bluuebunny/crossref_metadata_2025_split huggingface dataset:
Norms of administrative procedural law: the concept and some aspects of the relationship with the rules of substantive administrative law
Authors: Doiar Ye. 
Published: April 2022

An attempt is made to analyze the features and essence of the rules of administrative procedure, as well as some aspects of their relationship with the substantive rules of administrative law. In particular, it is noted that the rules of administrative procedural law: are the primary elements of the system of administrative procedural law; are derived from the rules of administrative law, as they provide sufficient procedural conditions for the implementation of its regulatory, protective and procedural rules; have a specific structure due to the sphere of objectification; enshrined in the Code of Administrative Procedure of Ukraine and other acts of administrative procedure legislation; aimed at the legal regulation of public relations arising in the field of administrative proceedings; have the purpose - fair, impartial and timely resolution by the court of disputes in the field of public relations in order to effectively protect the rights, freedoms and interests of individuals, rights and interests of legal entities from violations by the subjects of power; implementation is ensured through a system of certain means (state-coercive, stimulating, etc.).
It is summarized that the norms of administrative procedural law are a primary element of the system of administrative procedural law derived from substantive legal norms, which has a specific structure due to the sphere of objectification, aimed at legal regulation of public relations arising in administrative proceedings for effective protection. rights, freedoms and interests of individuals, rights and interests of legal entities from violations by the subjects of power.
Сommunal property disposal: actual principles
Authors: Byelov D. , Novak O. 
Published: April 2022

Theoretical and practical features of the management of communal property in accordance with the current legislation of Ukraine are studied. The position on the need to qualitatively expand the content of the existing principles of communal property management was supported. The author is of the opinion that the formation of effective local self-government as part of the goal of the administrative-territorial reform introduced in Ukraine requires, among other things, taking into account the general principles of economic activity, including greater dispositiveness in decision-making by local governments.
Gaps have been identified within the limits set by the current legislation for the management of communally owned property in correlation with approaches to the implementation of business relations in Ukraine.
An analysis of the current legal framework governing the boundaries and procedures for decision-making on the management of communal property revealed a lack of declarative rules that determine the prerequisites and procedures for the transfer of communal property from the common property of territorial communities in Ukraine. Author expressed an opinion that the existing procedure of managing objects of property rights of territorial communities, as an element of powers of the property owner, restrains the action of the principle of material and financial independence of local self-government enshrined in the Constitution of Ukraine.
It has been established that one of the key criteria that should be followed by entities empowered to manage communal property is social orientation in making any organizational and business decisions.
The idea of outsourcing as one of the most pragmatic ways to improve the efficiency of communal property management is supported given its wide range of optimization properties. The author also noted the possibility of delimitation of powers between local governments to manage the common property of territorial communities in the context of contractual relations established on the basis of voluntary cooperation and mutual responsibility.
Public administration, state administration and e-government: features of the interconnection
Authors: Mikhrovska M. 
Published: April 2022

The radical transformational changes taking place in Ukraine over the last few decades made a significant change in the terms that are used in the legislation. Thus, the terms "e-government", "digitalization" and "digital services" have become constant life companions of every citizen. However, one of the important things is, that in addition to the new modern terms in the legislation, the other terms are also used, which are quite outdated and should be revised. One of such terms, in our opinion, is the concept of old "state administration". Considering that this term was one of the key terms in the science of administrative law during the Soviet times, had a special purpose and specific methods of implementation, its application to modern phenomena such as e-government is completely inappropriate. Additionaly, application of this term is completely unsuccessful in view that the basis of e-government and digital transformations is democratization of relations between the state and the citizen, with the help of service components.
Moreover, the continued use of such term in the law effectively undermines the essence of administrative reform, which has been going on in Ukraine for over 25 years.
The article demonstrates the comparative analysis between the terms old "state administration" and the new, modern term "public administration" in the general sense and in the field of e-government in particular.
The author concludes that for several important reasons, the concept of "state administration" should be replaced by a more modern concept - "public administration", which is the key term in the law of European Union for already a long time. It was emphasized that "public administration" should be the basic term on which all other legislation will be based, including, above all, laws that determine the status and powers of executive bodies and local self-government.
European standards for administrative and legal enforcement of the right to free legal aid and national legislation
Authors: Sakhniuk V. 
Published: April 2022

The article analyzes the standards of administrative and legal support of the right to free legal aid. It is stated that this right is an inalienable right of everyone and is guaranteed by a number of international instruments, including the European Convention on Human Rights. The analysis of the case law of the European Court of Human Rights revealed the following main violations in the organization of the free legal aid process: 1. Insufficient activity in informing citizens about the possibility of receiving free legal aid and exercising their right to protection. 2. Vague wording of the grounds for refusal or unreasonableness of the decision to refuse in providing the free legal aid. 3. Untimely decision-making. 4. Lack of opportunity to appeal the refusal in providing free legal aid. 5. Lack of a formal decision communicated to the person in response to a request for legal assistance.
The following requirements for the organization of administrative and legal support of free legal aid are formed from these violations: 1. National institutions are obliged to make decisions in response to requests for free legal aid in a timely manner, which must be clearly motivated. 2. The procedure for appealing against a refusal to provide free legal aid shall be established in the national system. 3. The state is obliged to conduct an active information campaign to inform citizens of their right to free legal aid.
It is concluded that these requirements are reflected in national legislation in general, but in practice they need some refinement on the formal approach to the denial of free legal aid. Also, it is recommended to work on citizens’ awareness raise, including those imprisoned and their right to free legal aid.
Observance of the rules of administrative jurisdiction as a constitutional guarantee of judicial protection
Authors: Smokovych M. 
Published: April 2022

In the article, the author argues that the violation of the jurisdiction of the court can not be an insurmountable procedural barrier for the plaintiff in court proceedings related to the protection and restoration of his violated constitutional rights. This conclusion is based on the results of comparative legal analysis of the provisions of the CAS of Ukraine, the subject of legal regulation of which is to resolve the legal situation related to the legal fact of establishing the jurisdiction of a case of jurisdiction of the administrative court. The current CAS of Ukraine has regulate an exhaustive list of grounds for returning the statement of claim to the plaintiff, among which there is no such ground as «the case is not subject to this administrative court». It is stated that currently the CAS of Ukraine actually prohibits the administrative court from returning the statement of claim to the plaintiff if the court case is not within its jurisdiction. And rightly so. If the court establishes jurisdictional jurisdiction of a case to a certain administrative court, the plaintiff is not left alone with his case. The law require the administrative court to invite the plaintiff to take certain legally significant actions in order to provide real guarantees for the judicial protection of his rights and freedoms. This approach of the legislator is directly related to the need to ensure the optimal possibility of implementing the principles of legal certainty, access to justice, legality and the rule of law in general.
The article have done concludes that certain issues of judicial administrative proceedings, which are related to the jurisdiction of cases, need to be legally regulated in order to overcome some legal uncertainty that the plaintiff may face in the court of first instance.
The right to secrecy of telephone conversations in the information society (private law aspects)
Authors: Shymon S. 
Published: April 2022

The article examines the issues of civil law protection of the secrecy of telephone conversations. It was found that at the level of civil law, as well as legislation governing relations in the field of electronic communications, the right to secrecy of telephone conversations is insufficiently protected. In the provisions of the Civil Code of Ukraine, the right to secrecy of telephone conversations is erroneously considered as an integral part of the right to secrecy of correspondence and is not mentioned as an independent civil right. The norms of special legislation do not directly enshrine the right to secrecy of telephone conversations; in some cases, the protection of this right is brought to the secondary level, which reduces the level of guarantees of this right. An important deviation of the legislator from the idea of constitutional and legal protection of the right to secrecy of telephone conversations is revealed. Which is manifested in the fact that in special legislation (both at the level of laws and at the level of bylaws) this constitutional right is not related to secrecy and is protected by the protection of confidential information about the subscriber and the services he received or ordered. It is proved that the current civil legislation needs to be improved with the direct consolidation of the right to secrecy of telephone conversations as an independent civil right and appropriate means of its protection. It is proposed to define the content of a person's subjective civil right to secrecy of telephone conversations as a set of powers: the right to keep the content of telephone conversations secret: the right to maintain secrecy regarding other information about the subscriber and his telephone conversations; the right to demand that the necessary measures be taken to ensure the secrecy of telephone conversations; the right to claim the passive conduct of third parties for not violating the secrecy of telephone conversations; the right to protection of the violated secrecy of telephone conversations.
Social grounds for criminal responsibility for violation of the established rules of drug turnover
Authors: Lohvin A. 
Published: April 2022

The spread of drug addiction is a danger to both public order and public health. Persons under the influence of drugs can be a danger to themselves and to others, so the effect of some drugs on the body leads to dependence and even death. The state is called upon to protect its population from the spread of this phenomenon. One of the ways to achieve this goal is the criminal legal protection of legal relations defined by the state as possible and desirable. If a person commits acts that distort such legal relations, then the state, protecting a lawful model of behavior, imperatively gives a criminal legal assessment of the actions of this person.
The object of the research is the social relations accompanying the illegal circulation of narcotic drugs and psychotropic substances, regulated by the legislation of Ukraine. These social relations arise as a result of the following actions: inducement to the consumption of narcotic drugs and psychotropic substances; illegal cultivation of plants containing such substances; organization or maintenance of dens or systematic provision of premises for their (narcotic drugs and psychotropic substances) consumption; illegal issuance or forgery of prescriptions or other documents giving the right to receive them.
The issue of criminalization and decriminalization is a specific link in the system of criminal law policy functions. It constitutes a complex mechanism that includes a series of successive decisions and subsequent actions, which in the end lead to the emergence of grounds for applying to persons guilty of certain actions, criminal liability or the abolition of the latter [2, p. 131]. Criminalization or decriminalization of actions is determined by social conditioning.
Considering the multicomponent nature of the problem and its social prevalence (since it is a mass behavior of certain small social groups and even transforms the social structure), it can be concluded that effective counteraction to such a negative social phenomenon as drug addiction and drug crime is possible only with an integrated approach.
Temperament as a biological determinant of criminal behavior
Authors: Nesterova I. , Sofilkanych O. 
Published: April 2022

The article is devoted to the analysis of criminal behavior biological determinants, namely the influence of temperament on a person's deviance. Biological factors play a significant role in the formation of criminal behavior. They determine the specific nature of a person's reactions to any influences.
It is determined that temperament is a set of certain properties that quite stably characterize the dynamic features of the individual's psyche. In each case, it is fixed in the form of a psychological concept form of manifestation inherent in a particular individual lifestyle. Activity, reactivity, sensitivity, plasticity, extraversion, rate of reactions, emotionality, largely determine how a person lives, how he establishes and implements his relationship with the world.
Several theories of temperament and its relationship with criminal behavior are analyzed there. It has been found that biological theories of determining criminal behavior were probably one of the first from another ones. Most biological theories arose within the criminological study of society.
It is determined that in criminological reseaches, the study of temperament as a biological determinant of deviant behavior began to appear only in the late twentieth century in the works of American scientists. The main explanation for this fact is that much of the temperament research has been conducted by psychologists who study children at a very early age - long before they detect truly criminal behaviors. Manifested in the dynamic features of the human psyche and behavior, each type of temperament can have its advantages and disadvantages.
Modern criminological research allows us to conclude that it is not a specific form of deviant behavior (for example, criminal) that is inherited, but rather individual psychological traits that increase the likelihood of deviance, such as impulsiveness, aggression, domination, or leadership.
It is concluded that the biological determinants of criminal behavior act only in conjunction with the social ones and form a causal complex of crime and are a prerequisite for further development of measures to prevent crime in all its forms.
On the socially fair system of calculation of fine as a criminal penalty
Authors: Cheban O. 
Published: April 2022

The article analyzes the issue of socially fair system of calculating fines as a criminal penalty, and substantiates the proposal on the feasibility of revising the monetary equivalent in which the fine is calculated, as in Ukraine there is a real need for critical analysis of the latter/
The author proved that the current monetary equivalent, which calculates the fine in the sanctions of the articles of the Special Part of the Criminal Code of Ukraine, does not meet modern society requirements, introduces a significant imbalance in determining the amount of damage and liability for a criminal offense and does not take into account property (financial and economic) the condition of the perpetrator. It is proposed to take as a basis for a socially just system of calculating the fine the average monthly income of the perpetrator. The average monthly income of the perpetrator should include the amount of wages, pensions or scholarships, cash income from business or other legal activities, income in the form of interest on bank deposits, income from securities, land, real estate and other movable property. Therefore, the amount of the fine for the committed criminal offense will depend on the total income of the offender, will be real and justified given the economic (property) condition of the offender. And, most importantly, given the different wealth and income of individuals in Ukraine, the fine will really correspond to the criminal law content of the principle of justice.
It is determined that the fine applied to the guilty person must be both tangible on the one hand, and feasible and fair on the other. The fine should have a preventive value in its general and special aspects, rather than repressive and punitive effects. Therefore, to determine its preventive role, it is advisable to establish at the regulatory level an adequate equivalent for its calculation and an amount commensurate with the financial situation of the perpetrator and the criminal offense committed by him. This fair equivalent should be the average monthly income of the perpetrator, the latter is widely used in progressive foreign countries to calculate the fine as a criminal punishment.
Concept of non-legal disputes in Ukrainian judicial practice
Authors: Zaborovskyy V. , Peresh I. , Stoika A. 
Published: April 2022

This article reveals the problematic issues related to the exercise of a person's constitutional right to judicial protection.
This study compared the latest versions of the provisions of the Basic Law that determine the competence of courts of general jurisdiction; as well as some opinions of judges of the body of constitutional jurisdiction on the wording of this provision.
To achieve this goal, the authors analyzed the current practice of the Supreme Court in the system of courts of general jurisdiction. Based on this, a classification of disputes that are not subject to judicial review was formulated, namely cases: which are of a political nature; which belong to the exclusive competence of other bodies or for which there is no legal regulation; in respect of which the person has chosen an ineffective method of protection; and cases, the resolution of which will not have legal consequences for the rights, freedoms and interests of the individual.
Warns against the introduction of a mandatory pre-trial (out-of-court) method of dispute resolution, which would be contrary to the previous legal positions of the body of constitutional jurisdiction.
The significant essence of justice in general and the role of its consideration of the case on the merits with the adoption of a fair decision, where the latter will be a single act of social justice.
The question arises that the absence of any other remedy will undermine the very essence of the law as long as it is a denial of justice. Disputes themselves are a means of identifying the law.
The study leads to the conclusion that certain types of non-legal disputes, in particular those that are not regulated by law and those that will not have a direct impact on the rights and interests of the individual, can lead such a person to epistemic ambivalence, which is unacceptable in a state governed by the rule of law.
Trends in the development of the functions of advocacy in Ukraine
Authors: Stefanchuk M. 
Published: April 2022

The article highlights some current trends in the development of the functions of advocacy in Ukraine.
It is stated that one of the main problems that determine further improvement of justice, at the present stage of reforming its system in Ukraine, identified functional imperfection advocacy system.
The purpose of the article is to establish current trends in the development of the functions of advocacy in Ukraine and the prerequisites that determine them, as well as to set out their own vision of promising areas of development of this institution.
It is established that among the current trends in the development of the of the functions of advocacy in Ukraine are the following: selective and inconsistent implementation of the advocates’ monopoly of representation of another individual in court exclusively by an attorney-at-law; expanding the powers of state control regarding advocacy, considering the special potential of this legal profession; restriction of the rights of self-government bodies of advocacy in the field of formation of the judiciary due to changes in the legislative approach to the formation of bodies of the judiciary, according to which the powers of advocacy in this area lose their directness and become subjectively indirect; the availability of preconditions for changing the existing model of advocacy.
The perspective directions of development of the outlined processes are singled out: legal regulation by the state of the right to access to court considering requirements of principles of equality and justice, in particular in questions of possibility of influence on cost of services on representation not only its interests in court, but also taking into account the needs and resources individuals; determining the priority of the principle of confidentiality of advocacy in order to avoid the risk of possible conflict with the tasks of advocacy and the essence of advocacy in expanding the control powers of the state in relation to advocacy; modernization of the model of advocacy governance with the transition to the model of co-regulation, focusing on the consumer of legal services and the experience of countries with high efficiency of the justice system.