bluuebunny/crossref_metadata_2025_split huggingface dataset:
Administrative and legal status of juvenental prevention departments of the national police as subjects of offense prevention
Authors: Moroz O. , Kostovska K. 
Published: April 2022

The administrative and legal status of the National Police, determined by the norms of administrative law, the legal status of such a body in the state mechanism and public relations system and proves that the legal status of the National Police is manifested in the goals, objectives and principles of this body. he enjoys, aware of the functional purpose and tasks assigned to him.
Section II "Main tasks and competence of units of the Juvenile Prevention Unit" of the Instruction on organization of work of juvenile prevention units of the National Police of Ukraine states that among the main tasks of juvenile prevention units is preventive activities aimed at preventing misdemeanors among children, studying factors, causes and conditions. which contribute to this, taking measures within their competence to eliminate them. Important components of the administrative-legal status are to some extent provided by the administrative legislation. The legal basis of the administrative and legal status of juvenile prevention units of the National Police of Ukraine, as a subject of juvenile delinquency prevention, defined by the Constitution of Ukraine and the order of the Ministry of Internal Affairs of Ukraine "On approval of the Instruction on juvenile prevention units of the National Police of Ukraine" from 19 December 2017 1044.
Another element of the administrative and legal status of juvenile prevention units of the National Police of Ukraine as a subject of crime prevention among children is the structural and organizational unit, which contains regulations on the creation, reorganization, liquidation of police departments and structures; creation and change of structure concerning the organization, directions of work; control, etc.
A novelty in the activities of juvenile prevention units of the National Police of Ukraine was the adoption of the Order of the Ministry of Internal Affairs of Ukraine "On approval of amendments to the Instruction on the organization of juvenile prevention units of the National Police of Ukraine" from 25.06.2020 № 488.
Analysis of the legislative proposals for amendments to the Penal Code Of Ukraine aimed to overcome the pandemic disease COVID-19, caused by Coronavirus Sars-Cov-2
Authors: Matushenko O. 
Published: April 2022

Draft laws of Ukraine towards the amendments to the Penal Code of Ukraine aimed to overcome the pandemic disease COVID-19, caused by Coronavirus SARS-COV-2 are analyzed, namely: "On Amendments to the Penal Code (concerning the criminal liability for violation of the established procedure for vaccination of citizens against infectious diseases)" registration № 4647 26/01/2021 and "On Amendments to the Penal Code of Ukraine in terms of liability for forgery of documents about preventive vaccination" registration № 6084 23/09/21.
Some disadvantages of the following drafts are identified: 1) importation into Ukraine of a vaccine not registered in the State Register of medicine products is currently considered as an illegal activity; 2) placing into turnover of an unregistered medical product is a falsification and entails criminal liability under the provisions of the current article 321-1 of the Penal Code of Ukraine. Therefore, it makes no sense to criminalize actions of this nature; 3) the level of public danger of the proposed criminal offense (Article 321-3 of the Criminal Code of Ukraine) is not sufficient for the existence of the sanction Part 1 – imprisonment and its classification as "minor crimes"; 5) establishment of separate (special) criminal liability for forgery of documents related to preventive vaccinations is an excessive criminalization; 6) introduction of the proposed criminal offense (Article 321-3 of the Penal Code of Ukraine) to Section XIII "Criminal offenses in the sphere of drugs, psychotropic substances, their analogues or precursors and other criminal offenses against public health" Special part of the PenalCode of Ukraine does not take into account principles of the existing criminal law doctrine on delimitation and definition of the object of criminal law protection.
The inexpediency of detailing the forms of the objective side of the proposed criminal offense (Article 321-3 of the Penal Code of Ukraine) by introducing the concepts of "dissemination" and "implementation", as well as the introduction of a broader understanding of the term "use" as a «violation of a prohibition to use (sales and implementation ") is established;
The ways to overcome the identified disadvantages and improve the norms of the analyzed bills are pointed out. It is concluded that it is impossible to adopt amendments in this form to the Penal Code of Ukraine.
Problems of distribution of procedural expenses when dismissing a person from criminal responsibility
Authors: Kaplina O. , Sharenko S. 
Published: April 2022

The article deals with the issues relevant to law enforcement practice related to the awareness of the legal content of Articles 118 and 124-126 of the CPC of Ukraine. Based on the generalization of the case law of the courts of first, appellate and cassation instances, it is concluded that in Ukraine there is a heterogeneous practice on the distribution of procedural costs for persons whose criminal proceedings is closed and the legality of recovering from the accused in favour of State related to the involvement of expert. The authors state that criminal justice is a resource-intensive type of state activity, which is due to many factors, among which effective counteraction to criminal offenses and solving criminal proceedings requires a state system of criminal justice, which should unite bodies and institutions with powers to conduct pre-trial investigations, supervise compliance with the law during pre-trial investigations, judicial control, judicial review of criminal proceedings, review of court decisions, execution of sentences, establishment and proper functioning of institutions of providing protection, representation and other legal assistance on professional basis, etc.
Given the high cost of criminal proceedings, almost all of the costs are borne by the state. This is not accidental, because through criminal proceedings the public interest expressed in Art. 2 of the CPC in the form of tasks of criminal proceedings. At the same time, it is advisable to collect some procedural costs from persons who have committed a criminal offense. However, scholars have not paid enough attention to the distribution of procedural costs in criminal proceedings. This has led to the existence of regulatory defects in the CPC of Ukraine, which were inherited from the CPC in 1960. By stating the lack of the unity of the law enforcement practice and judges’ approach to the interpretation of the provisions of Chapter 8 of the CPC “Procedural expenses”, the authors of the article seek to find out the essence of procedural expenses in criminal proceedings, decision on their distribution during the closure of criminal proceedings at the stage of pre-trial investigation or trial, in particular the release of a person from criminal liability, as well as whether to recover from the accused in favor of the state procedural costs related to the involvement of an expert, in case of closure of criminal proceedings and implementation of doctrinal interpretation of the provisions of paragraph 3 of the Part 1 of Art. 118 of the CPC regarding the definition of the concept of costs associated with the involvement of experts in criminal proceedings, in their systematic combination with the Law of Ukraine “On Forensic Science”.
Sanctions in the system of criminal legal means of security activities protection
Authors: Syiploki M. , Nytka Ya. 
Published: April 2022

The article considers and analyzes the sanctions of the articles of criminal legal norms, which provide liability for criminal offenses against security activities. Emphasis is placed on the complexity of the researched issues, as the theory of criminal sanctions has not been developed yet; there are no clear principles and general rules for creating the limits of sanctions.
The opinion of scientists on the institution of punishment in the criminal legislation of Ukraine is analyzed there. Punishment in its content is a statutory restriction of certain rights and freedoms of the convict. Depending on the specific type of punishment provided for in the sanction of the article of the Criminal Code of Ukraine, such a restriction may apply to certain personal, property and other human and civil rights and freedoms provided by the Constitution of Ukraine.
It is stated that the sanction is a mandatory component of the article or part of the article of the Special Part of the Criminal Code of Ukraine, which is a model of the type and scope of punishment, proportional to the public danger of a criminal offense under the current Criminal Code.
It is noted that sanctions for criminal offenses against security activities do not always adequately reflect the nature and degree of public danger of acts, as well as the design features of the dispositions of criminal legal norms.
It is concluded that the analysis of sanctions of articles of the Criminal Code of Ukraine, in particular, sanctions aimed at protecting security activities, shows that there are certain shortcomings that must be eliminated by the legislator.
European mechanisms for the protection of human rights in the field of artificial intelligence technologies (hereinafter - AI)
Authors: Kornieieva S. 
Published: April 2022

The article examines the main challenges, faced by scientists and lawmakers in development of a regulatory framework for such technologies. The article reflects on the analysis of basic approaches, principles and concepts of regulation of AI technologies. The analysis revealed that the development and application of AI has raised many controversial legal and ethical issues, as well as complex institutions of law and legislation, and possibly even new branches of law.
Today, there is a lot of controversy among scientists in definition of a unified approach to the concept of "artificial intelligence". And this, in turn, affects the development of the legal framework, what requires a coordinated approach of specialists from different fields of research: technical, legal, ethical, etc. Also important and open to discussion is the ethical side of using such technologies. As it is seen, the concept of respect for human dignity has a high chance of being the basis for the legal regulation of AI. Because, even with differing views on the definition of AI, the goal of protecting human rights and ensuring their fundamental freedoms must remain paramount.
Important is the fact, that the immediate subject of research is technology, which is characterized by unprecedented speed and scale of development and change. This threatens the emergence of a significant number of risks and challenges to human rights, freedoms and legitimate interests, due to new advances in AI development. Scientists point out that one of the main challenges is to increase the gap between the rapid level of development of AI technologies and their implementation in society on the one hand, and the lack or obsolescence of research and legislation.
Another controversial issue addressed in the article is the uncertainty of the development of these technologies, which requires close cooperation of legal scholars with specialists involved in the development of AI systems to anticipate possible human rights violations that such technology may cause, as well as anticipation of the level and types of responsibility for the actions of AI systems.
Concepts and goals of public administration in the security and defense sector
Authors: Shopina I.M. 
Published: April 2022

The article is devoted to defining the concepts and goals of public administration in the security and defense sector. The author stated that public administration in the security and defense sector is currently developing at a very fast pace, which is associated both with the need to concentrate efforts of the state and civil society to repel Russian aggression, and with the intensification of the process of North Atlantic integration. Taken together, these factors confirm the relevance and importance of defining the concepts and objectives of public administration in the security and defense sector.
The article clarifies that the new paradigm of public administration does not deny taking into account and using the previous successful experience in the functioning of state institutions, including military formations. Conversely, the reasons for ineffective activity in different areas should be the subject of scientific analysis in order not to repeat the mistakes of the past in the future. The main criteria for the effectiveness of public administration in different historical periods must necessarily cover the protection of human and civil rights and freedoms, as well as the implementation of the principle of humanism.
The article formulates the definition of public administration in the security and defense sector as a complex of administrative and legal means, the combination of which allows transforming public relations to achieve a higher level of protection of human and civil rights and freedoms, strengthening the defense capability of our state and reducing the impact of threats to national security.
The author proposes defining the goals of public administration in the security and defense sector. It was found that they cover: a) provision, protection and renewal in violation of national interests from external and internal threats to the national security of Ukraine; b) provision, protection and renewal in case of violation of the rights and freedoms of individuals and legal entities in their relations with subjects of the security and defense sector; c) improvement of the military command and control system.
Juvenile victimization's features and ways of it's prevention
Authors: Berdnik I.V. , Berebenets K.A. 
Published: April 2022

The article is devoted to the peculiarities of the victimhood of minors in the mechanism of criminal behavior.
The aim of the article is to study the main features of victimhood of minors and identify ways to prevent it. The authors propose their own classification of sources of increased victimhood of minors. Particular attention is paid to the identification of determinants that contribute to the victimization of minors. Analysis of juvenile victimhood and its components allowed the authors to reveal the characteristics of the juvenile's personality, identify factors and conditions that catalyze this process, and socially justified measures to be developed and taken for victimological prevention of juvenile involvement in illegal activities. Examining the consequences of domestic violence against minors, the authors noted that they are closely related to many adverse health effects that affect the functioning of the brain and nervous system, gastrointestinal tract and urogenital system, immune and endocrine functions. The propensity for violence in childhood is also closely linked to further risky behaviors, such as alcohol and drug abuse and smoking. Juvenile victims of violence are also at increased risk of depression, anxiety, post-traumatic stress disorder, and suicidal behavior.
For society, domestic violence is manifested in the loss of human lives as a result of murders and suicides of minors, as well as the emergence of persons with mental and physical disabilities, low social status and deviant behavior. It should also be emphasized that a child can be both a direct and indirect victim (witness of violence) and at the same time face serious negative consequences that affect the emotional and cognitive well-being of the individual at each stage of development.
Somatic (personal) rights: conceptual and categorical principles
Authors: Gromovchuk M. V. 
Published: April 2022

In the context of the research topic, the author focused on the conceptual and categorical apparatus. The focus is on the issues of "somatic" and "personal" categories in the context of human rights. It is established that there is no consensus on the content and terminology of such rights. Moreover, the terminological aspect seems to us no less important, because semantic unambiguity in law is a necessity that avoids contradictions between the definition of the term and its legal essence, difficulties in interpreting the laws. Violation of the requirement of uniformity in definitions leads to the emergence of "terminological polysemy".
It is noted that despite a number of scientific approaches to the problem of personal rights, diversity of opinion and radically different understanding of the purposes of recognition of these rights by morals, ethics, religion, politics, studied in terms of law and philosophy, it follows that these rights are different close connection with fundamental rights and the physiological essence of man, dependence on progress in biomedicine, is the product of modern society, require an appropriate mechanism of legal support and, undoubtedly, is a large group of human rights. Personal (somatic) rights need to determine a worthy place in the human rights system and the system of Ukrainian and international law.
The author considers it appropriate to use the term "somatic rights" and not "personal", first, because of the explanation of the danger of possible pluralism in socio-humanitarian knowledge and the terminological similarity of the definition of "personal" rights with "personal" human rights and, according to -second, due to the fact that substantiating the legal scientific nature of the term "personal" rights, the main semantic load is precisely the word "personality"; these are rights that have an individual, "purely personal character."
Judgment performance: individual problems
Authors: Ustrytska N. 
Published: April 2022

It is investigated that the peculiarities of criminal responsibility and punishment of minors are its individualization, which is based on the maximum consideration of biological, psychological and social immaturity of minors. That is why the state flexibly reacts to such age peculiarities and establishes special rules of criminal-legal influence on such persons. One of the manifestations of individualization of juvenile punishment is an exhaustive list of types of punishment that can be applied to them and the terms of their execution and serving. Attention is drawn to the impossibility of imposing any of the penalties listed in the sanction due to certain age restrictions, restrictions and property status of the person. Such legal restrictions on the application of juvenile punishment lead to unfavorable conditions compared to adults who have committed the same criminal offenses, as the only possible type of punishment is imprisonment. In other cases, on the contrary, the juvenile is not subject to appropriate measures of criminal law and, accordingly, there is a situation of impunity. Thus, at the present stage of development of criminal law, the regulation of the system of juvenile punishment requires its renewal.
It is investigated that in the draft Criminal Code of Ukraine the types of punishment for minors are reduced to fines, fines and imprisonment (Article 3.10.3 of the draft Criminal Code). Such a system of punishments is also not without flaws, as a person who has no income or property is sentenced to imprisonment (crimes of 1-3 degrees) (Article 3.1.7 of the draft Criminal Code "Sanctions"). Punishments such as community service, correctional labor and arrest have become part of probation.
In resolving problematic issues of the application of punishment to minors, it is expedient to turn to international standards in the field of protection of the rights and freedoms of minors. International recommendations are aimed at "restricting or imprisoning a minor only as a last resort and for a minimum period" and "the need for the widest possible application of educational, labor, supervisory, educational, socially oriented, preventive non-criminal measures."
Place of evidence in the mechanism of investigation of criminal proceedings about corruption crimes
Authors: Shakhvorost А.А. , Kuzmenko O.V. 
Published: April 2022

The article conducts a scientific study of the place of evidence in the mechanism of investigation of criminal proceedings on corruption crimes; the essence of the category of «proof» is determined, its characteristic features are established. The category of «proof» finds its origins in philosophy, in it it reflects one of the universal forms of comprehension of the world, and from it it was later borrowed from legal science. Unlike philosophy with its abstractions, in jurisprudence the category of «evidence» represents a separate, private relationship related to a particular, specific field of activity.
The study found that evidence in corruption investigations is the collection, verification, and evaluation of evidence to establish circumstances relevant to corruption offenses. Collection, verification and evaluation of evidence are elements of a single process based on a single methodology, but they are aimed at different sub-objectives in establishing circumstances relevant to criminal proceedings, which is the basis for their separation as separate elements. Gathering evidence is a purely practical activity, which consists in the subjects of proof of cognitive and evidentiary actions, in order to obtain new evidence. Methods of gathering evidence can be classified by subject (characteristic of the prosecution and characteristic of the defense) and by activity (active and passive). Verification of evidence is carried out by the subjects of evidence, which depend on the adoption of procedural decisions in criminal proceedings, by comparing and comparing the evidence with existing evidence in the proceedings, in the study of the content of evidence; purpose - to determine their reliability, eliminate doubts and contradictions, gaps in the evidence. Evaluation of evidence is a purely mental activity aimed at assessing the evidence in terms of relevance, admissibility, reliability, and the totality of the evidence collected - the sufficiency and interrelationship for the relevant procedural decision.