotti Rafael de Lucena
Published: February 2021

O objetivo deste artigo é analisar a questão da antipoesia e sua relação com a ironia e a metapoesia na obra do poeta chileno Nicanor Parra. Por ser um autor ainda pouco conhecido no Brasil, abordam-se, primeiro, alguns aspectos de sua vida e obra, por meio de levantamento de dados biobibliográficos. Em seguida, busca-se identificar os temas centrais na obra do poeta, para, finalmente, analisar, sob a perspectiva da antipoesia, da metapoesia e da ironia, uma seleta de poemas publicados em livros entre 1954 e 1963. Na base teórico-crítica utilizada, destacam-se, entre outros, Croce (1967), Fernández Retamar (1995), Schopf (2000), Cabañas (2003) e Muñoz (2009).
Leitor, montador, escritor: citacionalidade em Carlito Azevedo e Jean-Luc Godard
Authors: Klumb Frederico Nogueira , Dassie Franklin Alves
Published: February 2021

O objetivo deste trabalho foi investigar as semelhanças entre as práticas do poeta Carlito Azevedo e as do cineasta Jean-Luc Godard, tentando assim inferir uma leitura que aproxime a montagem de um livro a de um filme. Tomando como referência os estudos da intertextualidade e da citacionalidade empreendidos por teóricos como Antoine Compagnon, traçamos três breves perfis de leitura, implicados nas operações citacionais dos dois autores: um que representa um tipo específico de leitor; um para a figura do montador de cinema; e um para a função do escritor. Por fim, relacionamos o último livro de poemas publicado por Azevedo com um dos filmes de Godard, identificando procedimentos semelhantes de superposição, citação e montagem.
Chico Buarque: citando “assim de viés”
Authors: Carvalho Mayra Moreyra
Published: February 2021

O artigo discute como Chico Buarque se apropria da tradição musical e literária em suas canções. A análise de “Rubato” (2011) oferece elementos que permitem considerar o jogo de roubos, trocas e retoques encenado nos versos como expressão de uma concepção que não distingue a criação das práticas de escuta e leitura. Considerando a intertextualidade para além da identificação do intertexto e assumindo que o cancioneiro buarqueano está semeado de “bifurcações”, proponho um modo de escuta de duas canções, “Pedro pedreiro” (1966) e “Construção” (1971), a partir da relação possível com a poesia dos hispano-americanos César Vallejo e Juan Gelman.
Language and Languaging from a Phonetic Point of View
Authors: Cummins Fred , Wang Bei
Published: February 2021

We differentiate between language-as-system, as exemplified by such constructs as “English,” or “Mandarin,'” and languaging, understood as a rich set of affiliative and coordinative behaviours that involve speech. The former is the more familiar term, and has been constructed in a specific manner that is inextricably bound to literacy, writing and normative social practices. But we argue that only the latter can inform us about what it was that happened to the human species to so differentiate us from other primates. To draw out this distinction, we lean on the contrast between emic and etic approaches, introduced by Ken Pike and rooted in the distinction between phonology and phonetics. We argue that an etic approach to speech can reveal forms of languaging that are not addressed by language-as-system. Joint speech is put forward as an important form of languaging that can be thematised for study only if the emic/etic distinction is taken seriously. Consequences for the self-understanding of phonetics as a discipline are cautiously put forward.
Novos olhares para o processamento da leitura e da alfabetização
Authors: Scliar-Cabral Leonor
Published: February 2021

Meu novo olhar para o processamento da leitura e da alfabetização provém, fundamentalmente, das evidências experimentais da neurociência: a existência de uma área na região occipital-temporal ventral esquerda onde os neurônios se especializam, mediante a boa aprendizagem, a reconhecer quais, quantos e como se combinam os traços invariantes para formar as letras que, nos sistemas alfabéticos, realizam os grafemas, os quais representam os fonemas de uma dada língua. Graças aos conhecimentos da linguística e da psicolinguística, meu novo olhar para a alfabetização revelou estratégias para a criança descobrir a diferença entre vocábulos tônicos e átonos (clíticos) na leitura, bem como para aprender,  no contexto do processamento da leitura do português brasileiro (PB) a automatizar: (a)   o reconhecimento dos traços e letras invariantes que foram convencionados no alfabeto latino; (b) o reconhecimento dos grafemas e seus respectivos valores (os fonemas);  (c) a atribuição do acento de intensidade maior, nos vocábulos que o possuem; (d) a delimitação dos vocábulos átonos que, no PB escrito, se terminarem por vogais orais átonas, só podem ser registradas pelas letras ‘a’, ‘e’, ‘o’, seguidas ou não por ‘s’; (e)  por fim, o reconhecimento dos padrões de entoação. Tudo isto possibilitará, sobretudo, a construção do sentido novo das palavras, frases, orações, períodos, parágrafos e texto (macroestrutura), formando leitores críticos e com gosto pela leitura.
Peripheral nerve sheath malignancy with multiple metastasis: a rare clinical case
Authors: Todorov S. S. , Deribas V. Yu. , Kazmin A. S. , Todorov (Jr.) S. S.
Published: February 2021

Background. Tumours of peripheral nervous system are represented by benign and malignant neoplasms with different clinical and biological traits. Malignant peripheral nerve sheath tumours of paraspinal localisation with the involvement of nerve structures are extremely rare and may occur isolated or comorbid with congenital neurofibromatosis. Current literature contains a few bioptic and selected autopsy clinical reports. Herewith, we present an own sectional observation of a rare malignant peripheral nerve sheath tumour with multiple metastasis supplemented with morphological and immunohistochemical descriptions.

Clinical Case Description. An autopsy was performed on a 30-yo man’s cadaver. A tumour infiltrate was observed along Th5—Th9 of the spinal column intimately associated with thoracic vertebral bodies. Metastases were detected in the right lung, myocardium, peripancreatic and perirenal adipose tissue. Histological tumour examination revealed heterogeneous solid and rosette-like structures. Tumour immunophenotype: vimentin+, pancytokeratin-, CD45-, S-100+, NSE+, GFAP-, proliferative activity index (Ki-67 = 75-80%). This profile is descriptive of peripheral nerve sheath malignancy of high grade with multiple organic metastases.

Conclusion. The sectional observation presented illustrates the difficulty to in vivo diagnose rare peripheral nerve sheath malignancies due to their infiltrative growth into spinal bone marrow and metastasis to organs (lungs, myocardium, peripancreatic and perirenal adipose tissue).
Necesidades sentidas de personas con capacidades disímiles ante la atención de profesionales de la salud
Authors: Madero-Zambrano Kendy , Vallejo-Arias Sandra , Castro-Bocanegra Verónica
Published: February 2021

El objetivo del trabajo fue interpretar las necesidades sentidas de personas con capacidades disímiles (auditiva y del lenguaje) frente a la atención que reciben por parte de profesionales de la salud. Se adoptó un enfoque de naturaleza cualitativa, fenomenológica y hermenéutica. La población fueron personas con capacidades disímiles auditivas y del lenguaje de una fundación sin ánimo de lucro de Colombia-Bolívar, con una muestra de 10 casos. Se aplicó entrevista semiestructurada sobre aspectos sociodemográficos, satisfacción frente a la atención recibida, proceso de la comunicación, discriminación, implementación del lenguaje de señas, recomendaciones al personal sanitario. Para el desarrollo del ejercicio se contó con un intérprete quien permitió establecer los canales de comunicación. Cada entrevistado firmó un consentimiento informado, soportado en la Resolución 8430 de 1993 y la Declaración de Helsinki. Las necesidades sentidas frente a la atención en salud se concentraron en la dificultad de establecer una comunicación directa con los profesionales de la salud, situación que los hace sentir insatisfecho con la atención que reciben por parte de estos. Se experimenta tristeza, sensación de impotencia y temor, producto de la discriminación por su condición, la falta de privacidad y la sensación de inseguridad a consecuencia de la poca o nula interacción reciproca de la comunicación. La falta de comunicación directa con los profesionales de la salud es la necesidad que más aqueja a dicha población, por ello recomiendan la presencia permanente de intérpretes y el manejo de lenguaje de señas por parte de los profesionales de la salud.
PROBLEMS OF SUSTAINABLE DEVELOPMENT OF ALTERNATIVE ENERGY IN UKRAINE: LEGAL ASPECTS
Authors:   National University “Odessa Law Academy”, Shmatko Gleb
Published: February 2021

The article analyzes the essence of the term "sustainable development" in the context of the development and further formation of the alternative energy sector, the relevance of implementation (renewable energy), aspects of the strengths and weaknesses of this energy segment in the legal dimension. Today, it cannot be said that this area of the industry does not have a foundation for further development, international cooperation with the EU, China and other states provide directions for the development of Ukraine's energy independence. The experience of EU countries in the transition from traditional energy sources to renewable ones indicates not only the use of energy-saving technologies, but also shows that the so-called "green energy" is a powerful tool in the energy supply of industrially developed countries, competing with coal, oil and gas and nuclear power plants. Ukraine has a significant potential for renewable energy, which should be used to stimulate the country's economic activity, improve its trade balance, which allows not only to update fixed production assets in the energy sector, but also to create new jobs and reduce dependence on energy imports using the diversification of energy supply sources. The strategy of further development of alternative energy in Ukraine requires the creation and legislative provision of favorable investment conditions and appropriate state support, the development of competitive technologies and equipment samples, and their introduction into production. State support for alternative energy production should also consist in providing benefits and stimulating investments directed to the development of various alternative energy sectors, including through the conclusion of relevant international agreements. The lack of its own energy resources and dependence on energy imports is the main threat to the national security of any country. In this connection, energy policy is the basic condition for the existence and development of the state.
PROBLEMATIC ASPECTS OF ENFORCEMENT OF JUDGMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS IN UKRAINE
Authors:   Yaroslav Mudryi National Law University, Shvartseva Mariia , Plotnikova Anna ,   Yaroslav Mudryi National Law University, Dubyna Kateryna ,   Yaroslav Mudryi National Law University
Published: February 2021

The article is devoted to the study of problematic aspects of the European Court of Human Rights (hereinafter — the ECHR) execution decisions in Ukraine. The work clarifies the causes and systemic problems due to which Ukraine does not comply with the decisions of the ECHR. The relevant provisions of international and national legislation acts have been analyzed: the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as the Convention), Protocols No. 1 and No. 14 to the Convention, the Law of Ukraine (hereinafter referred to as the LU) "On the Execution of Decisions and Application of the European Court Practice of Rights person", Law of Ukraine" On enforcement proceedings "," On state guarantees regarding the execution of court decisions ", Resolutions of the Cabinet of Ministers of Ukraine No. 440, No. 703. On the example of the case «Scozzari and Giunta v. Italy», it was shown that the state must comply with the final decisions in which it is a party. This performance should not be limited to compensation for damage caused, but should also include the adoption of general measures and individual nature to correct problems. The work outlined the place of the Committee of Ministers of the Europe Council in the process of execution by states of final decisions regarding them. It was noted that the execution of final decisions is carried out under the control of the Ministers Committee. The resolution “Enforcement of judgments of the European Court of Human Affairs” adopted by the Parliamentary Assembly of the Council of Europe, according to which the violating state can be punished for improper execution of the decisions of the ECHR, in particular with regard to the introduction of legislative changes, was analyzed. The strictest of these penalties is the expulsion of the country from the Council of Europe, which once again underlines the importance of this issue. The article examined the legal nature of "pilot decisions", their difference from ordinary decisions. It was found that the purpose of making “pilot decisions” is to identify systemic problems of the state and help in solving them. The paper provides a list of systemic problems that arose in the practice of the ECHR in cases against Ukraine. On the example of two “pilot decisions”, “Yuriy Nikolayevich Ivanov v. Ukraine” and “Burmych and others v. Ukraine”, specific systemic problems are considered, the ways in which Ukraine tried to overcome them are analyzed. The work contains the reasons that lead to the Ukraine failure to comply with court decisions. These factors are broken down into 3 groups: legal, financial and institutional. The authors propose ways to solve these problems.
ABOUT IMPROVEMENT OF SYSTEM AND EXPANSION OF A SUBJECT OF CRIMINOLOGY
Authors:   Lviv Polytechnic National University, Baranyak Vladimir
Published: February 2021

The article is devoted to the analysis of theoretical researches of forensic system and its subject, interaction of fundamental and empirical knowledge and their influence on development of both theoretical and applied directions of forensic science, empirical and theoretical stages of criminology development criminology and especially in forensic tactics and methods of investigation of certain types of crimes of organizational elements, which can not be denied, given the integrative nature of criminology, which uses data from other sciences, including the science of organization of activities. The disadvantages of this argument are that: first, the organizational provisions contained in the existing sections are largely private; secondly, the improvement of the system is due to the need to integrate the issues located in different parts of criminology into a single structure - a component, an autonomous part of science, which will ensure not only the coherence of the system, but also its logic; the need to modernize the structure is due to the fact that by their nature and essence, a number of provisions do not belong to the sections in which they are currently included ( organization of interaction, investigation planning). It should be borne in mind that the location in the relevant section of certain provisions was caused solely by the purposes of forming sections of criminology, which led to the inclusion of issues that are not directly related to this section (suffice it to mention the history of investigative tactics); thirdly, the lack of an independent section leads to the fact that many general provisions of the theory of organization of activities are not included in the content of criminology (in particular, it is a question of the scientific organization of work which represent a structural element of organizational bases of activity). Selection as an independent section should be an incentive to intensify research on the problems of organization of forensic activities. The definition of criminology as an applied interdisciplinary legal science is offered.
ICC POLICY ON CHILDREN: OVERVIEW
Authors:   Yaroslav Mudryi National Law University, Bebiya Katarina
Published: February 2021

The article examines the basics of the International Criminal Court (ICC) Prosecutor's activity concerning children, set out in a document entitled "Policy on Children" issued in 2016 (hereinafter - Policy). The Policy has made a significant contribution to the development of international criminal prosecution of persons responsible for harming children during an armed conflict or a situation of violence. The ICC's policies and practice primarily consider the interests of children who have been victims of international crimes or who interact with the ICC as witnesses. The author draws attention to the fact that the Policy reflects the personal jurisdiction of the ICC, according to which the Court prosecutes only persons who have reached 18 years. Therefore, younger children involved in international crimes are considered victims of the ICC regardless of their motives. The author demonstrates how the essential components of international criminal justice - complementarity and promotion of the interests of victims - find their practical significance in the Policy. These principles are fundamental at the stage of the ICC's preliminary examination of a situation where the Prosecutor takes special care to assess the impact of a particular context of armed conflict or violence on the rights and interests of children. It is crucial to respect the interests of the child at the stage of investigation when the Court interacts with children victims and children witnesses. The author shows that the Policy has fully absorbed the international legal framework of justice for children, in particular those developed within the UN, and focused on providing necessary guarantees to children victims and children witnesses, taking into account their vulnerability and special needs. An analysis of the Court's case-law shows that analysing the ICC's decisions in cases where children have been victims of international crimes, the guaranteeing of the children victims’ rights to reparations remains a pressing issue and challenge for the ICC.
KEY PRINCIPLES OF PROVIDING PUBLIC ORDER BY THE NATIONAL POLICE DURING MASS EVENTS
Authors:   Precarpathian Faculty of the National Police of Ukraine, Melnyk Andrii , Gutsuliak Mykola ,   Ivano-Frankivsk College of the Lviv National Agrarian University
Published: February 2021

The article deals with the features of public order and security during mass events in terms of foreign experience, which is implemented in the activities of bodies and units of the National Police of Ukraine in the framework of its reform. There has been analyzed the basic principles that determine the strategy and methods of policing with mass gatherings under the best European practices (Scandinavian model) to ensure law and order. In particular, the key principles of European law enforcement practice in ensuring the human right to a peaceful assembly about the range of regulations that define the activities of the National Police in this area of ​​activity have been studied. There has been investigated the main criteria that affect the effectiveness of the study model of public order protection in the work of the National Police of Ukraine. The scientific research is based on the concept of the introduction of the Scandinavian model of public safety and order in the activities of bodies and subdivisions of the National Police of Ukraine during mass events, through the prism of the provisions enshrined in it. The presented conclusions and proposals in the scientific article are based on the interview of persons from the leadership of the bodies and units of the National Police, who were trained by the Advisory Mission of the European Union in Ukraine on public order during mass events [1].
NATIONAL AND INTERNATIONAL STANDARTS OF RIGHT TO PEACEFUL ASSEMBLY
Authors:   Yaroslav Mudryi National Law University, Kushnirenko Alexander , Aliyeva Alisа ,   Yaroslav Mudryi National Law University, Michkivskyi Roman ,   Yaroslav Mudryi National Law University, Stoyanova Varvara ,   Yaroslav Mudryi National Law University
Published: February 2021

The article is devoted to problems of legal regulation and implementing the constitutional right of citizens to peaceful assembly in Ukraine. The authors represent the approaches of different scholars and international and national practices of realization citizens` right to peaceful assembly and summing up the results the authoors offer options for improving and optimization legislation on peaceful assembly. On the basis of international experience in regulating this institution in foreign countries, Ukraine has the opportunity to legislate and regulate the right to peaceful assembly, taking into account the provisions of the fundamental international instruments, which reflect the subject matter of this scientific work The authors' article analysed the current status of the constitutional and legal establishment of the right to peaceful assembly in Ukraine. The ways in which citizens exercise the right to peaceful assembly and the possibilities for the State to restrict this right to peaceful assembly in the interests of national security and public order in international practice have been studied. Much attention is given to the international legal regulation of the right to peaceful assembly, in particular the main international instruments which can be considered as sources of the formation of the law of this important legal institution through the prism of heavy and soft international law. The practice of settling disputes on the right to peaceful assembly by international judicial institutions, in particular the European Court of Human Rights, has also been examined.
GUILT AS A SUBJECTIVE SIDE OF LEGAL RESPONSIBILITY OF JUDGE
Authors:   Lviv University of Business and Law, Skromnyy Yaroslav
Published: February 2021

The article reveals the main aspects of determining the guilt of a judge as a subjective aspect of imposing legal responsibility on him. It was established that the key aspects of determining the guilt of a judge as a subjective aspect of imposing legal responsibility on him are represented by the provisions of such legislative and regulatory documents as the Constitution of Ukraine, the Criminal Procedure Code of Ukraine, the Resolution of the Plenum of the Supreme Court of Ukraine «On the independence of the judiciary», the Law of Ukraine «On the implementation of decisions and the application of the practice of the European Court of Human Rights», Resolution of the Plenum of the Supreme Court of Ukraine «On judicial practice in cases of crimes against human life and health», Law of Ukraine «On the judicial system and the status of judges». It was found that the evidence of the judge's guilt in relation to the offense committed by him today is one of the important issues of imposing a certain type of legal liability on him. It has been determined that judges often commit offenses due to the adoption of unfounded and often illegal court decisions. It has been proved that the guilt of judges for the offenses committed by them is manifested as a result of non-compliance or disregard for the norms of procedural legislation or labor discipline. It has been determined that in order to make a court decision, a judge is obliged to determine the norms of the law, a number of bylaws and study judicial practice in considering the relevant court case. It has been established that one of the elements of a judge's fault is an inner conviction. It has been established that the subject of the court case regarding the adoption by the judge of an unjustified and illegal court decision is not the corpus delicti, which is present in the actions of the judge, but the legality of that, or the investigator will refuse to initiate a criminal case against the judge for making an unjust decision. It was found that the practical methods of determining the guilt of a judge in committing an offense should be a comprehensive study of the materials of the case, which is open against the judge, and the analysis of data from the judge's dossier, in particular, data on the consideration of such cases by a judge and the adoption of appropriate court decisions on them. It has been proven that quite often the release of a judge from legal liability occurs in conditions when offenses committed by a judge are re-qualified as a miscarriage of justice.
PRINCIPLE OF FREEDOM OF CONTRACT IN THE CIVIL LEGISLATION OF UKRAINE AND ITS BOUNDARIES
Authors:   Yaroslav Mudryi National Law University, Katsiuba Karina , Galaydik Anastasia ,   Yaroslav Mudryi National Law University
Published: February 2021

This article is aimed at a detailed analysis of the essence of the principle of freedom of contract, as a fundamental principle of civil law. Attention was paid to the process of forming this rule. The Ukrainian legislation on the covered issue is considered. In addition to the law, the positions of scientists on this principle were analyzed and presented. The fact that the legislator did not establish a clear concept of freedom of contract, which led to the writing of a large number of scientific papers in which the authors tried to reveal its essence. Contradictions between scientists on the essence of the mentioned prescription are given. The structural elements of the principle of freedom of contract are also analyzed, because, as time has shown, jurists single out many of its additional components, which are not interpreted by law, but widely reveal the essence and detail the process of its implementation in real life. Attention was drawn to the restrictions on the freedom of contract established by law and examples of such limits were given. It is concluded that the legislation excludes the possibility of legal abuse of rights during negotiations, conclusion of the contract and its implementation by either party. A comparative analysis was conducted between some agreements, which set certain limits and restrictions by law or the agreement itself. Interesting examples from the case law of both domestic and European (European Court of Human Rights) are offered, which clearly show that the Ukrainian judicial system ensures the exercise of free will, the ability to choose without external pressure as an important guarantor of human rights and freedoms, and protects the parties. , the right of which was violated by the contractors. Expressed his own opinion on the concept, components of the principle of freedom of contract.
INVALIDITY OF DECISIONS OF GENERAL MEETINGS OF SOCIETIES: ANALYSIS OF JUDICIAL PRACTICE
Authors:   Yaroslav Mudryi National Law University, Pecheniy Oleg , Vartovnik Oksana ,   Yaroslav Mudryi National Law University
Published: February 2021

The article examines the activities of companies, their bodies, disputes, delves in connection with the exercise of corporate rights, holding a general meeting, making decisions, appealing to the courts, as well as compliance with rules relevant to the founders and participants of companies. Disputed situations on observance of the procedure of convening and holding a general meeting, their influence on decision-making, their legitimacy are studied. Violated corporate rights of the participant are protected by invalidating the decision of the general meeting as the highest body of society. The article identifies the problematic aspects of disputes over the invalidation of decisions of the general meeting of companies. Some grounds for invalidating the decisions of the general meeting of companies are analyzed, the shortcomings of their legislative regulation and the peculiarities of practical application by economic courts of various instances, especially the court of cassation, are revealed. The study conducted in the article contains an analysis and generalization of judicial practice in resolving corporate disputes, which revealed inconsistencies in the approaches of courts to law enforcement, taking into account the position of the Supreme Court, which allowed to develop recommendations for improving judicial practice. Ukrainian corporate law leaves room for finding new solutions and ideas for protection in corporate relations, despite the latest legislative novelties. The article outlines the ways of development of judicial practice using, in particular, comparative law, dialectical and applied methods. Thus, the basis for improving the legal regulation of this category of corporate disputes should be the experience of the existing case law of the Supreme Court. Emphasis is placed on such problematic issues as to who can be the subject when applying to the court for invalidation of the decision, respectively, what is the range of plaintiffs and defendants, cases are presented and analyzed in which the plaintiffs are not only members but also their successors (heirs) . Peculiarities of application of special statute of limitations to claims in case of invalidity of decisions of the general meeting, especially in the context of application of special statute of limitations to the relations which have arisen earlier are investigated.
DETERMINATION OF A LAW APPLICABLE TO THE SUBSTANCE OF A DISPUTE BY THE ARBITRATION TRIBUNAL IN THE PROCESS OF RESOLUTION OF INTERNATIONAL COMMERCIAL DISPUTES
Authors:   F. G. Burchak Scientific-Research Institute of Private Law and Entrepreneurship of NALS of Ukraine, Nahnybida Volodymyr
Published: February 2021

The article examines the main approaches to the determination by the arbitral tribunal, in the absence of a choice of parties, of a substantive law applicable to the merits of a dispute, when resolving disputes in international commercial arbitration. It is noted that the three fundamental approaches to the establishment by the arbitral tribunal of the law applicable to the merits of the dispute include: 1) the application by the arbitrators of the principle of the closest connection; 2) recourse to conflict-of-laws rules that the arbitral tribunal considers applicable (indirect approach, voie indirecte) 3) granting arbitrators the right to directly establish and apply substantive law without resorting to any conflict-of-laws or rules (the so-called voie directe or direct approach). It is summarized that all of the above approaches are aimed at ensuring the compliance of the applicable substantive law established by the arbitral tribunal with the substance of the dispute and the subject of the contract, especially the first two related to conflict of laws – both with a specific reference to law, which has the closest connections with legal relations, and with the ability of the arbitrators to refer to other conflict-of-laws rules that it deems applicable. The difference concerning the third of the approaches, voie directe or direct choice of the applicable law, lies in the greater degree of freedom of the arbitrators in this matter, since the obligation of the arbitral tribunal to refer to the conflict of laws rules of a certain national system of private international law or transnational conflict of laws is generally eliminated. The author claims that the arbitral tribunal, depending on the approach adopted in the country of place of arbitration, whose mandatory provisions determine the procedure for the arbitrators to establish the applicable substantive law in the absence of a choice of parties, and the rules enshrined in the arbitration rules of the relevant institution, can either independently establish such a right (direct approach) or turn first to the definition of applicable conflict of laws rules, according to which the choice of substantive law will be made (indirect approach). Such conflict-of-laws links, as a rule, include: the principle of the closest connection, the country of the place of performance of the contract, the country of location of the party that must carry out significant performance, etc.
GAP IN THE LEGISLATION AND WAYS TO OVERCOME
Authors:   Yaroslav Mudriy National Law University, Dashkovska Olena , Demchenko Vasily ,   Yaroslav Mudriy National Law University, Yavorskyi Vitalii ,   Yaroslav Mudriy National Law University
Published: February 2021

The article analyzes the concepts of "gaps in law" and "gaps in legislation", outlines the general features of these concepts, identifies the main causes of the emergence and existence of gaps in legislation and law. Emphasis is placed on the fact that gaps in the law take place in the legal regulation of only those social relations that have the character of legal. The main ways to eliminate and overcome gaps are considered, their differences are considered, it is concluded that gaps in law and legislation can be overcome by analogy of law and analogy of legislation. The main characteristics of the application of these means of overcoming gaps are determined. Attention is paid to the analogy of law as an exclusive means of legal influence. It is noted that by means of analogy the rights are not eliminated, but only gaps in the law are promptly overcome. It is concluded that it is used only when it is not possible to find such a legal norm. The analogy of the legislation is considered as a specific means of making a legally significant decision in case of gaps in the legislation relating to the specific case. The conclusion about the universality of such a method is made. The basic principles of application of analogy of legislation are stated. It is determined that the analogy of the law applies to relations that are not regulated by law, but should be in the field of legal regulation. It is emphasized that the analogy of legislation is used mainly by judicial bodies in their law enforcement acts, usually to clarify and supplement legislative provisions in the areas of legal regulation, which have gaps. It is noted that the analogy must comply with the fundamental principles of law. It is noted that the analogy of law, as well as the analogy of legislation, are inherent exclusively in private law areas of legal regulation. The article concludes that gaps in law and legislation can be overcome by analogy of law and analogy of legislation, respectively. Certain postulates of application of these means are defined.
ANALYSIS OF LEGAL FORMS OF OPERATING CONTROL FOR ANTITRUST ACTIVITIES
Authors:   Antimonopoly Committee of Ukraine, Dudyk Inna
Published: February 2021

The focus is on the legal forms in the implementation of the Antimonopoly Committee of Ukraine of current control in the field of violations of competition law, in particular, control over the concerted actions of business entities (cartels). Such a form of current control of the Antimonopoly Committee as consideration of cases on anti-competitive concerted actions is analyzed in detail. Special emphasis is placed on the stages and sequence of implementation of current control, which begin with the adoption of the relevant order on the commencement of proceedings on anti-competitive concerted actions. Other stages of the current control are accompanied by the adoption of interim decisions by the Antimonopoly Committee of Ukraine on procedural actions to investigate the facts of the case, to provide evidence (inspections, seizures, seizure of evidence). The current control is completed by the adoption of the Committee's decision in the case on the merits of the issue. As a result of the analysis, it was also revealed that at the legislative level, the issues concerning the procedure for exercising certain important powers of the antimonopoly body remain unresolved. This primarily concerns the legal instability in the exercise of the Committee's right to request information, the right to receive explanations, the right to withdraw evidence during inspections, and so on.
THE FUNDAMENTAL HUMAN RIGHT TO A FAIR TRIAL AS AN OBJECT OF PROTECTION OF THE INSTITUTION OF LEGAL RESPONSIBILITY OF A JUDGE
Authors:   Lviv University of Business and Law, Skoromnyy Yaroslav
Published: February 2021

The scientific article reveals the key aspects of ensuring the fundamental human right to a fair trial as an object of protection of the institution of legal responsibility of a judge. It has been established that the basic principles of ensuring the human right to a fair trial are governed by the norms and provisions of such documents as: the Criminal Code of Ukraine, the Civil Procedure Code of Ukraine, the Code of Ukraine on Administrative Offenses, the Code of Labor Laws of Ukraine, the Law of Ukraine «On the Judicial System and the Status of Judges», Resolution of the Supreme Administrative Court of Ukraine of 15.09.2011 No. П/9991/335/11. It was found that the object of a disciplinary offense of a judge is a set of rights and duties of a judge to the legal and fair administration of justice and the fulfillment of other duties assigned to him by the judicial and procedural legislation. It was determined that today the judicial authorities in Ukraine have adopted and put into effect the Internal Labor Regulations of Courts. The functions of a judge's legal responsibility were considered and it was found that they are implemented at the general social level (they consist in achieving control over the judge's behavior in accordance with special legal norms), at the general legal level (they consist in the restoration of rights that were violated, and compensation for expenses incurred to restore rights, as a result of the commission of illegal actions by the judge; prevention of the commission of offenses by the judge; punishment of the judge and the imposition of restrictions on his rights on legal grounds as a result of the imposition of additional legal obligations on him), the level of aggregate (general) functions of legal responsibility (consists in the fact that legal responsibility judges acts as the basis of social development and is determined under the influence of the development of legal norms) and the level of special functions of bringing a judge to legal responsibility (consists in exercising influence on the regulation of legal relations between a judge and society). It has been proven that the key functions of a judge's legal responsibility are the punitive function, protective function, preventive function and the function of ensuring the activity of the judge and his behavior in accordance with special professional standards. It is proposed to conduct a comprehensive study of the problems of ensuring human rights to a fair trial, based on the peculiarities of bringing a judge to legal responsibility for unfair, illegal and unjust in violation of the standards and requirements for fulfilling official duties, with the prospects for further research.
CONTROL FUNCTIONS OF THE LOCAL COMMUNITY OF THE CAPITAL OF UKRAINE - THE CITY-HERO KYIV IN THE SPHERE OF LAND RESOURCES
Authors:   Scientific Institute of Public Law, Chepov Oleksii
Published: February 2021

The article implements the purpose of reviewing and systematizing and outlining the problems of control functions of the territorial community of Kyiv, which can be implemented by the local government - Kyiv City Council in cooperation with the Kyiv City State Administration. It is noted that the problems of legal relations in the field of land resources become especially large if they are implemented in the capital of Ukraine. The point of intersection of private financial resources, local and state public interests and related investments - the capital is also a place of realization of the rights of the territorial community to a comfortable and healthy living environment, satisfaction of their property, cultural and educational interests. It is obvious that the special status of the capital of Ukraine - the hero city of Kyiv requires special, more complex mechanisms of control in the field of land relations by the territorial community, in order to rationally and legally overcome potential conflicts between the interests of the community and individual stakeholders as private. , and the public interest, which is to obtain and exercise the right of ownership and use of land. It is established that the powers of local governments in the field of regulation of land relations are exercised on the basis of a significant array of bylaws of the Kyiv City Council. It is stated that a significant number of conflict issues related to illegal construction, preservation of unique forests within the city require appropriate legislation that would make the powers of the Kyiv City Council to control the acquisition and use of land within the city really effective and wider, than in other local governments to balance the interests of state power and the associated critical pressure of capital on land use in the city, and the interests of the local community.
PUBLIC ADMINISTRATION AS AN ORGANIZATIONAL AND LEGAL MEANS OF PROTECTION OF PROPERTY RIGHTS
Authors:   Scientific Institute of Public Law, Binko Ihor
Published: February 2021

The article explores the idea that public administration can act as an independent means of protection of civil rights, complementing such tools as civil law types of protection of rights, which consist in proving the legality of possession of the property itself. Protection of property rights is traditionally considered a field of private law, built on the principles of respect for private property, equality of arms, independence of the court and a fair settlement of legal disputes. It is stated that, unlike civil law methods of protection of rights, public administration as a method of protection of rights is aimed not at protecting the issue of legality of possession but at protecting the registration record from wrongful distortion. A large array of rules on the protection of private property is of a public law nature and is associated with the administration of relevant records. It is argued that from the point of view of protection of property rights, in particular property rights to real estate and their derivatives - the rights of the mortgagee, rights of claim, which are notarized, etc., the activities of state bodies are an organizational means of protecting such rights in the form of public administration. Publicity means that any decisions regarding changes in registered rights are made in public and, in accordance with the procedures provided by law, become public property, including stakeholders and an indefinite number of entities. It is determined that the essence of administration is that rights are protected on a procedural basis and the need for certain legal preconditions for making a management decision on changes in registered rights cannot be replaced by other legal preconditions, or a decision cannot be made without sufficient legal grounds.