bluuebunny/crossref_metadata_2025_split huggingface dataset:
Mediation as one of the functions of the Ukrainian notarial process
Authors: Dolynska M.S. 
Published: August 2022

This article is devoted to topical issues of legal regulation of notarial relations in the state.
Jurisdictional notarial activity in Ukraine is carried out in procedural form, ie through the notarial process.
One of the central issues of notarial relations in Ukraine is the functions of the Ukrainian notarial process.
The purpose of the study is to analyze the functions of the notarial process, to define the functions of the notarial process in Ukraine, to classify the main functions of the notarial process and to outline a new notarial-procedural function - mediation.
The author considers the main criteria for classifying the functions of the notarial process in Ukraine.
The main function of the notarial process is to perform notarial acts or conduct a notarial process.
The author defines the concept of functions of the notarial process.
Functions of the notarial process are the forms and means of influencing the behavior of participants in notarial legal relations provided by the current legislation for the purpose of settlement, according to the goals and objectives of the notarial process and notarial activity in the state as a whole.
The functions of the notarial process are not a rigid category, they are in constant motion, depending on the development of notarial activities and the notarial process, and the endowment of notarial bodies with new powers.
The importance of the functions of the notarial process is that they guide the development of the notarial process in the new pro-European movement, based on the main principles of Latin notariate.
The most common qualifications of the functions of notarial activity and notarial process are studied.
One of the new and extremely important functions of the notarial process is mediation.
Based on the analysis of works of scientists, normative-legal and legislative notarial acts, the author developed and substantiated the conclusions of the study and proposed amendments to the Law of Ukraine "On Notaries" in terms of control over the activities of state notaries.
What is sexism?
Authors: Slovska I. 
Published: August 2022

The article is devoted to the study of the definition and classification of sexism. Stressed that the word «sexism» became widely known during the women’s liberation movement of the 1960s. At that time, feminist theorists explained that the oppression of women was widespread in nearly all human society, and they began to speak of sexism instead of male chauvinism. Whereas male chauvinists were usually individual men who expressed the belief that they were superior to women, sexism referred to collective behavior that reflected society as a whole. Highlighted that today sexism means discrimination based on sex or gender, or the belief that because men are superior to women, discrimination is justified.The article emphasizes that sexism includes attitudes or ideology, including beliefs, theories, and ideas that hold one group (usually male) as deservedly superior to the other (usually female), and that justify oppressing members of the other group on the basis of their sex or gender. Besides, sexism involves practices and institutions and the ways in which oppression is carried out.
Summarized that several different types of sexism exist, and each of them can have harmful consequences. The six main types of sexism include: benevolent sexism and hostile sexism (benevolent sexism usually stems from a desire to protect women due to a belief that women are inherently weaker, more sensitive, or more innocent than men. Whereas hostile sexism punishes women for violating traditional gender norms, benevolent sexism encourages those traditional roles); аmbivalent sexism (this type of sexism combines both hostile and benevolent forms. It fuses the seemingly contradictory beliefs that women are both fragile and pure as well as manipulative and conniving); іnterpersonal sexism (this type of sexism occurs in everyday interactions with partners); іnternalized sexism (self-adoption of sexism); institutional sexism (this type of sexism occurs when institutions like the media, healthcare, law enforcement, education, religion, and banking reinforce sexist ideology).
Sexism can come from a wide range of sources: beliefs about traditional gender roles inherited from caregivers and educators; laws that promote different treatment of men and women; sexist imagery and language in pop culture and the media; lack of policies for responding to or penalizing sexism in the workplace, schools, and other sectors.
Reasonable terms of judicial review as an element of protection of the right to a fair trial in the context of the ECHR practice: the experience of Italy
Authors: Shcherbyna V.A. 
Published: August 2022

The article analyzes the experience of Italy related to the obligation of the state to implement at the national level an effective mechanism for protecting the right to trial within a reasonable time, taking into account the case law of the European Court of Human Rights. It was also pointed out that the issue of implementation of the principle of fair trial is rather complicated. The author stated that the right to a fair trial, enshrined in the Convention for the Protection of Human Rights and fundamental freedoms, includes several components that expand and detail its contents. The article stated that the reasonable term of the trial is a separate element of accessibility of justice. The author determined that the term of judicial review begins to count from the moment of the submission of the claim to the court and it is finished by the execution of the court decision. At the same time, it can be considered reasonable, taking into account the complexity of a particular civil case, behavior of the applicant and government bodies, the importance of the question for the applicant or the special situation of the person who is applying to court for the protection of his violated, unrecognized or disputed right, freedom or interest. The author also drew attention to the fact that the overload of the judicial system can be caused by certain emergency situations, for example, economic recession, when the state cannot predict an increase in the number of disputes in advance. The article stated that Italy is the first state to introduce legal measures of protection of the right to fair trial within reasonable time at the level of national legislation. The author noted that the understanding of the terms of the consideration of each civil case is guaranteed by fairness in the judicial process and it is a separate element of the accessibility of justice. The article determined that the ECHR does not recognize specific terms that could be considered reasonable or unwise, but the Court has developed certain criteria for assessing the understanding of such terms of judicial review, which will lead to greater effectiveness of judicial protection. On the example of experience of Italy, the author stated that the introduction of new legal mechanisms in the legal models of states cannot always solve the problem and such an approach requires more detailed research.
Conflicts and collusions as legal contradictions in environmental law
Authors: Yaremak Z.V. 
Published: August 2022

The article is devoted to the analysis of doctrinal approaches to the concepts of "legal collision" and "legal conflict" and their reflection in ecological law. In the context of it the theoretically legal characteristics of the category "legal conflict" were carried out. It is concluded that a broad understanding of this concept, which is proposed in the theory of law, covers a variety of legal phenomena and entails the threat of substitution by other concepts similar in content and functional loads.
For this purpose, a comparative analysis of legal collision and legal conflicts in a scientific publication which based on a general feature that is inherent in both phenomena, namely, legal contradictions. It is convincingly well-proven that it is not necessary to identify these concepts, because the plane of their functioning is different: legal collision operates in the system of positive law whereas legal conflict - in the legal sphere during the social interaction of concrete subjects.
In the context of this issue, the question of dialectical intercommunication is reflected between legal collision and legal conflict. This was facilitated by the analysis of legal conflict from the positions of legal theory. In the context of research of ecologically legal conflicts from position of environmental law theory has been installed the impact of environmental law norms on the emergence, development of conflict relations in the field of environmental protection and nature management. An estimation of the effectiveness was carried out of ecologically legal regulation of ecological conflict and the mechanism for resolving ecological conflicts. It is proved that high-quality legal regulation of ecological relations is an effective preventive mechanism of adjusting ecological conflicts, and, conversely, its imperfection complicates law enforcement practice.
It is concluded that in the case of legal collusion application, the existing contradictions between the norms of law will lead to a legal conflict as a contradiction between the subjects of legal relationships in connection with the realization of collision norms. At what such a determinant always generates rise to the actual ecologically legal conflicts, in contrast to other ecological conflicts, the preconditions for which may exist out of limits of ecological law.
Problematic issues of the relationship between preparation for military service and preparation for national resistance
Authors: Volovyk V. 
Published: August 2022

The purpose of the article is to determine the features of the relationship between preparation for military service and preparation for national resistance.
The article establishes that the full-scale armed aggression of the Russian Federation against Ukraine has extremely exacerbated the issues of preparing Ukrainian citizens for military service. The reasons for this are that under the conditions of the legal regime of martial law, there is a need to staff military formations with motivated and trained personnel in a short time.
Attention is focused on different aspects of understanding the essence of the studied types of training. Understanding preparation for national resistance is based primarily on subjective and target criteria (that is, who and for what purpose prepares). At the same time, preparation for military service includes predominantly structural criteria (i.e., the components that make up preparation for military service). The rationale is given that such a category as patriotic education is actually duplicated in the two definitions given.
Attention is focused on the fact that territorial defense unequivocally includes military service in the Territorial Defense Forces, and the resistance movement and the preparation of citizens of Ukraine for national resistance can be carried out by both military personnel and civilians.
The article establishes that, taking into account the interdisciplinarity of the problem of preparation for military service, one cannot but pay attention to the sectoral nature of the legal norms defining it. Taken together, the sectoral nature of relations in the area under study determines the differences between preparation for military service and preparation for national resistance.
The conclusion is made that preparation for military service and preparation for national resistance are non-identical categories that partially overlap. The common component for them is "training for military service as part of the Territorial Defense Forces", as well as patriotic education.
Public administration and governance: features of the ratio
Authors: Zhukova Ye. 
Published: August 2022

The purpose of the article was to determine the features of the distinction between the categories of governance and public administration.
Attention is focused on the fact that the problem of the relationship between public administration and governance is relevant for the science of administrative law, since these categories are sometimes identified. This creates a false idea of their essence both at the theoretical-methodological and managerial levels.
The rationale is given that the difference between public administration and governance is as follows: a) governance acts as a means of state influence on society and citizens in order to achieve, first of all, the interests of the state, while public administration is primarily a way to satisfy the interests of individuals and legal entities, with using the potential available in the public administration (legal, financial, personnel, information, etc.); b) governance does not provide for or ignores feedback from society and individual social groups on the approval of certain decisions or state policies and their changes in case of disapproval by citizens, while public administration has as its integral feature the systematic study of society and citizens' satisfaction with the actions of public administration and its improvement activities depending on the feedback received; c) governance is always politicized, all its measures are based on political decisions, and public administration is a depoliticized technocratic process of public administration performing its tasks necessary to ensure the needs and interests of society and citizens (or, at least, tends to be depoliticized and technocratic); d) governance is characterized by a subject-object approach, in which the state actively changes the behavior and consciousness of a citizen, and for public administration - a subject-subject, partner approach, where the state and the citizen appear as equal participants in public relations aimed at ensuring the life of society, ensuring rights and interests of individuals and legal entities.
The problems of provision of electronic services in Ukraine
Authors: Moiseieva E.O. , Kovtun M.S. , Markosyan V. 
Published: August 2022

The article is devoted to the problems of effective provision of electronic services, research of the main problems of digitalization of services. It was found that the development of the information society is impossible without the introduction of fully formed information resources in electronic form and their actualization in public life. It is noted that the improvement of the mechanism of providing electronic services involves amendments to existing regulations, as well as the development of new acts.
The authors point to the need to introduce a unified state policy in the field of electronic services, a clearly defined system of criteria for its implementation and control by the state over the implementation of its implementation. The article also identifies a number of problems that exist in this area. The authors call the first problem the lack of a comprehensive mechanism for legal support for the introduction of electronic services, and the second - imperfect law enforcement practices and legal nihilism of citizens, businesses and government officials, the third problem is insufficient funding that hinders the introduction of new electronic services.
The article points to the need to improve access to electronic services for certain categories of citizens, namely the elderly and people with disabilities. The authors point out that this problem has become especially acute after the introduction of quarantine, which continues to this day and is extended until August 31, 2022. Yes, the Government has introduced mandatory COVID certificates, which can also be issued for "Action" and "E-help". Most elderly people and people with disabilities have not been able to use these services.
A new problem arose after the beginning of the armed Russian aggression and hostilities on the territory of our state, when a huge number of Ukrainian citizens lost their homes, were left without documents, and were forced to move to safer places. Those electronic services introduced by the Government during martial law also remained inaccessible to these categories of citizens.
The authors conclude that this problem can be solved by overcoming legal nihilism, providing smart people through government and presidential programs for the elderly, and implementing the "Action. Barrier-free" program for people with disabilities. However, the implementation of these programs was made impossible due to the introduction of hostilities on the territory of our state.
Strategic directions for improving preventive anti-corruption mechanisms in military administration bodies
Authors: Pryimak V. 
Published: August 2022

The purpose of the article was to determine the features of the strategic directions for improving preventive anti-corruption mechanisms in the military command and control bodies.
The rationale is given that under the conditions of the legal regime of martial law, new conditions arise that contribute to an increase in the number of corruption offenses.
The article analyzes the legal framework and practice of the activities of military command and control bodies in the field of preventing corruption. Based on the results of the analysis, the following strategic directions were identified.
First, an assessment of corruption risks, including: a) analysis of anti-corruption messages; b) determination of the causes and conditions conducive to the commission of corruption offenses and offenses related to corruption; c) specification of the list of corruption risks in accordance with the current situation.
Secondly, reducing the influence of factors associated with a conflict of interest: a) minimizing the possibility of a conflict of interest; b) settlement of conflicts of interest in case of occurrence.
Thirdly, strengthening the declaration system as a prevention of corruption offenses and offenses related to corruption: a) ensuring the timely submission of declarations by persons authorized to perform the functions of the state; b) increasing the level of reliability of information contained in the declarations of persons authorized to perform the functions of the state.
Fourthly, the formation of zero tolerance for corruption among military personnel: a) education of a high level of virtue in military personnel; b) strengthening of intra-departmental corporate ethics of anti-corruption orientation.
Attention is paid to the fact that the legal regime of martial law has left its mark on the implementation of some of these measures. The above necessitates the search for other effective anti-corruption tools, which include numerous sociological surveys, focus groups, analysis of publications in the media, etc.
The conclusion is made that the strategic directions for improving preventive anti-corruption mechanisms in military command and control bodies are long-term methods of action aimed at reducing the number of corruption offenses and offenses related to corruption.
Concepts, features and functions of advocacy self-government bodies
Authors: Vesnin S. 
Published: August 2022

Based on the analysis of modern doctrinal sources, the author outlines the following among the features of advocacy self-government bodies: the main goal is to ensure the realization of the right of advocates to independently decide on the organization and activities of advocacy in the manner prescribed by law; focus on the tasks of advocacy self-government; are components of a holistic system with pronounced internal and external connections of horizontal and vertical nature; are subjects of public law relations; are non-governmental non-profit professional organizations; operate in the forms of advocacy self-government provided by law.
It is substantiated that the functions of the bar self-government bodies are: representation of the Bar of Ukraine in relations with public administration bodies, their officials and officials, other subjects of legal relations and international organizations; protection of professional rights of lawyers and guarantee of advocacy; providing the state and citizens with a highly professional bar; ensuring transparency of advocacy and openness of information about lawyers of Ukraine; subsidiary formation of separate bodies of state power; disposal of financial and property resources of advocacy self-government; ensuring the provision of quality and timely free legal aid by lawyers. other functions provided by the legislation and statutory acts of the bar self-government bodies.
It has been proved that advocacy self-government bodies are non-governmental non-profit professional organizations that operate in the forms of advocacy self-government provided by law and are components of a holistic system with strong internal and external links of horizontal and vertical nature. issues of organization and activity of the bar in the manner prescribed by law.
Criminological characteristics of the identity of the offender who committed domestic violence
Authors: Zinsu O.I. 
Published: August 2022

The article considers and substantiates the results of the analysis of the personality of a person found guilty by a court conviction of domestic violence.
The urgency of the research topic is due to the need to improve the conceptual framework in the field of prevention, prevention and counteraction to domestic violence, which in turn clarifies the general and specific features of violent behavior of offenders as a structural unit in the causal chain of domestic violence.The methodological basis of scientific research is a set of philosophical, general and special legal methods of research of legal phenomena and categories. The theoretical basis of the study were the works of domestic and foreign scientists; provisions of the Criminal Code of Ukraine, the Law of Ukraine "On Prevention and Counteraction to Domestic Violence", development of methodological recommendations, as well as applicable law. The state of scientific development of the problem in domestic and foreign scientific thought is clarified.
The structural units of the criminological portrait of the person who committed domestic violence were identified and the main typologies of perpetrators were singled out.Peculiarities of determination of illegal violent model of behavior are considered. It is established that the determinants of the violent model of behavior in family - domestic, family relations are a set of interdependent, interconnected elements, factors of social and biological nature. Conclusions. Based on the results of the research, recommendations are formulated and approaches aimed at improving individual - preventive measures to prevent the manifestations of illegal behavior in family - domestic, family relations are determined. Emphasis is placed on the role of legal education, personal autonomy, responsibility for one's own reflection, actions, plans, critical thinking, which in turn is important in the formation of legitimate self-governing socially useful behavior of the individual.