bluuebunny/crossref_metadata_2025_split huggingface dataset:
Principles of legal policy in the field of domestic violence
Authors: Andrusiak I.P. 
Published: December 2023

The article analyzes the essence of the principles of legal policy in the field of prevention and countermeasures against domestic violence and distinguishes their groups.
It is posited that the principles of legal policy in the field of domestic violence are the main normative principles and strategies that determine approaches to the creation, implementation and improvement of legal and political instruments for the prevention and counteraction of violence that occurs in the family, family environment, within the limits of the place of residence or between other persons living together as a family.
It is indicated that the study of the principles of legal policy allows for the development of effective strategies for preventing and countering this phenomenon, in particular, the development of basic principles and norms that should be the basis of legal regulation in the field of domestic violence, the rights and obligations of all parties, a system for detecting illegal phenomena, and as well as victim protection mechanisms. General and special groups of principles are distinguished.
The general principles reflect the universal policy of countering manifestations of any violence or aggression against persons in a democratic state, in particular the rule of law; the principle of inevitability of punishment; the principle of prevention and prevention of violence; the principle of effective response of law enforcement agencies.
Special principles include the following: the principle of zero tolerance for domestic violence, which consists in the inadmissibility of any form of violence, ensures the categorical non­admission of any manifestations of aggression, physical, psychological or economic pressure on family m.embers and persons equated to them; the principle of forming a gender-equal society, since the victims of violence are usually women and girls; the principle of systemic interaction of special bodies and institutions; the principle of involving civil society in preventing and countering domestic violence, in particular in the form of public condemnation; the principle of recognizing the social danger of domestic violence; the principle of a balanced approach in protecting the privacy and security of the family space; the principle of cultural sensitivity
Formation and development of the idea of freedom as a principle of law
Authors: Gerich A.Yo. , Gerich A.V. 
Published: December 2023

It is indicated that the extraordinary importance of the researched issue is also confirmed by the content of 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, which enshrines the importance of joint management of freedom of movement (migration flows) between territories and a comprehensive dialogue on all issues in the field of migration, in particular illegal migration, legal migration, illegal transportation of persons across the state border and human trafficking, as well as the inclusion of problematic issues in the field of migration in the national strategies of economic and social development of the regions where migrants come from. The special importance of the problems of freedom of movement within the framework of migration control is also reflected in national legislation by the fact that, in accordance with the provisions of the Constitution of Ukraine, the principles of regulation of demographic and migration processes, as well as the procedure for the formation and functioning of free and other special zones with economic or a migration regime different from the general one.
The authors note that the formation and development of the ideas of freedom as a principle of law is a constant process that reflects the challenges of different eras. The modern world requires not only the maintenance of these ideas, but also their active improvement in accordance with the new realities and progress of society. Ensuring freedom remains the main task for human rights defenders, legislators and citizens. Paying attention to new challenges, such as global problems, technological progress, socio-cultural transformations, allows improving existing concepts of freedom and adapting them to new conditions.
Joint efforts, effective international cooperation and mutual respect for human rights are key elements for the development of ideas of freedom. The global community should actively work on creating inclusive and effective human rights protection mechanisms at all levels.
In the light of the new challenges facing humanity, the preservation and development of the ideas of freedom become not only the task of legislators, but also a matter of public consciousness and the active participation of every member of society. Only a joint effort and a constant willingness to improve our understanding of freedom can ensure the permanence of this important principle of law in the present and future world.
On the Specifics of the Constitutional and Legal Status of Judges of the Constitutional Court of Ukraine
Authors: Bysaga Yu.M. , Berch V.V. 
Published: December 2023

Judges of the Constitutional Court of Ukraine possess a distinct status that combines elements of functional purpose within an independent body of constitutional jurisdiction and an individual entity of judicial authority.
Emphasized is the constitutional and legal status of judges of the Constitutional Court of Ukraine, which can be viewed from two different perspectives. Broadly speaking, it is a significant constitutional and legal institution encompassing various aspects: societal, professional (in terms of material and legal status), procedural, and administrative (linked to the governance of courts). On the other hand, a narrow approach to the constitutional and legal status of judges of the Constitutional Court defines it as a system of judges' powers and duties prescribed by the Constitution and laws of Ukraine.
It is noted that the procedure for the oath-taking by judges of the Constitutional Court of Ukraine differs from that of judges in general courts, highlighting their specificity: the oath signifies their solemn commitment to Ukraine, indicating the fulfillment of their constitutional functions within the state, rather than merely judicial activities in a general sense.
In summary, the constitutional and legal status of judges of the Constitutional Court of Ukraine constitutes a system of legislatively defined norms and rules that regulate their role in society and the process of exercising constitutional justice. On the other hand, this legal position officially acknowledges and legitimizes their role as judges of the Constitutional Court, encompassing all aspects related to the execution of constitutional control functions. The legislatively defined legal status of judges of the Constitutional Court determines their powers, duties, and rights concerning the exercise of constitutional jurisdiction, regulating the procedures by which judges of the Constitutional Court make decisions, provide official interpretations of the Constitution of Ukraine, and perform other functions prescribed by the Constitution and legislation. The established norms set standards of activity ensuring their objectivity, independence, and high professional responsibility in exercising constitutional jurisdiction. Within this normative system, the constitutional and legal status of judges of the Constitutional Court is fundamental to ensuring legal stability, protecting constitutional values, and upholding the fundamental principles of the rule of law in Ukraine.
Generalization of the grounds of unconstitutionality in the decisions of the body of constitutional jurisdiction: aspects of the constitutional complaint
Authors: Zharovska I.M. 
Published: December 2023

The article summarizes the reasons for unconstitutionality in the decisions of the Constitutional Court of Ukraine, including by analyzing the institution of a constitutional complaint.
It is motivated that the doctrine of consti­tutionality represents the idea of supremacy of the constitution over any other normative acts, excludes the possibility of adopting or applying norms that correspond to the Constitution. This principle is an advantage for ensuring the rule of law, observing legality and guaranteeing the rights and freedoms of citizens, and also serves as a mechanism for controlling the actions of the authorities and ensuring the stability and reliability of the legal system.
The essence of the principle of constitutionality is represented by the fact that all laws, regulations and actions of authorities must comply with the norms and principles enshrined in the country's constitution, since the latter is the main and important legal act that establishes the framework and principles of the functioning of the state, limiting the actions of the authorities and guaranteeing rights and freedoms of citizens.
Unconstitutionality is interpreted as a state of non-compliance with provisions, principles or norms established in the country's constitution. The important legal essence of recognizing such a phenomenon as unconstitutional is that such acts may be annulled, lose their validity, or require changes to comply with constitutional norms. It is indicated that the concept of unconstitutionality is important for ensuring compliance and protection of the principles and norms enshrined in the constitution and guarantees the hierarchical status of the legal system in a democratic state.
The grounds used by the Constitutional Court of Ukraine to recognize the unconstitutionality of some provisions of normative legal acts in cases of constitutional complaints are summarized: unjustified deprivation (restriction) of a certain constitutional right; violation of the principle of the rule of law, especially in the context of the lack of legal certainty in the norms of the law.
It is indicated that the principle of the rule of law imposes obligations on the law-making body to establish clear, understandable, unambiguous and provide for legal regulation of social relations, which is key in ensuring the stable legal position of each person and in order to avoid renouncing the obligations assumed by the state.
Features of the application of the constitutional term-concept "court" to the body of constitutional jurisdiction of Ukraine
Authors: Medvid A.B. , Medvid Y.O. 
Published: December 2023

Article examines the legal meaning of the term­concept "Court" as used in the provisions of the Constitution of Ukraine and special legislative acts and analyzes the peculiarities of its application to the Constitutional Court of Ukraine as the domestic body of constitutional jurisdiction. In this context, previous editions and current provisions of the Constitution of Ukraine, relevant decisions of the Constitutional Court of Ukraine regarding the official interpretation of the specified constitutional norms, as well as provisions of special legislative acts of Ukraine are analyzed in detail.
Based on the conducted research, it is concluded that a special term-concept "court” was formed in the constitutional and legal doctrine of Ukraine. It means a state body of judicial power, which is formed, reorganized and liquidated by law, is part of the unified system of the judicial system of Ukraine and administers justice on the principles of the rule of law and on the basis of the Constitution and laws of Ukraine, in accordance with judicial procedures defined by law, ensuring protection guaranteed by the Constitution and laws of the rights and freedoms of a person and a citizen of Ukraine, the rights and legitimate interests of legal entities, the interests of society and the state.
At the same time, the mandatory legal features of the concept of "court” in aggregate are: 1) the presence of the status of a body of state judicial power; 2) formation, reorganization and liquidation, exclusively according to the special legislative procedure established by paragraph 2 of Article 125 of the Constitution of Ukraine; 3) belonging to the unified judicial system of Ukraine, defined by the Constitution of Ukraine and the laws of Ukraine; 4) having the authority to administer justice, in accordance with the Constitution of Ukraine and the laws of Ukraine.
Therefore, it is worth asserting that the domestic constitutional-doctrinal special term-concept "court” can only conditionally (as an exception) be applied to the Constitutional Court of Ukraine, as the only domestic body of constitutional jurisdiction, which, according to the current norms of the Constitution of Ukraine, does not belong to a unified system the judicial system of the state and does not administer justice, but is fundamentally endowed with other special powers in order to ensure the supremacy of the Constitution of Ukraine.
Features of the imple¬mentation of the principle of the rule of law in the context of the contemporary challenges of democracy in the conditions of war in Ukraine
Authors: Pyvovar M. , Kira S. 
Published: December 2023

The article is devoted to the study of the peculiarities of the implementation of the principle of "rule of law” in the context of challenges of democracy under the conditions of martial law in Ukraine. The main force majeure decisions of state authorities are outlined within quantitative and chronological limits in the context of ensuring the coherence and continuity of the fulfillment assumed by them obligations, and with unconditional observance of the principle of the rule of law. The efforts of the native legislator to provide a formal definition of the definition of «rule of law» in comparison with its international counterpart, which is enshrined in the soft law documents of the Venice Commission, are separately analyzed.
The authors found out that despite the impressive percentage of implementation of the government's Plan of measures to implement the Association Agreement, in Ukraine, under the conditions of martial law, constitutional rights and human freedoms are temporarily restricted, including: the right to inviolability of housing, to freedom of movement, to freedom of thought and speech, to free expression of one's views and beliefs, rights and legitimate interests of legal entities, etc. At the same time, despite the real existence of the listed restrictions, the latter in no way refer to the limitation of absolute (natural) human rights and freedoms. In the conclusions to the article, it is justified and confirmed that the principle of the rule of law continues to apply even to those rights and freedoms that are limited.
In order to obtain reliable scientific results and introduce new information to the theory fund, this study used a set of scientific principles and approaches based on general scientific, worldview and special legal methods of cognition, in particular, it refers to such methods as: systemic, hermeneutic, historical - legal, functional and comparative. The empirical basis of the research was made up of national and international legal acts.
The principle of the rule of law
Authors: Demchenko Y.O. 
Published: December 2023

This publication attempts to explore the rule of law as one of the fundamental principles of a state that proclaims itself to be a state governed by the rule of law. The author defines such concepts as "rule of law”, "rule of law”, "democracy", "state power”, "legality". Attention is paid to the basic concepts (procedural (formal) and substantive (substantive)) of understanding the phenomenon of "rule of law” and to the distinction of this principle among other social and legal regulators which affect the organization of state power within the legal framework. The author highlights the principles and basic elements (clarity, stability, judicial control, etc.), characteristic properties of the rule of law (the way of "building” state power on a legal basis; manifestation of natural law, etc.)
The author presents a theoretical consideration of this principle in the field of organization of state power in society in broad ("rule of law over the state”) and narrow ("rule of law over the law”) aspects. The role and place of the rule of law as a legal value and the correlation of the Basic Law with the rule of law principle are clarified. In our country, this principle is proclaimed and operates as the basis of the constitutional order. The state should create reliable and favorable conditions for the implementation of the rule of law in all social relations, enshrine guarantees of its enforcement and a mechanism of legal protection in case of violation of this principle at the legislative level, as these are its priorities, since in a state governed by the rule of law, a person, his or her life, health, honor, dignity, rights and security are the highest values. Ensuring the protection of all these values should be the main goal of legal science and practice.
This paper also formulates conclusions that summarize the rule of law as a fundamental principle of the rule of law, its main features and components, and its importance and role for Ukraine as a country governed by the rule of law.
The historical aspects of the foundation and functioning of the agricultural cooperation in Ukraine
Authors: Sviatoshniuk A.L. 
Published: December 2023

The article is devoted to the study of the foundation and functioning of the agricultural cooperation. The aim of the article is to analyze the historical development of the agricultural cooperation on the territory of Ukraine from ancient times to the present.
The article reveals the main stages of the development of the agricultural cooperation, at each of which the peculiarities of its functioning are investigated.
For the first time the concept of cooperation was implemented by the «Rochdale pioneers» in October 1844, while in Ukraine the starting point for the beginning of the cooperation activity is 1866, the year of approval of the Kharkiv Consumer Society charter, that testifies to the long history of the cooperation on the territory of Ukraine and the presence of significant experience of the national cooperative movement. In order to resume the development of agricultural cooperation on July 21, 2020, was adopted a new edition of the Law of Ukraine «On Agricultural Cooperation», which developers of the legal act consider to be the «Constitution» of agricultural cooperation.
In the course of the research, it was found that to date, in the modern science of agrarian law, insufficient attention is paid to the study of the historical aspects of the foundation and functioning of the agricultural cooperation, despite the fact that agricultural cooperation has a special social and economic significance for our state, and is an integral part of the national agrarian policy, which determines the relevance of the chosen research topic.
The author concluded that the study of the historical experience of the foundation and functioning of the agricultural cooperation will contribute to the determination of the main guidelines for the modernization of the state agricultural policy at the current stage, the prevention of the repeated adoption of erroneous decisions, the elimination of factors that restrain the development of agricultural cooperation, and the provision of favorable conditions for the effective functioning of cooperative movement.
The article is based on methods of synthesis and analysis, historical, formal and logical, as well as other general scientific and special research methods.
Conditions for the effectiveness of the mechanism of goal-setting norms of administrative law: concepts and varieties
Authors: Kantor N. 
Published: December 2023

Based on the analysis of various approaches, the conditions of effectiveness of the mechanism of goal-setting norms of administrative law are outlined: concepts and varieties, and the author's point of view is expressed on some fundamental aspects of the problem.
It is noted that the conditions for the effectiveness of the goal-setting mechanism of administrative law norms in comparison with the effectiveness of the legal regulation mechanism, the effectiveness of administrative law norms or their implementation have their own specifics, but in general, the same theoretical models are the basis of their delineation. As the author notes, the conditions for the effectiveness of the goal-setting mechanism of administrative law are circumstances and/or features of reality of a general and special nature that ensure the effectiveness of the goal­setting process of administrative law. Secondly, it is advisable to divide the specified conditions into general and special ones.
Among the general conditions for the effectiveness of the mechanism of goal-setting norms of administrative law, in particular, the following are outlined: compliance of the specified mechanism with general laws and principles of self-organization of society and other systemic phenomena; correlation of the goal-setting mechanism of administrative law norms with the needs of social development; compliance of the goal-setting mechanism with the specific historical conditions of the functioning of administrative law; compliance of the goal-setting mechanism with the real needs and interests of those subjects, the relations between which are regulated by the norms of administrative law, etc.
Among the special factors of effectiveness of the mechanism of goal-setting of norms of administrative law, the following can be mentioned: the objective determination of the activity of the law-making subject during the determination of the goal and the assignment of norms of administrative law or their groups; features of administrative law­making as a result of the creative process; the level of legal awareness of subjects of relevant administrative legal relations; conformity of the goal-setting mechanism of administrative law norms to the theoretical and practical results of scientific research (social, precise, natural, technical, etc.), the objects of which are simultaneously objects of administrative legal relations, etc.