bluuebunny/crossref_metadata_2025_split huggingface dataset:
Perspectives for the implementation of a smart contract for the lease (rental) of a vehicle
Authors: Pysarieva Ella , Drach Daria 
Published: April 2022

The article is devoted to investigation of perspectives of implementation of the smart vehicle rental agreement. On the basis of current civil legislation the vehicle rental agreement is defined as an agreement under which a lessor transfers or undertakes to transfer to a lessee an air, sea, river vessel, ground self-propelled vehicle etc. in using for a fee for a certain period. A general legal characteristics of this agreement includes its reality or consensus, payment, timeliness and bilaterality. The list of features of the subject of the studied contract, which includes the inexhaustibility of types of vehicles, its technical features, the presence of signs of a source of increased danger, the existence of special legislation governing its use, and supplemented them by taking into account the volume and type of engine. Requirements to the form of the vehicle rental agreement, which generally is written, and if one of the parties is an individual, it is subject to notarization, are considered, and a possibility of its negotiation and further execution as a smart agreement is analyzed.
The positions of scientists on the essence and main features of a smart contract which consist in its specifics regarding the form of negotiation and way of execution due to automation. The characteristics and problems of execution of the vehicle rental agreement which connected with activity of a lessee of a vehicle, bearing of expenses, insurance and causing a damage for a subject of the agreement and other person with using of a vehicle are followed. It is remarked the features of renting a vehicle with the crew which serves it.
On the basis of the conducted investigation perspectives of implementation of the smart vehicle rental agreement are formulated, and they are seen in increasing the level of legality of the negotiated agreement, obtaining access to all necessary for parties information and electronic documents, automatic and timely payment of a rent, timely fulfillment of execution of a commitment and improvement of control over the subject of a rent.
Invalidity of the retreat
Authors: Rasskazova V. V. 
Published: April 2022

The scientific article is devoted to the invalidity of the agreement of the retreat, determining the grounds on which the law connects the invalidity of the agreement, as well as highlighting the features of the agreement retreat, which may further affect the legality of the transaction.
It is noted that the current legislation does not provide special grounds for recognizing the agreement of the retreat as invalid, which makes it necessary to be guided by the general requirements, compliance with which is necessary for the validity of the transaction. In addition to the general grounds for invalidity applicable to all types of transactions the analysis of the grounds for invalidity of the agreement of the retreat should be based on the essence of the institution of the retreat, which in accordance with the legal definition of this concept embodies the principle of freedom of contract, the essential terms of the contract, which constitute the content of the relevant legal relationship. It is the legal features of the institution of the retreat, that determine the existence of other features that determine the agreement as disputed.
In the example of court cases and the most common in contractual practice issues of application of the institution of the retreat, outlined errors in understanding the nature and features of the mechanism of termination of the obligation to transfer the assignment, which lead to further recognition of such transactions invalid.
Attention is paid to certain problematic issues and requirements of current legislation, failure to take into account which the parties in concluding the of the agreement of the retreat may lead to further invalidation of the agreement, in particular, the subject of the retreat should be only the property, property rights, etc. which belong to the debtor at the time of the transaction. The agreement of the retreat under which the debtor transfers to the creditor property that does not belong to him or an object that does not meet certain conditions of the agreement does not give rise to legal consequences in the form of civil rights and obligations under the contract. In other words, the creditor has no the legal basis for the acquisition of rights to such property and the principal obligation is not terminated in such a case.
Civil judiciary as a form of justice in civil cases
Authors: Senyk S. V. 
Published: April 2022

The article is devoted to the study of the main aspects of justice in the form of civil proceedings to protect violated, unrecognized or disputed rights, freedoms or interests of individuals, rights and interests of legal entities, the interests of the state.
The article provides a scientific analysis of legislative provisions, doctrinal positions and materials of judicial practice in the context of clarifying the issues of effective restoration of the rights of interested parties by the competent national authorities, including the judiciary. In this aspect, it is emphasized that the success of harmonization of the Ukrainian legal system with the system of European standards largely depends on the values ​​of national justice.The author supports the position that, in the administration of justice, the judiciary is independent and acts as an arbitrator in a dispute over law. The efficiency of the courts has three components: the efficiency and efficiency of dispute resolution, the validity and legality of judicial acts, ensuring the possibility of their implementation. The court is called to perform its functions guided only by law. It should not depend on the subjective influence of anyone, as interference with the administration of justice is inadmissible and results in liability under the law.At present, a national court cannot appropriate legislative or executive power. Equally, the delegation of their functions by the courts, as well as the assignment of these functions by other bodies or officials are not allowed. However, according to the author, this does not mean that in Ukraine, as in other legal systems of the Romano-Germanic type, judicial precedent cannot be an auxiliary source of law.It is concluded that civil jurisdiction is the jurisdiction of the general court to consider and resolve legal requirements referred to by law for consideration and resolution in civil proceedings, in order to effectively protect violated, unrecognized or disputed rights, freedoms or interests of interested parties.The position is substantiated that, despite the constitutional provision on extending the jurisdiction of courts to any legal dispute, the norms of special normative acts on the protection of civil rights of interested parties should be taken into account, which, in turn, indicates that judicial jurisdiction civil proceedings have their limits.
Mediation: from theoretical aspects to the practical implementation of migrants labor rights
Authors: Venediktov V.S. , Kravchenko I.O. 
Published: April 2022

In the article, the authors explores the concept of mediation as a way to resolve labor disputes during the practical implementation of labor rights of migrants. The urgency of the research topic is due to the increase in the number of labor migrants from Ukrainian citizens abroad, as well as the gradual increase in the quality of labor in Ukraine from abroad. Migration processes are related to the realization by citizens not only of the right to work, but also of the right to social protection, living standards, and other inalienable rights. The authors emphasize that the problems of migrant workers are studied only in quantitative terms, and their practical solution through the improvement of the mechanism of mediation support in resolving labor disputes remains unnoticed by scholars and requires special attention. Under the concept of mediation, the authors understand the pre-trial method of resolving disputes, but focuses on the fact that the Law of Ukraine "On Mediation" does not contain a mechanism for protecting migrant workers and needs to be finalized in this area. The migration process involves the transfer of human labor not only from Ukraine but also in Ukraine (from among foreign nationals). The number of migrant workers is growing every year, and the number of cases of violation of migrants' labor rights, which require a mediator and mediation procedures involvement, is automatically increasing. There are two parties to individual labor disputes: the worker and the employer. Disputes in court can be resolved through administrative or civil proceedings. According to the authors, the essence of the dispute may be resumption of work, registration of employment, compensation for material damage, dismissal, formulation of reasons for dismissal, disciplinary action, payment for downtime, forced absences, and more. The appeal to the court to resolve the dispute on the part of the employee is associated either with awareness of legal norms that directly indicate a violation of labor rights, or with the acquisition of legal assistance (information from counsel, lawyer), or illustrative examples of such disputes. The employer's appeal to the court is motivated by awareness of the law, which he is directly guided by in its activities, as well as the presence of the legal service. The authors also give examples of the impossibility of resolving a labor dispute through the mediation procedure, to the special nature of the labor dispute. Signs of unmediability are the lack of a direct ban on mediation; the nature of the dispute or a direct indication of its resolution through mediation; the possibility of procedural registration of the mediation procedure; the subject and content of the dispute do not contradict morality and public order. The authors cite an accident at work and negligent attitude to work as an example of such a sign. In other cases, mediation is permissible. Specific issues of prohibition of mediation in labor law should be reflected in current legislation.
Exercise of the employee's right to protection in connection with dismissal of the owner's initiative
Authors: Kuznetsova М. 
Published: April 2022

The author conducted a study of the procedural aspects of dismissal of an employee at the owner's initiative and issues related to the exercise of the right to protection of employees from illegal or unjustified dismissal. The main characteristics of the release procedure of employees at the owner's initiative and problems that may arise due to non-compliance with the rules of such a procedure are identified.
The content of the right to protection of an employee in case of illegal or unjustified dismissal as one of the fundamental guarantees in labor law and legislation has been clarified. The characteristics of some aspects of consideration of labor disputes by courts are given, and different procedural features of realization of the right to protection of the worker at dismissal are defined.
Conclusions are made on the importance of compliance by the employer or owner with the procedure of dismissal of the employee on their own initiative and the grounds specified in the law, and prevention of violation of employee rights, taking into account the guarantees of the Constitution of Ukraine and the Labor Code. And opportunities to reinstate those dismissed for work with compensation for non-pecuniary damage and forced absenteeism, respectively.
In his study, the author draws attention to the fact that judicial protection of employee rights is one of the most common ways. Therefore, when considering labor disputes by the court, it is essential to thoroughly clarify and carefully assess the circumstances under which such a decision was made and assess the scope of the offender's job responsibilities if the grounds for their violation are indicated. Only on condition of a comprehensive and objective assessment of the evidence in the case, the court has the right to decide on the reinstatement of such an employee and to pay the employee the average salary during the forced absence or the difference in earnings during the lower-paid work.
Mediation as an alternative way of settlement of disputes in agricultural export relations
Authors: Bakay Y. , Kuzminа V. 
Published: April 2022

The article considers the concept of mediation, which are proposed by domestic and foreign scientists. By analyzing the concept of mediation, it turned out that this alternative method of settling disputes in export relations in the agricultural sector has several advantages: no significant financial and time costs, the ability of the parties to reach a settlement compromise that allows a decision that satisfies both parties, and the presence of an impartial mediator which only has the right to guide the parties towards a common decision.
Mediation is a common way of resolving disputes in many countries. And it was found that the mediation is different in each country: different time limits on its use (pre-trial stage or after the trial), differs legal support for this procedure, various institutions that ensure its functioning, etc. In article notes that the recognition of mediation allows signing foreign economic agreements between countries in the agricultural sector, even with the differences in the consolidation of mediation in the legislation of foreign countries.
The long absence of legislation to consolidate mediation as an alternative means of resolving disputes in Ukraine had hampered the development of export relations in the agricultural sector. That is why foreign counterparties could justifiably refuse to conclude foreign economic contracts with the Ukrainian side due to non-recognition of the latter's mediation procedure, which deprived the parties of a rapid and peaceful means of resolving any disputes.
The article points out that Ukraine is currently promoting mediation on its territory. The Law of Ukraine "On Mediation" was adopted, there are organizations whose activities are aimed at promoting mediation, and it was signed the Convention on International Settlement Agreements Resulting from Mediation. It indicates Ukraine's recognition of mediation at the international level and its willingness to ensure the implementation of agreements reached on the results of mediation in our country, which will positively affect the willingness of foreign partners to cooperate with Ukrainian agricultural sector.
Ecological safety of organic land use as a condition for sustainable development
Authors: Ilkiv N.V. 
Published: April 2022

The study of the content of the legal mechanism of organic land use through the key goals of sustainable development of Ukraine and the global goals of sustainable development until 2030 is conducted in the article. The share of agricultural land under organic production in the total area of agricultural land in Ukraine is one of the indicators of the task of achieving the goals of sustainable development. Theoretical and normative-legal aspects of ensuring ecological safety of organic land use are studied. The climate change situation is the basis for special attention to the legal regulation of organic land use. Ensuring organic land use is identified as an important task in the context of the European Green Agenda.
The concept of "organic land use" as a legal institution is studied. It is an integral part of organic agricultural production. The normative and legal bases of organic land use are outlined. It is determined that the peculiarities of organic land use activities determine the peculiarities of the legal regime of lands used for this purpose. In order to prevent and prevent the deterioration of the quality of the environment, products and agricultural land to be used in organic land use, an effective system of legal measures should be developed at the state level. conclusion. The implementation of these measures should ensure the environmental safety of agricultural production in general, as well as the production of organic agricultural products. Consolidation at the regulatory level of the definition of "land for organic land use" with a special legal regime, development and approval of criteria for assessing the suitability of land (soil) for the production of organic agricultural products, primarily of plant origin, is proposed. The study was carried out taking into account the need for real implementation of the basic norms and values that underlie the European Green Course.
On ways to improve the efficiency of e-registers and databases (on the examples in the fields of residency, land, financial services, justice and enforcement of the judicial acts)
Authors: Stepanova T.V. 
Published: April 2022

The article provides the study of actual issues of creation and functioning of e-registers and databases on the examples in the fields of residence, land, financial services, justice and enforcement of judicial acts and aims to develop ways to improve the efficiency of aforesaid e-registers and databases. It was found that the development of digital technologies together with the COVID-19 pandemic is accelerating the process of implementing e-government significantly, and facilitating as many citizens as possible to obtain certificates, to make appointments, to order goods and services, to participate in the events without leaving home. It is substantiated that the implementation of the concept of e-government presently has faced certain problems that are clearly evident in the study of certain areas of regulation, for which a developed system of electronic registers and databases has been elaborated.
As a result of the analysis of these areas, it is proposed to identify 4 ways to improve the efficiency of electronic registers and databases.

Identification of the fields that need digitalization as well as the effective ways of the aforesaid digitalization. It was found that there is a need in some fields in well provisioned e-registers or databases and this need is a most urgent challenge of those fields.
Synchronization of digital registers, databases and other modules in order to systematize, to simplify and to improve the efficiency of obtaining information on a particular object or a person in legal relations as well as data verification, etc. It is suggested to synchronize each newly created register (database) immediately from the very beginning with all or at least with the majority of registers (databases) that have already been created.
Prompt processing and scanning of large amounts of information. It is proposed to apply a systematic approach in order to determine the characteristics of programs and hardware that would simplify the implementation of this idea.
Protection of personal data. It is proved that the current version of the Law of Ukraine "On Personal Data Protection" in the near future should be brought into line with European standards and, most importantly, its implementation in Ukraine should be properly monitored.
Administrative and legal characteristics of the place and role of a judge of the Higher specialized court
Authors: Shunko M.G. 
Published: April 2022

One of the aspects of the implementation of judicial reform in Ukraine was the establishment of the High Specialized Courts, which were to ensure the administration of objective justice in important areas, including combating corruption and combating intellectual property offenses. In this context, it is important to determine not only the role and place of these judges in the judicial system of Ukraine in general, but also to provide administrative and legal characteristics of the place and role of judges of higher specialized courts in particular.
The purpose of the article is the administrative and legal characteristics of the place and role of a judge of the higher specialized court.
According to the principle of separation of powers, all three branches must be independent of each other. Concentration of power in a state body or person can lead to the seizure of power. The judiciary is the most reliable and civilized way to protect human rights and civil rights and freedoms, and judicial protection of human rights and freedoms is the most democratic and appropriate way to consider the facts and causes of various disputes and establish the truth in pending cases.
As for the role of the judge directly in the process, the judge considers the case within the established procedural norms. Everything is based on the legal basis, and the judge is in fact the observer of the process, a person who, in accordance with the law, strictly adheres to all procedural norms.
It is concluded that the role of a judge of the High Specialized Court is more important than the role of a judge of a court of general jurisdiction, as evidenced by additional requirements for candidates for a judge of a special court and the importance of requirements for highly specialized judges in general.
Concept and signs of general social prevention of domestic criminality by the prosecutor’s office
Authors: Barbarosh L.M. 
Published: April 2022

The article defines the concept and signs of general social prevention of domestic criminality by the prosecutor’s office. It is emphasized that the prosecutor’s office as a law enforcement agency plays an important role in preventing criminal offenses in the domestic sphere, as its activities are ensured by the implementation of the Constitution of Ukraine of prosecution, representation and supervision to protect human rights and freedoms.
It is noted that the prosecutor’s office, occupying a special place in the human rights system in Ukraine, is called to play a leading role in coordinating the anti-criminogenic potential of law enforcement agencies to prevent criminal offenses in general and in the domestic sphere in particular.
Unfortunately, the importance of the prosecutor’s office in this activity is currently underestimated both scientifically and among law enforcement practitioners, volunteers and non-governmental institutions. There is a lack of clarity on the basic, conceptual issues related to the goals and objectives, the place and role of the prosecutor’s office in the system of subjects of prevention of criminal offenses in the domestic sphere, and some applied aspects of the problem need to be developed.
A scientifically reasonable definition of the concept of «general social prevention of domestic criminality by the prosecutor’s office» is formulated – it is a set of legal, organizational, technical, financial and other measures implemented by the prosecutor’s office as a subject of preventive activity and aimed at eliminating, blocking, neutralizing determinants illegal behavior of the perpetrator in the domestic sphere.
It is substantiated that the prosecutor’s office actually promotes preventive influence on the causes and conditions of committing by perpetrator criminal offense in the domestic sphere. It has been proved that the role of the prosecutor’s office as a subject of preventing the perpetrator from committing a criminal offense in the family objectively depends on the effectiveness of its main function – the protection of human rights and freedoms in various spheres of its activity. A domestic sphere is no exception.