bluuebunny/crossref_metadata_2025_split huggingface dataset:
Ensuring of the rights and legal interests of the person in the conditions of “digitalization” of criminal proceedings
Authors: Demura Maryna , Klepka Daria , Krytska Iryna 
Published: June 2020

The article identifies and characterizes perspective vectors of digital transformation of pre-trial investigation through the prism of ensuring the rights and legitimate interests of the individual.
In particular, the first vector of digital transformation of pre-trial investigation is the improvement of the national model of detection and disclosure of criminal offenses. Its separation is due to the fact that the rules of the current criminal procedural legislation differ with certain archaicity about the latest manifestations of illegal acts on the network, since they contain general rules for the protection of rights and legitimate interests of a person against threats in reality, without considering the possibility of committing criminal offenses online. The main directions of this vector include: (1) determining the position of digital information and its media in the system of procedural sources of evidence; (2) expanding the legislatively regulated ways of generating evidentiary information in criminal proceedings; (3) change of conceptual approaches to the verification and evaluation of evidence in criminal proceedings.
At the same time, the second vector of digital transformation of pre-trial investigation should be the creation of a digital platform for the interaction of the criminal proceedings subjects. The article highlights the potential directions for implementing the idea of creating a designated platform: a) fixing the possibility of filing an application, notification of a criminal offense through electronic appeal; b) the creation of a single electronic register of pre-trial investigation and trial materials, which should ensure free access of parties to the material of proceedings. According to the authors of the article, such access to the materials of the proceedings should provide various possibilities: (1) online submission of procedural documents, exchange of documents between participants, courts, institutions; (2) online access to all publicly available material; (3) ensuring the identification of a person in criminal proceedings by means of an electronic signature whereby it can be established that the document is signed electronically by a specific person; (4) messaging online; (5) obtaining the results of the consideration of the petitions by the parties to the proceedings, and more.
Criminal and legal evaluation of rules of conducting clinical research of medicinal products violations
Authors: Shkodiak Alona 
Published: June 2020

The article investigates the two legal components of crime that establish criminal liability for violations during clinical research of medicines. They are Art. 141 of the Criminal Code of Ukraine, which establishes responsibility for conducting clinical trials of medicines without the written consent of the patients or their legal representative, or in cases with minors or legally incapable persons if these actions caused the death of the patient or other grave consequences, and Art. 321-2 of the Criminal Code of Ukraine, which in part 1 envisages responsibility for intentional violation of the established procedure of preclinical study, clinical trials of medicines, falsification of their results, as well as violation of the established procedure of state registration of medicines.
In particular, the article studies the issue of the person under the study (research subject) who is the victim of these crimes. The author notes that there is a disagreement in the regulations concerning the issue of who can be subject of research. In the Law of Ukraine “On Medicines”, such persons are adults, minors, underage persons, persons who are declared incapacitated by the court or whose civil capacity is limited due to mental illnesses. The MoH Decree No. 690 defines subjects of study as legally capable adults, minors, underage persons and incapacitated of persons. The lack of a procedure to include persons with disabilities raises questions about the possibility of involving such persons in clinical trials.
The objective side of the commission of these two crimes was investigated, the subject of these crimes was identified. Both in Art. 141, and in Art. 321-2 of the Criminal Code of Ukraine in the part of conducting clinical research of medicines, the subject is special; it can be a researcher/co-researcher (doctor) or other employee of a medical-prophylactic institution, at the facilities of which - by decision of the central body of executive power which forms and provides implementation of state policy in healthcare - a clinical trial of the medicine is conducted and which is involved in conducting a clinical research.
The author notes that these two articles can correlate as general and special norm, which differ in the main subject of criminal and legal protection. The author proposed to amend these two articles in order to avoid a double criminal prohibition on one act.
Influence of International Law Standards in the Field of Judges Labor Protection and European Integration on the Reform of National Law
Authors: Kochkova Anna , Dei Maryna 
Published: June 2020

The legal regulation of the work of judges is important at the international level, confirming the huge number of international legal acts regulating this issue. A number of important documents have been adopted at the regional level, namely under the auspices of the Council of Europe and the EU.
The provisions of the Law of Ukraine “On Judiciary and Status of Judges” of 2016 are analyzed. The relations between Ukraine and the EU in the aspect of justice and judicial reform in accordance with the Association Agreement and the impact of such cooperation on the legislation of Ukraine are considered. We can argue for the unconditional influence of the rules of international law on the updated Law of 2016 in the context of a clear definition of the criteria for the selection of candidates for the post of judge.
The article reveals the peculiarities of the influence of the international legal norms and standards of the Council of Europe and the EU in the matter of securing the labor rights of judges and regulating the issue of legal relations with judges. The article compares the compliance of Ukrainian legislation with international legal standards. In addition, the author proposes changes that need to be made to the legislation of Ukraine in order to ensure the protection of the labor rights of judges and increase the efficiency of the judicial system of Ukraine.
Having considered violations of labor rights and court decisions on these issues, as well as norms of international law and legislation of European countries, the author proposes to introduce a number of important changes in Ukrainian laws. In particular, it is advisable to make changes to regulate the housing issue of judges by the selection of criteria that are put forward to a candidate for judicial office, recruitment procedures and grounds for dismissal of a judge for professional unfitness. Thus, all relevant changes will not only make adjustments to ensure the labor rights of judges and their protection to international law, but will also serve as additional grounds for maintaining the impartiality and efficiency of the judicial system in Ukraine.
Will the European Union accede to the European Convention on Human Rights? ‘Before’ and ‘after’ the Opinion 2/13 of the ECJ
Authors: Polivanova Olena , Poberezhna Olga 
Published: June 2020

The article examines the European Union’s accession to the 1950 Convention for the Protection of Human Rights and Fundamental Freedoms. To this end, two stages of accession are being examined: the stage before the Court of Justice of the European Union delivered its Opinion 2/13 of 18 December 2014 on the compatibility of the Draft agreement on the accession of the European Union to the Convention with the Treaty on the European Union and the Treaty on the Functioning of the European Union and the stage after this Opinon.
In the frames of the first stage the prerequisites for the Court of Justice of the European Union’s making the Opinion 2/13, the content of the Draft agreement on the accession of the European Union to the Convention and the main provisions of the legal position of the Court of Justice of the European Union regarding the incompatibility of the Draft agreement on the accession of the European Union to the Convention are analysed. The second stage of the accession examines the intentions and real steps of the institutional mechanism of the European Union and the Council of Europe’s bodies for the implementation of accession, as well as possible ways of eliminating the inconsistencies of the Draft agreement on the accession of the European Union to the Convention identified by the Court of Justice of the European Union in its Opinion 2/13.
Considering that the preparation of the first draft of the EU accession agreement to the Convention took about three years, noting the lack of an updated draft accession agreement (which could have taken into account the position of the European Union Court of Justice expressed in its Opinion 2/13), taking into account the necessity of the compatibility assessment of the new draft agreement on the accession of the European Union to the Convention with the EU by the European Union Court of Justice, there is a reason to believe that the issue of the accession of the European Union to the European Convention on Human Rights will have been open for a long time. At the same time, following the adoption of the Opinion 2/13, both the Commission of the European Union and the European Parliament have repeatedly confirmed the continuity of the European Union’s course for accession, and the fact that in early 2020 it was decided to extend the deadlines for the development of legal instruments establishing models of the European Union’s accession to the Convention in the ad hoc group cannot but confirm the perspective of accession at least in the long run.
National legislation as a source of transnational criminal law
Authors: Popko Vadym 
Published: June 2020

The article covers the topic of national legislation as a source (form) of transnational criminal law. International criminal law doctrine has examined different aspects of legal sources many times, but development and establishment of transnational criminal law creates a necessity of research with a view to substantiating the concept of transnational criminal law and researching the empiric basis: international legal act and legislatures of different states.
Author finds that the systems of legal sources are in a state of constant development and reassessment, which does not change the fact that domestic legislation always takes its place in such systems. The author analyzes the positions of domestic and foreign scientists on the recognition of national legislation as a source of international criminal law. The place of national legislation in the system of sources of transnational criminal law its ancillary character are determined.
The author substantiates the position of recognition of national legislation as a source of transnational criminal law in view of the important conceptual feature of this sub-branch of law, which is manifested in the interaction of transnational (international) and domestic (national) criminal law. Transnational criminal law as part of international criminal law is part of the system of international law, is based on its principles and closely linked to national criminal law.
The article notes that every national or international legal system contains a specific system of legal sources, determined within its demands which allows to distinguish the peculiarities of each separate system. National legislation holds a special place in any of such system of sources of international criminal law and belongs to the group of auxiliary sources. It is emphasized that national legislation does not directly regulate international relations, but does affect transnational criminal law in various ways, in particular by criminalizing transnational crimes and penalizing them; according to the rules of national law, criminal prosecution of criminals and implementation of norms in accordance with the jurisdiction defined in the national legislation, etc., takes place.
Role of e-states in providing of informational security
Authors: Ibrahimova Aytakin 
Published: June 2020

Changes and innovations began in information society have affected to economic, social, political and cultural life. Notion of new state; model of e-state begins to gain importance as a result of formed changed in area of managment. Notion of traditional state managment has been replaced with the notion of state managment holding features of clearness, transperancy, convenient, rapidity and effectivness as a result of establishment of e-state. The relocation of information technology in public services to the electronic environment has led to changes in e-government management. That’s why, in the recent time, application of e-state has been widely widespreaded in area of state regarding the international and national level. Governments around the world, taking advantage of growing information and communication technologies, initiate projects to develop political norms aimed at improving the efficiency and effectiveness of public administration. During this time, the efforts of governments are also supported by international organizations. The emphasis of this problem on the part of both international and national structures has led to the fact that, along with the services of the electronic state, various methods of their technological and political characteristics are being formed. In this context, the problem of the electronic state in both the conceptual and applied aspects has been widely discussed and used in many scientific studies and literature for a short period of time. Thanks to the electronic state, which means the provision of public services in the electronic environment, public access to services is becoming faster and cheaper. E-government is also explained as the provision of public services to citizens through information and communication technologies.
Although the electronic state is considered as a new concept, the means that determine the novelty of the electronic state are associated with the methods and characteristics used that underline this concept. The concept of the state still retains its original purpose. The only new thing here is how and in what ways the electronic state fulfills its function, in contrast to the traditional one. Consequently, the electronic state is actually considered as a model that emphasizes the structural state of the state, and not as an approach based on the continuation of the traditional state. We can say that the electronic state is not just a government website, but all that exists within the framework of political, social, economic and technological means.
Peculiarities of court proceedings in insolvency cases under the laws of the Federal Republic of Germany
Authors: Baliura Anna 
Published: June 2020

The present article represents the results of the analysis of the German model of court proceedings in insolvency cases. In particular, within the framework of our research we have analysed specific aspects of the use of terminological apparatus, inter alia, we have traced the differences of the use of terms ‘insolvency’ and ‘bankruptcy’ under the laws of Germany. Besides, the article covers jurisdiction rules in insolvency cases and provides key characteristics of enforcement proceedings in respective cases. The present article contains in-depth analysis of criteria for recognition the debtor’s insolvency, namely, inability to pay, threatening inability to pay and over-indebtedness. During our research we have also identified and analysed legislative grounds for rejection of the debtor’s or creditors’ application initiating insolvency proceedings.
Further, the article clearly indicates the functions and powers of the court, as well as the rights and obligations of the parties at each stage of court proceedings in insolvency cases, notably, imposition by the court of security measures, namely, appointment of insolvency practitioner and restriction of the right to dispose of the debtor’s property, adoption or rejection by the court of insolvency recovery plan submitted by the debtor or appointed insolvency practitioner. This article also highlights time frames for realization of the above-mentioned rights and obligations and for the entire insolvency proceedings itself.
The article reflects evolution of German court’s approach to foreign proceedings in insolvency cases, as well as to decisions of foreign courts in case of this category from total non-recognition to recognition and incorporation of respective rules into the legislation of Germany on cross-border insolvency. The evolution in question is sustained by glaring court practice in this regard.
The present article provides quantitative conclusions on peculiarities of the entire insolvency system of Germany and, particularly, of German model of court proceedings in insolvency cases.
PERANAN SUNAN AMPEL DALAM DAKWAH ISLAM DAN PEMBENTUKAN MASYARAKAT MUSLIM NUSANTARA DI AMPELDENTA
Authors: Hamiyatun Nur 
Published: June 2020

Islam entered the archipelago through several figures called Walisongo. Sheikh Maulana Malik Ibrahim was a leader and pioneer in the field of da'wah who succeeded in forming students to carry out his missions in preaching to the Archipelago and that had happened since the 15th century AD The Walisongo figures I studied were; Sunan Ampel who first came only briefly or stopped by the land of Java with the intention of looking at his aunt until finally settled in Java. Then, the way of preaching carried out by Sunan Ampel by means of da'wah without any element of coercion or the path of peace.
Sunan Ampel conducts the spread of Islam in Majapahit with permission from Prabu Brawijaya, so that Sunan Ampel has full rights for Islamization in the Majapahit area. Furthermore, Sunan Ampel established a boarding school in the main door area of ​​the Majapahit kingdom where the Islamic boarding school area is a gift from Prabu Brawijaya. In the preaching carried out by Sunan Ampel, he has several tactics in the spread of Islam that I mentioned above. Then the students who were guided by Sunan Ampel also participated in the spread of Islam in all directions.
Keywords : Sunan Ampel, Da'wah and Muslim Ampeldenta
Authors: Putri Amalia Rosyadi 
Published: June 2020

Industrialisasi, individualisme, informasi, dan investasi mendukung kemajuan teknologi yang memicu semakin gencarnya globalisasi ekonomi. Manfaat internet telah membawa banyak orang terhubung ke internet dan konsumen mulai melakukan pembelian online melalui internet. Berdasarkan hasil survey yang dilakukan APJII 2016 dapat dilihat bahwa pengguna internet di Indonesia terbesar adalah dengan rentang umur 25-29 tahun dan 35-39 tahun, dimana pada rentang tersebut adalah rentang yang tergolong anak muda atau bisa dikatakan masuk pada “generasi milineal” atau “generasi Y”. Generasi cerdas ini secara teknologis mereka tumbuh di era informasi dan cenderung menggunakan media sebagai dasar sehari-hari. Hal ini diyakini sebagai kelompok terbesar orang yang memanfaatkan internet sebagai saluran belanja. Termasuk, melakukan transaksi melalui aplikasi Go-Food untuk memesan makanan dan minuman. Terjadi perubahan perilaku konsumen pada generasi milenial. Yang sebelum adanya Go-Food masih bertransaksi makanan secara konvensional, berubah jadi melakukan transaksi online, dalam kebiasaannya.
Kata Kunci: Perilaku Konsumen, Aplikasi Go-Food, Teknologi, Milenial
Dakwah Islam Di Era Milenial
Authors: Ghofur Abdul 
Published: June 2020

Tulisan ini berupaya menjelaskan dinamika dakwah Islam yang dialami da’i dalam menghadapi perkembangan zaman yang semakin modern. Tulisan ini memiliki fokus bahasan tentang bagaimana cara berdakwah di era milenial dengan menyiapkan da’i agar mampu beradaptasi dengan perkembangan IPTEK sehingga dapat memanfaatkan berbagai media komunikasi dan informasi yang banyak dipergunakan oleh para generasi milenial.

Kata Kunci: dakwah Islam, milenial, adaptasi.
Penerapan Layanan Konseling Pada Siswa Yang Melanggar Tata Tertib Sekolah Di Madrasah Aliyah Darunnah Lumajang
Authors: Bin Thohir Moh. Muafi 
Published: June 2020

Latar belakang masalah dari penelitian ini adalah adanya pelanggaran tata tertib yang dilakukan oleh siswa di sekolah Madrasah Aliyah Darunnajah lumajang, di sisi lain, layanan bimbingan dan konseling di sekolah di percayakan kepada guru BK untuk membantu dan membimbing siswa untuk lebih baik lagi dan mencegah siswa melakukan pelanggaran lagi. Penelitian ini difokuskan terhadap penerapan layanan konseling pada siswa yang melanggar tata tertib sekolah. Sedangkan tujuan yang ingin dicapai dalam penelitian ini adalah untuk mengetahui Penerapan Layanan Konseling Pada Siswa Yang Melanggar Tata Tertib Sekolah di Madrasah Aliyah Darunnajah lumajang. Metode penelitian yang digunakan dalam penelitian ini adalah penelitian kualitatif deskriptif. Adapun metode pengumpulan data yang dilakukan adalah metode observasi, metode wawancara dan metode dokumentasi. Hasil penelitian ini adalah bahwa setelah mendapatkan konseling dari guru BK, siswa tidak lagi mengulangi pelanggaran tata tertib sekolah, baik itu pelanggaran ringan, sedang, maupun berat. Adapun hasil dari bimbingan dan konseling yang di terapkan oleh guru BK adalah siswa menjadi lebih baik dalam mentaati peraturan tata tertib sekolah. Layanan yang digunakan oleh guru BK adalah layanan konseling individu, konseling kelompok, dan layanan informasi. diharapkan dalam melakukan penerapan layanan bimbingan dan konseling oleh guru BK, siswa dapat mentaati peraturan sekolah yang ditetapkan oleh sekolah dengan tidak terpaksa serta dengan penuh kesadaran diri.

Kata Kunci: Konseling, Tata Tertib, Pelanggaran
Kenakalan Remaja dan Psikososial
Authors: Utomo Sigit Tri , Ifadah Luluk 
Published: June 2020

Remaja identik dengan perkembangan mental baik dimensi fisik, sosial maupun spiritual. Remaja juga diindikasikan sebagai masa pencarian jati diri mereka berupaya menemukan jati diri melalui adaptasi dengan lingkungan tempat berinteraksi baik lingkungan belajar, lingkungan tempat bermain, maupun lingkungan masyarakat. Beberapa remaja yang tidak tepat dalam berinteraksi dengan lingkungan yang baik akan memberikan dampak negatif pada perkembangan mental mereka. Mereka melakukan tindakan anarkis, brutal, bahkan yang terjerat asusila, narkoba dan masuk penjara. Disinilah penulis memaparkan pentingnya penanganan dalam perkembangan mental spiritual remaja sehingga mereka tidak terjerumus pada pola westernerisasi.

Kata Kunci: Remaja, Kenakalan, Psikososial, Pencarian Jati Diri
An Analysis of Commisive Act in the Hunger Games
Authors: Rasyid Moh. Rifki , Wardhani Dwi Taurina Mila 
Published: June 2020

This research was about commissive acts uttered by characters and the aims behind the use of commissive acts in The Hunger Games : Mockingjay Part 2 movie. In conversation, commissive acts are threatening, promissing, vowing, refusing, etc. The research data was in the form of utterances that contained commissive acts uttered by the characters in the movie. To analyze the data, the researcher used Spradley’s theory (1998) which covered : data analysis; domain analysis, taxonomic analysis, componential analysis, and cultural value. This research was conducted by accomodating two theories: Levinson (1983) in analyzing commissive acts and Searle & Vanderveken (1985) in analyzing the aims of commissive acts. The result of the research showed that the were twenty five data that indicated as the relevant data. From the data, the researcher found five aims behind the use of commissive acts in the movie; they were planning, refusing, offering, promising, and threatening. The most dominant aim behind the use of commissive acts were planning (ten data) and promissing (seven data) while the least dominant were refusing (four data), offering ( two data), and threatening (two data).