bluuebunny/crossref_metadata_2025_split huggingface dataset:
Lease contract of water objects: environmental and legal aspects and prospects for use
Authors: Sokolova A. , Cherkashina M. 
Published: February 2023

It is emphasized that, despite social changes in the world, general processes and the importance of restoration, protection and conservation of the natural environment, there are acute problems of rational and effective use of natural resources and complexes in Ukraine. This does not fully correspond to the commonly recognized concept of the need to consider the interests of future generations and meet the contemporary needs of humanity. Based on this, it has been proven that there is an urgent need to provide the introduction of rational and effective use of natural resources and complexes, as well as to restore and preserve the latter, in order to correct the current situation, guarantee the realization of the environmental rights of every citizen of our country and the right to use natural resources in particular.
An analysis of the norms of the current domestic legislation, in particular, water and land legislation, whose prescriptions regulate relations with the use of natural objects, including water ones, was carried out. It is argued that one of the priority steps now should be the development of a special legal mechanism, for example, by spreading the practice of using objects under a lease contract. Based on the modern trends in the functioning and development of environmental law and its leading sub-branches - water and land, it is proved that when studying the contract for the lease of water (water objects), namely its legal nature, it is of great interest to clearly establish as its object, as well as essential features of the latter.
The ecological state of water objects on the territory of our country is characterized. It was found out that the main reason for the clear separation and legislative consolidation of the types of intended use when renting the mentioned objects is their functional purpose, since the components of the water ecosystem are interdependent and interconnected. It is proposed to bring in accordance with the provisions of the Water Code of Ukraine art. 59 of the Land Code of Ukraine, making changes to the list of types of targeted rental use. Proposals for improving the environmental (in particular, water and land) legislation of Ukraine regarding the legal basis of the water lease contract are substantiated.
Possible environmental solutions to oil spills in the Black Sea due to the Russian invasion (on the examples of the U.S. and international experience dealing with oil spills)
Authors: Astasheva O. , Cheban V. 
Published: February 2023

The Black Sea is an inland sea, that is basically isolated from the World Ocean. Even though it is connected only with the Mediterranean Sea through the Turkish Straits, the Black Sea is very environmentally vulnerable. Armed conflict invariably has a negative impact on nature. Oil spills that happened because of Russian invasion have radically changed the ecosystems of the Black Sea, and subsequently seriously threatened its biodiversity, and ecosystem as a whole. During the last 20-30 years, even before the full-scale Russian invasion, specialists of the Ukrainian Scientific Center for Marine Ecology, together with the EMBLAS project, were deeply worried about changes in the Black Sea [1].
Even more rapid change in the Black Sea ecosystem happened in June 2022 when Russian forces used two anti-ship missiles to target an abandoned cargo tanker adrift in the northern Black Sea. The vessel was loaded with around 600 tons of diesel fuel. The abandoned tankers, with thousands of barrels of diesel fuel, constituted an “environmental time bomb [2].”
As to the existing framework, in 1992, six coastal countries (Bulgaria, Georgia, Romania, the Russian Federation, Turkey and Ukraine) signed and ratified the Convention on the Protection of the Black Sea from Pollution. Since then, the Black Sea Pollution Protection Commission has been responsible for the sustainable management of the Black Sea. The real effectiveness of this Commission turned out to be very low considering the fact that not a single act was adopted for the preservation of the Black Sea in terms of Russian invasion since February 24th 2022.
Indeed, there is some legal protection for nature under the laws of armed conflict too, although these laws are ambiguous and have strict limitations. For instance, there is a set of Draft Principles for environmental preservation in relation to armed conflict, which was just adopted by the UN International Law Commission.
Thus, in the absence of adequate international mechanisms to address oil spills immediately, it is worth to take into account well established US Response System as the federal government mechanism to respond to discharges of oil into navigable waters of the US. While this system functions through a cooperative network of federal, state, and local agencies, Ukraine lacks this coordinated cooperation, and cannot respond properly to the significant contamination of the Black Sea.
Thus, we will reveal the existing international mechanisms to combat oil spills. Then, we will mainly focus on US Governing policies that deal with oil spills on the Exxon Valdez oil spill example, applying it to the existing policies in Ukraine.
Administrative and legal characteristics of the concept of "mobbing"
Authors: Dudko A. , Strelchenko O. 
Published: February 2023

The article examines the administrative and legal characteristics of the concept of "mobbing". The legal literature on the genesis of "mobbing" in Ukrainian society was reviewed and analyzed. The concept of "mobbing" in Ukraine, which can be conscious (deliberate) and unconscious (spontaneous), was characterized by analyzing the source base. It was determined that mobbing is psychological terror against an employee, which can take both rude, overt forms and veiled forms. It can also be expressed in the creation of coalitions against mobbing, which is undesirable from the point of view of the subjects of mobbing - in fact, mobbers (individuals or, more often, companies of persecutors) of a team member who "work" to disorient the victim, disturb his mental balance, push him to making wrong decisions in a situation of prolonged stress, which is achieved by distorting or broadcasting ambiguous messages addressed to her, spreading dirty rumors about the employee's personal life, which also affect his business reputation, etc.
The essence and socio-legal nature of mobbing (harassment) was analyzed, which made it possible to assert that the legislative consolidation of "mobbing" is essential for the anti-mobbing program in Ukraine. However, there are significant shortcomings that limit the activity of authorized bodies to bring a person to responsibility and correctly qualify an act that falls under the signs of an offense. Conclusions have been made regarding the fact that Ukraine has taken a big step towards the fight against mobbing by introducing appropriate legal responsibility, including administrative.
A separate definition of "mobbing" is proposed as a targeted long-term (systematic) psychological and/or economic pressure applied to an employee within the framework of employment relations, with the aim of causing certain harm to the employee and creating appropriate conditions for him to resign from his position.
Obligation according to G. W. F. Hegel’ Doctrine
Authors: Popovych T. 
Published: February 2023

The article is devoted to the analysis of the nature of the category of obligation according to the doctrine of the German philosopher G. W. F. Hegel. The author emphasizes that using the two concepts "obligation" (Verpflichtung) and "duty" (Pflicht), G.V.F. Hegel believes that the first has a legal basis, while the second has a moral basis. The key difference between them is the presence of a certain mindset, that is, a subjective belief, setting. As for the categories "right" and "obligation", they eventually merge in the thinker and they are formally identified (who has no rights, has no obligations), condition and predict each other (although the scientist emphasizes their content difference). The factor of such value identification and fusion is mediation, that is, the presence of a certain external reality, thanks to which the right turns into an obligation, and the obligation into a right. In the relationship between the concepts of freedom and obligation, the role of the necessary condition for the existence of affirmative freedom is assigned to the obligation. After all, the obligation, in fact, is not a limitation of freedom, but only of its abstraction.
At the same time, the obligation according to G. W. F. Hegel’ doctrine is closely intertwined with a number of ethical categories - good, conscience, virtue, etc. Good is the universal goal of the world and human activity in particular, and therefore it is the goal of setting and fulfilling obligations. Virtue is the state of a person for whom obligation has become a substantial attribute of his existence. Whereas conscience is a kind of "path" to understanding obligation and good.
And finally, the philosopher is convinced that individuals have obligations towards the state to the same extent that they have rights. The internal strength of the state lies in the concept of the unity of obligation and right. The formula of the abstract universal obligation is reduced to the need to sacrifice oneself for the sake of preserving the individuality of the state. While maintaining the dominance of the whole (the state) over the part (the individual), the scientist, nevertheless, tries to show that the special interest of the individual should not be rejected, but also taken into account, to some extent adapted to the interests of the whole, collective, general. And it is possible in such a combination to achieve the dreamed good - both individual and social.
Problem issues of normative definition facility of unvoluntarily leaving a military unit or place of service
Authors: Lenda O. 
Published: February 2023

The article is devoted to the peculiarities of the normative definition object of the criminal offense provided for in Art. 407 Criminal of the Code of Ukraine "Arbitrary abandonment of a military unit or place services". It is noted that the generic object of criminal offenses against the established order of placement of military service is provided for by law, the procedure for entering or completing military service.
The multifacetedness of normative and legal acts that determine the procedure for military service, the rights and obligations of servicemen is emphasized: laws of Ukraine, regulations on military service by relevant categories of servicemen, other normative and legal acts. The essence of military service as a state service of a special nature is analyzed, which consists in the professional activity of citizens of Ukraine suitable for it in terms of health and age (with the exception of cases specified by law), foreigners and stateless persons, related to the defense of Ukraine, its independence and territorial integrity.
On the basis of the analysis of normative legal acts, it was determined that military duty is established for the purpose of preparing citizens of Ukraine for the defense of the Motherland, providing personnel for the Armed Forces of Ukraine, other military formations formed in accordance with the laws of Ukraine, as well as special law enforcement agencies, positions in which are staffed by military personnel.
It has been proven that conscripts and reservists have passed training (or inspection) meetings. The legally fixed moments of the beginning and end of military service are indicated.
Attention is focused on the need to recognize as a generic object the voluntary abandonment of a military unit or place of service (Article 407 of the Criminal Code of Ukraine) and the order of passing and the order of military service, since these concepts are organically interconnected. It was concluded that the term "military service" is a narrower concept than "military service".
Juvenile victim in criminal proceedings: ensuring the right to representation and communication
Authors: Rakipova І. , Chernomorchenko K. 
Published: February 2023

The juvenile victim is one of the least protected participants in criminal proceedings, in connection with which the doctrine proposes to provide by law for cases of mandatory participation in the process of the victim's representative to protect the rights and legitimate interests of the juvenile victim. Also expand the list of cases where the court may decide to consider criminal proceedings in closed session, including criminal proceedings in which the victim is a minor and expand the content of specialization of judges in criminal proceedings against minors, including criminal proceedings in which juvenile victims are involved.
We also believe that lawyers who represent the interests of children should be educated and aware of children's rights and related issues, receive ongoing and in-depth training, and be able to communicate with children at their level of understanding.
In our opinion, criminal proceedings in which a minor is a victim should be carried out by a judge authorized in accordance with the Law of Ukraine “On the Judiciary and the Status of Judges” to conduct criminal proceedings against minors.
We believe that there may be cases (for example, violent criminal offenses) when re-examination in court may be excessively traumatic for the juvenile victim. In such a case, such a victim should not be knowingly subjected to secondary victimization by an appropriate judicial action. It is possible to interrogate a minor victim with the participation of the court during the pre-trial investigation in order to properly procedurally record his testimony, which can be used during the trial, according to the rules provided for in Art. 225 of the CCP.
Regarding the expediency of introducing mandatory insurance of civil liability of a lawyer
Authors: Zaborovskyy V. 
Published: February 2023

This article is devoted to the disclosure of questions regarding the expediency of introducing into the national legislation a provision on the insurance of the civil liability of the lawyer, in particular, through the prism of voluntariness or obligation to establish it.
Within the scope of this article, different approaches of domestic and foreign scientists regarding the advantages and disadvantages of the lawyer's civil liability insurance institute were investigated. The points of view of legislators of foreign countries regarding the necessity of voluntary or mandatory nature of its consolidation are also analyzed.
The position is argued, according to which, first of all, taking into account the fact that for most foreign countries civil liability insurance of lawyers is actually an everyday norm that ensures the proper functioning of the legal profession as a whole, we consider it expedient to enshrine provisions on this type of insurance at the legislative level in Ukraine as well.
Attention is focused on the fact that the introduction of the lawyer's civil liability insurance institute is directly aimed at protecting his interests, but this institute also plays an important role in defending the interests of the lawyer's clients, who constantly need professional legal assistance in the implementation of their rights and legitimate interests.
To achieve the goal, the author used methods characteristic of legal science. The research was conducted primarily using the system-structural and comparative-legal method, as well as the dialectical method of learning legal reality.
Based on the conducted research, the author concludes that the introduction of this institute should establish additional guarantees of providing professional legal assistance by a lawyer at the appropriate level in order to ensure the realization of the rights and legitimate interests of his clients.
Standards of the European Union (DCFR) in the sphere of regulation of non-contractual ob-ligations and problems of their harmonization in the inheritance law of Ukraine
Authors: Tsybulska O. 
Published: February 2023

Within the scope of this article, an analysis of the situation existing in the field of unification of those norms of national law of Ukraine, which directly regulate non-contractual obligations arising as a result of the death of a natural person, or his recognition as deceased in the field of inheritance law, is carried out. The specified non-contractual obligations in inheritance law are possible thanks to the structure known in Roman law as "legatum", and, quite successfully, entered into the current private law of most countries of the European space. In the civil legislation of Ukraine, this construction is called "testamentary disclaimer", it is an order of the testator, which is established in the will, and provides for the possibility of imposing on the heirs under the will the obligation to realize certain property benefits for the benefit of third parties - beneficiaries.
Similar constructions are provided for by private law codifications of other European states, including the states that are members of the European Union. At the same time, despite the similarity of the legal nature of this institution, as of today, there is no single legal mechanism in the legal regulation of legal relations that are similar in nature in this area.
At the same time, it is appropriate to consider the Project of a common reference scheme, which includes principles, concepts and model rules of European private law (Principles, Definitions and Model Rules of European Private Law. Draft Common Frame of reference (DCFR).
In the work, the types of non-contractual constructions provided for by the DCFR are formed, distinguished and analyzed, primarily, their dialectical classification, architecture and place in the system of inheritance law. Emphasis is placed on rethinking and solving some problems in the inheritance law of Ukraine, from the point of view of new world realities.
System of protection of rights and freedoms human and citizens: doctrinal principles
Authors: Byelov D. , Bielova M. 
Published: February 2023

It is indicated that the formation of modern institutions of civil society and the development of a social and legal state require significant changes in the organization and activity of the entire system of law enforcement agencies of Ukraine. The effective activity of law enforcement agencies of our country is a necessary condition for protecting the constitutional system, ensuring legality and law and order, and observing the rights and freedoms of a person and a citizen. That is why the work examines the modern system of protection of human and citizen rights and freedoms. The author draws attention to the doctrinal aspects of building a domestic human rights protection mechanism. An analysis of individual decisions of the Constitutional Court of Ukraine on the subject under study is provided.
The authors conclude that the constitutional system of protection of the rights and freedoms of man and citizen is an important and, in fact, a defining component of the state-wide system of constitutional law of Ukraine, as it exerts a system-forming influence on other elements (fundamentals) of the constitutional system of our state. All the elements of the constitutional system of protection of human and citizen rights and freedoms reflected in the Constitution of Ukraine, despite the direct effect of constitutional norms and their application throughout the country, require legislative specification and development. The detailing of various components of the constitutional system for the protection of human and citizen rights and freedoms contributes to the formation of relatively independent blocs, including the human rights and law enforcement system of Ukrainian society and the state. The constitutional system of protection of the rights and freedoms of a person and a citizen in Ukraine is generally quite extensive, the main elements of which are its subjects, objects, principles, as well as guarantees of the rights and freedoms of a person and a citizen. At the same time, in the studied system, the subjects are the main ones, because they are the generators of social activity, activity, the bearer of interest and a participant in social relations.
The transformation of carceral practices in Pennsylvania: from William Penn's Great Law to the Penitentiary House at Walnut Street Prison
Authors: Sokalska O. 
Published: February 2023

The article analyzes the transformation of carceral practices in Pennsylvania (1682–1790) in the context of changes in criminal laws: from the formal consolidation in the Code of Laws of 1682 of reformatories with hard labor to the organization in Philadelphia in 1790 of the first penitentiary house with a regime of solitary confinement.
It is defined that before the states gained independence, correctional houses, if they functioned in some cities, then as institutions of forced labor and the purpose of correction was not before them. The Revolutionary War for Independence had a decisive impact on the reform of the penal system, which resulted in the adoption of the state constitution, which contained a prescription to revise the penal system. The Criminal Law of 1786 established the main punishment for serious crimes as imprisonment combined with hard labour, but the regime of imprisonment did not change in any way, and public hard labour was recognized as ineffective.
It is established that the main actors in the further search for a model of serving a sentence of imprisonment in Pennsylvania were members of the Philadelphia Society for Alleviating the Miseries of Public Prisons. The main steps of the reformers in 1788-1790 were aimed at introducing legislative changes in the field of execution of punishments with an emphasis on solitary confinement based on the practical experience of reformatories in England and prison theory. As a result of the Society's initiatives, in 1790, An Act to reform the penal laws of the state was adopted, in which the main elements of the sentencing regime were hard labor and unremitted solitude in order to correct criminals and prevent new crimes. For this purpose, it was prescribed to build a separate building with single cells in the yard of Walnut Street Prison for the detention of dangerous criminals. The law established a mechanism for control and supervision of the prison, as well as regulated the regime principles of serving the sentence, which were largely borrowed from the experience of English workhouses.
Marketing Mix: Costumer Decisions in Choosing Simpeda Savings at Sulselbar Bank
Authors: Mahmud Amir , Nurmiati  
Published: February 2023

Penelitian ini berangkat dari permasalahan bahwa apakah marketing mix berpengaruh secara simultan dan parsial terhadap keputusan nasabah menggunakan prosuk simpeda. Tujuannya adalah mengetahui dan menganalisis seberapa besar pengaruh bauran pemasaran (7P) terhadap keputusan nasabah dalam memilih Produk SIMPEDA pada PT. Bank Sulselbar Cabang Utama Mamuju dan variabel yang paling dominan. Pendekatan penelitian ini adalah kuantitaif. Teknik penarikan sampel adalah sampling insidental dengan jumlah 100 responden. Hasil penelitian menunjukkan secara simultan variabel produk, harga, tempat, promosi, orang, bukti fisik dan proses berpengaruh positif dan signifikan terhadap keputusan nasabah dalam memilih Tabungan SIMPEDA pada PT. Bank Sulselbar Cabang Utama Mamuju. Sementara Hasil Uji T menunjukkan bahwa variabel produk, harga, promosi dan proses masing-masing secara parsial berpengaruh positif dan signifikan. Sementara variabel tempat, orang dan bukti fisik secara parsial tidak berpengaruh dan tidak signifikan. Adapun variabel yang mendominasi yaitu promosi berpengaruh positif dan signifikan dalam memilih Tabungan SIMPEDA pada PT. Bank Sulselbar Cabang Utama Mamuju.