bluuebunny/crossref_metadata_2025_split huggingface dataset:
Main measures and protection of the marine environment against pollution provided by international and national legislation of Ukraine
Authors: Balobanov O. , Palchenko A. 
Published: April 2022

The article is devoted to the study of the norms of current international and national legislation in the field of prevention of marine pollution in the context of the definition and application of measures to prevent pollution of the marine environment. The study solves such problems as determining the problem of the current state of marine pollution; study of international legal and national legislation of Ukraine on the protection of the marine environment; and finding further directions for the development of environmental safety policy at sea. The research is based on a set of general scientific and special methods of cognition, the application of which is carried out within a systematic approach. Marine pollution in Ukraine, as in most countries around the world, is currently considered one of the most important economic and social problems. One of the important components of international environmental security is the prevention of marine pollution, which can only be achieved through a combination of efforts of each state at the national level and the international community as a whole. The relevance of the study in the article is due to the lack of systematic and comprehensive study of current issues of international legal responsibility for marine pollution. This problem is exacerbated by the lack of a systematic international treaty or treaties that would regulate international legal relations related to the implementation of such responsibilities. The main measures and protection of the marine environment from pollution, analysis of the legal consequences of marine pollution and the substantive development of international law, and compliance with the level of their implementation in the legislation of Ukraine.
The article examines and analyzes the norms of current international and national legislation in the field of prevention of marine pollution in the context of defining and applying measures to prevent pollution of the marine environment.
Analysis of features of development development behaviors of adolescents
Authors: Andrusyshyn R. 
Published: April 2022

The article analyzes the age dynamics of the occurrence and development of behavioral deviations of minors. This process goes through certain stages that correspond to the age, individual and psychological characteristics of minors and are characterized by the uniqueness of living conditions, communication activities. The main factors of deviations are also analyzed in order to identify the causes that influence the formation and occurrence of deviant behavior in adolescents, as scientific interest in the problem of deviant behavior among minors and their prevention is growing.
Interest in the problem of deviant behavior among minors and their prevention is growing today, as deviant behavior among children and adolescents has become widespread in recent decades, prompting scientists to actively seek effective ways to prevent and eliminate it, and authorities to update legislation and the development of long-term programs related to the content of deviations. The peculiarity of deviant behavior is that it is accompanied by various manifestations of social maladaptation. Such behavior does not necessarily lead to illness or death, but naturally causes or exacerbates a state of social maladaptation. The state of maladaptation, in turn, can be an independent cause of deviant behavior. Deviant behavior has individual and age characteristics. It primarily reflects the external existence of the individual in society. It can be extremely diverse "from within".
The essence of deviant behavior is that a person does not comply with the requirements of the social norm, chooses different from the requirements of the norm option of behavior in a given situation, which leads to a violation of the interaction of individual and society. The basis of deviations in behavior is mainly a conflict of interests, values, differences in needs, deformation of the means of meeting them, mistakes in education, life failures and miscalculations.
Deviant behavior is combined with the subject's good knowledge of morals and laws. But the understanding that it is impossible to behave in this way does not stop the individual who has chosen this way of self-affirmation.
Methods of notarial defense of corporate rights under the legislation of Ukraine
Authors: Derevyanko D. 
Published: April 2022

In the conditions of functioning of modern social relations the processes of creation of various corporate legal entities have acquired the special intensity. In the course of establishment, activity and termination of such subjects of civil relations the issues of proper defense of corporate rights of their participants have become relevant, and consolidation of necessary effective mechanisms of such defense has always been a guarantee of business development in general and investment climate in our country. At the same time, methods of notarial defense of corporate rights require a special attention and research.
Article 18 of the Civil Code of Ukraine provides that a notary has the right to defend civil rights by making a writ of execution on the debt document in cases and in the manner prescribed by law. It follows that at the level of the codified act it has been actually defined only one way of notarial defense of civil rights – the execution of the writ of execution.
As of today, the notarial form of defense of the right to dividends by making a writ of execution on the documents is provided only for shareholders. We believe that an appropriate mechanism for defehding the right to dividends should be introduced for participants of other corporate legal entities.
The established list of types of notarial acts in its absolute majority provides for notarial protection, in particular, preventive function, rather than defendive in its traditional sense. Notarial protection and notarial defense of corporate rights are often inextricably linked. Methods of notarial defense of corporate rights may be: execution of the writ of execution by a notary; imposition and lifting of a ban on the alienation of immovable property (property rights to immovable property), which is subject to state registration and acts as a contribution to the authorized capital of legal entities of corporate type; imposing a ban on the alienation of monetary amounts that will be credited to the applicant requirements, determined in accordance with Part 4 of Art. 65-2 of the Law of Ukraine "On Joint Stock Companies", on account of conditional storage (escrow), opened in accordance with the law, etc.
General provisions on the prerequisites for the occurrence of notarial procedural legal relations
Authors: Kryzhevska O. 
Published: April 2022

The article is devoted to the study of the peculiarities of the preconditions for the emergence of notarial procedural legal relations. It is established that the emergence, development and termination of notarial procedural legal relations depends on certain conditions, which in the science of notarial process are called either prerequisites or grounds for the emergence of these legal relations. It is noted that all general scientific issues of preconditions or grounds for the emergence of notarial procedural legal relations are problems of general theory of law or theory of procedural law, are determined by it and must be resolved at the level of this theory. Peculiarities of preconditions or grounds for the emergence of notarial procedural legal relations exist only at the level of characteristics of individual elements of their composition.
It is stated that notarial procedural norms of law and notarial procedural facts are indisputable prerequisites for the emergence of notarial procedural legal relations. Notarial procedural facts should be considered as grounds for the emergence of notarial procedural legal relations.
The author of the article states that the category of legal capacity in determining the possibility of a person to be a subject of notarial procedural legal relations looks imperfect in the notarial process. Given the wide range of subjects of notarial procedural legal relations, their systematization, legal capacity alone does not explain the ability of individual subjects to be participants in specific legal relations. Therefore, the precondition for the emergence of notarial procedural legal relations should be understood notarial procedural legal personality. The content of this legal personality should be sought both in the legal capacity and in the legal capacity of the subjects. At the same time, the author believes that it is worth paying attention to other possible components of legal personality, which are distinguished in science.
It is concluded that the set of prerequisites for the emergence of notarial procedural legal relations should be considered: 1) the rules of notarial procedural law; 2) notarial procedural legal personality; 3) notarial procedural facts.
Freedom of treaty and its limits: compliance of Ukrainian civil legislation with European approaches
Authors: Mendzhul M. 
Published: April 2022

The article presents the results of the analysis of the compliance of the civil legislation of Ukraine with the European approaches to guaranteeing the freedom of contract and its restrictions. The normative consolidation of freedom of contract in European countries (France, Germany, Slovakia, Poland, and Romania) has been studied. It was found that in European countries the freedom of contract is limited in order to maintain public order, good morals, protection of certain categories of contractors (consumers). In France, the current version of Article 1102 of the Civil Code stipulates that everyone is free to conclude a contract, choose contractors, determine the content and form of the contract, but within the limits established by law. It is established that in Germany the freedom of contract is limited by the requirements of the law, the prohibition of illegality, immorality, as well as the need to protect consumer rights.
An analysis of Slovakia's civil law found that the expansion of the substantive content of the principle of freedom of contract was influenced by the case law of the Constitutional Court. In Romania, as in Ukraine, a separate article is devoted to the freedom of contract and the disclosure of its content in the Civil Code. The compliance of the Ukrainian legislation on freedom of contract with the DCFR is analyzed.
The position of European scholars on the impact of the principle in dubio pro libertate on contractual freedom and its restrictions, as well as the views of domestic scholars on the principle of freedom of contract.
It is substantiated that in general both scientific positions and legislative provisions of the Central Committee of Ukraine on the formulation of freedom of contract correspond to the European approach to maximum freedom and application of only lawful and proportionate restrictions guaranteeing fairness and non-discrimination, protection of weaker counterparties (consumers) interests. It is proposed to understand the limits of freedom of contract provided by the CC or other act of civil legislation of Ukraine legal, reasonable, fair and proportionate framework that restricts the freedom of action of the parties to the contract to ensure the balance of public and private interests.
Removal of the right to inherit one of the parents
Authors: Ruban O. 
Published: April 2022

The article is devoted to the study of the legal status of one of the parents who was deprived of parental rights and removed from the right to inherit. The legal status of the testator's child has been studied. Reasoned proposal on the need for intentional failure of the heirs to fulfill their responsibilities for the maintenance of the testator-child, improper care, failure to provide the necessary assistance and care.
Disputes over removal from the right to inherit are one of the most common categories of cases heard by courts under the rules of civil procedure. The complexity of this category of disputes is explained by the fact that at the time of the inheritance of the testator-child is no longer alive. Therefore, obtaining information about the circumstances and facts that are relevant to the case, for objective reasons, is difficult. Difficulties also arise when establishing facts of legal significance.
The correlation of the provisions of the Civil and Family Codes of Ukraine on the grounds and conditions of removal from the right to inherit has been studied. According to Article 164 of the Family Code of Ukraine, evasion of parental responsibilities entails deprivation of parental rights. Thus, the norm of Article 1224 of the Civil Code of Ukraine is natural, which regulates that parents deprived of parental rights are not entitled to inherit by law after the child-heir.
It is concluded that it is necessary to recognize postmortem children as heirs at law and by will, by making appropriate changes to the civil legislation of Ukraine and give them the right to inherit.It is substantiated that a person's evasion of assistance to a testator in need of assistance is intentional acts or omissions aimed at evading the obligation to provide support and assistance to the testator, ie evasion related to the guilty conduct of a person who was aware of his obligation. language, had the opportunity to perform it, but did not take the necessary action.
Legal means to ensure the effectiveness of tax control
Authors: Pyroha S. , Pyroha I. 
Published: April 2022

Effective tax control is designed to ensure the balance of public and private interests in the tax sphere and to strengthen the confidence of civil society in the institutions of state and law. Weaknesses in tax control lead to the formation of the shadow sector of the economy, low incomes of the majority of workers and retirees, limited effective demand for goods / services, lack of incentives for economic development and the need to provide subsidies of housing communal services. Most of the economy is monopolized, market regulators are virtually non-existent, and existing ones have zero efficiency. The lack of fair market prices does not allow to ensure the macroeconomic balance of the market environment and to objectively determine the tax base and the amount of taxes payable.
The article substantiates the necessary changes to the legislation, which eliminate the possibility of different interpretations of legislation, simplify the system of tax administration and eliminate possible abuses of tax law. Improving the effectiveness of tax control is ensured by the introduction of market pricing, which is based on an exclusive list components of price : wages, profits, depreciation and any costs that are confirmed by pay VAT. Tax control should be complemented by control over the costs and assets of taxpayers. First of all, we are talking about the subjects of e-declaration of income.
It is proposed to make additional columns in the form of e-declaration, in which to indicate the amount of paid personal income tax and social contributions, confirmation of the completeness of the declaration of income and compliance of income with taxes paid. Owners of large assets should be added to the list of e-declaration entities and an additional tax on large assets should be introduced. It is necessary to develop a list of sanctions that occur in case of detection of incomplete payment of taxes and fees, undeclared assets, regardless of their actual location and method of detection.
Investigation units of the National Police of Ukraine
Authors: Meshkovoi K. 
Published: April 2022

The article covers the interpretation of basic concepts, analyzes the current legislation governing the research topic, conducts a comprehensive study of the functions of the National Police of Ukraine, both in general and individually, and examines these aspects on the basis of Ukrainian legislation today.
During the study of the functioning of the inquiry units of the National Police of Ukraine, it was found that the scope of these units is carried out within the current legislation of Ukraine, namely there is a clear reflection of the functions. It is established that a number of such functions allow to positively achieve the set goals.
On July 1, 2020, Law № 2617-VIII entered into force, which introduced systematic changes to the legislation which introduced the institution of criminal offense. From that moment on, criminal offenses are divided into crimes and misdemeanors, and the exclusive right to investigate criminal offenses, along with investigators, was granted to investigators in the form of an inquiry that has a special (simplified) nature.
According to the Criminal Procedure Code of Ukraine, pre-trial investigation of criminal offenses is carried out in the form of pre-trial investigation and inquiry.
As follows from the content of Article 215 of the CPC of Ukraine, pre-trial investigation of crimes is carried out in the form of pre-trial investigation, and criminal offenses - in the form of inquiry in the manner prescribed by the Criminal Procedure Code.
In accordance with the third part of Article 38 of the CPC of Ukraine, inquiries are carried out by inquiry divisions or authorized persons of other divisions: bodies of the National Police; security agencies; bodies of the Bureau of Economic Security of Ukraine; bodies of the State Bureau of Investigation; National Anti-Corruption Bureau of Ukraine.
Judicial practice of exemption from serving a sentence for a criminal offense that encroaches on security activities
Authors: Syiploki M. 
Published: April 2022

The article considers the case law on the application of the criminal law institution of exemption from serving a sentence with probation for criminal offenses that encroach on security activities in Ukraine. Emphasis is placed on the fact that the legislative regulation of security activities today contains certain gaps in terms of ensuring the protection of such activities, including criminal law.
The opinion of scientists on the problems of emergence, existence and functioning of this institute in Ukraine and abroad, in its generalized form, is analyzed.
The state of criminal proceedings by courts of criminal jurisdiction on the imposition of criminal punishment and release from serving it with probation is described. In particular, the legal position of the First Judicial Chamber of the Criminal Court of Cassation of the Supreme Court in the case № 235/689/20 on the application of the criminal law institution of exemption from probation was considered.
It is established that in view of judicial practice there are a number of inconsistencies in concluding an agreement on the application of agreed release from probation to the requirements of the Criminal and Criminal Procedure Codes of Ukraine in case of conviction for criminal offenses against security activities.
It is concluded that the growing public demand for security organizations, the need for state support and assistance in their successful operation. Emphasis is placed on the effectiveness and expediency of the institution of exemption from serving a sentence with probation in case of conviction for criminal offenses against security activities.
Methods of misleading the court or other authorized body
Authors: Kotlybaeva K. 
Published: April 2022

The article considers and substantiates the need to establish the method of committing a criminal offense as a central element of forensic characteristics. The works of leading domestic and foreign scientists who have studied the concept of the method of criminal offense, its meaning and relationship with other elements of forensic characterization are analyzed and studied. The concept of the method of committing a criminal offense has been comprehensively studied. It is established that most criminologists include a certain system of actions in the method of committing a criminal offense, which includes actions to prepare, commit and conceal. The need to develop a classification of methods of committing knowingly false methods of misleading the court or other authorized body, which will allow the investigator to establish as yet unknown elements of forensic characteristics, identify investigative situations during the investigation, timely assess the testimony and other evidence.
The analysis of Article 384 of the Criminal Code of Ukraine was carried out and, depending on the method of action and its content, the following methods of misleading the court or other authorized body were identified:

Providing knowingly false testimony.
Compilation and / or submission of knowingly false expert opinion.
Submission of knowingly unreliable or forged evidence.
Compilation and / or submission of a knowingly false report of the appraiser.
Compilation and / or submission of knowingly false translation.

The article will consider in detail the methods identified by the author to provide knowingly false testimony, which include actions to prepare, commit and conceal. The ways of making a knowingly false expert opinion depending on the structure of this document are highlighted. The notion of evidence is analyzed and the ways of presenting knowingly unreliable or forged evidence are established. Depending on the procedure of property and property rights valuation, the author identifies ways to prepare, commit and conceal the preparation and submission of a knowingly false appraiser's report. Methods of knowingly incorrect translation are identified.
International legal support of post-conflict settlement (on the example of the UN practice)
Authors: Melnychenko N. 
Published: April 2022

The article considers the legitimate possibilities of involving the UN in a post-conflict settlement. The history of formation of the institute of peacebuilding in the system of bodies of this organization is analyzed. Institutional and regulatory mechanisms for the application of peacekeeping operations have been identified. The peculiarities of the creation of the UN police force with the functions of monitoring the observance of the ceasefire regime in conflict zones are revealed. The definition of peacekeeping operations is described and the mechanism of their establishment by the adoption of UN Security Council resolutions is described. The article states that it was the UN that helped end the war in the Congo (1964), Iran and Iraq (1988), El Salvador (1992) and Guatemala (1996). The United Nations has made significant contributions to peace in Mozambique (1994), Sierra Leone (2005), and the declaration of independence of East Timor (2002). If the parties to the conflict do not comply, "all necessary measures" may be taken, including military action as carried out to restore Kuwait's sovereignty (1991), to deliver humanitarian aid to Somalia (1992), to restore the democratically elected Government of Haiti (1994) or to restore peace and security in East Timor in 1999.
It is determined that in the practice of the UN such means of peacekeeping as preventive diplomacy, peace-making, peace-keeping, peace-keeping, peace-enforcement and peacebuilding in the post-conflict period have been formed. -building). The article focuses on the Peacebuilding Commission, which serves as an intermediate link between peacekeeping and post-conflict operations. The main tasks of the Commission are to establish links between all parties to coordinate actions and ensure genuine post-conflict activities. Currently, several countries are on the agenda of the Peacebuilding Commission: Burundi, Guinea, Guinea-Bissau, Liberia, Sierra Leone, and the Central African Republic.