bluuebunny/crossref_metadata_2025 huggingface dataset:
Exemption from liability under Article 79 of the United Nations Convention on Contracts for the International Sale of Goods: general characteristics and conditions of application
Authors: Horobets I.M.
Published: September 2024

The article examines the issue of the exemption from liability under Article 79 of the United Nations Convention on Contracts for the International Sale of Goods. This provision is crucial in international trade, as it outlines conditions under which a party may be exempted from liability for non­performance due to «impediments beyond his control». The study is particularly relevant in light of the 2022 Russian invasion of Ukraine, which disrupted many international contracts.
The article discusses the multifaceted nature of «impediments» that may qualify for exemption, including natural disasters, political upheavals, and unforeseen legal restrictions. It emphasizes that for an exemption to be valid, the impediment must be beyond the party’s control, unforeseeable, unavoidable, and directly causing the non­performance.
Key judicial decisions are reviewed, including the case of Scafom International BV v. Lorraine Tubes S.A.S., where the court defined the notion of «impediment» as changed circumstances that have made a party’s performance a matter of economic hardship or have increased the burden of performance of the contract in a disproportionate manner. Another case, the «Vine Wax» case, highlights the importance of the causal link between the impediment and the failure to perform.
The article also addresses the challenges in proving unforeseeability, often assessed using the «reasonable person» standard. This standard considers whether a «reasonable person» from a point of view of the defaulting party could have foreseen the initial or subsequent existence of an impediment.
In conclusion, the article suggests that while Article 79 provides a reliable framework for exemption from liability for a party, its application requires careful consideration of contractual obligations, trade practices, and the specific circumstances surrounding the impediment. It advocates for clearer guidelines and consistent judicial interpretations to aid in the uniform application of Article 79 across different legal systems.
The concept of vulnerable groups in international and national law
Authors: Kondur V.A.
Published: September 2024

This scientific article is dedicated to the analysis and elucidation of the theoretical aspects of understanding the legal definition of «vulnerable population groups» and examining the evolution of its legal entrenchment in international and Ukrainian national law.
The relevance of this topic is justified by the fact that the future of a modern state depends on the well-being of its most vulnerable population groups and their opportunities for safe existence and development. It is also noted that the legal status of the most vulnerable population groups significantly differs in the modern world.
The article concludes that international law offers a traditional contractual approach to vulnerable population groups, whereby states are obliged to create mechanisms that ensure the protection of their rights.
Based on the analysis of several international documents, it is concluded that the concept of «vulnerability» is not clearly defined in the legal acts of modern international law, with the foundation being the factor that determines vulnerability. It has been proven that neither international legal acts nor domestic acts provide an exhaustive list of vulnerable groups and the criteria for their vulnerability. There can be countless criteria for the classification of vulnerable population groups.
It is shown that the international legal protection of each vulnerable group of the population has its specificities.
It was concluded that the essence of the definition of «vulnerable population groups» allows to determine the list of persons who can be combined into a certain group based on the relevant characteristics. Such population groups are known to the entire world community and their various degrees of vulnerability are recognized by each state.
It is emphasized that modern states must independently resolve the issue of applying the concept of vulnerability and creating a system for protecting the rights of vulnerable population groups that corresponds to national interests and international law.
States are called upon to ensure the rights of vulnerable population groups through their normative legal entrenchment and the creation of an effective mechanism for their implementation and protection. In national law, the legal definition of «vulnerable population groups» is defined by the Law of Ukraine «On Social Services».
Legal aspects of compensation for damages caused by abuse of a dominant position in the European Union
Authors: Tabachuk N.
Published: September 2024

The article is dedicated to the study of the issue of compensation for damages caused by violations of competition law within the European Union. The author analyzes the main provisions of Directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014 on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union, as well as the case law of the Court of Justice of the European Union concerning compensation for damages caused by an undertaking in a dominant position. The article addresses problematic issues that were either not sufficiently covered or only fragmentarily outlined in the provisions of Directive 2014/104/EU, but which were clarified in the preliminary rulings of the Court of Justice of the European Union.
The author pays particular attention to issues relatedtotheimplementationofDirective2014/104/ EU by the Member States of the European Union and evaluates the progress of its implementation. Additionally, based on the analysis of the case law of the Court of Justice of the European Union, the article reflects the key positions of the Court of Justice of the European Union regarding clauses on the choice of court/jurisdiction in the context of claims for damages caused by abuse of a dominant position. Specifically, the article highlights the approaches of the Court of Justice of the European Union concerning the determination of the place related to the occurrence of consequences of illegal behavior in the form of abuse of a dominant position.
Furthermore, given that claims for damages caused, in particular, by the abuse of a dominant position can be filed both without a prior decision of the competition authority establishing a violation of competition law and after the adoption of the relevant decision by the competition authority, the author reveals problematic issues regarding the disclosure of evidence contained in the materials of the competition authority’s case and analyzes the main levels of protection of evidence contained in the materials of the competition authority’s case as reflected in Directive 2014/104/EU. The author finds that the provisions of directive in question are not aimed at resolving all issues that may arise in private enforcement, but considering the positions of the Court of Justice of the European Union during the reform of domestic competition law will allow for the full implementation of the provisions of the aforementioned directive.
Evolution of the role of the Council of the National Bank of Ukraine and the Chairman of the National Bank of Ukraine in terms of strengthening the independence of the National Bank of Ukraine
Authors: Naturkach R.P.
Published: September 2024

The article is devoted to the study of the evolution of the role of the Council of the National Bank of Ukraine and the Chairman of the National Bank of Ukraine in terms of strengthening the independence of the National Bank of Ukraine.
It was established that during 1999-2023, the range of subjects entrusted with the main task of the National Bank of Ukraine was changed - currently it is entrusted only to the Council of the National Bank of Ukraine, there were changes in the legal norms that determined the composition and procedure of forming the composition of the Council of the National Bank of Ukraine of the Bank of Ukraine, the term of office of the chairman of the National Bank of Ukraine was extended and the law was changed, which established the requirements for acceptance and dismissal from the position of the chairman of the National Bank of Ukraine - the requirements for this subject of law were strengthened.
It has been established that the evolution of the role of the Council of the National Bank of Ukraine in terms of strengthening the independence of the National Bank of Ukraine is manifested in the fact that it was followed by the Parliament of Ukraine in a special law - the Law of Ukraine “On the National Bank of Ukraine” with the following powers: development of the main principles of monetary policy and implementation of control over the conduct of monetary policy; supervision of the internal control system of the National Bank of Ukraine.
It is noted that the requirements of the legislation of Ukraine regarding the incompatibility of the position of a member of the Council of the National Bank of Ukraine with other types of his activities are currently debatable.
It has been established that the evolution of the role of the Chairman of the National Bank of Ukraine in terms of strengthening the independence of the National Bank of Ukraine is manifested in the fact that the Parliament of Ukraine, in a special law - the Law of Ukraine “On the National Bank of Ukraine”, changed the term of office of the Chairman of the National Bank of Ukraine, established legal norms that strengthen the requirements before his acceptance into office and dismissal from office, it is prohibited for the Head of the NBU to have a representative mandate/hold the position of head of a state authority or other state body (provided that one year has not passed since the day of dismissal from such a position), or to be the head of a political party or a member of the governing bodies of a political party, or be a manager/member of the governing body of a legal entity (with the exception of the NBU), or be a direct or indirect owner of any number of shares (parts, shares) of a legal entity.
Social and legal ideal: philosophical and legal dimension
Authors: Koval I.M.
Published: September 2024

The article is devoted to the philosophical-legal dimension of the socio-legal ideal in the context of the influence on this process of personal values and ideals, which are the basis for the criteria for measuring and perceiving socio-cultural and state-legal ideals.
It is emphasized that the socio-legal ideal is not stable and universally accepted, even within one, specific legal system, because it is natural for social groups to unite on the basis of many factors, in particular, on the common understanding and recognition of a certain system that forms the socio-legal ideal.
It was found that the social and legal ideal is formed on the basis of a person’s perception of society through value attitudes and orientations formed during life. Within the limits of a specific society, such an ideal is a vector for the development of a state-legal society based on universal human values, as well as a basis for the development of the state in the international legal space according to the norms of natural law embodied in positive law.
It is emphasized that with the development of civilization, the social ideal also changes, because humanity strives to improve its existence within the limits of the state-legal space. The norms of natural law, which are the basis not only of the world structure, but also of the ideal coexistence of mankind, remain unchanged.
Through his value attitudes and orientations, a person expresses his attitude to the surrounding world, to the prevailing system and order. It is important that from an early period of socialization, universal human values are instilled in the child, on the basis of which his worldview and social ideals will be formed in the future.
The future generation of citizens is educated on the social and legal ideal that prevails today in a specific state society, and not only our present, but also the state and legal development of our descendants will depend on what idea we put into this phenomenon.
The attention is focused on the fact that in the modern world the issue of global social and legal ideals, which influence the consciousness and perception of local groups of the general foundations of the formation and development of the state-legal society, is being actualized.
Compensation for destroyed real estate objects due to hostilities, terrorist acts, and sabotage
Authors: Kroytor V.A.
Published: September 2024

The article is devoted to identifying the features of compensation for destroyed real estate objects due to hostilities, terrorist acts, and sabotage. The civil liability of the state as a subject of responsibility is analyzed in the work. It is determined that the civil liability of the state can be divided depending on the legal status of the state: the liability of the national state; civil liability of a foreign state; liability of the aggressor state. The judicial practice of Ukraine is based on the fact that Russia’s consent to be brought as a defendant in cases of compensation for material and moral damage is not required. At the same time, another state must consent to participate in such procedures. It is formulated that within the framework of compensation relations for damaged and destroyed real estate objects due to hostilities, terrorist acts, and sabotage caused by Russia’s armed aggression against Ukraine, this compensation is not civil liability. It is emphasized that the Ukrainian state independently compensates for the losses incurred by individuals to protect public relations, ensure human rights, and property turnover. The compensation of this damage is the basis for addressing the aggressor country with a demand for reparations for such damages. It is determined that compensation relations apply exclusively to residential real estate objects and their owners or managers. This approach is somewhat narrow, but it indicates that the state primarily supports the social direction regarding the housing provision of individuals, as housing need is a basic human need. Prospective areas of scientific research in this direction include the justification of compensation to legal entities, the identification of features of the civil process concerning the protection of individuals’ rights in compensation payments. Overall, Ukrainian legislation requires further updating in the area of procedures for compensation for destroyed/ damaged real estate.
Criticism of the institution of copyright through the prism of Anglo-American philosophical and legal thought
Authors: Yuzvyk I.
Published: September 2024

It is indicated that at the current stage of the development of world legal opinion, the United Nations Educational, Scientific and Cultural Organization officially defines that «the basic theoretical basis of copyright is the need to provide humanity with the results of knowledge, and, therefore, there is a clear need to encourage the desire to knowledge by rewarding those who introduce it to other people.»
The article examines the criticism of the copyright institution from the perspective of Anglo-American philosophical and legal thought, as well as alternative models of legal regulation of intellectual property proposed in American academic circles, including the concept of free culture and the open access movement. The article analyzes the main views and theories of the past and present that criticize copyright. The doctrine of Proudhon, the most famous opponent of literary property in the 19th century, is considered, and the views of leading American copyright critics are analyzed, who argue that this institution is incompatible with modern society, which is dominated by technology. They argue that the rigid framework of copyright inhibits innovation and creates obstacles to the free exchange of information in the age of artificial intelligence. Among such critics, the work of L. Lessig, one of the most influential contemporary thinkers in the field of intellectual property law, stands out. Lessig’s scientific work focuses on copyright issues in the digital era. He proposes to reform the existing system, emphasizing the need to balance the interests of creators and society. Lessig actively promotes the ideas of free culture and open access, arguing that they will contribute to a more equitable and efficient distribution of information. The article examines in detail Lessig’s arguments for copyright reform, as well as their possible consequences for society and culture. The analysis of Anglo-American philosophical and legal thought demonstrates that copyright reform is a necessary step to achieve a balance between protecting the rights of creators and ensuring free access to knowledge and information for society.
The mechanism for ensuring rights and freedoms of internally displaced persons by local self-government bodies
Authors: Selikhov D.
Published: September 2024

The article examines the mechanisms of ensuring the rights and freedoms of internally displaced persons (IDPs) by local self-government bodies in Ukraine. As a result of the armed conflict in the east of the country and the annexation of Crimea, the number of IDPs has increased significantly, which creates serious challenges for the state and society. The author analyzes the legal framework that regulates the rights of IDPs, including the Constitution of Ukraine, the Laws “On Ensuring the Rights and Freedoms of Internally Displaced Persons” and “On Local Self­Government in Ukraine”, as well as international regulations. Practical mechanisms for ensuring the rights of IDPs are considered, including the provision of housing, medical care, access to education and employment. Various forms of temporary and permanent housing provided to IDPs are described, including rental of state and municipal housing, construction of housing complexes for displaced persons, and subsidized mortgage lending programs. Ways to provide IDPs with access to medical services, including primary medical care, specialized medical services and psychosocial support, are analyzed. Programs for the integration of IDP children into local schools and kindergartens, as well as support for immigrant students in higher education institutions, are being considered. Measures to promote the employment of IDPs, including programs for retraining, vocational training and support for small businesses, are being studied. Particular attention is paid to the problems and obstacles faced by IDPs and local self-government bodies. The main challenges were identified, including: the lack of necessary funds at the local level for the implementation of IDP support programs, complex assistance procedures that complicate IDPs’ access to necessary resources, and problems of IDPs’ integration into local communities, including social tension and discrimination. The author offers recommendations for overcoming these problems, emphasizing the need for active cooperation between state bodies, public organizations and international partners. The importance of developing comprehensive support programs, including financial assistance, simplification of administrative procedures, as well as measures to promote the social integration of IDPs into local communities, is emphasized. Attention is focused on the need to strengthen the legal protection of IDPs and develop long-term strategies to ensure their rights and freedoms. Thus, a comprehensive analysis and practical recommendations are offered aimed at improving the mechanisms for protecting the rights and freedoms of internally displaced persons in Ukraine, which is extremely relevant in modern conditions.
Peculiarities of application of the simplified mechanism of land privatization
Authors: Sokol M.V.
Published: September 2024

The scientific publication provides a comprehensive study of the legal grounds which entitle subjects of land relations to the right to implement a simplified mechanism of privatization of state and municipal land plots. The author identifies the main differences between the simplified and the full privatization model.
Considerable attention is paid to the right to use a land plot which allows for a free simplified privatization procedure, which means the right of permanent use and lifetime inherited possession of the allocated land plot of state and municipal property by citizens, which arose on the basis of the relevant title documents and was subject to inheritance. The author provides a list of title documents certifying this right.
The author analyzes the court practice in cases involving the allocation of land to members of a farm and concludes that each member of this legal entity, regardless of the status of the founder or chairman, and the term of membership, has the right to privatize a land plot under the simplified privatization procedure within the area which was transferred for permanent use. The author proves that the same right may be exercised by members of horticultural associations.
The author emphasizes the need for legislative consolidation of a clear legal structure for registration of private ownership of land shares (units), depending on the stage of exercise of the right by the subjects. It is considered expedient to exclude the stage of granting consent by the authorized body to transfer the share to private ownership, since this object is not in communal or state ownership.
The author establishes that the object of the statute of limitations is an individually determined land plot, the boundaries of which were formed in the course of land use, i.e., in the course of a legal custom applicable to land law. The user of such a plot is included in the circle of entities entitled to privatization in accordance with Art. 118(1-2) of the Land Code of Ukraine.
Based on the law enforcement activities and regulations, the author identifies the features which are characteristic of the object of the simplified mechanism of land plot privatization.
Functions of judicial enforcement: administrative and legal aspect
Authors: Doyar E.O.
Published: September 2024

In the article, the author analyzes the available scientific approaches to understanding the concept of «function» in general and to those related to law enforcement by objects and subjects, in relation to which their functions are distinguished. In particular, the author summarizes the understanding of the meaning of the concepts of «functions of law», «functions of the state», «functions of law enforcement», «functions of the court», «functions of justice», and directs his scientific research to the study of the specifics of the separation and interpretation of the content of the functions of law enforcement, which is carried out a special entity - the administrative court and courts whose competence includes consideration of cases on administrative offenses. The author’s understanding of the functions of judicial enforcement in the order of administrative proceedings and judicial proceedings in cases of administrative offenses, the consideration of which is assigned to the competence of the court, is offered as possible options for the influence of the court’s activity on the administration of justice (consideration of administrative cases and cases of administrative offenses), law enforcement acts of the court on the behavior persons under private and public law. The author notes such common ways of highlighting the functions of judicial law enforcement in scientific and other sources as their characteristics: through the disclosure of the content of generalized categories («functions of the state», «functions of law», etc.); through disclosure of the content of categories closer to judicial law enforcement, in particular: a) through detailing (clarification, highlighting the specifics) of law enforcement functions in general (including the law enforcement function and the function of individual legal regulation); b) due to the detailing (emphasis on specificity) of the functions of the subject of application - the court (including, among others, the restoration of the violated rights of individuals and legal entities; control over legality in the country; guaranteeing
Having studied the content of concepts related to the functions of judicial law enforcement, the author emphasizes that any legal concepts with the component «function» combine such characteristics as «activity», «dynamics», «possibility of influence for the purpose of change», etc. Most of the functions that are outlined in scientific sources as «functions of law» have a manifestation, and, therefore, can be simultaneously recognized as functions of judicial law enforcement, which is carried out in the order of administrative proceedings and judicial proceedings in cases of administrative offenses (those cases whose consideration is assigned to the competence of the court). Among such functions, the author singles out informative, indicative, preventive, educational and communicative functions, and also emphasizes the special role of protective and protective functions of judicial law enforcement.
Modern interpretation of the phenomenon of "globalism" through the prism of legal and institutional transformations
Authors: Zakharov V.O.
Published: September 2024

The article examines the main general theoretical constructions regarding the understanding of the phenomenon of “globalism”.
It is noted that despite the significant scientific interest in the problem of defining the nature of globalization and, in fact, globalism as a phenomenon that accompanies it at every stage of development, there is no clear identification of its categorical and content component in the scientific literature. It is clarified that this does not allow to fully and exhaustively determine its essence. It is proposed to identify globalization as a regular objective process that contributes to the opening of opportunities and the development of society, from the point of view of a socio-political phenomenon that unites around a common goal a large number of actors capable of transforming the potential of global interactions into a practical plane. At the same time, globalism is defined from the point of view of subjectivism, which consists in changing the paradigms of thinking and behavior of an indefinite circle of individuals based on the development of global transformations.
It is clarified that globalization as a process provokes corresponding changes, and globalism as a corresponding concept of “thinking” has: 1) determine the mechanism of implementation of these changes; 2) identify and predict the most likely scenarios of results and consequences from their systematic implementation; 3) to develop communicative and informational interactions capable of effectively adapting the existing state to the desired (necessary).
It is summarized that the modern ideology of globalism foresees the need to calculate the influence of global processes on the mechanisms of social development, the administrative context of state formation and the development of international relations in order to ensure the possibility for relevant subjects to adapt and adapt their strategies and policies to the desired model of jointly coordinated integrated development.
It was determined that Ukraine’s path to the formation of an effective, legal, democratic and developed state runs closely through globalism, which, in turn, gives impetus to the implementation of international standards, the right choice of innovation and investment development and the construction of an effective system of public affairs management.
Genesis of the concept of constitutional liability
Authors: Grygorenko A.
Published: September 2024

The article examines the structure of the legal liability concept, genesis of the relevant institute of law. It can be traced from various sources, for example: from legal systems, moral principles, etc. Legal systems are the basis of any properly organized societies, a set of interdependent and coordinated legal means and social relations. There are: the national legal system of Ukraine, the supranational legal system of the European Union, and the religious systems. Moral principles are the basic foundation of the idea of general human behavior, on which the principal, most important moral norms are based, and the spirit of the law and its letter are derived from these norms.
Liability in law is defined as the application of state coercive measures to the guilty person for the committed offense. It is considered obligatory to have negative consequences for the offender. However, according to this definition, the process of restoration of the violated right is not provided, which is crucial. Liability must cause legal damage, burden the offender as a means of education and is by no means limited to the forced fulfillment of a single obligation that he or she did not voluntarily fulfill for some reason.
The author also surveys the term «constitution» in different periods of its use. Its historical origins, in particular, in the Ancient World are exemined.
Also, among other things, the author considers the question of the origins (sources) of not only legal but also other types of social liability. The considered documents are: Athenian Politics, Corpus Juris Civilis, constitutional acts of Great Britain, Apostolic (Papal) Constitutions, etc.
The main conclusions of the study are as follows:
The sources of both legal and other types of social liability are weighed.
The author offers his own comprehension of the public-private approach to the constitutional liability institute and a periodization of the constitutional tort (delict) understanding in Ukraine.
It is emphasized that the Ukrainian doctrine, its approaches and vision differ from the approaches used in the USSR or currently used in the Republic of Poland or other EU Member States.
Analysis of the practice of applying punishment for human trafficking
Authors: Andrushko A.V.
Published: September 2024

Based on the analysis of 80 convictions that have entered into force, adopted by the courts of first instance for the period from 2020 to 2024, the article establishes the peculiarities of the application of punishment for human trafficking. For this purpose, data on 103 people convicted of this crime have been summarized.
The peculiarities of the courts’ consideration of the identity of the perpetrator, the circumstances that mitigate and aggravate the punishment are clarified, attention is drawn to the main mistakes that occur in this case.
It was established that 96,1% of persons convicted of human trafficking were sentenced by the court to imprisonment. Four (3,9%) convicts (in all cases convicted under Part 2 of Article 149 of the Criminal Code of Ukraine) were sentenced by the courts to a fine (in order to impose a milder punishment than provided for by law). Six (5,8%) convicts were sentenced to an additional punishment in the form of confiscation of property.
It was found that the minimum term of punishment in the form of imprisonment for a certain period for human trafficking reached 2 years (in the order of imposing a milder punishment than provided for by law), the maximum - 8 years. For the most part, the courts imposed punishment in the form of imprisonment for a term of 5 years, which thus allowed them to release the convict from serving a sentence with probation. Attention is also drawn to the fact that the maximum term of punishment imposed by the court in the form of imprisonment (8 years) is the minimum term of this punishment provided for by the sanction of Part 3 of Art. 149 of the Criminal Code of Ukraine. In this regard, it is concluded that Ukrainian legislator and domestic courts have different assessments of the social danger of trafficking in human beings.
It was established that only 15 persons (14,6%) were sentenced to serve their sentences, the remaining 88 persons (85,4%) were released from serving a sentence on probation (Article 75 of the Criminal Code of Ukraine). Attention is drawn to the fact that only 11 people were sentenced to imprisonment for a certain period of time with its actual serving (out of 99 people to whom the court imposed this punishment), while a fine was applied to the rest. Thus, not even every seventh offender is sentenced to actual serving a sentence for human trafficking, and only every ninth person is sentenced to imprisonment with actual serving it.
It was shown that decisions to release a person from serving a probationary sentence are often not supported by proper arguments or the relevant arguments are unconvincing due to their formal nature.
Preventing military criminal offenses (in the context of Articles 402, 407, 408 of the Criminal Code of Ukraine)
Authors: Kolomiiets N. , Sosiedka S.
Published: September 2024

The article is devoted to the problems of prevention of military criminal offences in Ukraine in the context of the full-scale invasion of the Russian Federation into the territory of Ukraine. The author analyses the existing approaches to the definition of the concept of «military criminal offence» in the criminal law system of Ukraine and offers the author’s own definition. The author examines the peculiarities of military crimes and their difference from war crimes. Attention is focused on the negative impact of military criminal offences on the combat capability of the Armed Forces of Ukraine, discipline and order in the troops, as well as on the security of the State as a whole. The author highlights the problems of prevention of military criminal offences under martial law. The current legislation of Ukraine on military criminal offences is analysed.
The author examines the ways of preventing military criminal offences, including national and individual measures, taking into account the specifics of wartime. National measures include strengthening national unity and patriotism, ensuring social protection of servicemen and their families, raising the level of legal awareness of the military and improving the military justice system. Individual measures include identification of high-risk servicemen, psychological work and individual educational work. It is emphasized that the ways to prevent the commission of military criminal offences in today’s conditions require adaptation to the realities of wartime. The author identifies the priority areas of prevention of military criminal offences in wartime, which are aimed at strengthening the combat capability of the Armed Forces of Ukraine and ensuring the stability of the State in the context of a full-scale invasion. The author emphasises the importance of an integrated approach, coordination of efforts of all responsible structures and support of society in combating military criminal offences.
International standards for the protection of the rights of convicts and prisoners
Authors: Olefir L.
Published: September 2024

The article researches international standards for the protection of the rights of convicts and prisoners. It was determined that international standards for the protection of the rights of convicts and prisoners are a set of norms and principles established by international organizations, which determine the minimum requirements for the treatment of persons in places of deprivation of liberty, which must be observed in the countries that are parties to the relevant international treaties for ensuring the appropriate level of protection of their rights. It was noted that the standards of the international mechanism for the protection of the rights of convicts and prisoners establish specific criteria and norms that must be observed in different countries to ensure an adequate level of protection of the rights of people who are in places of imprisonment. It is emphasized that, depending on the classification and type of standards, they have a universal, regional, mandatory, advisory, general and specialized character, and are applicable to different categories of convicts and prisoners. It is substantiated that thanks to the implementation of international standards for the protection of the rights of prisoners to the legislation of Ukraine and the practice of penitentiary activities, positive changes have been noted in this area: a number of reforms aimed at humanizing the system of execution of punishments, including reducing the number of convicts and prisoners by introducing alternative types of punishment, have been implemented , such as probation; state bodies monitor compliance with the rights of convicts and prisoners, includingthrough cooperation with international organizations such as the Committee for the Prevention of Torture of the Council of Europe; the living conditions of convicts and prisoners were improved in penitentiary institutions; educational and vocational training programs are implemented, which help convicts and prisoners acquire new skills and prepare for reintegration into society after release; the cooperation of the penitentiary system with non­governmental organizations is developing through the implementation of joint projects, monitoring, legal assistance and advocacy, etc.
Criminology characteristics of hooliganism
Authors: Tolkach A.
Published: September 2024

The article provides a criminological characterization of hooliganism, criminal liability for which is provided for in Article 296 of the Criminal Code of Ukraine. It is noted that hooliganism refers to criminal offenses against public order and morality and is expressed in clear disrespect for society, accompanied by particular insolence or exceptional cynicism. Hooliganism can consist of causing bodily injuries, beating victims, damaging other people’s property, and interfering with the normal functioning of public institutions. The author notes that there is no exhaustive list of hooligan actions, therefore the presence of specific illegal actions is decided in each specific case.
A criminological characterization of hooliganism was carried out on the basis of criminological indicators (quantitative and qualitative indicators: level of crime and criminal record, dynamics, structure; personality of the criminal; gender; time of committing the criminal offense).
The author used statistics provided by the Office of the Prosecutor General indicating the number of registered criminal offenses qualified under Art. 296 of the Criminal Code of Ukraine for 2023. It has been established that the number of registered cases of hooliganism has increased 12.5 times since the beginning of 2023. Statistical data on hooliganism, which were analyzed for the first four months of 2024, concluded that there has been a constant dynamics of growth of this offense in the current year.
After researching such a crime as hooliganism, four categories of persons were distinguished: persons who previously committed criminal offenses; a group of persons who have committed criminal offenses; persons who committed hooligan acts while intoxicated; minors involved in criminal offenses. The most alarming situation is with persons who commit hooliganism while under the influence of alcohol: a constant increase indicates that a high percentage of illegal actions are committed under the influence of alcohol.
On the basis of the conducted research, we created a portrait of the criminal hooligan’s personality. This is a male person aged from 18 to 30 years old, who has a secondary education, is unmarried, has no previous convictions, is unemployed, is not financially secure, is dissatisfied with his social status, has a superior and contemptuous attitude towards others.
It was concluded that today, hooliganism is one of the most common criminal offenses against public order and morality, which threatens society and requires special attention from law enforcement agencies.
Penal systems in the criminal law of Ukraine and the USA: comparative legal analysis
Authors: Shyshenko A.
Published: September 2024

This scientific article carefully examines the differences in the penal systems of the criminal law of Ukraine and the United States. The content of the article is focused on the comparison of different approaches to criminal liability, various types of punishments, their application in practice and general consequences for the criminal himself and society as a whole. The main goal of the study is to identify features and propose potential improvements to the Ukrainian penal system based on the experience of other countries, namely the US penal system.
In general, the Ukrainian penal system focuses on three main aspects: compensation for harm caused by criminal offences, correction of the offender’s deviant behaviour, and prevention of recidivism through rehabilitation measures. Moreover, the criteria for classifying such measures of state coercion and the characteristic features of each group are highlighted.
The US system, especially at the federal level, is characterised by a complex and diverse range of punishments. This structure is a result of long historical development and the accumulation of practical experience over centuries. In the context of our research, it was revealed that the US places greater emphasis on maintaining public order, preventing crime, and rehabilitating offenders. Despite this, some US states retain the practice of capital punishment for particularly serious crimes. However, this type of punishment is used extremely rarely and only in exceptional circumstances, confirming its exceptional nature.
The comparative legal analysis allows us to identify advantages and disadvantages in both systems, as well as to establish effective methods of punishment, which can contribute to the further improvement of the system of punishment for criminal offences in both legal systems. The significance of this article lies in its analytical and comparative approach, which facilitates the identification of effective ways to improve Ukraine’s national legislation, taking into account best international practices and generally recognized standards.
“In memoriam”: композиторське бачення В. Сильвестрова і М. Попова
Authors: Хмилюк Тарас Васильович , Щітова Світлана Анатоліївна
Published: September 2024

У статті, на прикладі сучасних композиторів, висвітлено тенденції в духовній музиці України перших десятиліть XХI століття. Дослідження присвячено крупним творам вокально-хорового жанру, що містять у своїй назві латинське слово-фразу “in memoriam” («у пам’ять<…>») – “In memoriam” Валентина Сильвестрова для хору a cappella (2020 рік) і “Messa in memoria” Миколи Попова для солістів, хору й оркестру (2017 рік). Якщо у М. Попова слово “memoriam” додається до чітко визначеного композитором жанру меси, то у В. Сильвестрова ознаки жанру приховані узагальненою назвою “In memoriam”, хоча за своєю структурою твір цілком витриманий у традиціях реквієму:із дев’яти частин п’ять відповідають структурі реквієму (№ 1 “Requiem”, № 2 “Lacrimosa”, № 4 “Requiem aeternam”, № 5 “Agnus Dei”, № 7 “Lacrimosa”). Обидва твори репрезентують характерні особливості композиторського бачення за звернення до одного спільного слово-образу “memoriam”. Закцентовано увагу на конкретних підходах у вибудові композиторами музичної форми меси/реквієму, як жанрів рецептивних, суб’єктивному баченні їх у поєднанні латинської, старослов’янської й української мов. “Messa in memoria” М. Попова, присвячена пам’яті дружини композитора, репрезентує авторське розуміння концепції традиційної меси, суб’єктивує його і фокусує на особистих переживаннях. “In memoriam” В. Сильвестрова присвячено пам’яті не окремої близької людини, але масових жертв подій Революції гідності 1914 року. Поєднує весь твір загальна образно-змістова атмосфера глибинної ліричності, рефлексивності та молитовності. Звідси включення в контекст духовного твору жанрів елегії та молитви – «Святий Боже», «Отче наш», «Молитви за Україну». Обидва хорові твори В. Сильвестрова та М. Попова, засновані на семантиці “in memoriam”, викликають інтерес як слухачів із виконавцями, так і науковців, тож заслуговують на подальші дослідження.
XV–XVI століття – доба народження тромбона як ансамблевого та оркестрового інструмента
Authors: Ісень Чжоу
Published: September 2024

Глибокий аналіз використання тромбона в інструментальній музиці ХV–XVI століть, проведений крізь призму ретроспективного погляду, дозволяє зробити висновок, що розвиток мистецтва оркестрового виконання на тромбоні визначено історією оркестрової музики, як і розвиток усієї інструментальної культури. Етимологічний аналіз назви інструмента в різних європейських мовах дав під час дослідження інформацію про історію самого інструмента. Етапи еволюції тромбона в ансамблі й оркестрі підпорядковані такій логіці: зародження ідеї використання тембру тромбона і перші спроби її реалізації; період експериментування та рідкісного застосування: окремі випадки застосування; багаторазовість і наступна за нею функціональна стійкість застосування; відбір найкращих форм застосування та поступове зникнення старих; загальне вживання, як наслідок стійкої повторюваності. У контексті цих етапів церковне та світське ансамблеве музикування поступово привело до концертного, що послугувало мотивацією до професійного опанування інструмента та подальшої професійної виконавської діяльності. Завдяки спільним успіхам інструментальних майстрів і виконавців, які «переконали» композиторів-новаторів у виразності тембру, шляхом постійного пошуку нових можливостей інструмента та підвищення рівня виконавської майстерності, здійснювалося природне географічне розширення використання інструмента. Він включався в різні за складом інструментальні ансамблі. Розвиток методики навчання гри на тромбоні був супроводжуваний поступовим становленням різних виконавських шкіл і технік. Цей процес був особливо активним у часи бароко та класицизму. За цих часів виникли важливі терміни та концепції, як-от «барокова техніка гри», «струнка виразність» і «декоративний підхід до фразування». Регулярне включення тромбона в ансамблеву музику дозволило йому відігравати важливу роль у музичних ансамблях. Цей інструмент переживав еволюцію від складів епохи Ренесансу до барокових, класичних і, нарешті, романтичних оркестрів. Важливими чинниками цього процесу були розвиток техніки гри, розширення репертуару для тромбона, а також його тісна взаємодія з іншими інструментами в оркестровому контексті.
Підготовка майбутніх бакалаврів музичного мистецтва до формування музично-естетичної культури школярів
Authors: Цзябінь Ван
Published: September 2024

У статті наведено матеріали дослідження щодо підготовки здобувачів вищої мистецько-педагогічної освіти – майбутніх бакалаврів спеціальності 014 Середня освіта (Музичне мистецтво), до формування музично-естетичної культури учнів закладів загальної середньої освіти (ЗСО) Китаю та України. Представлено сутність явищ духовної культури, художньої культури та музично-естетичної культури в науковому дискурсі; уточнені поняття підготовки та підготовленості майбутніх бакалаврів даного профілю; визначена сутність явища підготовленості майбутніх бакалаврів музичного мистецтва до формування музично-естетичної культури школярів Китаю та України у складних соціокультурних умовах постінформаційного суспільства та глобалізації; пропоновано рекомендації щодо досягнення означеної підготовленості здобувачів, а саме стосовно: модернізації освітнього процесу на відповідних мистецько-педагогічних факультетах; опанування здобувачами продуктивних педагогічних технологій, поширених у світі, зокрема інноваційних мистецько-педагогічнихи технологій; укріплення навчально-матеріальної бази означених факультетів, зокрема, комп’ютерною технікою та сучасним програмним забезпеченням для більш ефективної аудиторної роботи та педагогічної практики здобувачів у закладах загальної середньої освіти; суттєвого покращення якості педагогічної практики здобувачів.