bluuebunny/crossref_metadata_2025 huggingface dataset:
Concepts and signs of international human rights institutions
Authors: Bezsonova M. V.
Published: August 2024

The article analyzes various approaches to the interpretation of the concept of an international human rights institution. The author’s definition of the concept of an international human rights institution is proposed, which should be understood as an international association endowed by the relevant states and (or) other entities with its own international legal personality, based on an international treaty or other document provided for by the norms of international law, the purpose of which is achieving goals related to the protection of the rights and freedoms of a person, and which, as a rule, has its own system of bodies acting on a permanent basis.
It was noted that in the process of forming the institute of international organizations, the main attention of the states was focused on the creation of international intergovernmental organizations, which have executed and continue to execute a significant influence on the course of world events. International interstate organizations are one of the three important institutions through which interstate cooperation is carried out. Created in accordance with special international treaties, they have international legal personality and a clearly defined organizational structure, reflect the main goals, tasks and competence and act in accordance with the norms of international law.
Despite the fact that international human rights institutions have a subsidiary character to national protection bodies, they provide considerable influence by making appropriate decisions based on the results of consideration of individual appeals from victims whose rights and freedoms are violated. The process of applying for the protection of rights and freedoms to international human rights institutions is a kind of one of the forms of activity of the relevant legal entity.
The article highlights the main characteristics of international human rights institutions, which include: 1) contractual basis, 2) existence of defined goals, 3) appropriate organizational structure, 4) existence of independent rights and obligations, 5) possibility of considering applications from victims of rights violations and freedoms and the adoption of relevant decisions (conclusions, recommendations), 6) the possibility of influencing the defendant state, which violates the rights and freedoms of a person, 7) the permanent nature of the activity.
Overview of some aspects of protection of the right to information
Authors: Bochkova I. I. , Vrublevska-Misiuna K. M.
Published: August 2024

The right to information in the broadest sense is a component of the constitutional and legal status of a person in the country, and the existence of an effective mechanism for realizing this right, including its protection, demonstrates the state of reality of the proclaimed principles of the rule of law. The article is an attempt to provide a broad overview of the possibilities of protecting the rights of individuals and legal entities to information in Ukraine. The authors tried not to limit themselves to analyzing the mechanisms of a specific branch of law, but made an attempt to outline possible violations of the right to information and analyze the legal means of stopping such violations and preventing negative manifestations in the future.
The article analyzes both jurisdictional and non-jurisdictional ways of protecting the right to information, which have their own specific features of manifestation and application within different branches of law. The author considers the ways of protecting the right to information through the mechanisms of civil, administrative and economic branches of law, and makes a certain systematization of the types of violations of the right to information depending on the subject of violation (private or public), on the consequences, on the nature and manifestation of violations. The authors analyzes the positions of national courts and the European Court of Human Rights regarding the existence of legislative restrictions on judges in choosing the ways to protect the applicants’ right to information. The authors also compare the approaches of the European and Ukrainian legislators to the interpretation of the concept of “non-jurisdictional remedies” on the example of legal acts regulating the procedure for exercising information rights, and provide examples of relevant preventive measures (technical and organizational). The authors analyzes the capabilities of the Ukrainian Parliament Commissioner for Human Rights in the mechanism of protection of the right to information and provides examples of the use of his/her powers in response to appeals on violation of the right to information. Gaps in information legislation are identified and ways to eliminate them are suggested.
Latin legal terminology in national jurisprudence: modern trends in the application of ancient concepts
Authors: Hanzha O. H.
Published: August 2024

The article is devoted to the study of the application of Latin legal terminology in Ukrainian jurisprudence. At the outset of the article, the author emphasizes on the correlation of Latin terminology with Roman law, as well as the significance of the reception of Roman law for the further preservation of Latinisms. Particular focus is given to the retrospective analysis of the incorporation of Latinisms into the Ukrainian language.
The first trend highlighted by the author is the etymology of Latinisms in court decisions; the second is the Latinisation of legal terms in court decisions.
The application of Latinisms in national and foreign scientific research is considered from the angles of (1) being conditioned by practical needs, (2) the element of citing normative provisions, (3) a way of preserving tradition, and (4) a stylistic tool. The article lists a large number of Roman legal terms that are actively applied by Ukrainian judges.
At the same time, the author claims that not all Latin terms applied in jurisprudence are related to the sources of Roman law: firstly, some Latinisms date back to the Middle Ages, as well as the New and even Modern times; secondly, individual Latinisms express legal phenomena (principles, doctrines) that originally belonged to the Anglo-American legal tradition. At the same time, the Latin legal terminology applied in court decisions is very diverse and covers a number of legal phenomena.
Particular attention is paid to the application in judicial practice of legal doctrines of different origins – Roman law (favor contractus, fraus creditorum) and common law (obiter dictum, per incuriam, ratio decidendi). In addition, the author calls the application of Latin language clichés in court decisions one of the distinct trends in Ukrainian jurisprudence, which can contribute to the accuracy of the presentation, brevity and comprehensibility of the text, as well as the standardisation of the language of law.
The author summarises that the application of Latin legal terms by national courts is an absolutely logical process, which indicates the further integration of national jurisprudence into global processes and trends occurring in world jurisprudence.
Protection of the LGBT community’s rights during the war in Ukraine
Authors: Shelever N. V.
Published: August 2024

The article puts an emphasis on the need to protect the rights of LGBT communities. Although the issue of protecting LGBTI rights was considered in the writings of domestic scientists, the Russian- Ukrainian war has become a new challenge for LGBT representatives and caused new problems for them. In the conditions of the war in Ukraine, this is an urgent issue today, because nowadays, persons in same-sex relationships experience restrictions on their rights. The author emphasizes that in connection with the desire of our country to become a full member of the EU, a significant task for it is to prevent discrimination based on such grounds as sexual orientation and gender equality. Despite the public’s negative attitude towards representatives of the so-called “sexual minorities”, the latter stood up to protect their Motherland. Therefore, the state’s performance of its obligations towards such persons is an important issue today. The problem is that there is no normative consolidation of the legal status of LGBT communities in Ukraine and this leads to a limited amount of constitutional, civil, and family rights compared to other citizens. However, in the conditions of the war, representatives of the LGBT community feel even more restricted in their rights than before the war. In particular, they cannot legalize their relations and because of this certain difficulties arise. The author draws attention to the fact that the presence of gaps in the current legislation leads to the fact that LGBT military personnel do not have the same rights as other citizens of Ukraine, although they fight for the independence and territorial integrity of our state.
The article highlights that changes to the Constitution of Ukraine cannot be made during the war. Therefore, injustice towards LGBT military personnel should be eliminated by adopting the Law of Ukraine “On the Institute of Registered Partnerships”. The article draws attention to the fact that national courts, if to analyze their practice, are «not ready» to protect LGBTI rights due to the negative perception of these persons in the state. The author emphasizes that the courts must effectively protect the rights of LGBTI people and restore their violated rights. They should also take into account the fact that the practice of the ECtHR is aimed at protecting the rights of the LGBT community. However, a completely different situation is observed in Ukraine, which leads to the adoption of decisions against our state and this generates negative consequences for it.
The principle mutatis mutandis as an tool for changing judicial practice beyond the limits of reasonable discretion
Authors: Bondareva M. , Shkriblyak K. , Shmaryova T.
Published: August 2024

The article is devoted to the analysis of the validity of changes in the practice of the Grand Chamber of the Supreme Court, which should be considered as a deviation from previously formulated legal positions regarding the effective way of protecting the law, using the mutatis mutandis principle.
It is emphasized that scientists have the right to carry out a critical analysis of judicial practice in the context of its compliance/non-compliance with the doctrine. A distinction was drawn between the right to interpret laws by the court and the exercise of discretionary powers, in which the degree of discretion is assessed as unreasonable and excessive; the use of used lecture structures is argued. Attention is focused on the inadmissibility of the practical implementation of individual, arbitrarily selected elements of the scientific debate into judicial practice, in particular, concerning the principle of stare decisis and the justification with its help of the right to judicial rule-making - in the form of a precedent that de facto already exists in practice and is recognized by theory, but, being called precedent, is not identical with classical English precedent.
The analysis was carried out according to three vectors corresponding to different periods and appropriated standards of judicial practice. The first is a change in the position from “a mistake in choosing an effective method of defense as an independent reason for refusing a claim” to “a refusal to resolve a dispute due to the ineffectiveness of the method of defense chosen by the plaintiff can actually be considered as a limitation of the right to access to court.” The second is the introduction of a flexible approach to understanding the principle of dispositiveness and moving away from an overly formal assessment of the “proper claim”, which “cannot be considered by the courts as an improper method of protection”. The third already marks the conclusion “about the interpretation” of the claim, mutatis mutandis - for the purpose of full protection of the right in one process.
The conclusion states that the interpretation (interpreting) of the claim contradicts the principle of dispositiveness, and its flexible interpretation in favor of such an interpretation will violate the right of the other party, who will not be able to predict the result of such an interpretation when constructing and proving its own position. Courts’ excessive fascination with innovations - with the usurpation of the right to rulemaking and departure from the doctrine - is unlikely to contribute to justice. This is indirectly indicated by frequent deviations from previous legal positions, which do not contribute to legal certainty.
Elements of digital identity
Authors: Goncharova A. V.
Published: August 2024

The article reveals the process of identifying an individual as a participant in civil legal affairs in the current digital world. It is agreed that the rapid development of modern digital technologies will require rethinking and updating of legal terminology. The concept of digital identity is relevant and complex for current legal systems in the world. Analysis and adaptation of existing legislation to digital progress is inevitable. Digital identity can be seen in many aspects, focusing on stable forms, such as social and legal. Digital identity is a version of a person’s social identity. Continuous collection of information obtained as a result of an individual’s online activity, which can be manifested in the appearance of a name, publication, comments, etc.
It is stated that the legal forms of an individual’s identity in a civil-legal sense in the light of digital law will require expansion. The emphasis is on the classic forms of digital identity, which is persistent identity, constructed identity and captured identity. Stable identity is immutable information. Like a butt, this name is given to the people.
The formation of identity, as the development of a specific feature of a digital individual, which is seen as a persistent reality at the beginning stage of digital life, in addition to which person positions himself in the digital world. This process defines individuals to others and to themselves. Fragments of factual identity represent the unique characteristics of an individual and his affiliation to a particular social group. The formation of identity clearly flows into a particular identity, in addition to which the individual presents himself as a discrete unit in the digital world. It is possible through individualization, in addition to some non-differentiation, that the individual does not become unique, but goes through stages, through some differentiated aspects of people’s lives, and thus achieves more inseparable goals.
Following the constructed identity makes it possible to understand that it is also possible to change information in this form of identity, such as changing a name when laying a sluice. On the Internet, as a rule, only the constructed identity of an individual is indicated. The remaining form of traceable identity, which is captured identity. There is a need for information that a person needlessly does not disclose to other participants in the digital space. For example, passport data, identification code, etc. These nutritional data will require further analysis and investigation. The historical analysis reveals the multiple stages of the emergence of digital identity, and the value of the new concept of the online representation of an individual for his or her existence in the cyberspace.
Negative obligations under Roman private law
Authors: Guzhva A. M.
Published: August 2024

The article provides a critical review of the sources of Roman law regarding negative obligations. The author indicates that in the classical definition of the content of the obligation of the Roman jurist Paul (D. 44.7.3 pr., Paulus 2 inst.) the concept of «abstaining from actions» is absent, but the same Paul indicates that the concept of «doing» (facere ) includes also «to abstain» (abstinere) (D. 50.16.189, Paulus 34 ad ed). Therefore, it can be stated that obligations with a negative content were recognized in classical Roman law. However, the author emphasized that negative obligations in Roman law, as a rule, did not have an independent meaning, but appeared in additional conditions to the main contractual obligation and were not typical. As typical obligations, the article analyzes the agreement on non-alienation (pactum de non alienando), the agreement on not filing a lawsuit (pactum de non petendo) and the agreement on not providing a guarantee for eviction (pactum de non praestanda evictione).
In Roman law, the non-alienation agreement mostly accompanied sales or pledge relations. Moreover, the violation of the non-alienation agreement did not result in the invalidity of the sale. The sale of the subject of pledge carried out under prohibition resulted only in the liability of the party who committed such a violation. In modern law, the agreement on non-alienation of the subject of the pledge has been transformed into a legal prohibition of the alienation of the pledged property without the consent of the pledgee.
A non-suit agreement was an informal agreement under which the creditor undertook not to file a claim against the debtor at all or for a certain period of time in the event of his non-fulfillment of the obligation. Violation of this agreement had only a procedural effect: the defendant could raise a procedural objection (exceptio) that an agreement not to file a lawsuit had taken place.
The agreement on not providing a guarantee for eviction reduced the responsibility of the debtor- seller for seizing of the thing from the buyer on the grounds that had existed before its sale. According to the claim from the purchase, in case of eviction of the thing from the buyer, the seller had to be liable in the amount of damages. In case of concluding an agreement not to provide a guarantee for eviction, the seller was liable only in the amount of the purchase price of the item.
Digitalization of Law and formation of Digital Law
Authors: Ennan R. E.
Published: August 2024

Digital law is a new form of implementation of legal relations in the field of cyber regulation in various areas: digital rights in digital circulation, cyber security, protection of personal data, regulation of cross-border digital transactions, implementation of social rights based on technological platforms, formation of electronic government, electronic state. Currently, the process of digitalization of law is taking place, that is, the use of new digital technologies to optimize legal relations, as well as procedures for creating a new digital reality, which also requires legal regulation. Digital reality shapes human behavior, norms of social relations, creates digital law and digital legal awareness. In the conditions of the digital economy and virtual space, the need for a new look at legal institutions in the era of information society and digital technologies, consistent adaptation of traditional legal mechanisms to new realities is obvious. Further development of legal regulation of digital rights and digital civil turnover is possible according to the conceptual model of “digitalization” of traditional law. The new paradigm of the development of law consists in the “digitalization” of law, that is, the use of digital technologies to optimize legal regulation, as well as the formation of civil digital turnover. Therefore, digital law is a system of legal norms regarding the use of digital technologies, which regulates legal relations that arise in connection with the use of digital data and the use of digital technologies. Digital law is a complex interdisciplinary institution of law that unites legal norms that regulate legal relations arising in connection with the acquisition, exercise, alienation and protection of digital rights, as well as with the use of digital technologies by subjects of digital law. The mechanism of legal regulation of relations in the digital environment is based on the fact that they have an informational nature, since they arise in connection with the implementation of certain actions with information in digital form (digital data).
Legal, ethical and moral aspects of the fight against aids as a social dangerous disease
Authors: Ismayilova Parvina Fazail
Published: August 2024

The scientific article examines the relevant regulatory framework for the development of legal, ethical and moral regulation in the fight against HIV/AIDS, and provides recommendations for improving medical treatment and control mechanisms. In the research work, a comparative analysis of domestic legal acts with international legal norms as the current legal basis for the fight against the AIDS epidemic is considered, and the directions for the adoption of the legislation and judicial practice of model countries in the field of medical law for the Republic of Azerbaijan are stated.
Based on case studies and empirical research, the article provides an assessment of the challenges and opportunities for strengthening legal protection, especially for people living with HIV/AIDS, and legal mechanisms for increasing access to care and treatment. Also, innovative methods and strategies are explored to protect the rights of people suffering from HIV/AIDS, to protect against discrimination and stigmatization through the application of directly mentioned coping strategies, as well as to create more sensitive and effective treatment mechanisms of the health care system. It is proposed to refine the legislation of the Republic of Azerbaijan and eliminate the loopholes in the law. Overall, the article emphasizes the importance of a strong legal framework for the development of the fight against AIDS and suggests practical steps to bring it to the agenda in today’s world.
In the context of the ongoing global struggle against HIV/AIDS, our research emphasized the crucial role of legal regulation in the development of a comprehensive care system for individuals affected by this disease. The article underscored the significance of legal frameworks in ensuring unhindered access to care, treatment, and support for individuals living with HIV/AIDS. By establishing guidelines and standards for healthcare providers, legal regulation enables the delivery of high-quality care while safeguarding the rights of individuals affected by HIV/AIDS. Furthermore, the rule of law plays a vital role in combating stigma and discrimination, which remain significant obstacles to effective efforts to prevent and treat HIV/AIDS.
It is also highlighted various tools and strategies for improving care for individuals living with HIV/ AIDS, including the integration of HIV services into existing healthcare systems, community-based care models, and the promotion of holistic and patient-centered approaches to care. In conclusion, our research demonstrates that legal regulation is a vital component of the global response to HIV/AIDS, as it enables the provision of comprehensive care and support to individuals affected by this disease. Moreover, the implementation of innovative care models and strategies outlined in international legal instruments can further enhance the quality and effectiveness of HIV/AIDS treatment services.
History of the development of the institute of law abuse in the states of the romano-german legal family
Authors: Yermolenko D. O.
Published: August 2024

The article provides a historical analysis of the institution of abuse of law in the states of the Romano- Germanic legal family. In particular, with the help of a set of philosophical-worldview, general scientific, special scientific methods (primarily, dialectical, historical-legal and comparative-legal) and principles of scientific knowledge, the evolution of theoretical ideas about the abuse of law, their consolidation in legislation and practical implementation in individual states of the Romano-Germanic legal family (Germany, Austria, Switzerland, Spain, France).
It is argued that modern ideas about the abuse of law are based on the provisions of Roman law. Theoretical approaches to the abuse of law contained in the works of leading European legal scholars (A. Binder, T. Geise, W. Erman, L. Dugis, W. Siebert, V. Roberto and others) were analyzed. On the basis of a comparative analysis of normative legal acts regulating the issue of abuse of law (German Civil Code, Austrian Civil Code, Civil Codes of Switzerland, Spain and France), characteristic features and general trends of the legal establishment of the category “abuse of law” in the states of the Romano- Germanic legal system have been revealed family.
It was established that theoretical approaches to understanding the category of “law abuse” were most actively developed by scientists in Germany and France. In particular, general approaches to the essence and features of the abuse of the right have been developed, mechanisms for counteracting the harmful exercise of the right, etc. have been proposed. At the same time, the legislation of Germany, Austria, Switzerland, Spain and France also uses the experience of other countries, transforming it through their own culture and traditions. This is due to certain features of the legislative establishment of the inadmissibility of the abuse of the right.
It was concluded that due to the existence in the states of the Romano-Germanic legal family of a general ban on the abuse of law, legal science had the opportunity to investigate not only specific cases of unfair exercise of the law, but also the phenomenon of abuse of law in general.
Problematic aspects of judicial powers to determine the civil remedy in light of the case-law of the Supreme Court of Ukraine
Authors: Shevchenko M. V.
Published: August 2024

In the light of the purpose of civil justice to provide effective protection of violated rights and taking into account the duty assigned to Ukrainian courts to assist parties in exercising their rights (while maintaining the objectivity and impartiality of the court), the court according to the principle ‘the court knows the law’, must not only independently determine the nature of dispute and the law that is to be applied to establish the rights and obligations of the participants, but also bring the claims of a lawsuit (the remedy) into line with the understanding established in judicial practice of the appropriate method of defense from the point of view of the ability to ensure the restoration of the plaintiff’s rights as fully and quickly as possible and within the limits of the result (legal consequences in the form of emergence, change or termination of legal relations), for the achievement of which the plaintiff appealed to the court. Refusal of a lawsuit due to the incorrect wording of its subject matter is a manifestation of excessive formalism, and it also leads, contrary to procedural economy, to an artificial duplication of legal proceedings regarding the same legal dispute, without any positive effect, due to which such an approach is incompatible with the purpose of civil proceedings and should not be allowed. The wording of claims, which are based on certain methods of protection, are constituent elements of the legal aspect of the claim, due to which they are quite naturally covered by the scope of the principle ‘the court knows the law’. At the same time, the proactive intervention of the court with the claims defined by the plaintiff must be accompanied by its procedural actions and decisions in order to comply with the principles of objectivity and impartiality of the court, the dispositive nature of civil proceedings and the adversarial nature of its parties. Among other things, the defendant must be provided with the opportunity to submit explanations and evidence in connection with the change (correction) of the subject of the lawsuit by the court, about which the court must notify the parties in the case in advance during the preparatory proceedings or consideration of the case on the merits. For a more predictable application of the principle ‘the court knows the laws’ in all its aspects, including its specific requirements, grounds and methods of its application, should be regulated in the procedural law.
The principle of proportionality of measures to enforce decisions and the volume of claims under decisions in enforcement proceedings
Authors: Shyman Y. O.
Published: August 2024

The article is devoted to the peculiarities of the principle of proportionality of measures of forced execution of decisions and the volume of claims on decisions in enforcement proceedings.
It is determined that the principle of proportionality of measures of forced execution of decisions and the volume of claims on decisions in enforcement proceedings finds its manifestation in a number of provisions of legislation. The article cites these provisions of the legislation on enforcement proceedings and analyzes them.
It is pointed out that the essence of the principle of proportionality of measures of compulsory execution of decisions and the volume of claims on decisions is always associated with the need to ensure and respect the rights of the debtor. However, in the author’s opinion, this principle should also reflect another important aspect of enforcement proceedings – sufficiency of enforcement measures for the actual execution of the decision. This side should also be enshrined in the content of the principle of proportionality of measures of forced execution of decisions and the volume of claims under the decisions. It is concluded that the principle of proportionality of measures of forced execution of decisions and the volume of claims under decisions should not be considered narrowly enough.
Scientific positions concerning the legal regulation of the principle of proportionality of measures of forced execution of decisions and the volume of claims under decisions are studied. The opinion is supported that in the legislation on enforcement proceedings it is necessary to formulate a separate article devoted to the content of the principle of proportionality of measures of forced execution of decisions and the volume of claims on decisions.
Separate aspects of determining the criteria of proportionality of measures of compulsory execution of decisions and the volume of claims under decisions and judicial practice have been studied. On the basis of the analysis it is concluded that an important general criterion of proportionality of measures of forced execution of decisions and the volume of claims on decisions is the criterion of legality of the executor’s actions developed by the judicial practice of the Supreme Court. The criterion of proportionality should be the focus of the executor’s actions to ensure the fulfillment of the final court decision.
The influence of the development of information and communication technologies on the field of management
Authors: Klapoushchak D.
Published: August 2024

This scientific article examines the impact of the development of information and communication technologies on the field of management. The author examines how technological progress in the field of information technologies affects the efficiency and competitiveness of enterprises.
Among the main problems associated with the introduction of ICT in the field of economy, the author singles out the following: difficulties in choosing the optimal software and equipment that will meet the needs of the enterprise; preservation and security of information, as a large amount of data is stored using modern technologies; the implementation of ICT requires additional investments, which becomes an important factor for many business entities.
The article considers various aspects of the impact of ICT on economic activity. The author notes that the use of modern technologies allows enterprises to improve management processes, optimize production processes, reduce costs, and ensure increased profitability.
The author claims that thanks to the use of digital technologies, enterprises can automate many routine processes and provide more accurate demand forecasting, inventory and production management.
The article analyzes the judicial practice of the impact of the development of information and communication technologies on the sphere of business. The analysis of judicial practice shows the need to apply means of protection of commercial information that can be obtained with the help of information and communication technologies.
Challenges and opportunities brought by digital technologies to enterprises in the field of economy are considered. The author notes that the development of ICT opens up new opportunities for enterprises in the market, while simultaneously presenting them with new challenges related to digital competition and cyber security.
On the basis of the conducted research, conclusions were formed regarding the influence of the development of information and communication technologies on the sphere of management.
The author sees the study of cyber security and its impact on business as one of the prospects for further research.
Prospects of organizational and legal provision of energy security of Ukraine in the conditions of modern geopolitical processes
Authors: Kodaniov V. I.
Published: August 2024

The scientific article is devoted to one of the important objects of national security – energy security. The organizational and legal approaches to the regulation of energy security are singled out and certain aspects of state regulation of energy efficiency are outlined, taking into account modern geopolitical processes. The definition of energy security is formulated, its global nature is indicated, which determines its provision through the joint efforts of all countries of the world, taking into account the internal characteristics and needs of the industry. It was emphasized that energy security as an object of state policy in the conditions of armed aggression against Ukraine requires proper legal regulation and continuous coordinated state management influence in order to ensure the energy independence of the country and the stable operation of energy infrastructure facilities. The analysis of the legal provision of energy security in Ukraine allowed us to come to the conclusion about the ramifications of the legislation in the specified area, the lack of optimization and systematization of energy legislation, its conflict and tolerance for the monopoly position of energy market participants. In the conditions of the war in Ukraine, the main direction of legislative regulation of the energy market is the introduction of tax benefits, temporary special taxation regimes. It was concluded that the introduction of the Institute of the Authorized President of Ukraine on Energy Safety, the development of the Institute of Public Control in the specified field is considered a promising direction for improving the national institutional mechanism for ensuring energy security. Arguments are also given that the institutional and legal mechanisms for ensuring energy security should provide for: permanent strategic planning of the development of the energy sector; coordination of energy policy with other areas of state policy; elimination of illegal administrative influence on energy market participants; taking measures to improve energy efficiency; creation of conditions for the development of technological innovations in the field of functioning of the energy infrastructure; increasing the effectiveness of preventing cyber threats; taking measures to reduce the level of corruption and the influence of the political will of elites on the energy market of Ukraine, state deregulation and demonopolization of the energy resources market.
Legal due diligence as a procedure necessary for creating a virtual enterprise
Authors: Osinska O. A.
Published: August 2024

The article is devoted to the disclosure of legal due diligence as a system of business risk management when creating a virtual enterprise. Determining the full picture regarding the counterparty of the virtual enterprise is necessary in view of the importance of compliance with the requirements imposed by the regulatory and legal acts of Ukraine, adopted in connection with the large-scale military invasion, as well as the requirements of the EU regarding countering terrorism, illegal drug trafficking. The conducted research made it possible to come to the conclusion that due diligence is a systematic check of a business entity or certain assets, real estate objects based on professional analysis and assessment of information in order to identify and determine the degree of potential risks in order to make a decision on the feasibility of concluding the relevant contract and definition of its essential conditions. One of the types of such verification is legal due diligence, which consists in a legal verification of the legality of the company’s activities or the right to a certain asset of the opposite party. It is especially important to conduct it when creating a virtual enterprise, as it allows you to establish the identity of the future counterparty-participant of the virtual enterprise and, in turn, avoid the risk of establishing contractual relations with an improper counterparty. The stages of conducting legal due diligence are as follows:  a) drawing up a plan for conducting an inspection with the definition of the necessary information and the procedure for obtaining it; b) obtaining information necessary for legal analysis; c) legal analysis and verification of the received information with the formulation of conclusions about the possibility of creating a virtual enterprise; d) formalization of the obtained results in the form of a written The legal basis for conducting this type of inspection can be a contract for the provision of consulting or legal services, as well as a contract between the company in respect of which legal due diligence is performed and the company that orders it.
Historical and legal aspects of the formation of the academic environment in Ukraine in the X-XII centuries (economic and legal aspect)
Authors: Osinskiy O. L.
Published: August 2024

The article examines the historical and legal aspects of the formation and development of the oldest scientific centers of Kyivan Rus at the end of the 10th and beginning of the 12th centuries. Art., as well as the economic and legal regime of their property.
It has been studied that in Kyivan Rus, as one of the powerful states of Europe in the IX–XII centuries. starting from the 10th century a significant development of education, literature and science was observed, which is connected with the Baptism of Vladimir the Great of Russia, the introduction of Byzantine, canonical law and the formation of the original ancient Russian state and legal thought.
It has been established that education and science gained special development under Grand Duke Yaroslav the Wise at the end of the 10th century. and the formation of the first national science center in Ukraine – the academic center «Yaroslav Academy», which was established at Sophia Cathedral in 1037.
It was found that the activities of the «Yaroslav Academy» were based on both national traditions and the use of ancient and Bulgarian-Byzantine experience.
It was noted that the activities of the «Yaroslav Academy» were characterized by the presence of a spectrum of scientific directions: translation activities, creation of own literary works and the first legal monuments («Pravda Ruska»).
It has been established that the «Yaroslav Academy» should be considered the first scientific academic environment on the territory of medieval Ukraine, which operated in the format of reviving and spreading scientific knowledge and creating its own scientific works.
It is noted that one of the important issues of the Yaroslav Academy’s activities is the study of the economic and legal regime of its property. The article analyzes the legal regulation of land ownership, including the land ownership of the church (Kyiv Metropolis). It was found that the institution of the metropolis provided for the right to independent church-administrative activity in the internal affairs of its diocese. It was established that the management of church property was carried out in accordance with the church statutes.
It was concluded that the economic management of the property of the «Yaroslav Academy» was carried out by the Kyiv Metropolitanate, which had the right to manage church property, which was formed at the expense of the «princely tithe», which was deducted in favor of the Church (Kyiv Metropolis) and profits from «church courts».
The value of the honor and dignity of a person and the possibility of its implementation through the means of a generally permissible type of legal regulation
Authors: Radanovych N. M.
Published: August 2024

The essential feature of general permissive legal regulation, that is its focus on the maximum exercise of freedom within the existing legal order, presupposes a certain area of such regulation. This area covers a number of values, the embodiment of which depends on the corresponding amount of freedom, and they include the value of the human person (and the main components, such as life and health, honor and dignity, inviolability and security of man), democracy, local self-governance, civil society, etc. These social values “get” new opportunities for their implementation due to this type of legal regulation, since its main tools objectify the corresponding amount of freedom. These are legal prohibitions, obligations, and permissions that “accompany” and reflect the content and scope of a number of rights that guide the “general permissive process” of the embodiment of these values, such as the value of honor and dignity – the right to respect for human dignity; the right to privacy (which to a maximum extent reflects the interconnection of these values as paired categories, since they are fixed in the Constitution); other rights that determine “decent conditions of human life”. This makes it possible to clarify under conditions of general permissive regulation the content and scope of different types of rights, and therefore – different types of freedom, for example:
1) economic freedom (“decent economic living conditions”) taking into account the following correlations:
a) dignity and freedom of property, freedom of work, freedom of housing, , characterized by active human behavior and illustrating the maximum amount of freedom;
b) dignity and minimum social standards – opportunities for social protection, and “sufficient standard of living”, which on the contrary determine the “active role” of the In this regard such issues occur as the legal nature of certain legal prohibitions, obligations, permissions and their assessment through the prism of freedom, such as benefits (benefits, compensations) that are permissions and “enhancers” of economic freedom that perform the function of its preservation and restoration; positive obligations of the state that perform the function of obligations and “enhancers” of economic freedom; discretion of the state (legal permission as a specific restrictor of freedom), which presupposes the minimum permissible amount of such freedom;
2) ideological freedom («decent political and cultural conditions of life») and its maximum manifestation that covers the links between dignity and freedom of speech, conscience, education and language, etc. At the same time, specific legal instruments are revealed, such as qualification conditions and requirements as obligations that should be assessed through the prism of false restrictors of this type of freedom.
Administrative and legal forms and methods of countering violations of public interests in the activities of institutional investors
Authors: Vazhynskyi V. M.
Published: August 2024

The article is devoted to the formation of scientifically based recommendations on the application of administrative and legal forms and methods of countering violations of public interests in the activities of institutional investors.
The author separates the concepts of preventing violations and countering violations of public interests in the activities of institutional investors, indicating that the prevention of violations of public interests takes place when certain shortcomings or problems are identified in their work, which potentially carry a risk of violating the rights of citizen investors, but at a specific moment do not yet pose a threat of violation or are not a violation of public interests. In contrast to prevention, counteraction conditionally assumes the existence of a certain illegal action, as a result of which a situation arises when the interests of citizen-depositors and the institutional investor (his officials) do not coincide, and the private business or selfish interest of individuals begins to dominate over the public interest.
According to the author, the system of countermeasures includes such forms of management activity as: issuance of normative legal acts, execution of legally significant actions, which are implemented through such methods as administrative supervision, administrative control, bringing to legal responsibility. Special laws define a number of measures that can be applied to institutional investors for violations, in particular, the suspension or cancellation of a license, the prohibition of the payment of dividends, an injunction and much more, which allows for the timely protection of public interests and the prevention of encroachment on public values, because criminal activity undermines the existing legal order of investment activities of institutional investors and in general the trust of citizen-investors in the state, in its ability to protect their values, entrusted to entities authorized by the state to preserve and multiply them.
Transparency and consent as the main principles of personal data protection in Ukraine
Authors: Holovatskiy N. T.
Published: August 2024

The rapid digitization of the modern world has led to an increase in the collection and processing of personal data. The principles of transparency and consent have become crucial for citizens to understand how their data is being used and to be able to give their voluntary consent to its processing.
Ukraine is actively adapting its legislation to EU standards in the field of personal data protection. In particular, the General Data Protection Regulation (GDPR) affects approaches to data collection and processing. Examining transparency and consent in the context of these changes can help identify which aspects of the law need special attention. Citizens are becoming increasingly cautious about who they trust with their data.
This article analyzes and evaluates the role and impact of the principles of transparency and consent on the effective mechanism of personal data protection in Ukraine, taking into account modern technological and legislative challenges. Studying these principles demonstrates their importance and relevance in today’s digital society.
The principle of transparency determines the need for accessible and understandable information for data subjects regarding the processing of their data. Openness is a fundamental requirement for maintaining trust between organizations and citizens. Providing the ability to control and regulate their data allows data subjects to play a more active role in the processing and use of their personal data.
The principle of consent, in turn, emphasizes the voluntary and informed nature of consent to data processing. The consent of the data subject determines the basis for the legal processing of personal data, ensuring harmony between the rights of citizens and the interests of organizations.
As technology advances and legislation changes, transparency and consent become even more important aspects. They help build trust between organizations and citizens, ensure responsible use of personal data, and empower individuals to control their own information.