bluuebunny/crossref_metadata_2025_split huggingface dataset:
Institutional capacity on protection against infectious diseases in Ukraine
Authors: Demchenko Ivan 
Published: June 2020

The reform of sanitary and epidemiological surveillance and protection of the population against infectious diseases is accompanied by serious challenges and unforeseen circumstances. In Ukraine, a significant number of persons who are infected with hepatitis C and B. Ukraine is a leader in Europe in terms of HIV prevalence. In 2019, half of all measles cases in the European Region were reported in Ukraine. In the same year, the number of cases of diphtheria increased. In Ukraine, a significant number of tuberculosis patients. Coronavirus (COVID-19) is spreading worldwide today. In this article, we will focus on issues Institutional capacity on protection against infectious diseases in particular, and sanitary-epidemiological surveillance in particular.
The Ministry of Health of Ukraine is the central executive authority, which provides formation and implementation of the state policy on protection of the population health against infectious diseases. The Ministry of Health of Ukraine also ensures the formation of state policy in the areas of sanitary and epidemiological well-being of the population.
What executive authority implements the state policy in the sphere of sanitary and epidemiological well-being of the population, regarding the protection of the population from infectious diseases? This authority was the State Sanitary and Epidemiological Service of Ukraine (SES). In 2014, the Cabinet of Ministers of Ukraine decided to reorganize the SES. The decision on the reorganization of the SES was appealed in court and was found unlawful. In 2017, the Cabinet of Ministers of Ukraine changed its previous decision - now the SES was not subject to reorganization but liquidation. In terms of unlawfulness / lawfulness of actions (decision-making) by the Cabinet of Ministers of Ukraine were analyzed. The conclusion: Cabinet of Ministers had been acted in full compliance with the requirements of the legislation.
An analysis of the history of the delegation of powers of the SES (including the results of court proceedings in this case) shows that: the functions of the implementation of state policy that belonged to the SES were entrusted to the State Service on Food Safety and Customer Protection, without functions of the implementation of state policy in the field of epidemiological surveillance.
The problem is that, term what is “epidemiological surveillance”, at least at the legislative level is not set. At national legislation is enshrined and detailed in the subordinate legal acts “state sanitary and epidemiological surveillance”. It is justified that the transfer of the powers of the SES was not carried out properly and, in fact, its powers are not assigned to any of the state authorities.
Transfer of right to claim in obligation (cession)
Authors: Pohrebniak Volodymyr 
Published: June 2020

The article is devoted to consideration essence and order of realization of transfer of right to claim in relative legal relationships (cession). It is defined that in modern juridical literature a cession is principally considered as transfer of claims of a primary creditor (assignor) to a new creditor (assignee) based on a contract. Appropriate result is achieved by separate relationship in which primary creditor is obliged to transfer his right to claim to another person. A result of appropriate juridical operation is complete or partial change of the creditor in primary relationship.
It is defined that paragraph 1 of part 1 of article 512 of Civil Code of Ukraine demonstrate that cession is characterized by such signs as: 1) is a volitional act of a person to who belong civil right to claim; 2) is a dealing-nature act. In view of these factors numerous scientist consider contract as main cause for cession.
The approach according to which a contract of cession is consensual and recognized as concluded in moment when its participants reconcile all determinative conditions including an object of cession is the most widespread in modern juridical literature. At the same time the author substantiates that appropriate persons can conclude cession contract in real form by using construct of previous contract. It is defined that cession provides singular succession. The acquirer can get creditor’s rights only if it belong to creditor. Singularity also means that acquirer gets only appropriate subjective civil right as a separate object but not all civil rights and obligations of assignor how does it take place for example in succession after a testator.
Considering appropriate problem in context of such categories as “foreclosure” and “compulsory alienation” the author defines it possible to increase categorical composition of civil law by term “compulsory cession” which means conduction of cession forcefully, for example by court order which doesn’t provide creditor’s assistance.
About the Determination of Crime
Authors: Holovkin Bohdan 
Published: June 2020

In the article on the basis of system approach the concept and mechanism of determination of crime are considered, the system of determinants of crime is established, causality of this phenomenon is revealed. It is noted that crime arises, exists and develops as a result of the interaction of members of society with each other, as well as with the social environment and society as a general system. Therefore, crime first and foremost linked to the conditions of life of society, the state of social consciousness and the system of social relations. Crime does not produce a single phenomenon, process or event, but a synergy of similar and homogeneous phenomena and processes. In addition, crime is capable of self-reproduction, by regularly repeating the most persistent forms of criminal behavior. Of all the types of determination, causality is of paramount importance, since this category reflects the objective, regular link between crime and the phenomena that give rise to it.
At the level of society, the causes of crime are criminogenic deformations of the legal consciousness and legal culture, which, under certain conditions, naturally give rise to criminal forms of behavior by members of society. Such deformations lead to a criminal state, when people think about the benefits of criminal behavior and are not afraid of criminal responsibility. Deformations of the legal consciousness include defects in the legal worldview, distorted values, the legal subculture, double morality, anti-social interests, and opportunistic behavioral strategies.
Among the conditions contributing to the increase in the crime rate, the biggest influences are: shadow economy and criminal monopolism; corruption; poverty of a large part of the population; income inequality; job cuts and unemployment; uncontrolled urbanization; ill-considered changes to the legislation, first of all criminal; human rights abuses; social tension and conflicting; concealment of criminal offenses from accounting, low rates of disclosure of criminal offenses; unfair judgments (sentences); trafficking in weapons, ammunition and explosives; unreasonable large-scale amnesty of criminals; high levels of consumption of alcoholic beverages, drugs and psychotropic substances; child homelessness and neglect.
Mistake of fact and endangering actions as circumstances which can affect differentiation of criminal responsibility for unfinished crime
Authors: Antoniuk Natalia 
Published: June 2020

Most of the aspects of differentiation of criminal responsibility for unfinished crime though being discussional, are duly researched in the criminal scientific studies. However, the sphere of unresearched institutes exists enabling us to speak about its influence on differentiation of criminal responsibility. This institutes are the mistake of fact and so called “delicts of endangering”
The purpose of this research is to analyze the differentiated influence on criminal responsibility of crimes committed with the feature of mistake of fact and of delicts of endangering. It is planned to illustrate, basing on certain examples, the importance of these institutes for differentiation of criminal responsibility. By the way, the task of this article is to reveal the shortcomings of criminal law in force and to make propositions on their removing.
Up to date, taking into consideration the provisions of part 3, 4 of Article 68 of the Criminal Code of Ukraine, the court can`t impose punishment on person, guilty of committing a crime under effect of mistake of fact, qualified as attempt, higher than 2/3 of the maximal severe punishment (envisaged in article of special part of the Criminal Code). The court, as well, can`t (in most cases) impose life imprisonment even when the damage totally equals the damage caused by finished crime. For instance, planning to kill with mercenary motives a minor, the guilty person kills an adult. This action can’t be qualified as finished crime, as the mistake of victim occurs. Nevertheless, object of human life is objectively damaged. So, the crucial necessity to make equal between each other finished crime and crime, committed under influence of mistake of fact, is evident.
Differentiating criminal responsibility in situations when damage is desired by the guilty person, the legislator in fact hasn’t bothered to duly differentiate criminal-legal consequences in case of endangering without the desire of such damage. That`s why it is of great importance to regulate by norms criminal actions which are endangering social relations with social dangerous damages, but don’t have the features of criminal aim, motive and desire of guilty person. This step can provide differentiated approach towards socially dangerous behavior, delimiting the estimation of act and consequence. It can concentrate the attention on subjective evaluation of potential consequences by guilty person, notwithstanding the factors, which often exist besides mental estimation of the subject.
The controversial issues of the implementation of clemency in the legislation of Ukraine and foreign countries
Authors: Denysovskyy Mykhaylo , Tomchuk Inna 
Published: June 2020

The article deals with issue of clemency and its controversial application in Ukraine. Thus, the subject of our study is the analysis of the norms of domestic law that regulate the grounds and procedure of applying clemency to people who committed the crime and sentenced to imprisonment. The practical experience of the application of clemency in foreign countries is analyzed. Particular attention is paid to the comparison of the norms of Ukrainian and foreign legislation in the practice of clemency with revealing its disadvantages and advantages. In particular, the regulations of the Constitutions, the Criminal Codes and other normative acts that refer to the issue of clemency are examined.
The study demonstrates that legislative support for the implementation of the clemency in Ukraine is vague as from the standpoint of the theory of law and from the point of view of procedural reliability and transparency of legal decision-making. The study has confirmed the weaknesses of the implementation the mechanism of clemency for people who are sentenced to life imprisonment. It has been found that the practice of applying clemency in Ukraine is accompanied with direct violations of the requirements of normative legal acts.
The article provides the analyzes of statistics on the number of people who have been granted the clemency in Ukraine and abroad during 2010-2019. The study has confirmed that the issue of clemency is rare practice nowadays in comparison to the previous years.
The results of our research suggest that the application of clemency in all countries is not only justified by the considerations of humanism but the institution of clemency also has a practical purpose, it can contribute to the achievement of the specific political goals.
The mechanism of clemency has become an up-to-date issue nowadays in Ukraine legislation, thus the study suggests a number of amendments to the legislation of Ukraine to improve the downsides of the legislative regulation of the mechanism of clemency in the criminal legislation.
Modern investigative interview models
Authors: Lutsyk Vasyl , Havhun Sophia 
Published: June 2020

The article presents the first scientific research in Ukraine on modern investigative interview models and is devoted to this procedural institute as a mechanism of collecting and recording accurate, credible and reliable information during criminal investigations in order to accomplish the objectives of criminal proceedings and to establish the facts of a particular case.
This research aimed to analyze main components of such specific investigative interview models as PEACE, PRICE, the RCMP phased interview and KREATIV. Second, it was intended to assess how useful for countries that implemented interviewing in their law systems consider those interview techniques of different types of participants in criminal proceedings (witnesses, victims, suspects).
Based on the analysis of the rules of criminal procedural law of individual countries, the scientific positions of scientists, international experience and achievements in the practical application of the interview the authors determine the most used investigative interview models, their advantages and disadvantages of the practical use and the contribution to law enforcement activities.
The results indicated at least three major benefits of investigative interview. First, it does not make use of coercive or manipulative strategies which in perspective reduces the chance that a statement will be deemed inadmissible. The second, assuming that obtaining a confession is the desired outcome, before and after the implementation of investigative interview, roughly 50% of interviewees confessed to their crimes; furthermore, the confession rate seems to hover around 50% in countries that continue to use interrogation techniques. And the third, the use of principles well-established scientific knowledge about how memory works (cognitive interview) and the conversation management approach is an effective memory enhancement technique for cooperative interviewees.
The authors accent that political, legal, and – most importantly – organizational steps will appear to be that is needed to make the necessary changes for investigative interview to achieve desired results. Summarizing the above, a number of comprehensive recommendations have been made in light of exceptional and discovered circumstances.
Analysis of European and national experience performance of police enforcement activities
Authors: Bakutin Yevhen 
Published: June 2020

The article reflects the experience of European countries, where much has been done to transform the police into an effective state institution, which enjoys the trust and respect of citizens. The basic organizational and legal foundations of the police - one of the oldest and inalienable components of world civilization, the conceptual justification of the reliable protection of individuals, society and the state from criminal attacks, the rule of law, public safety are considered.
Formulating the purpose of the article. The use of technical means of fixing offenses is one of the essential elements of a highly developed society. At the same time, Ukraine is actively pursuing its foreign policy towards accession to the European Union. That is why the integration intentions of our state necessitate the systematic improvement of the use of technical means of fixing offenses. Resolving objections and conflicts requires the proper regulation of the procedure for bringing the offender to justice, which, in turn, requires comprehensive scientific studies of these problems.
Technological advances have led to new challenges for human rights, as legal regulation tends to regulate existing legal relationships and does not account for the emergence of new forms. A striking example of this is the geometric progression of the use of technical means of fixing offenses by the police in compliance with public order.
According to the analysis of the law enforcement practice of the use of technical means, quite often leads to strong objections between citizens and representatives of authorized state bodies, which need their resolution and resolution. This is especially the case for the use of technical means of fixing offenses for the purpose of counteracting offenses, and also when using these technical means as evidence.
Police activity is one of the foundations for the promotion and development of pan-European values. However, in order for it to be effective, it is essential that the police respect human rights, the rule of law and the principles of democracy - otherwise these pan-European values will be threatened.
Some Problems of Free Legal Aid in Criminal Proceedings
Authors: Krushnitska Oksana 
Published: June 2020

The article deals with some problems of providing free legal aid in criminal proceedings.
It has been identified and shown that the main prerequisite for ensuring the right of a person to legal aid can be considered to be the creation of reliable legal and organizational grounds for its actual provision.
It is proved that the correspondence of a prisoner sentenced to imprisonment with the centers of free legal aid is, firstly, subject to review by the administration of the penitentiary institution, secondly, such letters will not necessarily be sent as a whole, and thirdly if such letters are sent wherever possible and there is no legal deadline for sending them.
Some issues are outlined, such as the right to receive legal aid in a timely and effective manner to prisoners in prison. Alternatively, the right to amnesty, the right to pardon, and the right to review a judgment in newly discovered or exceptional circumstances, and other rights and freedoms that are not necessarily related to giving a person access to justice may be violated or inaccessible to the sentenced person.
Therefore, the right to receive legal aid in a timely and effective manner to prisoners in prison may be violated. Alternatively, the right to amnesty, the right to pardon, and the right to review a judgment in newly discovered or exceptional circumstances, and other rights and freedoms that are not necessarily related to giving a person access to justice may be violated or inaccessible to the sentenced person.
A study and systematization of methods of thefts of natural gas are by interference with work of device of account
Authors: Homich Dmitro 
Published: June 2020

The results of the study of different ways to commit abduction of natural gas by interfering with the work appliance are considered in the article. A special attention is paid to the abduction of natural gas by interfering with manipulation of a gas meter. The study has revealed that these ways include training actions, committing and hiding of criminological traces of such crimes. The ways to commit abduction of natural gas depend on the following factors: professional skills of the offender, construction of gas network, methods of direct impact on gas meters and their components. Results of studying given problem make it possible to systematize the actions of criminals aimed at direct abduction of natural gas by interfering with manipulation of a gas meter: by exposure time (regular and one-off), by form of influence (mechanic and magnetic methods). A way of committing a crime manifested itself in committing certain actions and left certain trace picture changing the environment. These changes reflected the ways of committing the crime, disclosed the professional and criminal skills of the offender. The techniques of committing crimes that were investigated were repeated. This pattern is objective in the investigation technique of the abduction of natural gas by interfering with manipulation of a gas meter. The key finding of the study shows that the repetitive nature of such crimes is explained by the repetition of objective and subjective factors. It gives us reason to talk about similarity in the commission of crimes caused by a coincidence of species traits. The ways to commit abduction of natural gas by interfering with the work appliance includes acts that are naturally associated with the commission of a crime and aimed at preparing and hiding them.
Therefore, to prevent the abduction of natural gas by interfering with manipulation of a gas meter the study focused on revealing the ways of committing such crimes because they are of great use in their investigation. A list of ways to steal natural gas is not complete, new ways of abduction of natural gas will appear that will be characterized by greater level of concealment.
The impact of armed conflict on the effects of international treaties
Authors: Tienieshev Vyacheslav 
Published: June 2020

In the science of international law, different views are expressed on the nature of the impact of war on international treaties.
It should also be noted that there is no strict consistency on this issue and in the practice of international relations. This was one of the reasons for the lack of relevant provisions in the Vienna Convention on the Law of Treaties.
Some definite understanding of the content of existing customary norms and trends in the progressive development of international law is given by the Articles of the United Nations Commission on International Law on the Consequences of Armed Conflicts for International Treaties.
The basic principle enshrined in the Articles is that the existence of an armed conflict ipso facto does not terminate or suspend treaties between States Parties to that conflict or between a State Party to an armed conflict and a State which is not a Party to it. This principle is intended to promote the stability of international relations.
The following factors should be considered when deciding whether to terminate, withdraw from, or suspend an armed conflict in the event of an armed conflict:

a) the nature of the contract - in particular its subject, object and purpose, its content and the number of parties to the contract;

(b) The characteristics of an armed conflict, such as its territorial distribution, scale and intensity, its duration and, in the case of a non-international armed conflict, also the degree of external involvement.
The developers of the Articles have tried to provide an indicative (and therefore inexhaustible) list of types of contracts, the subject of which is to extend their validity. The categories of contracts included in the indicative list caused a great deal of disagreement.
The intention to terminate the treaty shall be communicated to the other States Parties or the depository of the treaty. The termination or suspension of a treaty as a result of an armed conflict in no way affects the obligation of the State to fulfill the obligations enshrined in the treaty, which also exist in accordance with international law, regardless of this treaty.
Following the termination of an armed conflict, unless otherwise agreed by the parties, the suspension of the suspended agreements may take place with the agreement of the States concerned.
Obviously, customary international law has developed a set of rules regarding the impact of armed conflict on treaties. Armed conflict in modern international law ipso facto does not terminate or suspend existing treaties, even though a number of them may be terminated or suspended in view of their nature. In this regard, it can be said that the regulation of treaties in the event of armed conflict aims at the maximum possible preservation of legal relations between the states.