bluuebunny/crossref_metadata_2025_split huggingface dataset:
Constitutional justification of the burden of proof.
Authors: Slinko T. 
Published: February 2023

The doctrine of the burden of proof must face, as the pole of its argument, its connection with the Constitution and that it must assume that the doctrine of onus probandi projects a formulation that goes beyond its strict procedural conceptualization of the "ordinary" to access the sphere of constitutional guarantee, because a jurisdictional declaration of right cannot be refused when a party's burden of proof is aided by both the preemption of defenselessness and the right to use appropriate means of proof to substantiate - prove - its claim. It must be declared essential that recognition of the constitutional right to the burden of proof is correlated with the constitutional right to effective judicial protection. The Constitution, in addition, places this recognition in the procedural part without the possibility to recognize the relative recognition of the constitutional right as the burden of proof in the judge and which can justify the ex officio evidence of the part of the judge (in part). In the European model, the constitutional right to the burden of proof is correlated with the constitutional right to effective judicial protection, which is not characterized by its uncertainty or casuism - that is, when the burden of proof should apply in a civil process - but, on the contrary, by the constitutional recognition of a specific and specific constitutional right and the guarantee provided by the Constitution. Without constitutional recognition of the right to the burden of proof, it would be impossible to achieve effective judicial protection, since the use of "evidence for their protection" is essential for the party to have access to it - to effective judicial protection. Burden of proof rules have a double dimension. On the one hand, they affect the parties because they indicate the need to prove their claims and the scope of the right to prove what they have in the process. On the other hand, they are the only way out of the crossroads in which the court may find itself when it doubts the authenticity of the facts proved, either because they have not been proved, or because the evidence was insufficient or unsatisfactory. This decision consists in ruling against the party who has failed to prove the facts in question, constituting a factual presumption of the supremacy of the law sought to be enforced.
Implementation features of the court case management in the civil proceedings of Ukraine.
Authors: Borovska I.A. , Petrovskyi A.V. 
Published: February 2023

The article is devoted to research of fundamental principles of the court case management, it’s entity and place in the civil justice principle system, interrelations with other principles of civil justice, as well as specific of implementation during the course of individual procedural procedures in civil proceedings.
The article considers doctrinal scientific approaches regarding the legal nature of principles of the court case management, as well as certain aspects of principle of the court case management understanding as one of the fundamental principles associated with the effectiveness of justice through compliance with standards of civil proceedings, developed for the European Union countries.
In the context of conducted research about legal nature understanding of court’s procedural activity during civil proceedings in the doctrine of civil procedural law regarding to assigning ability of attributing it to an independent principle of civil proceedings, the statement was defined: the principle of judicial leadership is a separate functional principle of civil proceedings, which is integrated with the norms of procedural law and in connection with other general principles, such as the principles of access to justice, the rule of law, as well as the sectoral principles of civil proceedings - adversarial, dispositivity, proportionality; their implementation with the goal of discretionary powers by the court within separate differentiated procedural procedures and, at the same time, in combination with other principles, to fulfill the goal of civil justice. To substantiate the above, the norms of the civil procedural legislation of Ukraine were analysed, in which the principle of judicial leadership finds its direct and indirect embodiment.
On the basic of theoretical research and national civil procedural legislation review, the scientific position regarding nature of principle of the court case management have been formulated by a following feature extraction. It has been determined that the principle of the court case management is characterised by the following features: 1) it’s in a inextricable interconnection with other principles of civil proceedings, such as proportionality, dispositiveness, adversarial; 2)it’s used as a implementation of principles of civil justice during the execution judicial discretion within the limits of certain differentiated procedural procedures; 3) regarding to functional principles of civil proceedings it reflects legislation realisation as the norm of direct regulatory action by defining the role of the court as civil procedural legal relations member during the civil proceedings - a combination of powers and procedural actions of the chairman in the court session and indirect realisation through the prism of combination with other principles of civil justice.
According to the results of the conducted research, respective conclusions have been formulated.
Recognition of the contract invalid as a way of protecting civil rights and interests of individuals.
Authors: Buletsa S.B. , Zaborovskyу V.V. , Nechiporuk L.D. , Tegza A.V. 
Published: February 2023

The article refers to the institution of contract invalidation as a way of protecting civil rights and interests. In general, the article clarifies the types of invalid contracts based on the content of the dispute, the main features of invalid and disputed transactions, the term for appealing invalid transactions and the grounds that caused the contract to be declared invalid. The problems of the ratio of recognition of the contract as null and void as an independent means of protection of civil rights are considered.
The rapid development of market relations requires the stability of contractual structures, which are ensured by their validity. However, due to various reasons, the transaction may be declared invalid. The fact of the existence of shortcomings provided for by the Civil Code of Ukraine is the basis for applying to the court with the demand to cancel the legal decision that arose as a result of the conclusion of the agreement.
Within the scope of this article, judicial practice was studied, where from the given examples of court decisions, in some cases, the lack of a unified approach to resolving cases of invalidity of transactions and the application of the consequences of their invalidity is clearly observed, in others, they serve to reinforce the authors' position regarding the application of civil law norms legislation. I. Therefore, in modern conditions, there are many not only theoretical, but also practical problems associated with the unequal application by courts of the same norms of material law when making decisions regarding the invalidity of contracts.
Based on the conducted research, the authors come to the conclusion that despite the attention to this issue in the literature, as well as the presence of certain conclusions of higher judicial bodies, for the doctrine of civil law there is no unity in the ratio of non-conclusion and invalidity of contracts.
Ensuring legal security of ownership of business entities.
Authors: Bortsevych P.S. 
Published: February 2023

The article is devoted to the study of the essence of the security of property rights of economic entities. The article emphasizes that a business entity has the right to be the owner of any property that is not prohibited by law. Property is a necessary component of economic activity. Therefore, ensuring the legal rights of economic entities to property is an important issue. The article analyzes the current legislation of Ukraine on the protection of property rights. It is noted that the Constitution of Ukraine establishes the duty of the state to ensure the protection of the rights of all subjects of ownership and management, and the social orientation of the economy. All subjects of property rights are equal before the law.
The article states that depending on the types of property that may be owned by the business entity, the current legislation defines various means of protecting the right of ownership. In particular, in the article, using the example of land ownership relations, various means of protection are given, taking into account the provisions of the current legislation of Ukraine. The owner of a plot of land or a land user may demand the elimination of any violations of his rights to land, even if these violations are not related to the deprivation of the right to own a plot of land, and compensation for damages. The main ways of protecting land rights are to file a negative lawsuit in court, to declare the agreement regarding the land plot invalid, to invalidate the decisions of executive authorities or local self-government bodies that violate the rights of land plot owners and land users. Also, a separate type of protection of land ownership should be considered the restoration of the condition of the land plot that existed before the violation of rights, and the prevention of actions that violate rights or create a danger of violation of rights.
The conclusions emphasize the need for further improvement of the mechanism of applying the norms of the current legislation of Ukraine in practice to ensure reliable security of property rights.
General principles of public administration of climate relations in the European Union
Authors: Machuskyi V.V. 
Published: February 2023

The article is devoted to the study of theoretical problems, the study of the role of the institution of the European Union, which carries out public administration in the field of environmental protection and climate change prevention.
In the article, the author focuses on the fact that since the middle of the last century in Europe, there has been a significant deterioration of the environment, and the rise in temperature indicates significant problems associated with climate change.
It is noted that public administration in the field of environmental protection and climate change prevention in the European Union by institutions implementing state policy in the specified field. The author investigated the formation of a system of bodies (institutions) of general and special competence in the field of environmental protection and climate change prevention in the EU.
The author focuses on the fact that the formation of legal regulation of environmental and climate relations, as well as public administration in the specified area, was significantly influenced by the holding of the UN Stockholm Conference on environmental problems.
The article examines the role of the European Union institution in the field of environmental protection and climate change prevention. It was concluded that the EU institutions are the main regulators of integration processes that ensure the consistency of the EU policy, especially in the field of environmental protection and climate change prevention.
The article analyzes the system of bodies of special competence of the European Union and their influence on the implementation of EU policy in the field of environmental protection and climate change prevention. Also, in the article, the author emphasizes the areas of activity of non-governmental international organizations that contribute to the improvement of environmental protection and prevention of climate change.
The author researched the experience of organizing public administration in the field of environmental protection and climate change prevention in the Federal Republic of Germany and the Republic of Italy and concluded on the expediency of borrowing the experience of the EU states in Ukraine.
General theoretical features of the internally displaced persons legal status in Ukraine
Authors: Zavalnyi V.V. 
Published: February 2023

The article is dedicated to the comprehensive study of the problems of the general theoretical features of the internally displaced persons legal status (IDPs) in Ukraine during the war as the most acute period of socio-legal anomie, when all citizens of the state are negatively affected by military actions.
It was found that the provision of psychological assistance to the IDPs is an important aspect, which allows people who live in difficult conditions to emotionally and psychologically stabilize their state and, as a result, avoid certain illegal actions and not become the object of criminal encroachments by offenders. The IDPs have all the rights of citizens of Ukraine and certain rights provided by their status. The procedure for citizens of their rights realization outside of their permanent residence may be complicated by the IDP's certain documents lack, their loss, or ignorance of their rights as the IDPs.
The problems of children rights compliance who have become internally displaced persons are emphasized. In Ukraine, targeted state support is provided to children registered as internally displaced persons. Along with solving the material and household aspects of life, it is also necessary to prevent manifestations of illegal behavior among children, bullying, etc. The preventive work of juvenile prevention bodies, together with psychological services, should be aimed at integrating the minor into a new environment based on the principles of legality and compliance with the rights of the child.
It is noted that an important aspect is the provision of free legal aid to the IDPs. In the cities that host the main number of IDPs, it is possible to get qualified legal assistance in the premises of railway stations regarding the main issues of the registration procedure, temporary settlement, food, medical and social assistance. Social solidarity and interaction of all citizens is highly important.
The state should show maximum support for the specified category of citizens in order to prevent violation of their rights and freedoms, manifestations of illegal behavior of these persons and towards them, as well as, with the aim of avoiding the mass Ukrainian refugees flow due to the imperfect system of ensuring the basic rights of IDPs by relevant services and authority structures.
Prospects for application in Ukraine of international experience in searching missing persons under special circumstances
Authors: Sydorenko S.G. 
Published: February 2023

This article contains a comparative and legal analysis of the organization of search for persons missing under special circumstances, in Ukraine and other countries. The author researches the order of search for missing persons in Ukraine and countries that had military and armed conflicts, as a result of which they introduced special mechanisms for searching for persons missing in such conflicts.
The international experience of some countries on the functioning of domestic bodies with competence to solve issues related to the search for missing persons, including: the Federal Republic of Germany, Bosnia and Herzegovina, the Republic of Croatia, Montenegro, the Republic of Serbia, the Republic of Kosovo, which in different time periods had armed conflicts in their territories.
The article analyzes the interaction of individual countries with the International Commission on Missing Persons, an intergovernmental organization created to solve the problem of persons missing due to conflicts that took place in the Balkan Peninsula. It is noted that this intergovernmental organization carries out its functioning, including on the territory of Ukraine as a result of armed aggression by the Russian Federation.
The author emphasizes that the proper prerequisites for the implementation of state policy in the field of regulation of public relations are created in Ukraine, which are related to the search for persons missing under special circumstances, the certainty of legal status and social protection of such persons. At the same time, the need for the use of positive international experience of other countries in Ukraine on the organization and application of a set of measures during the search for persons missing under special circumstances has been highlighted.
It is noted that the necessary consequence of the search for missing persons is the restoration of the social status of such persons, their constitutional rights, obligations, and freedoms that are guaranteed by the state.
It has been established that Ukrainian legislation currently defines a wide range of state authorities that are authorized to search for persons missing under special circumstances. At the same time, the author's position on the advantages and disadvantages of such a subject composition of search activity is given.
Relationship between Body Anthropometric Measurement and Parathyroid Hormone in Female Subjects
Authors: Maherdika Mabruratussania , Hendrianingtyas Meita 
Published: February 2023

The distribution of fat tissue is related to the risk of metabolic diseases. Parathyroid Hormone (PTH) is an essential hormone for calcium homeostasis. According to several types of research, body fat affects PTH levels. Currently, Body Mass Index (BMI) is not the only parameter needed to identify the body fat distribution in accordance with chronic disease risks such as Waist Circumference (WC), Waist to Hip Ratio (WHR), and Waist to Height Ratio (WHtR). The study aimed to determine the relationship between body anthropometric measurement and PTH. A cross-sectional study was performed on a healthy population of 75 healthy female volunteers with a BMI â‰¥ 23 kg/m2. Waist circumference, WHR, WHtR, and BMI measurements were carried out and followed by the PTH fragment 1-84 (PTH1-84) test. Data were analyzed using the Spearman test with a significance of p<005. There was no significant correlation between PTH and WHR (r=0.057; p=0.628). There was weak correlation between PTH and BMI (r=0.268; p=0.020), WC (r=0.287; p=0.012) and WHtR (r=0.238; p=0.04). Body mass index, WC, and WHtR can be used as anthropometric parameters to determine PTH disorders
Campylobacteriosis in An Outbreak of Foodborne Disease at Bantar Gadung Village Palabuhan Ratu
Authors: Budiailmiawan Luhung , Parwati Ida , Rita Coriejati , Lokida Dewi 
Published: February 2023

Campylobacteriosis is a rare enteritis case in Indonesia. On September 12, 2019, there was an outbreak of foodborne diseases with the symptoms of fever, abdominal cramps, and bloody diarrhea after eating food from the Tahlilan (funeral prayer) ceremonial at Bantar Gadung village Palabuhan Ratu Sukabumi. The laboratory and epidemiological investigationwere performed. Fresh stool samples were collected from 18 suspected cases. Gram stain, routine stool examination, and PCR were performed. The PCR method was used based on the nested PCR method by Platts-Mills et al. for Campylobacter spp. The positive result was identified by visualization in gel electrophoresis at 816-bp. Interview, environmental investigation, and analysis of incidence rate were performed for epidemiological study. The majority of patients were males aged 33-48 years old. The main symptoms were fever (100%), abdominal cramps (100%), and bloody diarrhea (11/18;61%). Nine of them (9/11; 82%) were confirmed by Gram staining as Gram- negative bacteria, with comma, s-shaped, or seagull appearance, as presumptive Campylobacter spp. Two patients (2/18;11%) were confirmed infected with Campylobacterspp. by PCR and sequencing tests. It has been found that this outbreak was caused by food contaminated with Campylobacter spp. The incidence rate of Campylobacteriosis in this outbreak was 11%.
The Differences of N–Acetyl–Î²–Glucosaminidase and Î²2 Microglobulin levels in Patients with and without Early Diabetic Nephropathy
Authors: Citra Cynthia , Limijadi Edward Kurnia Setiawan , Rachmawati Banundari 
Published: February 2023

Diabetic Nephropathy (DN) is becoming the most serious microvascular complication, which be marked by the presence of persistent albuminuria. N–asetil–Î²–glucosaminidase is dominant lyzosom enzyme in the renal tubule epitel. Î²2 microglobulin is low molecular weight protein which produced by major histocompatibility complex class 1 (MHC-1) expressed cell in all nucleated cell. N–asetil–Î²–glucosaminidase and Î²2 microglobulin could be new usefull marker for early DN. Analytic observational study with cross sectional approach was conducted in May – July 2019 involving 27 non diabetic patients (K1), 27 diabetic patients without DN (K2) and 27 diabetic patients with early DN (K3) at the Clinical Pathology department of Faculty of Medicine, Diponegoro University and Diabetic Clinic. Data include age, gender, fasting blood glucose, blood preasure and urine albumin creatinine ratio. N–asetil–Î²–glucosaminidase level between groups were analyzed using Anova, Î²2 microglobulin level between groups using Kruskal Wallis, p<0.05 were considered significant. There are significant differences in levels of N–asetil–Î²–glucosaminidase between K1 and K2 (p =0.01), K1 and K3 (p =< 0.01), K2 and K3 (p = 0.03) and Î²2 microglobulin between K1 and K2 (p = 0.02), K1 and K3 (p =< 0.01), K2 and K3 (p< 0.01). N-acetyl-Î²-glucosaminidase and Î²2 microglobulin levels were higher in K2 compared to K1 and increased higher in K3 compared to K1 and K2. N-acetyl-Î²-glucosaminidase and Î²2 microglobulin can be used as an alternative marker for early DN.
The Predictive Value of Glucagon-Like Peptide 1 Plasma Levels on Acute Heart Failure
Authors: Wahyudi Muhamad Firman , Suparyatmo JB. , Ariningrum Dian 
Published: February 2023

Acute Heart Failure (AHF) is one of the mechanical complications of Acute Myocardial Infarct (AMI). The diagnostic approach of AHF caused by AMI is based on clinical score, imaging, use of invasive instruments, and laboratory parameters. Glucagon-Like Peptide-I (GLP-1) is an incretin hormone derivate of proglucagon gene transcription, secreted by the L cells from the mucosa of the ileum, colon, and rectum. The cardioprotective effect of GLP-1 through the dependent and independent pathway produces a direct and indirect cardiovascular effect that increases the functional capacity in AHF patients. This study aims to find the predictive value of plasma GLP-1 towards the incidence of AHF in patients with AMI. This study was conducted on 35 patients diagnosed with AMI at Dr. Moewardi General Hospital Surakarta, in October-December 2020. Glucagon-like peptide-I was measured using the ELISA sandwich. The cut-off of plasma GLP-1 was determined using the Receiver Operating Characteristic (ROC) curve. Statistical analysis showed an RR (95% CI) of 2.292 (0.587–8.943) with a p=0.229 for age, 1,143 (0.299–4.367) with a p – 0.127 for a history of type 2 diabetes (T2DM) and plasma GLP-1 concentrations below Cut-Off Value (COV), which was 2.881 (0.729–11.381) with p=0.127. Age, a history of T2DM, and plasma GLP-1 below COV did not significantly affect AHF complications in patients with AMI.