bluuebunny/crossref_metadata_2025_split huggingface dataset:
Liability of the parties for violation of the terms of the contract for the performance of scientific and research works
Authors: Kotenko O.M. 
Published: December 2022

Scientific activity is traditionally associated with activity of a creative, research nature, the results of which can satisfy the scientific interest of the researchers themselves, as well as the needs of industry, agriculture, the construction industry, medicine and many other spheres of activity of modern society. Thus, scientific activity is not limited only to inquiries related to actual scientific issues, and is not limited to any one scientific field. Real results are expected from modern science, capable of increasing the efficiency of various types of activities, providing a visible economic effect and social well-being. Meanwhile, the legal nature of legal relations implemented in the field of scientific activity, including the performance of scientific and research works, remains poorly researched.
Scientific and scientific-technical activity is an integral part of the educational process, which ensures the integration of education and science. Recently, issues related to research and innovation activities are very relevant, which is due to the desire of our state to enter the innovative path of economic development.
The high significance of the research topic is due to the desire of the state to enter the innovative path of economic development, in connection with which the role of contracts for the performance of scientific research works and their legal regulation is actualized. This is due to the fact that in a market economy the role and importance of funds of a civil-legal nature in the sphere of creation and use of both scientific and technical products and the results of intellectual activity (research works), which, in turn, acquire the properties of goods and are quite are widely involved in civilian turnover
In this regard, the role of contracts for the performance of research, development and technological works is updated.
Research works are a set of works aimed at obtaining new knowledge and practical application in the creation of a new product or technology.
These contracts are one of the main "tools" for the registration of civil legal relations aimed at the implementation of research, development and technological works.
(Non)violation of the property rights of business entities: separate expositions from the practice of the ECtHR
Authors: Zaborovsky V.V. , Manzyuk V.V. , Orlova O.S. 
Published: December 2022

This article is devoted to the study of the essence and role of the principle of inviolability of property rights in the economic life of economic entities. In order to achieve the set goals, decisions of the European Court of Human Rights were analyzed: both key and current case law.
The main principles of the proper implementation of property deprivation and control over the use of property at the national level by the participating states have been determined. A key role among such principles is played by the principle of the legitimate purpose of interference with property rights in the public interest and the principle of fair balance. Thus, any interference with the exercise of rights or freedoms recognized by the Convention must pursue a legitimate aim. And there must be a reasonable proportional relationship between the means used and the goal pursued by any measures taken by the state, including measures aimed at depriving a person of his property. Thus, in every case involving an alleged violation of this article, it must be established that the person does not bear an unreasonable and excessive burden because of such actions or inactions of the state.
To ensure the reliability and completeness of the obtained results, authors used a complex of general scientific and special methods, which are characteristic primarily of legal science, in the scientific research. The complex use of such methods ensured the achievement of the goal and objectives of the research, as well as the persuasiveness of the formulated conclusions. The research was conducted primarily using the system-structural method and the dialectical method of learning legal reality.
Based on the conducted research, authors came to the conclusion that, despite its long history, it should be recognized that the right of ownership, as before, remains almost the most controversial institution of private law. For Ukraine, the topic of property has always been one of the cornerstones in law, politics, and philosophy. Over the past two centuries, the attitude to property has changed radically several times: this legal institution reflected the feudal peculiarities of property relations regulation, then capitalist, socialist with a socio-economic orientation, and today its purpose is seen in ensuring reliable, stable relations in the conditions of a market economy.
Social integration of youth as a form of social protection of youth
Authors: Chernysh A.R. 
Published: December 2022

The article examines the concept of integration to achieve the process of inclusion of youth in the development of civil society, taking into account the socio-cultural context, taking into account the historical patterns of the country's development. Current legislation in the field of social protection of youth, in the field of employment, provisions of the Constitution of Ukraine regarding the legal regulation of the process of labor integration of youth are analyzed. The works of theorists of labor law and social security law O.M. Yaroshenka, Yu.M. Shchotova, P.M. Rossokhatskgo, T.A. Kolyady were studied. etc. on the subject of the problems of youth implementation of the right to work, as a guarantee of the development of spiritual, creative potential and economic independence. The article draws attention to the problems and obstacles faced by young people in the process of realizing their labor rights. Emphasis is placed on the importance of professional training that a young person can undergo to increase their competitiveness in the labor market. Just as professional training is the process of acquiring or improving professional knowledge, abilities and skills by a person in accordance with his vocation and abilities, which ensures the appropriate level of professional qualification for professional activity and competitiveness in the labor market. The experience of such highly developed countries as Great Britain, Germany, Japan, France, and the USA was studied. Measures taken by countries to limit youth unemployment are noteworthy. The example of Bulgaria is given, where the practice of developing age-differentiated employment programs for young people is widespread; Germany, where there is professional selection and career guidance at an early age; the combination of professional training and production activities at the expense of specially created government funds by local authorities takes place in Denmark; encouraging employers to employ young people aged 16 to 26 in the form of reduced amounts of social contributions for them as a kind of tax benefits is actively used in France and Spain; the active practice of involving young people in six-month internships with at least the minimum wage has a positive effect on the further employment of young people in Australia. Proposals are given for the introduction of advanced foreign experience.
Appeals of decisions, actions or inaction of authorities regarding the provision of electronic services in the field of migration and citizenship in the administrative court
Authors: Shtcherbyna Ye. , Leheza Ye. 
Published: December 2022

The scientific article is devoted to the coverage of the court procedure for appealing against decisions, actions or omissions of public administration entities regarding the provision of public services in the field of migration and citizenship. It has been established that an administrative appeal, despite the optionality, is an important step in the provision of public services in the field of migration and citizenship. On the one hand, the appeal is intended to identify and eliminate shortcomings in the practical procedural activities of public authorities in the field of migration; on the other hand, contributes to the improvement of the procedural model of resolving individual cases in the research area, identifying its defects and weaknesses.
Emphasis is placed, the legislative consolidation of the possibility of appeal in court and administratively requires two forms of appeal - administrative-procedural and administrative-procedural, which together create a guarantee tool to protect the rights of individuals to citizenship and freedom of movement and free choice of residence.
Given the importance of protecting the rights and freedoms of individuals as a party to public relations in the study area, the possibility of appealing against decisions, actions or omissions of public authorities in this area should be recognized as an important guarantee of preservation and restoration of individual rights. In these examples, the judiciary has performed this protective function; to strengthen this trend, it would be rational to use the tool of an exemplary administrative case, which has become one of the most anticipated novelties in the reform of administrative justice. According to Part 22 of Art. 4 CAS of Ukraine an exemplary case is a typical administrative case accepted for proceedings by the Supreme Court as a court of first instance to issue a model decision; in other words, with the help of an exemplary case, an effective procedural mechanism of consideration of cases similar in scope and specifics of legal relations in which the conflict arose, composition of the parties and legal norms by which they are regulated, following the example of the Supreme Court decision in one such case, that is, in an exemplary case.
On some theoretical aspects of the activities of local self-government bodies in ensuring the safety of the population
Authors: Ostapenko O.I. , Baik O.I. 
Published: December 2022

The article examines the theoretical aspects of the activities of local self-government bodies, which characterize the features and conditions for the practical implementation of forms, functions, methods, and other means and methods by which the processes of ensuring the safety of the population are managed. Priority tasks and measures to ensure security related to the activities of local executive bodies were analyzed.
It was noted that the performance of functions related to ensuring the safety of the population by local executive bodies is influenced by the forms of their activity, which are fixed in normative legal acts. This is due to the diverse content of the executive branch's activities. The forms of activity of the executive power bodies, according to their purpose, have an organizational, authoritative, official legal consolidation in the relevant normative legal acts, which establish the competence of a specific executive power body. The national legislation of Ukraine, which regulates social relations in the sphere of public security by executive power bodies at the national and local levels, is analyzed.
The conclusions suggest a number of approaches aimed at improving the activities of local self-government bodies to ensure public safety. In particular, an important element of the activity of local executive bodies in the sphere of ensuring public safety is its normative legal regulation, the purpose of which should cover a wide «safe space» of relations to which the powers of executive bodies extend. In addition, linguistic and legal approaches in explaining the meaning of terms that characterize the activities of local executive bodies in the field of public safety have a positive effect on the practical implementation of measures aimed at ensuring public safety. It is noted that the administrative-jurisdictional activity of the executive authorities has a fairly broad entrenchment in the administrative legislation of Ukraine, but it remains «soviet» in content, which is an obstacle to legal influence on the regulation of relations in the security sphere, which by its political, social, economic, ideological content has a different content.
Problems of the implementation of «anti-oligarchy legislation» in the aspect of innovative transformations of the legal system of Ukraine
Authors: Perederii O. , Perederii O. 
Published: December 2022

The article presents the results of the analysis of the problems of the full implementation of the «anti-oligarchic legislation» of Ukraine, taking into account the activation of European integration and granting the state the status of a candidate for joining the European Union.
Taking into account the positive aspects of the implementation of the «anti-oligarchic legislation» of Ukraine, the essence of three blocks of problems is singled out and revealed: technical and legal imperfections of the "anti-oligarchic law", inconsistencies in the content of the legislation in terms of the criteria for determining the status of a specific person as an oligarch, inconsistencies in the competence of subjects who are authorized to apply legal restrictions on oligarchs on behalf of the state.
Attention is focused on the fact that the imperfection of the legal mechanism for the implementation of anti-oligarchic legislation prompts the European Union to insist on the correlation of the provisions of the special Law on oligarchs with the universal principles of the rule of law and democracy. Ukrainian society must understand the importance and role of anti-oligarchic policy, as well as feel its effectiveness. In turn, the EU states, as the main donors of reforms in Ukraine, should be confident in the objectivity of the political position of our state, count on the full implementation of the universal standards of the EU legal system at the domestic level. The position that the full implementation of “anti-oligarchic legislation” in Ukraine is a factor in accelerating European integration processes is justified. This will happen due to the fact that the implementation of mechanisms to prevent harmful influence on the political and economic sphere by persons who have significant financial opportunities will contribute to increasing trust in Ukraine on the part of European partner states and investors. It was noted that a promising task of the legal community is the development of optimal recommendations for the introduction of relevant innovations into the legal system of Ukraine in general and the legal system of the state in particular.
Prevention of administrative offenses affecting public order and public security as a method of protecting human rights and fundamental freedoms
Authors: Sheviakov М.О. 
Published: December 2022

The quality and safety of life is one of the many goals of mankind throughout the world. Over time, the importance of security and its place in society is constantly growing. Guaranteed safety is a modern priority. Achieving a state of public safety is possible under the conditions of implementing a unified state policy aimed at combating and preventing torts. The article finds a connection between the prevention of administrative offenses that encroach on public order and public safety and the protection of human and citizen rights and freedoms. Also, the conducted scientific research clarified the meaning of the concept of "prevention" in various spheres of human life, proposed the own interpretation of the prevention of (administrative) offenses, since there is no official confirmation at the legislative level. The importance of maintaining public order and a sense of security for each individual is emphasized. The connection between the prevention of offenses and the satisfaction of human needs, which are located according to psychological theory in Maslow's pyramid, was found. The central concepts of public order and public safety in the aspect of independent components in administrative- delict legislation were chosen as the object of scientific research, and the subject was the preventive range of actions in the field of maintaining an appropriate level of public order and security in the country. The goal is to carry out a comprehensive analysis and systematization of the leading trends in the prevention of offenses that encroach on public order and public safety in Ukraine.
Public order is considered as a systematic complex of actions to ensure law and order in the aspect of maintaining the functioning of both the spectrum of rights and responsibilities of citizens, as well as the legal regulation of social relations on a permanent basis in general, public safety is interpreted as an indisputably necessary social state for which all the most important and vitally relevant public interests are protected from both natural and artificial sources of danger.
Development of domestic criminal law regarding responsibility for abuse of power or official authority by a law enforcement official
Authors: Eftemij S.M. 
Published: December 2022

Exceeding official authority, malpractice, use of power for personal purposes are phenomena that accompany the process of political, economic and social development of any state. Despite the fact the negative phenomenon is inherent in every country; the effectiveness of measures against its spread remains various.
The development of effective methods of combating any misconduct is impossible without the prior implementation of historical and legal research. In such a case, it seems possible not only to comprehend the causes and conditions for the origin of this dangerous phenomenon, but also to find out the compliance of criminal law prescriptions with the requirements of the public.
Gaining independence of our State at the end of the 20th century, caused a necessity to implement changes that affected the entire branch system of society’s vital activities. There was no exception to the issue of the sphere related to the implementation of law enforcement activities. In fact, since the adoption of the Act of Proclamation of Independence of Ukraine and until now, the law enforcement system has been continuously reformed. This is explained by the need to improve the effectiveness of Ukrainian human rights bodies and bring them into line with modern democratic, social, economic and political realities. Precisely for the purpose of ensuring effective organization of the implementation of reforms in the area within the competence of the Ministry of Internal Affairs there was created permanent advisory body “Office of Reforms”.
Taking into account the level of public danger, threats of exceeding power or official authority by law enforcement officers required special legal regulation. Criminal liability for the specified act is established in Art.365 of the Criminal Code of Ukraine, the content of which, like the entire law enforcement system of Ukraine, has undergone numerous changes. Since the effective date of the current Criminal Code of Ukraine, five changes have been made to this criminal law norm, one of which even referred to the new edition.
Accordingly, historical knowledge of the essence of the phenomenon of exceeding power or official authority by a law enforcement officials will help to understand the content and meaning of the ban, and therefore to understand the approaches of the legislator in solving certain problems.
Criminal offenses in the sphere of economic activity (Articles 147, 150) according to the Criminal Code of 1960: historical and legal analysis
Authors: Martyniuk O.V. , Koval I.F. 
Published: December 2022

The article carries out a historical and legal analysis of the composition of crimes provided for in Art. 147 and 150 of the Special Part of the Criminal Code of 1960. It is noted that public relations in the sphere of economic and related activities are among the most widespread and significant. Therefore, in order to protect the normal functioning of economic and related activities, Chapter VII "Criminal offenses in the sphere of economic activity" is included in the Special Part of the Criminal Code of Ukraine.
The authors draw attention to the changes related to the understanding of the content of criminal offenses in the field of economic activity during the last decades. It is emphasized that the changes made to Chapter VII of the Criminal Code of Ukraine in accordance with the Law of Ukraine dated June 19, 2020, led not only to the exclusion and significant updating of the wording of a number of previously existing articles (for example, Article 232-1 "Illegal use of insider information"), but also before the appearance of two completely new special prohibitions regarding the establishment of criminal liability for abuse in wholesale energy markets (Articles 222-2 and 232-3). Yes, Art. 222-2 was called "Manipulation on the energy market", and Art. 232-2 - "Illegal use of insider information regarding wholesale energy products."
The authors concluded that the development of social relations and the radical changes that took place in Ukraine at the end of the 80s and the beginning of the 90s of the last century were also reflected in the understanding of the essence of criminal offenses in the field of economic activity. Article 147 of the Criminal Code of the Ukrainian SSR of 1960 was eventually transformed into Article 227 of the Criminal Code of Ukraine ("Deliberate introduction into circulation on the market of Ukraine (release on the market of Ukraine) of dangerous products) with a significant softening of the sanction of the article (punishment) from deprivation of liberty for a certain the term of monetary recovery (fine). Article 150 of the Criminal Code of the Ukrainian SSR ("Employment of private entrepreneurial activity") has lost its relevance and was decriminalized according to the Law of Ukraine dated July 7, 1992.
Features of tracelogical study of dynamic traces of breaking tools
Authors: Yevseev P. , Kuznetsov R. 
Published: December 2022

The analysis of law enforcement practice showed that nowadays a significant part of crimes is accompanied by the breaking of obstacles, locking mechanisms, committed with the use of various tools and objects, and forensic experts need special knowledge to solve these crimes. The issue of theoretical imperfection in the forensic traceological study of traces of hacking tools and the need for further development of methodological foundations of the traceological research of dynamic traces of hacking tools determined the relevance of this article.
The work deals with a number of issues related to the correct assessment of the results of the research conducted on the dynamic traces of burglary tools based on the practical activities of forensic experts. Also considered are some features of the examination of traces of hacking tools during the expert experiment stage and the stage of comparative research at the stage of detailed research, with a further assessment of the possibility of identifying hacking tools based on these features.
It is indicated that the results of the study make it possible to establish the most important facts for the investigation of the crime, namely:
– whether a crime took place (whether traces appeared as a result of illegal actions or their origin by chance);
– the group belonging of the burglary tool to the traces of burglary, which helps to reduce the area of ​​objects to be checked and to search for the wanted object;
- some signs of the identity of the burglar, which helps to narrow down the circle of persons among whom operational measures should be taken to search for and identify the criminal, as well as the method and circumstances of the burglary and the specific identification of the tool that formed the trace.
Taking into account the considered features, forensic experts, when conducting forensic trasological examinations on dynamic traces of hacking tools, have the opportunity to significantly increase the quality and reliability of research.