bluuebunny/crossref_metadata_2025_split huggingface dataset:
Some issues of legal regulation of requisition in Ukraine
Authors: Chaplyk I. 
Published: June 2022

Property rights in Ukraine are guaranteed both at the level of the Constitution of Ukraine and at the level of many other legislative acts. Proper legal regulation of this legal institution has become the key to the economic development of our state and the preservation of its potential. The Civil Code of Ukraine, as the main act of the civil legislation, has paid the special attention to the regulation of property relations. At the same time, both the grounds for acquiring the right of ownership and its termination are the subject to effective settlement in the conditions of European integration processes, and in the modern period the issues of requisition has become especially relevant.
Requisition is a way to terminate the ownership of property (including land) in case of natural disasters, accidents, epidemics, epizootics, martial law or state of emergency and other emergencies for reasons of public necessity and is both a way of creating the exclusive right of state property. The legislation of Ukraine also has defined the compulsory alienation of property and confiscation of property: compulsory alienation of property – is the deprivation of the owner of the right to individually determined property in private or communal ownership and which becomes state property for use in martial law or state of emergency previous or subsequent full reimbursement of its value; confiscation of property – is the deprivation of state enterprises, state economic associations of the right of economic management or operational management of individually determined state property for the purpose of its transfer for the needs of the state under the legal regime of martial law or state of emergency. By their purpose, all the procedures described above mediate a common goal – the provision of property for the needs of the state under the legal regime of martial law, state of emergency or other extraordinary circumstances.
Innovative remuneration systems in the period of economic stagnation
Authors: Lutsenko O. 
Published: June 2022

It has analyzed some tariff-free remuneration systems that are widely used in world practice, and some of them are gradually “entering” the legal realities of Ukraine.
The author has emphasized that the competitiveness of the remuneration system should ensure the involvement of a workforce with a high level of professionalism and skills, consistent with the strategy and tactics of the organization, especially in times of economic stagnation.
In a period of economic stagnation, positive foreign experience can be used to implement different remuneration systems. Innovative forms of remuneration, which include tariff-free and flexible systems, have recently become increasingly used to reconcile the interests of employees and employers. Innovative remuneration systems are aimed at providing employees with material incentives that can be most effectively used in the implementation of innovative forms of remuneration.
Tariff-free remuneration systems can be classified depending on the contribution of employees to the final results of the organization into the following types: 1) a system of floating salaries; 2) an expert system of performance evaluation; 3) a system of remuneration using the coefficient of labour costs; 4) a share system of remuneration; 5) a rate of remuneration; 6) a system of remuneration on a commission basis (PFP – “Pay-for-Performance”); 7) cash payments for the implementation of objectives (Management by Objectives); 8) universal market system of wage assessment.
Remuneration systems that take into account the work skills of employees, in particular, SBP systems (skill-based pay systems), are common in foreign practice. In world practice, there are also different models of remuneration for work performed, taking into account work skills, focused on both individual and group jobs and types of work.
New changes in the labor legislation of Ukraine during the armed aggression of the Russian Federation on the territory of Ukraine
Authors: Makarenko N. 
Published: June 2022

The article examines the current changes in labor legislation, which were adopted by the Verkhovna Rada of Ukraine in March 2022 in connection with the martial law due to the armed aggression of the Russian Federation in Ukraine. The Law of Ukraine “On the organization of labor relations in martial law” is reviewed, the main provisions that are important for the development of labor relations in martial law for both employees and employers are determined.
Changes in the conclusion of an employment contract for this period are studied in detail. Possibilities of termination of the employment contract on the initiative of both the worker and the employee are studied. The problem of registration and termination of labor relations in those regions of Ukraine where active hostilities are conducted is traced.
The article focuses on the forms of employment contract for the period of martial law, in particular, the conclusion of an employment contract may be in writing or orally.
There are changes in wages. From now on, the employer is released from liability for late payment of wages to the employee, if he proves that the reasons for late payment were force majeure, such as hostilities and martial law.
An innovation such as the suspension of an employment contract, which is possible in connection with military aggression against Ukraine, is being studied in detail. Due to the suspension, it excludes the possibility of employment by the employer and its performance by the employee. It is emphasized that the termination of the employment contract is not the termination of employment with the employee. Attention is drawn to the fact that the employer, under such conditions, is not obliged to pay wages to its employees, and further reimbursement of any payments to employees who were unable to make the employer in connection with the suspension of the employment contract, in full will rely on the aggressor state, namely the Russian Federation. The article also draws attention to the new bill submitted to the Verkhovna Rada of Ukraine in April 2022 on amendments to some laws of Ukraine on the optimization of labor relations in martial law. Emphasis is placed on the new points by which this bill fills in the gaps in the Law №2136.
Features of legal regulation of financial autonomy of higher education institutions
Authors: Timchak V. , Fridmanskyу R. 
Published: June 2022

The article considers the legal support of financial autonomy of higher education institutions (HEI). The research-orientation of forms, ways and methods of normative consolidation of financial autonomy of the Free Economic Zone in the European Union is carried out. Legal conflicts and positive legislative approaches are studied through the prism of review of relevant acts of lawmaking: the Law of Ukraine “On Education”, the Law of Ukraine “On Higher Education”, the Law of Ukraine “On Complete General Secondary Education”, the Law of Ukraine “On Public Procurement”. The key elements of the financial economy of the Free Economic Zone on transparency and food security are highlighted (Resolution of the Cabinet of Ministers of Ukraine № 305 of March 24, 2021 “On approval of norms and procedures for nutrition in educational and children’s health and recreation facilities”.
At the theoretical level, a review of the concepts of financial and economic, founding and food autonomy of the Free Economic Zone in accordance with modern regulatory criteria.
The author’s-conceptual view on the settlement of normative differences and the introduction of hypothetical changes in the relevant legislation is given.
It is established that the legal regulation of the financial autonomy of the Free Economic Zone in Ukraine has signs of complexity, orderliness and systematization. The process is provided by the Law of Ukraine “On Education”, the Law of Ukraine “On Higher Education”, the Law of Ukraine “On Complete General Secondary Education”, the Law of Ukraine “On Public Procurement”, Resolution of the Cabinet of Ministers № 305 of 24.03.2021 approval of norms and the Procedure for the organization of nutrition in educational institutions and children’s health and recreation facilities “, in part –– Resolution of the Cabinet of Ministers № 215 of 15.04.2015” On approval of the Regulations on the State Treasury Service of Ukraine “.
At the same time, normative-legal regulation sometimes has signs of illogicality and inconsistency (such as the normative determination of the status of the founder, manager and authorized person when spending funds as an element of ZVO’s own financial autonomy according to Ukrainian legislation).
At the same time, in our opinion, the selective incorporation of the positions of the European Commission and EU member states on providing a multi-educational environment with the process of information and economic openness should become an important element of normative and legal support of free economic autonomy in Ukraine.
On the definition of the concept «criminal offense»
Authors: Sydoruk I I. 
Published: June 2022

The article is devoted to general problems of inconsistency of national legislation in terms of terminology and interpretation of some key concepts of criminal law.
The shortcomings of the law on criminal liability can have catastrophic consequences for a number of actors: offenders, victims, pre-trial investigation bodies, judges, etc.
One of the most discussed issues in scientific and practical circles is the novella of the Criminal Code of Ukraine, which from July 1, 2020 introduced into law enforcement the term «criminal offense» as a collective in relation to the terms «crime» and «criminal offense». The main reason for this was the exceptional workload of investigators, prosecutors and judges with small criminal cases. Accordingly, they are planned to be considered in a simplified format of inquiry. This step is certainly justified, but it has led to the need for a comprehensive revision and amendment of terminological amendments to a number of regulations, which, in turn, have led to a large number of both internal and external inconsistencies.
In accordance with the new versions of Articles 11 and 12 of the Criminal Code (hereinafter – the Criminal Code) of Ukraine, the concept of «criminal offense» is introduced, criminal offenses are divided into criminal offenses (hereinafter – misdemeanors) and crimes; a misdemeanor differs from a crime only formally - by punishment: it cannot provide for imprisonment, and the fine for a misdemeanor cannot exceed three thousand non-taxable minimum incomes. Therefore, Article 11 of the Criminal Code of Ukraine states that a criminal offense is a socially dangerous criminal act (action or omission) committed by the subject of the criminal offense.
In the end, misdemeanor and crime are almost indistinguishable: like crime, misdemeanor is a socially dangerous crime; like a crime, a misdemeanor entails a criminal record; guilt in both the crime and the mis- demeanor must be established by a court conviction. Nevertheless, the procedure for pre-trial investigation and trial of misdemeanors, according to Law №2617-VIII, differs significantly from the similar procedure for crimes. In accordance with the provisions of Articles 38, 40-1, 71, 214, 219, 298-3, 298-4, 300 of the Criminal Procedure Code (hereinafter - CPC) of Ukraine, such a form of pre-trial investigation as the inquiry acquires a new meaning - for pre-trial investigation of misdemeanors.
Formation of inquiry as a type of procedural activity
Authors: Lukyanchikov Ye. , Lukyanchikov B. 
Published: June 2022

The article considers the process of origin, development and regulation of special state bodies and individuals, aimed at collecting and storing information about the circumstances of the offense and creating appropriate conditions for trial. Depending on the normative regulation of such activities and the definition of the functional responsibilities of the bodies entrusted with its implementation, it is proposed to allocate the appropriate stages.
Emphasis is placed on the need for in-depth study of procedural means of proof during the inquiry, as a form of pretrial investigation.
It is noted that at the initial stage of development of the search process, the inquiry was conducted according to customary law, its procedural form was not normatively determined, and the collected materials were not recognized as evidence during the trial.
The next stage in the development of inquiry is characterized by the allocation of two types, depending on the severity of the criminal offense for which it was conducted. According to one of them, it was carried out in those cases when the pretrial investigation was not conducted, and according to the second one it preceded the preliminary investigation. In both cases, the inquiry was tasked with preserving the traces of the crime and eliminating the possibility of the suspect disappearing.
The stages and preconditions of forming an inquiry as an independent form of pretrial investigation were considered, first by specially designated units (starting from the 1960s) and then by independent bodies of inquiry (according to the current CPC of Ukraine).
It is inexpedient to confuse inquiry as a type of procedural activity, the implementation of which was entrusted to the bodies of inquiry, with operational and investigative activities aimed at solving crimes, which is entrusted to the operational units specified by law.
Proposals to standardize the means of verifying information about criminal offenses at the initial stage to clarify the circumstances of its commission are substantiated.
Use of technical means during an investigative experiment
Authors: Poliak Yu. 
Published: June 2022

The article highlights the problems of using technical means during such an investigative (search) activity as an investigative experiment. For this purpose, the practice of pre-trial investigation bodies, expert institutions and scientific literature have been analyzed. Since the purpose of this procedural action is to verify and clarify information important for the pre-trial investigation, it emphasizes the need for mandatory use of a variety of technical means, which will be most appropriate and effective depending on the circumstances of the criminal offence.
Attention is drawn to cases when an investigative experiment should be conducted in the housing or other property of a person. In this case, a video camera will be a mandatory means of recording, for the normal operation of which during the entire procedural action it is advisable to have several powerbanks and a significant amount (32 GB or more) of data storage device in reserve. To provide direct technical assistance, it is recommended to involve a specialist who has special skills in using technical and other means in conducting an investigative experiment. This will allow the investigator to focus on drawing up a protocol, high-quality organization of the investigative experiment and achieving the purpose of its implementation, and the specialist will ensure its high-quality recording and proper design of applications.
Recommendations are given for the use during the investigative experiment of not only such standard means of fixation as a camera or video camera, but also a forensic briefcase, various means of lighting, measuring devices (laser range measuring device, measuring tape, sound level meter, speed gun TruCAM), means for reconstructing an event or creating conditions close to it (water sprayers, fans), etc. Taking into account the variety of technical means, it is noted that the investigator must comply with the requirements of Article 104 of the Criminal Procedure Code of Ukraine regarding a detailed description in the protocol of the characteristics of technical means and information carriers using which the investigative experiment is recorded.
The system of law in the context of modern approaches to the understanding of law
Authors: Ryndiuk V. 
Published: June 2022

In the article the current state of research on the problem of the structure of the system of law and the criteria for distinguishing branches and institutions of law in legal science is being studied. It is noted that in studying this issue it is necessary not only to reproduce traditional approaches in the theory of law, but also
to take into account the latest developments of domestic theorists of law in this area, critically analyze the possibilities of using them to address ambiguous issues of legal theory. The debatable problem of the criteria for distinguishing branches and institutions of law as structural components of the system of law encourages the continuation of scientific research aimed at an objective solution to this issue. One of such researches is the work “Branches and institutes of the system of law (myths and reality)” (K., 2002) of the author of the dialectical theory of law, Doctor of Law O.I. Yushchyk. The use of the dialectical method as a basic method of scientific knowledge gave him the opportunity to draw fundamentally new conclusions about the structural elements of the system of law that change the traditional legal picture.
It is determined that the primary structural element of the system of law should be considered not a norm of law, but subjective rights and relevant legal obligations of the subjects of legal relations in their interaction, which are expressed in the disposition of norm of law (subject of norm of law).
It is noted that the institution of law is not built on the basis of homogeneous social relations of a certain type, but the objective substantive basis of legal institutions are the relevant social institutions, the necessity of which in a particular society is determined by social needs. Norms of law regulate social relationships, primarily through the legal regulation of relevant social institutions. The formation of a legal institution in the system of law means that the relevant social institution is recognized by the government as necessary, mandatory, that is, it is sanctioned by it, and therefore the rules of conduct that determine the functioning of this social institution are embodied in norms of law.
It is stated that the basis for building a branch of law is not a common subject and method of legal regulation, but generalized (generic) starting law, which includes a range of starting rights (subjects of norms of law, their dispositions, ie subjective rights and relevant legal obligations). For example, the set of subjective starting rights of family members forms a generalized family law; the set of subjective starting rights related to work, form a generalized labor law; the set of starting rights of different subjects to economic activity forms a generalized economic law, etc.
Enumeration of rooted 3-connected bipartite planar maps
Authors: Noy Marc , Requilé Clément , Rué Juanjo 
Published: June 2022

Abstract
We provide the first solution to the problem of counting rooted 3-connected bipartite planar maps. Our starting point is the enumeration of bicoloured planar maps according to the number of edges and monochromatic edges, following Bernardi and Bousquet-Mélou [J. Comb. Theory Ser. B (2011)]. The decomposition of a map into 2- and 3-connected components allows us to obtain the generating functions of 2- and 3-connected bicoloured maps. Setting to zero the variable marking monochromatic edges we obtain the generating function of 3-connected bipartite maps, which is algebraic of degree 26. We deduce from it an asymptotic estimate for the number of 3-connected bipartite planar maps of the form t · n
−5/2
γ

n
, where γ = ρ
−1 ≈ 2.40958 and ρ ≈ 0.41501 is an algebraic number of degree 10.
Asymptotic behaviour of d-variate absorption distributions, d = 1, 2
Authors: Vamvakari Malvina 
Published: June 2022

Abstract
In this work we study the asymptotic behavior of univariate and bivariate absorption discrete q-distributions. Specifically, the pointwise convergence of the univariate absorption distribution to a deformed Gaussian one and that of the bivariate absorption to a bivariate deformed Gaussian one, are provided.
Organisational Commitment, Motivation and Job Satisfaction
Authors: Bucăţa George , Virca Ioan , Popescu Florin 
Published: June 2022

Abstract
Employee engagement is a constant theme in the business world. When employees are successful, so are the companies they work for. The purpose of this article is to bring to the forefront some information that can influence higher organisational engagement and help managers approach open methods of employee relations to get employees dedicated to collaborative work and results. In business, motivation is closely linked to organisational commitment. The higher the level of engagement, the more things like productivity or efficiency can occur, giving the employer more advantages over the competition.
Development of the Underwater Polygon for the Training of Professional Divers
Authors: Rădulescu Fănel , Stanciu Tamara , Agape Adriana , Avram Emil 
Published: June 2022

Abstract
The major multi-annual project of the Romanian Naval Forces Polygon for the training of professional divers, developed within the Sectorial Research and Development Plan of the Ministry of National Defense, initiated in 2020, was continued in 2021 by the research team of the Diving Center in Constanţa, by configuring the main work modules. The paper presents the technical development of the capabilities and the solutions of location of the main equipments for each of the 4 modules, respectively Module 0 (the surface), Module 1 (5-7 m deep), Module 2 (15-17 m deep), and Module 3 (20 m deep).
Competencias directivas, para la participación de los padres en las escuelas básicas de Chiloé, Chile
Authors: Marichal Guevara Oruam Cadex , Barrientos Piñeiro Claudio Alejandro , Campos Méndez Marcela Carmen 
Published: June 2022

Se muestra los principales hallazgos respecto de un valioso conocimiento que emerge de un estudio centrado en las competencias directivas que poseen y movilizan los directores para promover la participación de los padres en las escuelas básicas, de la Provincia de Chiloé en Chile. Se expone concepciones y valoraciones sobre la participación de padres, prácticas y estrategias que movilizan los directores, actividades y niveles de participación y elementos del contexto que favorecen y dificultan dicha participación. Se utilizó un enfoque cualitativo de paradigma interpretativo y una metodología de Estudio de Caso de orientación descriptiva, por tanto, decantó en un estudio inductivo/deductivo. El análisis de la información permitió obtener conclusiones acerca de la importancia decisiva del rol y liderazgo directivo para trabajar mancomunadamente con los padres para fortalecer la formación y los aprendizajes de los estudiantes.