bluuebunny/crossref_metadata_2025_split huggingface dataset:
Instrumental aspects of public administration
Authors: Zhukova Y. 
Published: April 2022

The article is devoted to the instrumental aspects of public administration The essence of the instrumental approach in law is investigated, in which the legal norm is considered as the subject of socialization of an individual who seeks to adapt to the requirements of the social environment, while satisfying his needs. Attention is focused on the fact that the instrumental theory of law assumes that needs, interests and other intentions are first recognized and grouped depending on the degree of expression and presence in society. In this context, public administration can be viewed as a tool for achieving the goals of the state.
In terms of their content, public administration activities are always law enforcement, unlike, for example, law-making and the administration of justice. Although the rule-making element is present in public administration, it is not an end in itself, a secondary, auxiliary character, since the primary source of the legal status and features of the functioning of public administration is in any case the law.
The stages of public administration, which, in our opinion, can be described as follows. First, it is the definition at the constitutional level of the basic principles of interaction between a person and the state, the functioning of public authorities, human and civil rights and freedoms. Secondly, this is the development of laws, where the specified legal categories find their development, in accordance with the specified laws, public authorities, the legal status of which is provided for at the legislative level, receive their legal status. Thirdly, this is the preparation of a set of by-laws, providing for the creation of public administrations, which have the source of their formation is a by-law, for example, this applies to ministries and other central executive bodies. Fourthly, this is the stage of formation of public administrations operating on the basis of bylaws and the definition of plans for their activities. Fifth, this is, in fact, the very functioning of the public administration, depending on the goals and objectives, as well as plans that were identified at the previous stages. Sixth, this is the stage of control over the activities of the public administration, carried out both at the national and at the interdepartmental, departmental level, as self-control of the public administration, as well as public control (supervision) over its activities.
The conclusion was made that public administration as a legal instrument is a legal way to ensure the needs, interests and other intentions of individuals and legal entities by legislative and subordinate consolidation of the status of public administrations, their formation and recruitment, setting goals and planning their activities, direct enforcement and control different levels for its implementation.
Anti-trust violation proceedings: legal basis and ways of its interpretation for making it consistent with international standards and best foreign experience
Authors: Lipinsky V. , Skvirsky I. 
Published: April 2022

It is noted that the anti-trust procedure provided by the legislation of Ukraine for the investigation and consideration of cases of violation of competition law is largely consistent with the best international standards. However, the author substantiates the conclusion that in order to ensure proper observance by antitrust authorities of procedural rights of business entities and strengthen the capacity of antitrust authorities to effectively enforce and make a fair decision on the merits, there are reasons to recommend that they interpret the right of business entities to get aquainted with the case file and to submit evidence and explanations as requiring the antitrust authorities to set out
in the order of initiation of anti-trust proceedings, in particular, the facts indicating the commission of an anti-competitive violation; legal qualification of the relevant anti-competitive violation, a preliminary version of the decision on the merits, which the competition authority has reason to consider lawful and reasonable if the facts of the case are consistent with the assumptions of the anti-trust authority as well as make there a notice of the date, time and place of the hearing for consideration of the case. The author further asserts that is it also crucial to provide the persons involved in the case with a reasonable amount of time, taking into account the volume of the case file and the complexity of the issues, and to provide them with sufficient opportunities to form and express their opinions to the competent anti-trust authority for it to take due notice of these opinions while it considers and substantiates the final decision in the case.
The European Court of Human Rights Practice as an Administrative Law Source in the Domestic Legal Discourse
Authors: Turetskyi V. 
Published: April 2022

The article is devoted to the study of the European Court of Human Rights practice implementation into the national legal system by domestic legal science, in particular, administrative law. It is noted that the issue of the European Court of Human Rights decisions implementing into the national legal system arose before Ukraine in 1997 when the Convention for the Protection of Human Rights and Fundamental Freedoms was ratified.
It is noted that a significant role in the process of national law improving belongs to the European Court of Human Rights, which is the body monitoring compliance with the Council of Europe’s Convention for the Protection of Human Rights and Fundamental Freedoms by the Member States.
Emphasis is placed on the fact that to date there has been no comprehensive study of the European Court of Human Rights practice in the administrative law sources system, which would be based on Western legal culture
in Ukraine. It is noted that the European Court of Human Rights decisions nature is a “challenge” for the domestic legal system, that did not recognize case law as a source of law and, moreover, the interpretation of the category “human rights” by Strasbourg court is qualitatively different from its understanding by domestic legal doctrine, still being largely based on the perception of rights as opportunities guaranteed by law. Until now, the principle of legality was the fundamental law principle, and the justification of the decision taken in the administrative process was reduced to a reference to the prescription of the normative legal act. Legal provisions set out in judgments of the European Court of Human Rights are based on other legal postulates.
The analysis of scientific sources, the object of study of which is the European Court of Human Rights practice as a source of administrative law, is being tcarried ou.
It is suggested that the existing scientific research of the European Court of Human Rights as a source of administrative law be classified into two groups: scientific papers, the subject of which is the European Court of Human Rights practice; scientific papers, the subject of which is the impact of the European Court of Human Rights practice on the national legal system, the immanence of features of forms of lawforms to this practice, etc.
It is concluded that the analysis of scientific developments of the European Court of Human Rights practice as a source of administrative law by domestic legal science allows us to conclude about the relevance of the chosen topic, its lack of research and the need for elucidation.
Administrative and legal status of religious organizations in Ukraine: structure and features of its elements
Authors: Chornopiska V. 
Published: April 2022

The article characterizes the administrative and legal status of religious organizations in Ukraine, defines its structure and features of its elements. It was found that the administrative and legal status of a religious organization is a complex polystructural category that reflects the system of legally established and guaranteed by the state rights, responsibilities of religious organizations in relations with public authorities, legal personality of religious organizations, administrative and legal guarantees and protection of the legal capacity of these organizations and their responsibilities to profess and disseminate religious beliefs and teachings, to oppose other participants in public relations in case of violation of the rights of religious organizations, and the state, including public administration bodies on the other hand, to control the rule of law this process, eliminate violations of citizens' rights by religious organizations.
The following characteristics of the legal status of a religious organization as a participant in administrative relations: non-entrepreneurial nature and non-profit organizational unity, state registration, property separation, the ability to protect their rights in public law, challenge actions and decisions of public authorities, be a plaintiff in court, to carry out activities to satisfy the religious rights and interests of believers and to spread religious beliefs and disciples.
Administrative and legal status of local self-government bodies in the context of decentralization reform
Authors: Yaroshenko A. 
Published: April 2022

The article is devoted to the study of the administrative and legal status of local self-government bodies in the process of implementing the decentralization reform.
Currently, Ukraine is undergoing a decentralization reform. Its beginning, in its current form, is considered to be the approval by the Cabinet of Ministers of Ukraine of the concept of reforming local self-government and territorial organization of power in Ukraine in 2014 and the approval of the action plan for its implementation, which launched the decentralization reform. In 2020-2021, a new stage of decentralization is taking place in Ukraine, which was characterized by a number of significant legislative changes.
The article examines the administrative and legal status of local self-government bodies. It is argued that the term “local self-government body” is understood as an autonomous, non-sovereign legal entity of public law, which was created and received its power from a law adopted by Parliament. The degree of independence of local self-government in decision-making is determined by the nature and structure of administrative relations with state authorities.
It is concluded that during the implementation of the reform, the legislation on local self-government and related legislation should be revised and improved in such a way as to expand the powers of local self-government bodies and contribute to the better performance of their functions, especially in the management of personnel issues, financial affairs and in determining their own priorities in the provision of public services. Despite the revision and amendment of the legislation on local self-government and other relevant legislation, the analysis of scientific sources gives grounds to assert that the exercise by local self-government bodies of their statutory powers and the performance of the functions assigned to them largely remained under the influence and control of the state authorities.
Formation of scientific opinion on juvenile victim
Authors: Titochka T. 
Published: April 2022

The article considers the process of formation of scientific thought about juvenile victimhood. It is indicated that the study of theoretical achievements in the field of general and juvenile victimology from its inception (within criminology) to the present day, allows to classify the latter into three groups according to the subject: 1) the phenomenon of juvenile victimization, victimization and victim behavior values, determination, background phenomena); 2) the person of a minor victim of criminal wrongful encroachment (definition, structure, classification, typology and psychology); 3) victimological prevention (general characteristics, forms and methods, foreign and international experience). Particular attention is paid to the fact that both in the first, still basic criminological research, and in modern works, these three groups are unchanged (except for some, minor deviations in the subject and general approaches of the scientists themselves). It is noted that the first scientific research within the sciences of the criminal law cycle was devoted exclusively to the criminal offender, due to the belief of scientists that only he is the root cause of socially dangerous acts. The study of the identity of the subject of the offense was reduced to the search for physiological defects (features) that force a person to break the law. It is concluded that currently in Ukraine there is an active scientific work to study the peculiarities of victim behavior of both adults and minors.
The first mention of victims of crime is remarkable in the works of Cesare Lombroso. However, the first criminologist to introduce the concept of «victimology» was the Romanian researcher B. Mendelssohn, who in 1975 in his monograph «General Victimology» proposed the victimological concept of «clinical» or «practical» victimology. Victim behavior of minors began to interest the scientific community in the postwar period, in the late twentieth century. In Ukrainian science, juvenile victims and the peculiarities of their behavior are found, mostly, within scientific articles.
The staff of the Public Prosecutor’s Office in Ukraine: in search of optimal ways of formation
Authors: Stefanchuk M. 
Published: April 2022

It has been provided a comparative study of the national legal systems of some European Union member states with a high level of civil society confidence in the justice system, in terms of the formation of the prosecutor’s office as part of this system.
It has been stated that in order to substantiate the timeliness and demand for measures of the current stage of reforming the prosecutor’s office in Ukraine, the criterion of the level of civil society trust in the prosecutor’s office is set, which fully meets the European standard of functioning of this institution in a democratic society.
Taking into account the unsatisfactory state of functioning of the existing model of prosecution authorities in Ukraine, from the point of view of the level of support provided by society, there is a need to study the formation of prosecutors in foreign countries in order to gain successful experience in establishing this important institution in the state justice system.
It has been highlighted the peculiarities of the legal policy on determining the qualification requirements for candidates for the position of prosecutor, selection procedures and professional training of prosecutors in the Member States of the European Union with a high level of civil society trust in institutions that provide due justice.
It has been established that a high level of civil society trust to the justice system is, to a decisive extent, a projection of a certain legal policies of these states, aimed at methodological academic and special professional training of the judiciary staff, including prosecutors.
It is concluded that simplification of the procedure for selection and training of prosecutors may not always indicate its improvement, as only a systematic change in the special training of candidates for the position of prosecutor and further training of incumbent prosecutors, taking into account best practices, can contribute to high level their professional competence as a prerequisite for increasing the level of trust of civil society in the prosecutor’s office as an institution as a whole.
Joining NATO as a guarantee of Ukraine’s national security. Current situation and prospects
Authors: Kononenko V. , Novikova L. , Pushchaienko O. 
Published: April 2022

The article considers the process of formation, current state and prospects of relations between Ukraine and the North Atlantic Alliance. In addition, the advantages for the state from membership in this military-political bloc are highlighted, namely: guarantee of national security, sovereignty, compliance with high NATO standards in the military-defense sphere, etc. It was established that the intensification of bilateral cooperation began in 2014 in connection with the hybrid war. Accordingly, the urgent need for Ukraine to find effective ways to ensure national security. Given the tension on the Ukrainian-Russian border in 2021, support from the Alliance and Euro-Atlantic integration in general has become even more acute issue for Ukraine.
The study separately identifies and considers domestic political factors that slow down Ukraine’s approach to NATO membership (slow and inconsistent reforming, corruption, weaknesses in the judicial system, non-compliance with all the tenets of democracy), as well as foreign policy obstacles (the tension in relations with particular members of the Alliance, the threat of the conflict escalation with Russia).
Based on the analyzed obstacles, it is concluded that the prospects for Ukraine’s integration into Euro-Atlantic structures are quite far-reaching, but most importantly, NATO cooperates fully with Ukraine, supports its intentions to join the Organization and prevents third countries from influencing the decision on Ukraine’s entrance into the Alliance. Given the prospect of a long process of Ukraine’s Euro-Atlantic integration, a number of recommendations aimed at accelerating this process are developed in the study, including: strengthening cooperation with NATO countries in a number of areas in which cooperation is already taking place; accelerating the implementation of the provisions of the Annual National Programs; mass education of the population on the course of Ukraine’s Euro-Atlantic integration and its benefits for the state; improving bilateral relations with the member states of the Organization and eliminating possible contradictions in relations with them.
Certain aspects of implementation of Ukraine’s commitments under the agreement on association with the EU in the part of energy
Authors: Shulga E. , Shinkaruk N. , Marinich V. 
Published: April 2022

This article analyzes the implementation of the EU energy policy directives into the legislation of Ukraine in accordance with the Energy Community membership and signing the so-called «Association Agreement with the EU», first of all, the adoption of the Law «On the Market of Natural Gas», the Law «On the Market of Electricity»
Law. Law «On Energy Efficiency», Law «On Earth Energy and Legal Regional Earth Regional Energy Obbles», separate provisions of the Tax Code of Ukraine, Ukraine’s Energy Strategy for the period up to 2035 «Security, Energy Efficiency, Competitiveness, etc. allowed to conclude that the implementation that the implementation EU Energy Directives in Ukrainian legislation are fragmented, unsystematically, without clear economic miscalculations and expected result, which increases their overall purpose of providing Ukraine’s energy security. It is concluded that despite the adoption of the Law of Ukraine «On the Market of Electricity Market» in fact remained a normative unrivaled issue of the introduction of parallel markets, generating capacities and the problem of accumulation of debts, detailed regulatory and technical infrastructure. The rapid transition to green energy and extremely high price on it, in the conditions of the permanent economic crisis, causes excessive load to the state budget of Ukraine. Under such conditions, the functioning of large power plants from renewable energy sources is characterized by sharply variables in the work of the united energy system of Ukraine. It is indicated that the adopted Law of Ukraine
«On Energy Efficiency» provides for the national and regional energy management system for energy security and energy efficiency for energy safety and energy efficiency, at the same time without proper financing and preparation of a sufficient number of energy efficiency specialists, it risks its exclusively declarative character.
Human rights in the context of implementing health reform
Authors: Serdiuk N. , Vangorodska G. 
Published: April 2022

In general, the legal state of social orientation places the person in the first place as the highest value of society; therefore, human health is not only a guarantee of its long, active and useful life, but also a source of spiritual health of society.
Since health care activities are related to the reproduction of real everyday life of people, it is necessary to identify the main criteria for modernization and organizational and legal support of the state doctrine of health care of the social state governed by the rule of law: 1) socio-economic, psycho-emotional, environmental conditions for health; 2) the level of medical care; 3) availability of safe and healthy forms of life; 4) civil rights and guarantees for receiving medical care and living in a safe environment; 5) the ability to choose medical services and health-friendly behaviors and lifestyles; 6) material and socio-cultural bases for the development of human health potential in accordance with his social status and health status; 7) ways of regulation, social control of health care, pharmacology and medicine; 8) the degree of responsibility of social actors for the preservation of health; 8) the degree of responsibility of social actors for the preservation of health; 9) ways to reduce social inequality in health care and health care; 10) social interests, needs, expectations, motives and incentives of social actors in the field of health care.
The purpose of formation of the state doctrine of health care of the social legal state of the decision of the following tasks: 1) methodological substantiation of the criteria for distinguishing social innovations in the field of health care from the whole array of innovations; 2) sociological analysis of innovative solutions in the field of health care, considered in relation to the principles of social policy in the field of health care: justice, equality (accessibility), efficiency, coordination of interests; 3) sociological analysis of satisfaction with health services and the expectations of different groups and categories of the population on the need and directions for improving certain aspects of its activities; 4) development of methods for studying health self-assessments as a quality in demand in the innovative economy; 5) public opinion on the prospects for the development of the health care system; 6) study of the professional vocation of doctors in the context of increasing work motivation and the formation of a relationship of trust between doctor and patient; 7) development of scientifically substantiated recommendations aimed at improving the quality of management of innovative development in the field of health care.