bluuebunny/crossref_metadata_2025_split huggingface dataset:
Features of pre-judicial investigation in criminal proceedings in foreign countries
Authors: Kolomiiets N. , Yushchenko M. 
Published: March 2024

The scientific article is devoted to the definition of certain features of the procedure for conducting a pre-trial investigation in criminal proceedings of foreign countries. The origins of the separation of the «preliminary investigation» as a separate stage of the criminal process are established, as well as the relationship of national legal traditions and types of legal systems with the corresponding standards inherent in the criminal process is traced.
The analysis of the criminal procedural legislation of the Federal Republic of Germany, the Kingdom of Spain, Great Britain and the French Republic was carried out. The main aspects of the pre-trial investigation and inquiry of the Federal Republic of Germany have been studied. It has been established where criminal proceedings begin, how the interaction between prosecutors and police officers is configured, which is free evidence. Attention is focused on the types of suspicions depending on the degree of probability and functional purpose.
It was determined that the pre-trial investigation as an independent stage of criminal proceedings, according to the Criminal Procedure Law of Spain, is always the first in the criminal process. However, at the same time, the inquiry is in no way formally separated from the pre-trial investigation. The prosecutor and the investigating judge are united with the common goal of identifying the person who committed the crime and collecting the necessary evidence. The specifics of this stage depending on the type of proceedings are also indicated.
The characteristic features of criminal proceedings in Great Britain, which do not include the stage of pre-trial investigation at all, are considered. Despite the possibility of the defense party to collect evidence independently, the police's activities are considered extra-procedural, and therefore all the factual data collected by them need to be presented to the magistrate and their further confirmation.
The position and procedure for starting an investigation under French law is outlined. Her criminal process considers inquiry and preliminary investigation as separate independent stages. First of all, an inquiry is conducted, then a criminal prosecution is initiated, after which a preliminary investigation begins.
The conclusion of the article emphasizes the need for coordinated work of law enforcement agencies based on the principles of the rule of law, legality and justice. The necessity of applying the experience of foreign countries in improving the pre-trial investigation of Ukraine is argued.
Subjects of preventing and countering criminal offenses related to corruption: functioning problems and prospects for improving the legal status
Authors: Nykyforenko N. 
Published: March 2024

The article examines the subjects of prevention and counteraction to criminal offenses related to corruption. The author establishes that these are not only specialized law enforcement and judicial institutions (the National Anti-Corruption Bureau of Ukraine, the Specialized Anti-Corruption Prosecutor's Office, the High Anti-Corruption Court), but also institutions of general jurisdiction (the National Police of Ukraine, courts of general jurisdiction), as well as other entities, including government agencies, various categories of authorized persons, whistleblowers, and civil society institutions. Despite the fact that Ukraine operates a three-tier anti­corruption system (the National Anti-Corruption Bureau of Ukraine, the Specialized Anti-Corruption Prosecutor's Office, the High Anti-Corruption Court), which is a countermeasure to elite corruption, the main burden of detection and prosecution for criminal offenses related to corruption, entrusted to the investigators of the National Police of Ukraine, who investigate relevant criminal proceedings, and district or inter-district courts, which conduct judicial review of these proceedings. However, quantitative indicators of criminal prosecution of persons who have committed criminal offenses related to corruption do not always provide the necessary results. Individual facts of bringing to criminal responsibility officials occupying a responsible or particularly responsible position are important, as this can have a significantly greater preventive effect on the subjects of the declaration in order to prevent them from committing corruption or corruption-related criminal offenses.
Based on the results of the analysis of the problems of the functioning of the specified subjects, the prospects for improving their legal status have been determined: 1) to create a mechanism for rewarding whistleblowers not only for corruption crimes, but also for criminal offenses provided for in Art. 366-2 of the Criminal Code of Ukraine; 2) ensure the institutional independence, separation of the head of the authorized unit (authorized person) by subordinating him/her directly to the National Agency for the Prevention of Corruption; 3) expand the powers of authorized divisions (authorized persons) in the area of declaration; 4) supplement the Law of Ukraine "On Prevention of Corruption” of October 14, 2014 with the main tasks of the person responsible for the implementation of the anti-corruption program.
Religious foundations of duty
Authors: Popovych T.P. 
Published: March 2024

It is noted that, simultaneously with the emergence and development of human society, the presence of certain general rules in regulating the behavior of members of society arises. Social life at all stages of its development required the presence of such rules with which we humans could coordinate our behavior and actions and count on a certain predictable result from such behavior or actions. At various stages of the development of society, these or other social regulators become a tool for ensuring such a need. Historically, social norms formed under the influence of requirements and patterns of development of primitive society become the first social regulator. To a greater extent, such societies normalized their focus on the duties of the individual by installing a large number of prohibitions that required members of the society to refrain from undesirable behavior.
It is indicated that with the complication and branching of social relations in society, general social norms support the impetus for further development and are differentiated in the following form of social regulators, in particular, morality, religion, and law. In our opinion, this order of progression of the development of social regulators is correct and natural. That is, initially the individual in the first society is aware of his responsibility to this or that social association, which is engaged in the creation of moral obligations. Gradually, certain beliefs appear in the primitive society, which contribute to the emergence of religious duties, which do not exclude moral positions, but complement them and values in interaction with them. And only with the appearance of the first state entities, we can talk about introducing obligations into the legal field with their further legal consolidation. It is important to note that in the pre-state period of human development, which occupies a sufficiently long period of time, duties developed outside the law and arose in accordance with human nature, customary norms, traditions, religious dogmas or moral ideas, based on the simplest rules of interpersonal interaction. All these factors - religion, morality, customs and traditions, to a greater or lesser extent changed their role in shaping the future idea of duties, that is why we consider it necessary to investigate the foundations of the institution of duty, in particular through the prism of religious influence.
Human behavior: philosophical and legal discourse
Authors: Romanova A.S. 
Published: March 2024

The article is devoted to the philosophical and legal problems of human behavior in the context of axiological aspects of anthropocentrism, which consists in observing human rights and freedoms and ensuring the principle of human dignity.
It is emphasized that the dynamic development of society affects the understanding and interpretation of the criterion of "permissibility" in behavior. The worldview and value attitudes and orientations of a person in society are changing, which causes substantial changes in the perception of legal phenomena as phenomena of social reality.
It was found that legal behavior is human behavior regulated by legal norms. It can be legal or illegal. Accordingly, the law either supports and encourages such behavior (lawful), or, on the contrary, considers it inadmissible, as it violates the norms of cohabitation (illegal).
It is emphasized that many scientists support the approach that lawful behavior does not require effort, but only involves the individual's refraining from negative actions. It was noted that such detention is not difficult for a person who was formed in a legal environment where those around him were law-abiding citizens, but on the contrary, it is the norm, but there is another type of person, for whom an environment with illegal goals and attitudes was an example. For such people, in order not to fall under the influence of a marginal, and sometimes criminal environment, it is necessary to make maximum efforts, sometimes even associated with danger to life and health.
It is noted that in the legal sphere there is a rather dangerous behavior of the so-called "double standards", when a person in general allegedly observes the rules of coexistence in society, observes the norms of the law and moral prescriptions, but believes that some norms and standards can be violated due to the fact that the damage from their violation is not significant.
Attention is focused on the fact that the value of human behavior lies in its implementation in a legitimate direction, through compliance with the norms of law and social morality inherent in a certain society at a specific stage of its development.
Peculiarities of legal regulation of the tax system of local self-government bodies in the Republic of Poland
Authors: Babin I.I. 
Published: March 2024

The article is devoted to the analysis of the peculiarities of the legal regulation of the tax system of local self-government bodies in the Republic of Poland.
It is shown that the modern system of local taxes began to form in the 90s of the last century, together with the restoration of the institution of local self-government. Despite the constitutional enshrinement of the right of all local self-government bodies to determine the amount of local taxes, ordinary legislation grants tax powers exclusively to the lowest link in the three-level system - the commune. Financing of the functions and powers of local self-government bodies of voivodships and poviats takes place through deductions from national taxes and fees. The author focuses on the existence of a distinction between the terms "local taxes” and "taxes of local self-government bodies” in the Polish doctrine of tax law. Local taxes are taxes that, by virtue of the law, are a permanent, indefinite and exclusive source of income for local budgets. Meanwhile, taxes of local self-government bodies are payments in respect of which local self­government bodies have tax powers. In light of the accepted criteria, for example, inheritance and gift tax is a local tax, but cannot be called a tax of local governments. Funds from this tax are fully credited to the budget of the territorial community, but local self-government bodies do not have tax authority over it. The list of local taxes is contained in the Law "On Local Taxes and Fees”. However, in reality, this list is incomplete and does not include a number of local taxes that are regulated by other legislative acts. In general, the list of local taxes is quite voluminous, in which only real estate tax, vehicle tax, forest tax and agricultural tax belong to the taxes of local self-government bodies. They meet the formal and material criteria that characterize the "own income” of local self-government units, while others only meet the formal criteria.
Morality, democracy, globalization, and law
Authors: Vovk V. 
Published: March 2024

The article reveals the interrelationship of such modern megatrends as globalization and democracy, which are declared a blessing in creating special opportunities for each country, social community, and individual. Globalization was initially understood as an exclusively economic phenomenon, today it covers almost all spheres of human activity, today it can be considered as multiple processes and trends in the formation of a single planetary space, which involves the integration of states and their populations in all spheres of social life (economy, public administration, politics, culture, law, morality). It is shown that globalization as "Westernization" in its modern version contributes to the spread of democratic values and institutions, prompts changes in the value-normative systems of societies and worldviews, and significantly impacts the norms of social morality and law. The features of modern globalization processes are determined by the rapid development and availability of IT technologies for the population, the mobility of modern people, and the formation of new values in postmodern society, which are associated with societal changes.
The article proves that globalization and all the processes accompanying it can take place only in those societies that strive for it themselves. The artificial planting of democratic values, and moral and legal standards is possible under constant external support, their actual perception and implementation in life takes place with the support of the population and the authorities of each state. The bipolarity of the modern world is represented by states that accept globalization-democratic values and states that defend their own identity and traditionality. Therefore, it is important to take into account the peculiarities of modern worldview orientations of each actor (state, society) and the voluntariness of participants in globalization processes regarding the creation of supra-state structures, as well as the voluntary adoption of norms and standards in the regulation of social life.
The concept of legal actions and their place in the system of legal facts
Authors: Yurkevych Yu.M. 
Published: March 2024

The development of the market relations in Ukraine had caused radical changes in socio­economic life, which led to the introduction of new categories in business turnover. The main foundations of the legal solution of these issues have been reflected in the Civil code of Ukraine, which, however, is currently in the stage of permanent renewal. The practice of law enforcement confirms that, in connection with the significant renewal of the system of private legislation, there is an objective need for theoretical analysis and scientific generalization of the existing realities. In the context of the above, it is worth emphasizing the great importance that the legal actions play at the present time, in connection with which it is advisable to also take into account their place in the system of legal facts.
A legal action is an action of a person aimed at acquiring, changing or terminating civil rights and obligations. They are divided into unilateral, bilateral and multilateral. A unilateral legal action is the deed of one party, which may be represented by one or more persons. A bilateral or multilateral legal action is an agreed deed of two or more parties. The general provisions on obligations and contracts shall apply to legal relations arising from unilateral legal actions, if this does not contradict the acts of civil legislation or the essence of the unilateral legal acton. At the same time, in judicial practice, sometimes there are difficulties associated with the qualification of certain deeds as legal actions.
Legal actions, of course, will continue to be one of the most common grounds for the emergence, change and termination of civil legal relations, and the correct definition of the legal nature of a person's deeds as a legal action is extremely important for the correct resolution of disputes between participants in civil transactions, compliance with the principles of legality, reasonableness, good faith and justice. In the conditions of the development of economic processes and modern technologies, the methods of performing legal actions, the requirements for their form, will be improved, and therefore it seems important in the future to update the approaches to the methods of protecting the rights and interests of their participants.
To the issue of free privatization of land
Authors: Danilik D.M. , Melnyk N.O. 
Published: March 2024

In the comparative legal aspect, the introduction of such a legal category, which was called "land privatization”, is highlighted, the essence of which is the transition of a land plot of state or communal ownership to private ownership, the subjects of which are natural persons and legal entities under private law. Attention is focused on the free privatization of land plots by citizens of Ukraine and its features are given. The subject composition of the procedure of free privatization of agricultural and other lands is analyzed.
It was concluded that gradually free privatization is losing its social function and the corresponding legal norms need a radical revision. The right of Ukrainian citizens to free privatization of land, established by law (Articles 118, 121 of the Land Code of Ukraine), is not realistically ensured, since the area of the undistributed land fund is not enough for each citizen of Ukraine to receive a plot of land. Therefore, a situation has arisen when citizens have the right to free privatization of land plots, but most of them cannot implement it. Practice shows that the privatization of land plots, free of charge by law, has actually turned into paid privatization, when interested citizens of Ukraine pay a fee for the transfer of land plots to them in various forms.
The necessity of a partial refusal of free privatization is substantiated, since it is not guaranteed and not financially supported by the land fund of our state. Along with the introduction of privatization on a paid basis, that is, its monetization, the conclusion about the expediency of maintaining free privatization for persons defined by Article 25 of the Land Code of Ukraine is substantiated. Free privatization must be transparent and fair, and its procedures must be clear and understandable.
Problems of realization of the right to a safe environment for life and health under martial law
Authors: Denysenko K.V. 
Published: March 2024

The article is devoted to the study of problematic issues of realization of the right to a safe and healthy environment in the context of military aggression by the russian federation. It is emphasized that on February 24, 2022, the russian federation launched a war of aggression against the independence and territorial integrity of Ukraine, which is accompanied by the leveling of international humanitarian law, destruction of economic and natural resources, civilian and critical infrastructure, as well as numerous cases of violations of the environmental rights of Ukrainian citizens, in particular the right to a safe environment for life and health.
The author formulates the features of the right to a safe environment for life and health: 1) it belongs to the complex of environmental rights; 2) it is enshrined in the Constitution and laws of Ukraine; 3) it applies to all persons, without reference to the citizenship of Ukraine; 4) it is realized by a person in order to satisfy his or her vital and physiological needs; 5) it is inalienable; 6) it acts as an opportunity for any person to satisfy his or her vital and physiological needs; 7) its realization does not require active actions on the part of citizens; 8) it is protected and defended in accordance with the procedure established by law.
It is emphasized that the aggressor country resorts to nuclear blackmail, land contamination, pollution of soil, water, air, nature reserves, destruction of flora and fauna, which leads to violation of the provisions of the Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques, Additional Protocol to the Geneva Conventions of 12.08.1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I).
The documented crimes committed by the russian federation outlined in the article make it impossible to properly exercise the constitutional right to a safe environment for life and health, and Ukrainian citizens are unable to fully use environmental facilities and meet their own physiological needs with their help. The real extent of damage to the environment and the related long-term impact on public health from russian aggression can be assessed only after the war ends and all the territories of Ukraine are fully de­occupied.
Normative act in the administrative litigation legislation and practice: definition and distinction from similar phenomena
Authors: Yefymenko N. 
Published: March 2024

The article indicates that, regardless of the form of the official document, the fact that it governs through its generally binding provisions the legal status (establishment, change or termination of rights and duties) of an unlimited circle of participants in legal relations to which this official document applies (the general direction of the rules of conduct) rather than covering only specifically defined (personified) persons - are sufficient conditions for ascertaining the normative nature of a particular official document or its certain provisions. It was established that if an official document is not characterized by these properties or only one of them is inherent in it (mandatory nature of the rule of conduct that it establishes, changes or terminates, its general orientation and the possibility of its repeated application), then this indicates that a document belongs to acts of official interpretation of legal norms (including those that are formally binding for their issuers) or acts of application of law (including administrative acts), public policy documents or other official documents.
In addition, the author drew attention to the fact that, unlike normative acts, individual legal acts are formally binding for specific (clearly determined) persons and define only their individual rights and/ or duties within particular situations, exhausting their legal validity after their settlement. Equally important is the correct separation of normative acts from acts of official interpretation (clarification) of law, which, having a general nature and being calculated for the use of their interpretatory provisions during the period of validity of respective legal rules are not legally binding for participants in legal relations regulated by the relevant law. At the same time, it was noted that according to established judicial practice, which is based on the principles of the rule of law (primarily, on legal certainty as its component) and good governance, acts of official interpretation (clarification) of legal rules, as a general rule, bind their issuers, but due to the lack of such an effect for other participants in the respective legal relationships, these acts are not universally binding in the literal sense of this feature.