bluuebunny/crossref_metadata_2025_split huggingface dataset:
Legal qualification of the use of foul language at work: mobbing or petty hooliganism
Authors: Serpak O. V. 
Published: February 2024

The article is devoted to the problem of legal qualification of the use of foul language at work. Despite the fact that Ukrainian labour legislation was supplemented with anti-mobbing innovations at the end of last year, these innovations remain understudied, which leads to many problems in law enforcement. For example, one of the controversial issues is the distinction between the content of Articles 173 «Petty hooliganism» and 1735 «Mobbing (Baiting) of an Employee» of the Code of Ukraine on Administrative Offences.
To gain a deeper understanding of the central topic of the study, the author analyzes the legal nature of such phenomena as mobbing in labour relations and petty hooliganism. In particular, the author examines their system of features through the prism of its understanding as a holistic and interconnected structure characterised by emergence and impossibility of the whole’s existence without its individual elements.
In the course of writing this article, the author took into account the situational nature of the use of foul language in the workplace, and therefore proposed several options for resolving various incidents. In particular, the author considers situations in which: 1) an employee constantly uses foul language during communication at work solely due to a low level of speech culture; 2) an employee systematically humiliates the honour and dignity of a colleague by using foul language.
In addition, the author’s position was expressed in the research paper that the concept of «public place» used in the wording of the disposition of Article 173 of the Code of Ukraine on Administrative Offences is generic in nature, while the term «place of work» is specific in relation to the previous one.
The empirical basis of the study is the national regulatory legal acts (the Labour Code of Ukraine and the Code of Ukraine on Administrative Offences), as well as court practice.
In general, this research article is intended to contribute to the improvement of the efficiency of application of the relevant legal provisions of labour and administrative legislation and fair consideration of cases of administrative offences.
The concept of a forest as a natural object and an object of legal protection
Authors: Kornieiev Yu. V. , Kornieiev A. Yu. 
Published: February 2024

This scientific article provides a general description of forest resources as an object of administrative and legal research and an object of legal protection, as well as a study of the general concept of a forest and the concept of a forest as an object of legal protection. In modern conditions (aggression from Russia and crimes against ecocide), the issue of forest protection is very relevant. As you know, everything in nature is interconnected and interdependent, so by preserving the forest, we also preserve other natural objects. It has been established that forest resources are wood, technical, medicinal and other forest products that are used to meet the needs of the population and production and are reproduced in the process of forming forest natural complexes.
An analysis of the concepts of the forest from the point of view of scientists and legal acts was carried out, and the role of the forest and its functions were determined. Our vision of the concept of forest is proposed, namely: a forest is a complex, multifunctional, reproducible object of nature (plant life) and an object of state ownership, which is part of the natural environment and performs two important functions: economic and ecological. The economic includes: the use of wood in economic activities, the use of gifts of the forest (berries, mushrooms, medicinal plants) - in vital activities and human health. Ecological can include the restoration and purification of air in the atmosphere, a positive effect on the regulation of the ecosystem in all territories of Ukraine, from an agricultural point of view, it has a positive effect on the protection of soils from erosion and increases the yield of agricultural products, etc. After all, the possibility of the existence of a forest as such is related to its inherent property, namely: restoration, i.e., a continuous, constantly operating process of vital activity of interconnected organisms that go through a complete life cycle from birth to death with subsequent reproduction.
The issue of legal protection of forests of Ukraine was also considered, measures were proposed to improve the legal regulation of relations. Based on the analysis of scientists, the features regulating relations in the use and protection of forests have been established. After all, the shortcomings of the national forest legislation and insufficient protection of forests, illegal felling, problems in delimiting the powers of control bodies, ecocide against natural forest objects by the aggressor state lead to the destruction of forests and damage to the surrounding natural environment.
Legal regulation of the protection of water bodies in the implementation of fishing activities in Ukraine
Authors: Krugovy S. V. 
Published: February 2024

The article is devoted to the study of the legal regulation of the protection of water bodies in the implementation of fishing activities in Ukraine. It is emphasized that the protection of water bodies must be considered as an integral factor in the legal provision of maintaining the level of ecological safety, the rational use of natural resources, including living aquatic bioresources, the proper functioning of the fisheries industry, ensuring the food security of the state, etc. The author states that in order to ensure the proper legal regulation of the protection of water bodies when carrying out fishing activities, it is necessary to take into account the connection of such objects with the land plots on which they are located. It is claimed that the order of legal regulation of the protection of water bodies follows from the characteristics of such objects, their connection with other resources and the order of their use. In this regard, the norms for the protection of water bodies are reflected in the water and land legislation, as well as in the legislation on fisheries and aquaculture. The analysis of the specified branches of legislation regarding the procedure for regulating the protection of water bodies during the implementation of fishery activities was carried out.
The author concluded that ensuring the protection of water bodies should consist in the adoption and further implementation of legal norms aimed at implementing measures to protect them from pollution, clogging and depletion, and improving the condition of water bodies. It is claimed that the main purpose of protecting water bodies in the implementation of fishing activities is to preserve fish stocks and ensure their sustainable and rational use in the future.
Legal regulation of human protection against the effects of ionizing radiation (implementation of EU standards in the legislation of Ukraine)
Authors: Matviichuk A. O. 
Published: February 2024

The legal regulation of human protection against the effects of ionizing radiation (implementation of EU standards in the legislation of Ukraine) is considered. The legal aspects related to the change of the existing system of radiation protection of a person from the impact of ionizing radiation, which is based on the approach - «practice» and «intervention», to the modern European system of radiation protection, which is based on situational analysis and the key concept of the updated system, have been studied. what is the exposure situation, which is defined as one of three situations: planned situation, emergency exposure situation, existing exposure situation.
According to the results of the study, the need for a comprehensive approach to the implementation of EU legislation in the legislation of Ukraine «on the example of the Council Directive 2013/59/Euratom» is substantiated. In particular, we believe that it is advisable to do this by one separate law, and not in parts, since without the implementation of the main provisions, the implementation of individual provisions leads to problems with their implementation. In our opinion, the Government of Ukraine should develop an «autonomous road map» for each EU directive, the implementation of which concerns the field of activity of more than one public administration body in the field of nuclear energy use, since some provisions of the Directive are not included in the draft laws on implementation, as they belong to spheres of administration of another state administration body. At the same time, aspects of the extensive legislation regulating relations regarding liquidation of the consequences of the Chernobyl accident should be reflected, in particular in the part of radiation protection, which cannot be reflected in the Directive, but belong to the scope of its regulation. Thus, it will simultaneously allow internal harmonization of legislation and avoid the situation of double interpretation of legislation, will contribute to overcoming contradictions, collisions and gaps in the current legislation of Ukraine.
In some cases, it is important to carry out the synchronous development of other basic regulatory documents, in particular, new Radiation Safety Norms in order to make a harmonious transition from the existing to a new system of radiation protection of humans against the effects of ionizing radiation. In the future, this will contribute to a more successful systematization and harmonization of the entire array of normative legal acts of nuclear legislation in Ukraine.
Theoretical and legal basis of the use of aquatic bioresources in Ukraine
Authors: Rahulin I. Yu. 
Published: February 2024

The article pays attention to the study of the theoretical and legal basis of the use of aquatic bioresources in Ukraine. It is noted that in today’s conditions, the issues of proper legal regulation of the fishing industry, including the use of aquatic biological resources, remain extremely relevant and important. Concepts and legal features of the use of aquatic bioresources are analyzed. Attention is paid to consideration of both legislative and scientific approaches to their classification. The analysis of scientific points of view regarding the legal nature of aquatic biological resources and the order of their use was carried out. Legal grounds for the use of aquatic biological resources are considered. The peculiarities of the right to general and special use of aquatic biological resources are analyzed, and their distinguishing features are also determined. Such types of special use of aquatic biological resources as: commercial fishing; experimental catch (and its species); amateur fishing in water objects of general use, which exceeds the established volumes of free extraction (catch).
The author of the article emphasizes that today the development of the fishing industry is one of the most important tasks for ensuring the post-war recovery of the country. In this work, it is claimed that today the specified industry has not escaped crisis phenomena, in particular: improper legal regulation of this sphere, deterioration of the ecological state of water objects, the difficulty of carrying out work on the restoration of fish stocks, etc. It is noted that the improvement of the legal regulation of the fishing industry is carried out permanently, as evidenced by the introduction of changes to the relevant legal acts even during military operations in 2022-2023, which is aimed, first of all, at ensuring the functioning of the fishing industry in order to ensure food security country, protection and restoration of aquatic bioresources.
Discretionary powers of administrative court: some aspects of their understanding and exercise
Authors: Byliy I. M. 
Published: February 2024

Having studied Ukrainian general legislative provisions, binding legal opinions of the Supreme Court of Ukraine and the scientific literature concerning the discretionary powers of administrative courts, it is established that, regardless of the use of quasi-dispositive wording expressing the “possibility” or the “right” of the administrative court to make a procedural decision, the existence of grounds for such decisions implies that it has the duty to make this decision or, in exceptional cases, to adequately justify the inconsistency of the decision that could have been made with the tasks and principles of administrative proceedings. It is noted that the discretion of the administrative court cannot be unlimited and is subject to general and sectoral principles, the purpose of administrative proceedings and individual procedural mechanisms and some other factors of a higher order to the provision establishing procedural discretion. For instance, it was determined that deviations from previous decisions made by the same administrative court judge in the same or similar cases are not acceptable. However, not any non-uniform application of law within the freedom of discretion should be justified, but only a difference that has a significant impact on disputed rights and obligations on the participants of the relevant legal relationship.
It is argued that the discretion of the administrative court, which is not limited by special restrictive legislative provisions, in order to prevent arbitrary decisions, must be accompanied by the obligation to properly substantiate the existence of grounds for making a particular procedural decision with reference to those real factual circumstances, which as far as possible can be measured by objective indicators and verified within the framework of the court decision appellate. It is emphasized that this when exercising discretionary powers is necessary for the administrative court to fulfill general requirements regarding the existence of a rational basis for the decision taken, confirmation of its legality and reasonableness with the help of facts and evidence, relying on which any other judge of the administrative court acting in good faith and with competence in the relevant matters would have sufficient grounds to make the same decision.
Rights of personal data subjects as a component of information human rights
Authors: Bochkova I. I. , Vrublevska-Misyuna K. M. 
Published: February 2024

In the preamble to the Constitution, Ukraine proclaimed its course towards European integration, which, in particular, includes cooperation in the field of information human rights protection - protection of personal data on the basis of approximation of national legislation to the strictest EU regulations.The article analyzes the concept of information human rights in the context of the rule of law, especially in the period of digital transformation. The main focus is on the actual enforcement of citizens’ rights and freedoms, including information rights. The article analyzes the state of research in the field of information law, in particular, the concepts of “information rights”, “rights to information”, “information freedoms”, as well as approaches to understanding information rights from the standpoint of various branches of law. The authors come to the conclusion that there are studies of the content of the relevant categories, but there is no study of the rights of data subjects themselves. The article examines the content of human information rights as a component of the legal status of a person in the State on the example of legal regulation of protection of the rights of personal data subjects in Ukrainian legislation and in the legal provisions of the European Union. When comparing the content of legal approaches to the regulation of common ideas in the presence of similar lexical constructions, the differences are revealed in the “spirit” of legal regulation: the European approach is characterized by anthropocentricity, human interests are the priority of regulation, and the grounds for exercising many of the rights of data subjects are their will, unlike national legislation, where the grounds for the emergence and exercise of some rights of personal data subjects are the facts of violation of other rights of these subjects.
The article contains an analysis of the existing categories in the field of information rights, and provides a detailed analysis of the content of the elements of the concept of “personal data”, in particular, the concepts of: “human identification”, “identifiers in real life” and “identifiers in digital space”. The study suggests that the transformation of Ukrainian legislation in the field of personal data protection is still ongoing, which opens the way for further research in this area.
State control over the economic activities of large taxpayers during martial law
Authors: Makarenko N. A. , Makarenko O. Y. 
Published: February 2024

The article presents the main scientific and practical results of the analysis of the situation regarding the exercise of state control over large taxpayers in terms of their compliance with tax legislation when applying for a value added tax refund.
The article examines the peculiarities of exercising the rights of taxpayers to access a fair trial of claims for appealing tax assessment notices, the practice of considering the latter, and practical aspects of relations between taxpayers seeking VAT refunds and their counterparties. The author analyzes the practice of providing legal assistance to large taxpayers in the course of their legal activities. The author also analyzes the legal nature of the VAT refund procedure and identifies the key issues that arise when taxpayers apply for the relevant refund.
The author proposes to amend the current legislation in order to eliminate the problematic issues arising when applying for a VAT refund, which create the basis for the corruption component, and also force the country to spend significant funds to ensure the work of a large number of tax service employees, as well as the forced costs of paying court fees when appealing against court decisions made in favor of taxpayers when appealing against tax notices (tax decision notices).
The author proves that the problem of appealing tax assessment notices, which has its origin in taxpayers’ claims for VAT refunds, can be solved quite simply. As a result, it will be possible to improve the audit procedure, eliminate the costs of court fees in obviously losing cases, and eliminate significant gaps in the current legislation that complicate transparent business activities and create corruption risks.
The human right to security in a foreign and domestic historical and legal view
Authors: Pendiura M. M. , Kryshevych O. V. 
Published: February 2024

The article examines the historical and legal context of scientific substantiation of the human right to security. The research is based on the classical legal scholarly works of Plato, Aristotle, John Locke, Jean- Jacques Rousseau, Niccolo Machiavelli, and other prominent lawyers and philosophers. The article also examines the current position of domestic lawyers, such as: O.B. Bondar, V.P. Vaskovska, Yu. Lutsenko,
V.O. Melnyk, A.H. Stepaniuk, D.O. Tikhomirov, I.S. Yakovets and others. The purpose of the article is to analyze the phenomenon of security and, in particular, the human right to security at the stages of development of human civilization and to express its content; to summarize and explain the options for different interpretations of the category «security» in historical and legal thought. The methodology was based on a comparative approach using the epistemological, historical method, methods of analysis and abstraction. During the study, it was found that humanity and individuals are constantly striving to understand and implement security concepts. The main stages of the development of the understanding of the notion and concept of security were identified: the first was the ancient period - during which security had a mythological basis and color and was associated with the existence of belief in the concept of magic; the next was the Middle Ages - during which security was viewed through the prism of divine existence; the next period was the Renaissance, in which security was the subject of research regardless of the spiritual and mythological concept, but was not considered in the context of security for all, but its class-unequal character remains; the New Era comes with the realization of one’s right to respect for one’s honor and dignity, equality, and the elevation of human life to the pedestal of life’s values. An analysis of the stages of development of human civilization has led to the conclusion that regardless of the level of development of humanity, the peculiarities of its existence in different periods and socio-economic formations, the desire to achieve the maximum level of security in the life of an individual, the state and society remains unchanged.
Public administration in the field of health care peculiarities
Authors: Prystaya M. 
Published: February 2024

The article examines the peculiarities of administration in the field of health care through the definition of the concept of public administration in the field of health care, its object(s), subject(s), and goals.
It was determined that public administration should be understood as the activity of subjects of public administration, which consists in establishing, changing or terminating the rights and obligations of private individuals for the purpose of ordering and organizing social relations to implement the decisions of the legislative body. Public administration can be expressed through the adoption of normative acts, administrative acts, as well as the execution of legally significant actions.
It has been established that in scientific works of legal direction and public administration, health care and the medical field are often considered as an object of public management (administration). However, for the purposes of legal research, the object of public administration is defined as the sphere or branch of health care in which various subjects interact: public authorities, health care institutions, patients, legal entities, medical workers, administration of institutions, etc. And the goal of public administration is to achieve the appropriate level of organization of activities of subjects in the field of health care. At the same time, the subjects of legal relations in the field of health care can simultaneously act as objects of administration, if the legal relations are considered from the standpoint of administrative and legal regulation.
Accordingly, a health care institution is a separate object of public administration, which is directed to the goal-setting, organizing, as well as regulatory activities and influence of administration subjects (state bodies, local self-government bodies, administrations of the institutions themselves). Therefore, in the future research, the terms “administration (management) in the field of health care”, “administration (management) of a health care institution” will be used.