bluuebunny/crossref_metadata_2025_split huggingface dataset:
Рenalty for late return of rented property
Authors: Hordiienko T. O. 
Published: February 2024

The article deals with topical issues of applying liability measures for untimely return of property provided for use under lease terms. Based on the norms of the current legislation, the specific features of the penalty provided for in Part 2 of Art. 785 of the Civil Code of Ukraine, and outlined the problematic issues of legal qualification of the relevant accruals from the point of view of their legal nature, the calculation period, and the duration of the statute of limitations.
It is noted that the imperfection of the legislative technique led to the emergence of opposite approaches to clarifying the nature of the increased costs of the tenant for the use of the property in the non-contractual period – such charges are considered as double rent for the use of the property and as a penalty for violating the obligation to return the property. The position regarding the possibility of simultaneous charging of rent for the period of non-contractual use of the property and a penalty as a penalty for late return of the property, which was reflected in the materials of court practice, also turned out to be controversial. The legal conclusions of the Supreme Court formed at the time of preparation of the article are presented, according to which the calculation of rent must take place exclusively during the period of validity of the lease agreement, and outside the contractual period of use of the property, a penalty in the amount of double the rent for the time the property is actually in the use of the tenant is subject to application. The corresponding position was formed by the cassation instance based on the distinction between regulatory and protective prescriptions and the impossibility of their combination (identification).
The work indicates the need to establish the lessee’s fault in the untimely return of the property, highlighted the problematic issues of calculating the cost of using the property when renewing the lease agreement on the basis of Art. 764 of the Civil Code of Ukraine and Art. 284 of the Economic Code of Ukraine.
Based on the results of the research, proposals were made to improve the current legislation, aimed at ensuring its unambiguous understanding by the participants of the tenancy relationship and the unification of the judicial practice of resolving disputes of the relevant category.
Modernisation of legislation in the field of economic and commercial activity in the context of European integration
Authors: Chernenko O. A. , Рoharchenkо T. V. 
Published: February 2024

The article deals with the issues of peculiarities of modernisation of legislation in the field of trade and economic activity in the context of European integration.It is noted that economic and trade activity is the industry which is subject to active modernisation, taking into account the requirements of the Association Agreement. The author concludes that the obligations to adapt Ukrainian legislation to EU legislation in trade have changed due to the fact that a number of EU acts have been amended or repealed, and therefore it is now important to implement the novelties of EU legislation in the period after ratification of the Association Agreement.
The term «economic and commercial activity» used in the Commercial Code of Ukraine essentially means trading activities carried out by business entities. Expanding the scope of digitalisation of economic and commercial activities is another vector of European integration.
The food supply chain is vulnerable to unfair trade practices due to a sharp imbalance between small and large agricultural market operators. In Ukraine, we see unfair practices when large retailers dictate the terms of market entry and payment for products. Therefore, the implementation of the provisions of Directive 2019/633 of the European Parliament and of the Council of 17 April 2019 on unfair trade practices between undertakings in the agriculture and food sectors is important for Ukraine.
In general, EU legislation is quite dynamic, especially given the direction of EU policy towards the development of a green economy and digitalisation, and a number of provisions are being adopted to improve trade in these areas. For Ukraine, an important task is not only to adapt national legislation to the existing EU acts, but also to take into account the legal policy ideas that are actively discussed and developed in the EU, in particular, the provisions on harmonisation of business law.
Peculiarities of legal relations in the field of restoration of lands and soils of Ukraine damaged by the armed aggression of the Russian Federation
Authors: Gruzensky V. V. 
Published: February 2024

The article examines the peculiarities of legal relations in the field of restoration of lands and soils of Ukraine, which suffered as a result of the armed aggression of the Russian Federation. As a result of the full-scale invasion of Russia on more than a third of the territory of Ukraine, there is already or there is a risk of systemic disturbance of the surface layer of soils or their contamination (mines, oil products, unexploded ordnance, etc.). So, with the beginning of a full-scale invasion, the state of Ukraine received a new challenge - the degradation of land and soil as a result of military operations. Therefore, the problem of restoration of these natural objects has become extremely Legal relations in the field of land and soil restoration are an integral part of land legal relations and have essential features (public nature, volitional nature, dominance of the imperative method of legal regulation, specific subject composition, inequality of the parties to these legal relations, etc.). The article examines lands and soils as objects of restoration, since it is the specificity of objects that largely determines the peculiarities of legal relations in this area.
Restoration of lands and soils is: a legally secured system of measures; aimed at returning their original qualitative state; is carried out through their reclamation, conservation, melioration and other measures provided for by law.
Legal relations in the field of restoration of the lands and soils of Ukraine, which suffered as a result of the armed aggression of the Russian Federation, are social relations that are formed in the field of returning these natural objects to their original qualitative state, deteriorated due to the action of factors caused by military actions. Legal relations in this area have significant features, since lands and soils are non-reproducible, but renewable natural objects. The specificity of land and soil restoration is that this process is subject to their qualitative condition. Since such significant damage is caused to the lands and soils of Ukraine for the first time since the Second World War, the system of national land protection legislation needs to be reformed. The Law of Ukraine “On Land Protection” does not meet today’s needs. An urgent need today is the development and adoption of the Law of Ukraine “On Protection and Restoration of Lands and Soils”.
Legal policy and overcoming global environmental concerns
Authors: Dashkovska N. K. 
Published: February 2024

The article is dedicated to the theoretical analysis of legal instruments for regulating environmental problems that are directly aimed at protecting the environment.
Current global environmental problems inevitably influence environmental policy, on the one hand, acting as the cause of its formation, and on the other hand, environmental policy means directly combating it. It is therefore necessary to note that at the current stage, environmental and legal policy will require enhanced modernization, both at the sovereign level and at the local level.
Environmental-legal policy is a scientifically grounded, systemic activity of special subjects to create an effective mechanism of legal regulation through a civilized approach to legal means and mechanisms of access Many goals such as preserving the natural environment and natural systems, enhancing their integrity and important functions for life and well-being , promoting the quality of life and healthy population, promoting the demographic situation, ensuring the guarantee of environmental rights of communities, forming a high level of legal and environmental culture of humanity.
Also, the main directions of legal policy in the fight against current global environmental problems are: the creation of a legal mechanism for ensuring the protection of the environment; prevention and elimination of the threat of environmental safety; improvement of environmental legislation and practices; intensifying the fight against environmental crimes (ecocide, environmental terrorism) and increasing the effectiveness of anti-corruption policy.
The increase in the ecological and legal culture of citizens and the formation of a new type of individual. A person is a part of nature and is in a dual relationship with the environment, in one case he is the main source of pollution, in the other - he acts as its protector, carrying out environmental protection activities.
Judicial precedent in the legal system of Ukraine: modern approaches to the definition of the concept
Authors: Bernaziuk O. O. 
Published: February 2024

The article reveals the modern concept of a legal opinion of the Supreme Court and substantiates the opinion that such an opinion is characterized by a significant number of signs of judicial precedent.
A review of scientific approaches to understanding the place and role of court precedent in general and its presence in the legal system of Ukraine was conducted. It has been clarified which features of the legal position of the Supreme Court give it the properties of a judicial precedent, and also the ever-increasing importance of knowledge and use of the legal positions of the Supreme Court in the activities of all civil servants, lawyers, as well as representatives of other professions who apply the relevant norms in their work has been proven legislation.
Based on the review of scientific concepts and approaches to understanding the concept of “judicial precedent”, the author proposed an improved definition of this concept. It has been proven that a judicial precedent (stare decisis) is a legal conclusion formulated during the consideration of a specific case in the decisions of the courts of higher instance regarding the method of application of the norm of substantive or procedural law. It is argued that the judicial precedent is designed to ensure the formation of a unified approach in matters of interpretation of this norm, resolution of contradictions or gaps in legislative regulation, and is mandatory for application when courts resolve disputes in similar legal relationships.
The author proved that judicial precedent is a source of judicial law-making, in the process of which a new rule of law (rule of conduct) is not created, but a mandatory method of applying the rule of law is determined, a unified approach to resolving contradictions between norms of legislative acts (overcoming conflicts) or filling gaps in legislative regulation. It is argued that a certain exception can be considered legal conclusions formed in the process of applying the analogy of law and analogy of law by the court to normalize the established gap in the legislative regulation of certain social-administrative legal relations.
Performance of service and combat tasks related to the use of firearms by employees of the national police under the conditions of the state of martial
Authors: Glyan T. D. , Zelenskiy E. S. 
Published: February 2024

The article examines the peculiarities and problems of the use of firearms by national police officers under martial law. It takes into account the range of duties and tasks assigned to police officers. Practical analysis of police use of firearms at checkpoints. Legal behavior that regulates the use of firearms by the police has certain peculiarities. Today, police officers try to avoid the use of firearms even in situations where their use is prescribed by law, which sometimes leads to the failure or improper performance of their duties. The article also analyzes cases of police use of firearms at checkpoints and the possible consequences of the use of firearms. They discussed ways to solve the issue of effective and legal use of firearms by employees. Martial law conditions lead to increased danger and risk for state institutions and the entire population of Ukraine. In these conditions, law enforcement agencies work in an intensified mode, carrying out round- the-clock collection and generalization of information. The police patrol the streets, check the documents of suspicious persons and, if necessary, have the right to inspect things, vehicles, luggage and cargo, as well as official premises and citizens’ homes. These measures are aimed at ensuring the safety and protection of the Ukrainian population in the conditions of martial law associated with the armed aggression of the Russian Federation.
Legal safeguards protecting police powers in case of lawful use of firearms are considered, as well as the possible consequences of going beyond what is necessary to apprehend an offender. The use of firearms during martial law is an important matter of public safety and order. This article analyzes the characteristics, problems, and possible consequences of such use and suggests ways to solve them in order to ensure safety and respect the rights and responsibilities of police officers in such situations. In summary, the use of firearms by police officers during martial law requires further research and study, as police officers often operate in extreme circumstances where they must use firearms. The primary purpose of using firearms is to protect the lives of police officers and those in immediate danger. Therefore, it is imperative that this topic is studied in more detail to ensure that firearms are used effectively and legally while keeping all parties involved safe.
Some issues of harmonization of tax and labor legislation in the context of public and private law
Authors: Demenko O. Ye. 
Published: February 2024

The article is devoted to the study of some issues of harmonization of tax and labor legislation in the context of public and private law. It has been established that the payment of taxes is a subject of regulation of tax law, and the requirements established by tax legislation are necessary for the obligation to pay taxes to arise.
It was concluded that the spheres of tax and labor law intersect at the point of payment to employees. From the point of view of labor legislation, payment of labor is the right and guarantee of every employee (private legal aspect), and from the point of view of tax legislation, it is a source of income of a natural person subject to taxation (public legal aspect).
Taxes charged on the wages of individuals in the sense of the tax and labor legislation are called “deductions”. It is advisable to amend Art. 110 of the Labor Code of Ukraine and Art. 30 of the Law of Ukraine “On Wages”, expressing them as follows: “At each payment of wages, the employer must notify the employee of the following data related to the period for which the payment of labor is made: a) the total amount of wages with a breakdown by types of payments ; b) amounts and grounds for deductions from wages; c) the amount of wages to be paid; d) amounts of tax deductions”.
Attention is focused on such an aspect of tax and labor legislation as the status of the employer and its role in tax and labor relations. It was concluded that the key characteristics of the employer’s status in the tax aspect will be: a) the presence of an obligation to pay wages as a prerequisite for the obligation to administer the tax; b) the legality of the relationship between the entity performing the work and the entity paying wages (externally expressed in the obligation to conclude an employment or civil law contract). It is noted that the key features of the employer’s status in labor legislation will be: a) positioning as a party to an employment contract; b) the presence of an obligation to pay wages and ensure proper working conditions.
Legal relations in the field of civil status registration: analysis of legal facts
Authors: Karabin T. O. 
Published: February 2024

The article describes the peculiarities of registration of legal facts by civil registry offices. The author also analyses the main problems that arise during the registration of civil status acts for persons who are in the temporarily occupied territory and the territory of active hostilities. The article formulates the authors own definition of the category of legal fact, and also defines the category of administrative act; in the context of the topic under study. It is also emphasised that legal facts are registered by a specially authorised body of state or local self-government, which summarises the said action by issuing an administrative act of individual action.
The author comes to the conclusion that today Ukraine has formed a system of registration by civil registry offices. However, due to the introduction of martial law in Ukraine, citizens of Ukraine who are forced to reside in the temporarily occupied territory and the territory of military operations cannot properly use the services of the civil registry office. Unfortunately, the State&#39;s efforts to facilitate the registration of legal facts by these persons have not yet been crowned with significant success.
The author believes that it is necessary to develop a strategy for improving the current legislation in the field of civil registration of persons residing or temporarily residing in the temporarily occupied territory and the territory of military hostilities.
Confidentiality of advocate activities
Authors: Ostafiichuk L. 
Published: February 2024

The article examines the principle of attorney-client privilege in the system of the principles of the Advocacy and Practice of Law, and also the possibility of using electronic technologies and artificial intelligence by an attorney when providing legal assistance to a client in the context of ensuring compliance with the principle of attorney-client privilege.
It is proved that the principles of the advocacy are the central, leading segments of the principles of the Advocacy, but the «principles of organization and operation of the Advocacy» as a legal institution and the «principles of the Practice of Law» on which the professional activities of attorneys-at-law are based can and should be separated from each other.
It is established that the general prerequisite for distinguishing any principle of the Practice of Law is its significance, general nature, clarity and comprehensibility. The principle of confidentiality in the practice of law is fundamental since this principle is directly enshrined in Ukrainian legislation. However, in terms of observance of the principle of confidentiality of the Practice of Law, it is required not only from the attorney but also from the client to prevent information leakage to other users when using information technologies.
When using the capabilities of artificial intelligence in the provision of legal aid, the author recommends that a separate clause of the contract should be provided for, whether the client allows the attorney to use artificial intelligence technologies in the provision of legal aid and to what extent.
It is concluded that along with the progress and simplification of procedures, uncontrolled use of artificial intelligence by an attorney-at-law may lead to a violation of the principle of confidentiality of the attorney’s practice of law against the will of the attorney-at-law. Under any circumstances, when using artificial intelligence technologies, an attorney-at-law is prohibited from entering any personal data of a client or any other data which may identify the client in order to avoid leakage of confidential information.
Veto power of the UN Security Council members as a tool for blocking the UN activities
Authors: Nichyporenko G.V. 
Published: February 2024

The article is devoted to the legal analysis of the use of the veto by the permanent members of the UN Security Council. The purpose of the article is to comprehensively study the principles of minimizing the abuse of the veto power in the UN Security Council.
The article analyzes the current legal framework of the UN Charter regarding the possibility of using the veto power in the UN Security Council. The author examines the legal content of such grounds and analyzes the legal and political motives for such use.
The study identified gaps in the international legal regulation of situations where a particular state openly abuses the veto power in the UN Security Council.
The study of the topic is based on the provisions of the general theory of international law and practical experience of application and interpretation of the provisions of the UN Charter. The article provides specific examples of abuse of the veto power and approaches to reforming the operation of this instrument. The scientific research is based on the analysis of the provisions of international law and the analysis of the actual behavior of states in the international arena.
The publication draws conclusions on potential ways to reform the veto power in the UN Security Council.
The article provides for the coverage of topical issues and regulatory features of the use of the veto power in the context of military aggression.