bluuebunny/crossref_metadata_2025_split huggingface dataset:
Civil substantive and procedural legal means of securing reparations for Ukraine
Authors: Bortnik O. G. 
Published: February 2024

The subject of the study is the forms of reparations for damage and the procedural means of obtaining them within the institutions which constitute transitional justice and which should comply with international standards. The purpose of the article is to determine the directions for institutional changes in the procedure and peculiarities of compensation for damage caused to individuals by the armed aggression of the russian federation, primarily in national courts in the context of legal institutions of transitional justice. To obtain the results of the study, the author used general scientific and special legal methods, in particular, analysis, generalisation, and comparative legal analysis.
The conditions for balanced fulfilment of transitional justice tasks in the context of fair reparations for victims have been investigated. The legal means aimed at obtaining reparations for damage caused as a result of armed aggression have been considered. The author identifies the types and role of legal immunities and amnesties as means of reconciliation, their conditions of implementation and application in relation to the effectiveness and availability of reparations for gross human rights violations and war crimes. The forms of reparations that should be guaranteed to victims for the relevant crimes have been investigated.
The results of the study are a new special approach to determining the relationship between substantive and related procedural legal means of transitional justice that may affect reparations at the national level. The role of amnesties and immunities as legal incentives and means of influencing the effectiveness and accessibility of reparations to victims has been identified and generalised. The provisions on ensuring a balanced ratio of private and public interests in the implementation of transitional justice elements have been further developed. The author identifies areas for a balanced combination of legal means and increasing their effectiveness to ensure the goals of transitional justice.
The results of the study can be used in educational, law-making, law interpretation and law enforcement processes, in particular in civil proceedings in Ukraine. Practical significance lies in the possibility of applying the results in determining procedural ways to protect the rights of victims.
Liability of legal entities under public law under the immunity of the foreign state that created them
Authors: Zhornokui Yu. M. 
Published: February 2024

The article analyses current Ukrainian legislation, international conventions and doctrinal approaches to the issues of liability of public law legal entities under the immunity of the foreign State which created them. It is noted that by their legal nature, immunities as they exist in modern law are legal exceptions established by the State, since they are legal means aimed at regulating public relations. A characteristic feature of legal immunity is that it provides for additional rights or exemptions from obligations only in the area of legal liability.
The emphasis is placed on the fact that the proponents of the theory of limited immunity proceed from the need to divide the actions of a sovereign state into public and private actions and the need to apply different regimes to them. Even if the state continues to refer to absolute immunity, it will not solve the urgent problems, since most states have already abandoned this theory and their courts consider cases accordingly. Thus, the consequence of non-recognition of the decisions of these courts in the field of commercial activity will be the complete exclusion of the state from international relations in the private sphere.
It has been concluded that the possible participation of legal entities under public law within civil legal relations, which is currently being actively discussed, does not have unambiguous support among specialists. This state of affairs is caused by the unresolved issues regarding the procedure for managing such a legal entity, what rights it has with regard to the transferred property, and what is its status and responsibility for its activities. The current approaches to characterising the civil law status of such a person as a subject of legal relations do not have a common denominator. The above facts do not provide an answer to the question of property independence of public law legal entities from the State which created them and the possibility of holding them liable for the debts of such a State. As a result, the above range of problematic issues gives rise to a new issue which is the liability of public law legal entities within the immunity of the foreign state which created them. The lack of a clear definition of the property of a public law legal entity, the influence of the State that created it on the management of such a legal entity and the possibility of holding it liable for the State’s debts in international relations (application of State immunities) necessitates further research in this area.
Civil contract as an institution of civil law
Authors: Kolobylina O. O. 
Published: February 2024

The article argues that civil law is a branch of law which regulates property and personal non-property relations between individuals and/or legal entities based on the principles of equality, free expression of will and protection of rights and legitimate interests of participants to civil legal relations. Civil law includes rules that establish the basis for the creation, modification and termination of civil relations, as well as determine the procedure for the protection of violated civil rights.
It has been stated that a civil contract as an institution of civil law is a voluntary agreement in which the parties to the contract express a single will aimed at establishing, changing or terminating civil rights and obligations and achieving certain civil law consequences in the appropriate form.
The author identifies the following key features of a civil law contract (agreement): like any contract, it is concluded on a voluntary basis, however, its parties are equal and bear mutual responsibility for non-performance and/or improper performance of their obligations; the contract is personalised; stability of the contract (agreement) terms which remain in force until they are changed by agreement of the parties or until the contract expires in accordance with the stipulated terms; flexibility of terms and conditions, since the parties have the right to determine their own terms and conditions of the contract, in particular, price, terms, scope, etc.; the scope of a civil law contract is broad, and may include issues related to the sale and purchase of goods, services, loans, lease of property, etc.; a civil law contract is an important source of civil law.
Notification of the counterparty of unilateral withdrawal from the agreement
Authors: Chalyi Yu. I. 
Published: February 2024

The study focuses on the issue of notification of the initiator of unilateral withdrawal from a contract to its counterparty of such withdrawal. In particular, the problematic issues of determining the form and procedure for such notification and establishing the time when an agreement unilaterally withdrawn by one of its parties will be considered amended or terminated are considered. Current civil law does not provide clear answers to these questions. The necessity of differentiating the legislative rules which will determine the procedure for informing the interested party of the unilateral withdrawal from a contract by the other party, and also establish the moment when the legal consequences caused by unilateral withdrawal from a contract come into force, is pointed out. The criteria for such differentiation are the subject matter and type of contractual relationship, as well as the reasons for withdrawal from the contract, i.e. whether it arose due to a breach of contract by the counterparty or is related to other reasons. When the withdrawal is caused by a breach of contract, the injured party generally does not have to notify the offending party in advance of its intention to unilaterally withdraw from the contract. It is acceptable to give notice after the fact, but with the obligatory immediate notification of the offender or within another reasonable time. In the case of withdrawal for other reasons, the initiator of the withdrawal must usually inform its counterparty in advance. In the latter case, the notice of withdrawal has the form of a warning in the proper sense of the word.
It is noted that, as a general rule, a withdrawal must be made in the same form as the contract that is being withdrawn by one of its parties. In the first case of withdrawal, i.e. when it is caused by an offence, legal consequences may arise with the first acts of defensive action taken by the injured party. There may be situations where legal consequences of this type of waiver arise from the moment the offending party receives the notice. In the second case of withdrawal - "for other reasons" - the legal consequences of the withdrawal will appear not earlier than the moment when the interested party is informed of the unilateral withdrawal from the contract by its counterparty.
It is proposed to amend the rules on withdrawal from transactions, which should contain the most general provisions on the implementation of informed unilateral withdrawal from a contract.
Regulation of local self-government bodies powers in health care
Authors: Batryn O. V. 
Published: February 2024

The article is devoted to the issues of legal regulation of the powers of local self-government bodies in health care. Legislative and subordinate acts governing legal relationships in healthcare are reviewed. The legislation regulating the powers of local self-government bodies is studied. The research of scientists in law and public administration focused on the governance of local healthcare facilities is examined.
The paper provides the characteristics of the specific powers of local self-government bodies in healthcare institution management. It includes the possibilities of creating and reorganizing such institutions, appointing leaders, and providing financial and material-technical support. Local councils have the authority to develop and approve programs for municipal healthcare institutions development. The involvement of local self-government bodies in developing hospital district development plans is clarified. The nature of the participation of local councils in providing benefits to medical workers working in rural areas is established. A list of potential healthcare institutions in Ukraine is provided. The norms of several legislative acts that provide relevant powers are compared.
An article proposes a classification of the powers of local self-government bodies in health care. In particular, all powers should be divided into three groups: planning and forecasting, regulatory, and organizational-supportive. In particular, powers should be divided into three groups: planning and forecasting, regulatory, and organizational-supportive. Proposals are made for amending the current legislation on healthcare and local self-government. It is proposed to enhance the legal regulation of the powers of local self-government bodies by including the full list of powers of local councils and their executive committees in the healthcare field in a separate section of Article 32 of the Law on Local Self-Government.
The National Police in the system of administrative delinquency prevention subjects
Authors: Muzychuk O. M. 
Published: February 2024

The article notes that the introduction of martial law in Ukraine has changed the approach to the organisation of police work, since domestic law enforcement agencies have faced challenges previously unknown to science and practice, in particular, in the area of prevention of administrative delinquency among internally displaced persons, in the de-occupied territories, and in the context of hostilities, which required new algorithms and approaches, as well as consideration of the priorities and principles of activity.
It is emphasised that in order to ensure the widest possible consideration of the fundamental principles, including the rule of law, police activity should be based on a coherent and consistent system of indicators which is relevant to modern socio-political realities. An important indicator of police activity is the effectiveness of work in the area of prevention of administrative delinquency. Measurement and analysis of this indicator are rather complex processes, as they are carried out not only within the framework of police activities, but are also largely related to the functioning of civil society institutions, educative, cultural, scientific and educational institutions and organisations, including international ones, which focus their activities on solving urgent problems that constitute the social basis of administrative delinquency.
It has been noted that prevention of administrative delinquency is a complex category which should be considered through the prism of a system of organically interrelated actors at the level of understanding a wide range of relations between them, including police bodies and units. It has been emphasised that such a system should be based on the principles of equality, broad public participation and be coordinated by collectively formed management centres at the level of the State or a particular area (region, community).
The areas for further development of police activities in the field of prevention of administrative delinquency include a set of organisational and administrative measures related to the need to ensure the rights and freedoms of internally displaced persons, prevention of bullying under martial law, and widespread application of the programme approach both in administrative law and administrative law doctrine.
Violent crime motivated by war-related hate: concepts, signs, development trends
Authors: Sokurenko V. V. 
Published: February 2024

The article substantiates the need to study violent crime motivated by hatred related to the war as a separate criminological category in view of the ongoing armed conflict on the territory of Ukraine, the annexation of part of its territories and open calls by the Russian authorities to destroy the Ukrainian nation, incite hatred to everything that identifies Ukraine as a sovereign independent state.
The analysis of the transformations of violent crime based on hatred related to the war as a socio-legal phenomenon of modern society shows that the social price of its existence in our society is too high.
Attention is focused on the fact that manifestations of violence and aggression in society pose a real threat to the stability of the existence of the entire human civilization, which carries potential threats to the national security of Ukraine, as well as to regional and global security.
A definition of a violent crime motivated by hatred related to the war has been formulated, the content of its main essential features has been identified and disclosed. Trends in the development of this type of crime have been outlined as a basis for forecasting negative impacts on the relevant social processes in the future.
The need to develop a balanced legislative approach to the correct understanding, recognition, detection and subsequent legally competent qualification of criminal offenses on the basis of hatred related to the war as a guarantee of their effective prevention and investigation is summarized.
The need for further research to identify criminogenic phenomena and processes that determine the emergence and modification of violent crime on the basis of hatred related to the war, which is a necessary element of its study, has been proved. After all, this will make it possible to explain the nature of its emergence, the peculiarities of its internal content, options for further modifications, and, ultimately, the development of countermeasures.
Peculiarities of natural honey classification in the course of forensic commodity examination
Authors: Kanivets P. P. 
Published: February 2024

The main identification tasks of the commodity expertise of natural honey are to establish its authenticity, quality and assessment of compliance with the requirements of standards. To achieve these objectives, experts conduct a number of analyses and determinations, including determining the authenticity of honey, determining the botanical and geographical origin of honey, determining the composition and quality, determining compliance with quality standards, and determining the content of impurities and antioxidants. By carrying out these identification tasks, the examination helps ensure quality and safety of honey on the market and protects consumer rights. Defects in honey can occur for a variety of reasons and are usually the result of deficiencies in honey production, storage or transportation.
The scientific article describes the peculiarities of classification of natural honey during forensic commodity examination, reveals the methodological aspects of forensic commodity examination of honey, identifies theoretical and practical problems of commodity research of honey, reveals the commodity characteristics of honey and its defects, instrumental methods of honey examination, in particular gas and liquid chromatography, spectroscopy, solid-phase microextraction, describes the main microbiological methods that can be used in the study of honey, offers a systematisation of information data on the peculiarities of forensic examination of honey with regard to its characteristic defects. The stages of conducting a forensic commodity examination of honey are presented. Recommendations regarding honey quality assessment for expert organizations and consumers are given.
Forensic technology: concepts, objectives and principles
Authors: Kyselov V. M. 
Published: February 2024

It is established that forensic technology is a branch of forensic science which uses a variety of methods, instruments and technical means to collect, examine and interpret physical evidence at a crime scene in order to detect, investigate and document crimes and their perpetrators. Forensic technology is based on scientific principles and technologies and includes many different methods, such as ballistics, fingerprinting, DNA analysis, document examination, photography, video recording, etc.
The article establishes that the key tasks of forensic technology are as follows: collecting, recording and documenting physical evidence at the crime scene; analysing the collected evidence, including photo and video materials, audio recordings, DNA samples, fingerprints, etc.; examining physical evidence to prove its relevance to the crime and connection with the suspect or accused; creating a reconstruction of events to understand the course of the crime and prove the guilt of the suspect or accused; preparing expert reports and testimony for use in court proceedings; supporting investigators and prosecutors in the use of scientific methods and techniques to collect and analyse evidence; conducting research and improving forensic techniques to improve law enforcement and increase the effectiveness of crime investigations.
The key principles that reveal the essence and content of forensic techniques have been identified and characterised. The necessity of their legislative consolidation and expansion of the content has been proven.
The concept and significance of forensic characteristics of the unlawful seizure of enterprise, institution or organisation property
Authors: Stetsenko S. V. 
Published: February 2024

The unlawful seizure of property of an enterprise, institution or organisation is a fairly common criminal offence in the field of business activity. This criminal offence causes economic losses to both business entities and the state as a whole, reduces the level of economic security and, as a result, the level of investment, discredits the work of government agencies, undermines the authority of the state at the international level, etc. In order to overcome and prevent economic risks, it is necessary to develop a methodology for investigating a criminal offence under Article 206-2 of the Criminal Code of Ukraine.
The purpose of the study is to define the concept of “forensic characteristic of unlawful seizure of enterprise, institution or organisation property”, to clarify the role of such forensic characteristic in the methodology of investigation of this criminal offence, and also to establish the sources of information for the purpose of forming a forensic characteristic. To achieve the stated purpose of the study, a thorough analysis of the scientific forensic literature, the results of investigative and judicial practice has been carried out.
In the process of summarising the views of scholars, the article establishes that the main, basic, initial element of the forensic methodology is the forensic characteristic of the criminal offence under study. Based on the results of a comprehensive analysis, it has been established that the forensic characteristic of unlawful seizure of property of an enterprise, institution or organisation should be considered an information model of this criminal offence which consists of a set of generalized information about its interrelated forensically significant features.
With regard to the importance of forming a forensic characteristic, two directions of its use have been distinguished i.e., theoretical and practical.
The article analyses the sources of obtaining the information necessary for forming a forensic characteristic of the unlawful seizure of property of an enterprise, institution or organisation, and as a result of this analysis, two main sources of information are identified: documents and persons.
Subject matter of proof and peculiarities of collecting evidence in the investigation of crimes committed against the law enforcement officers
Authors: Sharova-Aidaieva O. O. 
Published: February 2024

The defence and security sector plays a significant role in ensuring the national security of the state, the vast majority of which are law enforcement agencies. Based on the specifics of the activities of the bodies and units entrusted with the implementation of the law enforcement function, the state guarantees criminal law protection of their life, health, private property, professional authority, and the ability to perform their professional duties without hindrance, etc. Nevertheless, the proportion of recorded crimes involving law enforcement officers remains quite significant, which necessitates the identification of ways to counteract them. An important aspect of conducting an effective and objective pre-trial investigation of this type of crime is to ensure that these crimes are proved, with the main burden of proof being placed on the prosecution. Given that in the theory of national legal science the subject matter of proof and peculiarities of evidence collection in the course of investigation of crimes the victims of which are law enforcement officers have so far remained outside the scope of substantive study by scholars, clarification of certain aspects of this issue has been chosen as the purpose of the study.
The article defines the general subject matter of proof in crimes where law enforcement officers are the victims, and also outlines certain aspects of evidence collection in criminal proceedings of this category. It has been determined that the measures of collecting evidence include: investigative (search) and covert investigative (search) actions, some measures to ensure criminal proceedings, as well as things, documents, information, expert opinions, etc. requested and received by the subject of proof from representatives of public authorities, local self-government bodies, enterprises, institutions and organisations, officials and individuals. It is emphasised that, due to the lack of comprehensive developments on this issue, it requires further in-depth research.