bluuebunny/crossref_metadata_2025_split huggingface dataset:
Grounds for invalidating marriage contracts: legal positions of the supreme court and risks in martial law
Authors: Mendjul M. 
Published: February 2023

The article provides a comparative analysis of the grounds for declaring marriage contracts invalid, taking into account the legal positions of the Supreme Court before martial law and taking into account modern risks. It is noted that in the doctrine of private law in general and family law in particular, the approach to recognizing a marriage contract as a transaction with a complex legal nature, which is regulated both by the norms of the Family Code of Ukraine, and subsidiarily by the provisions of the Central Committee of Ukraine, is already established. In order to find out the requirements for the validity of the marriage contract, the grounds for declaring it invalid, the provisions of the legislation, the legal positions of the Supreme Courtcontained in the resolutions issued during the consideration of family cases both before the war and during martial law were analyzed. The requirements for the content of the marriage contract were studied.
It has been determined which legal norms determine the grounds for the invalidity of a marriage contract and which requirements the parties must comply with when concluding a marriage contract. The following grounds for invalidating a marriage contract are distinguished: violation of the notarial form of the contract; improper subject composition; reduction of the scope of children’s rights established by the SC of Ukraine; the inclusion of conditions that put one of the spouses in an extremely unfavorable financial situation or the conclusion of a marriage contract under the influence of a grave circumstance; concluding a marriage contract under the influence of error, deception or violence; violation of the law by the marriage contract. It was revealed that a fairly significant number of cases are considered by the Supreme Court regarding the recognition of the marriage contract as invalid due to the inclusion of conditions that put one of the spouses in an extremely unfavorable financial situation.
It is substantiated that the rulings of the Supreme Court issued during the war in Ukraine confirm the consistency and stability of judicial practice regarding the analysis of the content of marriage contracts both in the conditions of the pre-war period and during martial law. Martial law is not a reason for the parties to deviate from the legal requirements regarding the content of the marriage contract. It is proposed to amend Article 103 of the Criminal Code of Ukraine and to present it in a new version.
The concept of limited mobile objects: civil-legal aspects
Authors: Shlyakhovska І. 
Published: February 2023

The right of ownership and the possibility of using his property for purposes that do not contradict the law, in particular, for entrepreneurial and other activities not prohibited by regulatory and legal acts has been guaranteed to every person. The prescriptions of the legislation regulating public and private relations, in their totality, have created legal limits of the turnover of objects of civil rights, which have been implemented on the main principles and legal principles. At the same time, the issue of limited turnover objects remains an understudied domestic science.
Only the state, represented by its legislative body, is the subject authorized to determine which objects of civil rights are subject to restriction in civil turnover. At the same time, it should be taken into account that the definition of limited turnover objects is the quintessence of maintaining a balance between public and private interests, and therefore the establishment of special conditions for the turnover of a specific object must be considered and justified.
In the article, it has been proposed to understand limited movable objects as an independent variety of objects of civil rights, which are capable of passing from one person to another, but due to their specific properties and/or special characteristics, combined with the need for protection from the state, can belong only to certain traffic participants or to be in civilian traffic only under the condition of obtaining a special permit. Also, in view of the provisions of the Civil Code of Ukraine, it seems incorrect to define the types of limited turnover objects at a normatively lower level than the law. Considering this, we support the approach according to which, in order to ensure the certainty of legal regulation, it is necessary to adopt a special law, which will establish a list of restricted objects or bodies that will determine their belonging to restricted circulation.
Constancy of the property rights and the seizure of assets and corporate rights of russian companies: legal regulation in Ukraine and the experience of EU countries
Authors: Yaroshenko M. , Bondarenko E. 
Published: February 2023

In the process of modern state-building processes, the European integration of Ukraine, as well as negative phenomena unfolding as a result of Russia’s armed aggression, the right to property, as one of the fundamental constitutional rights, is subject to restrictions and transformation. Constitutional scholars agree on the priority of improving the system of guaranteeing the inviolability of property rights, taking into account the balance of national interests. The article analyses the legal novelty of the seizure of assets and corporate rights of Russian companies and natural persons in Ukraine through the prism of the institute of the property rights in national law and the system of international human rights law. The general shortcomings of the existing legal construction are examined, as well as the existing practice of its application as a practical measure.
The purpose of the research is to clarify the content of the guarantee (principle) of the inviolability of property rights, as they are enshrined in the Basic Laws of Ukraine, Poland and Germany. The methodological basis of the research consists of general and special legal methods of scientific knowledge, namely: system-structural method, comparison method and logical-legal method. The results. The article analyzes the constitutional guarantees of the inviolability of property rights on the example of Ukraine and EU countries. It was established that the provisions of the Basic Laws, which establish standards in the field of property rights, have a heterogeneous and unsystematized presentation. The structure of “seizure” of corporate rights is compared with the criminal seizure of property and the civil construction of alienation of property rights. Based on the practice of the European countries and USA in the potential seizure of assets of Russian oligarchs, it is proposed to replace the existing mechanism, with the criminalization of the violation of the sanction regime imposed on Russian assets within Ukraine, with simultaneous introduction of the institution of urgent use of property for socially significant purposes, which will allow it to be used today, in order to ensure the use of the property for public purposes, and will confirm the determination of the Ukrainian people in the course of building a European, legal state, which comply with fundamental human rights, is determined to the principle of rule of law, legality, and will ensure its contribution in increasing the country’s image and investment attractiveness.
To the issue of legal stimulation of labor activity of employees
Authors: Vakariuk L. 
Published: February 2023

The article states that in the conditions of a market economy it is important to have effective means of influencing labor relations, which would correspond to the mechanism of the market economy. One of such effective means of influence is a legal incentive. Legal incentives are the basis for the introduction of a stimulating regime for the development of the creative nature of work, interest in the results of one's work. With the help of incentives, it is possible to eliminate various problems that arise in the process of work and interaction of the parties to labor relations, strengthen labor discipline, increase the efficiency of work and enterprise management.
It is emphasized that the essence of legal incentives and their impact on the consciousness of employees is carried out with the help of the informational and psychological side of legal regulation. From the point of view of psychological influence, the importance of means of stimulation lies in the fact that they contribute to the awareness of the continuously acting cause-and-effect relationship between productive labor activity and material situation, which in turn encourages the employee to carry out his labor activity in accordance with the requirements of the labor law regime.
It is noted that the incentive regime is the application of legal incentives, their impact on the interests of employees. It influences not only the external behavior of the employee in the work process, but also his inner world - intelligence, subconsciousness, emotional and sensory sphere. The legal incentive is a motivating factor for the motivation of the employee's work, creates a stimulating regime in the enterprise, institution, organization to satisfy his interests and acts as a meaningful element in the functional characteristics of the latter. It is emphasized that such a regime is aimed at a purposeful change in the employee's behavior during the work process, during the performance of the work function in order to satisfy both his own needs and interests, as well as the needs and interests of the employer. The incentive regime operates only with positive means: incentives, benefits, permits, and therefore does not include means of a negative, unfavorable nature: obligations, prohibitions, restrictions.
Legal regulation of employee internship as a manifestation of labour mobility
Authors: Lutsenko O. 
Published: February 2023

In the article, the author proves that an internship can manifest an employee’s labour mobility when it is carried out within the framework of employment relations as a qualification improvement, additional activity, and flexibility of the employee in professional development and growth. Internship of employees is carried out with the aim of gaining practical experience of the person in the performance of production tasks and duties at the workplace at the enterprise after theoretical preparation before starting independent work under the direct supervision of an experienced employee. The internship is also one of the components of high-risk employment, and can also be the basis for obtaining a permit (certificate, license, etc.) to carry out a certaintype of professional activity.
The article establishes that a special legal mechanism for internships is provided for employees of certain categories, for example, for civil servants, academic staff and pedagogical employees, etc.
It was determined that the purpose of the internship is for a person to gain practical experience in performing tasks and duties at the workplace before starting independent work under the direct supervision of an experienced specialist or already in the process of working with the aim of expanding the list of professional competencies, i.e. as a manifestation of the employee’s labour mobility.
In the article, the author argues that the condition of an employee’s internship should be specified in the employment contract. And therefore, this would mean that this condition would be an additional condition of the employment contract, and after its conclusion, it would, accordingly, become mandatory for the parties to perform. And as a result, the relationship that arose during the fulfilment of this condition is labour, and the contract would not be recognized as a contract for the provision of services.
If the internship condition did not arise during the conclusion of the employment contract, but later, in such a case, we believe that an additional agreement should be concluded to the employment contract, in which the internship condition should be prescribed. If internships were to be regulated in this way, then, firstly, it would guarantee labour mobility for employees, secondly, the relations that arose during such an internship would be regulated exclusively by the norms of labour law, and accordingly, responsibility would follow under the labour legislation. thirdly, it would protect employers from non-fulfilment of the conditions for completing an internship and working for a certain period of time at this particular employer who paid for the internship.
Global trends in general approaches to victimological crime prevention
Authors: Koval’ M. 
Published: February 2023

Victimogical ideas were born several thousand years ago. Self-defence of a potential victim at the dawn of humanity was the main method of crime. Then, as other mechanisms for social evil appeared and developed, self-defence became one of the problems of the victim himself. The state and society, trying to protect the individual, developed other measures that did not require the participation of the victim in their logical analysis, which addressed to such phenomena as crime, criminal.
The preventive role of law consists in regulating spheres of social life, during which existing criminogenic factors are either eliminated or their action is seriously hindered. The law cannot destroy the economic, social, and cultural causes and conditions of crime, but it can influence their negative manifestations: localize, block, and organize appropriate counteraction to negative phenomena and processes.
Accelerating the processes of European integration requires the introduction into law enforcement practice not only of modern forms and methods of combating crime, but also standards of protection of human rights and freedoms recognized by the world community. Real democratic transformations are inseparable from the humanization of social relations because a person, his life and health, honour and dignity, inviolability and security are recognized as the highest social value.
Currently, in several European countries, including Great Britain, the Netherlands, and France, the situational form of prevention is part of the official crime prevention policy. Despite this, there are concerns that “the use of this approach to crime prevention will have wider societal consequences of limiting freedom and unequal access to the positive outcomes of crime prevention.”
Analysis of modern global trends in crime prevention shows that in the vast majority of states it is carried out with the help of “official” systems of fighting crime, i.e., law enforcement agencies and criminal justice.
Legal regulation of enforcement cooperation within the EU
Authors: Zadorozhna S. 
Published: February 2023

This article is devoted to the analysis of the legal regulation of law enforcement cooperation within the EU, where there is an integral system of organizational, legal, technical and informational mechanisms that allow the member states and the European Union in general to achieve effective results in the protection of security on the territories of the EU as a whole and state- members in particular. Three main areas, namely the European Multidisciplinary Platform Against Criminal Threats (EMPACT), the problem of unification and harmonization of legal regulation of cross-border cooperation, for example within the framework of joint investigative operations, the activities of special supranational institutions in this field in the article is being investigated. In particular, the content of the fundamental regulatory act in this area was analyzed - the Code of Police Cooperation, which establishes the legal regulation of cross-border harassment and surveillance, the procedure for conducting joint investigative operations and establishing joint training and professional development. Considerable attention is dedicated to the problem of the common information space of law enforcement cooperation, within which the SIS information system was created, the SIRENE bureau operates, and a number of other supranational tools. The European practice of combating modern challenges of criminal and legal threats is studied in the article as an example of high standards of law enforcement cooperation in the fight against cross-border crime and guaranteeing the safety of human life for Ukraine. In order to introduce such standards, a holistic study of the entire legal array regulating the cooperation of law enforcement agencies within the EU is necessary, with the aim of harmonizing the law of Ukraine in accordance with the Association Agreement, in particular, Chapter III "Justice, Freedom and Security". On the other hand, Ukraine should become a pillar of European security, given the incredible threat to Europe from the aggressor country Russia. Europe seriously thought about its security and the formation of a joint army and rapid response forces. That is why the security of Europe today depends on the joint close cooperation of the EU and Ukraine.
Implementation of the law enforcement function of the state by the prosecutor’s office: a mechanism for ensuring constitutional security
Authors: Byelov D. , Shved І. , Bielova M. 
Published: February 2023

It is indicated that over the past 10 years, the issue of ensuring the security of the state has become particularly relevant for domestic legal science, primarily because during this period the foreign policy conditions of our state’s existence have become significantly more complicated, which has led to internal problems (the attack of the Russian Federation on the territory of independent Ukraine). Thus, in the modern socio-economic and political conditions of the functioning of our state, the problems of ensuring its security become particularly acute. Article 17 of the Constitution of Ukraine states that the provision of state security and the protection of the state border of Ukraine are entrusted to the relevant military formations and law enforcement agencies of the state, the organization and procedure of which are determined by law. Therefore, ensuring the security of the state is regulated at the legislative level and is carried out by specially authorized entities. Thus, from the point of view of constitutional law, it is important to study the status of the prosecutor’s office in interaction with other state authorities, however, from the point of view of the theory of constitutional security, we turn to the most important tasks of maintaining domestic stability, constitutional security, and observing the foundations of the constitutional system of Ukraine.
It has been determined that the fact that the study of the conceptual and legal foundations of the state law enforcement service in our country is aimed at understanding it as an object of management, determining its essence and structure, as well as substantiating the requirements for the future is indisputable.
The authors come to the conclusion that, speaking about the provision and implementation of the law enforcement function of the state, one should agree with the opinion of V. Volynets, that as such - that is, in the most general aspect - is inherent to almost all state authorities without exception, regardless of their affiliation to one or another branch state power. At the same time, in our opinion, among a number of state bodies that exist in any country, there are only a few for which the implementation of the law enforcement function is the basis and core of their activity, which are the prosecutor’s offices.
Реалізація кримінальної відповідальності учасників злочинних організацій за злочини у сфері обігу наркотичних засобів, психотропних речовин, їх аналогів і прекурсорів
Authors: Vozniuk A. , Budik І. 
Published: February 2023

The article examines the peculiarities of bringing members of criminal organizations to criminal liability for crimes in the sphere of trafficking in narcotic drugs, psychotropic substances, their analogues and precursors, assigning them punishment, concluding plea agreements with them, as well as applying exemption from punishment and serving it.
According to results of the study of sentences handed down during 2008–2022, a fairly significant share of crimes committed by criminal organizations in the sphere of trafficking in narcotic drugs, psychotropic substances, their analogues and precursors was established – about 40%. Arguments are given regarding the probable explanation of this fact. Acquittals were issued for 13.6% of the defendants due to the failure of law enforcement agencies to prove that a person committed the crime provided for in Art. 255 of the Criminal Code of Ukraine.
The analysis of the results of imprisonment for a certain period of time shows that 51.4% of convicts are sentenced to a milder punishment than provided by law (with the application of Article 69 of the Criminal Code of Ukraine), and 92.7% of convicts are sentenced to either the minimum possible punishment within the sanction of Art. 255 of the Criminal Code of Ukraine, or even lower than the lowest limit established by the sanction of this article. Quite often, plea agreements are concluded with such subjects (57.1%). Since 2017, these agreements have been concluded with 95.2% of convicts. Almost 40% of convicts actually do not serve a prison sentence for a certain period of time, because they are released from serving a probationary sentence. At the same time, the duties imposed on those released do not always contribute to the correction or re-education of convicts. Proposals for solving these problems are made.