bluuebunny/crossref_metadata_2025_split huggingface dataset:
Regimes of dispositivity in the legal regulation of contractual relations
Authors: Chalyі Yu. I. 
Published: September 2023

It has been concluded that there is a need for further differentiation of the dispositivity regimes in the regulation of contractual relations. The contractual relationship "entrepreneur - entrepreneur" requires the highest possible degree of discretionary provisions of the legislation governing these relations, but the freedom of contract in such relations may be limited based on the need to maintain public order, public morality, restrain monopoly, protect third parties from negative externalities arising from certain types of economic activity.
In the legal regulation of contractual relations between entrepreneurs and consumers, discretion should be applied to a relatively minimal extent. In this regard, the legislator imperatively determines the terms of contracts on which the parties must reach an agreement; regulates sample (exemplary, typical) contracts; imposes pre-contractual obligations on entrepreneurs to fully inform consumers about the properties of products offered for sale; establishes general prohibitions on unfair contractual terms; provides consumers with certain guarantees regarding the conclusion, amendment and termination of contracts, etc.
The regime of regulation of contractual relations involving individuals who are non-entrepreneurs occupies a middle position between the two above legal regimes and provides for: establishment of a relatively smaller number of legal forms of contracts that may be concluded by citizens; determination of conditions mandatory for the conclusion of contracts in the legislation; consolidation of a general prohibition on unfair contractual terms; establishment of a wider list of contracts subject to notarisation; introduction of judicial control over compliance by the parties with the requirements of the law regarding the validity of contracts, etc. Such a differentiated approach allows establishing the most equitable regime for regulating contractual relations.
The boundaries of these legal regimes are difficult to fix in legislation in a certain stable state, and must be constantly adjusted by law enforcement practice.
Problems of legal regulation of start-ups in Ukraine
Authors: Lysenko I. V. , Lysenko А. M. , Perevalova L. V. 
Published: September 2023

The article is devoted to the study of the theoretical and legal nature of start-ups, their features, and the legal algorithm of their creation, operation, and termination of activities, with due regard to the existing legislative provisions and doctrinal developments.
The rapid technological progress in the world drives the development of economic systems, and the fierce competition between them determines the innovative direction of our country's development. However, despite the fact that over the past two decades new forms of business activity, including start-ups, have been actively used and successfully implemented in Ukraine, there have been almost no changes in the legislative field in this area. This state of affairs should make it necessary to amend existing legislative acts and adopt new ones, develop and consolidate new legal terms and concepts, which would facilitate legislative regulation of all innovation processes. To this end, the author proposes to adopt a special Law of Ukraine “On the Activities of Startups” and to enshrine the definition of “startup” therein. The term “start-up” is defined as a business entity registered in accordance with the procedure established by law that offers a competitive innovative service or product, a newly developed or improved technology that will improve a certain area of human activity, but has limited resources. There is also a justified need to make the list of types of intellectual property open. This will help to protect and defend the innovative achievements and developments of start-up founders.
A list of features inherent in a start-up has been proposed: focus on the development of an innovative product or service; relatively short period of existence with subsequent transformation, sale or termination of existence; scientific potential of the start-up founders; registration of a start-up in the legal form of an individual entrepreneur or a legal entity. The organisational and legal forms of entrepreneurial activity have been analysed and it has been concluded which forms are the most convenient and favourable for registration of start-ups.
Forms of interaction of units of the National Police units with the public under martial law
Authors: Muzychuk O. M. , Komziuk A. T. , Naida V. O. 
Published: September 2023

The team of authors has emphasised that the issue of forms of interaction between the police and the public under martial law is becoming one of the basic ones, the study of which is of a strategic nature, as it is related to the establishment of stable mutual relations between the police and the public at the organisational, managerial and ideological levels, which in the future can contribute to mutual coverage and complementation of problematic aspects of the activities of both police units and the public. In the course of the research, the authors’ understanding of the public under martial law has been formed, taking into account the international and virtual dimensions of its functioning, as well as the main features of its activity have been highlighted. An attempt has also been made to outline the features of police activity under martial law, which in one way or another are related to interaction with the public. Also, the most common forms of interaction between the police and the public were separately considered: joint delivery of humanitarian aid to the civilian population and units of the Armed Forces of Ukraine, the escort by the police of humanitarian cargo organized by the public; joint evacuation of the population from the regions of active hostilities, ensuring public safety at all stages of evacuation; joint trainings for the public on safety issues, provision of police premises, including shelter, for public safety needs; the use of police premises as “points of invincibility”, allowing the public to use generators, heaters, etc.; conducting trainings by the representatives of the public for the personnel of police units, in particular, participation in the organization of trainings on pre-medical care of representatives of public organizations, paramedics and professional trainers on pre-medical care.
Taking into account the fundamental importance of developing, systematizing, and scientifically understanding the peculiarities of the interaction of police units with the public under martial law, there is a need to conduct new research in this area, develop separate methodological recommendations, manuals, and implement comprehensive programs for the dissemination of effective practices of such interaction among the public.
Essence and elements of crimes in the sphere of official activity
Authors: Ablamskyi S. Ye. , Kolesnyk M. O. 
Published: September 2023

It has been argued that an official activity is the service activity of an official determined by the norms of current legislation, which is determined by his/her official position (legal status), and is also aimed at implementing certain tasks and functions assigned to the public authority, institution, organisation, etc. in which he/she works and holds the relevant position. It has been noted that an official has a special legal status, which determines the high risk of committing criminal violations, in particular, crimes.
It has been proved that crimes in the sphere of official activity are criminal acts defined in the norms of current (labour, civil, administrative, criminal, etc.) legislation which are committed by officials within the framework of exercising their official powers. Such crimes may include a variety of actions, such as forgery, abuse of power, bribery, extortion, negligence, etc. It has been noted that crimes in the sphere of official activity seriously undermine public trust in the state authorities and can have serious consequences for each individual citizen, as well as the state and society as a whole.
It has been stated that the key elements of crimes in the sphere of official activity are as follows: they are committed within the framework of exercising official powers by persons holding positions at the relevant enterprises, institutions, organisations; crimes related to official activities may involve not only the commission of any actions, but also inaction, which also takes into account the failure and/or improper performance by an official of his/her duties, which entails significant negative consequences for other individuals and/or legal entities, as well as the state and society as a whole; crimes may include a number of different actions, such as bribery, extortion, forgery, abuse of power, etc.; the crime may be committed only by an official who has official authority; crimes in the field of official activity may be committed for different purposes, including obtaining benefits, avoiding responsibility, etc.; special object, actor and subject of the crime.
Methods and means of committing illegal hunting as circumstances of proof in criminal proceedings (based on case law)
Authors: Horbunova K. V. 
Published: September 2023

The present criminal and criminal procedural legislation, as well as the practice of application of the provisions on criminal liability for illegal hunting have been studied. As the study subject, the examples of case law have been chosen, which allowed to identify typical ways and means of committing a criminal offence in the presence of specific circumstances of their application. The correlation of substantive and procedural law provisions aimed at achieving the goal and fulfilling the tasks of investigating criminal offences against the environment has been analysed; recommendations on the practice of application of criminal liability provisions have been provided; the correct interpretation of the ways and means of committing illegal hunting based on the analysis of law enforcement practice has been ensured. Based on the analysis of law enforcement practice of some aspects of the criminal procedural component, the most common and typical means, methods (forms), and tools of illegal hunting used in encroachment on wildlife have been identified.
It has been established that preparation for committing illegal hunting may include: choosing the time and place of illegal hunting; searching for and preparing illegal hunting tools and means; selection of accomplices to illegal hunting; and deciding on the prey. The typical ways of committing illegal hunting have been defined as follows: hunting without a permit (for hunting animals, for the use of firearms, etc.); hunting at prohibited times (during the periods prohibited for hunting of the respective species of animals, in the dark, etc.); hunting with the use of prohibited tools and prohibited methods (nooses, traps, nets, etc.); hunting in prohibited areas (on the territories and objects of the nature reserve fund, in reproduction areas, etc.); hunting for animal species listed in the Red Book. The above list of typical methods and tools for committing illegal hunting is not exhaustive, but is the most promising in terms of developing methods for their investigation. The most common tools used in illegal hunting are hunting (smoothbore or firearms) weapons, nooses and nets.
Peculiarities of appointing and conducting forensic examinations under martial law
Authors: Kyselov V. M. , Butovych O. I. 
Published: September 2023

It has been proved that criminal justice is a procedure regulated by the norms of current criminal procedure legislation for the activities of specially authorized subjects (bodies of inquiry, preliminary investigation, prosecution, etc.) to determine the circumstances relating to the commission of criminal offences, conduct pre-trial investigation, hold court hearings, render decisions and impose punishment for criminal offences. It has been noted that forensic examination is a special study carried out by highly qualified persons, in accordance with the established procedures and methods, with the aim of obtaining objective and reliable information about an object or event which is the subject of a trial. Forensic examination is one of the key means of evidence in criminal proceedings. Its key purpose is to conduct a specialised investigation to obtain objective and reliable data about a particular object, which can be used as evidence in criminal proceedings. Forensic examinations can be conducted in various fields, such as medicine, physics, chemistry, ballistics, graphology and others, and the data collected can be important for the course of criminal proceedings.
It has been noted that under martial law, there are fundamentally new features of the appointment and conduct of forensic examinations. At the same time, the need to reduce bureaucratic procedures in the course of appointing examinations, to introduce certain elements of electronic document flow into this process, to reduce the timeframe for conducting certain examinations with their mandatory preliminary differentiation depending on the degree of complexity, and to ensure that such differentiation is legally enshrined in law are also emphasised.
Essence, purpose and objectives of pre-trial investigation: theoretical and legal characteristics
Authors: Matus V. V. , Ablamska V. V. 
Published: September 2023

It has been proved that a pre-trial investigation can be defined in two ways: firstly, as a process defined in the provisions of the current criminal procedure legislation and implemented by specially authorized entities; secondly, as an activity aimed at collecting, verifying and evaluating evidence, in particular, establishing all the necessary objective circumstances of a criminal offence and the range of entities involved in it, which will allow the court to resolve the case fairly on the merits. It has been argued that pre-trial investigation is an important stage of criminal proceedings, which makes it possible not only to ensure and protect the rights, freedoms and interests of a person and a citizen, but also to simplify the work of the judicial system, make it more transparent and efficient. In addition, if the pre-trial investigation is conducted properly, it can increase public confidence in justice, as there will be a belief that the case is being handled objectively and fairly.
The following key tasks of the pre-trial investigation have been identified: to find out the circumstances of the criminal offence (time, place, method of its commission, information about the person who committed the crime); to collect evidence that undoubtedly proves that a particular person committed the crime (testimony, photo and video materials that can help establish the facts of the crime and identify the person who committed it); to establish the circle of suspects, etc. This involves identifying a range of potential suspects and conducting interrogations with them to establish their involvement in the crime; evaluating evidence, establishing its reliability and relevance to the case; making decisions on serving a notice of suspicion and referring the proceedings to court; making decisions on continuing the pre-trial investigation or terminating it; restoring the rights, freedoms and legitimate interests of the victim, compensating for the damage caused, etc.
Notary independence in the course of notarial acts
Authors: Vasylenko M. Ye. 
Published: September 2023

Based on the analysis of the scientific views of scholars and the norms of current legislation, a list of notarial acts that notaries are authorised to perform has been provided. The author’s own definition of the concept of “notarial acts” has been proposed. The importance of ensuring the independence of notaries in the course of notarial acts has been emphasised. A number of aspects confirming this thesis have been presented.
It has been established that notarial acts are a set of legally significant acts performed by a notary with the aim of providing notarial services as defined by the current legislation. The purpose of notarial acts is to ensure, firstly, the observance and protection of legal rights, freedoms and interests of individuals and legal entities, including those of a tangible and intangible nature, and secondly, the correctness and legality of concluding contracts, confirming documents and providing other legal services as defined by current legislation.
It has been noted that in the course of notarial acts, a notary must be an independent and impartial mediator between the parties, and act exclusively in compliance with the applicable law. This, in turn, ensures the reliability and legitimacy of transactions concluded between the parties and helps to prevent attempts at fraud and manipulation of documents.
It has been generalised that ensuring the appropriate level of notary independence in the course of notarial acts is important: firstly, for notaries themselves, since in this case they are able to perform their activities free from any influence, which is an additional guarantee of ensuring the regime of legality in their work; secondly, for users of notaries’ services, since notary independence is a guarantee of observance of the rights and freedoms of individuals and legal entities, and is also a preventive measure against any unlawful acts (fraud, document forgery, etc.).
The National Police of Ukraine activities in the sphere of ensuring national security
Authors: Nikitin A. A. 
Published: September 2023

The article is devoted to the study of theoretical and practical issues of organisation and legal support of the National Police in the field of national security of Ukraine. The relevance of the chosen topic has been substantiated and a general analysis of the state of scientific research on this issue has been carried out. The regulatory and legal acts and scientific sources which make up the content of the National Police's activities in the field of ensuring national security of Ukraine have been analysed. The essence of the theoretical provisions of the scientific categories “security”, “national security”, “security and defence sector entities”, “National Police”, “legal regulation”, as well as the practice of their consolidation in legislation have been investigated. It has been provided the author's understanding of the concept of national security as a state of protection of the state sovereignty, constitutional order, public order, economic, scientific, technical and defence potential, information sphere and state secrets from external and internal threats, from any manifestations of unlawful encroachments, which is achieved by applying a system of measures of political, economic, organisational, legal, military, ideological and other nature, proportionate to the threats to the national interests of Ukraine.
In the course of analysis of the provisions of legal acts on national security, a range of tasks and powers of its subjects has been determined, and the peculiarities of implementation of measures in certain areas of security activities have been considered. The main directions and tasks of ensuring national security by the units of the National Police in accordance with the current legislation of Ukraine have been reviewed.
Concept, subject and method of legal psychology
Authors: Demidenko N. M. , Bilous T. L. 
Published: September 2023

A conclusion has been drawn according to which the subject matter of legal psychology is: peculiarities of mental processes during entry and participation of a person in social and legal relations of the relevant sectoral affiliation; peculiarities of influence on the emotional and sensual states of a person of certain legal facts and legally significant events; the process of perception of legal reality by a person, awareness of the rights and obligations granted to him/her, ways and procedure for their implementation, etc.; organisation of a person's behaviour as a participant in social and legal relations. The method of legal psychology has been described as a system of special theoretical and practical tools, methods and measures which allow analysing the components of the subject of legal psychology, studying their regularities and formulating reasonable conclusions and scientific concepts on this basis.
It has been found out that legal psychology is the science of mental, emotional, and sensual states of a person in terms of his/her participation in legal relations as a subject of law who exercises the relevant rights and performs the duties assigned to him/her.
It has been noted that legal psychology is inextricably linked to psychology in general as a science of a person and his/her inner world, but is limited to the issues related to law. At the same time, the attention is focused on the need for a broad understanding of the subject matter of legal psychology, since legal psychology studies only those social relations which are regulated by law. It was emphasised that the range of such relations may be extended to include those relations, phenomena and processes which are not directly related to law or legal relations, but which may be of scientific interest to lawyers due to their impact, for example, on the personality of a criminal, determinants of crime, and understanding of a crime victim.
Perilaku Hidup Bersih di Lingkungan Rumah Tangga Masyarakat Desa Tabongo Kecamatan Dulupi Kabupaten Boalemo
Authors: Syarifuddin Rahmawati , Abdul Muhammat B.P , Idrus Muh. Said , Syah Febrian , Ismail Anjani E.P , Panigoro Maharani , Domili Windrawati , Papeo Rahayu , Mahmud Maya Oktafyanti , Ali Sri Nengsi Dj. 
Published: September 2023

Desa Tabongo merupakan salah satu desa yang terdapat di kecamatan Dulupi, tepatnya di Kabupaten Boalemo. Berdasarkan hasil observasi, presentase lingkungan kebersihan di Desa Tabongo adalah 60% dengan kata lain masih tergolong kotor karena minimnya tempat pembuangan sampah sehingga membuat lingkungan rumah tangga menjadi tidak bersih. Dari kondisi tersebut maka dalam rangka pelaksanaan Tridharma Perguruan Tinggi, sebagai bentuk kepedulian pada lingkungan daerah maka kami perlu memberikan pengabdian kepada masyarakat di Desa Tabongo Kecamatan Dulupi terkait hidup bersih di lingkungan rumah tangga. Tujuan dari kegiatan ini adalah : 1) untuk meningkatkan pengetahuan kepada masyarakat Desa Tabongo akan dampak negatif dan bahayanya dari sampah terhadap kesehatan, 2) meningkatkan kesadaran masyarakat Desa Tabongo untuk tidak membuang sampah sembarangan, 3) mengoptimalkan kesadaran untuk membuang sampah pada tempat sampah yang sudah disediakan. Metode pelaksanaan yang dilakukan dalam kegiatan ini berupa observasi, sosialisasi dan pendampingan pembuatan bak sampah permanen. Hasil yang didapati adalah meningkatnya kesadaran masyarakat tentang pentingnya menjaga kebersihan lingkungan rumah tangga, para masyarakat Desa Tabongo sudah mulai membuang sampah di bak sampah yang telah dibuat.Kata kunci : Kebersihan, bak sampah, pengabdian, masyarakat,