bluuebunny/crossref_metadata_2025_split huggingface dataset:
Some issues of legal regulation of transplantation of anatomical materials to humans
Authors: Balynska O.M. , Zaiats O.S. 
Published: June 2023

The Constitution of Ukraine established that a person, his life and health are recognized as the highest social value in our state. In addition, everyone is guaranteed the right to health care, medical assistance and health insurance. At the same time, the issue of researching the legal regime of various objects of civil legal relations, including anatomical materials, biological materials, donor organs, etc., in the conditions of updating the civil legislation of Ukraine and the intentions of recodification, taking into account their special importance, have acquired the special relevance.
Transplantation is a special method of treatment, which consists in transplanting human anatomical material from a donor to a recipient and is aimed at restoring human health. Every adult with legal capacity has the right to give written (electronic) consent or non-consent to the removal of anatomical materials from his body for transplantation and/or the manufacture of bio-implants after the determination of his condition as irreversible death (brain death or biological death) in accordance with the law. The identity of the donor should not be known to the recipient, and the identity of the recipient to the donor's family, except when the recipient and the donor are married or are close relatives.
By their legal nature, consent or non-consent to donation are acts. After all, it is legally established that they must be done in writing, in particular in electronic form, in the order determined by the Cabinet of Ministers of Ukraine. Such transactions are unilateral and are not subject to notarization, and there is no requirement to certify the authenticity of a person's signature by a notary public.
In has been concluded in the article about the expediency during the recodification of the detailed regulation of the legal regime of anatomical materials, organs, biological materials, reproductive cells, etc., with mandatory consideration of the identified problems of law enforcement and modern progress.
Some aspects of providing psychiatric aid for a person in compulsory order according to the civil procedural legislation of Ukraine
Authors: Kutsyk K. 
Published: June 2023

The article examines some aspects of providing psychiatric aid for a person in compulsory order according to the civil procedural legislation of Ukraine. In particular, the current legal norms, which regulate the procedure for conducting a psychiatric examination, providing outpatient psychiatric care, and hospitalization in a psychiatric care facility in the event that a person does not gives his informed consent to this, are analyzed.An analysis of the proposed legislative initiatives in this direction was also carried out, based on the relevance of the issue of ensuring the rights of persons with signs of a mental disorders.
It has been established that providing psychiatric aid for a person in compulsory orderpredictedto a person in compliance with the Law of Ukraine «On Psychiatric Care» and in accordance with the provisions of the Civil Procedure Code of Ukraine. At the same time, consideringto certain imperfections, some of it’s norms need to be updated, which is due to the need to respect the rights of the individual, the patient, as well as the presumption of mental health.
The legislative initiatives considered in the article regarding to the optimization of civil procedural legislation, which provide for the expansion of the list of subjects of appeals to the court with an application for compulsory psychiatric examination of a person, are fully justified and expedient. However, the provisions regarding the capabilityof an opportunity to carry out a preliminary assessment of a person's mental state by a doctor with any medical specialty, as well as the extension of the deadline for considering an application for a compulsory psychiatric examination of a person, which excludes the urgency of providing psychiatric aid for a personwithouthis informed consent, are debatable.
The legislators took into account certain problematic aspects that arise in the course of civil proceedings during the consideration of the specified category of cases, however, it would be expedient to provide into the norms of the current legislation effective mechanisms for observing the confidentiality and safety of persons with signs of a mental disorder, as well as to establish the right of a person who is providedcompulsory psychiatric care (or its representative) to refuse such care.
Control of the Use of Property in the practice of the European Court of Human Rights
Authors: Semerak O.S. , Manzyuk V.V. , Zaborovskyy V.V. 
Published: June 2023

The article is devoted to the study of the concept of expropriation of property in accordance with the practice of the European Court of Human Rights. In particular, such concepts as control over the use of property and confiscation of property are considered.
It was found that the provision of Article 1 of Protocol 1 to the 1950 European Convention on Human Rights consists of three separate prescriptions, in particular: the rule is of a general nature and establishes the principle of unhindered use of property; refers to deprivation of property and conditions it under certain conditions; it is recognized that the Contracting States have the right, inter alia, to control the use of property in accordance with the general interest, by applying such laws as they consider necessary for this purpose.
A state party to the Convention has the right to enact such laws as it deems necessary to control the use of property in accordance with general interests. That is, it provides an opportunity to independently judge the need for such a law. At the same time, a minimum legal framework, including an appropriate forum, must be maintained to enable those who claim that their rights have been violated to effectively assert and enforce their rights.
Any state interference with such a right must be lawful and a fair balance between private and public interests must be observed. Achieving a fair balance means that in every case involving an alleged violation of this norm, it must be established that the person does not bear an unreasonable and excessive burden because of such actions or inaction of the state. Legitimacy means that the state's intervention in property rights must be carried out by ensuring compliance with laws that must be sufficiently accessible, precise and predictable in their application.
We have come to the conclusion that any interference by the state authorities in the right to peaceful possession of one's property can be justified only if it is not only legal (taking into account the instability, in particular, of domestic laws with their negative temporal property) but also corresponds to public interests by means reasonably proportionate to the goal to be achieved.
Protection of the person’s reproductive rights in Ukraine and in the European countries
Authors: Parasiuk V. , Оnyshko О. 
Published: June 2023

Reproductive rights reference to related human rights and freedoms goes to a basic right - the right to life and the continuation of the human race. They are based on the recognition of the fundamental rights of individuals and couples who independently decide the number, time intervals and possible ways of having children. Reproductive rights involve making procreative decisions in a non-discriminatory manner without interference from society, the state or any other subjects. The evolution of reproductive rights shows that at the initial stage of development it was important to identify and specify the scope and content of the basic right related to the parents' decision regarding the planned number of children and the time intervals between their births. This is a fundamental right that relates to making a decision about one's own fertility, so such rights can be defined as paternity and maternity rights.
Reproductive rights can also be perceived as a special type of freedom associated with the possibility of self-determination and the right of a given person to control all aspects of his/her health. For this reason, it is important to ensure the implementation of reproductive rights without violence and coercion. In this context, the state needs to create the national mechanisms to effectively combat forms of sexual violence, including domestic violence, sexual exploitation of women and girls, sexual slavery and exploitation, forced prostitution and sexual harassment, trafficking in women and children. Violence should not be justified by moral, cultural or religious considerations. Reproductive decisions should be made without discrimination. The possibility of free exercise of reproductive rights is especially important for women for the growth of their role in the economic and political life of society and the state. In this regard, a woman's ability to independently make decisions regarding the disposal of her own body, the birth of children or not is evaluated as a basis for the exercise of other rights by women.
Exercise and Protection of the Right to a Fair Price for the Compulsory Sale of Shares in Case of a Dominant Controlling Stake Purchase in the Conditions of Corporate Legislation Amendment.
Authors: Tsikalo V.I. 
Published: June 2023

The paper deals with peculiarities of exercise and protection of the minority shareholders right to a fair price for the compulsory sale of shares by them in case of purchase of a dominant controlling stake by another shareholder (shareholders) in the conditions of corporate legislation amendment.
In the process of exercising the right to compulsory redemption of shares by the owner of a dominant controlling stake (more than 95 percent of common shares), issues arose related to the violation of the right of the remaining minority shareholders to receive a fair price for the compulsory sale of shares. The problem in exercising the right of shareholders to have their shares purchased at a fair price by the owner of a dominant controlling stake is caused by the wrong wording of Art. 95 of the Law of Ukraine "On Stock Companies" regarding the need to involve a subject of professional appraisal activity, which violates the general rule established by the law on the highest price. Thus, considering paragraph 2, part 3 of Art. 95 of the Law of Ukraine "On Stock Companies", the market value of compulsory redemption shares must always be determined by the subject of professional appraisal activity, regardless of whether the shares circulate on organized capital markets or not.
In order to overcome the obstacles to exercise of the right to a fair price for the compulsory sale of shares established by the shareholder law, it is necessary to exclude from it the provision on the mandatory involvement of an appraisal activity subject in case of an independent appraisal of the value of the partnership's shares at the request of minority shareholders who own 5 percent or more shares (in the case provided for by Article 95 of the law, more than 1 percent of the partnership's shares).
The method of protecting the right to a fair share price in case of purchase of a dominant controlling stake, developed in judicial practice, was enshrined in Art. 95 of the newly adopted Law of Ukraine "On Stock Companies". Thus, according to part 21 of this article, shareholders who believe that the mandatory sale price does not meet the requirements established by parts five to seven of this article have the right to apply to court with a demand for recovery from the claimant for compensation of the proper value of the shares, purchased from them in accordance with such claim.
Types of social services for homeless people
Authors: Mokrytska N. P. 
Published: June 2023

The article examines the types of social services provided to homeless persons in accordance with the Law of Ukraine "On Social Services". On the basis of the analysis of legislative norms and scientific developments, the need to apply a comprehensive approach to the functioning of the system of providing services to homeless persons is substantiated, taking into account the state social standards, which determine the procedure for providing appropriate social services for persons who find themselves in difficult life circumstances.
It was found that homeless persons are recipients of such social services as shelter, night shelter, supported accommodation of homeless persons, social integration and reintegration, and in-kind assistance. At the same time, the legislation of Ukraine provides for the possibility of applying to homeless persons such types of social services as information and social prevention, representation of interests, social support during employment and at the workplace, representation (mediation).
Given the fact that the only social service within which emergency medical assistance is provided on the street is emergency (crisis) intervention, it is necessary to recognize homeless persons as its recipients. It is also proposed to supplement the list of social services for homeless people with social and psychological rehabilitation.
Attention is focused on the need to harmonize the provisions of Art. 17 of the Law of Ukraine «On the Basics of Social Protection of Homeless Persons and Homeless Children» and Art. 16 of the Law of Ukraine «On Social Services» regarding the types of social services provided to homeless persons. It has been proven that temporary shelter, social, medical, legal, educational, and rehabilitation services for homeless persons in the sense of the provisions of the Law of Ukraine «On Social Services» are not provided for. Therefore, it is suggested that the provisions of Art. 17 of the Law of Ukraine «On the Basics of Social Protection of Homeless Persons and Homeless Children» in the following wording: «Homeless persons have the right to social services and rehabilitation in the order and under the conditions determined by the legislation of Ukraine.»
Current issues of international legal regulation of the protection of personal data of employees
Authors: Fedocenko N. , Spitsyna H. 
Published: June 2023

The article discusses the problems of protecting personal data of employees from the beginning of submitting their resumes as a job seeker to their dismissal. The authors of the article analyzed and considered the regulation of this issue in the General Regulation of Personal Data Protection. During the study of the topic of the article, the methods of structural analysis and synthesis were used to divide the received information into separate structural units and systematically combine various aspects of the information into a single structured system of presenting information regarding the features that were initiated directly by the General Regulation on the Protection of Personal Data. Special attention was also paid to the legislation of Ukraine on the protection of personal data of employees. The topic of protecting employees' personal data is relevant and timely, especially in the era of digital transformation and the growing use of technology in work processes. On the one hand, the increased use of digital tools makes the work of employees easier and faster, but it also leads to an increase in the amount of personal data that is collected and processed by the employer's company. This can become a problem for the privacy of employees who have the right to protect their personal data. On the other hand, large companies can be the target of hacker attacks that aim to steal the personal data of employees and lead to serious consequences such as the theft of identity data, financial data and other sensitive data. The authors of the article concluded about the need to introduce a separate independent institution that will act as a guarantor of personal data security.
In order to systematize and efficiently process the personal information of employees, in the conditions of globalization processes, employers or employees of the personnel department regularly use applications, programs, websites with the ability to process data arrays, including personal data of employees. Therefore, the use of modern technologies can cause considerable harm to the employee. The authors of the article investigate the mechanism of how to protect data and the regulation of the protection of this data, both from the practical application and the legal regulation of this issue.
Actual issues of activity of the system of probation bodies in the conditions of martial law
Authors: Levchenko Yu.O. 
Published: June 2023

The article is devoted to the study of current issues of the activity of the system of probation bodies in the conditions of martial law in Ukraine. The peculiarities of the implementation of the tasks of the probation bodies at the current stage are considered, attention is focused on the problematic issues of regulating the activity mechanism of the specified institute by regulatory and legislative acts. It has been established that, to date, the issues regarding the use of remote forms of influence and control over probation subjects, as well as measures regarding the introduction and use of mobile applications, which require further improvement both in practice and in the relevant legal regulation, remain unresolved. Despite the permanent improvements in the system of the authorized body on probation issues, it must be stated that today in Ukraine there is actually no unified state policy on countering the commission of criminal offenses by persons who are on the records of authorized probation bodies on the occupied territory of our state. It was determined that in order to increase the efficiency of the system of probation bodies, it is also necessary to improve activities related to control and social-educational work in relation to subjects of probation, in order to further prevent them from committing new criminal offenses. It is also necessary to resolve the issue of personnel support for the staff of the probation authority of individual regions. In connection with the change of place of residence, the number of probation subjects registered with the probation authorities in the central and western regions of Ukraine increased, which reduced the possibility of properly conducting probation work due to the insufficient number of personnel.
In addition, in the modern conditions of martial law, one of the tasks assigned to the activity of the probation service is the creation of improved new conditions, controls, as well as restrictions and obligations for persons who are registered in the occupied territories, as well as the improvement of social educational work with the aim of ensuring their reintegration into society and increasing the social efficiency of activities.
General characteristics of organized crime in the Black Sea region of Ukraine
Authors: Dzhelilova M.A. 
Published: June 2023

The article is devoted to the study of the general characteristics and peculiarities of organized crime in the Black Sea region of Ukraine. The relevance and practical significance of research on this type of crime is proven, the essence of the strategic importance of the Black Sea region in the context of the spread of the investigated type of crime is determined. Establishing the specificity of the phenomenon of organizedcrime in the Black Sea region is methodologically carried out through the definition of the concept and signs of organized and regional crime. Socio-economic prerequisites for the determination of crime in the border region of Southern Ukraine are indicated. It is proved that at the present time, organized crime in the South of mainland Ukraine is characterized by professionalization, armed forces, cross-border connections, the presence of well-established corruption schemes of interaction with representatives of the power sector, and a pronounced economic component of self-interest.Statistical data on the spread of organized crime on the territory of Ukraine for the period of the last five years (2018-2022) are analyzed. The primary influence of historical, geographical and cultural systems of territorial factors of crime on the peculiarities of the development of regional crime in the Black Sea region is noted. The author suggests that such factors include geographical location, features of formation, specifics of transportand industrial infrastructure, demographic features, traditions and customs of the local population, etc.It is argued that organized crime in the Black Sea region acts as an independent complex phenomenon, which is characterized by criminal practices of weapons distribution, traffic and distribution of a wide range of narcotic and psychotropic substances, smuggling, economic and corruption criminal offenses.
Concepts and features of international legal standards of human rights
Authors: Nalyvaiko O.I. , Bratishko N.A. 
Published: June 2023

The article examines exclusively the legal basis of international legal standards of human rights.Different approaches to the interpretation of the concept of international legal standards of human rights are analyzed. After all, in the modern world, when the problem of human rights has gone far beyond the boundaries of an individual state, there has been a need to create universal international standards, which are also defined as basic human rights. The main features of international legal human rights standards are highlighted, which are reflected in the following definition of the concept of these standards: international human rights standards are fixed in international acts and documents, textually unified and functionally universal principles and norms, which through the mediation of very abstract, mostly evaluative, the term-concept captures the minimally necessary or desired content and scope of human rights, conditioned by the achieved level of social development and its dynamics, and also establishes the positive obligations of states regarding their provision, protection and protection, and provides for sanctions of a politico-legal or political nature for their violation.The peculiarities of international legal standards of human rights and their classification are revealed.The issue of ensuring the rights and freedoms of a person and a citizen in accordance with international standards established in international legal documents was considered.
A legal analysis was carried out in relation to international legal acts, which contain relevant standards in the field of observing human and citizen rights.It was concluded that international legal standards of human rights are important and have a significant impact on the domestic legislation of both Ukraine and other states. Each state must provide a mechanism for the protection of the rights and freedoms of its citizens, because this is an integral part of a democratic state.
Türk Tarımında Hayvansal Üretim Etkinliği: 2000 Yılı Sonrası Araştırmaların Genel Değerlendirmesi
Authors: ÖZDEN Altuğ 
Published: June 2023

Amaç
Bu çalışmada Türk Tarımda hayvansal üretimde bulunan işletmelerin teknik etkinliklerinin hesaplandığı 2000 yılı sonrasında yapılan araştırmaların genel bir değerlendirilmesinin yapılması hedeflenmiştir.
Tasarım/Metodoloji/Yaklaşım
Türk tarımında hayvansal üretim alanında yapılan etkinlik araştırmalarından 2000 yılı sonrasında gerçekleştirilen 31 çalışma ele alınmıştır. Bu çalışmalardan elde edilen veriler ve bu verilerden türetilen yeni kazanımlar meta analiz yöntemiyle değerlendirilmiştir.
Bulgular
Çalışmalarda ele alınan işletmelerin ortalama etkinlik skorları Veri Zarflama Analizi yöntemi için ölçeğe göre sabit getiri modelinde 0,72, ölçeğe göre değişken getiri modelinde 0,80, ölçek etkinliği 0,87 olarak, Stokastik Sınır Analizi yöntemi için ise 0,76 olarak belirlenmiştir. Genel olarak etkinlik ortalaması ise 0,78 dir. Ayrıca bölgelere ait skorlar TR2 (0,65), TR3 (0,79), TR5 (0,99), TR6 (0,58), TR8 (0,83) ve TRA (0,88) olarak hesaplanmıştır.
Özgünlük/Değer
Araştırma daha önce hayvansal üretim işletmelerinde gerçekleştirilen çalışmaların ele alındığı başka bir çalışma olmaması nedeni ile diğer çalışmalardan ayrılmaktadır.