bluuebunny/crossref_metadata_2025_split huggingface dataset:
Principles of land law of Ukraine
Authors: Dolynska M. S. 
Published: August 2022

This article is devoted to topical issues of legal regulation of land relations in the state.
One of the central issues of land relations in Ukraine - the issue of principles of land law - is studied.
The purpose of the study is: analysis of the principles of land law of Ukraine, definition of the principles of land law, classification of the basic principles of land law.
The author considers the main criteria for classifying the principles of land law.
The concept of principles of land law is defined.
Principles of land law are the basic guiding principles, significant ideas, postulates, which are reflected in the laws and regulations of the state and which follow from the content of legal norms, legal doctrine and case law.
The author draws attention to the fact that the principles of land law are legally enshrined in both the Constitution of Ukraine and the Land Code. The scientist notes that the above principles are embodied in the basic legal norms and institutions of land law.
The importance of the principles of land law is subject not only to the legal regulation of land relations, but in some cases serves as a means of overcoming gaps in land law.
The most common qualifications of the principles of land law are studied.
One of the new and extremely important principles of land law was the principle of digitalization.
All subjects of land relations must adhere to the principles of land law.
The principles of land law are designed to provide ideological guidance for the improvement and development of land law.
In particular, they encourage the implementation of progressive ideas in the new land legislation by amending numerous legal acts, and as a result, contribute to the improvement of judicial practice in resolving land disputes.
The author claims that the principles of land law are being changed and clarified in accordance with changes in state policy in the field of land relations.
Based on the analysis of normative-legal and legislative acts, scientific literature, the author has developed and substantiated the conclusions of the research.
Law enforcement agencies as subjects of cybersecurity in the information space of Ukraine
Authors: Koroshchenko K.R. , Ilchenko O.V. 
Published: August 2022

Information security in Ukraine is an important area for securing space from internal and external threats. It is worth noting that information and state security is a wide field for analysis by both scholars and legislation. After all, attempts to manipulate the public consciousness do not stop, in particular, by disseminating inaccurate, incomplete or biased information. Ukraine's position in the information field is a reflection of the state's ability to defend itself at all possible levels. Cybersecurity of the state is a very important part of information security. This area is much narrower for regulation. In recent years, Ukraine has launched reforms and modernization processes in this area. It is important to emphasize that all processes are closely linked to European integration measures, which can be confirmed by significant financial and information assistance from partners.
Indeed, possible cyber threats have revolutionized the state system, as well as the citizens to whom the effects of cyber attacks and cybercrime may extend. Therefore, cybersecurity issues are becoming increasingly important, becoming an integral part of national security and as a result of information security, and measures to combat cyber threats are being developed and implemented at the state level. In our country, for these purposes, the Law of Ukraine "On the Fundamentals of Cyber Security of Ukraine" was adopted, which, in particular, regulates the issues of cyber security and identifies the main directions and objectives of law enforcement agencies. The state mechanism for the implementation of certain tasks is necessarily a well-established system of bodies that would implement and perform certain functions in the legal field.
Empowered law enforcement agencies aim to effectively exercise their powers, which did not matter, the need for coordination and cooperation with each other is becoming more and more acute.
The importance of law enforcement research on the functioning of cybersecurity is due to the effectiveness of these entities in carrying out tasks. Also, the practical definition of the activities of law enforcement agencies may reveal accompanying problems.
Typology of corruption: theoretical and applied criteria
Authors: Maletov D.V. , Bondarenko O.S. 
Published: August 2022

Corruption as a social phenomenon is the subject of scientific analysis of many sciences. We are convinced that the analysis of not only its nature but also its species is important for the characterization of any phenomenon. The typology of corruption plays an important role in this task. Given the complex and ambiguous nature of corruption, as well as the lack of a unified scientific approach to the interpretation of its essence, in scientific circles there is no single vision of distinguishing types of this phenomenon.
The meaning of classification is always essential and dualistic: conceptual and applied. So, conceptuality is that for more optimal development of the essence of concepts, phenomena, processes, categories they are divided. Therefore, the study of the views of individual jurists is always associated with the analysis of typologies (classifications), as they provide an opportunity to clarify the views of the scientist on the nature of corruption, its criminal law and criminology. Applied element: the classification of corruption makes it easier to identify and develop strategies to combat this phenomenon, identifies trends in updating and supplementing laws, outlines the activities of public authorities in general and law enforcement agencies.
The purpose of the article is to highlight the criteria for classifying corruption and characterize their essence.
We propose to analyze several approaches to the typology of corruption. The first typology is based on the level of corruption. According to this criterion, corruption is inert, gradual, and active.
The second typological criterion is the scope of implementation. According to him, there is corruption in the legislature, executive, judiciary, and corruption in the activities of legal entities under private law and persons providing public services. The third typology of corruption is based on the criteria of periodicity of corruption. According to this criterion, corruption can be accidental, systemic and kleptocratic.
According to the fourth typological criterion, it is proposed to divide corruption into gradual and sudden.
The fifth typological criterion is based on the degree of organization and prevalence of corrupt relations. According to this criterion, there is corruption at the grassroots, regional, political, and international levels.
Comparative analysis of the legislation of foreign countries on criminal liability for enforced disappearance.
Authors: Andrushko A.V. 
Published: August 2022

The article analyzes the foreign experience of criminal law counteraction to enforced disappearances on the basis of research of the legislation of 50 countries.
A study of the criminal law of approximately 100 countries has shown that criminal law prohibitions on enforced disappearances are currently contained in the legislation of Albania, Angola, Argentina, Armenia, Australia, Austria, Azerbaijan, Belgium, Bolivia, Bosnia and Herzegovina, Burkina Faso, Burundi, Cambodia, Chad, Colombia, Congo, Croatia, the Czech Republic, El Salvador, Finland, France, Gabon, Germany, Guatemala, Honduras, Kyrgyzstan, Lesotho, Lithuania, Luxembourg, Mali, Malta, Mexico, Moldova, Mongolia, Montenegro, Netherlands, Nicaragua, Norway, Northern Macedonia, Panama, Paraguay, Peru, Poland, Romania, Serbia, Slovakia, Slovenia, Spain, Switzerland, Venezuela.
It is found that the place of enforced disappearance in the system of the Special Part of foreign criminal laws is defined differently. The article establishes that the vast majority of legislators recognized this act as a crime against international law order.
It is noteworthy that many legislators did not single out a separate article on liability for enforced disappearance, but recognized this act as a type of crime against humanity, mentioning it in the relevant “general” article.
The article establishes that while formulating the disposition of the relevant criminal law prohibition, most legislators of foreign countries proceeded from the definition of enforced disappearance, given in Art. 2 of the International Convention for the Protection of All Persons from Enforced Disappearance, and from the definition of this act, given in paragraph “i” of Part 2 of Art. 7 of the Rome Statute of the International Criminal Court. Attention is drawn to the fact that these international legal acts set different standards for criminalizing enforced disappearances.
There is a significant variety of existing approaches not only to criminalization, but also to penalizing enforced disappearances. The article emphasizes that the studied foreign experience may be needed in improving the domestic criminal law prohibition on liability for such encroachment. In particular, the overwhelming majority of legislators attribute enforced disappearances to crimes against international law order rather than to encroachments on personal liberty.
Reasonable terms of criminal proceedings in the context of judgments of the European court of human rights v. Ukraine
Authors: Senchenko N. , Stechenko K. 
Published: August 2022

The article is devoted to the analysis of "reasonable terms" as the basis of criminal proceedings and the current state of its provision in our country. A study of the national legislative consolidation of this principle and its boundaries in Ukraine was conducted. The issue of compliance with the "reasonable terms" of criminal proceedings analysis through the prism of European standards in the context of the decisions of the European Court of Human Rights against Ukraine.
It is established that the validity of the duration of the proceedings is assessed by the European Court of Human Rights (hereinafter – ECtHR) individually, taking into account the specific circumstances of the case and the criteria developed in practice. Most often in decisions against Ukraine to establish the presence or absence of violation of the principle of "reasonable terms" ECtHR takes into account the following priority criteria: the complexity of criminal proceedings; the conduct of the participants in the criminal proceedings (the applicant and the competent authorities) and the manner in which the investigator, prosecutor and court exercise their powers. The analyzed practice of the ECtHR v. Ukraine alleges the guilt of law enforcement agencies and the court in the excessive length of criminal proceedings and the lack of "special diligence" in their activities (for example, ECtHR judgments in “Nechai v. Ukraine”, “Melnikov v. Ukraine”, “Radzevil v. Ukraine”). Emphasis is placed on the statistical indicators of the ECtHR's activity in Ukraine, on the basis of which the current state of compliance by law enforcement agencies and courts with the principle of "reasonable terms" in Ukraine is analyzed.
According to the results of the study, the authors identified prospects for further improvement of this principle in practice. It is concluded that it is necessary to take legal measures to eliminate the causes and consequences caused by the violation of the principle of "reasonable terms" of criminal proceedings as an international standard of human rights.
On the way to the struggle of the Ukrainian people against Russian aggression
Authors: Hlobenko I.O. 
Published: August 2022

The article states that the war is the highest degree of aggravation of relations between Ukraine and the Russian Federation in the struggle of the Ukrainian people against the Russian occupier, which will take place until the Ukrainian people win over Putin's totalitarian regime, using all possible military, economic, humanitarian , medical, legal and other means to the full restoration of justice and payment of contributions to the state of Ukraine and the Ukrainian people.
The confrontation of the Armed Forces and other power structures of Ukraine against the Armed Forces of the Russian Federation took place in the territories of Donetsk and Luhansk regions after the occupation of Crimea until 2022. In general, Russia annexed the Ukrainian peninsula of Crimea and carried out a separatist regime in Donetsk and Luhansk oblasts, supplying troops and weapons to their territory.
Accordingly, political instability in Ukraine, the choice of the European vector of development, its desire to join the European Union and the North Atlantic Treaty Organization (NATO), unwillingness to have any relations with the aggressor country led to the war between Ukraine and Russia.
For Ukraine's victory in this nation, it is necessary to: - continue military resistance against Russia; - the Ukrainian army to counterattack and expel the occupiers from our land; - state support for the citizens of Ukraine and the creation of favorable conditions for prolonging their lives in armed conflict and reducing the emigration of the younger generation - support for Western allies and imposing tough sanctions to destroy the Putin regime and Russia's economy; - use all possible methods to prevent nuclear war; - after the victory, citizens of Ukraine and victims of hostilities have the right to a contribution from Russia.
Guaranteeing the rights and freedoms of internally displaced persons in Ukraine under martial law: general characteristics
Authors: Kulinich O.O. 
Published: August 2022

The article substantiates the Ukrainian system of guarantees of the rights and freedoms of internally displaced persons to determine ways to increase their effectiveness in martial law. Research on the legal status of IDPs in Ukraine has been conducted since 2014, but a new wave of forced displacement has provoked numerous changes and transformations in this special status. In addition, Russia's full-scale invasion has caused countless new challenges. Therefore, further research and justification of the legal status of IDPs are essential.
General guarantees include political, economic, social, ideological and cultural guarantees. We propose to include normative-legal and organizational-legal to special (legal) guarantees. The effectiveness of the guarantee depends on the interconnectedness of all types of guarantees and their coordinated functioning. Development of normative-legal and institutional guarantees, clearly conditioned by the existence of a number of general legal guarantees (political, economic, social, cultural and ideological).
The condition for restoring the violated rights and freedoms of Ukrainians, obtaining fair satisfaction is the investigation of numerous crimes and violations of international law, as well as the prosecution of criminals.
Under martial law, laws are passed quickly and on an extraordinary scale, which is justified. But such rates are not commensurate with society's usual expectations of legal regulation. Therefore, it is essential to be widely informed at the national and municipal levels about changes in legislation, especially in the interests of internally displaced persons. One of the conditions for evacuating civilians from the war zone and blocked territories is confidence in support and protection from the state and society. It is vital to minimise bureaucratic procedures and simplify administrative and social services access.
Determination of information about a physical person in composition the objects of civil laws by an international and national legislation
Authors: Yermolenko-Kniazieva Liliia , Moshnyaga L. 
Published: August 2022

In the article investigational and legal foundation of informative safety that is built on principles of fundamental distribution of all volume legally meaningful information on two kinds is studied: popular information and information with a limit access. The legal mode of information is called to guard information, free turnover of that can violate rights and interests of the state, society and individual, provide informative independence of private legal subjects in relationships with the state and inter se, co-ordinate a public requirement in freedom of information and right each on maintenance of secret.
Turnover of information in society grounds for a conclusion about appearance of new type of public relations - informative, that is the object of the legal adjusting. In the conditions of scientific novelty of information as article of research, in default of high-cube of legislative and judicial practice legal science objectively can not have in the order deep cognitions in this industry.
Most interest of theorists and practical workers is in recent year caused by the questions, related to the civil legal adjusting of informative relations, realization and protection of informative rights, researches of features of information as an object of civil legal relationships, subject composition and maintenance of informative legal relationships, principles of functioning of informative legal relationships.
Importance of problems of realization of informative rights, in particular, inhibition, implementation and use of norms of informative legislation and especially - civil legal aspects of realization of informative rights, a specific of realization of informative rights in the field of the personal unproperty legal relationships is founding for realization of research within the framework of this article.
Economic violence as a way of committing domestic violence: differentiation of administrative offense from crime
Authors: Kravchenko I. 
Published: August 2022

The article is considered economic violence as a type of domestic violence, for which administrative and criminal liability is provided. The criterion of delimitation of economic violence as a way of committing domestic violence of Art. 173-2 of the Code of Administrative Offenses and Art. 126-1 of the Criminal Code of Ukraine is defined. It is stated that administrative and criminal liability arises in the case of domestic violence in three ways: physical, psychological or economic. This are caused difficulties in practice in delimiting Art. 173-2 of the Code of Administrative Offenses and Art. 126-1 of the Criminal Code of Ukraine, as the objective side of their composition is defined inexhaustibly.
Expediency of exclusion from Art. 126-1 of the Criminal Code of Ukraine, the notion of “systemicity” is justified, as the current wording contradicts the purpose of criminalizing acts of domestic violence and creates obstacles to the application of this special criminal law. Emphasis is placed on the need for legislative interpretation of the concept of Art. 173-2 of the Code of Administrative Offenses "harm of physical or mental health" and of Art. 126 of the Criminal Code of Ukraine "violence that leads to physical or psychological suffering."
It was found that in the legal definitions of economic violence and acts of economic nature, the construction "and other economic offenses" and the conjunction "etc." indicates that acts of economic nature as a way of committing domestic violence can not be provided by law exhaustively, because the economy is in constant development and, accordingly, violence in the context of the offense we are investigating may take new forms.
It is determined that its main feature of economic domestic violence is the manipulation of the subject of the crime or offense by material goods, which leads to negative psychological and/or physical consequences for the victim.
According to the results of the research, the criterion of differentiation of domestic violence provided by Art. 126-1 of the Criminal Code of Ukraine from the act specified in Art. 173-2 of the Criminal Code of Ukraine, which should be the consequences caused by the illegal act. That is, it is necessary to determine the level of public danger of damage that occurred after the commission of an act of an economic nature, which covers the legislative category of "domestic violence".
Suggestions for further improvement of legislation in the field of administrative and criminal law on the provisions that establish legal liability for domestic violence in Ukraine.
Organizational and legal bases of professional development of employees of the State Border Guard Service of Ukraine
Authors: Vydiuk M.V. , Mykhailovska Ye.V. 
Published: August 2022

The article is devoted to the research of organizational and legal bases of professional development and activity of employees of the State Border Guard Service of Ukraine and definition of ways and directions of improvement of their activity. The peculiarities of professional training of the State Border Guard Service of Ukraine and the importance of professional development in the SBGS, as this is a special purpose law enforcement body, is part of the security and protection sector of Ukraine.
The article reveals the essence and structure of professional competence of the SBGS servicemen, highlights the prospects and current directions of law enforcement reform. It is established that such an organized structure as the State Border Guard Service of Ukraine is a rather complex, multilevel and integrated system, whose employees must constantly undergo training and acquire specific knowledge, skills and abilities to ensure readiness to perform their functions and responsibilities within the activities of this law enforcement agency.
It also highlights the main tasks of forming a new system of military education in Ukraine and the main requirements to be considered in the further development of military education, with emphasis on such important issues as: improving the information and educational space using the latest digital tools and modernization decentralization of the management system and improvement of legislation.
It is determined that in order to ensure the efficiency and effectiveness of the State Border Guard Service of Ukraine, employees of this special purpose law enforcement agency must constantly work on the formation of professional competencies and skills to properly perform the tasks assigned to the SBGS, namely tasks to ensure border and protection of Ukraine's sovereign rights in its adjacent zone and exclusive (maritime) economic zone, because in today's circumstances, each employee of this body must be able to act in experimental conditions of actual hostilities, possess different weapons and military equipment.