bluuebunny/crossref_metadata_2025_split huggingface dataset:
Genesis of legal regulation of the status of legal entities carried out activitiy in the field of providing legal services under the legislation of Ukraine
Authors: Hobechia I.T. 
Published: August 2021

In the current conditions of European integration processes in Ukraine, the issues of activity of institutions aimed at guaranteeing and protecting the rights and interests of all the participants in public relations have become important. The study of the genesis of legal regulation of the status of legal entities engaged in the provision of legal services in our country have been become particularly relevant. In Ukraine, advocates have the right to provide all types of legal services, in particular to represent interests in court in all types of proceedings. An advocate is a natural person who practices law on the grounds and in the manner prescribed by the Law of Ukraine «On Advocacy and Advocatory Activity».
In studying the genesis of the legal regulation of the status of legal entities engaged in the provision of legal services under the laws of Ukraine, special attention has been paid to the period after the restoration of our state's independence on August 24, 1991. Legal entities engaged in the provision of legal services were created and operated in various organizational and legal forms, the most common of which were and remain private enterprises and limited liability companies. The peculiarity of our legal system is also that the Law of Ukraine «On Free Legal Aid» was adopted and regulates, in particular, the status of centers for free secondary legal aid and the peculiarities of providing such aid by advocates, who are included in the Register of free secondary legal aid advocates.
At the same time, the key role in providing participants of public relations with legal services in our state belongs to the bar. Therefore, despite the possibility of carrying out activities in the field of legal services by legal entities of all types and organizational and legal forms, a special place among them has been occupied by advocatory association and advocatory bureau. In the scientific article it has been summarized and highlighted the periods in the history of normative regulation of the legal status of these legal entities after August 24, 1991.
PROSPECTIVE DIRECTIONS OF IMPROVEMENT OF CIVIL LIABILITY
Authors: Zozulyak O. , Paruta Y. 
Published: August 2021

The article is devoted to the study of such an important area of civil law as civil liability. The scientific article examines the definition of "civil liability". It is emphasized that civil liability consists of many aspects, including a sanction, a new obligation, the replacement of an unfulfilled obligation with a new one, and so on. It is supported the position that the application of civil liability is voluntary, but the possibility of using jurisdictional forms of liability is not excluded. The authors of the article agree with the approach proposed in the doctrine on the expediency of the transition to the so-called behavioral concept of guilt. The importance of the theoretical demarcation of the institution of ensuring the fulfillment of obligations and measures of civil liability is emphasized. The possibility of simultaneous application of different forms of civil liability is allowed.
It is argued that it is appropriate to change the approach to determining and compensating of non-pecuniary damage. It is needed because compensation for non-pecuniary damage depends on the violation of a person's civil right, and not on the envisaged possibility of compensation for non-pecuniary damage in law or contract.
The authors of the article positively perceive the position on the need for consolidate the provisions on the civil nature of the liability of officials of corporations. It is focused on the need to consolidate the subsidiary liability of members of limited liability companies in the event of bringing the failure through their fault.
The position to the prospects of further scientific research in the field of responsibility of autonomous robots and artificial intelligence is expressed.
It is concluded that due to the multi-vector nature of the concept of "civil liability" there is a need for further meticulous attention of the scientific community to the institution of private liability. In particular, it is necessary to develop qualitative criteria for distinguishing between the institution of abuse of subjective civil rights and the institution of civil liability; research of the peculiarities of the responsibility of such legal entities as owners of significant participation in corporations, supervisors of banking groups and other specific entities, etc.
Prospects for settlement of the legal status of cryptocurrency in Ukraine
Authors: Lohoyda V.M. 
Published: August 2021

The article is devoted to the current state and prospects of further legislative regulation in Ukraine of the legal status of cryptocurrency (cryptoassets), primarily in terms of the need to clearly define its place in the system of objects of civil rights. The author emphasizes on the current uncertainty at the national and international level about the legal nature of cryptocurrency that causes gaps in the legal regulation of this phenomenon, which on the one hand allows its free and accelerated development, but on the other - creates significant legal risks for participants of the relevant legal relationships. Based on the comparative legal analysis of the approaches of different countries to the qualification of the legal essence of cryptocurrency, as well as the analysis of the Laws of Ukraine "On Prevention of Corruption", "On Prevention and Counteraction to Legalization (Laundering) of Proceeds from Crime, Financing Terrorism and Financing Spread of the Weapon of Mass Destruction”, the draft Law of Ukraine“ On Virtual Assets ”№3637 of 11.06.2020 adopted as a basis and prepared for the second reading by the Parliament and opinions of national regulators of financial market and securities market the author considers as a debatable approach of Ukrainian authorities to regulation circulation of virtual assets and, in particular, such their type as a cryptocurrency, as an intangible asset (other intangible goods). There is a contradiction of such a qualification in terms of traditional features of intangible assets (pronounced personal nature, the impossibility of the existence of such goods in isolation from the subject of law without his consent, lack of property and economic content) and the economic purpose of cryptocurrency as a mean of payment. In this regard, the author concludes that there should be an expediency of classifying this object of civil rights as a special (private) form of money, for which he proposes to carry out a more detailed civil law classification with a division into fiat (cash, non-cash, digital) and private (cryptocurrencies and electronic money).
Peculiarities of influence of non-governmental organizations on the relationship of application sanitary and phytosanitary measures
Authors: Karpinsʹka N.V. 
Published: August 2021

The article is devoted to the role and influence of non-governmental organizations on the application of sanitary and phytosanitary measures. The study identifies and analyzes three groups of issues, including: the issue of impact (providing access to the WTO decision-making process), the issue of justice, which is giving NGOs the right to appeal to a WTO dispute settlement body, and the issue of standards, which includes issues of setting private standards that are different or stricter than international ones.
It is noted that international non-governmental organizations are also entrusted with the important task of facilitating the settlement of trade and political disputes by involving their experts as independent experts to draw objective conclusions. Another international legal form of participation of international non-governmental organizations in the activities of the WTO is the study of the impact on development and the environment.
Taking into account the fact that there are very few procedural opportunities for non-governmental organizations to participate in trade disputes, as organizations and other individuals are deprived of the right to act as a full party to a trade dispute under the WTO procedure, the article raises the issue of legal procedure, that would enable non-governmental organizations and individuals to initiate in their country the process of submitting an application to the WTO Dispute Settlement Body.
Pointing to the normative unresolved issue, the option of resolving it by submitting amicus curiae applications to the WTO Dispute Settlement Body through one of the parties to the dispute is supported, the position of which is supported in the statement, which in turn would provide further clarification on the content of such a statement, which should have previously verified the accuracy of the data received from amicus curiae.
It is concluded that, taking into account the crisis in the WTO in recent years, the realization of the potential of non-governmental organizations can have a positive impact on the recovery of the global trade system.
Design of measures to increase the competitiveness of agricultural enterprises
Authors: Fedik O.V. 
Published: August 2021

The functioning of enterprises is possible while ensuring the competitiveness of products produced by enterprises, this is especially true for various forms of ownership of agricultural enterprises, because it is their economic activity and, accordingly, their products is one of the most important strategic vectors of Ukraine's economy. It is extremely important to design measures that are based on a strategic approach, and in the application of which it will be possible to increase the competitiveness of agricultural products that will ensure high economic efficiency and enable them to take a leading competitive position in the long perspectives.
The most effective strategies for ensuring the competitiveness of agricultural products will be the use of strategies to minimize costs, differentiation and focus. The cost of agricultural products can be reduced through the introduction of energy-saving and advanced production technologies; application of the most effective forms of organization of production and expansion of scales of production; improvement of logistics, etc.
We propose to use the differentiation strategy when limiting land or material resources by offering services or goods that have no analogues in terms of consumer characteristics on the market, which can be realized through the production of products with high quality consumer characteristics than potential competitors, such as: better quality products; environmentally friendly products; products with improved taste or properties, etc. When applying the focus strategy, it is necessary to emphasize the improvement of a particular type of product or its sales channel, producing products of narrow specialization, which is aimed at a particular segment of consumers or the formation of innovative channels for its implementation. Particular attention should be paid to improving the quality of agricultural enterprises and the implementation of well-developed marketing strategies. The application of all the above measures will increase the competitiveness of agricultural products that will ensure the competitiveness of enterprises as a whole.
Provision of services by public administration: models of regulation
Authors: Svitlichny O.P. 
Published: August 2021

In order to ensure the full realization of rights and freedoms, legitimate interests of citizens, to meet public needs in Ukraine, public authorities (mainly executive) and local governments, as well as other authorized public administration entities provide more than 130 items of various services. The application of laws in the field of service provision is primarily defined by part three of Art. 42 of the Constitution of Ukraine, according to which the state protects the rights of consumers, controls the quality and safety of products and all types of services and works, promotes the activities of public consumer organizations. The article analyzes various types of services provided to individuals and legal entities on the basis of the analysis of the norms of the current legislation of normative-legal acts and scientific views. It is determined that the development of democratic principles in the activities of executive bodies, local governments, their officials is closely linked with the efficiency and quality of services that must meet European principles and standards.
It is established that in the current laws and regulations and in domestic legal science there are different approaches to understanding the concept of «service», features of the procedural part of service provision, as well as the fact that current legislation does not contain a definition of «service procedure» and a clear procedure services by public administration.
Attention is drawn to certain shortcomings in the regulation of the procedure for providing services by executive authorities and local governments, and it is emphasized that despite certain legal and political difficulties in implementing the Law of Ukraine «On Administrative Procedure», a number of comments were made by the Chief Scientific Expert. The Verkhovna Rada of Ukraine adopted this law, which is an important step towards systemic public administration reform and bringing it closer to European principles and standards, and the shortcomings of the public administration's relations with citizens can be eliminated by making a number of changes and additions.
Characteristics of cognitive fctions in judicial control proceedigs
Authors: Byesyeda H.V. 
Published: August 2021

The article is sanctified to research of problem questions of cognitive activity of inquisitional judge in judicial control realization in pretrial investigation. Certain limits of activity of inquisitional judge are in the process of finishing telling during realization of judicial control, and set forth a conclusion, that an inquisitional judge is an active subject in criminal realization on the stage of pretrial investigation, that conditioned by both the tasks of criminal realization and features of judicial control. Duty of court, including inquisitional judge, in relation to providing of principle of contentionness of parties and absence of duty to take participating in finishing telling is important, but not qualificatory during realization of discretionary plenary powers an inquisitional judge in the process of finishing telling. It is thus accented, that activity of inquisitional judge must be directed not in support of or refutation of the proofs given by the subjects of finishing telling, but on finding out of circumstances, establishment of that is a necessity for consideration of solicitor or complaint essentially and acceptance of legal, reasonable and explained judicial decision.Participation of inquisitional judge is analysed in the process of assembly of proofs, and set forth a conclusion, that an inquisitional judge carries out the activity, sent to "providing" of proofs of parties of criminal realization or representative of legal entity in relation to that realization comes true. It is suggested to make alteration to КПК and give a right to the inquisitional judge at consideration of any solicitor, statement or complaint on own initiative to hear any witness or investigate any materials of criminal case.Certain features of verification and estimation of proofs by an inquisitional judge during realization of judicial control. It is marked that an inquisitional judge at a decisionmaking carries out the estimation of proofs, taking into account the article of consideration, and requirements set in КПК in relation to the necessity of circumstances of wellproven. Investigational problem questions of application of part are 2 articles of 89 КПК in judicial control realization and a conclusion is reasonable in relation to impossibility by an inquisitional judge during judicial control to acknowledge proofs "obviously" impermissible.
Juvenile justice: certain aspects of its understanding
Authors: Ustrytsʹka N.I. , Dilʹna Z.F. 
Published: August 2021

The article is devoted to the concept of justice for children. Doctrinal provisions on the understanding of juvenile justice in a broad and narrow aspect are considered. It has been studied that juvenile justice will make it possible to create the best environment for children, to protect their rights and interests. It has been established that juvenile justice covers children on the one hand, and an extensive system of public authorities on the other, whose functional duty is to protect and ensure the rights and interests of children.
It is considered that juvenile justice covers a certain category of persons under the age of 18, namely children (minors and minors) who are at risk or in conflict with the law, as well as children in contact with the law - child victims of delinquency. , children witnesses of a criminal offense. Equally important is ensuring the rights and interests of children in need of state protection and support.
It is investigated that the subject of justice for children are bodies and services whose activities are aimed at protecting and ensuring the rights of children, special institutions and institutions of social protection for children. An important role is given to the improvement of law enforcement and judicial systems in the aspect of juvenile justice. It is emphasized that the effective functioning of juvenile justice requires the interaction and coordination of its subjects. Therefore, it is necessary that the system of subjects of justice for children be clear with the definition of the competence of each of the subjects, stable, and have a coordinating center.
It has been established that the system of juvenile justice subjects needs further reform. First of all, this concerns the problems of reforming the child-friendly justice system. After all, today the specialization of judges authorized to conduct criminal proceedings against minors can be considered only as additional functional powers. It is also noted that the institute of juvenile prosecutor's office is at the stage of formation and formation taking into account its functions and tasks.
Codification of international law: theoretical aspects
Authors: Saray R.D. , Kalinyuk S.S. , Tymkiv D.Yu. 
Published: August 2021

The effectiveness of law, as a system of legal norms and principles, largely depends on the level of organization of the latter. The criterion for assessing this condition is the level of systematization of legal norms. International law is no exception in this regard and the systematization of international legal norms directly affects its effectiveness.
The article is devoted to the analysis of the issue of systematization of international legal acts and norms, the main form of which is their codification. First of all, the definition of systematization of rule norms in international law is revealed. It is determined that at the international legal level the main form of systematization of legal norms is their codification. It has been studied that it is the codification of the norms of international law that makes it possible to achieve the main goal of systematization, namely to adopt a single codified international legal document in order to comprehensively regulate a certain branch of international law.
Particular attention in the article is paid to the codification functions, which are designed to ensure the integrity of the international legal system, to unify its norms in order to obtain a balanced approach to the legal regulation of the same types of concepts in different legal systems.
Theorist-legal analysis of the separation in international law of such concepts as codification, incorporation and consolidation is carried out.
The article also focuses on determining the place and role of the UN Commission on Progressive Development and Codification of International Law. Morewhere, this UN structural unit is essentially the only universal institution right to formally codify international legal norms. And the results of the activities of the UN Commission on International Law are embodied in the adoption of international conventions under the auspices of the United Nations (Convention on the Law of International Treaties, Convention on the Law of the Sea, Convention on Diplomatic Relations, Convention on the Rights of the Child, etc.).
The article concludes with a brief conclusion, which justifies the importance of further work in the direction of codification of international law.
State control over the financial statements of political parties: a comparative study
Authors: Dzhugan V.V. 
Published: August 2021

The article examines the constitutional and legal aspects of state control over financial statements in Ukraine and individual EU countries. It is stated that state control over financial statements is one of the objects of general control over the financing of political parties. The legal framework for reporting financial assets, income, expenses and liabilities is examined. Provisions of Art. 17 of the Law of Ukraine "On Political Parties in Ukraine" determines the general structure and content of the financial report, the frequency of reporting and the general features of the procedure for its submission. The standard form, procedure for compiling and submitting a report of a political party on property, income, expenses and liabilities of a financial nature are regulated by bylaw, namely acts approved by decisions of the National Agency for the Prevention of Corruption. Despite the external legal certainty in this area, there is a gap between the norms of the Laws of Ukraine "On Political Parties in Ukraine" and "On Amendments to Certain Laws of Ukraine on Preventing and Combating Political Corruption" of April 5, 2001 № 2365, which provide the opposite according to the content of the norm on the manner and form of the report of a political party on property, income, expenses and liabilities of a financial nature.
A comparative analysis of financial reporting legislation in the Republic of Poland, the Federal Republic of Germany and the Republic of Latvia is conducted. Unlike in Ukraine, where political parties are required to report quarterly, in these countries, as a general rule, political parties submit financial statements annually. Another feature of the special laws on political parties in these countries is that the report must also indicate the number of party members who are required to pay dues (in Germany) or a separate report on registration and membership dues (in Latvia). Among other things, the experience of Latvia in creating an online database of donations, access to which is open, is interesting.
As a result of the comparative study, proposals and recommendations for improving the quality of the functioning of the mechanism of state control over the financial statements of political parties were synthesized.
Дивертикул Меккеля як причина кишкової непрохідності
Authors: Філіп С.С. , Скрипинець Ю.П. , Сливка Р.М. , Гаджега І.І. 
Published: August 2021

Дивертикул Меккеля (залишок жовчного стовбура – утвір, що іноді трапляється в нижній третині здухвинної кишки і є залишком не повністю редукованої судини, яка зв’язувала ембріон з жовточним мішком на ранніх стадіях розвитку), являє собою пальцеподібне випинання стінки кишки, що потребує лікування. У повідомленні описано випадок тонкокишкової непрохідності внаслідок вузлоутворення, спричиненої дивертикулом Меккеля.
Ключові слова: дивертикул Меккеля, кишкова непрохідність, хірургічне лікування.