bluuebunny/crossref_metadata_2025_split huggingface dataset:
Problems of registration of acts of civil status of Ukrainians abroad who left during martial law in Ukraine
Authors: Egorov V. O. 
Published: February 2024

Acts of civil status are actions and events that occur and initiate, change, supplement or terminate inextricably linked to an individual and the possibility of being a subject of civil rights and obligations.
The State Register of Civil Status Acts must include the following information: birth; adoption; deprivation and restoration of parental rights; marriage registration; divorce; change of name; and death of an individual. The authorized bodies empowered to carry out state civil registration are the state civil registration authorities (central executive body in the field of state civil registration, state civil registration departments of the Main Department of Justice of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea, main departments of justice in regions, cities of Kyiv and Sevastopol, district, district in cities, city (cities of regional significance), city and district departments of justice).
A vital record is a state document issued by an authorized body to carry out state registration of civil status acts, which contains personal information about a person and confirms the fact of such an action or event.
Over the past two years, the state has significantly simplified the state registration of civil status acts. In particular, it is now possible to submit an application for marriage registration through the Unified State Web Portal of Electronic Services (Diia Portal), and if one of the spouses is a military officer, state registration of marriage can be conducted by the civil registry offices without the personal participation of such a bride or groom, and state registration of civil status acts can be conducted in diplomatic missions.
The full-scale invasion of Ukraine by the Russian Federation has provoked an unprecedented flow of Ukrainians who were forced to flee Ukraine abroad as a result of the fighting. According to the Ombudsman of Ukraine, as of 2022, 14.5 million Ukrainians have left the country. The exact figures are being investigated.
However, many citizens abroad face problems with state registration of civil status acts in diplomatic missions, which makes it impossible for them to fully exercise their right.
Subcontract under the legislation of Ukraine and the legislation of the EU
Authors: Kovalenko I. A. 
Published: February 2024

The object of this article is social relations that arise in the process of researching civil-law relations in the field of providing services under a contract and a subcontract. And the subject of the study is the comparative characteristics of the contract under the legislation of Ukraine and the legislation of the EU countries.
In the 60s of the last century, contracts for the provision of services and contracts for the performance of works began to be distinguished in domestic construction and in the construction of foreign countries. The basis for distinguishing between these contracts is that the obligation to perform work and the obligation to provide services mediates economic relations regarding the provision of services, but the services have a dual nature (material and immaterial), which led to the difference in their legal regulation.
The contract for the provision of services is one of the oldest institutions of private law, the origins of which can be found in Roman law. In classical Roman law, there are detailed contractual structures that mediate the process of providing services. At the same time, it should be noted that there was no detailed definition of their concept in Roman law.
In Roman law, a contract for the provision of services is understood as a group of contracts under which one party undertakes to provide certain services for the benefit of another party (the lessor), and the lessor – to pay a set fee for these services.
Probably, initially, the contract for the provision of services was not a special type of contract, and therefore did not have an established contractual structure. Only with the development of trade and civilized thinking, the contract for the provision of services is brought under one of the established structures.
Consideration of the peculiarities of the legal regulation of subcontracting and subcontracting under the civil legislation of Ukraine and foreign countries is not only interesting, but also relevant. The relevance of this topic lies in the fact that one of the main trends in the development of the modern economy is the rapid growth of the service sector, which covers a wide range of activities aimed at meeting the personal needs of the population and the needs of production, as well as the needs of society as a whole: from trade, transport and financing to insurance, mediation and consulting. The methodological basis consists of the general scientific method of learning legal reality, as well as the following methods: comparative-legal, structural- functional; methods of document analysis, synthesis.
A subcontract is a civil law contract under which one party (the contractor) undertakes at its own risk to perform certain work on behalf of the other party (the customer), and the customer undertakes to accept and pay for the work performed.
Peace agreement (reconciliation) in civil and administrative jurisdiction: a comparative aspect of the study
Authors: Lazur Ya. V. , Zaborovskyy V. V. , Cherevko P. P. 
Published: February 2024

The article is devoted to a comparative legal study of the institution of settlement agreement (conciliation) in the fields of civil procedural and administrative procedural law.
The main purpose of the article is to highlight the significance of the settlement agreement in civil and administrative processes. Attention is drawn to the fact that when a settlement agreement is concluded and approved by the court, the parties have the right to independently choose a way out of the conflict situation, while the court is released from the obligation to review the merits of the case for which proceedings have already been opened. The value of the settlement agreement is to encourage the parties to voluntarily fulfill their obligations, thereby reducing the burden on enforcement agencies. Therefore, the right to conclude a settlement agreement in administrative and civil processes is an important procedural tool that contributes to the successful protection of the rights and interests of the participants in the process and the parties to the case, as well as relieves the court’s activity in considering court cases.
A comparison of the normative and legal regulation of the settlement agreement by the norms of the Civil Procedure Code of Ukraine and the Code of Administrative Procedure of Ukraine is carried out. The commonality of legislative approaches in solving such issues as who can conclude a peace agreement (reconciliation) is noted; the possibility of the parties to go beyond the scope of the dispute when concluding a settlement agreement (conciliation statements); availability of a written settlement agreement (reconciliation) of the parties; the court’s duty to explain to the parties the procedural consequences of approving a settlement agreement (reconciliation); the court’s obligation to check the terms of the settlement agreement (reconciliation) before approving them; fixing the terms of the settlement agreement (reconciliation) in the court decision, which simultaneously closes the proceedings in the case; the presence in most cases of identical reservations regarding the impossibility of approving a settlement agreement (reconciliation) of the parties, etc. On the other hand, distinctive features of the normative regulation of the settlement agreement and the reconciliation of the parties in civil and administrative proceedings, respectively, are noted. Based on this, it is proposed to improve domestic legislation in the field of civil and administrative jurisdiction.
The role of Magdeburg law for the political, economic and cultural formation of Ostroh in the XVI-XVII centuries
Authors: Humeniuk S. M. , Kyrychuk B. S. 
Published: February 2024

The article examines the impact of the concept of Magdeburglawontheeconomic, political and cultural development of Ostrohin the 16th-17th centuries. The author establishes that today there are many issues which require through research and resolution, inparticular, the introduction of a clear division of administrative functions between state authorities and local self-government bodies, improvement of the system and structure of local self-government bodies, and creation of an appropriate legislative framework. It is believed that it is impossible to solve these problems without a clear and systematic analysis of the mainstages of formation of local self-government in the contex to historical data on Magdeburg law.
The author establishes that Magdeburg law is a medieval type of law under which cities were partially exempted from the power of the central royal administration or the power of a feudal lord and, as a result, were able to self-governon a corporate basis. Thanks to the privileges of Magdeburg law, cities for the first time received self-government, their own mayor, mayor, councilors, shopkeepers, their own courts, and the right to create their own craftsmen’s shops.
The article confirms the idea that Magdeburg law is perhaps the clearest evidence that Ukrainian cities form any centuries were in a single political, cultural and economic space on a par with the leading cities of Europe. This thesis is confirmed by the history of the Magdeburg in many centers of our country, including the largest educational center of sixteenth-century Volhynia, the legendary city of Ostroh. Despite the outstanding importance of Ostroh in the socio-political and cultural life of Ukraine at the turn of the Middle Agesand the Modernera, the formation of the Magdeburg in this city has long been misinterpreted due to the lack of historical sources. The adoption of the concept of Magdeburg law provided Ostroh with a unique opportunity to develop local trade and, most importantly, the educational sphere. A characteristic feature of Magdeburg law in Ukrainian cities at the end of the sixteenth century was the transformation of its norms due to the influence of current factors of socio-economic development, as well as ancient Russian traditions of urban organization and law. Thus, the Magdeburg law did not initiate a new process of establishing local government in Ukraine, but only modified to a certain extent the existing norms of life and management of local affairs.
Some aspects of legal regulation of cryptocurrency circulation in Ukraine
Authors: Marchenko V. , Dombrovska A. 
Published: February 2024

The impact of modern information technology has led to the emergence of a new form of currency – cryptocurrency, based on blockchain technology. This study aims to analyze the existing legal framework and delve into potential ways of legal regulation of activities related to the circulation of cryptocurrencies, in particular bitcoin. To achieve this goal, the study used a comprehensive set of both general scientific and specialized cognitive methods, including the comparative legal method, the systemic and structural method, methods of generalization, analysis and synthesis.
The study clarifies the essence of blockchain-based cryptocurrencies as an alternative to traditional fiat currencies based on the fundamental principle of decentralization. It is noteworthy that among the many cryptocurrencies, bitcoin stands out with a distinctive feature called “hardness,” which gives it the properties of “digital gold.” This quality makes bitcoin a powerful means of preserving value, like precious metals, strengthening its status in global finance.
In addition, the study outlines the current state of legal regulation of relations related to the circulation of virtual assets. A thorough analysis of the existing legal framework and its effectiveness in addressing the unique challenges posed by decentralized currencies has also been conducted.
The study pays considerable attention to the prospects for the development of legal regulation of cryptocurrencies, which will consider the dynamic nature of virtual assets.
To summarize, this study contributes to the understanding of the economic intricacies inherent in blockchain-based cryptocurrencies, with a special emphasis on the “hardness” of bitcoin as a distinguishing factor. In addition, the study sheds light on the current state of legal regulation of virtual assets, paving the way for insightful predictions of the future regulatory landscape. This work not only adds to the academic discourse around cryptocurrencies, but also serves as a valuable resource for policymakers, practitioners and academics grappling with the challenges and opportunities presented by this new financial paradigm.
Legal regulation of the exercise and protection of the child’s right to medical care in Ukraine
Authors: Porozova I. Yu. 
Published: February 2024

The purpose of the article is to determine the peculiarities of the legal regulation of the implementation and protection of the child’s right to medical care in Ukraine. In order to recognize a child as a subject of legal relations for the provision of medical care, it is important to distinguish between the legal status of minors and minors in the legislation of Ukraine.
The following conclusions were made: 1) the consent of the minor child’s legal representative is required to exercise the right of a minor child to medical assistance; 2) a minor child can independently exercise his right to medical assistance (gives consent to medical assistance, chooses a doctor and methods of treatment in accordance with his recommendations); 3) the consent of both parents and the child is required to provide certain types of medical care to a minor child; 4) in urgent cases, in the presence of a real threat to the life of an individual, medical assistance is provided without the consent of the child or his parents (adoptive parents), guardian, custodian; 5) the law establishes a list of prohibitions regarding the participation of children (both minors and minors) in legal relations for the provision of medical assistance to children; 6) regardless of age, a child does not have the right to refuse treatment; 7) the peculiarities of the legal status of a minor child- patient may also depend on other parameters: on the types of activities minors are engaged in (for example, child athletes), their state of health (disabled children, drug addicts), social status, etc.
Refusal of legal representatives from medical intervention for a child, which is necessary to save its life, is proposed to be considered as passive euthanasia, which is prohibited in Ukraine.
The Convention on the Rights of the Child enshrines the obligation of member states to ensure that a child who is capable of formulating his or her own views has the right to freely express those views on all matters affecting the child.
This requirement of the Convention gives children the opportunity to freely express their views and to demand that they be taken into account in accordance with their age and level of maturity. It was concluded that the legal regulation of the child’s right to medical care in Ukraine does not meet the requirements of the Convention on the Rights of the Child, and Ukraine is a party to this Convention.
Qualification of medical (medical) errors
Authors: Skrynnikova K. O. 
Published: February 2024

In the article the author investigates the qualification signs of actions (inaction) of doctors (medical staff), the consequence of which is a medical error. Their content and influence at the civil law relations that arise between the doctor and the patient are established. The author emphasizes the development of a correct, well-thought-out and unified position about the legal qualification of erroneous actions of doctors (medical staff). Also in the article it is noted that possible defects of medical care are: lack of a positive result, accident, medical error, where medical error is the basis for bringing to civil liability for doctors (medical workers). It is noted that the characteristic signs of such an error are harm to the patient`s health or his death and the presence of both intentional guilt and negligence and wrongful acts (inaction) of doctors (medical workers).
The analysis and classification of the causes (factors) of occurrence and types of medical error is carried out. The subjective and objective reasons influencing actions (inaction of doctors, medical workers are defined). It is said that the objective reasons the doctor, the medical worker cannot predict and which exclude their responsibility. It is stated that actions under the influence of objective reasons should be considered as types of accident (or incident). Subjective causes (factors) are errors made by doctors (health professionals) that unreasonably deviate from established medical standards, act carelessly, confidently or allow unreasonable risks in the absence of experience or knowledge.
The article analyses the classification of medical errors by the causes, in particular: diagnostic errors; medical and tactical errors; technical errors; organizational errors and deontological errors. A legal assessment of a medical error as one of the possible grounds for civil liability is provided. It is substantiated that the responsibility of a doctor, medical staff depends on the presence of guilt in his actions and the qualification of the negative result of medical care.
The article also emphasizes that doctors (medical workers) are not responsible for a medical error, but for the damage caused to the patient as a result of this error.
Scientifically substantiated proposals and recommendations for improving the civil legislation of Ukraine in the field of medicine are formulated.
Procedure of forced buyout of shares (squeeze-out) in corporate law of Ukraine
Authors: Klapoushchak D. S. , Derkach E. M. 
Published: February 2024

In the context of new changes in corporate legislation this article examines the specifics of the implementation and protection of the minority shareholders’ right to demand fair compensation for the mandatory sale of their shares in case of transfering control over the company to other shareholders (participants).
It is stated that implementing the right to mandatory buyback of shares by the owners of a controlling stake (more than 95 percent of ordinary shares), the problems arise concerning the violation of the right of the remaining minority shareholders to receive fair compensation for the mandatory sale of their shares.
It is highlighted that issues on implementing the right to buy back shares at a fair price by controlling shareholders are caused by the flaws of Article 95 of the Law of Ukraine «On Joint Stock Companies» concerning involving a professional appraiser, that violates the general rules established by the legislation on limit prices.
Involvement of the evaluation activity subject to the independent determination of the company shares’ value at the request of minority shareholders who own at least 5% of the shares (or 1% in the case provided for by Article 95 of the Law on Joint Stock Companies), in order to overcome obstacles to exercise the right to a fair price through the mandatory sale of shares. The rule on the need to involve an appraisal activity subject conducting an independent appraisal of the value of the company’s shares at the request of minority shareholders who own more than 5% of the shares (or 1% or more, if it is provided for in Article 95 of the Law on Joint Stock Companies) should be removed from the Law .
The method, developed by judicial practice, to protect the right to receive a fair price for shares in case of transfering control is contained in Article 95 of the Law of Ukraine «On Joint Stock Companies». In accordance with clause 21 of this article, any shareholder who believes that the price of the mandatory sale does not meet the requirements established by clauses 5-7 of this article, has the right to demand from the plaintiff compensation for the fair value of the shares purchased for such requirements due to the court procedure.
Some aspects of legal consequences of the Constitutional Court of Ukraine decision’s No. 1-р/2023 dated 07.02.2023 for the practice of resolving labor disputes
Authors: Zanfirova T. A. , Aidynian A. V. 
Published: February 2024

The article analyzes the legal consequences of the decision of the Constitutional Court No. 1-р/2023 of February 7, 2023 for the regulation of labor relations between the employer and teaching staff who are paid an old-age pension, and for the practice of resolving labor disputes regarding the recognition of their dismissal and reinstatement as illegal.
Different types of situations are considered. For example, if such labor relations lasted/continues after February 7, 2023 and a labor dispute has not yet arisen, the most optimal “way out” from the point of view of the theory of labor law is to transfer teachers who are paid an old-age pension, by order of the employer, to open-ended labor contracts.
Various variants of the influence of the decision of the KSU No. 1-r/2023 of February 7, 2023 on the practice of resolving labor disputes were also studied. Such labor disputes are being systematized. The following groups of authors are distinguished:

labor disputes that arose after February 7, 2023 and, accordingly, were considered after this date;
labor disputes that arose before February 7, 2023, but were considered/reviewed after February 7, 2023;
labor disputes that arose and were considered by the court until February 7, 2023, if the decision was not reviewed or its review was completed before this date.

The article concludes that the disputes of the first group are not characterized by problems. Court practice shows that such lawsuits to declare dismissal illegal and reinstatement are decided in favor of the plaintiff- teacher, who is paid an old-age pension.
Labor disputes of the second group are resolved ambiguously in judicial practice. In one of the cases, the Supreme Court noted that the contested decision was based on the law that was in force at the time (as of the date of adoption of such a decision), and therefore no violations of substantive or procedural law were observed. On the other hand, in another case under a similar situation, the Supreme Court returned the case for a new consideration, pointing out the absence of other legal mechanisms for revising the court’s decision, which is based on an unconstitutional norm.
Labor disputes of the third group are the most problematic and debatable, because formally, the final decision in the case was made before the adoption of the KSU decision No. 1-r/2023. Review of such cases under exceptional circumstances due to recognition as unconstitutional of the provisions of par. 3 ch. 2 Art. 22 of the Law is impossible. Violation of appellate or cassation review of such cases is complicated by missing the deadlines for such an appeal. “Summary” of the KSU decision under “newly discovered” circumstances is a debatable issue, although, in our opinion, in general, such an option is not excluded.