bluuebunny/crossref_metadata_2025_split huggingface dataset:
Administrative liability for non-implementation of local self-government bodies’ decisions
Authors: Velychko V. O. 
Published: December 2023

The scientific study is devoted to the problems of administrative responsibility for violating the requirements of the by-laws of local self-government bodies. Legislative acts and the list of administrative offenses regulating the powers of local self-government bodies are studied. The article examines the works of scholars who have studied the peculiarities of administrative liability for violation of parking rules, ensuring silence in cities, and waste management.It is stated that the binding nature of decisions of local councils and their executive committees is one of the guarantees of local self-government. Guarantees of local self-government are defined as a system of conditions that provide territorial communities with the exercise of the right to local self-government. Attention is drawn to the fact that local councils make decisions on the budget, housing, communal services, land relations, improvement, education, and health care, and regulate other legal ties. Failure to comply with many by-laws of local self-government bodies may entail administrative liability. Administrative offenses in budgetary, land, environmental relations, and settlement improvement are analyzed.
Cases of qualification of by-laws violations of local self-government as administrative misdemeanors are determined. The objective side of the composition of these administrative offenses is described.
The authority of local self-government bodies to bring offenders to administrative responsibility is clarified. Proposals for expanding the competence of administrative commissions and executive committees in bringing administrative responsibility are made. It is proposed to establish a list of violations of by-laws of local self-government bodies in the Law of Ukraine On Local Self-Government in Ukraine, for which administrative responsibility is provided for citizens and legal entities.
Administrative and legal regulation of the limits for preventing and combating corruption in the public service
Authors: Muzychuk E. O. 
Published: December 2023

The article states that the fight against corruption in the public service requires the regulatory and legal consolidation and organizational implementation of the limits for preventing corruption, by which we understand the actual definition of anti-corruption activities in laws and subordinate legal acts, as well as the existence at the organizational and institutional level of regulatory mechanisms the impact of social relations that arise in the course of the work of anti-corruption and law enforcement agencies in the field of preventing and countering corruption.
The Law of Ukraine “On Corruption Prevention”, the Criminal Code of Ukraine, the Law of Ukraine “On Civil Service”, the Law of Ukraine “On the National Anti-Corruption Bureau”, the Law of Ukraine “On the Specialised Anti-Corruption Prosecutor’s Office” are the main legislative acts regulating the issues of preventing and combating corruption.
Based on the essence and normative and legal grounds of the limits for preventing and combating corruption, we conditionally divide the latter into normative and legal, institutional, which provide for the existence and effective functioning of specially authorised entities responsible for preventing and combating corruption, moral and ethical limits.
Problematic aspects of the limits for preventing and countering corruption in the public service include the lack of effective mechanisms for public control over the declarations of officials under martial law, insufficient coordination between law enforcement agencies in the course of preventing and countering corruption, and the interference of political forces in the process of formation and further functioning of anti-corruption bodies.
Through the prism of the USA’s experience detailed study and the views of domestic administrative scientists, separate areas of improvement of the administrative and legal regulation of the limits for prevention and counteraction corruption in the public service have been formed, in particular, the formation of an effective system of separation of powers between the executive, legislative and judicial branches, ensuring at the constitutional level guarantees of basic rights and freedoms, the development of an appropriate institutional structure, the effectiveness of legislative mechanisms of control (supervision).
Modern State and civil society: promising directions and forms of interaction in the field of public administration
Authors: Muzychuk O. M. , Buhaichuk K. L. 
Published: December 2023

The work embodies the author’s view on how interstate integration and globalisation also affect public administration in a particular State, in particular, they introduce a passive role into the very understanding of the State, form a multiple range of actors, both external and internal, especially in the field of civil society, which take over the functions previously performed by the State direct certain areas of public authorities' activities to address global issues (transnational crime, the consequences of global environmental disasters, etc.), set trends at the level of public administration towards greater decentralisation of the competence of public authorities and, at the same time, towards globalisation of management of certain areas related to global climate change and other global problems.
It is emphasised that in the newest understanding of the paradigm of relations between the modern State and civil society, there is a socially oriented vector of the State, which is diverse and closely related to the needs of the population. The state acts as a kind of “bridge” between society and the potential opportunities for its development and satisfaction of the widest possible range of needs, establishing the so-called “public relations” direction.
The authors propose their own interpretation of public administration as the functioning of a public entity system established by the State, whose activities are aimed at ensuring sustainable development of the State in the process of providing administrative services, implementing laws and by-laws, and interacting with civil society in the national and international dimensions.
The promising directions of interaction between the modern State and civil society, which are divided into separate forms, include interaction of the State with members of diasporas through various institutions and practices, interaction of the State with civil society institutions formed by higher education students, interaction of the State with civil society in the field of environmental security of the State.
Cyberterrorism: content, forms and promising countermeasures
Authors: Melnyk D. S. 
Published: December 2023

The purpose of the study is to clarify the concept of cyber terrorism, its typical features and main forms, and to develop proposals for improving the system of countermeasures. The article highlights modern approaches to defining the content of cyber terrorism and its social and legal nature. This type of terrorism should be regarded as a socially dangerous politically motivated activity aimed at disrupting the critical information infrastructure of the State and thus creating a danger to human life and health or causing other serious consequences, provided that such actions were committed for terrorist purposes, or using cyberspace for other purposes of terrorist activities not directly related to terrorist acts.
Typical features of cyber terrorism are described and a definition of its concept is proposed. The main forms of cyber terrorism are revealed: the commission of terrorist acts by organisations, groups and individuals using computers and computer networks or by influencing the information processed (circulated) in them, as well as the use of cyberspace for other purposes of terrorist activities not directly related to the commission of terrorist acts.
The counteraction system may be based on the following: proper regulation of the concept of cyber terrorism in national legislation, criminalisation of acts of cyber terrorism and its components; enhancing the security and protection of critical information infrastructure; improving existing and applying new counteraction methods; improving cooperation in the field of combating cyber terrorism.
Special criminology measures for preventing unvoluntary leaving a military unit or place of service
Authors: Tkachenko P. I. 
Published: December 2023

Voluntary abandonment of a military unit or place of service is a serious problem in the field of military discipline, operational readiness and defense capability of the army. This problem can have a negative impact on the effectiveness of military operations, the security of the country and trust in the representatives of the military management and defense sector. The spread of the specified type of criminal act forces lawyers to investigate the nature of the commission of the crime provided for in Art. 407 of the Criminal Code of Ukraine (hereinafter referred to as the Criminal Code of Ukraine), criminological characteristics, dynamics, the person-criminal, as well as prevention measures, among which it is possible to single out the special criminological orientation, which can be recognized as narrowly directed and designed to effectively solve the tasks.
The article is devoted to the study of special criminological measures aimed at preventing cases of voluntary abandonment of military units or places of service by military personnel. In order to strengthen military discipline, reduce the number of deserters and increase the level of defense capability, various strategies and approaches are highlighted, in particular, the importance of psychological training and social adaptation of servicemen to overcome stress and improve their relationships is emphasized. Improving the quality of life and working conditions, as well as opportunities for professional growth, help to encourage military personnel to remain in the service. An important role is also played by strict discipline, control and information work regarding the consequences of committing voluntary abandonment of a military unit or place of service.
When studying special criminological measures to prevent involuntary leaving of a military unit or place of service, it is worth noting that the spectrum of measures selected from the criminological catalog is focused on the system of determinants of war crimes in order to reduce their impact or completely eliminate them. The majority of legal scholars consider this criminological tactic to be the most effective in view of its orientation, structure and ultimate goal.
Computer data examination: the essence and procedural order
Authors: Kovalenko A. V. 
Published: December 2023

The article is devoted to clarifying the essence and procedural order of computer data examination in criminal proceedings. This type of examination, as defined by the Law of Ukraine No. 2137-IX dated 15.03.2022, is a novelty of criminal procedure legislation and requires theoretical elaboration. It is noted that the legislative consolidation of the types of examination should be determined by the need to establish specific procedural requirements for their conduct. It is specified that the direct object of such an examination is the audio-visual representation of computer data, which is defined as information contained in the storage device of an electronic computer in a format suitable for processing, transmission and interpretation by computer computing devices.
Within the framework of the article, the examination of computer data is distinguished from the examination of computer equipment (by the object criterion) and from the removal of information from electronic information systems (by the (non)secrecy criterion). The author emphasises that the procedural order of the analysed procedural action is regulated by Articles 104, 105, 223, 237 of the CPC of Ukraine, as well as the requirements for collection and verification of evidence (Chapter 4 of the CPC of Ukraine), the principles of criminal proceedings (Chapter 2 of the CPC of Ukraine) and other general provisions of criminal procedural legislation. The subjects of the computer data examination are the investigator, prosecutor, coroner, detective and operative officer (upon written order).
It is recommended to conduct the investigated procedural action involving a specialist. The computer data examination is defined as a public investigative (detective) action carried out by the prosecution with the use of electronic computing equipment by means of direct perception of audio-visual expression of computer data in order to obtain information about facts relevant to criminal proceedings.
The essence and significance of ensuring the independence of the prosecutor’s office in Ukraine
Authors: Shumilo O. M. 
Published: December 2023

It is emphasised that ensuring the independence of the prosecutor’s office in Ukraine is a necessary step to increase trust in justice, fight corruption and ensure justice in society. This will contribute to building a strong rule-of-law state where every citizen has equal rights and can count on a fair and objective consideration of their cases.
It is established that the independence of the prosecutor’s office is a principle and, at the same time, a state in which the prosecutor's system functions independently of the influence of external factors, including political and economic factors, as well as other persons, ensuring freedom to perform its functions and powers on the basis of the law and the principles of justice. This includes impartiality, objectivity, integrity, absence of corruption and the ability of prosecutors to act in the public interest, ensuring the protection of the rights and freedoms of citizens.
It is determined that the importance of ensuring the independence of the prosecutor's office is due to the following factors: prevention of political influence on the investigation process, which ensures the objectivity and integrity of justice; improves the effectiveness of the fight against corruption and crime; acts as an additional guarantee of protection of the rights and freedoms of citizens, since an important task of the prosecutor's office is to ensure legal equality, combat human rights violations and protect the interests of society as a whole; ensures increased public confidence in justice and the system of law enforcement.
War crimes in the International Criminal and Humanitarian Law and in the Criminal Law of Ukraine: theoretical and practical aspects
Authors: Shcherbak S. V. 
Published: December 2023

The article reveals the criminal law characteristics of war crimes in the International Criminal Law, International Humanitarian Law and under the National Criminal Law. The category of “war crimes” is analysed and its Criminal Law description is made in terms of substantive, international and national components in the context of combining theoretical and applied aspects of war crimes research. A comparative analysis of war crimes in both International Criminal Law and National Criminal Law has been made, with the examples of application of Article 438 of the CC of Ukraine from judicial practice provided, and the legislative regulation of the term “war crimes” in the CC of Ukraine has been proposed, given the trend of clear separation of the category of war crimes which has been observed since the beginning of the armed conflict in Ukraine in the National Criminal Law science and in law application which remains doctrinal.
The range of problematic issues of interpretation and enforcement of Art. 438 of the Criminal Code of Ukraine arising in court practice in the course of implementation of this provision has been outlined, such as the “international legal” blanket nature of the disposition of Art. 438 of the CC of Ukraine, the need for ratification of the Rome Statute and implementation of its provisions into national legislation, low sanctions for war crimes, distinguishing war crimes from other international crimes, as well as war crimes from “general criminal” offences provided for in other articles of the Special Part of the CC of Ukraine. It has been proved that courts in criminal proceedings should establish a contextual element when qualifying violations of the laws and customs of war under Article 438 of the CC of Ukraine as an independent element of war crimes, which makes it possible to distinguish them from "general criminal" offences provided for in other sections of the CC of Ukraine. The low sanction of Part 1 of Art. 438 of the CC of Ukraine has been stated and proposals have been made to strengthen it in order to establish in the Criminal Law a relevant punishment for persons who committed war crimes during the armed conflict in Ukraine, which is a requirement of today.
Quarantine and anti-epidemic measures as an element of Emergency Law in Ukraine
Authors: Levytskyi O. O. 
Published: December 2023

The concept of Emergency Law in Ukraine, its development and role in modern society are considered. The article analyses the legislative and regulatory acts governing the State of Emergency and actions in the context of emergency situations, such as natural disasters, military conflict, pandemics, etc. The key aspects of Emergency Law, such as the powers of state bodies, rights and obligations of citizens during emergency events, are considered. The article also analyses the impact of emergency law on human rights, democracy and the rule of law in Ukraine. It is stated that emergency law is a branch of law which is formed from certain elements of emergency legal regimes and affects the rights and obligations of citizens during emergencies. It covers such areas as Martial Law, State of Emergency, Emergency Situation and State of Emergency Epidemic Threat.
It is specified that Emergency Law is temporary in nature and is applied only in cases of threat to national security, public order and health of the nation. It has been concluded that the main areas of improvement and development of quarantine and anti-epidemic measures in the Emergency Law system should include: improvement of legal regulation; enhancement of coordination and cooperation between public authorities; ensuring respect for citizens' rights; and consideration of the role of technology and innovation in dealing with crisis situations. The development and improvement of quarantine and anti-epidemic measures in the system of Emergency Law is crucial for ensuring the security and resilience of society. Sustained changes in global threats, such as pandemics, require constant analysis, updating and improvement of the legal response mechanism. Effective coordination, proper regulation and protection of citizens' rights are at the forefront of disaster management policy.
Legal aspects of protecting the Ukrainian population against emergencies under martial law
Authors: Lukianykhina O. A. , Petrovska S. A. 
Published: December 2023

It is emphasized that the place of the hostilities consequences (the use of certain types of weapons against the civilian population) in the emergency system is a new problem for the world scientific thought. It is important to understand these consequences, in particular within the context of building a fair and proper legal status at the legislative level for those categories of workers involved in overcoming the consequences of such emergencies, not only employees of the SES and the police, but also of critical infrastructure, transport, healthcare, and trade.
The introduction of martial law on the territory of Ukraine affects the civil defence system in terms of the legal framework and the process of organising disaster protection, which is manifested in the following 1) in addition to the Civil Protection Code of Ukraine No. 5403-VI of 2 October 2012 and departmental by-laws in the field of civil protection of the population from emergencies, an extra legal basis appears in the form of the Decree of the President of Ukraine on the introduction of martial law, the provisions of which may define additional tasks in the field of civil defence; ensure the implementation of functions on protection of the population from emergencies; 2) the structure of public administration is changed, which provides for the establishment of military administrations, which, in cooperation with the military command, ensure coordination of public authorities, in particular those responsible for the protection of the population from emergencies; 3) during the legal regime of martial law, it is allowed to involve citizens of Ukraine in socially useful works carried out to eliminate man-made, natural and military emergencies that occurred during martial law and their consequences
It is noted that the procedure for engaging representatives of the categories specified in the Resolution of the Cabinet of Ministers of Ukraine “On Approval of the Procedure for Engaging Able-bodied Persons in Socially Useful Work under Martial Law” needs to be clarified at the level of individual by-laws and regulations at the level of peculiarities of their collection, notification, management of their activities, disciplinary liability and the system of payment of remuneration in cash or in kind, non-material incentives, their institutionalisation and methodological basis for organising and conducting such work.
Justification of the author’s methodology of emotional intelligence research
Authors: Butenko M. V. 
Published: December 2023

Emotional intelligence is one of the new concepts in psychology, which is constantly being studied by many scientists. The article analyses the concepts of emotional intelligence, emotional competence and its structural components. The article considers various concepts of emotional intelligence of such scientists as P. Salovey, D. Mayer, D. Caruso, G. Gardner, R. Bar-On, S. Marcus, G. Dudchak, M. Mykolaychak. The article also analyses domestic concepts of emotional intelligence. As a result of the analysis of various scientific views on the concept of emotional intelligence and methods of its research, it has been made a decision to develop the author’s own psychodiagnostic test. The author has developed own test methodology for studying the emotional component, since there are no similar test methods in the national psychodiagnostics.
The author's methodology includes five main and two additional scales. The main scales of the methodology include the following properties of emotional intelligence: 1. managing one’s own emotions; 2. managing the emotions of others; 3. understanding one’s own emotions; 4. understanding the emotions of others; 5. empathy. Additional scales of the methodology are the lying scale and the general level of emotional intelligence (calculated by adding the results of the 5 main scales).
Subsequently, various test methods were considered to study emotional intelligence and its components. The following tests were chosen for correlation: Toronto Alexithymia Scale, N. Hall’s Self-Esteem Emotional Intelligence Inventory, and the Profile of Emotional Competence (PEC).
A correlation analysis of the own methodology with existing test methods for the study of emotional intelligence has been carried out to confirm its validity. The study proved the validity and reliability of the developed test methodology. Therefore, the developed test methodology is indeed aimed at studying the general level of emotional intelligence and studying its components such as: managing one's own emotions and the emotions of others, understanding one's own emotions and the emotions of others, empathy.