bluuebunny/crossref_metadata_2025_split huggingface dataset:
Türkiye Tarihi Selçuklular Devri
Authors: AKMAN Kaan 
Published: June 2023

Türkiye’de Anadolu Selçuklu Devleti tarihi araştırmalarının Fuat Köprülü ile birlikte öncü isimlerinden biri olan Prof. Dr. Mükrimin Halil Yinanç, 1900-1961 yılları arasında yaşamış; araştırmalarını Türk Tarih Kurumu çatısı altında sürdürmüştür. Selçuklu araştırma dünyası iki ismin çalışmalarından sonra zenginleşmiş; Osman Turan, İbrahim Kafesoğlu, Mehmet Altan Köymen gibi diğer araştırmacıların katkısı ile Selçuklu tarihi hakkında geniş bir bilgi birimi oluşmuştur. Nitekim bu isimlerden biri olan İbrahim Kafesoğlu, Sultan Melikşah Devrinde Büyük Selçuklu İmparatorluğu (1949) adlı doktorasını Mükrimin Halil Yinanç’ın danışmanlığında tamamlamıştır. Yinanç, İstanbul
Üniversitesi’nde akademik araştırmalarda bulunmuş, Türk Tarih Tezi çalışmalarını yapan ekipte yer almasına rağmen bu çalışmalara muhalif tutumu nedeniyle katkı vermekten uzak durmuştur. Yinanç’ın çalışmalarının önemli bir bölümü Anadolu Mecmuası ile Târîh-i Osmânî Encümeni Mecmûası’nda yayınlanmıştır. 1015 yılından 1085’e kadar Anadolu’nun Türkleşme sürecinin anlatıldığı 1944 yılında yayımlanan Türkiye Tarih Selçuklular Devri I Anadolu’nun Fethi adlı kitabından başka telif eser bırakmamıştır. Yinanç’ın Anadolu tarihi üzerine araştırmalarının sonuçları Anadolu Mecmuası’ndaki Millî Tarihimizin Adı, Millî Tarihimizin Mevzuu ve Anadolu’nun Fethi gibi makalelerde yer almıştır.
Exploitation and Domination in Application
Authors: Barn Gulzaar 
Published: June 2023

As part of a book symposium on Nicholas Vrousalis' Exploitation as Domination: What Makes Capitalism Unjust (2023), Gulzaar Barn suggests that while Vrousalis' account provides a compelling story of why capitalist labour relations are unjustly exploitative, difficulties arise in its application to other cases such as surrogacy.
Legislation of the judiciary in the administration of justice, as a source of suffrage
Authors: Byelov D.M. , Bysaga Y.M. , Naturkach R.P. 
Published: June 2023

The article is devoted to the coverage of certain theoretical issues of electoral law of Ukraine. Attention is focused on revealing the terminological features of the category “sources of electoral law”. The opinions of a number of constitutionalist scientists regarding the analyzed concept are given.The author focuses his attention on the peculiarities of judicial law-making, as a special source of electoral law. It is indicated that individual decisions of courts of general jurisdiction, in modern conditions, should be recognized as sources of electoral law, provided that:
a) they contain norms-precepts that directly affect the regulation of social relations that are the subject of electoral law; b) the effect of these decisions extends to a significant range of subjects of electoral relations;
c) cause-and-effect (deterministic) relationships between the will of the court and changes in the behavior or activity of thesubjects for which the court’s decision has a relevant significance are clearly tracked.In addition, it is determined, based on logical reasoning, about the need to take into account the nature and place of the acts of the Constitutional Court of Ukraine in the process of analyzing the nature of legal positions, it is possible to assumean organic combination of the issue of attributing the acts of the Court and the legal positions of the Court to the sources of law. Therefore, the legal positions of the Constitutional Court of Ukraine have properties and features that can be characterizedas independent sources of law and the actual impossibility of unequivocally assigning them to any of the well-known sources of law. So, in particular, the legal positions of the body of constitutional justice express the will of the state (after all, they arise as an act of a state body); they are official and generally binding; they play the role of a normative basis in law-making and serve as a guideline in lawmaking and law enforcement for most subjects of legal relations; they have a universal character, that is, they are not the result of a decision and the subject of application in a specific case, but can also be used in similar or similar situations for the purpose of substantiating positions; legal positions are a reflection of legal certainty, and should beformulated in such a way as to prevent their unequal, distorted understanding or improper application; legal positions have a permanent nature, that is, when deciding the following cases, the Constitutional Court of Ukraine is guided by previously expressed legal positions.
Legal regulation of insurance relations under martial law: force majeure
Authors: Kondratenko K. , Machuska I.B. 
Published: June 2023

The article examines the specifics of the legal regulation of insurance relations in the conditions of martial law and the functioning of the insurance services market under the conditions of force majeure. On the basis of the analysis of scientific literature, regulatory legal acts, norms of current civil legislation and court practice, the peculiarities of providing insurance services under the condition of force majeure in the conditions of martial law were investigated.
The destruction of the housing stock and infrastructure, significant damage, which became the inevitable consequences of the war in Ukraine. It was established that the insurance institute is one of the effective mechanisms aimed at providing compensation and compensation for losses to citizens as a result of military operations. Insurance is aimed at protecting the property interests and safety of both individuals and business entities.
It is noted that the occurrence of insurance events related to the loss of housing stock and other property by citizens of Ukraine as a result of military operations after February 24, 2022, should not be a reason for refusing to pay insurance compensation.
It is proven that the introduction of the legal regime of martial law with the beginning of the war involves the possibility of limiting the constitutional rights and freedoms of a person and a citizen, the rights and legal interests of legal entities. At the same time, the fact of the introduction of martial law should not affect the validity of any transactions, including the validity of insurance contracts, and all rights and obligations of the parties remain valid.
Insurance contracts are valid regardless of the introduction of martial law in Ukraine, with standard force majeure clauses that apply to other types of contracts.
It is noted that the war in Ukraine belongs to force majeure circumstances (circumstances of irresistible force). It is established that insurance does not constitute any exception in the context of force majeure. It is noted that the parties to the insurance contract may refer to force majeure as a basis for releasing them from liability for non-fulfillment of the terms of the contract.
In order to improve insurance activities during the period of martial law, the National Bank, as a regulator in the market of insurance services, on February 27, 2022 recommended to insurers to simplify the procedure for settling cases that have the characteristics of insurance, by making maximum use of electronic documents and copies of necessary documents in case of impossibility or complications the possibility of obtaining their originals, as well as using other means of remote settlement of insurance cases.
Based on the results of the research, it is summarized that the market of insurance services in Ukraine during the period of martial law should work taking into account the emergence of new challenges.
Mechanism of legal convergence
Authors: Vasyliev S.V. 
Published: June 2023

On the basis of the analysis of scientific legal literature, a study of the mechanism of legal convergence was carried out, the definition and structural components of the specified mechanism were formed.
The mechanism of legal convergence is a dynamic, consistent, normative and organizational process aimed at the transformation of certain legal phenomena, which ensures effective interaction and convergence of the national law of individual states.
The main elements of the legal convergence mechanism include: forms, means, principles and types.
Subjects of legal convergence are not an element of its mechanism, but without subjects the mechanism does not fulfill its purpose, therefore a special role among subjects of legal convergence is occupied by subjects of law-making initiative, as well as law-making and law-enforcement activities, since they directly ensure processes of legal convergence.
Attention is drawn to the fact that the objects of legal convergence, as types of social relations that arise due to the convergence of legal phenomena, are also not part of the elements of convergence, but it is precisely because of the objects that legal convergence arises.
As objects of legal convergence, it is expedient to consider, for example, law-making, law-enforcement and interpretation activities, foreign and domestic political activities, foreign economic and domestic economic activities, etc.
The study of the elements of the mechanism of legal convergence and the practice of its application contributes to the development of the main regularities of the functioning of the mechanism of legal convergence in the modern process of legal globalization.
The theoretical significance of this study is that the provisions and conclusions contained in it allow to supplement and expand the field of scientific knowledge in the field of the theory of the state and law, as well as certain branches of law.
Legal Regulation of International Employment Relations in the Republic of Latvia, Republic of Lithuania, and Ukraine
Authors: Cherneha V. 
Published: June 2023

The article focuses on the analytical and comparative aspect of legal regulation of international relations in the Republic of Latvia, Republic of Lithuania, and Ukraine. Law of the Republic of Latvia, the Republic of Lithuania, and Ukraine applied to employment relations complicated by a foreign element is authentic. This authenticity means that first, each of the states has its own source of legal regulation of these private law relations with a foreign element different by titles and/or type of legal acts (the Labour Law in the Republic of Latvia, the Labour Law in the Republic of Lithuania, Law of Ukraine "On Private International Law"). Second, the conflict of laws provisions are different in the Republic of Latvia, the Republic of Lithuania, and Ukraine. The study presents the article-by-article digest of the Labour Law in the Republic of Latvia, the Labour Law in the Republic of Lithuania, Law of Ukraine "On Private International Law" meant for legal regulation of international employment relations. Thus, the Latvian legislators assign certain obligations to employers when it comes to seconding employees to work in the Republic of Latvia and abroad.
The Lithuanian legislators set: first, the rules to be applied to the employment relations with seconded employees; second, the specifics of regulation of employment relations in diplomatic missions and consular institutions of the Republic of Lithuania; third, the authentic approach to regulation of employment relations when it comes to water, air, and automotive vehicles; fourth, the rules to be applied to individual employment relations; fifth, the rules to be applied to collective employment relations.
The Ukrainian legislators point to, first, the authentic nature of legal regulation of employment relations with the Ukrainian nationals working abroad; second, the specificity of legal regulation of employment relations with foreigners and stateless persons working in Ukraine.
Prospective directions of investment of pension assets as a factor of economic development of Ukraine
Authors: Roshkanyuk V.M. 
Published: June 2023

It is indicated that both economic and social reforms have been stalled in Ukraine for a long time. For example, 25 years have passed since the adoption of the Fundamentals of Legislation on Mandatory State Social Insurance, 19 years since the Law of Ukraine "On Mandatory State Pension Insurance" and the Law of Ukraine "On Non-State Pension Insurance" partially entered into force. However, the situation in the field of pension provision has not fundamentally changed. We are proud of the diversity of types of social security, but the size of many of them does not meet the requirements of the Law of Ukraine "On State Social Standards and Guarantees", the European Social Charter, the Convention on Minimum Norms of Social Security and other normative acts. One of the reasons is populism in the adoption of laws in the field of social security, lack of economic analysis of the state's ability to fulfill its positive obligations. The negative effects of this approach for the legal system have been repeatedly pointed out by both domestic and foreign scientists, for example Cass Sunstein in the well-known publication "Against positive rights".
The idea of investing pension assets in land certificates did not materialize. However, investing in agricultural holdings is quite promising. The majority of Ukrainians are still against land reform and the open land market, as they fear that it will be used to steal land resources. If the population were sure that their savings would really be invested in the land business and they would receive their investment income from the results of economic activity in the agrarian sphere, then the emphasis of public opinion could be shifted in the direction of land reform.
These are only separate and far from exhaustive areas of potential investment. But the full implementation of the above-mentioned ideas requires the real completion of social insurance reforms and, in particular, the pension reform. For its legislative completion, it is necessary to cancel individual clauses of the transitional provisions of the Law of Ukraine "On Mandatory State Pension Insurance", make changes to the "guarantees" section and immediately put them into effect together with a new well-thought-out economic strategy. At the same time, investment of pension assets in highly profitable sectors of the economy should be carried out in clear correlation with the UN Guiding Principles on Business and Human Rights and the European Green Course.
Administrative and legal regulation in the field of providing educational services: best practices of foreign countries
Authors: Lytvynenko E.V. 
Published: June 2023

The article is devoted to the study of foreign experience of administrative and legal regulation in the field of education. Today, administrative regulation abroad is much more developed than in Ukraine. The concept of «administrative service» does not exist there at all, but is called «public services», since their services are provided by the public sector. The regulation of the provision of administrative services in European countries is governed by special legal acts that prescribe the consistent procedure for the provision of such services. Western countries pay special attention to the quality of education, it is emphasized that its observance is very important, education instills basic values in a person and shapes the future lifestyle. In Ukraine, the development of education and its development is facilitated by the activities of the Cabinet of Ministers of Ukraine, which developed the Sustainable Development Goals back in 2017. The article discusses examples of ensuring the quality of education in the Republic of Kazakhstan, Austria and Germany in the field of accreditation, certification and quality of education. The work examines the experience of Germany regarding the control of educational institutions by employers, as well as their participation in attracting students to higher education. Methods and regulatory regulation of religious education are considered. It is proposed to investigate and consider in detail the possibilities to investigate and consider in detail the possibilities of borrowing into our education system. Attention is paid to autonomy in educational institutions not only at the highest management level, but also in the middle of the educational institution, that is, for example, autonomy in universities at the level of faculties. The experience of the USA regarding financing is considered. Most educational institutions give up funding for the opportunity to have independence in decision-making. An approach to the financial support of teachers should be learned from the experience of Japan. The PRC has a good practice in financing higher education institutions, where only those who rank highest in international rankings for scientific activity are financially encouraged. They also have special programs funded by the government to attract the best teachers and graduates.
On the basis of a systematic study of this issue, it was suggested to investigate in more detail the positive achievements in the field of education and, if possible, to start introducing it into the national education system.
Accountability and controllability of local government bodies under the conditions of the reform decentralization of power
Authors: Minakova Ye.V. 
Published: June 2023

The article substantiates the relationship between the principles of accountability and control of local self-government bodies in the conditions of the reform of power decentralization. The legal support of these principles, as well as their correlation, is analyzed.
Issues of controllability and accountability of local self-government bodies are actualized in the conditions of decentralization of power in Ukraine. The role of the state in the management of community affairs is significantly narrowed, as is the control of state authorities over the legality of the activities of local self-government bodies. This, in turn, shifts the burden of such control to the community, civil society institutions, and individuals and legal entities. In such conditions, the development of public control in the state as a whole and complex institution is actualized, as well as the content of accountability as a control tool is transformed and expanded.
Increasing the influence, expansion of resources and powers of local self-government bodies requires appropriate balancing on a democratic basis. Accountability and control become important in the context of ensuring the responsibility of local self-government bodies, the strengthening of which is due to the decentralization of power.
Accountability as a principle of local self-government is not limited exclusively to the obligation to periodically report on the activities of municipal bodies or officials, it is a system of specific relations between accountable and authorized subjects, the goal of which is the real achievement of openness and democracy. Controllability means that the activity of a certain subject is subject to control - by state bodies, civil society, and internal control subjects.
These democratic principles of local self-government did not receive effective and perfect legal implementation mechanisms. The discretionary powers of local self-government bodies allow for the regulation of relevant procedures in the charters of territorial communities, but this does not happen due to their low initiative.
Compliance with principle the rule of law, as an important component of the protection of human rights, in the application of legal norms by state authorities
Authors: Fedina N.V. , Povalena M.V. 
Published: June 2023

In any modern democratic and legal state, to which Ukraine currently belongs, an important place is given to the understanding and implementation of the rule of law in social relations, that is, it occupies a dominant role in legal relations. In Ukraine, the rule of law principle is defined and operates, which is clearly stated in Part 1, Art. 8 of the Constitution of Ukraine. Therefore, this principle requires the state to implement the rule of law in law-making and law-enforcement activities. It is important to note that the ideas of freedom, equality, and social justice, which in the international community are considered the greatest values ​​in the protection of human rights, must first of all be enshrined in state laws.
But what is important is the fact that law is not limited to legislation as one of its forms, as well as the manifestation of the supremacy of law is that it also includes other social factors, including customs, traditions, moral norms, etc., which were directly formed historically - cultural level of development of society and being legitimized by the state became effective regulators of social relations. All of the above-mentioned elements of law have been enshrined in the Constitution of Ukraine, which correspond to the idea of ​​law, the ideology of justice, that is, they were united by quality for the improvement of the legal system of the state.
It is worth paying attention to the fact that justice is one of the universal dimensions of law, one of its main foundations and is decisive in the defined rights as a regulator of social relations.
Therefore, justice and equality, the main constitutional principles from which the requirement of quality, ambiguity and certainty of the legal norm is noted, do not exclude the unlimited interpretation in the practice of law enforcement, since its equal application cannot always be ensured and therefore it inevitably leads to arbitrariness.
Therefore, the law can sometimes be unjust and sometimes limit the equality and freedom of a person, so the understanding of the rule of law does not give good reasons for its comparison with the law. Every person's right to freedom, honor and dignity is protected by the court, which exercises judicial control over the observance of the rule of law, a fundamental principle of a democratic society.
Community Supported Fisheries: Diverse Strategies of Direct Sales Practices in Istanbul’s Small-Scale Fishing Cooperatives
Authors: ERTÖR Irmak , ERTÖR AKYAZI Pınar , YENİEV Gökçe 
Published: June 2023

Purpose: This article aims to understand diverse forms of direct sales practices of small-scale fishers in Istanbul, Turkey. The research focuses on small-scale fishing cooperatives in Istanbul and examines their livelihood strategies from the perspective of Community Supported Fisheries models.
Design/Methodology/Approach: We have used qualitative research methods and conducted 34 in-depth interviews with representatives from 19 small-scale fishing cooperatives in Istanbul as well as from NGOs, researchers and Istanbul Metropolitan Municipality.
Findings: We found that small-scale fishers and their cooperatives are suffering from economic, ecological, and political pressure of industrial fisheries and industrialized food system, and they use diverse forms of livelihood strategies in order to confront these challenges. In Istanbul, we scrutinized these diverse models and examined their benefits, challenges, and limitations as well as discussed their links to different Community Supported Fisheries practices from around the world.
Originality/value: The study thus contributes to literatures on agricultural and fisheries economics, political economy, and small-scale fishing governance with a specific focus on community supported models used in agriculture and fisheries.