bluuebunny/crossref_metadata_2025_split huggingface dataset:
Covert investigative (research) actions in the investigation of property theft in the field of implementation of state social programs
Authors: Chuiko E.V. 
Published: February 2024

The article notes that the acquisition of property by abuse of official position in the sphere of implementation of state social programs is a hidden crime committed by organized groups of persons. Concealment of the specified crimes is carried out by drawing up documents that are outwardly legal and provided for by regulatory legal acts for the activities of the relevant state trust funds of certain types. Covert investigative (research) actions are used to expose organized groups of criminals who embezzle funds from state trust funds. They are a special tool in the matter of gathering evidence, which can be used by investigative bodies only in certain normatively defined cases. The article analyzes these conditions, in particular, points out such a qualifying circumstance of embezzlement of funds from state trust funds as the use of martial law conditions. This circumstance determines the classification of the crime, regardless of the amount of stolen funds, into the category of serious crimes, which provides grounds for conducting any secret investigative (search) actions.
Attention is drawn to the fact that covert investigative (search) actions differ from overt investigative (search) actions in that they are aimed at identifying the behavior of certain officials related to an already committed crime (or ongoing crime). Identification and recording of the actions (behavior) of these persons takes place secretly and already during the pre-trial investigation. This provides an opportunity to obtain direct and indirect evidence of their involvement in these crimes. It is emphasized that the conduct of covert investigative (search) actions is possible only in compliance with the prescriptions defined in the norms of the criminal procedural legislation. The article defines the specific features of conducting individual secret investigative (search) actions during the pre-trial investigation of property acquisition by abuse of official position in the field of implementation of state social programs. The thesis is substantiated that the specific nature of the tactical tasks of the investigation is the factor that determines such features.
It is concluded that undercover investigative (detective) actions are a necessary tool for obtaining evidence, which plays a significant role in exposing organized groups of criminals in the investigation of theft of property in the sphere of implementation of state social programs.
Judicial people’s power: concepts, forms
Authors: Berch V.V. 
Published: February 2024

It is emphasized that the concept of “judicial people’s power” defines a key aspect of the judicial system in democratic societies. This phenomenon reflects the fundamental idea that the judicial power, usually exercised by judges, should function under conditions of active influence and control of citizens, who are the main subjects of state power in a democratic system.
It has been established that the study of judicial people’s power is of great importance for strengthening democracy, legal state formation and ensuring justice in modern societies. It promotes the development of effective mechanisms for the protection of the rights and freedoms of citizens and ensures that the courts serve the interests of society, observing the principles of justice and equality before the law.
It has been determined that judicial people’s power as a constitutional and legal phenomenon plays an important role in ensuring the openness, fairness and legitimacy of justice. It can be implemented through forms of direct and indirect participation of citizens in the exercise of judicial power.
It is emphasized that the involvement of experts contributes to increasing trust in the judicial system, as court decisions are based on objective data and scientific conclusions. Experts help to avoid suspicion and influence of the parties on the legal process, which is important to ensure justice.
It was noted that citizen participation in the development of laws and reforms of the judicial system helps to ensure that laws meet the needs and expectations of society. It contributes to increasing the legitimacy and adoption of court decisions by citizens, as they take an active part in the process of forming legal norms and principles. Citizen participation makes the judicial system more open and democratic, contributes to increasing trust in the courts and their work. In general, the participation of citizens in the development of laws and the discussion of reforms of the judicial system is an important mechanism for ensuring citizen participation in the formation of justice and the improvement of the judicial system as a whole. This process reflects the principle of popular sovereignty and supports the idea of democracy in society.
In summary, judicial democracy is a principle based on the idea that judicial power, including the appointment of judges, decision-making and accountability before the law, should be subjectively controlled by citizens who are the bearers of democratic power in society. Judicial people’s power involves the participation of citizens in the formation and functioning of the judicial system, ensures the openness of judicial processes and the accountability of the judiciary to citizens and the law.
Separate theoretical and legal aspects of tax control of a lawyer in Ukraine
Authors: Borshchevskуу O.A. 
Published: February 2024

Professional activity in Ukraine, which involves the receipt of profit, income or fees, is subject to control by the state. Such control has a number of tasks, among which is the verification of the correctness of calculation and payment of the tax liability, the good faith performance of which depends on the success of the state and its financial stability. The financial interests of the state must be protected. Therefore, domestic national legislation contains the institution of tax control, which covers interaction with the control bodies of other states.
Filling the budget is one of the priority tasks, thanks to which the financial basis of the state is established. Legal mechanisms are used, including tax audits. General conditions and rules are defined, compliance with which is a necessary condition for preventing the application of financial sanctions for violation of tax legislation. The object of inspection and the subject to be inspected are highlighted.
A lawyer in Ukraine receives a fee from carrying out his professional activity, which means that he must keep tax and accounting records, fulfill his tax obligations in a timely manner and in full. A lawyer, like any other business entity, may be subjected to tax control measures through a tax audit of his activities. At the same time, taking into account the professional status, the tax audit of a lawyer may have its own characteristics, which directly relate to professional obligations, including in the area of attorney confidentiality. The lawyer’s proper performance of his professional duties is a guarantee of quality legal assistance and a measure of the client’s trust in the lawyer. Ensuring the conditions for the lawyer to fulfill and comply with his professional obligations meets the interests of the client and affirms the role of the legal profession in society. Conducting a tax audit and complying with the requirements of the tax inspector should not create threats or risks for the client, who reasonably expects that his confidentiality will be preserved by the lawyer. Therefore, this article is an attempt to outline and define certain theoretical and legal aspects of tax control of a lawyer in Ukraine.
ECHR rules for determining the presence of sufficient balancing factors for the admission of the testimony of a prosecution witness who did not appear in court
Authors: Poletylo P.S. 
Published: February 2024

The article examines the legal position of the European Court of Human Rights regarding the existence of balancing factors for accepting the testimony of a prosecution witness who did not appear in court.
It is substantiated that when the accused was not given the opportunity to question the witness during the investigation or during the trial, the European Court of Human Rights states a violation of paragraph 1 and subparagraph «d» of paragraph 3 of Article 6 of the Convention on the Protection of Human Rights and Fundamental Freedoms. It is shown that the given approach is not strictly categorical and the European Court of Human Rights allows the possibility of using the testimony of a witness who did not appear at the court session and was not questioned at the stage of the pre-trial investigation.
It has been established that, the Grand Chamber of the European Court of Human Rights used the rule of the three-step test, one of the criteria of which obliges national courts to establish: whether three were sufficient balancing factors, including important procedural guarantees, which compensate for the difficulties which compensate for the difficulties with which faced by the defense as a result of accepting unverified testimony as evidence.
It is well-founded that national courts are obliged, when faced with the problem of non-appearance or anonymity of witnesses, to consider t6he possibility of using alternative measures that limit rights to a lesser extent than accepting testimony of witnesses, to consider the possibility of using alternative measures that limit rights to a lesser extent than accepting testimony of witnesses as evidence. It is emphasized that when national courts recognize alternative measures as inexpedient and allow witness testimony to be announced, they violate paragraph 1 of sub-paragraph «d» of sub-paragraph 3 of Article 6 of the Convention on the Protection of Human Rights and Fundamental Freedoms.
The conviction of the Grand Chamber of the European Court of Human Rights is emphasized: the presence of sufficient balancing factors should be investigated not only in those cases in which the testimony of an absent witness was the only or decisive basis for the conviction of the accused, as well as in cases in which it was not possible to establish whether relevant indications are the only or decisive. At the same time, the amount of balancing factors necessary for the trial to be considered fair will depend on the importance of the testimony of the absent witness: the more important these testimonies are, the more weighty the balancing factors should be. Examples of additional guarantees that prevent violations of the mentioned legal norms are given.
Prerequisite for implementation of judicial control over the enforcement of judgments in Ukraine
Authors: Chernenko I. 
Published: February 2024

Since the declaration of Ukraine’s independence, the system of enforcement judgments has undergone significant changes, which were caused by changes in the social order in the country and new challenges. The judicial control over the enforcement of judgments in Ukraine was implemented in a non- systematic manner, which led to its low efficiency.
To solve the set goal, which was set during the introduction of judicial control over the enforcement of judgments, this article examines the prerequisites for the introduction of judicial control over the enforcement of judgments in Ukraine.
Conditional division of the prerequisites for the introduction of judicial control over the enforcement of judgments into historical, legal and economic ones has been carried out.
The historical prerequisites for the introduction of judicial control over the enforcement of judgments include the validity of Soviet legislation after the declaration of independence of Ukraine, which provided for control by a judge over the correct and timely enforcement of a court decision, that is, the actual exercise of judicial control over the enforcement of judgments.
The legal prerequisites for the introduction of judicial control over the enforcement of judgments include the issuance of many decisions of the European Court of Human Rights and decisions of the Committee of Ministers of the Council of Europe, which stated the systematic non-implementation of national court decisions, as well as the existence of a structural problem in Ukraine regarding the non­implementation of decisions of national judicial bodies.
The economic prerequisites for the introduction of judicial control over the enforcement of judgments include a negative assessment by Ukrainian entrepreneurs of the effectiveness and duration of enforcement judgments, Ukraine’s undertaking to reform the system of enforcement judgments to improve the conditions of doing business in the country, foreign economic relations with other countries, attracting investments, the conclusion of other economic agreements.
Determining the prerequisites for the introduction of the institution of judicial control over the enforcement of judgments gives a clear answer to the purpose of the introduction of this institution, as well as ways to improve the procedure and forms of implementation, which requires more detailed research.
Shaping the International Law Principle of the Inviolability of the Right to Peaceful Enjoyment of Property in the Context of International Armed Conflict
Authors: Iordek H.O. 
Published: February 2024

The article focuses on the formation of the international law principle of the right to peaceful enjoyment of possessions in the context of an international armed conflict, given the relevance of the issue of damage and destruction of property as part of the armed aggression of the Russian Federation against the sovereignty and territorial integrity of Ukraine. The author examines the right to peaceful enjoyment of possessions through the prism of international human rights law - as such, where the right to peaceful enjoyment of possessions (property rights) has been enshrined in the international law system, and also through the prism of international humanitarian law and international criminal law - as such, which are special in relation to the right to peaceful enjoyment of possessions in the context of international armed conflict.
The article examines the principle of inviolability of property rights at the national level, in particular, in legislative and judicial sources, and its impact on the formation of the relevant international law principle. In particular, the author analyses the philosophical development of the concepts of “sacredness” of property rights and inviolability of property rights, as well as the natural essence of this right for a person.
The author examines in detail the rules of conventional and customary international humanitarian law on the right to peaceful enjoyment of property/property rights depending on the type of acts that may be committed against property and the type of property against which certain acts are directed in the context of an international armed conflict or legal regime of occupation. The provisions on the protection of civilian objects, as well as the non-absolute nature of the protection of property rights in international armed conflict in cases of urgent military necessity, are carefully considered. Based on this analysis, the author identifies the key fundamental provisions on the basis of which the international legal principle of the right to peaceful enjoyment of property in the context of international armed conflict is formed.
Evolution of Legislation Regarding the Use of Nuclear Energy for Peaceful Purposes
Authors: Lеs I.O. 
Published: February 2024

The development and use of atomic energy represent one of the greatest achievements of the 20th century, opening new possibilities for global evolution. The United Nations (UN) has formulated the «Millennium Development Goals» and the «Sustainable Development Goals by 2030» to address comprehensive solutions to the social, economic, and environmental challenges facing the planet. In this context, nuclear energy offers unparalleled advantages, but it is essential to consider the risks and challenges associated with its future use and development. Nuclear law serves as a valuable tool for regulating the development of nuclear energy and overcoming these risks and challenges. All countries must strictly fulfill their international obligations, responsibly implement international legal instructions at the national level, and collectively support the international regime and legal framework organized around the United Nations. This, in turn, contributes to the achievement of the shared goal of «atoms for peace and development».
The international legal framework on nuclear issues emerged alongside the development of nuclear energy worldwide. It evolves as social, economic, scientific, and technical challenges associated with this development are addressed, thereby contributing to the safe, secure, and sustainable development of peaceful nuclear energy use.
The IAEA and the international community have established an almost universal regime of safeguards aimed at detecting and preventing the diversion of nuclear materials from peaceful nuclear activities to the production of nuclear weapons.
Based on the results of the conducted research, it has been established that each country not only has the right to use nuclear energy for peaceful purposes but also bears the responsibility and obligation to prevent the proliferation of nuclear weapons and to support nuclear safety and security. All countries should conscientiously fulfill their obligations in accordance with the international legal framework on nuclear safety, fully implement relevant resolutions of the United Nations Security Council, strengthen and expand the existing international legal framework on nuclear safety, and provide institutional guarantees, adhering to universally defined guiding principles for managing international nuclear safety.
National registration of space objects: analysis of problems and solutions
Authors: Semenyaka V.V. 
Published: February 2024

The article is devoted to the study of the legal aspects of the implementation of the norms of space law in Ukraine regarding the implementation of the national registration of space objects. It was established that the registration-legal connection between a space object and the state is a legal element that determines the presence or absence of a stipulated right of state jurisdiction over a space object in outer space. It is proven that the implementation of the exclusive jurisdiction of the state depends on the existence of a clear mechanism for the national registration of space objects and the effective functioning of their state register.
Based on the analysis of the norms of international space law, it was determined that the «state of registration» of a space object is its «launch state», which maintains a register of space objects. It is emphasized that the «launch state» should introduce a national procedure for registering space objects, which involves the creation of a state register. The legal significance of their registration lies in the fact that entering a space object into the register is a legally significant action that enables the application of the norms of national legislation. It is the “launch state” that has received and implemented the right to register the space object, will have the legal status of the “registration state” and will implement quasi­territorial jurisdiction over the object during its stay in outer space.
It is argued that the legislative norm on the mandatory state registration of spacecraft in the State Register of Spacecraft of Ukraine does not currently create legal consequences for the subjects of the relevant legal relationship, since the Rules for the Registration of Spacecraft in Ukraine have not been approved by the Cabinet of Ministers of Ukraine yet. Legal uncertainty regarding the rules of their registration creates a potentially dangerous jurisdictional vacuum during the stay of spacecraft in outer space, which can lead to the emergence of negative legal situations.
The primary step of the state in solving this problem should be the establishment of a clear and effective procedure for the national registration of space objects. This will contribute to ensuring legal stability and compliance of Ukrainian space legislation with the norms and principles of international space law, as well as guaranteeing the preservation of Ukraine’s jurisdiction over objects launched into outer space.
Hermenéutica y relativismo. Consideraciones en torno al enfoque conceptualista
Authors: Bellido Arias Andrés Ignacio , Sánchez Ayelén 
Published: February 2024

En tanto criaturas racionales y discursivas, nuestra relación con el mundo está necesariamente articulada por medio de una cierta comprensión tanto de nosotros mismos como de aquello que nos rodea. Esto significa, en otras palabras, que nuestra experiencia es resultado no de la mera percepción, sino de una construcción que orienta y limita, mediante procesos deliberados o no, tanto nuestras acciones como nuestras creencias y convicciones. Frente a estas consideraciones, podemos plantearnos algunas preguntas filosóficas de la máxima relevancia: ¿cómo se encuentra articulada esta comprensión constitutiva de lo humano? ¿Se trata de un proceso necesariamente conceptual? ¿O existe una modalidad de relación con la realidad previa al plano de los conceptos? ¿Somos capaces de realizar acciones irreflexivas en las que no se ponga en juego nuestra racionalidad? Tales interrogantes atraviesan un intenso debate filosófico que se extiende hasta el presente, iniciado por los filósofos Hubert Dreyfus y John McDowell. La discusión se centra en la naturaleza última de nuestro intercambio con el mundo y con los otros, y en las posibilidades (o no) de establecer un contacto que se articule por fuera de la dimensión racional y conceptual de nuestras estructuras.
En el presente trabajo, nuestro interés será analizar y describir las posiciones centrales mantenidas por ambos autores con tres objetivos fundamentales. Por un lado, especificar el desacuerdo teórico entre ambas posturas, comprendiendo los diferentes compromisos teóricos que suponen. Por otro lado, sostener que el argumento anti-intelectualista de Dreyfus se encuentra reñido con una serie de fenómenos familiares, indicando un conjunto de consideraciones por las que McDowell defiende una mejor posición. Por último, señalar las dificultades propias de la interpretación que Dreyfus realiza de la fenomenología heideggeriana, para proponer una alternativa hermenéutica que encuentre al filósofo alemán en un espacio mucho más cercano a la concepción conceptualista de McDowell. Nuestra hipótesis general será que la propuesta de Dreyfus según la cual nuestro modo primario de relación con el mundo es previo al plano conceptual es inviable por los supuestos individualistas sobre los cuales descansa. En esta dirección, defenderemos la idea de que un enfoque conceptualista le hace justicia a la idea de que actuar y conocer solo es posible en una comunidad de agentes racionales, no siendo la acción ni el conocimiento humano posibles más allá de los límites de la relación con otros seres discursivos y racionales.
Discriminación salarial por género: caso Paraguay
Authors: Benitez Britez Virgilio Noel , González Frutos Óscar 
Published: February 2024

El quinto Objetivo de Desarrollo Sostenible (ODS) busca la igualdad de género. Así también dentro del Plan Nacional de Desarrollo de Paraguay (PND 2030) se promueve la inclusión igualitaria entre hombres y mujeres, sin embargo, independientemente a los distintos objetivos y metas que se puedan plantear a nivel nacional e internacional, todavía prexiste la hipótesis de igualdad salarial entre el hombre y la mujer. Por tal motivo, esta investigación busca contrastar dicha hipótesis en base a distintos modelos econométricos.