bluuebunny/crossref_metadata_2025_split huggingface dataset:
Recruitment of personnel of state security bodies in Ukraine during the domination of the totalitarian regime (1929-1953)
Authors: Okipniuk Volodymyr 
Published: March 2020

The article deals with the historical and legal analysis of the main ways of replenishing the personnel of the state security bodies of the USSR during the domination of the totalitarian regime.
It was established that the formation of personnel of state security bodies was carried out in several ways. The first of these was the direct appointment ("mobilization") of representatives of the "party-Komsomol asset", as a rule, without their training and special training for positions in state security bodies.
The second method of staffing state security agencies during this period was to select persons who met the requirements and enroll them in training at special departmental institutions.
In the USSR, the Kyiv (since 1938 - Kharkiv) intercity school and the Kharkov School of Foreign Intelligence of the NKVD of the USSR operated at different times. At the end of the war and in the postwar period, the Kharkov interdistrict school of the KGB-MGB was restored and the Lviv interdistrict school of the MGB was established.
The candidates were thoroughly studied for their political allegiance to the ruling regime and underwent special screening. It provided for the study of a person, their relationships and surroundings at birth, study, residence, work, background checks, etc.
Regardless of the method of recruitment, future employees of national security agencies had to meet certain requirements. To be members, candidates for membership of the CPSU (b), or members of the WCCM, carefully scrutinized for their political views and for which there were no material. Other requirements varied depending on which units the person was intended to direct - military service at the NSCA, age, relevant education, secondary or higher, health status that met the needs of future service, etc.
Since the second half of the 1930s, the emphasis on the requirements for candidates who were directly enrolled in the NKVD bodies shifted towards the mandatory political commitment of the regime. This practice continued also in wartime and postwar times.
E. Ehrlikh’s "living law" and its current interpretation
Authors: Shchambura Dеnis 
Published: March 2020

The article explores the main ideas of the works of E. Ehrlich (1862–1922), where the concept of "live law" was gradually established. The prominent thinker gave the leading role in the law-making process to society, and therefore he called to study society, exploring direct survey of social life as an important source of law comprehension. It is proved that among the three types of law: state law, law of lawyers, social law – E. Ehrlikh preferred the latter. The interrelation of social law and state law in Ehrlikch’s concept is revealed.
Ehrlikh’s idea of "live law" is proportional to the modern notion of "informal law". Informal law, like "live law", corresponds to the current everyday needs of social life, is formed by society itself or by certain social groups, and is not provided with state coercion. Nevertheless, the concept of “live law” should not be considered as anti-state one. E. Ehrlich did not recognize the dominant significance of the state law-making activity in the social legal life, but he never denied such a role at whole. He persuaded that coercion plays a secondary role in the existence of law. Indeed, the existence of informal law is largely independent of the state and its coercive apparatus. Continuing this E. Ehrlikh’s opinion, it can be argued that modern society as a plurality of peoples and communities recognize certain rules of conduct as compulsory, and, at least in general, subordinate their behaviour to these rules, guided by relevant internal convictions.
The scholar's attitude to state law is refined and the opinion of Ehrlich's anti-etatism is refuted. The scholar did not rule out the possibility for the state law to obtain social importance and to acquire the status of a living law. The scholar's attitude to state law is refined and the opinion of Ehrlich's anti-etatism is refuted. The scientist did not rule out the possibility for state law to obtain social importance and to acquire the status of a living law.
The influence of Globalization on National Administrative Law: International Legal discourse
Authors: Radyshevska Olesya 
Published: March 2020

The present article provides the analyses of the influence of globalization on national administrative law. It is noted that the modern era of civilizational development is an era of globalization, encompassing the dynamic development of international integration processes in all directions of human life, particular, in the public sphere, which is regulated by the rules of administrative law through the prism of the values of the rule of law. In order to resolve the issues of realization and protection of human rights in the public sphere (in the global dimension) the concept of Global Administrative Law emerged. This concept encompasses the combination of legal rules, principles and institutional rules applicable to the process of public administration, which is carried out in ways that apply not only to domestic law but also to the structure of political power; administration takes place within the global administrative space, causing a blurring of national and international, public and private dimensions. The author has emphasized that globalization place new demands on the system of functioning of national public administration systems, which should become an effective tool in solving complex intercultural contradictions, especially those arising in the process of harmonization of the mechanisms of joint functioning of national states in the world, and therefore harmonization of relations between the states and establishment of effective forms of cooperation, which to a certain extent can contribute to ensuring openness and transparency of the sphere of international relations. This process not only contributes to the emergence of global administrative law, but also creates a broad, universal recognition of the principles and concepts that global administrative law requires. It is concluded that the implementation of international norms, standards, procedures that operate on a global scale will help Ukraine to gradually build a European, sovereign, independent, democratic, social, legal state, whose main responsibility is to promote and protect human rights and freedoms, where a individual, his or her life and health, honor and dignity, integrity and security will be recognized as the highest social value as an effective mechanism of human-centered concept.
The special information operation: history of formation
Authors: Selina Maria 
Published: March 2020

In the article described research about appearance and the development of a special information operation which has become an integral part of the current military-political confrontation. The author defined, that skilled and timely conducted information operations gives an opportunity to gain significant advantages over the enemy, in particular, through the implementation of moral and psychological impact on the population including the armed forces of the enemy and as well as on leaderships of countries. To confirm it, in the article presented examples of the results of conducted special information operations and its individual elements in different periods of human history.
The article presents, that special information operations is not invention of the present, they appeared in ancient times simultaneously with emergence of armed confrontation, as an integral part of the armed struggle in the form of psychological way for weakening the enemy’s combat spirit and raising the fighting spirit of it’s own forces. The author highlights the information about the first facts of use informational and psychological influence such as: misinformation, propaganda, intimidation, which are elements of a special information operation. Their further transformation relates to the development of science and technology and the improvement of information technologies. Aa a result there are four form stages of the development of informational and psychological influence: verbal, telecommunication, technical and paper.
The article states that the appearance of the internet and the information influence on a wide audience around the world that makes special information operation one of the most effective means of achieving external and internal political goals both in military and in peacetime as evidenced by the experience of their realization. At the present stage, special information operations have become a part of a new type of war, the so-called “Hybrid war” and provides significant impact on the military and political confrontation between the opponents countries.
The publication of judicial decisions as a reason for convincing precedent
Authors: Sabodash Roman 
Published: March 2020

The paper shows how the publication of court decisions influenced the formation of a precedent. The author reviewed scientific works devoted to research the precedent in common and continental law. The research explains that the formation of precedent in England was accompanied by development of the judgment’s reviews and their prevalence among lawyers. Of course, publication of court decisions was not a major factor in setting a precedent, but it played a significant role in this. The paper also describes facts of the publication of court decisions in Italy, Germany, France and the Netherlands, as well as the admissibility of their citations at the court of cassation. The general idea of the paper is that convincing precedent exists and is used although the countries of continental law do not have a «classic» precedent. The paper gives a review of the importance of the state register of court decisions for setting a convincing precedent in Ukraine. The author analyzes the pros and cons of citing court decisions. It’s stated that, unfortunately, the quotations of court decisions is not always correct and sometimes amounts to rewriting the «right» legal position without comparing the circumstances of the case. The article concludes that the practice of applying a convincing precedent in Ukraine is only emerging and needs further improvement.
It has been found out that the publication of judgments of supreme courts is one of the factors that helped to establish precedent in common law countries. The publication of court rulings also created the conditions for a convincing precedent in civil law countries (especially in private law). At the same time, the formation of a “convincing precedent» in countries where court decisions are published in publicly available electronic court registers is much faster than in common law countries. Of course, the structure and the significance of the precedent in the common law and civil law countries are different, but one cannot dismiss that publication of court decisions as one of the factors for establishing the precedent.
Non-compliance with international labor standards in the implementation of codification of labor legislation
Authors: Tsyhanchuk Nataliya 
Published: March 2020

The integration of Ukraine into the European Union requires amendments to national legislation and harmonizing its norms with international standards. At present, it is necessary to prepare and adopt a new Labor Code of Ukraine. In the Verkhovna Rada four Draft Labor Codes have been registered, but the analysis of each of them indicates that not all norms of the proposed drafts meet international standards.
International labor standards and of foreign experience should be applied with due regard for the features of the legal systems of different countries, including ours.
The issues of developing the concept of reforming the labor legislation of Ukraine and its further progress, as well as the adoption of the new Labor Code, have long been the subject of scientific debate and research. But many questions are not answered. In this regard, this topic is still relevant.
Draft Law № 0955 was registered in the Verkhovna Rada, replacing Draft Law № 1658, which had already been voted for at first reading and had been awaiting for consideration at second reading, but was revoked by the Verkhovna Rada of the new convocation because of its inconsistence with the norms and principles of international law and with International Labor Organization Conventions ratified by Ukraine.
The analysis of Draft Law № 2410 and Draft Law № 2410-1 indicates that they also do not meet international labor standards and therefore require improvement.
Draft Law on Labor № 2708, submitted by the Cabinet of Ministers of Ukraine, contradicts the Constitution of Ukraine and other laws and had been developed without the involvement of social partners, that is employers and trade unions.
The authors of the Draft Law had not taken into account the ILO Conventions, ratified by Ukraine, and the commitments undertaken by Ukraine as a result of signing the Association Agreement with the EU in labor relations issues. The analysis of the Draft Law shows that its provisions commit the gross violation of the norms of the Constitution of Ukraine and of the current labor legislation and do not meet international labor standards. It is necessary to adopt a new Labor Code of Ukraine, but it must be a legislative instrument that meets all international labor standards and is built on the principles of social partnership.
Bankruptcy of state-owned enterprises in the light of legislative reforms
Authors: Hychun Maksym 
Published: March 2020

The article is devoted to the investigation of bankruptcy of state-owned enterprises, in particular after the Bankruptcy Code of Ukraine came into force on October 21, 2019.
The opinions of scientists and their different points of view are presented, in particular that some insist that it is the first codified act on the settlement of insolvency (bankruptcy) in the whole history of Ukraine’s independence, which will give impetus for positive changes and raise the bankruptcy institute. scientists - quite rightly point to the gaps contained in the Bankruptcy Code of Ukraine and the irreversible consequences that can occur after it enters into force. The analysis of the national legislation in the part of bankruptcy of state-owned enterprises, as well as the practice of its application, considered the issues of bankruptcy of state-owned enterprises, namely in terms of approaches of the Bankruptcy Code of Ukraine to the bankruptcy of state-owned enterprises and the identification of conditions that improve them. Some aspects of the Bankruptcy Code of Ukraine, which have both positive and negative features, are investigated. The article states that the positive influence of the Bankruptcy Code of Ukraine on bankruptcy of state-owned enterprises and improvement of conditions for restoration of their solvency cannot be clearly stated. First and foremost, it is essential to amend the Bankruptcy Code of Ukraine as part of the opening of bankruptcy proceedings against public authorities, preventing abuse in this aspect, and to fully regulate the rehabilitation procedure, in particular regarding its duration, so as to prevent the enterprise from being captured. legal grounds, as well as to regulate the bankruptcy of enterprises located in the occupied territories of Crimea and parts of Donetsk and Luhansk regions. Bankruptcy Code of Ukraine needs further improvement in this part, and theoretical and scientific developments will give impetus for the further development of the bankruptcy institute.
Venture Capital Funds as Joint Investment Institutes under the Legislation of Ukraine and Regulations of the European Union: General Characteristics.
Authors: Ivanyuk Yosyf 
Published: March 2020

Joint investment institutes, in particular, venture capital funds, constitute a significant part of the economies of developing countries, as they stimulate the investment of individuals and legal entities and play an essential role in the development of young companies that are building their business on the basis of innovations and innovative technologies (start-ups). In addition, the use of venture capital funds for legitimate tax optimization or as financial intermediaries within the group of companies is a very common phenomenon on the market of goods and services, in particular, in Ukraine. The activities of the venture capital funds in Ukraine as a whole are constructed in accordance with the European model, but there are still some differences and imperfect legal regulation, which is a problem in understanding the approximation of Ukrainian legislation to unified EU regulations.
The subject of the article (study) is the analysis and comparison of the venture capital funds as joint investment institutes in Ukraine and EU law on the basis of the national legislation of Ukraine and the relevant EU directives. Similar studies in Ukraine are practically absent, with the exception of the thesis by Polianska I.Y. "Investors 'Rights in Joint Investments: Comparison with European Legal Models", devoted to the study of the nature of investors' rights in the implementation of joint investments and the determination of the laws of legal regulation of the status of joint investment institutes under the legislation of Ukraine and legislation of foreign countries, in particular Western European States, scientific publications Hlibko S. V. and Sydorenko YU. V. "Issues of legal regulation of investment funds in the EU", Svikhrov S.O. and Schastlyvtseva R.V. "On the necessity to bring commitments on the activity of institutional investors in Ukraine to the legislation of the European Union", Inna Lobas "Foreign experience of state support of venture investment of innovation activity".
The purpose of the publication is to study the general legal regulation of activities of venture capital funds and joint investment institutes in the EU countries, to compare it with such regulation in Ukraine and to bring proposals to improve the specified legal regulation in Ukraine.
Protection of intellectual property rights in the conditions of innovative development of countries
Authors: Kovalova Maryna 
Published: March 2020

The research intensive companies have been increasingly emphasizing on the commercialization of their innovations to adopt a central strategy for competitive advantage. During last two decades, many small and medium companies have shifted their focus to technological inventions leading to entrepreneurship and simultaneously they are commercializing their new technologies. A well-balanced and accessible intellectual property system plays an important role in this process. Intellectual property rights serve to protect the often large and high-risk investments in innovative companies, thereby providing major incentives to make such investments.
Patents and intellectual property are important products of any national innovation system. Innovation is a key driver of economic growth and development in the medium and long term for each country. The concept of innovation can be described as the process of introducing new products, services and production processes to the market and, as a consequence, the creation of new profitable enterprises.
A properly created system of protection and protection of intellectual property rights grants exclusive rights to inventors and thus increases their chances of getting the start-up (initial) investments they need to bring new technologies to the market. In other words, intellectual property rights are a key prerequisite for the emergence of intellectual property in the market.
Comparison of European legislation with Ukrainian legal standards shows that Ukraine has embarked on a path that is broadly in line with the general global trends in the evolution of legislation in technology transfer. Additional rules that have been successfully applied in European legislation (but are not yet in Ukrainian) can be further integrated into existing legal acts or incorporated into draft new laws, such as the law on the commercialization (transfer) of technologies.
The problems that Ukraine will have to solve in the field of technology commercialization in the next few years make it necessary to study the experience of developed countries. Copying is not possible, any innovative measures are successful in the national context: economic, social, legal, etc.
Illegal crossing of the State Border of Ukraine: some aspects of elements of crime
Authors: Kuryliuk Yurii 
Published: March 2020

The article analyzes elements of the crime covered by the Article 332-2 of the Criminal Code of Ukraine, establishing criminal liability for illegal crossing of the State Border of Ukraine, and also discloses peculiarities of the criminal legal qualification of this action.
It is determined that as the patrimonial object of the crime under the Article 332-2 of the Criminal Code of Ukraine should be considered homogeneous social relations, covering a certain sphere of the public life that is the border security of Ukraine, violation of which causes socially dangerous harm to the components of this sphere that is defense of the State and its border protection, sovereignty, territorial integrity and inviolability. The direct object of this crime is the public relations, which provide for the normatively established and regulated procedure for crossing the State Border of Ukraine.
It has been established that the procedure for crossing the State Border of Ukraine may manifest itself in several forms: 1) by any means (by foot, by auto transport, by swimming etc.) outside the checkpoints across the State Border of Ukraine; 2) by any means (whether hidden or breaking through, or not) at checkpoints across the State Border of Ukraine without the relevant documents; 3) by any means (whether hidden or breaking through, or not) at checkpoints across the State Border of Ukraine with the documents, containing inaccurate information.
Should not be underestimated the blanket nature of the disposition of the mentioned article that requires precise determination of the relevant regulatory acts, determining the list of documents that are necessary for crossing the State Border of Ukraine by a certain category of people, and also confirm the fact of opening a specific checkpoint across the State Border of Ukraine.
The disposition of the Article 332-2 of the Criminal Code of Ukraine defines several groups of subjects, in particular: 1) a person who is prohibited from entering the territory of Ukraine; 2) a representative of a unit of the armed forces or other law enforcement agencies of the State who is an aggressor; 3) a person with the aim to illegally cross the State Border of Ukraine for harming the interests of the State. Moreover, it was established that the aim for “harming the interests of the State” is not necessary for the illegal crossing of the State Border of Ukraine by persons who are prohibited from entering the territory of Ukraine, or by representatives of a unit of the armed forces or other law enforcement agencies of the State who is an aggressor.
The criminalization of the illegal crossing of the State Border of Ukraine is an important aspect of creating conditions for the proper protection of the vital interests of an individual, the society and the State from real and potential external and internal threats in the border space of Ukraine.