bluuebunny/crossref_metadata_2025_split huggingface dataset:
The state of the judiciary and access to justice during martial law: today's realities
Authors: Kernoz N.Ye. , Prysiazhnyi V.V. 
Published: December 2023

The article analyses the updated statistics and comprehensive laws adopted in Ukraine in 2023 to introduce the activities of the High Council of Justice, the High Qualification Commission of Judges of Ukraine, and the Public Integrity Council, without which it was impossible to continue the procedure for appointing judges to positions in order to form the judiciary with impartial and honest judges.
The ongoing judicial crisis in Ukraine is exacerbated by the insufficient number of judges in the Ukrainian judiciary, which affects access to justice
Since the beginning of the full-scale war in Ukraine on 24 February 2022, 124 premises out of 118 judicial institutions have been damaged, and preliminary estimates suggest that over €47.2 million (UAH 1.88 billion) is needed to restore the operation of courts in these premises.
To restart the selection and qualification assessment of judges within the newly established High Qualification Commission of Judges of Ukraine with the active participation of the Public Integrity Council by amending the legislation to improve the selection of judges by optimising the stages of the competition, reviewing the duration of mandatory training of judges, adopting clear evaluation criteria and scoring methodology; to restart the selection of judges to fill about 2,000 judicial vacancies and qualification assessment of about 1,500 current judges with the meaningful participation of the Public Integrity Council.
The authors identify the negative consequences of the judicial crisis: excessive workload of judges; delays in consideration of court cases; untimely court decisions; and violation of access to justice. In order to solve these problems, it is necessary to accelerate the process of staffing the judiciary with integrity judges. The authors conclude that the development of the judicial system requires sufficient material and technical support.
Constitutional metamorphosis: analysis of amendment procedures to the Basic Law in the context of global transformations
Authors: Medvid A.B. 
Published: December 2023

The article is devoted to the study of constitutional metamorphoses in the context of global transformations, in particular the analysis of the procedures for introducing changes to the basic law in different countries of the world. Modifications in modern geopolitical, economic and socio-cultural conditions caused the need to revise and adapt constitutional norms in order to bring the latter to the requirements of modern challenges and realities.
Thescientific article examinesvarious approaches to the legal mechanism of amending constitutions in countries with various legal traditions and political systems. The author conducts a comparative analysis of such procedures, paying attention to legislative initiatives, the role of parliament, the participation of civil society and other aspects.
It has been shown that the key aspects of the modification of constitutions are the following issues: a) legitimacy of foundations and subjects that initiate the process of constitutional reform and have the authority to make changes to the constitution; b) the content of constitutional changes and the threshold at which amendments to the constitution introduce transformations into its principles and essence; c) characteristics of legal mechanisms and procedures (models) for amending constitutions, which, on the one hand, guarantee the legitimacy of updated constitutions, and on the other hand, serve as a legal barrier against "constitutional extremism”, that is, unfounded and dangerous for the individual, society and states by constitutional transformations.
It is emphasized that in the context of constitutional metamorphoses, the following forms of transformation of constitutions should be distinguished: a) amendments to basic laws; b) introduction of amendments to the constitutions; c) change of constitutions.
It has been established that constitutional metamorphoses in the context of global transformations indicate radical changes and transformations in the constitutional system of various countries or even at the world level, in particular: globalization of constitutional norms; expansion of the catalog of rights and freedoms; changes in the system of the power mechanism; ecological constitutional protection; constitutional innovation; global constitutional standards.
Legal regulation of the international transport sphere in the conditions of European integration
Authors: Panchenko V.V. , Matvieieva A.V. 
Published: December 2023

The article conducts a scientific and practical study of the organizational and legal issues of the integration of the transport system of Ukraine into both European and world transport systems with the aim of forming and further developing a single trans-European transport network.
The international documents of the European Union and the national legislation of Ukraine in the international transport sphere were analyzed in order to identify problematic issues, search for effective organizational and legal mechanisms for their solution and priority forms of cooperation in this sphere.
It was revealed that the main concepts, ways to achieve the goal and even specific actions regarding the creation of a modern transport network are outlined in the strategy of the European Commission "Transport - 2050: road map for the formation of the Single European transport space - on the way to a competitive and resource-efficient transport system” - " White book - 2011”.
One of the main goals of cooperation in accordance with the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their member states, on the other hand, was specified, and its content was formed.
It was emphasized that the situation with European integration in the international transport sphere remains difficult and this is a negative phenomenon and a joint responsibility of the Government and the Parliament regarding the obligations of Ukraine's implementation of mandatory and directly related regulations and directives of the European Union.
The necessary steps for the implementation of the organizational and legal mechanism of European integration processes regarding the liberalization of international transportation and the development of the international transport sphere with the European Union and its member states are proposed, which can be the conclusion of bilateral agreements between Ukraine and the European Union on the simplification of the permit system between Ukraine and the member states of the European Union. of the Union for transit transportation by transport, making appropriate changes to already existing bilateral agreements regarding the conditions of transit transportation of goods between Ukraine and the member states of the European Union, in general, resolving issues regarding the obligations of implementing the Association Agreement between Ukraine, on the one hand, and the European Union , the European Atomic Energy Community and their member states, on the other hand, in the field of infrastructure, acceleration of the stages of reform in Ukraine within the framework of the implementation of the Association Agreement, in particular, the approval by the parliament of European integration bills in the field of transport infrastructure.
The ownership right to housing acquired by one of the spouses during marriage due to privatization
Authors: Yurkevych Yu.M. , Zabzaliuk D.Ye. 
Published: December 2023

In Art. 47 of the Constitution of Ukraine, everyone is guaranteed the right to housing. The current legislation of Ukraine is generally aimed at assisting citizens in realizing their right to housing. For example, in Art. 4 of the Law of Ukraine "On preventing the impact of the global financial crisis on the development of the construction industry and housing construction” dated 12.25.2008 the features and mechanisms for providing individuals with affordable housing were introduced. At the same time, it is worth noting that a large part of the housing stock became the property of citizens in connection with privatization. Similarly, the national law also provides for the possibility of privatization of land plots. Despite this, family law, in terms of determining the legal regime of ownership of such objects, has undergone changes and in different periods of time provided for the presumption of joint compatible or personal private property of the spouses. Therefore, taking into account that, when considering disputes regarding the division of marital property, the determination of the regime of ownership is carried out on the basis of the legislation that was in effect at the time of acquisition of such ownership, the study of the problems of legal regulation of ownership of privatized housing during the period of marriage still remains relevant.
Privatization of the state housing stock is the expropriation of apartments (houses), residential premises in dormitories intended for families and single persons, rooms in apartments and single­apartment houses where two or more tenants live, and the economic buildings and premises belonging to them (basements, barns, etc.) of the state housing fund for the benefit of citizens of Ukraine. Based on the analysis of the legislation of Ukraine, it is possible to conditionally distinguish three periods in the regulation of the legal regime of ownership of "privatized” property: 1) until February 8, 2011; 2) since February 8, 2011 - till June 12, 2012; 3) since 13.06.2012 - until now.
Administrative and economic sanctions under French commercial law
Authors: Voinarivskyi M. 
Published: December 2023

The publication examines the provisions on administrative and economic sanctions of the French Commercial Code and other acts of French legislation. It was concluded that the French experience of regulation of commercial relations is based on complex solutions involving a combination of private-law and public-law regulation.
It is substantiated that during the last century the commercial legislation of France was saturated with public legal provisions. The new French Commercial Code of 2000 incorporated a significant number of provisions that are public law, including administrative and criminal sanctions.
The presence of provisions in the French Commercial legislation, which by nature of administrative influence on business entities can be recognized as administrative and economic sanctions, is established in many spheres of relations. These sanctions include typical penalties imposed on economic entities for antitrust violations, violations of reporting and other rules of conducting commercial activities, as well as other numerous sanctions of an organizational nature. It is substantiated that the disciplinary responsibility of certain professions in commerce defined in the FCC can be qualified as a type of administrative and economic sanctions relevant to the Ukrainian legal sense.
Taking into account the experience of French commercial law, it was concluded that the ideas of reducing the discretion of state bodies when applying sanctions to business to eliminate the risks of corruption and abuse are not confirmed in modern European legislation. It is obvious that this follows from the quite reasonable assumption that the fight against corruption should affect the specific offender, and not destroy the effectiveness of the state's response to offenses, including in the business sphere.
Several trends in the legislative regulation of administrative and economic sanctions in France have been identified, including attempts to solve the problems of the ratio of administrative sanctions and criminal penalties on legal entities, the expansion of judges' approaches to the assessment of administrative sanctions imposed on merchants from the point of view of compliance with procedural provisions and respect for human rights.
It was concluded that the introduction of criminal liability of legal entities into national law cannot take place without an analysis of the problems caused by relevant institutions in foreign countries, in particular in France.
Evolving Jurisprudence of Environmental Law: A Doctrinal Analysis
Authors: Madaoui N. 
Published: December 2023

This paper provides a comprehensive doctrinal analysis of the evolving landscape of environmental law, encompassing both international and national perspectives. The analysis delves into key doctrinal themes, including the precautionary principle; the polluter pays principle, and sustainable development, examining their application and interpretation in the context of contemporary environmental challenges. Drawing on a wide range of case-law, this study explores landmark environmental cases that have significantly shaped the trajectory of environmental jurisprudence. Through a comparative examination of various national approaches to environmental regulation, the paper highlights the diverse strategies adopted to address environmental issues and the challenges encountered in their implementation. Furthermore, the paper outlines the critical role played by international legal instruments in shaping national environmental laws, emphasizing the need for cohesive global efforts to combat pressing environmental concerns. The conclusion offers insights into the contemporary challenges faced by environmental law, proposing potential legal reforms and recommendations for a sustainable and effective environmental regulatory framework. This doctrinal analysis aims to contribute to the ongoing discourse on environmental law, fostering a deeper understanding of the legal mechanisms essential for preserving our planet's ecological balance and ensuring a sustainable future for generations to come.
Thus, in the final development recognized so far, that is understanding environmental law based on ecocentric perspective where we recognize the value of every natural component, does not actually evade the idea that human beings shall pursue their interests to safeguard their present and future generations. The thesis therefore ought to analyse the different instruments which were born out of different environmental ethical considerations at different points of time. The methodology of understanding the environmental law rationales in the light of ethics is termed as —deep level enquiry. In the present context, the environmental law involves one or more than one ethical perspective. These perspectives may be anthropocentric or non- anthropocentric. When we term, environmental law to be anthropocentric, we generally link it up with human rights morals. Human rights which are understood to be inalienable to every human being has got its recognition after several years of struggle.
The need to take into account the international experience of legal regulation in the field of protection of information about children
Authors: Bochkova I.I. , Vrublevska-Misiuna K.M. , Tychyna V.P. 
Published: December 2023

The article examines the relevance of personal data protection, in particular of children, in the context of the rapid development of the Internet and the information sphere. The author analyzes the principles and peculiarities of legal regulation of children's personal data protection as defined by the UN Convention and the Law of Ukraine "On Protection of Childhood".
The author assesses the impact of the Data Protection Regulation on Ukrainian legislation and the need for harmonization with European standards for the full protection of children's personal data. Comparison of the provisions of the Regulation with the national legislation reveals significant differences, in particular, the absence of separate regulation of children's personal data and the principles of processing such data. The author expresses a position on the need to harmonize Ukrainian legislation with European standards as an important component of effective personal data protection. The author also analyzes the provisions of the Draft Law No. 8153 "On Personal Data Protection" and concludes that the Draft Law is aimed at establishing compliance with European standards, expanding the principles of data processing and establishing new consent requirements. Important changes relate to terminology, processing rules, protection of children's data, financial responsibility and other aspects, however, the issue of protection of children's personal data as a separate category has not been given due attention.
The author concludes that today the issue of personal data protection, in particular of children, is regulated by numerous international and national legal acts. At the same time, it is noted that the EU Regulation provides for special protection of children's rights, which is different from the Law of Ukraine "On Personal Data Protection", and Draft Law No. 8153 leaves aside the issue of protection of personal data of a child specifically. As a result, it is noted that in order to reduce risks, it is necessary to take into account the principles of the Regulation in national legislation, in particular transparency and limitation of settings. It is also important to raise the legal culture of citizens in the field of personal data protection, contributing to the improvement of the regulatory environment.
Administrative and legal regulation of surrogate maternity in Ukraine
Authors: Kravchenko І.О. , Shandyba D.V. 
Published: December 2023

The article is devoted to the study of key aspects related to the legal regulation of the institution of surrogacy, and this study covers both the domestic legislation of Ukraine and the laws of foreign countries.
The article includes an analysis of the legal regulation of surrogate motherhood in various countries of the world, in particular, the United States of America, Israel, Australia and others. The special focus of the study includes the analysis of the legislation of these countries and their approaches to the regulation of surrogacy.
In addition, the article examines the norms, requirements and criteria that exist in the current Ukrainian legislation regarding gestational surrogacy. Based on the analysis of this legislation, conclusions are put forward, which indicate the need for further improvement of the legal regulation of surrogate motherhood in Ukraine. In particular, the article expresses the idea of a possible creation of a separate law aimed at regulating procedural aspects and relationships in this field of medicine.
This article is a valuable source of information and analysis for anyone interested in the current state of legal regulation of surrogacy, both in Ukraine and elsewhere
In addition, the article points to the importance of the urgent need for further improvement of Ukrainian legislation on surrogacy. The proposed creation of a separate law aimed at regulating procedural aspects and relations in the field of surrogacy can contribute to a more qualitative and systematic approach to this issue in Ukraine.
The general conclusion from this article is that the legal regulation of surrogate motherhood is an urgent and complex problem, and the further development of this field of medicine requires a well-founded, consistent and objective approach on the part of legislators and other participants in the process.
Personal data: doctrinal interpretation of the category in the sciences of administrative and information law
Authors: Liutikov P.S. 
Published: December 2023

In the article, on the basis of a review of scientific and regulatory sources, an attempt is made to carry out a generalized analysis of doctrinal approaches to the definition of the content of the «personal data» category, to reveal tendencies and emphasis in solving the corresponding scientific task. It is noted that with the rapid development of methods, processes and methods of using computing equipment and communication systems for the creation, collection, transmission, search, processing and distribution of information, the integration of artificial intelligence in all spheres of social life, including technological processes of collection , processing and protection of personal data, the need to review the theoretical foundations of the legal institution of personal data, updating doctrinal approaches to understanding and interpreting the categorical series in this area is becoming more urgent. It is emphasized separately that the features of the legal regime of martial law definitely leave their mark on the personal data protection mechanisms.
As a result of a generalized review of doctrinal approaches to defining the content of the «personal data» category, the author recognized the presence of a clear tendency in recognizing the need to detail the legal definition of personal data, as well as making changes to special legislation in this area. As a rule, researchers consider personal data as a special type of information, an object of administrative and/or informational legal relations, an object of protection, etc. In scientific research in the area of the raised issue, emphasis is placed on the importance of developing classification models of personal data with a number of various criteria in order to determine as deeply and systematically as possible all the components of the specified category. In some studies, the thesis about the correctness of the correlation of personal data with other related concepts and categories is emphasized, which has a significant impact not only on the results of scientific research, but also on law enforcement practice in this area.
Fusion centers as an important component of the Intelligence-led Policing (ILP) model
Authors: Svyridyuk N.P. , Kardashevskyy Yu.R. 
Published: December 2023

The article focuses on the current issues of law enforcement reform based on the introduction of a new model of Intelligence-Led Policing (ILP). The essence of this model is briefly presented and important emphasis is placed on its successful implementation.
The key subject of the study is the activities of fusion centers, which occupy an important place in the American law enforcement system precisely as the relevant content and an essential component of the implementation of the ILP philosophy. It is noted that fusion centers were created to serve as a single point of contact for obtaining information on crime, terrorism and information related to crime, terrorism and threats, for its analysis and dissemination in order to improve situational and operational awareness. Attention is focused on the processes of obtaining and exchanging intelligence analytical data between end users and fusion centers.
It is emphasized that current research on a number of fusion center characteristics, including information sharing, relationships, and analytical functions, has contributed to the academic understanding of these new organizations, and has contextualized these functions as a component of local ILP efforts. The literature on intelligence- driven policing and law enforcement fusion centers argues that intelligence-driven policing can be improved by improving the dissemination of intelligence products from fusion centers. However, it is important to analyze the extent to which studies characterize the relationship between law enforcement agencies and fusion centers, how these analytical products are perceived and how useful they are to law enforcement agencies, and whether analytical products are further shared within law enforcement agencies.