bluuebunny/crossref_metadata_2025 huggingface dataset:
Violation of human rights to access to cultural heritage during the Russian aggression against Ukraine
Authors: Varga T.M.
Published: November 2023

The article is devoted to the study of the right of a person and a citizen to use the cultural heritage of his people, to access cultural values. During the armed attack of the Russian Federation on Ukraine, from the first days of the active phase of the war, the world saw cultural genocide, intentions to destroy the Ukrainian nation, which, according to the aggressor, has no right to exist. The whole world witnessed the destruction by the aggressor country of our historical memory, which is represented in objects, traditions, crafts, etc. Cultural heritage is a living tradition that connects generations, forms the identity of the Ukrainian nation, and is the property of all mankind. The denial of the Ukrainian people's ownership of their cultural heritage, its destruction, the theft and appropriation of cultural values, the eradication of historical memory is a component of the Russian policy of destroying the identity of the Ukrainian people. Therefore, cultural heritage occupies a central place in the strategy of Russian aggression against Ukraine to establish historical, cultural and religious hegemony. It is the cultural heritage of Ukraine, in which our Ukrainian cultural code is reflected, that influences the formation of us as a nation, inspiring the defense of our country against the racists. This once again emphasizes that the preservation of cultural heritage sites during war or armed conflict is extremely important when there is a great threat of their damage, destruction or theft of cultural values by the enemy. The article analyzes international and national legislation regarding the preservation of the cultural heritage of the people and responsibility for its destruction during hostilities. Ukraine and, first of all, the international community should apply all instruments of international law in order to bring to justice both the aggressor state and individuals guilty of the destruction, damage and theft of cultural values of Ukraine, because, as noted at the beginning of the article, cultural heritage is property of all mankind.
The state as a special subject of constitutional and legal responsibility
Authors: Kudriavtseva O.M.
Published: November 2023

The article focuses attention on the role of the state in the implementation of Ukraine's foreign policy course - the acquisition of full membership in the European Union and the North Atlantic Alliance, as well as on the role of Ukraine in international cooperation aimed at preserving, maintaining and restoring peace, developing respect for human rights and fundamental freedoms to all. Attention is focused on the types of subjects of constitutional and legal relations, among which a separate group is the state, state authorities and local self­government bodies, their structural formations, in particular the parliamentary majority and the parliamentary opposition, parliamentary factions, committees, etc.; deputies, officials and officials. Attention is drawn to the common features of constitutional and legal responsibility and legal responsibility (responsibility is a consequence of an offense; it is related to the implementation of sanctions established by law). Emphasis is placed on the established doctrinal approach to the concept of constitutional and legal responsibility.

Part 2 of Art. 3 of the Constitution of Ukraine according to which the state is responsible to the person for its activities, as well as the provision «affirmation and provision of human rights and freedoms is the main duty of the state» and Art. 9, part 2 of Art. 55 of the Constitution of Ukraine, which guarantees everyone the right to appeal in court decisions, actions or inaction of state authorities, local self-government bodies, officials and officials, part 5 of Art. 55, which guarantees everyone the right, in particular, to apply to the European Court of Human Rights with an individual application against the state, art. 56 of the Constitution of Ukraine, which guarantees everyone the right to compensation at the expense of the state or local self-government bodies for material and moral damage caused by illegal decisions, actions or inaction of state authorities, local self-government bodies, their officials and employees in the exercise of their powers, the Convention on protection of human rights and fundamental freedoms, the Law of Ukraine «On the Implementation of Decisions and Application of Practice of the European Court of Human Rights», doctrinal approaches. Attention is focused on measures of a general nature.

The article argues that the state is a special subject of constitutional and legal responsibility. It is emphasized that the state bears constitutional and legal responsibility in the event of non­fulfillment of its obligations, if as a result of this harm is caused to anyone.
Methods of Russian information propaganda and their influence on the image of Ukraine in the world
Authors: Romtsiv O.I. , Kharchenko А.
Published: November 2023

This article is devoted to the definition and analysis of the main methods of Russian information propaganda and the study of their real impact on creating a negative image of Ukraine in the international community.

Analysis of the foreign press showed that the Western information space is a mixture of professional research, falsifications, propaganda, open manipulation and primitive claims. It is important to note that today there is a fairly large number of foreign publications which, while supporting the Putin regime, still consider Ukraine and Russia as inseparable objects and which almost always publish negative materials about Ukraine and its people. Such sources include some information resources of Serbia, France, Turkey, etc.

Western observers can obtain more objective and truthful information from official representatives of the state, diplomats, and from influential world publications that provide high-quality analytics and expert opinions. Through the websites of organizations that provide analytical and statistical materials. Also, well-known bloggers, openly declaring their political preferences and support, can shape the opinion of some people.

Among the main information methods used by Russia in the fight against Ukraine are the manipulation of history and current events, the distortion of historical facts and contemporary events, the creation of a negative identity of Ukraine in the eyes of the international public, speculation on facts, the production of fake news, etc.

In general, the spread of Russian propaganda about Ukraine has a negative impact on its perception in the world. And this, in turn, can create significant obstacles to the preservation and support of Ukraine's sovereignty, as well as its international integration. To combat this phenomenon, it is important to continue to strengthen international cooperation in the field of information security and to openly highlight facts and truthful information about Ukraine.
The role and importance of supervisory in joint-stock companies based on international corporate governance standarts
Authors: Shchoka S.V.
Published: November 2023

This article highlights the critical importance of the supervisory board in modern corporate governance mechanisms. Such mechanisms have become prevalent in many European countries, where they define the role of the supervisory board as an independent overseer, focused on monitoring the activities of the executive body.

The wide range of duties and competencies of the supervisory board is discussed, including strategic planning, oversight of executive directors, consideration of corporate decisions, and ensuring adherence to corporate standards. It's crucial to note that the primary mission of the supervisory board is to protect shareholders interests, guarantee their rights, and ensure transparency in the actions of the joint-stock company.

One of the key challenges the author examines is the dilemma of how executive managers perceive the supervisory board. Do they see this body as an ally that enhances work efficiency or as an obstacle in the way of making operational decisions? This aspect is vital for understanding internal corporate relations and the dynamics of interaction between management structures.

The article also focuses on the OECD principles regarding corporate governance, emphasizing the importance of an effective structure of the supervisory board. Particular attention is given to the role of independent non-executive members of the board, who can act as a «braking mechanism», ensuring objectivity, independence, and a critical perspective on corporate decisions.

In conclusion, in the corporate governance of joint-stock companies, the supervisory board emerges as a key element playing a strategic role in protecting shareholders' interests, ensuring transparency, objectivity, and accountability in company operations. The OECD principles underline the significance of including independent members in the supervisory board. This stance affirms the necessity to amplify the role and authority of the supervisory board in contemporary conditions, making the exploration of this issue particularly relevant and significant.
Peculiarities of administrative responsibility for violation of the migration regime in Ukraine
Authors: Baranenko D. , Nabokova O.
Published: November 2023

Modern international activity and globalization of processes in the sphere of socio-economic, cultural, and political relations inevitably affect the dynamics of migration flows throughout the world. Ukraine, as one of the important geographical, economic, and cultural bridges between Eastern and Western Europe, has witnessed significant changes in the structure and intensity of migration processes on its territory. This led to an increase in the importance of issues of migration regulation and ensuring compliance with migration legislation in Ukraine.

It is indicated that the study of this problem requires the study of various aspects, such as the types of violations of the migration legislation, the mechanisms of their detection and documentation, the rights and obligations of foreigners, as well as the effectiveness of the application of administrative sanctions. The issue of administrative responsibility for violations of the migration regime is important for ensuring compliance with legality and maintaining law and order in the field of migration, as well as in the context of Ukraine's international obligations.

However, together with the growth of migration flows, the number of violations of the migration regime also increases, which requires effective control and administrative responsibility. Violations of migration legislation can have serious consequences for the security, socio-economic development, and international relations of Ukraine. Therefore, the issue of administrative responsibility for violations of the migration regime is relevant and requires in-depth scientific analysis and research.

This scientific work is aimed at studying the peculiarities of administrative responsibility for violations of the migration regime in Ukraine. It examines various aspects of violations of migration law, including the types of violations, the legal framework, prosecution procedures, and the rights and responsibilities of foreigners and migration services in the context of administrative liability.

The study of this topic is important for understanding the modern challenges that Ukraine faces in the context of migration processes and for the development of effective strategies for regulating migration and ensuring security and law and order in this area.
Systemic and structural characteristics of the methods of protection when appealing decisions of subjects of authority in administrative proceedings
Authors: Gorbalinsky V.V.
Published: November 2023

The article, from the standpoint of a systemic approach, characterizes the methods of protection when challenging the decisions of subjects of authority in the administrative court of Ukraine. Approaches to classification have been studied. A classification of the methods of protection in case of appeal against the decisions of subjects of power in the administrative court of Ukraine is proposed. The article states that the study of methods of judicial protection when challenging the decisions of subjects of authority from the standpoint of a systemic approach will allow to reveal the entire system of methods of judicial protection of the rights and interests of persons in the field of public-legal relations, to investigate their differentiation according to various criteria, to highlight the interrelationships , as well as find out the content, structure and place in this system of methods of protection when challenging the decisions of subjects of power. It is noted that due attention was not paid to the implementation of the appropriate classification of methods of judicial protection in the science of administrative law. In the article, methods of judicial protection of the rights, freedoms and interests of individuals are divided into general, additional and special methods of protection. According to their target orientation, they are divided into those, the use of which: allows to confirm the right; allows to protect the right; stop violation of right or interest; allows to restore the violated right or interest, and (or) to compensate for the costs associated with their violation. According to the entities authorized to implement them, the methods of protection are divided into universal and other, which are used by the subject of power to protect the rights and interests of the state, society, and an undefined circle of persons in the field of public-legal relations. According to the consequences, the methods of protection are divided into repressive, restorative and compensatory.
Information-psychological attacks as a threat to national security
Authors: Deryugin I. , Batko I.
Published: November 2023

The article "Information-Psychological Attacks as a Threat to National Security” discusses the pressing issue of using information-psychological methods to carry out attacks on national security in the modern world. The article focuses on the study of the impact of such attacks on society and national security as a whole.

The article thoroughly analyzes the nature of information-psychological attacks, their main types, and effectiveness. It emphasizes that information- psychological attacks can have a serious impact on national security as they can lead to disinformation, manipulation of public sentiments, and influence on citizens' thoughts.

The article also discusses the legislative framework for combating information-psychological attacks. Attention is drawn to the fact that legislation should meet the requirements of modern reality and ensure effective protection of the state from information-psychological threats.

In summary, the article concludes that information-psychological attacks can have a serious impact on national security and emphasizes the need for the development of comprehensive measures to protect against such threats. As this problem becomes increasingly relevant in the modern world, the article is relevant and important for understanding the issues related to information- psychological attacks on national security. It is emphasized that combating information- psychological attacks requires the interaction of state and private structures, which must work together to ensure national security.

The article also provides readers with recommendations on how to protect themselves from information-psychological attacks, including seeking reliable sources of information, critical thinking, and understanding how information- psychological attacks work.

Overall, the article is an important contribution to understanding the issues related to information- psychological attacks as a threat to national security. It provides readers with information on the nature and effectiveness of such attacks, legislative frameworks for their prevention, and recommendations on how to protect oneself from them. This article is useful for a wide audience, including government structures, the private sector, and the public.
Legal regulation of information security in Ukraine
Authors: Krupnova A.
Published: November 2023

The article is devoted to the study of the system of legal regulation of information security in Ukraine. It has been established that the Constitution is the foundation of the system of legal acts, which is the basis of legal regulation of information security in Ukraine. It is followed by the Laws of Ukraine: On Information, On Protection of Information in Information and Communication Systems, On Protection of Personal Data, On State Secrets, On National Security of Ukraine, On Basic Principles of Ensuring Cyber Security of Ukraine, On Electronic Communications, On Media, On Copyright and related rights, On the protection of rights to the composition of semiconductor products, On the protection of rights to inventions and utility models, On state secrets, etc. Norms defining information security of Ukraine have found further development at the sub-legal level. By­laws are aimed at detailing individual provisions of the Constitution of Ukraine and laws. They have a subject direction and regulate a specific sphere of social relations or areas of work of state administration bodies. At the level of central executive bodies, orders, instructions and orders are issued as by-laws. The documents defining the regulatory and technical basis of information protection in Ukraine also include standards and industry materials. They are of key importance because they ensure uniformity in the field of information security, standardize procedures for protecting information, methods for ensuring confidentiality, integrity and availability of data, as well as measures for preventing and responding to information incidents. We also included international acts: conventions, declarations, resolutions, etc., in the system of legal acts that constitute the basis of legal regulation of information security in Ukraine. It was concluded that today the normative and legal basis of ensuring information security is an extensive network of domestic and international norms of different legal force and focus, which in its totality ensures the comprehensive functioning of the entire system of ensuring information security in Ukraine.
The influence of the legal regime of martial law on the legal status of subjects of administrative law
Authors: Pavlovich-Seneta Ya. , Lozynsky Yu.
Published: November 2023

The article analyzes the influence of martial law in Ukraine on the administrative-legal status of subjects of administrative law. The subject of administrative law is the bearer of rights and responsibilities in the field of public administration, which are defined by administrative and legal norms, who is capable of exercising the rights granted and performing the assigned duties. It has been established that in a modern democratic, social and legal state, administrative law should be oriented towards ensuring the needs of a private person in his relations with public authorities. The normative basis of such an approach is the Constitution of Ukraine, where it is established that the establishment and provision of human rights and freedoms is the main duty of the state, the procedure for the implementation of which should be established by the norms of administrative law. It was noted that the introduction of martial law in Ukraine changed the functioning and development of social relations in all spheres of social life. Special responsibility under such conditions was assigned to state and local self-government bodies. In the conditions of martial law, they have a special role, since they are called to ensure the realization of the rights and freedoms of private subjects in these extraordinary circumstances, which have formed in our state for the sake of security and peace. It is noted that the state of war affected the administrative and legal status not only of representatives of the authorities, but also of private subjects of administrative law. Individuals and legal entities under private law, who are subjects of administrative law, found themselves in extraordinary conditions related to military aggression and the occupation of part of the territory of Ukraine. Thousands of Ukrainian citizens suffered as a result of the aggression of the Russian Federation. In connection with this, their administrative legal personality has changed. In connection with the introduction of martial law and general mobilization in Ukraine, a number of new administrative and legal responsibilities were imposed on Ukrainian citizens and their individual rights were limited. It was concluded that the fundamental rights of a person and a citizen are not subject to restrictions even during the period of martial law. After all, without their provision and guarantee, the existence of a person and a state in a legal democratic field is impossible.
Peculiarities of the application of measures of procedural coercion in administrative proceedings
Authors: Slyvka M.M. , Svyta Kh.O.
Published: November 2023

The article is devoted to the study of the peculiarities of the application of measures of procedural coercion in administrative proceedings.

It is noted that the application of measures of procedural coercion is related to the restriction of personal freedom and will of citizens. Therefore, measures of procedural coercion should be applied only in accordance with their purpose, in the presence of grounds established by law and in the manner established by law.

It is indicated that a warning is a written remark addressed to a person about violation of order in a court session or failure to comply with the instructions of the court chairman. For example, offensive accusations of participants in the court process, remarks, failure to observe silence in the courtroom, etc. The application of a warning is formalized by a court decision and recorded in the minutes of the court session.

It is emphasized that the temporary seizure of evidence for examination by the court is the requisition by the court of written and material evidence that was not presented for examination by the court without valid reasons. For example, non­submission of a regulatory act by a government body in order to avoid checking the presence of norms that contradict the Constitution and laws of Ukraine violates the rights and legitimate interests of individuals or legal entities.

It is indicated that the pretext applies to properly notified persons whose personal participation is recognized by the court as mandatory, witnesses who did not appear at the court session without a valid reason or did not report the reason for non­appearance through the National Police of Ukraine, with compensation to the state treasury costs for its implementation.

It is emphasized that the application of procedural coercion measures is of great importance, as it provides the head of the administrative court with real tools of influence on persons who violate the rules established by the court, creating obstacles to a proper trial.

It is noted that the court may cancel its decision on the imposition of a fine if the person against whom it was issued has eliminated the committed violation or provided evidence of the seriousness of the reasons for not fulfilling the relevant requirements of the court or its procedural obligations.
Foreign experience of applying measures of procedural influence in administrative proceedings
Authors: Slyvka M.M.
Published: November 2023

The article is devoted to the study of foreign experience in the application of measures of procedural coercion in administrative proceedings.

It is noted that the state of justice in Ukraine is one of the criteria for assessing the level of democracy and legality. World experience shows that the rule of law can exist only when a strong, authoritative and independent judiciary functions in the state.

It is indicated that an important role in the administration of justice is played by procedural coercion, thanks to which the rules of conduct in court are followed.

It is emphasized that in Germany, for non­appearance of a party to a forced summons to a court session, a warning may be issued about the imposition of an administrative fine.

It is indicated that American courts often use such sanctions as: warning or public condemnation; advance warning; mandatory free representation of a person's interests; violation of the issue of disciplinary responsibility before the bodies of the bar or other self-government; prohibition of further handling of the case by a lawyer (dismissal); leaving the application without consideration; limiting access to court in the future; redistribution of court costs regardless of the outcome of the case; procedural fine; compensation for the consequences of the crime in favor of another participant in the case, etc.

Examples of abuses of procedural rights that occur during the review of US judicial practice are given. Including:

– an attempt to artificially deprive the competent court of jurisdiction in the case;

– presentation of deliberately unsubstantiated claims or claims that testify to the claimant’s irresponsibility;

– suppressing the opponent in the legal process by taking measures to delay the trial or by other means of pressure.

It is noted that measures of procedural coercion are used by the court to stop illegal actions or inaction of the parties in the case. This is important during the resolution of public legal disputes, the party of which is a body endowed with certain powers in relations with private individuals.
Refund of mistakenly paid and/or overpaid customs duties: ways to improve the effectiveness of the protection of the rights of economic operators
Authors: Shevchenko E.A.
Published: November 2023

The article draws attention to the fact that, at the moment, there is significant support among administrative courts for the opinion according to which the measure of judicial response to the fact that the customs authority did not prepare a conclusion on the recovery of mistakenly paid and/ or overpaid customs duties from the budget is to recognize this inaction as unlawful and placing the respective customs authority under obligation to prepare such a conclusion and submit it to the state treasury. In contrast to this, according to the provisions of the doctrine of effective judicial protection, which is approved in the literal meaning of the provisions of the legislation on administrative proceedings and is developed and specified in the practice of its interpretation and application, optimal ways of influencing the court on disputed legal relations in cases of illegality of decisions, actions and inactions of sub In many cases, the subject of power has a direct obligation to restore violated rights. In light of this, it is justified that an effective method of judicial protection of the rights of declarants against the inaction of customs authorities in the framework of the procedure for the return of mistakenly and/or excessively paid amounts of customs payments, which would fully and definitively restore their rights, excluding the need for repeated appeals to the court by ensuring the possibility of enforcement of a court decision, there is a collection from the state budget through the state treasury of mistakenly and/or excessively paid amounts of customs payments. It is noted that for the possibility of forced recovery of erroneously and/or excessively paid amounts of customs payments by the administrative court, the declarant must confirm that he has fulfilled all the requirements of the law for this, in particular, that he has no tax debt. It is noted that the further perspective of increasing the effectiveness of the protection of the rights of declarants in legal relations regarding the return of mistakenly and/or excessively paid amounts of customs payments is the introduction of the possibility of administrative courts to collect these funds based on the results of consideration not only of cases about the return of mistakenly and/or excessively paid amounts of customs payments, but and by satisfying the requirement for this in cases in which the illegality of the decisions of the customs authorities is established, which led to the groundless accrual or additional accrual of the amounts of customs payments (in particular, in the cases of recognition as illegal and cancellation of the decision on the adjustment of the customs value of goods). This should optimize the organizational and economic losses of declarants and customs authorities, caused by the need to apply for formal confirmation of the existence of grounds for the return of mistakenly and/or excessively paid amounts of customs payments under a special procedure.
On the peculiarities of investigating criminal offenses related to illicit trafficking in narcotic drugs, psychotropic substances, their analogues or precursors in modern conditions
Authors: Berdnik I.V.
Published: November 2023

The article examines the peculiarities of carrying out certain procedural actions during the investigation of criminal offenses related to the illegal circulation of narcotic drugs, psychotropic substances, their analogues or precursors, in modern conditions. The author states that in today's conditions, against the background of global informatization of society and the active introduction of the latest technologies in all spheres of human life, the forms of sale of narcotic drugs, psychotropic substances, their analogues or precursors are also changing. Criminals, using the assets of modern technologies, constantly improve their criminal activities, change directions of interaction with the aim of committing offenses.

In Ukraine, as well as in the world in general, drug crime is actively carried out through smartphones and the Internet using messengers and special applications for the distribution of psychoactive substances, narcotic drugs and their analogues.

The author researched the peculiarities of ensuring the prosecutor fulfills the tasks of criminal proceedings during the investigation of criminal offenses in the sphere of trafficking in narcotic drugs, psychotropic substances, their analogues or precursors: the prosecutor's exercise of powers aimed at ensuring the completeness and comprehensiveness of the investigation of the circumstances of the criminal offense and the correct application of the norms of the criminal law, and as well as the specifics of conducting investigative actions in criminal proceedings on the facts of trafficking in narcotic drugs, psychotropic substances, their analogues or precursors.

The author concludes that the effectiveness of pre-trial investigation in criminal proceedings on the facts of illegal sale of substances excluded from free circulation using the Internet and other telecommunication technologies is complicated by the need to identify the user under a pseudonym.
Application of house arrest during martial state
Authors: Hutnyk A.V.
Published: November 2023

The article examines the peculiarities of the use of house arrest during martial law. It was established that after the full-scale invasion of Russia into the territory of Ukraine, the frequency of the use of house arrest did not decrease, however, regulatory and legal changes were made to the specifics of the use and cancellation of house arrest under martial law. Such changes are related to the list of circumstances that the investigating judge, the court is obliged to take into account when choosing a preventive measure. It is offered to group the following additional circumstances into blocks: 1) related to the operational situation in the city where the person's home is located; 2) related to the military duty of the suspect, the accused and his possibility of military service; 3) related to the need to maintain and protect persons under the care of the suspect, the accused, etc.

As a result of the analysis of court practice, it was found that courts often specify in the operative part of the court decision exceptional cases in which a person subject to house arrest can leave the home. It is argued that these exceptional cases are not mitigation of the conditions of house arrest and do not need to be specified in the court decision. It was established that in the event of a threat to the life and health of the suspect or the accused, or their family members, the latter may leave the home until the danger has passed. In other cases, if a person needs to leave the home, it is necessary to apply to the court with a corresponding petition.

It was determined that in conditions of a blackout and in cases where a person under 24-hour house arrest lives in a house alone, a different preventive measure than house arrest should be used, due to its ineffectiveness.

It has been proven that it is impractical to indicate in the decision on the application of house arrest the nearest shelters from the person's place of residence, to which the person can go in the event of an alarm. The investigating judge, the court during the consideration of the petition for the application of house arrest and the police officer who supervises compliance with the conditions of house arrest must explain in detail the right of the suspect or the accused to take personal security measures when there is a threat to his life and health.
Certain aspects of the violation of the right to defense at the stage of notification of suspicion
Authors: Marynych O.
Published: November 2023

The article focuses on the study of certain aspects of the violation of the right to defense at the stage of notification of suspicion. In the process of investigating the subject it is emphasized that the prosecution's unjustified delay in the notification of suspicion deprives a person of the right to protection against criminal prosecution. It was established that the decision to make a notification of suspicion should be made without delay in order to timely acquire the procedural status of a suspect and, accordingly, provide the suspect with the opportunity to defend himself against criminal prosecution. It was determined that the right to defense at a pre-trial investigation is violated not only as a result of untimely (late) notification of a person of suspicion, but also as a result of premature completion of a pre-trial investigation after notification of a person of suspicion. It is indicated that the quick completion of the pre-trial investigation (immediately after the notification of suspicion) deprives the person, against whom criminal prosecution was carried out, to fully exercise his right to protection against the already actually completed criminal prosecution within the framework of the pre-trial stage. Amendments to part 2 of article 283 of the Criminal Procedure Code of Ukraine, namely to provide for a mandatory minimum period of 14 days from the moment of notification of suspicion to the day of closing of criminal proceedings; petitioning the court to release a person from criminal liability; appeal to the court with an indictment, a request for the application of coercive measures of a medical or educational nature. Making such changes to the criminal procedural law will allow: to fully guarantee the observance of the right to defense at the stage of pre-trial investigation to persons subject to criminal prosecution; it is more rational to plan the conduct of the pre-trial investigation by the investigator/prosecutor; make a more balanced decision about notifying a person of suspicion. It was concluded that the right to protection violated at the stage of the pre-trial investigation cannot be compensated during the court proceedings, which leads to the unfairness of the criminal proceedings as a whole and the need to acquit the person on all charges.
Interrogation of power subjects of pre-trial investigation during court proceedings
Authors: Myroshnychenko Yu.M.
Published: November 2023

The purpose of the study, the results of which are given in the proposed article, was to solve the problem of interrogation in court session of persons who conducted pre-trial investigation. First of all, it was necessary to determine the status of the investigator in the court considering the case of the offense under investigation. In this regard, the author came to the conclusion that the function of the investigator as a representative of the prosecution ends with the completion of the pre­trial investigation. At the hearing, the investigator is interrogated as a prosecution witness in compliance with all the rules of interrogation of the witness, including the right not to testify against himself.

The article emphasizes the need for the most close attention to the experience of the countries of the Western world regarding the use in court proceedings of the evidentiary potential of the testimony of persons involved in criminal investigations in order to improve national justice. Highlights the main recommendations of Western criminologists on the tactics of questioning law enforcement officers involved in the investigation of a crime, the case against which is under consideration by the court.

As a result of the study, the author states that the introduction of concepts such as direct and cross-examination or a leading question into national legislation meant the beginning of the "game" according to new rules, which the theory and practice of Ukrainian legal proceedings did not manage to formulate and somehow formalize. Even more obvious is that if the new order is borrowed by us, then there are no serious reasons why it would be worth neglecting the rules of its functioning proven for centuries. There is no need to repeat the same historical path to make sure they are reasonable and effective. In view of this, it is necessary to develop and put into practice the rules of judicial interrogation corresponding to the adversarial paradigm, in particular the subjects of pre-trial investigation. to the adversarial paradigm, in particular the subjects of pre-trial investigation.
Access to justice for a civil plaintiff in criminal proceedings in the conditions of the legal regime of martial state: court practice
Authors: Taranets K. , Kuchynska O.
Published: November 2023

In this article, the author examines certain aspects of the modern procedural legislation of Ukraine, as well as the judicial practice of national courts through the prism of ensuring the right to access to justice and legal guarantees for the victim to receive compensation in criminal proceedings under the legal regime of martial law. The author paid special attention to the separate issues of judicial immunity of the aggressor state and the procedural possibility of filing a civil claim for damages in criminal proceedings against another state, researched the applied component and analyzed the problems of compensation for damages caused to citizens of Ukraine in the modern conditions of the legal regime of martial law. A retrospective analysis of certain procedural issues of the institute of judicial immunity of the aggressor state was carried out, as well as the practice of the European Court of Human Rights was studied, its legal conclusions were given in this part. As a result of the study of the decisions of the Supreme Court, the author formulated the conclusion that the court practice has been formed at the moment, which has resolved the issue of the judicial immunity of the aggressor state and opened the possibility to submit claims for compensation for the damage caused to the victims of a criminal offense, including, by filing a civil claim in a criminal proceeding. Also, the publication contains an analysis of current regulatory and legal acts regarding the development and implementation of the international compensation mechanism and the regulation of the register of losses, the formation of a compensation fund. According to the results of the research, the author noted that in modern conditions, the construction of various models and the introduction of new damage compensation mechanisms require a consistent and comprehensive approach to modernization and further amendments to Ukrainian legislation.
Las festividades de la diosa Mariyamman en el sur de la India
Authors: Moreno Manuel
Published: November 2023

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El palíndromo fuera de occidente: las tradiciones de China y Japón
Authors: Maeth Ch. Russell
Published: November 2023

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Jerry Norman, Chinese, Cambridge, 1988, xii+292 pp.
Authors: Maeth Ch. Rusell
Published: November 2023

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Chad D. Hansen,* Language and Logic in Ancient China, Ann Arbor, The University of Michigan Press, 1983, 207 pp.
Authors: Lamoyi V. Sebastián
Published: November 2023

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Discursos sobre las vías de comunicación: Instituciones, legislación, finanzas públicas y redes en el estado de Boyacá, 1857-1886
Authors: Carreño Tarazona Clara Inés , Amado Oliveros Giovanni Fernando
Published: November 2023

El departamento de Boyacá, se destaca por el orgullo de su historia, siendo esta, su representación identitaria cultural. La obra Discursos sobre las vías de comunicación: instituciones, legislación, finanzas públicas y redes en el Estado de Boyacá, 1857-1886, representa a los caminos como un referente jurídico, patrimonial, cultural y de identidad. Evidencia los procesos históricos regionales impulsados por la corriente liberal radical, en el marco del proceso de modernización de la infraestructura, la construcción de carreteras, ferrocarriles y puentes. Esta obra de gran interés para el Departamento, porque los autores Clara Inés Carreño y Giovanni Fernando Amado han estudiado la historia de las vías de comunicación que cruzaron por Boyacá durante la segunda mitad del siglo XIX. Detrás de un importante análisis de fuentes documentales primarias localizadas en los archivos históricos de Tunja y Bogotá los autores reconstruyeron, desde la historia y el derecho, gran parte de los circuitos entre la capital del Estado hasta llegar a los límites con los Llanos, Santander y Cundinamarca.
Enhancing the performance of deep learning technique by combining with gradient boosting in rainfall-runoff simulation
Authors: Abdullaeva Barno S.
Published: November 2023

Artificial neural networks are widely employed as data mining methods by researchers across various fields, including rainfall-runoff (R-R) statistical modelling. To enhance the performance of these networks, deep learning (DL) neural networks have been developed to improve modelling accuracy. The present study aims to improve the effectiveness of DL networks in enhancing the performance of artificial neural networks via merging with the gradient boosting (GB) technique for daily runoff data forecasting in the river Amu Darya, Uzbekistan. The obtained results showed that the new hybrid proposed model performed exceptionally well, achieving a 16.67% improvement in determination coefficient ( R2) and a 23.18% reduction in root mean square error ( RMSE) during the training phase compared to the single DL model. Moreover, during the verification phase, the hybrid model displayed remarkable performance, demonstrating a 66.67% increase in R 2 and a 50% reduction in RMSE. Furthermore, the hybrid model outperformed the single GB model by a significant margin. During the training phase, the new model showed an 18.18% increase in R 2 and a 25% reduction in RMSE. In the verification phase, it improved by an impressive 75% in R 2 and a 33.33% reduction in RMSE compared to the single GB model. These findings highlight the potential of the hybrid DL-GB model in improving daily runoff data forecasting in the challenging hydrological context of the Amu Darya River basin in Uzbekistan.
On the strong approximation of the non-overlapping k-spacings process with application to the moment convergence rates
Authors: Alvarez-Andrade Sergio , Bouzebda Salim , Nessigha Nabil
Published: November 2023

In the present work, we establish the strong approximations of the empirical k-spacings process {αn(x): 0 ≤ x< ∞} (cf. (3)). We state the moment convergence rates results for this process.
“A Sea Change into Something Rich and Strange.” Margaret Atwood’s Hag-Seed: A Metatextual Approach
Authors: Pál Enikő , Pieldner Judit
Published: November 2023

Ever since it was published, Margaret Atwood’s Hag-Seed (2016) has been scrutinized for its peculiar engagements with the Shakespearean pre-text at the cross-section of various discourses, from literary and media studies, through drama pedagogy, even to prison studies. Drawing on the prison metaphor from the original and recontextualizing it as a contemporary prison performance is just one of the multitudinous forms and ways in which The Tempest is incorporated into Atwood’s novel. Thus, though it is quite difficult to designate a sole term for what she (un)does with the classic, one striking issue anyone may encounter is its intertwining metatextuality which encapsulates many of its core interpretations as a rewriting and/or adaptation. The present paper aims at unravelling the many layers, means and functions of this particular type of metatextuality and/or metatheatricality found in the novel. We look at the polyphonic nexus of texts and contexts that defines Atwood’s novel as an experiment that reconsiders, with a gesture of metatextual homage, the prospects of rewriting – a practice Shakespeare himself was highly familiar with – in the contemporary age. Nested in the Genettean structuralist framework (Genette 1997 [1982]), our approach is meant to expand its applicability taking into consideration Deleuze and Guattari’s concept of rhizome to investigate Atwood’s rewriting as an instance of “rhizomatic metatextuality” as well as the strategies of interpretation, appropriation, and reconstruction in fan fiction rewriting (see Jenkins 1992). Placing metatextuality as the central interpretive key of the novel, we shall discuss the roles of theatre (and art, in general) represented in Hag-Seed as an aesthetic and art history account, as well as the status of the interpreter or the intended audience of both the novel and the play within.
Beyond Reproduction: An Epistemological Search for a “Woman” in Manjula Padmanabhan’s Escape and The Island of Lost Girls
Authors: Basu Argha , Tripathi Priyanka
Published: November 2023

Who is a woman? In a gender-fluid typical world, the answer to this question invites a serious exposition of non-linear and non-binary possibilities. As the biological definition becomes more inclusive of fragmented identities, it becomes extremely complicated to arrive at a simplistic, innocent truth of recognition. Within the third-world dynamics, this question invites more dimensions. Set against the backdrop of mass female genocide on the occasion of perfecting cloning, Manjula Padmanabhan in her works of futuristic dystopian fiction, Escape (2015) and The Island of Lost Girls (2017), has taken up this issue of womanhood and furtively trodden to arrive at a philosophical space that allows the modernist epistemological notion of a “woman” as a well-defined category to reincarnate within a postmodern paradigm to help locate women beyond the generic nuances of reproduction and menial labour. Through analysing the selective works, this research article aims at arriving close to the model of womanhood and depicting the plurality of truth in action.