bluuebunny/crossref_metadata_2025_split huggingface dataset:
Interaction of non-governmental human rights organizations with local self-government
Authors: Shcherbanyuk O.V. , Sinkevich O.V. 
Published: November 2023

The article is devoted to consideration of interaction and relations that arise between non-governmental human rights organizations and local self-government bodies. Prerequisites and opportunities are established for local self­government bodies in cooperation with the civil sector. The political influence on the result of the interaction of non-governmental human rights organizations with local self-government bodies was analyzed, the positive and negative consequences of it, as well as the reasons that give rise to such interaction were established. Based on the current situation, namely the revitalization of the decentralization process, the emphasis is placed on the importance and prospects of interaction of non-governmental human rights organizations with local self-government bodies. The experience of decentralization of foreign countries is considered, as well as the essence of the main regulatory acts of the European Union is revealed. Particular attention is paid to the peculiarities of cooperation between non-governmental human rights organizations and local self-government bodies in the reconstruction of Ukraine, as well as control over the use of charitable donations for reconstruction in the regions.
It was concluded that for the successful and effective work of NGOs on the ground, it is extremely necessary for them to cooperate with local self-government bodies, territorial communities, which not only know, but also help solve existing problems. Unfortunately, at the legislative level, the issue of interaction between NGOs and local self-government bodies is still not settled, and due to political pluralism and increased politicization of most problems, the cooperation of these institutions may be ineffective. Nevertheless, the decentralization reform in Ukraine, in our opinion, was successful, and therefore, it remains only to normatively regulate the issue of interaction between NGOs and local self-government bodies in order to achieve the set goals. The experience of leading countries will be useful in this.
Significant transaction criteria: issues of legislative definition
Authors: Hrynyshyn Kh.M. 
Published: November 2023

The article examines the issues of legal regulation of significant transactions of a joint­stock company based on an analysis of the current legislation of Ukraine that regulates the issues of significant transactions of a joint-stock company and the practice of its application. The possibility of distinguishing three basic characteristics of a significant transaction of a joint-stock company is substantiated: 1) it is a transaction carried out by a joint-stock company; 2) it must meet certain criteria established in the Law of Ukraine «On Joint­Stock Companies» and/or the local regulations of such a company; 3) the decision on its conclusion is made by the authorized management body of the joint-stock company. The latter characteristic is also a special condition for the execution of this transaction.
It is established that the value criterion is fundamental for determining the classification of a transaction as significant for a joint-stock company. It is disclosed through the percentage ratio of the market value of the transaction object to the value of the company's assets according to the latest annual financial statements. It is argued that the use of the «market value» category has several advantages. At the same time, it is noted that for certain cases, determining the market value of the transaction object may be impossible. This proves the need to develop an alternative legislative approach for these specific situations.
Based on the analysis of the statutes of joint­stock companies, an additional criterion for classifying transactions as significant, which is often encountered in practice, is determined depending on the nature of such a transaction. The constituent documents establish a list of transactions, most often contracts, which are recognized as significant for a specific company.
The author examined the judicial practice related to significant transactions of a joint-stock company. It is argued that it is advisable to apply heightened requirements for concluding transactions related to the disposal of the company's property only when it concerns alienation of property, and not any other form of disposition of it.
It is proposed to allow joint-stock companies to independently decide on the establishment of additional criteria for significant transactions in their charters, regardless of the method of disposition of the property, which is the subject of such a transaction.
Legal regulation of relations of protection of personal non-property rights of servicemen in various branches of law
Authors: Levytskyi M.O. , Loginova N.M. 
Published: November 2023

Armed aggression by the russian federation, where disputesare resolved withthe help of weapons, committing terrorist acts and other violent actions that cause death, maiming, damage to the health of the civilian population and military personnel, as well as a constant threat to independence and state sovereignty, territorial integrity, is modern realities of Ukraine. In this situation, the National Security Strategy of Ukraine lists defense of independence and state sovereignty, restoration of territorial integrity within the internationally recognized state border of Ukraine, protection of the rights, freedoms, and legitimate interests of Ukrainian citizens as priorities of Ukraine's national interests and ensuring national security. The most important role in solving the tasks of defense and security of the state belongs to military personnel who carry out military service - state service of a special nature.
The efficiency and quality of military personnel activities depend on state guarantees in accordance with their socio-economic, legal, political situation and modern realities. Military personnel are subject to the norms of general legislation, therefore they have general rights, freedoms and obligations as natural persons.
The protection of the civil rights of military personnel involves the application of protective measures defined in legislative acts (civil, criminal, administrative, and disciplinary) or a contract (civil-legal, administrative, material). Civil legal protection of the civil rights of military personnel means the application of protective measures, including measures of civil legal liability, defined only by acts of civil legislation or a civil law contract.
Military personnel acquire the right to civil legal protection in case of violation, non-recognition or dispute of civil law, as well as in cases of abuse of law, danger or threat to their life and health.
Scientific studies of the sociological concept of law in the USA in Ukrainian jurisprudence and their source base
Authors: Vistak I. 
Published: November 2023

The article analyzes scientific studies of the sociological concept of law in the USA in Ukrainian jurisprudence and characterizes their source base. It is shown that historiographical sources unite the scientific directions of such legal sciences as the philosophy of law, the general theory of law and the state, the sociology of law, the history of law and the state, the history of political and legal studies.
It is noted that in the Ukrainian historiography of the sociological concept of law in the USA in the 20th century. the process of determining its place and role in the history of world legal thought by comparing it with other concepts (primarily positivist) continues. It has been established that an important component of Ukrainian historiography is the sociological concept of law in the USA in the 20th century. a research methodology was developed and tested, including knowledge of the sociological approach, historical-conceptual and other research methods. It is emphasized that the Ukrainian historiography of the sociological concept in US jurisprudence of the 20th century. actualizes its research within the framework of the development of integrative legal understanding, socialization and anthropologising of law, as well as the concrete- historical conditions of the development of law in Ukraine, related to globalization and European integration processes. It has been established that the modern stage in the development of the historiography of the sociological concept of law in US jurisprudence of the 20th century. differs from previous ones in the appearance of special scientific studies (primarily dissertations), based on which the source base is expanded (at the expense of new English-language and translated literature), new approaches to the history of ideas in general and legal ideas in particular, the basic principles of conceptual approaches, conceptual apparatus and applied nature. It is summarized that new studies of the history of the sociological concept of law in the USA in the 20th century, including ours, aim to complete a certain stage of the historiographical process on the basis of historicism, that is, to find out the specific historical circumstances and other processes: political, philosophical, social, special views of Ukrainian scientists on when and under what circumstances the sociological concept arose, what are the main stages in its development and what has it become now.
Determining the status of prisoners of war in customary law and legislation of the Muscovite kingdom of the 15th-early 18th centuries
Authors: Havrylenko O.A. 
Published: November 2023

The article is devoted to highlighting the processes of formation of the specifics of the status of captives according to the norms of customary law and legislation of the Muscovy kingdom (Moscow state) during the 15th - early 18th centuries. The relevance of addressing these issues is due to the fact that the customs and views developed at that time, as well as the norms of positive law, still determine the peculiarities of the attitude of Russians towards prisoners, which is largely determined by the specifics of the national mentality and legal tradition.
It is shown that the attitude towards captured foreigners, the legal basis of their status in the Muscovite Empire were laid down in the course of the formation and development of customary law, which was formed long before the period considered in this article. It is emphasized that since in the 15th - at the beginning of the 18th century. before there was a division into combatants and non­combatants, the terms "prisoners" and "captives" meant both captured soldiers of the enemy army and representatives of the civilian population who were deprived of personal freedom and found themselves under the complete power of the enemy. Captives were divided into "state” and "private”, although specific subgroups can be identified within these groups depending on the peculiarities of their legal status.
The status of prisoners in the Muscovite Empire was determined primarily by customary law, although over time, acts of legislation appeared that contained norms aimed at regulating the legal status of prisoners. A vivid example of such legislation is the Senate decree of November 27, 1717 "On the prohibition of baptizing and marrying Swedish prisoners of war.”
It is noted that a valuable source for elucidating the complex of customs regarding the treatment of captives can be considered the works of European diplomats, merchants, and soldiers who had been in the Moscow state for a long time and were well acquainted with local orders. They contain interesting information on ethnopsychology, the history of diplomacy, as well as the history of law. The value of this historical source is enhanced by the fact that the observations, facts and considerations given in it are confirmed by other sources. A conclusion was made about a certain continuity in the national character of the population of modern Russia, customs that, even now, under the conditions of the spread of legal nihilism in Russian society, largely regulate the behavior and activities of citizens of the Russian Federation, in particular, military personnel, mercenaries of private military companies, etc.
Population health as a component of public security: the experience of the European Union and Ukraine
Authors: Kamensky D.V. 
Published: November 2023

The scientific article, taking into account the original concept of public safety, examines the European experience and domestic approaches to public health protection in a comprehensive, risk-oriented and preventive mode. The urgency of the investigated issues is shown not only in national, but also in international dimensions. The EU initiative on health security (2020-2025), which aims to create a regional workforce responsible for the prevention and control of infectious disease challenges and strengthen regional cooperation to overcome cross-border health security threats, has been positively evaluated. It is established that the outbreak of COVID-19 in the world has created new "opportunities" for organized criminal groups, given that law enforcement agencies are actively involved in resolving crisis situations in order to reduce the further spread of viral infection.
From the standpoint of legal comparative analyses, the Ukrainian approach to public health protection within the national public safety program is highlighted. In particular, in Ukraine, the sphere of public security includes relations related to compliance with quarantine rules and the fight against particularly dangerous infectious diseases and epidemics. It was noted that the task of the Ukrainian authorities in the context of countering the spread and consequences of the corona crisis was not only the introduction of administrative and strengthening of criminal liability, but also the introduction at the local level of clear and specific rules of conduct during quarantine and timely and full communication of their content to the population.
It is emphasized that the duty of citizens during large-scale threats to health is to strictly comply with regulations and requirements of competent authorities. It was determined that this directly depends, first of all, on the clear interaction of such state institutions as the bodies of the National Police, the State Emergency Service, the National Guard, local self-government bodies, communal enterprises, health care institutions, transport, human rights organizations, public associations for the protection of law and order among themselves and with the public.
Legal status of the head of the health care institution
Authors: Prystaya M. 
Published: November 2023

The article examines the administrative and legal status of the head of a health care institution. The content of the concept and theoretical provisions of legal status are analyzed, its types are defined.
It was determined that the legal status of the head of a health care facility can be considered a special legal status, which, on the one hand, means that all heads of health care facilities have this status, and not a specific one. And on the other hand, this means that the special legal status is regulated by the norms of various branches of law, and not just one. However, differences in the legal status of managers of state and communal health care institutions and managers of private institutions lead to the conclusion that their legal status is characterized only by individual features.
It has been established that the main special acts that determine the legal status of the head of a health care institution include the Fundamentals of Ukrainian legislation on health care, the Resolution of the CMU on approving the Procedure for concluding a contract with the head of a state, communal health care institution and standard contract forms with the head of the state, communal health care institution, as well as the Directory of the qualification characteristics of employees' professions.
It was concluded that the rights and responsibilities of the head of a state and communal health care institution are characterized by similarity to the powers of an administrative body. The right of managers of such institutions is not exercised in the same way as the right of an individual is exercised, namely, on the basis of freedom of free choice, but on the performance of tasks and functions of the manager. That is, there is less variability in the choice of behavior. With regard to private health care institutions, the absence of a standard contract approved by a government act leads to greater variability in determining both the rights and duties of the manager, as well as the institution's management structure itself.
Regulatory and legal provision of financial security in Ukraine
Authors: Prots I.M. 
Published: November 2023

The article, based on a comprehensive systematic analysis of national legislation in the field of financial security, considers the problems of building a system of legal acts, which are closely related to many topical issues of jurisprudence, first of all, to the creation of a unified legal space of Ukraine and the problem of the effectiveness of legal regulation. A legal act is considered as one that expresses the will of the subject of law and a decision drawn up in the established order, designed to achieve socially positive goals (regulate social relations) and carries certain legal consequences.
All these questions need scientific understanding. The goal is to solve the scientific task of developing a complex of theoretical provisions and practical recommendations regarding the formation of a mechanism for ensuring the financial security of Ukraine.
The article uses methods of analysis and synthesis, formal-logical, financial-economic, com­parative-legal, historical, systemic, analytical, sta­tistical. It was determined that financial security was studied as a dynamic phenomenon, that in a practical sense, security should be understood as a property (state) of finances in which the probability of undesirable changes in some of their qualities is not higher, but not lower than certain limits.
The correlation between various legislative acts is carried out. It was investigated that financial security does not exist for the sake of security as such, but is aimed at ensuring expanded reproduction, achieving economic growth and increasing the welfare of the people, which was reflected in the interpretation of the concept of financial security. The interpretation of the concept of "ensuring financial security” has been clarified, which is proposed to be considered as an activity of the state and society, aimed at the implementation of a national idea, at the protection of national values and interests in the financial sphere, which is implemented through the support of financial stability, which is expressed in the form of a balance of independent links and elements financial system of the state.
Analysis of the legal aspects of civil and criminal liability in contracts
Authors: Madaoui N. 
Published: November 2023

Liability is considered one of the most important topics addressed by legal specialists, and it is one of the old and renewed topics as long as the contract exists and the obligation exists.
In general, civil liability refers to the legal responsibility for one's actions that result in harm to another person or entity. It is a legal obligation wherein the defendant must compensate the damages or follow the court's order with regard to the civil lawsuit . On the other hand, criminal liability refers to the legal responsibility for one's actions that violate criminal law and are punishable by imprisonment, fines, or other penalties .
In the context of contracts, civil liability arises when one party breaches a contract and causes harm to another party. The harmed party can sue the breaching party for damages in a civil court . Criminal liability arises when a party commits fraud or engages in other criminal activities while entering into or performing a contract. In such cases, the breaching party can be prosecuted in a criminal court and may face imprisonment or fines ■
Whether civil or criminal, this is what was discussed in this article, which relied on a group of studies and in accordance with the legal approach applied in studies and research, to arrive at a set of results.
Contract law balances holding parties accountable for their promises, while acknowledging that not all breaches are willful reneges of core obligations. In good faith disputes, remedies aim to make the aggrieved party whole, not punish the breacher. But for deceitful misrepresentations and other unlawful contract activities, harsher civil penalties and criminal sanctions come into play. Contract law weaves together civil liability, criminal fraud deterrence, and equitable remedies to produce a nuanced, multi-faceted system of justice surrounding contractual agreements and disputes.
The article finds that the law balances holding parties responsible for their promises, while recognizing that not all violations amount to a deliberate deviance from basic obligations. In good faith disputes, remedies aim to make the injured party whole, not to punish the wrongdoer. But for deceptive misrepresentations and other illegal contract activities, more severe civil penalties and criminal penalties apply. Contract law combines civil liability, criminal fraud deterrence, and equitable remedies to produce a nuanced and multifaceted system of justice surrounding contractual agreements and disputes.
Peculiarities of the judicial review of administrative cases regarding the granting of special permits for the use of subsoil
Authors: Skochylias-Pavliv O.V. 
Published: November 2023

The article is devoted to the study of the peculiarities of judicial review of administrative cases regarding the granting of special permits for the use of subsoil. It is indicated that in relations related to the use of subsoil, disputes usually arise between individuals or legal entities and the subject of authority regarding the appeal of his decisions (normative legal acts or individual acts), actions or inaction.
It was established that a significant part of administrative cases regarding the granting of special permits for the use of subsoil arose in connection with the fact that there was a change in the normative and legal regulation of the conditions for granting special permits during the period when the plaintiff went through the procedures for obtaining such a permit. In connection with this, different approaches to solving the specified category of cases arose in judicial practice. Some courts believed that the subject of power should be guided by the legislation in force at the time the plaintiff addressed the relevant application to the state authority, and not by the legislation in force at the time of the decision, justifying their position by the fact that all doubts regarding the application of the norms national legislation must be interpreted in favor of the person, not the body. The opposite position of the courts was that the subject of the authority can act solely on the basis and within the limits of the powers defined by the legislation and thus is obliged to be guided by the legislation in force at the time of consideration of the application for the granting of a special permit, and not by the legislation that was in effect on the date of the plaintiff's appeal to the state authority.
It is proved that the practice of consideration of this category of cases is important and useful in view of the fact that it gave grounds for the formation of established judicial practice in the conditions of changes in the legislation on ongoing legal relations. If, during the consideration of a person's application by a subject of authority before making a final decision, the legal regulation was changed, the subject of authority does not have legal opportunities to make a decision taking into account the previous legal regulation, which is invalid. Thus, the subject of power must apply the legislation that was in force at the time of the decision, even if the legal regulation has been changed.