bluuebunny/crossref_metadata_2025_split huggingface dataset:
Basic models of building pre-trial investigation as a stage of criminal proceedings in foreign countries
Authors: Nalutsyshyn V.V. , Nalutsyshyn V.V. 
Published: March 2024

One of the main areas of development of criminal procedure legislation has been, and still is, the differentiation of criminal proceedings into pre­trial and trial stages. The author notes the current trends in national criminal procedure legislation aimed at optimising the procedure for investigating criminal cases and reducing the timeframe for their investigation. The desire for democratisation of the criminal procedure doctrine, strengthening of the guarantees of admissibility of evidence, adversarial process, and changes in the process model itself, along with the fundamental trends in the development of the rule of law, have led to a large-scale adoption of foreign criminal procedure institutions.
The authors examines the main models of pre­trial investigation as a stage of criminal proceedings in the countries with the Anglo-Saxon (England, USA) and Romano-Germanic (France, Germany, Switzerland) legal systems. Given the materials studied, it is noted that when building models of pre-trial investigation of criminal proceedings, regardless of the system of law used in different States, the legislator focuses on improving two areas: criminal procedure and criminal law. The criminal law criterion is responsible for determining a more moderate sentence by reaching an agreement between the prosecution and defence. The criminal procedural criterion, in turn, defines two more areas of change: the possibility of reducing the procedural timeframe of the proceedings in a certain part or in general; reducing the procedural obligations of persons involved in criminal proceedings. The authors come to the conclusion that it is necessary to modernise the current model of the pre-trial stage of the national criminal procedure with due regard for the positive experience of the most developed Western countries.
The state of scientific development of issues related to the investigation of corruption criminal offenses committed by judges
Authors: Svoboda E.Yu. , Tsipotan Y.P. 
Published: March 2024

The article is devoted to the analysis of the scientific development of theoretical and practical issues in the investigation of corruption criminal offenses.
A review of literary sources in the field of criminal law, criminal procedure, criminology, operational and investigative activities regarding the abuse of power or official position by a judge during the administration of justice, their detection and investigation was carried out.
It is emphasized that the majority of scientific research is devoted to the investigation of criminal offenses in the field of official activity, the investigation of the acceptance of an offer, promise or receipt of undue benefit, the investigation of the abuse of power or official position by a judge in the course of the administration of justice, the investigation of crimes related to the receipt of undue benefit by judges during the performance of official duties, the issue of the use of special knowledge in the investigation of corruption offenses, the concept of corruption and anti-corruption forensic examinations, expert provision of pre-trial investigation of corruption crimes, the concept and conduct of anti-corruption examination, tactical means of investigation of corruption criminal offences, issues of foreign and international experience regarding activities specialized anti-corruption institutions.
Attempts to provide a scientific basis for the investigation of crimes related to the receipt of illegal benefits were also carried out at the beginning of the 21st century.
It is noted that recently the attention of scientists has been directed to certain issues of the organization of the National Anti-Corruption Bureau of Ukraine, issues of interaction.
The analysis of monographs, dissertations and other scientific works on the outlined issues proved that the basics of the investigation methodology of abuse of power or official position by a judge during the administration of justice still remain undeveloped.
Consent of a lawyer's client to the processing of his personal data as part of the exercise of the right to a lawyer's request
Authors: Zaborovskyy V.V. , Manzyk V.V. 
Published: March 2024

This article discusses theoretical and practical issues regarding the possibility of a lawyer obtaining information with limited access, in particular, information that contains the personal data of his client. The position is argued, according to which although the right to request a lawyer is a professional right of a lawyer, at the same time, taking into account the peculiarity of the information requested by him, which contains personal data of another person (confidential information), it is necessary to take into account the requirements of special legislation on the protection of personal data, primarily regarding stating the legal grounds (purpose) and the "convincing” need to obtain them.
Within the framework of this study, attention is paid to the problematic issues of determining the essence of the lawyer's client's consent to the processing of his personal data through the lens of the lawyer's right to request. It is concluded that the possibility of obtaining information directly related to the lawyer's client and containing his personal data is conditioned by his giving the lawyer the appropriate consent to this.
The requirements of the law and the position of the self-governing bodies of lawyers regarding the necessity (feasibility) of the lawyer obtaining consent to the processing of his personal data from the client are investigated. Attention is drawn to the fact that based on the absence of clear requirements in the legislation on the protection of personal data regarding the form of the above­mentioned consent, the position of the Bar Council of Ukraine is correct, according to which it should be set out in a separate clause of the contract on the provision of legal assistance, which can also be concluded in electronic form , and further provision of this contract (excerpt from it) is sufficient for obtaining confidential information about the lawyer's client.
To achieve the goal, the author used research methods that are characteristic primarily of legal science. This research was conducted using, in particular, systemic-structural and dialectical methods of learning legal reality, which provided an opportunity to analyze the essence of the lawyer's right to receive information containing his client's personal data and the need to obtain the latter's consent to their processing.
Certain Issues of the Legal Nature of Decisions of the Council of Advocates of Ukraine and their Entry into Force
Authors: Snidevych O. 
Published: March 2024

The article examines certain issues of the legal nature of acts of the bar self-government bodies, namely, whether the decision of the Bar Council of Ukraine has the features of a normative act (1), whether the publication of the decision of the Bar Council of Ukraine on the official website of the Ukrainian National Bar Association constitutes bringing it to the attention of the public in accordance with the procedure established by law (2), and whether the decision of the Bar Council of Ukraine on the organizational support of the Unified Register of Advocates of Ukraine determines the constitutional rights and obligations of citizens.
The author analyzes the concepts of "normative act”, "regulatory legal act” and "individual legal act". The author concludes that the Bar Council of Ukraine may adopt both normative (regulatory legal acts) and individual legal acts. The legal nature of a particular act of the Bar Council of Ukraine is determined by its content. The author establishes that the decision of the Bar Council of Ukraine on the organizational support of the Unified Register of Advocates of Ukraine has the features of a normative act.
The article examines the procedure for promulgation of regulatory legal acts in Ukraine. The Constitution of Ukraine defines the obligation to publish only legal acts that define the rights and obligations of citizens. This is required to ensure that citizens are aware of their rights and obligations. It is determined that Ukrainian legislation determines the procedure for bringing to the attention of the public only certain legal acts. It is concluded that publication of a decision of the Bar Council of Ukraine on the official website of the Ukrainian National Bar Association is its communication to the public in accordance with the procedure established by law.
The author also makes a comparative analysis of the rights and obligations of Ukrainian citizens as defined by the Constitution of Ukraine and the rights and obligations of citizens as defined by the decision of the Bar Council of Ukraine on the Register of Advocates. The author concludes that the decision of the Bar Council of Ukraine on the Unified Register of Advocates does not define the constitutional rights and obligations of citizens.
Basics of implementation of the standards of international agreements in the sphere of international trade by Ukraine
Authors: Daraganova N. 
Published: March 2024

The latest international trade is characterized by serious, radical changes - the creation of a global information space, where the main products of production are information and knowledge, and information technologies penetrate almost every sphere of economic activity. International treaties become the main source of legal regulation of relations arising in the field of international trade.
It has been established that the future development of Ukraine's economy directly depends not only on determining the directions of transformation of legal relations in the field of international trade, but also on how Ukraine directly implements the provisions of current international treaties in the field of international trade, in particular in such an important field as intellectual property - international agreements are the determining factors of the competitiveness of the country's economy, the most valuable capital that determines the strategy and tactics of our country's development, the most important driver of innovation.
It was found out that today, the states have come to the realization that without solving issues related to the international regulation of relations in the field of intellectual property, without concluding international agreements in this field, it will be impossible to promote any object of intellectual property in the world. It is substantiated that all the specified international treaties regulating intellectual property as an object of trade transactions, to which Ukraine has joined, form an interconnected system of international trade relations. The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) occupies a special role among the system of these international agreements. The implementation of the TRIPS Agreement in Ukraine progressed in parallel with radical changes in the ways of using intellectual property in trade and the growing use of the international intellectual property system. Currently, Ukraine is at the final stage of institutional reform in the field of intellectual property - the State Organization «Ukrainian National Office for Intellectual Property and Innovations» (UANIPIO) has been established; its powers, scope and directions of its activity are established; the right to represent Ukraine in international and regional organizations, etc.
Ukraine is an active participant in international trade processes and the corresponding main international legal acts in this area, which increases the interest of our state in optimizing and improving the standards, norms and provisions that regulate it. Judicial practice has confirmed that international treaties are an integral part of national legislation.
On the Problem of Determining International Legal Responsibility in Public International Law
Authors: Bialyi G.A. 
Published: March 2024

One of the ways to ensure order in international relations from ancient times to the present day is to use the institution of responsibility. Most lawyers who devote their work to international law in general and to its individual branches. To one degree or another, these works deal with the issue of international responsibility.
To date, the issue of liability under international law has been one of the least developed, although the problem of international legal liability is becoming increasingly important in the practice of international relations as one of the security institutions that help maintain a certain legal order in the world.
The issues of international responsibility are equally important both in the field of public law and private law relations. Moreover, liability in these two branches of international law has much in common and is closely interrelated, which is clearly evident in the process of analyzing liability issues in various branches of international law.
The definition of responsibility in international law is a key topic that determines the legal order and relations between states and other actors of the international community. One of the key aspects is the consideration of the principles of determining responsibility in international law.
The definition of responsibility in international law is a key topic that determines the legal order and relations between states and other actors of the international community. One of the key aspects is the consideration of the principles of determining responsibility in international law.
The article examines the essence and main aspects of the concept of international legal responsibility, which is one of the first principles of international law.
First of all, the article examines the principles of responsibility, such as the principles of sovereignty, equality of states and non-interference, and how these principles shape legal standards and mutual relations between states and other subjects of international law.
Special emphasis is placed on the current challenges facing the concept of international legal responsibility. In particular, the author analyzes new forms of responsibility, such as cybersecurity, human rights violations and other aspects arising from the development of globalization and technology.
The article also emphasizes the need for continuous analysis and adaptation of the concept of international legal responsibility to changes in the modern world, emphasizing the importance of developing effective tools and mechanisms to address the challenges arising in a globalized and technologically advanced society.
International experience of combating criminal interference with the legal activities of military formations
Authors: Yasinovsky P.V. 
Published: March 2024

The article analyzes international and foreign experience in combating criminal obstruction of the legitimate activities of military formations. Based on the experience of foreign countries, the strategies and methods used to prevent and counteract criminal obstruction of military operations are highlighted. International legal acts and agreements aimed at ensuring the security and protection of the legitimate interests of military formations in the performance of their duties are studied.
Military formations performing their duties in conflict and insecure environments often face criminal obstruction of their legitimate activities. This may include attacks on the military, destruction of military property, restriction of access to resources and other acts aimed at violating the rule of law and disrupting the military regime.
The issue of criminal obstruction of legitimate activities in the international and/or foreign dimension attracts the attention of both domestic and international scholars. At the same time, in the scientific literature, this issue is considered to a limited extent only in relation to obstruction of a specific type of activity of a person, business entities, officials, public and state figures, journalists and other victims. This is highlighted in the scientific works of such scholars as N.O. Gutorova, S. V. Mohonchuk, and Y V. Pylypenko [1, p. 79]. However, the science of criminal law lacks a theoretical basis for the international and foreign experience of combating criminal obstruction of the lawful activities of military formations. Thus, the purpose of the article is to reveal this issue and to provide a theoretical substantiation of the key elements of the crime under Article 114-1 of the Criminal Code of Ukraine.
M.D. Sergievsky stated that scientific research cannot be limited to the positive law of any one nation (domestic law). And the necessary material should be the used definitions of the law of other states [2, p. 3].
Philosophical and legal understanding of the category "human dignity" in the works of thinker
Authors: Kozynets O.G. , Kostmchenko N.D. 
Published: March 2024

The scientific article examines the peculiarities of the philosophical and legal category "human dignity”. In particular, within the framework of this study, the views of ancient thinkers, thinkers of the Middle Ages and the New Age were analyzed, and their interpretation of the category "human dignity” was given accordingly. In the views of Aristotle, Thomas Aquinas, Gianozzo Manetti, Thomas Hobbes, John Locke and Immanuel Kant, the essence, meaning and features of human dignity are revealed from various approaches. But at the same time, these views complement each other and allow us to clearly outline the essence of the "human dignity” category. At the same time, it is determined that this is not an exhaustive list of thinkers who research this category, but special attention is paid to it in their works.
Special attention is paid to human dignity as a philosophical and legal category, since it is determined that at first "human dignity” was considered as a philosophical category, and later it was considered as a legal category. This was a consequence of the establishment of the category "human dignity” in international legal acts and acts of national legislation, including in Ukraine.
The process of research, it was determined that human dignity has been considered by thinkers for many millennia, but at the same time, during the entire existence of this category, it has practically not evolved, which indicates the stability of this category. This is important in view of the fact that human society has reached a unified understanding of human dignity, which is especially important for the modern generation.
Also, within the framework of this study, the signs inherent in human dignity were considered. Conclusions have been made and a proper interpretation of the definition of the concept of "human dignity” has been given.
Methodological aspects of the study of the right to access to information in the context of modern communicative practices
Authors: Kmetyk-Podubinska K.I. 
Published: March 2024

The article is devoted to the analysis of methodological aspects of the study of the right to access to information in the context of modern communicative practices.
The necessity of identifying and substantiating the most applicable methods for research is determined. It is emphasized that the methodology of scientific research appears as a certain «code of laws» of scientific knowledge, which consists of two blocks of methodological knowledge - theoretical and worldview concepts and a system of methods of knowledge of different levels.
Based on the analysis of doctrinal sources, the author followed the understanding of the concept of legal methodology, method as a research tool. The importance of determining the methods of scientific research as one of the primary theoretical and applied tasks has been established.
The influence on the choice of scientific research methods (both general scientific and special scientific) of the subject of research (to determine the share of techniques within the method) and features of the object (to determine the range of techniques within the method) was monitored.
The article clarifies the possibilities of general scientific methods of researching the right to access to information in the context of modern communicative practices, in particular methods of general logic, such as analysis and synthesis, deduction and induction, abstraction and generalization, as well as classification. The author considered the most applicable historical-legal, comparative-legal (comparative), hermeneutic (hermeneutic-legal) and formal-dogmatic (legal) methods for research.
The author concluded that an important factor in the success of modern legal research is the use of an effective methodological toolkit, which depends on the quality of scientific results, their reliability and practical significance. Collectively, the analyzed methods make possible a comprehensive theoretical and methodological study of the right to access to information in the context of modern communication practices. The chosen methodology determines the research strategy, the system of applicable methods, as well as their importance and distribution of roles in obtaining and processing research materials.
Disclosure of information on ultimate beneficial owners: from theory to practice
Authors: Savenkova V.G. , Yamnenko T.M. , Fedorenko O.P. 
Published: March 2024

Ukraine has taken a significant step in the direction of transparency and fighting corruption, becoming one of the first countries in the world to disclose information about the beneficial owners of companies and make it publicly available. On 14 October 2014, the relevant Law of Ukraine "On Prevention and Fighting the Legalisation (Laundering) of Criminal Proceeds, Financing of Terrorism and Financing of the Proliferation of Weapons of Mass Destruction” was adopted, according to which all legal entities are required to submit to the Unified State Register of Legal Entities, individuals-entrepreneurs and public formations (hereinafter referred to as EDR) information about their ultimate beneficial owners.
This historic initiative was an unequivocal breakthrough for Ukraine in ensuring transparency and openness in the field of disclosure of ownership of legal entities. This Law brought Ukraine's anti­money laundering and terrorist financing system up to international standards (the implementation of EU Directive 2015/849). The availability of information on beneficial owners has not only increased trust in government regulation, but has also made the country an example for other countries seeking to fight corruption and ensure a fair and transparent business environment.
The law improved the system of financial monitoring, in particular regarding the application of a risk-oriented approach by subjects of primary financial monitoring. International organizations and the world community understand the importance of disclosure of information about the beneficial owners of companies, therefore it is reflected in a number of international legal acts. Ukraine is actively implementing international standards into national legislation, which confirms the high level of Ukraine's obligations to the international community in the fight against corruption and financial crimes.