bluuebunny/crossref_metadata_2025_split huggingface dataset:
Palaeomagnetism of the Vendian traps of Volyn, southwestern margin of the East European Platform, P. 2: magnetostratigraphy
Authors: Bakhmutov V.G. , Poliachenko I.B. , Cherkes S.I. , Hlavatskyi D.V. 
Published: March 2023

We present new results of palaeomagnetic studies of the Vendian (Ediacaran) rocks of the Volyn Basalt Province revealed by six boreholes on the NW Ukraine. This is a continuation of previous studies of upper part of the Volyn series described by Bakhmutov et al. [2021]. In the recent works [Shcherbakova et al., 2020; Thallner et al., 2022], the results of palaeointensity determinations of the Volyn series basalts showed the ultra-low dipole moment of Earth’s magnetic field which coincident with other palaeomagnetic data for Ediacaran indicating an extremely weak geomagnetic field. Clear stratification and correlation of the basalt and tuff layers by magnetic parameters allow us to determine the magnetic field reversals throughout the stratigraphic succession of the Volyn series of about 400 m thick. In basalts, tuffs and baked contact rocks, a high-temperature characteristic component of remanent magnetization (ChRM) with all signs of primary magnetization have been isolated. For the directions of inclination of ChRM-components at least six magnetic polarity reversals were revealed. The geochronological ages of rocks is in the range of 580—545 Ma, but the errors in the age estimation are too large for separation of individual formations within the pulses of activity or differentiation of individual eruptions. Therefore the formation time of the entire stratum remains uncertain, and the key issue for interpretation of the magnetic polarity reversal frequency is the duration of accumulation of traps. Two possible interpretations of palaeomagnetic results are considered. In the first, which takes into account different stages of magmatic activity, the time interval of accumulation can be about 10 million years. Then the average frequency of geomagnetic inversions is close to mean for the Phanerozoic. We prefer the other interpretation when the formations of the Large Igneous Provinces have been occurred over a short time interval (e.g. 0.5 Myr). Taking into account the results of palaeointensity estimations for the same samples, which shown the extremely weak geomagnetic field, the hypothesis of the «hyperactivity» of the field with a frequency of at least 12 reversals per one million years on the end of the Ediacaran gain the additional confirmation.
The impact of COVID-19 on the status of migrant workers: international legal experience
Authors: Holovatenko M. , Sereda V. 
Published: March 2023

The COVID-19 pandemic has severely curtailed international migration through border closures and forced millions of people to return home to their homelands. The harsh measures taken by the countries of the world to prevent the spread of the COVID-19 pandemic provoked a severe crisis in the world economy and affected all areas of people's daily lives, regardless of their social status and status. The main restrictions affected migration mobility and politics due to the fact that the main goal of states has become the minimization of personal contacts of the population to control the further spread of the virus by closing borders and stopping or reducing transportation by all modes of transport. These actions led to significant changes in global migration processes, as many countries closed their borders without the possibility for migrants and their populations to leave them or return to their homeland. The ineffectiveness of many areas of the economy, where migrants worked, led to mass dismissals and, as a result, to a lack of funds both for returning home and for living in the country of residence.
The crisis of the COVID-19 pandemic has highlighted the crucial role that social protection plays in overcoming severe social and economic crises, as well as the importance of introducing a minimum level of social protection for all, including migrant workers.
The pandemic and its economic effects carry risks of stigmatization and discrimination against migrant workers in both destination and origin countries. Countries should systematically monitor cases of discrimination and hate speech against migrant workers. The governments of the countries should also take care of systematically informing citizens about the positive aspects of labor migration. For countries, it can be an emphasis on the role of labor migrants in critically important areas, such as agricultural industry, logistics, transport, medicine, and critical services.
Court precedent as a source of constitutional law of foreign countries
Authors: Kozynets O. , Kostyuchenko N. 
Published: March 2023

In modern conditions, the study of the sources of constitutional law of foreign countries is extremely relevant. The scientific article determined that judicial precedent is the main source of constitutional law of the states of the Anglo-Saxon legal system and an auxiliary source of constitutional law in the Romano-Germanic legal system.
The scientific article also focuses on the fact that on February 23, 2006, a fundamental Law was adopted in Ukraine – the Law of Ukraine «On the Implementation of Decisions and Application of the Practice of the European Court of Human Rights». It was determined that the adoption of the above-mentioned legislative act had at one time not only a theoretical significance for legal science, but primarily a practical significance for the functioning of the courts, since the requirement of this legislative act is the strict implementation of the decisions of the European Court of Human Rights, which in turn recognizes precedential law.
The work also determined that earlier, court precedent in Ukraine was not a universally recognized source of constitutional law. However, over time, court precedent began to take on extremely important importance, and domestic courts increasingly operate with the practice of higher courts when making certain decisions. Therefore, the scientific article substantiates the importance of the study of judicial precedent as a source of constitutional law in foreign countries, since the relationship to this source of constitutional law in common law states and continental law states is fundamentally different.
Also, in the scientific article, special attention is paid to issues related to the practice of applying judicial precedent in each of the modern legal systems. In particular, it is determined what influence the court precedent had on the development of constitutional law, whether courts act as subjects of judicial law-making or not, the main aspects of the court precedent and its relationship with judicial practice are determined.
The scientific article also highlights how judicial precedent is applied in France, Germany, Great Britain, as well as specific features of its application in Ukraine.
As a result, it was determined that judicial precedent is determined by law as a special source of constitutional law of foreign countries, and therefore for Ukraine it should also occupy a particularly important place in the system of sources of constitutional law, although at the same time it is inferior to the normative legal act as a fundamental source of constitutional law - the German legal system, which includes Ukraine.
The Priority Tasks of the National Science of Constitutional Law during the Russian Aggression
Authors: Martseliak O. 
Published: March 2023

The article addresses the issue of the role of the science of the constitutional law during the war with russian aggressor. It is mentioned, that international and national experience of the state-building, obtained over the long years of Ukrainian independence, convincingly proves that it is not possible to modernize social relations without correct scientific substantiation, prognostic predictions, development of the innovative social methodology and theories. It is particularly important during the full-scale war with russia due to the fact, that Ukrainian community and country faced the problems, which were not previously in the focus of attention of domestic legal science.
The author emphasizes, that there is no abstract necessity to explore the negative phenomena of war. A conclusion is made that the legal science has to provide a legal assessment of the certain war crimes, crimes against humanity, genocide, violations of the constitutional rights and freedoms of a person committed on the territory of Ukraine by russia, etc. It has been found out that there is need of the summarizing the practice of applying Constitution of Ukraine and other legislation during the war, the real state of ensuring human rights, the functioning of the national mechanism of public power, taking into consideration the military situation. The aim of the legal science, including constitutional law, is to provide a conceptual theoretical framework based on the aforementioned generalization and scientifically substantiate and formulate the specific importance of the enhancement of national legislation and to determine the nature of the content of such changes.
The research highlights the specific priority tasks of the national science of constitutional law not only in relation to the analysis and development of recommendations regarding the improvement of national legislation in order to guarantee state sovereignty, territorial integrity of Ukraine, proper provision of human rights and functioning of the mechanism of state power and local self-government during the period of military aggression of the northern neighbor, but also to create the basis of the transformation of the Ukrainian legal system according to the European standards and values in the post-war country.
Establishment and development of legal regulation administrative judiciary in the Republic of Poland
Authors: Boyko І. 
Published: March 2023

The article analyzes the establishment and development of the legal regulation of administrative proceedings in the Republic of Poland. It is noted that the organization and activity of administrative proceedings in the restored Republic of Poland was based on two models: the previous Austrian administrative proceedings and the Prussian administrative proceedings. As a result, the formation of the Supreme Administrative Tribunal was foreseen in the Republic of Poland, which testifies to the significant influence of Western European traditions. The legal basis for its creation and activity was the law of August 3, 1922, the powers of which were specified by the regulations of the Supreme Administrative Tribunal.
The competence of the Supreme Administrative Tribunal included the decision on the legality of decisions and orders in the sphere of governmental and self-governing administration. It was established that the restored Polish state, from the first days of its existence, began activities aimed at forming borders, state authorities, the army, law enforcement agencies, including the judiciary, namely the creation of an effective Polish judicial system and judiciary. It is described that the formation and development of the judicial system of the Second Polish-Lithuanian Commonwealth was a long process and included two stages, which can be divided into two stages using the characteristics of the functioning of various systems of judicial bodies, their adaptation to new socio-political conditions and the growth of deformations caused by the violation of democratic principles of the March Constitution of 1921 and the creation of a unified system of general courts and its reformation in the direction of anti-democratic principles.
It has been established that the foundations of the judicial system in Poland are the Constitution of 1921, which recognized the courts as a separate branch of government, independent of the executive and legislative powers, which in practice was not always implemented. It is noted that a feature of the judicial system of the Republic of Poland was the introduction of administrative proceedings, the formation of which took place immediately after the restoration of the Polish state. Attention was drawn to the fact that after the Second World War until 1980 there was no separate administrative court in the Republic of Poland. Administrative justice was revived in Poland on September 1, 1980, when the High Administrative Court, established under the law of January 31, 1980, began to operate.
Ways of implementation of international electoral standards in the national legislation of Ukraine
Authors: Chyzhmar V. 
Published: March 2023

The article is devoted to the study of the problems of implementation and ways of implementation of international electoral standards in the national electoral legislation of Ukraine. The work provides a critical review of scientific approaches of domestic and foreign scholars to understanding the legal nature of the implementation of international acts. The author concludes that the implementation of international acts is a state-building/law-making process of individual countries, which includes the recognition by the state of international legal norms and their implementation in national legislation and in practice with a view to comprehensive, timely and full implementation of the obligations assumed by the state under international law.
The article analyzes the existing positions of legal scholars on the ways of implementing international legal standards in legal science and, on this basis, identifies and characterizes the ways of implementing international electoral standards in the national legislation of Ukraine. The main such ways are, firstly, reception, when there is a textual repetition of the content of the act/norm adopted by the international community in the national legislation of the respective state without their changes. That is, it is the actual repetition of the content of international law by the relevant acts of national law. Secondly, transformation, which is a method of implementation associated with the revision of the text of an international legal act in accordance with the principles of the national legal system and the adoption of domestic law on this basis. This makes it possible to implement the norms of international law with their maximum compliance with the domestic principles of rule-making technique. Its separate form is a reference, when a norm is created that refers to international acts, traditions of international law. Thanks to this form, the State authorizes the direct application of international law in domestic legal relations. It is determined that these ways of implementing international electoral standards in the national electoral legislation were especially evident in the adoption of the Electoral Code of Ukraine.
The principle of democracy and people's power in judicial law
Authors: Shcherbanyuk O. 
Published: March 2023

In the modern era, only a political regime based on popular sovereignty, and the ultimate goal of which is the observance of the basic rights of the human person, can be considered democratic, as democratic. The sovereignty of the people, which is not aimed at the realization of human rights, necessarily leads to the free will of the majority. Full respect for human rights, in turn, is unattainable when the supreme political power does not belong to the people. The judiciary, as an organ of a democratic state, must be structured in accordance with both of these requirements. However, it should be noted that, unlike other state authorities, the judiciary has a notable feature. Although it is by definition the main guarantee of full respect for human rights, in most countries judges, with rare exceptions, are not elected by popular vote. In fact, the factor which unites the judicial power with the spirit of democracy (in the sense Montesquieu assigned to the word) is the outstanding attribute, the only one capable of ensuring the absence of suffrage: it is that public prestige, based on a wide moral respect, which in Roman civilization was called auctoriai. It is the legitimacy of respect and trust that causes people to judge. However, this special characteristic of judges, in the conditions of democracy, is essentially based on the independence and responsibility with which the state body as a whole, and the individual considered public agents, perform the political functions that the constitution, as the original manifestation of the will of the sovereign people, entrusts to them.
Therefore, if we want to check how democratic the judiciary is, we must analyze its organization and its functioning, according to the fundamental requirements of independence. It is about the fact that the judiciary is generally independent when it is not subject to other powers of the state. In turn, judges are said to be independent when there is no hierarchical subordination between them, despite the multiplicity of instances and degrees of jurisdiction.
Busines legal regulation of the contractual use of intellectual property objects
Authors: Borsuk N. , Kikot P. 
Published: March 2023

The article examines the peculiarities of legal regulation of contractual relations on the use of intellectual property objects in the field of business. It has been proven that the importance of the civil law regulation of these relations in the norms of the Economic Code of Ukraine is slightly underestimated. The legal regulation of relations on the contractual use of intellectual property objects by economic norms and norms of civil legislation complex. The issue of concluding a contract is ensured by the norms of economic legislation, and the legal status of the creator (or other person who owns property rights to intellectual property) and the legal regime of the object of intellectual property is regulated by the norms of civil legislation.
Differences in the provisions of economic legislation and the norms of special laws regarding the form of contracts on the transfer of rights to use an intellectual property object were revealed. In special legislation, the written form is defined as a condition for the validity of the contract; the consequences of violation of this condition are defined in the norms of the Civil Code of Ukraine - non-compliance with the written form leads to the invalidity of these contracts.
A number of factors affecting the content of business contracts on granting the right to use intellectual property objects have been determined. These factors are enshrined in the norms of economic and civil legislation, in particular in special laws that determine the legal regime of individual objects of intellectual property. The value of exemplary and standard contracts for the legal regulation of the use of intellectual property objects on the basis of the contract has been revealed.
Based on the analysis of the requirements of economic and civil legislation, a list of essential conditions of the economic agreement on the transfer of intellectual property objects for use has been determined. It has been proven that the essential conditions of such an agreement are the conditions on the subject, on the terms, on the methods of using the object of intellectual property, on the territory to which the right to use the object of intellectual property is extended, as well as any conditions in respect of which the requirements at least. one of the parties to the contract must reach an agreement.
The officials of local government bodies as subjects of notarial procedural legal relationship
Authors: Kryzhevska O. 
Published: March 2023

The article deals with the scientific and practical analysis of the legal position of an official of a local self-government body as one of the subjects of a notarial procedural legal relationship on the part of a person who performs a notarial act. It is argued that the changes in the legislation, as a result of which the right to perform notarial acts was granted only to local self-government bodies in rural settlements, are unfounded. The specified changes have led to a deterioration in the provision of notarial services to the population, which makes it necessary to return to the situation that existed before. At the same time, the performance of individual notarial actions by officials of local self-government bodies should generally be considered as the authority of the local self-government body, and not as the creation of some kind of competition for notaries available in the area. The reasons for granting local self-government officials the right to perform notarial acts in the field of inheritance require approval. However, the big problems in practice that arose as a result of this negated all the positives and raised questions about the expediency of the existence of the corresponding subject competence of these officials. Agreeing with the higher qualification requirements for officials of local self-government bodies who perform notarial acts regarding inheritance, the author of the article notes their extremely high level, which actually leads to the impossibility of implementing the relevant provisions in practice.
A conclusion was made regarding the need to grant the right to perform a certain amount of notarial acts to authorized officials of local self-government bodies of all settlements, regardless of whether this settlement is rural or urban, as well as regardless of whether this settlement has a notary public.
Good faith as a conceptual basis for the legitimate implementation of civil procedural rights and obligations
Authors: Kuzmenko K. 
Published: March 2023

The article is devoted to the study of the category of good faith in civil proceedings. The author notes that in the field of jurisprudence, and especially in the field of judicial jurisdiction, concepts and categories that belong to the field of ethics and morality by virtue of their nature began to be applied more and more often. One of these categories is good faith.
It is justified that the problem of good faith is characteristic of each of the historical eras of the development of known forms of civil process. Even in the light of judicial transformations of the past, effective procedural means of combating dishonest behavior have not been developed. In modern conditions, research on the category of good faith in civil proceedings is being updated. It is not even so much about giving this category the quality of a principle, although it is worth noting that there are certain normative grounds for this.
Good faith, by its very nature, is a non-legal category, in order to determine its content in this sense, it is necessary to refer to other concepts and categories of ethics and morality. Secondly, the category of good faith is traditionally used by the legislator to describe the limits of lawful behavior and, thus, to determine the limits of the possible implementation of civil procedural rights. Thirdly, giving the category of good faith as a legal obligation should be considered in the context of the elements of the normative and theoretical construction of the abuse of procedural rights and the mechanism of countering them.
In general, it should be emphasized that the category of good faith plays a key role in determining the criteria by which it is possible to distinguish the legitimate active use of the right from its abuse. For civil procedural law and civil justice, this problem is particularly relevant, because by its legal nature, civil justice is designed to mediate the conflict of the parties, their competition and opposition to each other. Competition and opposition in civil litigation is the norm, not an abuse. Therefore, when researching the chosen topic, the central task is to find an answer to the question of in which cases competition and opposition turn into abuse of rights.