bluuebunny/crossref_metadata_2025 huggingface dataset:
Legal status of the intergovernmental organization of the Danube Commission in the conditions of technical progress of shipping
Authors: Shevchuk A.
Published: April 2023

The article presents the legal status of the international intergovernmental organization of the Danube Commission. The Convention on the Regime of Navigation on the Danube in 1948 defined the institutional and legal structure of the DC, which is an integral feature of any international intergovernmental organization and is determined by its purpose, functions and tasks, which were set by the member states in the founding act of this organization. In its work, the DK relies on the rich historical experience of regulating shipping on international rivers in Europe. The priority areas of its activity are the unification of regulatory acts for navigation on the Danube, promotion of improvement of navigation conditions and improvement of shipping safety, creation of other conditions for the integration of the Danube into the European system as the main transport route. Ukraine is a full member of the international intergovernmental organization DC. The basis is the acquisition of membership in the international intergovernmental organization of the Danube Commission of Ukraine in accordance with the Decree of the Presidium of the Verkhovna Rada of the Ukrainian SSR dated February 18, 1949 "On the ratification of the Convention on the Danube Navigation Regime dated August 18, 1948. There are problems related to shipping and ecology, so it is necessary to clearly define the levels of certain regions and sections of the Danube River, namely the improvement of navigation conditions and improvement of navigation safety. Also, certain ecological restorative measures should be proposed in order to prevent the loss of ecological status. With the help of joint projects, opportunities for improving environmental and shipping conditions should be identified. The Danube Commission is designed to determine the prospects for more active development of trade and transportation on the Danube and the technical progress of shipping, the creation of other conditions for the integration of the Danube into the European system as the main transport route. Shipping is regulated by various international legal and national instruments, in particular, guaranteeing the safety of shipping. The updated version of the "Plan of the main works aimed at achieving the recommended dimensions of the navigation, hydraulic and other structures on the Danube River" and the issue of assisting the national administrations of waterways in carrying out annual hydraulic works were considered.
The mechanism of influence of the information space of the Internet on the illegal behavior of minors
Authors: Bezpalov R.
Published: April 2023

The information space of the Internet network has a double character: on the one hand, it provides enormous opportunities for socialization and personal development, and on the other hand, it creates problems related to the use of information resources by criminal elements. The greatest criminogenic danger is represented by social networks, specialized sites and anonymous Internet spaces, the main audience of which are minors.

The modern architecture of the Internet information and telecommunications network with its general accessibility, openness, necessity, decentralization and anonymity gives users a feeling of invulnerability, which allows them to spread harmful content and commit actions that violate the norms of national and international law. This combination leads to the fact that the Internet becomes one of the most powerful tools of criminalization and victimization of minors, which indicates the criminogenic potential of the Internet as a tool for spreading prohibited information.

To form a certain stereotype of thinking on the Internet, special psychological technologies are used, such as: distraction or concentration of attention, creation of illusions of perception, mental simplification, limitation of material, distortion of facts, emotional incitement, etc.

The most powerful means of influence in the information space of the Internet are films, online videos, jokes, anime and clips, which convey to the audience not dry facts, but through bright images, emotional characters, exciting plots, dictate certain models (stereotypes) of behavior and lifestyle paradigms.

With the help of the content of the Internet, takes place popularization and adaptation of criminal norms and values, propaganda of the consumption of alcohol, narcotic drugs, psychotropic and new potentially dangerous psychoactive substances, sexual promiscuity, extreme and pathological manifestations of human sexual orientation, frank encouragement of the widespread use of profanity and other forms of profanity, the formation of legal nihilism.
General theoretical analysis of the legal personality of associations of legal entities
Authors: Bortniak V. , Tsomra V.
Published: April 2023

The article is devoted to the analysis of complex systems of legal entities with the possibility of "delegation" of legal personality, such as the association of legal entities. The difference between the association of legal entities as a subject of law and as a process is highlighted.

The basic features of associations of legal entities that influence the volume and content of the legal personality of such entities are determined, such as: the presence of a separate legal entity, a special subjective composition of the founders of associations of legal entities, special method of creation, special the legal personality of the founders and the association itself. The complexity of the legal institute of legal personality of associations of legal entities is substantiated. The author describes the process of delegation of the legal personality of the founders - legal entities to the association, the distinction between "own" and "delegated" legal personality of the association of legal entities is described and their relationship is described. A comparative analysis of the possibility of "delegating" the legal personality of legal entities to public and private law is carried out.

The author defined the features of the legal personality of the associations of legal entities of public law: both the founders and the association itself. The example of a separate association of legal entities of public law shows the level of loss of legal personality by the founders and the impact on them of the association itself, which is due to a significant social need. Another example describes the unification of local self-government bodies, where there is no loss of legal personality by founders, but on the contrary expands at the expense of new opportunities for such an association.

The main types of associations of legal entities and differences in the volume and content of the legal personality of founders and association are described. The main disadvantages of understanding and application of the investigated institute in Ukraine are considered and compared with similar European law institutes.

In the conclusions to this article, the author substantiates the relevance and necessity of further research in this area, as well as the necessity of reforming the national legislation and the need to bring it to the generally accepted standards.

In general, the author carried out a comprehensive analysis of special forms of legal personality on the example of associations of legal entities.
Features of the application of measures ensuring criminal proceedings in the process of crim-inal procedural evidence
Authors: Bespalko І.
Published: April 2023

Based on the analysis of the features of the normative regulation of the application of measures ensuring criminal proceedings, the publication comments on a number of norms of the Code of Criminal Procedure, which fix the features of the application of measures ensuring criminal proceedings in the process of criminal procedural evidence during preliminary investigation, as well as proposed approaches to eliminating their shortcomings. The emergence of criminal proceedings on the basis of agreements is a novelty both for the criminal procedural law of Ukraine and for the procedural activities of the pre-trial investigation bodies and the judicial system.

This institution is comparable new to criminal litigation, its mechanism has not been worked out by case law and has not been sufficiently explored by academic doctrine yet. Due to this, the misunderstanding of the nature, content, meaning, and consequences of reaching an agreement on reconciliation or an admission of guilt in the case of committing crimes among the participants of the criminal proceedings still exists; there are also cases of misapplication of the law by investigators, prosecutors and judges in such proceedings that lead to appeals against court sentences, create unnecessary red tape and do not have a positive effect on victims, defendants and the justice system in general.

The main approach to the issue's review in the given article is to carry out a critical analysis of the norms of the current legislation governing the features of criminal procedural proof during proceedings on the basis of agreements. There are critical remarks regarding the order of the normative regulation and the use of certain measures ensuring criminal proceedings as methods of collecting and verifying evidence. The materials of the article represent both theoretical and practical value. They can be used for further scientific research on the features of the application of measures ensuring criminal proceedings in the process of criminal procedural evidence, as well as for the proper understanding and implementation of law-enforcement criminal procedural activities.
Criminal proceedings without the accused in court: definition, characteristics and purpose of functioning
Authors: Spora G.
Published: April 2023

Every rule-of-law state sets before itself the obligation to protect the rights and freedoms of persons who are on its territory, as well as the interests of society from criminal offenses. However, in practice, there are rare cases of hiding the accused from the administration of justice, which definitely complicates the state's performance of the above-mentioned tasks. In connection with this, in many countries there are various mechanisms for consideration of a criminal case without the personal participation of the accused in court.

The article examines the peculiarities of the emergence of such a mechanism in Ukraine, the introduction of the "in absentia" institute, its peculiarities and the purpose of its functioning.

Among the tasks of criminal proceedings, established by Art. 2 of the Criminal Code of Ukraine, along with the need to ensure a quick, complete and impartial investigation and trial, so that everyone who committed a criminal offense was held accountable to the extent of his guilt, no innocent person was charged or convicted, no person was subjected to unjustified procedural coercion and that the proper legal procedure was applied to each participant in the criminal proceedings, the legislator established the protection of the person, society and the state from criminal offenses, as well as ensuring the protection of the rights, freedoms and legitimate interests of the participants in the criminal proceedings.

At the same time, the relevance of such a study is substantiated not only by relatively new legislative changes, but also by the political situation on the territory of our country, since due to the conduct of military operations in Ukraine, there is an urgent need for a fair trial of criminal proceedings, recording of crimes and the circumstances of their commission, bringing guilty persons to justice to the responsibility and protection of the rights and interests of the victims.

In the period of military aggression of the Russian Federation against Ukraine, an important task is to bring guilty persons who try to avoid punishment to responsibility for committing crimes. An effective way to achieve this goal is to conduct a trial of criminal proceedings without the participation of the accused in the court session.
Implementation of children's right to work by involving them in artistic, sports and advertising events
Authors: Mokrytska N.
Published: April 2023

In the article, a comprehensive study of the legal conditions and the procedure for involving children in artistic, sports or advertising events is carried out in accordance with the provisions of international legal standards, the legislation of Ukraine and the countries of the European Union, proposals are made to improve national legislation in order to effectively implement the labor rights of children.

The topicality of the topic is due to the fact that the European integration processes continue in Ukraine. Therefore, a number of important changes have been implemented in the labor legislation over the past few years, which are aimed at establishing the freedom and safety of work. Nevertheless, the problem of protecting and protecting the labor rights of underage workers requires increased attention given the fact that in Ukraine there is practically no procedure for involving children in cultural, artistic and other similar activities, in sports competitions on the basis of an employment contract.

The purpose of the conducted research was to contribute to the deepening of scientific views on the problem of ensuring the safety and health of children through the prism of the possibility of their work on the basis of an employment contract.

On the basis of international legal standards and the legal regulation of child labor according to the legislation of the European Union, it is recommended to introduce a norm into the legislation of Ukraine, which provides for the possibility of involving the labor of children in artistic, sports and advertising events, under the age of 14, with the consent of the service for children's affairs in the event of an appeal by parents or legal representatives. The basis for issuing a temporary permit by the children's affairs service is proposed to be considered a petition letter from the employer specifying the working conditions and Conclusions on the state of health, physical and mental development of the child in a medical and preventive institution, which are submitted for consideration by parents or legal representatives. must be submitted by parents or legal guardians. The children's affairs service must carry out a comprehensive assessment of the relevant measure and check whether it can cause harm to the health, physical, mental, spiritual, moral and social development of the child. Before making a decision, the children's service must talk to the child.
Legal platform for the participation of the defense counsel during the pre-trial investigation of the People's Deputy of Ukraine
Authors: Hryhoruk V.
Published: April 2023

The article outlines the legal basis for the participation of a defense attorney  during a pre-trial investigation of a People's Deputy of Ukraine. The relevance of the chosen topic lies in the fact that the participation of the defense attorney during the pre-trial investigation of the people's deputy of Ukraine is regulated by the legal acts of the state. However, there are cases when the defense counsel is allowed to violate certain legal rules. Lack of experience in providing protection of persons in certain categories of criminal violations, or a separate category of persons to whom a special procedure of criminal proceedings is applied; untimely familiarization with changes in domestic legislation; artificial obstruction of the defender's activity by pre-trial investigation bodies, etc. are determinants of objective and subjective reasons. Such non-observance of legal acts of the state may be accompanied by ineffectiveness of providing protection, representation and provision of legal assistance to the People's Deputy of Ukraine during the pre-trial investigation against him, as well as the removal of such a defense counsel. An appropriateness of forming the legal basis for the participation of a defense attorney during a pre-trial investigation against a People's Deputy of Ukraine contributes to their correct theoretical understanding and practical application. The purpose of the scientific article is to define and highlight the legal basis of the participation of the defense counsel during the pre-trial investigation of the people's deputy of Ukraine.

On the basis of the conducted research, the author came to the following conclusion: the participation of a defense attorney during a pre-trial investigation of a People's Deputy of Ukraine is regulated not only by the Criminal Procedure Legislation of Ukraine and special laws, but also by decisions of the Constitutional Court of Ukraine, resolutions of the Plenum of the Supreme Court, the practice of the European Court of Human Rights and departmental by legal acts of the authorized bodies of the state concerning their activities.

The legal basis for the participation of a defense attorney during the pre-trial investigation of a People's Deputy of Ukraine is the system of legal rules enshrined in the criminal procedural legislation of Ukraine, as well as the provisions of the decisions of the Constitutional Court of Ukraine, the resolutions of the Plenum of the Supreme Court and separate provisions of the practice of the European Court of Human Rights and other departmental legal acts of the authorized bodies of the state, by which the defense counsel is guided in his activities during the protection, representation and provision of legal assistance of the representative of the Ukrainian people in the Verkhovna Rada of Ukraine elected in accordance with the Law of Ukraine "On Elections of People's Deputies of Ukraine".
Effectiveness of the implementation of the specialization of prosecutors on the example of specialized environmental prosecutor's offices
Authors: Chechersky V.
Published: April 2023

According to the Resolution approved last year at the 48th session of the UN Human Rights Council, safe, clean, healthy and sustainable natural environment is recognized as a separate human right.

The need to protect the environment is one of the tasks not only of the authorized bodies of state supervision (control), but also of law enforcement agencies, in particular the prosecutor's office. At the same time, the peculiarities of Ukraine as an industrial state with significant reserves of minerals, the constant development of legislation on the legal regulation of legal relations in this area require a special approach from law enforcement officers, which allows for appropriate specialization.

The article examines the issue of the expediency of introducing thematic specialization in the system of prosecutor's offices. It was determined that specialization can be carried out according to functional, generic, branch or thematic characteristics, each of which must solve its own special tasks.

The introduction of thematic (subject) specialization can be caused by the determination of an additional priority in the activities of the prosecutor's office, a significant difference in the legal regulation of a certain range of legal relations, the latest challenges and needs of society, etc.

The reasons for reviving the activities of units in the system of prosecutor's offices responsible for environmental protection are indicated, including those related to society's expectations.

The role and place of specialized environmental prosecutor's offices in the prosecutor's office, the scope of their powers are indicated.

Based on specific examples, as well as the analysis of reports on the work of the prosecutor in the field of environmental protection in recent years, conclusions have been drawn about the effectiveness of the introduction of thematic specialization in the prosecutor's office.

In addition, it is substantiated that the introduction of thematic specialization in a specific area allows comprehensively solving the tasks assigned to the prosecutor's office in this area.
International legal aspects of the use of marine cables and pipelines
Authors: Bilotsky S.
Published: April 2023

The article deals with the international legal status and regime of cables and pipelines in maritime spaces. The legal regime of submarine cables and pipelines is a part of international and, in relevant areas, national law. At the international legal level, it is primarily represented by universal international conventions, but some issues of their functioning are regulated only by national law. In the UN Convention of 1982, the rules on the laying of submarine cables and pipelines, on the one hand, and the rules on types of maritime activities, on the other, which are objectively in competition with each other, are not always hierarchically subcontracted. At the same time, priority is always given to regulations on the protection of the marine environment. This has important practical significance for the purposes of predicting the outcome of international disputes arising between a coastal state and another state in connection with the laying of submarine cables, their maintenance in proper condition, especially in environmentally sensitive areas.

The 1982 Convention, considering the legal regime of underwater pipelines and cables, does not specify which ones are: telephone, fiber optic, oil, gas, etc. That is, the purpose for which they are used has no significance for the legal regime. The legal regime when laying and using underwater cables and pipelines depends on the legal regime in which they are used.

In internal waters, when laying and using underwater cables and pipelines in them, the requirements of the laws and regulations of the coastal state must be observed. In the territorial sea, the coastal state has the right to regulate the laying, maintenance and repair of submarine cables, to impose restrictions on the right of peaceful passage of ships in order to protect submarine cables. In the exclusive economic zone and the continental shelf, one of the freedoms of the high seas comes into effect: the right to lay cables and pipelines, but in its implementation laws and regulations issued by the coastal state must be taken into account, which must be compatible with the norms of the 1982 Convention. In the high seas the right to freely lay underwater cables and pipelines has been established.
EU member-state responsibility before individuals for breach of EU law
Authors: Vodyannikov O.
Published: April 2023

The purpose of this Article is to investigate the process that led to the principle of EU member-state responsibility for infringement of EU law, the content of the said principle, and related conceptual and practical approaches as they have been established in the ECJ case law. EU founding treaties do not provide for member-state responsibility for damage caused to individuals by breach of EU law. Principle of member-state responsibility has been established in ECJ case law in joint cases C-6/90 and C-9/90 Francovich. However the Court rather shortly amended the Francovich standard. What fundamentally differentiates Francovich and the standard announced in joint cases C-46/93 and C-48/93 Brasserie du Pêcheur is the sufficiently serious breach criterion which approximates member state responsibility to the EU responsibility standard.

The article offers an overview of these changes in ECJ case law and conceptualisation of EU member-state responsibility criteria (confer rights on individuals, sufficiently serious breach, and direct causal link criteria). In its subsequent jurisprudence.

The article argues that the Court treats the member-state responsibility as extraordinary remedy for sufficiently serious breach of EU law. Therefore, unlike under the initial Francovich approach, not all infringements of EU law give rise to member-state responsibility before private individuals – such responsibility arises only for “sufficiently serious” breaches. The articles dwells upon reasons for such fundamental changes in Court’s jurisprudence. It concludes that such changes purport to strike a fair balance between rights of individual affected by a member-state’s infringement of EU law and inherent member-state’s margin of appreciation in making policy choices.
The evolution of the development of international investment law
Authors: Dir І. , Kropova A.
Published: April 2023

The article summarizes the evolution of the development of international investment law as a separate branch of international law. In particular, the formation of investment law was analysed, starting with its origin in the period before our era and before its separation into a separate legal science. It was found that the first elements that characterize direct foreign investment appeared in Phoenician times and developed with the creation of the Silk Road, which connected the countries of the East with the Roman Empire and later grew into the development of seafaring and as a result of international trade. In addition, it was analysed that the second stage of the development of direct foreign investment was the period of the development of colonies, when the metropolis mercilessly exploited the resources, including human resources, of its dominions for several centuries. During this period, the first multinational company appeared, and it was found that the branching of international investment law into a separate science was suspended. It was also revealed that the need to separate international investment law was first discussed in the 18th century, when the Treaty of Friendship, Commerce and Navigation between France and the USA was concluded. However, until the Second World War, scientists did not reach an agreement, because there was no urgent need for this. In addition, it was analysed that the beginning of the separation of international investment law into a separate science was the period of the disintegration of colonialism and the declaration of independence among these countries. It was also determined that with the acquisition of sovereign status, these countries faced the need to regulate relations with other countries, including those related to investments. However, this did not contribute to the separation of international investment law into a separate science. Accordingly, it was found that in the mid-1960s, the UN General Assembly began to develop resolutions whose main purpose was to regulate investment relations between countries, which became the impetus for the separation of international investment law.
Responsibility for violations of international humanitarian law
Authors: Tsevukh A. , Yakymchuk M. , Hradiska Yu.
Published: April 2023

Turning to history, it can be stated that all the time, mankind has experienced wars from time to time, both in the Antiquity, the Middle Ages, and the New Age, and even in the Modern Age. Note that the article examines the role of international humanitarian law and its influence on the world order, as well as the facts of the responsibility of some countries for crimes committed by them against other countries and their peoples. All international humanitarian law is built precisely on the fact that it is formally the "law of war", according to which the international community can at least somehow democratize and reduce the existing fact of war itself, for example, in the matter of prisoners of war, which appear in large numbers at the time of a country's military confrontation , and therefore it is necessary to regulate their rights in the captivity of the enemy and ensure their humane treatment towards them (Geneva Convention on the Treatment of Prisoners of War dated August 12, 1949). In our opinion, modern international armed conflicts are quite often started by the aggressor state without any announcement, as it happened in our case, and are carried out with the help of non-traditional forms of warfare. Note that in one case, wars cause the migration of entire peoples from one region to another, which causes economic and political instability, in the other - the almost complete destruction of a nation in the course of hostilities (The Thirty Years' War in Europe from 1618 to 1648, during which almost all of the hostilities were fought on the territory of modern Germany, as a result of which it lost 70% of its population, which was exterminated by the armies of other countries, and the economy of the German principalities was destroyed. With the consequences, the German people fought until the end of the 19th century). Therefore, the very fact of the emergence and continued improvement of international humanitarian law is one of the most important components that can ensure a decrease in the number of wars and related atrocities.
Criminal enforcement policy of Ukraine: state and trends
Authors: Vasylevich V.
Published: April 2023

The article is devoted to the issues of formation and development of the criminal enforcement policy of Ukraine at the current stage of its formation as the legal system of the state. Politics reflects the principles, strategy, main directions and forms of achieving social goals facing society, its political and power structures. It is worth noting that the goal of social policy has a complex hierarchy, which depends on the nature and orientation of the activity of the state and the bodies related to the implementation of this activity. In addition, the criminal enforcement policy in Ukraine directs the activities of the state and its relevant bodies to the prevention of crimes and other offenses, because their timely prevention and termination, the realization of  the responsibility of persons who committed crimes, the execution of punishment for the convicted and the achievement of its goals.

At the same time, the policy in the field of execution of criminal punishments is a logical reflection of the general and criminal policy of the state, a manifestation of the state strategy for ensuring national interests and public safety, a necessary element of expressing the attitude of the state and society to crime, the possibility of fighting it, and maintaining law and order. Regulation of the norms of criminal law enforcement, norms of criminal legislation in terms of the appointment and execution of punishments are always correlated with actual changes in the types and methods of committing crimes, the general dynamics and state of crime in a certain period, modern internal and external criminological threats.

As part of the criminal enforcement policy, the main directions, forms and methods of execution of punishments, the application of other measures of a criminal law nature, the provision of corrective influence on convicts, the interaction of the system of execution of punishments with other state bodies and public formations are developed.

State policy in this area is multifaceted and, first of all, it defines the foundations of criminal policy, which is based on the objective laws of the development of society, the direction of activity of state and public bodies to protect the interests of the people from criminal encroachments, the implementation of measures of state coercion against persons, who committed them, as well as measures to prevent crimes. The goals and objectives of modern criminal enforcement policy are based on the international community’s provisions on the treatment of convicts, relevant international acts, and scientific achievements.
The modern legal definition of a young specialist: a look through the methodology of scien-tific research in the field of law
Authors: Kovalenko O. , Golovan T.
Published: April 2023

The purpose of the article is to characterize the modern legal definition of a young specialist through the prism of the methodology of scientific research in the field of law. It is noted that at all times one of the most urgent problems of the state that needed to be solved was the problem of employment of graduates of educational institutions. Because it is precisely this category – representatives of the youth - who most acutely felt the various changes that were taking place in the economy, politics and, accordingly, resolved the issue of their choice of life path, the results of which reflected on the future of the state. It is noted that to date, changes have been made to the legislation regulating the legal status of a young specialist, but the problem of the definition of a "young specialist" has been solved by them, unfortunately, there were no current scientific studies that would consider this problem. Attention is focused on the fact that guarantees of youth labor rights, being important ways of implementing the state youth policy, have a positive effect on the process of youth socialization, however, their effectiveness largely depends on the legal certainty of the category to which these guarantees are provided. Therefore, a rule of law containing a definition of a concept must be qualitative, based on the needs of practice and the results of modern legal science, in particular methodology, as its component. It is concluded that high-quality legal regulation takes place in the case when legal norms are formed taking into account the achievements of modern science, based on its methodology, which allows obtaining high-quality results in the form of high-quality legal norms, clear and understandable, which form a single legal mechanism that allows it is possible for individuals to exercise their rights without hindrance. In the course of the conducted research, it was established that the modern legal definition of a young specialist through the methodology of scientific research in the field of law, at the moment, does not differ in those qualities that would indicate high-quality legal regulation, and therefore needs updating. The author provided suggestions for improving the current legislation regarding the definition of the concept of "young specialist".
Legal regulation of professional development of civil servants
Authors: Lutsenko O.
Published: April 2023

The purpose of the article is to clarify the peculiarities and identify the problems of the professional development of civil servants and to provide scientifically based proposals for their solution. It is noted that the current crisis in Ukraine, as well as the need to comply with the standards of the European Union, the constant restructuring of workplaces in combination with the need for continuous professional development of civil servants, requires the formation of an effective legal regulation of the professional development of civil servants and a mechanism for them to implement their obligation for continuous professional training . The work argues that the career of an employee consists of a succession of positions in the hierarchy, which is the result of acquired experience, during practical activities and continuous professional development. Career or professional development is a more complex process than education, aimed at acquiring knowledge, both for current and future positions, throughout the life and development of a civil servant. The author is convinced that the Ukrainian labor market should choose the most effective way to identify, attract and support professionals with exceptional skills and/or professional experience. The article notes that civil servants often do not have sufficient information and knowledge to respond to a specific situation, so in such circumstances training is vital for civil servants. Therefore, the professional development of civil servants is a continuous process that, accordingly, requires proper legal regulation and a mechanism for its implementation, which means that in order to develop these best and effective recommendations, thorough scientific and practical research of these issues is required. Civil servants can exercise their right to vocational training through: (1) training; (2) professional development; (3) internship; (4) self-education. The author proves that the mechanism of implementation of the right to professional training by civil servants fails in practice. Although the current legislation guarantees the preservation of the position and earnings during the study, it is not uncommon for employees to be denied their preservation. The fact of passing advanced training, internship, etc. must be taken into account when evaluating the results of civil servants' official activities.
The Rise of the Meritocracy
Authors: Barrera Yamila
Published: April 2023

El texto retoma la novela The Rise of the Meritocracy, escrita por Michael Young y publicada en 1958, con el fin de pensar la categoría «meritocracia» y la noción de mérito, tanto en la ficción como en la actualidad. Desde ese plano, el análisis aporta conceptos vinculados a las matrices aristocráticas, los poderes hegemónicos y las representaciones que permiten reflexionar sobre los discursos políticos y las legitimaciones construidas desde el sentido común.
El concepto de competencia digital docente: revisión de la literatura
Authors: Verdú-Pina María , Lázaro-Cantabrana José Luis , Grimalt-Álvaro Carme , Usart Mireia
Published: April 2023

La incorporación de las tecnologías digitales en la enseñanza ha evidenciado la importancia de la competencia digital docente (CDD) como elemento clave para formar a los ciudadanos del siglo XXI. La CDD es una competencia compleja y no resulta sencillo encontrar una definición que recoja la globalidad del término. En este artículo se presenta una revisión sistemática de la literatura con base en el modelo de la Declaración PRISMA, donde se analizan las definiciones de la CDD presentes en 31 publicaciones con el objetivo de identificar sus similitudes y diferencias, y revisar su relación con las dimensiones que la componen. Los resultados muestran un desequilibrio en la presencia de sus dimensiones, destacando la ausencia casi generalizada de la dimensión relacional, ética y seguridad. Se concluye con la propuesta de una definición integradora de la CDD que permita a docentes y entidades educativas conocer el alcance de esta competencia profesional.
DETERMINASI VARIABEL MAKROEKONOMI TERHADAP IHSG
Authors: Ganani Ahmad Revo , Mandai Syafri , Octaviani Dian
Published: April 2023

Penelitan ini bertujuan untuk mengetahui pengaruh Inflasi, BI7DRR, Indeks LQ45, Harga Emas, dan Neraca Perdagangan terhadap Indeks Harga Saham Gabungan (IHSG). Penelitian ini dilakukan dengan mengakses website bi.go.id dan www.idx.co.id. Untuk data IHSG, Indeks LQ45 diambil dengan mengakses www.idx.co.id dan untuk data Inflasi, BI7DRR diakses melalui website bi.go.id. Untuk data Neraca Perdagangan diakses melalui website bps.go.id. Dan untuk data Harga Emas di ambil dengan mengakses website harga-emas.org. Penelitian ini menggunakan analisis data time series menggunakan metode PAM (Partial Adjusment Model) untuk dapat mengetahui pengaruh variabel independen terhadap variabel dependen. Penelitian ini di olah menggunakan software analisis E-views 12. Penelitian ini memiliki sample sebanyak 44 sampel dan periode yang dimulai dari bulan Januari 2019 hingga Agustus 2022. Hasil penelitian ini menunjukan bahwa variabel BI7DRR berpengaruh negatif signifikan terhadap IHSG dan LQ45 berpengaruh positif signifikan terhadap IHSG. Sedangkan, variabel Inflasi, Neraca Perdagangan, dan Harga Emas tidak berpengaruh terhadap IHSG.
ANALISIS STRATEGI USAHA SOTO LAMONGAN NING ALVI
Authors: Ika Nurrosikhah Putri Sandy  , Intan Tiur Nauli Pane  , Silfhia Mega , Salsabillah Amilawati  , Tiarapuspa
Published: April 2023

Penelitian ini bertujuan untuk mengimplementasikan strategi bisnis pada UMKM olahan makanan berkuah yang kaya akan rasa khas Nusantara dengan nama Soto Lamongan Ning Alvi. Strategi bisnis yang diterapkan menggunakan analisis Strength, Weakness, Opportunity, Threat (SWOT). Bisnis ini tidak hanya menerapkan satu strategi saja, melainkan menerapkan strategi lain dengan analisis metode IFE (Internal Factor Evaluation) dan EFE (External Factor Evaluation). Strategi berikutnya yaitu menggunakan pendekatan matriks SWOT. Pada hasil matriks SWOT memperlihatkan bahwa hasil pembobotan nilai yang memiliki kombinasi terbesar adalah Kekuatan dan Kelemahan sehingga strategi yang perlu dikembangkan oleh bisnis ini yaitu kombinasi antara kekuatan dan peluang pasar. Sedangkan hasil dari metode Internal Factor Evaluation dan metode External Factor Evaluation menjadi acuan strategi yang akan digunakan oleh kegiatan usaha yang berada pada tahap market development, market penetration, product development, dan backward integration.
KONSEKUENSI SOCIAL MEDIA ADVERTISING PADA TEH KEMASAN
Authors: Indra Nina , Kurniawati
Published: April 2023

Tujuan dalam penelitian yaitu untuk menganalisis konsekuensi social media advertising teh kemasan pucuk harum, teh kotak, dan fresh tea di Indonesia. Melakukan penyebaran kuisioner kepada 258 konsumen. Penelitian ini pengambilan sampel menggunakan non-probability sampling, pada penelitian ini menggunakan purposive sampling. Metode analisis data menggunakan structural equation modeling (SEM) dan software AMOS24. Hasil penelitian ini menampilkan bahwa variabel informativeness memiliki pengaruh negatif dan tidak signifikan,  sementara, entertainment, credibility mempengaruhi secara positif terhadap perceived advertising value. Perceived advertising value, dan brand awereness mempengaruhi purchase intention teh kemasan positif dan signifikan. Adapun saran untuk manajemen merek teh kemasan adalah untuk meningkatkan niat pembelian adalah dengan meningkatkan nilai iklan dan kesadaran merek pada konsumen teh kemasan.
FAKTOR-FAKTOR YANG MEMPENGARUHI AUDIT REPORT LAG PADA MANUFAKTUR DI INDONESIA DENGAN REPUTASI KAP SEBAGAI PEMODERASI
Authors: Christine Yos Febriani  , Juniati Gunawan
Published: April 2023

Bukti empiris yang dilakukan dalam penelitian ini menunjukkan profitabilitas, pergantian auditor, kompleksitas industri, reputasi KAP, ukuran dewan dan ukuran perusahaan. Tujuan kami adalah untuk mengidentifikasi dampak keterlambatan pelaporan sebagai variabel independen. Koefisien diterapkan pada variabel. Populasi yang digunakan dalam penelitian ini adalah industri manufaktur yang terdaftar di Bursa Efek Indonesia (BEI) antara tahun 2018 sampai dengan tahun 2020. Sampel yang digunakan dalam penelitian ini adalah 151 industri manufaktur. Metode pengambilan sampel yang digunakan adalah target sampling sebanyak 453 data dan analisis data menggunakan analisis regresi berganda. Hasil penelitian ini menunjukkan bahwa profitabilitas berpengaruh terhadap audit report delay. Di sisi lain, perubahan auditor, kompleksitas perusahaan, ukuran dewan, ukuran industri, diversifikasi kepemilikan, dan konsentrasi kepemilikan tidak mempengaruhi penundaan pelaporan audit.
EPISTEMIC INJUSTICE: AN EPIPHENOMENON OF ADVERTISING COMMUNICATION
Authors:   Kazan State Power Engineering University, Kazan, Russia, Vavilova Zh. E.
Published: April 2023

Abstract. Advertising as a simulacrum, an artifact of modern mythologized society has for a while been in the focus of philosophical research, but the phenomenon of epistemic injustice generated by advertising communication still requires reflection. The article reveals the role of advertising mechanisms in forming epistemic injustice in modern social landscape; the relationship between trust in advertising, its reliability and the development of epistemic virtue among the participants in the communication process is determined; the classical typology of epistemic injustice put forward by M. Fricker is further elaborated. The author comes to the conclusion that modern advertising generates a special type of epistemic injustice, affecting both the recipient of the message, who is always potentially deceived when in contact with advertising, and the informant, who suffers from identity prejudices and related testimonial injustice. The problem of the epistemological status of advertising becomes one of the epistemic virtue of the consumer, who must be able to correctly assess the context and take responsibility for the economic choice, since advertising as a communicative phenomenon a priori has the right to distort reality for the sake of survival of one of the elements of the business system and consumption in society as a whole. Current legislation which is designed to promote the rights of citizens to receive reliable information about products or services, does not guarantee the truth of advertising claims, as it is aimed at maintaining the dominant discourse, just like advertising. The way out of the situation of epistemic injustice seems to be switching from the experience of consuming advertising messages to the experience of consuming the product itself, cultivating acquired epistemic virtue and introducing a non-institutionalized form of social control that involves monitoring in order to detect false advertising and disseminating this information in the communicative space of the society of the post-knowledge era.
Guizhou Ethnic Groups in the Qing Dynasty Miao Albums: Miao, Yizu, Gelao
Authors: Zavidovskaуa E. A.
Published: April 2023

This paper aims to evaluate textual descriptions of Guizhou ethnic groups found in the Qing dynasty Miao albums as  a source for the study of history of large ethnic groups such as Miao, Yizu and Gelao. Two Miao albums about ethnic groups of Guizhou are housed at the library of Saint Petersburg State University, one of them has 72 descriptions with hand-drawn plates, only 28 out of 40 descriptions with plates remain in the other one. Among them are dozens of descriptions of Miao groups, several groups of Yizu, Buyi and Gelao, mainly with information on their costume and customs. Scarce information on history is found only in the descriptions of Yizu, since Yizu had been holding positions of localtusichieftains and had established their own polities which the Chinese empire was forced to interact with. Rare descriptions of Miao have mentions of historical events. This study traces the historical sources, starting from the Han dynasty, where information was borrowed from, for the Miao albums. The paper restores these pieces of information and provides a commentary. Apparently, the value of Miao albums is presented by their visual images of Guizhou people together with accompanying ethnographic notes rather than the historical accounts.
Description of the “Barbarians” in the Qing Dynasty Album “Pictures of Miao from the Entire Guizhou” (“Quanqian Miaotu”)
Authors: Kharitonova A. M.
Published: April 2023

The article examines the album “Pictures of Miao from the Entire Guizhou” (全黔苗圖 Quanqian miaotu, Xyl. F-27), stored in the St. Petersburg State University Academic Library. The key objectives of the article are to determine the place of the album in the Chinese tradition of describing foreigners; description of the source structure; as well as highlighting ethnographic and folklore information in the album about foreigners. The relevance of the study is seen in the timeliness of a comparative analysis of this album with similar copies stored in research centers around the world and studied over the past few decades. The author sets himself the task of studying this album and identifying its key features. The methodology uses historical comparative studies, which allows to come to general conclusions based on the material of several similar albums. The Album contains valuable ethnographic information about ethnic groups of Guizhou. Descriptions together with hand-written illustrations contain information about the location of particular ethnic groups, their traditional activities, household items, agriculture, clothing. Details concerning the religious activities and rituals reveal the specifics of different ethnicities. This paper discusses various funeral rites making it possible to look at the albums as a source for further research on these groups. Speaking of folklore, it reflects the realities of daily life; for example weaving, drums, birds, tigers are mentioned in the descriptions. Nevertheless, the similarity in linguistic and cultural forms in the Qing Albums and the folklore of the peoples of Southeast Asia can indicate the possibility of relationship and cross-borrowing between administrative documents (such as Albums) and folk narratives. The article is supplied with a table and illustrative material.