bluuebunny/crossref_metadata_2025_split huggingface dataset:
The place and role of official observers from foreign states and international organizations in elections: the experience of Ukraine and foreign countries
Authors: Martselyak O.V. , Martselyak M.O. 
Published: August 2021

The article states that formation of representative state and local self-governmental authorities is an important stage of state formation. And the legitimacy of both their conduct and the representative public authorities in Ukraine depends on the extent to which it will be carried out within the framework of the election legislation and the extent to which the domestic legislator will provide anti-fraud factors and safeguards against mass violations of various elections.
National and foreign practice proves that the institution of election monitoring that is represented by various observers who contribute to the conduct of election campaigns on a democratic basis in accordance with the electoral standards developed by the international community, is rather effective in this respect.
In Ukraine, the status of official observers is granted to: 1) official observers from candidates, parties (organizations of parties) - subjects of the election process, 2) official observers from public organizations which are duly authorized to have official observers in the relevant elections, 3) official observers from foreign states and international organizations who can observe the election process.
The Electoral Code of Ukraine defines the status of official observers differently, in particular, official observers from foreign states and international organizations are not recognized as subjects of the election process. However, this does not diminish their role in monitoring the electoral process in Ukraine by the legality of the actions of its subjects. The introduction of the institution of official observers from foreign states and international organizations is seen as expression of trust between states and as evidence of the intention of these countries and international organizations to contribute to the democratization of the electoral process in the world.
The paper reveals the legal nature of official observers from foreign states and international organizations, highlights the standards of legal status of official observers from foreign states and international organizations developed by international organizations, considers national and foreign experience of legal regulation of their status and substantiates provisions on necessity for improvement of national electoral legislation on this basis.
Functions of democracy in the organization of the judiciary and the administration of justice
Authors: Sinyobok M.S. 
Published: August 2021

The main scientific achievements of foreign and domestic legal scholars in the field of research of the functions of rights in general are analyzed in order to reveal the concept of the functions of the people's right to the formation of justice and the mechanism of their implementation.
It is pointed out that in the legal literature there is almost no legal construction of the right of citizens to form (participate) in the formation (organization) of the judiciary. Therefore, in view of the above, the concept of the right of the people to form and implement justice through the prism of political rights, which are the guideline that promotes the realization of democracy, has been clarified. This clarifies the meaning and essence of political rights, in particular, the right to elect power and the right to participate in government.
Emphasis is placed on the fact that the Constitution of Ukraine proclaims the fundamental principle of a democratic state: "The bearer of sovereignty and the only source of power in Ukraine is the people." This principle provides an opportunity for the people to independently form a vision of their future and the future of the state, to determine the powers and composition of public authorities, which are responsible for meeting the expectations of the people, and to control their activities is difficult.
It is established that society controls the functioning of the court not only through the participation of citizens in the judicial process as jurors and lay judges, but also through the mechanisms of election of judges and their recall. That is, through the exercise of the right to form the judiciary and administer justice. Therefore, given that the formation of the judiciary by the people is carried out through elections, we consider it necessary to fully clarify the content and type of functions of democracy in the exercise of such a right, to explore the functions of elections in general.
Analysis of the legal positions of the European Court of Human Rights on the application of the euthanasia procedure
Authors: Shafi O.O. , Lyashenko K.V. 
Published: August 2021

The article examines the problems of euthanasia and the realization of the human right to suicide with the help of others in the context of the European Convention for the Protection of Human Rights and Fundamental Rights, the case law of the European Court of Human Rights. The authors focused on finding the necessary compromise between protecting the patient's right to life, which is a positive commitment of the state, and protecting the patient's right to respect for private life and individual independence. The main positions of the European Court of Human Rights on the possibility of use in euthanasia and in which cases are analyzed step by step.
In each case, it was described under what conditions the applicants had applied to the Court and what the difference was between the cases. It is emphasized what the Court relied on in resolving each individual case. It is stated how the Court interprets the possibility of applying Article 2 of the Convention in a negative light and in what cases and under what conditions the Court considers it necessary to apply the principle of “ratione personae”. It is indicated what is the main difference between active and passive euthanasia, and in which countries any of the forms of termination of life of a sick person is allowed, regulated and clearly regulated. It is noted that the issue of application or discontinuation of treatment was considered taking into account many objective factors that are taken into account in each case. Also, attention is paid to the analysis of the court's position on the importance of the role of the state in matters of termination of life, where countries should be given discretion in deciding on disconnection from artificial life support. Separately, the main risks of legitimizing euthanasia are emphasized, in particular, the authors point to the need to improve and comply with the imperative norms in each country to ensure the fulfillment of the positive responsibilities of each state.
Legal fact as the grounds of real rights termination to someone else's things
Authors: Ilkiv O.V. 
Published: August 2021

The article is devoted to the study of the grounds for the cessation of real rights to foreign things in order to further develop the theoretical foundations for the settlement of the transition of real rights. The foundations of the emergence of legal relations are analyzed, the elements of which are real rights to foreign things, and the legal facts of their termination are compared. The article describes the will of the subjects of real relations on termination of real rights as a dispositive factor, as well as comparative orders relating to circumstances that are not based on a contractual basis. The contract may be a legal fact that is the basis of the emergence of obligatory and real legal relations. The grounds for the emergence and termination of real relations are largely dependent on the peculiarities of the object, the real relations and the purposes of their use, where depending on the type of real rights to foreign things will be determined by their legal regime. The legal relationship that arises on the basis of the contract is mixed in nature, covering the obligatory and real legal nature of its components. Investigated that the administrative act of the authority of power can not act as a direct basis for the termination of real relations that arose on the basis of the contract without its termination. Therefore, the administrative act recognize the element of the legal composition, which ends with the termination of contractual relations. The refusal to use someone else's property should be considered as a subjective real right of any subject of real rights, which is given this civil law. The author came to the conclusion that in the event of the occurrence of the circumstance provided for a hypothesis of the legal norm, it can be considered as a legal fact, which is associated with the termination of real relations. The legal consequences of the mechanism of law accession are the appointment of certain rights and responsibilities of participants in civil legal relations or legal relations as a whole. In view of this, in the work it is proposed to improve the classification division of the grounds of termination of legal relations with strangers.
Consideration of artificial intelligence through the prism of legal personality
Authors: Rustamzade A.H. , Aliyev I.M. 
Published: August 2021

The article notes that today the global problem is the almost complete absence of normative legal regulation of the functioning and activities of artificial intelligence and standardization in this area should be implemented at the global level. However, the world community is just beginning to realize the real and potential nuances of the influence of fully automated systems on vital areas of social relations, on the growth of ethical, social and legal problems associated with this trend. The authors poses the question of who will directly be responsible for the wrong decision implemented in life proposed by “artificial intelligence” and various options for answering it are proposed. Only a conscious subject can be the subject of responsibility, and since weak systems do not have autonomy, on them, i.e. artificial intelligence cannot be blamed. Measures of legal liability are simply not applicable to it, for example, the elementary impossibility of artificial intelligence to recognize the consequences of its harmful actions.
In conclusion, it is proved that with all its development and the speed of information processing, many times exceeding even the potential capabilities of a person, artificial intelligence remains a program with material and technical support tied to it. Only a person is responsible for the actions of mechanisms, is tested for strength. As for the direct responsibility of artificial intelligence, in the current legal and social conditions, the question of its hypothetical responsibility is of a dead-end nature, since the measures of legal responsibility are simply inapplicable to it, for example, it is elementary for artificial intelligence to realize the consequences of its harmful actions. Even if artificial intelligence can simulate human intelligence, it will not be self-aware, and therefore artificial intelligence can in no way claim any special fundamental rights
The use of electronic evidence in civil cases, arising from loan agreements, concluded in electronic form
Authors: Chvankin S.A. 
Published: August 2021

This scientific article based on the analysis of case law, examines the theoretical and practical aspects of the use of electronic evidence in cases arising from loan agreements concluded in electronic form. Emphasis is placed on process of judicial proving in the most common categories of cases in judicial practice: in civil cases of debt collection under a loan agreement and cases on recognition of such agreements as invalid or unconcluded.
The range of legally significant circumstances that are included in the subject of proof in cases of debt collection under a loan agreement is determined. The range of court evidence used in judicial practice to prove to the court the presence or absence of the circumstances of the subject of evidence in these cases is outlined.
There is a relationship between the facts of the subject of proof, and the need to study and evaluate court evidence that confirms the fact of concluding a loan agreement only in conjunction with evidence that confirms the transfer of funds to the borrower. It is proved that the fact of concluding a loan agreement cannot be established by a court without establishing the fact of transferring funds to the borrower.
There is a contradiction between the provisions of the Law of Ukraine «On Electronic Commerce» and the provisions of the Civil Procedure Code of Ukraine on the classification of evidence submitted in electronic form and/or in the form of paper copies of electronic communications related to electronic transactions, written or electronic evidence, and a method for resolving this contradiction is proposed.
It is emphasized the importance for the court to pay special attention to the means of identification of the parties to the electronic transaction to determine the appropriate parties in resolving cases arising from loan agreements concluded through information and telecommunications systems. The conclusion is made about the possibility of procedural complicity on the part of the defendant if in the course of the trial was established that the loan was issued to one person, and the funds under the contract were transferred by the financial institution to another person's bank account.
EU migration policy: modern paradigms
Authors: Sokurenko V.A. , Khryakova N.O. 
Published: August 2021

The issue of migration policy of the European Union in the modern world is a researched and discussed phenomenon in scientific circles, as the European Union positions itself as a democratic entity with a liberal orientation, which enshrines and protects the right of every person to freedom of movement, so management aims to ensure this value.
The originality of the article is seen in identifying the key stages of formation and development of migration policy of the European Union, the main risks of today, highlighting the need to reform the existing mechanism, proposals for key vectors of development. The article suggests possible ways to minimize existing risks and threats.
To investigate this issue analyzed Directive 2011/98 / EC on a single application procedure for a single permit for third-country nationals to reside and work in a Member State and on a common set of rights for third-country workers legally residing in a Member State, Directive 2004/38 / EC of 29 April 2004, Council Directive 2003/109 / EC of 25 November 2003 on the status of third-country nationals who are long-term residents, other international legal instruments on this subject, scientific development, as well as online information resources.
The authors of the article made the following conclusions: 1. The migration policy of the European Union needs special attention; 2. Despite the long history of normative and institutional support of migration policy, today there are gaps that provoke negative consequences, which requires immediate reform of migration policy; 3. Formed ways of development: 1) creation of a single asylum system at the EU level; 2) strengthening assistance to those Member States that suffer the most from the effects of migration processes; 3) ensuring the strengthening of the protection of the EU's external border and the fight against criminal organizations that smuggle migrants to EU Member States.
Criminal law characteristic of certain restrictive measures
Authors: Plish YU.M. 
Published: August 2021

Domestic criminal law is being in constant dynamics, so it means that the norms of the current legislation are being improved, new, previously unknown, criminal-legal categories are being introduced, recommendations of in¬ternational institutions are taken into account, etc. Not an exception in this process is chapter XIII-1 of the General part of the Criminal Code of Ukraine, which regulates restrictive measures (these provisions came into force on January 11, 2019). From the moment of the regulation of restrictive measures in the Criminal Code of Ukraine, they have acquired the status of criminal-legal measures. Restrictive measures have a specific purpose - to protect the victim from a person who has committed a socially dangerous act, to protect against committing a socially danger¬ous act in relation to the victim in the future, to minimize the interaction between the person, who is in a dangerous state, and the victim, if such has the significant risks.This scientific article analyzes the conditions of application of restrictive measures in criminal law, in particular, it is determined that the concept of «crime related to domestic violence» is broader than the concept of «domestic violence» in Article 126-1 of the Criminal Code of Ukraine and can be used not only in the commission of this crime, but also in other socially dangerous acts that have signs of domestic violence; some considerations regarding the improvement of the grounds for the application of restrictive measures are highlighted; the correlation between the requirements of international acts and current provisions on restrictive measures is considered.A detailed analysis of the types of restrictive measures that are in the Criminal Code of Ukraine was made. The need for some legislative changes and additions is argued, this concerns the wording of the names of types of restric¬tive measures; new concepts that should be enshrined at the legislative level; meaningful content of such varieties.
The conclusion was made that the regulation of restrictive measures in the Criminal Code of Ukraine is a positive step, but due to the novelty of this legal category there is a need for their partial editing and changes.
Formation of the inadmissibility of evidence in the context of the doctrine of the «fruit of a poisoned tree»
Authors: Sirenko O. V , Doroshenko YU. I. , Baranovsʹka V. V. 
Published: August 2021

The articles analyze the issues of standard permissible indicators, which are the established norms of criminal procedure legislation and the formation of judicial rules of practice, which create the formation of permissible indicators. The domestic legislator establishes a system of standard permissible indicators, which, on the one hand consists largely of 232 international standards of proof, which is gaining a broader understanding, and on the other hand, is widely used in judicial practice, while the history of clarification changes some of them. A significant part of the standard allowable indicators is determined by the rules of Art. 87 of the CPC of Ukraine, devoted to the grounds for recognizing in admissible indicators obtained as a result of a significant violation of human rights and freedoms. The legal model of inadmissibility provided by the CPC of Ukraine tends to its counter parts in the legislation of the Romano-Germanic legal system (CPC of Germany, France), while some features of this institution were also initiated by US and British legislation, in particular, the doctrine of trees», a certain analogue of which his provided for in Part 1 of Art. 87 of the CPC. Definite understanding of the doctrine of «fruit of the felled tree», which reveals any guilt that violates the police constitutional legal citizens, which has none, but simply an in direct connection with the process of identifying, removing and recording indicators, the severity of loss of recent legal force. This means the unconditional in admissibility of available indicators for any assignment established through the collection of indicators, regardless of their nature and degree.
The article reveals a number of international standards of admissible indicators sent by the European Court of Human Rights. The range of cases for which the ECtHR in the context of the Convention provides for a response to accept able indicators and the establishment of national courts is revealed. On the basis of the conducted research the system of the international standards of admissible indicators formed in practice of the ECtHR is generalized.
Comprehensive study of objects of judicial and technical examination of documents in solving issues regarding the establishment of their making
Authors: Hora I.V. , Popovych I.I. 
Published: August 2021

The article is devoted to the analysis of the essence of integrated research during the judicial and technical expertise to establish the prostitution of documents. The attention is drawn to the fact that the forensic examination with the establishment of the preparation of documents is the most difficult among other species of this kind of examinations and to be complex. The authors consider the peculiarities of this type of expertise and emphasizes that such examinations have difficulty in carrying out the use of special equipment and physicochemical research methods. The paths of determining the preparation of the paperwork are emphasized: determining the specific time of manufacture of each of the details with a further comparison of the results obtained among themselves; establishing conformity between the time of signature and handwritten records; the printing time of printing and text printing time, establish a chronological sequence of details in the document.
It was concluded that the decision of the expert problem with establishing the prescription of the document requires the use of so-called "destructive methods". The main complexity of the examination of the process of making the preparation of the document is that when conducting any actions with a document (cutting, selection of ink samples), the document can be fully or partially destroyed. In this regard, expert institutions that take an obligation to carry out such examinations, pay attention to the ability to damage the document and in this connection declare a relevant request for permission to carry out such actions. Such permission should be in the document on the appointment of expertise or in the letter. Attention is drawn to the fact that not the provision of information about the time of receipt of the document may lead to the impossibility of determining the prescription of the document. After a long time and complex research process, the expert is forced to give a conclusion "is not possible."