bluuebunny/crossref_metadata_2025_split huggingface dataset:
Separate procedural aspects of the search
Authors: Tereshchuk S.S. 
Published: March 2024

It is indicated that the tasks of criminal proceedings are to protect the person, society and the state from criminal offenses, to protect the rights, freedoms and legitimate interests of the participants in criminal proceedings, as well as to ensure a quick, complete and impartial pre-trial investigation and trial, so that everyone who has committed a criminal offense , was prosecuted to the extent of his guilt, no innocent person was charged or convicted, no person was subjected to unreasonable procedural coercion, and that due process of law was applied to each participant in the criminal proceedings.
Accordingly, the article is devoted to the coverage of one of the most complex and strict investigative (search) actions in criminal proceedings, namely, the theoretical and practical issues of conducting a search and the role of participants in this procedural action during its conduct. The current legislation, which regulates the search, was analyzed, some changes and additions to the current Code of Criminal Procedure of Ukraine were proposed. The need for criminal procedural clarification of the circle of subjects who have the right to be present during the search was emphasized, it was noted that the application of the proper legal procedure will contribute to the protection of human rights and freedoms in criminal proceedings.
Summing up, the article notes that during the search, the prosecution is empowered with broad powers provided for by the Criminal Procedure Code of Ukraine. Due to the fact that some procedural issues are not clearly regulated by the legislator, the person conducting the search uses procedural loopholes to his advantage. Precisely in order to specify the powers of the prosecuting party during the search, we propose to supplement Part 2 of Art. 235 of the CCP of Ukraine.
Human behavior in philosophical and legal understanding: children's aspects during military actions
Authors: Ortynska N.V. 
Published: March 2024

The article examines the origin of the concept of human behavior. It was found that human behavior became the subject of study in various fields of knowledge. The origins of the formation of the concept of human behavior go back to Antiquity, which can be traced in the works of famous philosophers and thinkers. In this period, the concept of justice and coexistence of members of society was considered. It was established that Christianity had a significant influence on human behavior, which became the starting point in the formation of human behavior, worldview and, as a result, the creation of formal rules that gradually spread to all spheres of human existence. Historical events that were important for changing paradigmatic ideas about human behavior can also be traced during the First and Second World Wars, because it was during these tragic times that the very value of a person and his life, health, honor and dignity acquired a different color, which also influenced behavior and its interpretation. Human behavior can be considered based on age, value, social, moral, somatic, economic, labor, political markers, etc. The formation of human behavior begins at an early age, and parents are primarily agents of the child's socialization and guides to an independent life and in the process of the child's initial learning of his own reaction to events and the differentiation of positive and negative behavior, which builds the basic framework for his further interaction with the surrounding world. All these components affect the further formation of certain standard patterns in a person, which he subconsciously uses as a reaction to the surrounding world. Considerable changes that took place in the post-war period and in the postmodern period are studied. Attention is focused on the change in human behavior in the present.
The impact of the war on the behavior of children and youth, which underwent significant changes, was analyzed.
Direct judicial democracy as a constitutional and legal phenomenon
Authors: Berch V.V. 
Published: March 2024

The scientific article examines direct judicial democracy as a constitutional and legal phenomenon.
It has been established that conducting scientific research on the direct participation of the people in the exercise of judicial power requires the use of various methods and approaches to obtain objective information and understand this process. These include empirical research (collection of factual data related to court cases in which citizens participated, analysis of court documents, minutes of court sessions and other sources of information), study of legislation and legal acts regulating the participation of citizens in court processes, in order to determine the structure and scope of the rights and obligations of participants in court cases, the study of historical changes in legislation that relate to the direct participation of the people in the exercise of judicial power and their influence on modern judicial practice, sociological surveys and questionnaires (using structured questionnaires or interviews it is possible to investigate the opinions and beliefs of citizens regarding participation in judicial processes, their expectations and attitudes towards the judicial system in general), comparing court decisions and practices in different judicial systems or regions to identify similar and different characteristics in the impact of direct participation of citizens on the judiciary.
It is emphasized that ensuring the independence of the judiciary and increasing its social responsibility to citizens through mass media and civil society are important components on the way to improving the justice system.
It was noted that direct judicial democracy is a mechanism by which citizens take an active part in making court decisions, giving them the opportunity to influence the decision of cases. In this context, citizens become judges who participate in the consideration of specific cases, make decisions and determine punishment, if it is necessary.
In summary, despite the advantages of direct judicial democracy, it is also accompanied by challenges and limitations, such as insufficient legal education of citizens, the possibility of manipulation and the need for significant resources to ensure the participation of citizens in judicial procedures. However, these limitations are not insurmountable and can be overcome through effective education and awareness programs, as well as by encouraging civic participation.
The concept and grounds of medical professional liability
Authors: Faiier O.A. 
Published: March 2024

The relevance of the study is due to many social and legal factors. In modern conditions of the development and functioning of various systems for the protection of medical professionals and their patients, the concepts and grounds of medical professional liability are undergoing significant changes. The research of the conditions for the implementation of professional activities by medical professionals and their professional liability is determined by both scientific and practical considerations, since society needs orderliness and predictability of relations in areas of life directly related to the life and health of the patient on the one hand, and the business reputation of the medical professional on the other hand. With the emergence and expansion of professional activities types as integral attributes of social, economic and legal relations, a number of questions have arisen regarding a) improving the legal regulation of the professional activities of medical professionals; b) determining the goals of the medical professional liability; c) determining the medical professional liability grounds.
The source base for the research is the valid legislation of Ukraine, laws and by-laws, research and comparison of which requires a systematic approach and various research methods, such as: dialectical, logical-legal, system-structural, forecasting and comparative law methods, as well as materials judicial practice.
The article, first of all, concludes that the medical professional liability is applied to an individual entrepreneur (private practitioner) or a legal entity (health care institution) that provides medical services to the population, in accordance with a business license activities in medical practice, in case of causing harm to patients due to non-performance or improper performance of their professional duties, measures of government coercion in the form of sanctions (additional encumbrances) aimed at restoring the violated rights and interests of the patient. Secondly, it has been set that the medical professional liability shall arise only under the following grounds: wrongfulness of the medical professional, damage caused to the patient, causation and regardless of the medical professional guilt.
Economic and legal aspects of consumer rights protection
Authors: Oliukha V.H. , Lyha A.I. 
Published: March 2024

The article is devoted to the study of the construction "protection of consumer rights as a component of the economic legal order". The sustainable development of our country can be solved in the context of ensuring the rights of consumers, since the development of the economy is not possible without the reliable functioning of the consumer market. Only a protected and confident consumer is able to create conditions for the sustainable development of the enterprise even in adverse conditions of large-scale military aggression. It is the consumer at the microeconomic level who decides on the direction of his money, thereby exerting a kind of economic influence on business entities. Therefore, the protection of consumer rights cannot be reduced only to the restoration of already violated rights, since this does not allow to prevent their repetition.
It was concluded that the prevention of violations of consumer rights requires the state to implement a preventive approach to prevent and prevent such violations, which is possible within the limits of ensuring compliance with the economic legal order. For this, the state must ensure compliance with the requirements of legitimate economic activity, in particular, the rules on fair competition and prevent the abuse of a monopoly position and other types of distortion of competition, as well as manifestations of unfair competition in areas of economic activity related to the consumer sphere. These tasks can be solved only under the condition of the introduction of the appropriate state economic policy. In order to ensure the interests and rights of consumers, there should be a consolidated influence of state bodies, local self-government bodies, as well as self-regulatory organizations of business and consumers, which will ensure compliance with high standards of conducting business activities that take place in organizational and economic relations. Also, ensuring the observance of consumer rights should be carried out in the organic interconnection of economic-production and intra-economic rela­tions, as this allows for the creation of a system of compliance with the quality standards of goods, works and services sold to consumers.
State and prospects of legal regulation of digitalization of public participation in environmental protection
Authors: Ilkiv N.V. 
Published: March 2024

Current issues of legal support for digitization of public participation in the process of making environmentally significant decisions in Ukraine are explored in the article. The significant potential of digital technologies to ensure environmental security and sustainable social development is emphasized. Digitization of relations in the field of ecology in Ukraine affects the determination of the main directions of the national environmental policy. Post-war recovery and development of the economy will require integration into the plans, programs and other documents of the state planning of the ecological block. This is connected with the restoration of the state. This actualizes scientific research on the legal basis of public participation in strategic environmental assessment and environmental impact assessment procedures.
Systematic analysis of legal norms, which are the basis of digitalization of strategic environmental assessment and environmental impact assessment, is carried out in the article. The problems of legislative regulation of relations in the specified sphere are defined.
The author notes the importance of broad public involvement in the process of making ecologically significant decisions, which is a guarantee of balance, and the effectiveness of decision-making and their further coordinated implementation in practice. Positive innovations are indicated. It is necessary to continue work on improving the procedure of strategic environmental assessment and environmental impact assessment, the conclusion is drawn.
Digitization, as one of the defining trends in the development of human civilization, forms an inclusive society and creates conditions for better management mechanisms, expands public access to the environmental sphere, increases the quality of the environment and the range of public services, expands the ways of cooperation of civil society with subjects of power and business, and also creates opportunities in the implementation of environmental rights and satisfaction of the environmental needs of citizens.
The Institute of property rights protection in administrative law
Authors: Antonov A. 
Published: March 2024

The article is devoted to the study of the institution of property rights protection in administrative law. The legal institute of property rights protection in administrative law is considered as a set of administrative and legal norms regulating homogeneous social relations related to the protection of property rights. In the system of administrative law, they form an independent separate group, permeated with internal unity, with a common goal - to ensure a holistic effective regulation of social relations related to the protection of property rights, which allow for the possibility of applying to an individual or legal entity measures of administrative liability for the commission by that person of offenses encroaching on property.
It is established that: 1) the institute of property rights protection, as a systemic, integral entity, is a unity of naturally arranged and interrelated elements, to which we have referred the sources, objects of legal relations, as well as special entities whose activities are aimed at organizing appropriate protection of property rights through the use of administrative and legal measures and means; 2) the institute of property rights protection in administrative law operates with universal administrative and legal measures and means. This universality lies in the fact that they combine the «power» of the State structures with which they are usually associated, and which involve the direct application of various measures of State coercion with a preventive effect. Their combined use makes it possible to protect property rights at the sectoral level in the most complete and comprehensive manner.
It is stated that the State regulation of property rights protection in Ukraine belongs to a wide range of relations which are the subject matter of both civil, criminal and administrative law. The legal system of Ukraine has created a whole range of institutions for the protection of property rights. Taken together, they form the legal basis for state property protection. At the same time, the use of administrative and legal measures and means by the executive authorities in the course of property rights protection is the most effective in terms of the ratio «funds spent - results obtained from their use».
Legal regulation of formation of budgets of united territorial communities as key subjects of local self-government
Authors: Harbinska-Rudenko A.V. , Demchuk M.V. 
Published: March 2024

This article is devoted to the study of certain aspects of the formation of local self-government budgets, namely united territorial hromadas. It is summarized that the armed actions of the aggressor led to a deep economic crisis in Ukraine, which affected the financial capacity of the state as a whole and local self-government bodies, in particular.
Attention is focused on the fact that with the beginning of a full-scale invasion, the process of approving the budget of local self-government has undergone certain changes: the heads of the respective territorial communities can dispose of the funds of local budgets only in the territory where hostilities are not conducted and the military administration of the settlement (settlements) is not formed. The amendments to the Budget Code of Ukraine related to the payment of personal income tax by military personnel are analyzed. Attention is paid to the content of these innovations, namely, to direct to the state budget revenues from the paid tax on the income of an individual from payers- military personnel. It is noted that these changes should contribute to a more efficient distribution of financial resources, in particular, to influence the state's ability to purchase drones and weapons to ensure the country's defense capability.
Particular attention was paid to the issues of formation of local budgets, their distribution and use. It is emphasized that the process of decentralization of power, proposed by the government to meet the financial needs of hromadas, is based on local budgets, which will ensure financial independence and personalize responsibility for the consequences of ineffective management of local finances. It is emphasized that the successor of the property and duties of territorial communities are the communities themselves, but according to the innovations, the remaining funds received from the community budget over the past year will be directed to activities related to Russia's armed aggression against Ukraine.
The article focuses on the importance of ensuring transparency in spending budget funds and the right of communities to establish their own mandatory procedures for ensuring publicity in managing local finances.
Laundering of criminal proceeds through transactions with virtual currencies: a new threat to economic security
Authors: Kamensky D.V. , Dudorov O.O. 
Published: March 2024

The scientific article is devoted to certain aspects of legal (primarily criminal law) evaluation and countermeasures against dangerous practices of using virtual currencies for legalization of property obtained through criminal means. The basis of the author's research is an interdisciplinary approach to scientific knowledge, with the active use of international and separately foreign experience in countering the legalization of criminal income by using transactions with cryptocurrencies.
The authors express a position, referring to specific examples of large-scale "financial-virtual" abuses, about the need for Ukraine to develop its own clear action plan regarding the legal regulation of the circulation of virtual assets, in particular by implementing effective national mechanisms to prevent (or at least reduce) the practice of laundering "dirty” funds taking into account the immediate threats to the financial system of Ukraine from the actions of a country that carries out armed aggression against our state. It is also emphasized that in criminal law science there is a plurality of approaches to determining legalization of criminal proceeds, because this type of illegal behavior is a complex phenomenon (crime, action, process, technology, stage, method and procedure, type of business activity, etc.). With reference to the scientifically and practically established approach to distinguish three main stages in the laundering of criminal proceeds (location, concealment and integration), the position is argued that these stages cannot be equally applied to legalization schemes combined with the use of fiat or virtual currencies.
In the conclusions part of the article, it is emphasized that Ukraine, being integrated into the world economic community, must not only comply with special international standards, but also consider own priorities for the development of the national legal system and the current socio­economic situation in the country.
Measures of a criminal legal nature, which are applied for criminal offences that encroach on pharmaceutical activity, outside the limits of criminal responsibility
Authors: Frolova O. 
Published: March 2024

The article deals with the measures of a criminal legal nature, which are applied for criminal offences that encroach on pharmaceutical activity, outside the limits of criminal responsibility.
In the opinion of the author, such measures of a criminal legal nature are beyond the scope of criminal responsibility, such as: exemption from criminal responsibility; restrictive measures applied to persons who have committed domestic violence; coercive measures of a medical nature; coercive educational measures; forced treatment; special confiscation; measures of a criminal legal nature against legal entities.
Attention is focused on the fact that clarifying the specifics of the application of some of these measures is directly related to the implementation of the norms of the Criminal Code of Ukraine, which provide criminal legal protection of pharmaceutical activity in Ukraine. After all, the relevant norms of the Special Part of the Criminal Code of Ukraine provide for special types of exemption from criminal responsibility (Part 4 of Art. 307, Part 4 of Art. 309, Part 4 of Art. 311, Part 5 of Art. 321, Part 4 of Art. 321-1 of the Criminal Code of Ukraine), and the definition of the concept of special confiscation in Part 1 of Art. 96-1 of the Criminal Code of Ukraine directly includes its application for certain types of the mentioned criminal offences.
The article considers the specifics of the application of special confiscation (in particular, for such types of criminal offences that encroach on pharmaceutical activity and are provided for in Parts 2-5 of Art. 134, Art. 138, 142, 305, 306-308, Parts 2, 3 of Art. 309, Art. 312, 314-317, 320, 321, 321-1, 321-2, 322, Parts 2-4 of Art. 323, 324 f the Criminal Code of Ukraine).
The author paid special attention to the specific content of the prerequisites and grounds in the legal constructions of special types of exemption from criminal responsibility provided for in Part 4 of Art. 307, Part 4 of Art. 309, Part 4 of Art. 311, Part 5 of Art. 321, Part 4 of Art. 321-1 of the Criminal Code of Ukraine.
The author substantiates the relevance of the application of criminal-legal measures against a legal entity for the commission by an authorized entity of a legal entity on behalf and in the interests of this legal entity of criminal offenses provided for in Art. 142, 306, 307, 311, 312, 320, 321, 321-1, 321-2, 322 of the Criminal Code of Ukraine.