bluuebunny/crossref_metadata_2025_split huggingface dataset:
Criminal Liability for Embezzlement of Humanitarian Aid
Authors: Shevchuk A. , Bodnaruk O. 
Published: December 2022

The article under study carries out a complex analysis of a new element of a criminal offense (envisaged by Article 201-2 of the Criminal Code of Ukraine) “The Illegal Use of Humanitarian Aid, Charitable Donations, or Gratuitous Aid to Receive Gain”. Besides, it substantiates the expediency of criminalizing such illegal behavior and reveals some potentially problematic issues that may arise in the course of bringing a person to criminal liability for such actions, as well as offers the possible ways of their solution.
russia’s armed aggression, as well as the necessity to help the Armed Forces of Ukraine and internally displaced persons have intensified volunteer activity, the latter having acquired an unprecedented scale throughout the country. Consequently, there has occurred considerable increase of both the number of humanitarian cargoes and the number of pseudo-volunteers or unscrupulous officials, who pursue their own mercantile interests and cynically make money, selling humanitarian aid. All this could not remain unnoticed by the state and led to the adoption of a special legal norm in the Criminal Code of Ukraine.
Particular emphasis has been laid in the article on the mandatory components and signs of basic, qualified and especially qualified elements of criminal offense. Along with this, the peculiarities of the subject of such illegal behavior (charitable donations, humanitarian and gratuitous aid), as well as the respective amounts of the latter, which give grounds for bringing criminal responsibility, have been regarded in detail. In addition, the article contains a conclusion on an unreasonably high minimum limit of the aid under discussion. As for the objective side of the offense, such an extremely important feature in today’s conditions as the time of its commission – during a state of emergency or martial law – is separately emphasized. Having used this word combination, the legislator has replaced the already established in criminal law wording “under conditions of war or state of emergency”, which always indicated such a feature as the circumstances of the crime. The subject of the offense has been considered with a due regard to its overall and specific signs. Another emphasis has been laid on the necessity to criminalize the respective socially dangerous activities of both official volunteers and officials who, although not vested with official powers, may (in connection with their position) have access to humanitarian aid items and actually dispose of them, etc. The subjective side of the offence appears rather interesting in terms of its purpose – to receive gain. The latter looks quite questionable since until now, such a phrase was used only in the context of the actual consequences of the subject’s illegal behavior. Therefore, the legislator should emphasize not on the fact of receiving gains but on the mercantile context of its disposal.
Procedural and organizational aspects of electronic evidence collection during international cooperation
Authors: Akhtyrska N. , Kostiuchenko O. 
Published: December 2022

The article is devoted to issues of international cooperation during criminal proceedings and features of electronic evidence collection, which are managed by a foreign service provider. The Criminal Procedure Code of Ukraine does not contain a definition of electronic evidence, but criminal justice is increasingly faced with the need to collect, evaluate and use such evidence for sentencing. The lack of normative certainty does not contribute to the unity of judicial practice, the issue of evaluating electronic evidence obtained within the framework of international legal assistance is especially acute. In such situations, it is necessary to assess the legality of the law enforcement agency's activities, compliance with conventional guarantees of human rights compliance, fulfillment of obligations to use electronic evidence exclusively in the proceedings in which it was obtained, to check the fact of repeated appeals to the central body of international cooperation in another state with a request for permission to use such evidence in other proceedings, when such a need arose, etc.
Courts consider prosecutor's requests for temporary access to electronic data or to conduct a search, sometimes making mistakes in specifying the jurisdiction where the evidence originated or where the consequences of the criminal activity occurred. Procedural requirements, which are provided for by international acts, determine the need to apply to the state in whose territory the entity that owns, accumulates and manages data is located. The content of the request submitted to the court must be substantively consistent with the type of electronic evidence and the method of obtaining it in another jurisdiction, which is not always taken into account (request for preservation of evidence/preservation of evidence).
The collection of electronic evidence takes place through a complex procedure of interaction between law enforcement agencies, service providers, liaison officers, and attaché officers working in the embassies of different states. Therefore, in addition to procedural aspects, it is advisable to take into account the legislation of other states for the effective use of organizational rules (the most effective channels for obtaining evidence).
The study of gaps in the current legislation and the recommendations of international experts contributes to the formation of a holistic theoretical vision of the normative consolidation of international mutual legal assistance for obtaining electronic evidence and the introduction of proposals for the consolidation of such a mechanism in the special law of Ukraine.
Organizational and legal framework for the protection of environmental human rights within the African Union
Authors: Voievodin I. 
Published: December 2022

The article analyzes the activities of the African Union (1963-2002 - Organization of African Unity) in the field of protection of environmental human rights – an intergovernmental organization created in 2002 to promote the unity and solidarity among African states, stimulate economic development and promote international cooperation, protect human rights, in particular in the environmental sphere. In particular, the category of environmental human rights includes the right to a healthy, safe and adequate environment, the highest attainable level of physical and mental health, an adequate standard of living, nutrition, the right to clean and safe drinking water, the right to receive information about the state of the environment etc. It was determined that due to the specificity of the African region, the complexity of its socio-economic processes and the existence of humanitarian crises, the protection of environmental human rights is not given sufficient attention, as a result of which the existing organizational and legal mechanism for the protection of such rights is imperfect.
A number of international legal acts adopted under the auspices of the Organization of African Unity and the African Union regarding the promotion, guaranteeing and protection of such rights were analyzed, in particular: the African Charter on Human and Peoples’ Rights of 1981, the African Charter on the Rights and Welfare of the Child of 1990, the Bamako Convention on the Ban of the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes within Africa of 1991, Constitutive Act of the African Union of 2000, Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol) of 2003, African Convention on the Conservation of Nature and Natural Resources of 2003, Agenda 2063: The Africa we want, etc. It was determined that the basis of the institutional system for the protection of environmental human rights is the African Commission on Human and Peoples’ Rights, the Special Procedures established by the Commission, and the African Court on Human and Peoples’ Rights. The practice of protecting environmental human rights in the African region was characterized. In accordance with the stated problems, appropriate conclusions and recommendations were made.
Control activity: general theoretical approaches
Authors: Gerych A. 
Published: December 2022

It is indicated that the process of finding and establishing an effective system of public administration, building the organizational structure of the system of bodies and their activities continues in Ukraine. In accordance with this process, a system of control in the sphere of executive power is also being created. In addition, today another country faced the global problem of global migration movements, which became the reason for the revision of the established standards of migration policy formation of many states. In Ukraine, the issue of migration became even more relevant in connection with intra-state movements of persons, which is connected with the full-scale war with Russia. Accordingly, the formation of an appropriate control mechanism in the field of migration not only does not lose its relevance, but also becomes vital in modern conditions.
It has been established that when defining the concept of “control”, it should be noted that despite the fact that a large number of powers of authorities are de facto aimed at the implementation of the control function, control is not always directly mentioned in regulatory acts, but where it is used, it is not explained. Therefore, its concept exists mainly in the field of scientific abstractions.
The content of the control activity includes only fact-finding and evaluation components and does not provide for the use of coercive or encouraging measures that can be applied either as a result of the control activity or without it. In the opposite case, the content of control expands too much. Accordingly, both its scientific systematization and the normative regulation of its principles, types, methods, forms and methodsof implementation, the basic requirements for the procedure of its implementation, are complicated. Jurisdictional component, bringing to responsibility is carried out in accordance with different principles and rules, regulated by separate norms relating to administrative and disciplinary responsibility. Therefore, the expansion of the content of control up to the means of punishment is not justified either from the theoreticalor from the practical side.
Regarding the definition of the concept and meaning of social guarantees of prosecutors.
Authors: Shal V. 
Published: December 2022

The article examines the categorical and conceptual apparatus in the field of social guarantees of prosecutors. To begin with, the author made a systematic analysis of the scientific opinions of scientists regarding the understanding of the essence of such a category as “social guarantees” and proposed to understand the social guarantees of prosecutors as a system of methods, means and conditions defined by the current legislation, which are aimed at protecting prosecutors from social risks, providing adequate material, monetary and social security, taking into account its special legal status. The author also noted that “prosecutor independence” is a complex systemic category that depends on objective and subjective factors, as well as internal and external conditions. In order to achieve the independence of the prosecutor, it is necessary to take legal, organizational, and financial measures, to increase their social and material support. Therefore, guarantees of independence of the prosecutor and social guarantees cannot be equated, since the former is a broader concept in its content.
The article notes that social guarantees of prosecutors are important in their social protection, since: 1) social guarantees affect the level of social security of prosecutors; 2) social guarantees are aimed at ensuring a decent and sufficient standard of living for prosecutors; 3) contribute to the creation of proper working conditions for prosecutors for effective performance of their powers and overriding tasks of the state; 4) contribute to reducing and mitigating the vulnerability of prosecutors and the consequences of the occurrence of relevant risks that threaten the prosecutor during the performance of his powers; 5) contribute to increasing the level of social protection of prosecutors.
It was concluded that the social protection of the prosecutor needs increased attention from the state, because due to his specific activity and during the performance of specific powers, situations may arise that threaten the life and health of the prosecutor. Therefore, the establishment of increased social guarantees for prosecutors is one of the ways to increase their social security.
Problems of legal regulation of termination of the employment contract for violation of labor discipline in special conditions
Authors: Honchar V. 
Published: December 2022

The article is devoted to the study of the problems of legal regulation of the termination of the employment contract for violation of labor discipline in special conditions. When researching the problems of legal regulation of termination of an employment contract for violation of labor discipline in special conditions, the author revealed two issues: termination of an employment contract for violation of labor discipline during emergency situations; abuse of legal position by the employer. The author in the scientific work provides that the termination of the employment contract (dismissal) for violation of labor discipline, as a type of disciplinary penalty, is provided for in part 1 of Article 147 of the Labor Code. The imposition of such a disciplinary penalty as dismissal is allowed only in cases specified by law: for systematic non-fulfillment of labor duties (clause 3 of article 40 of the Labor Code); for absenteeism without valid reasons (clause 4 of article 40 of the Labor Code); for appearing at work in a state of narcotic, toxic or alcoholic intoxication (Clause 7 of Article 40 of the Labor Code); for theft of the owner’s property (clause 8 of article 40 of the Code of Criminal Procedure); for a one-time gross violation of labor discipline by the manager and some other categories of employees (paragraph 1 of article 41 of the Labor Code); for the culpable actions of the head of the enterprise, institution, or organization, as a result of which the salary was paid late or in amounts lower than the amount of the minimum salary established by law (clauses 1-1 of Article 41 of the Labor Code); for the culpable actions of an employee who directly handles monetary, commodity or cultural values, if these actions give rise to a loss of trust in him on the part of the owner or a body authorized by him (clause 2 of article 41 of the Labor Code); for committing an immoral offense incompatible with the continuation of this work by an employee performing educational functions (paragraph 3 of article 41 of the Labor Code).
In addition, the author stated that a violation of labor discipline is considered to be non-compliance during the production process with the rules of conduct established by current legislation, rules of internal labor regulations, job instructions, orders and orders of the employer. A violation of labor discipline is also considered the employee’s refusal without a good reason to conclude an agreement on full financial responsibility, if the conclusion of such an agreement is provided for by current legislation; refusal or evasion without good reason from passing a medical examination of employees of certain professions; refusal or evasion of an employee from passing special training during working hours and passing a safety technology exam, if these are mandatory conditions for admission to work.
Civil agreement as a legal regulator of relations on the creation and implementation of innovations
Authors: Stasiv A. 
Published: December 2022

The article analyses the agreement as one of the main regulators of the private-legal component of innovation relations. It is proved that the contract due to the principles of freedom of its conclusion and determination of its content is the most effective form of regulation of relations on development and implementation of innovations.
The author proves that the agreement in modern conditions is a universal structure, that successfully works in all planes of social relations based on legal equality and freedom of expression. And the sphere of legal relations does not affect the essence of a civil law agreement. The qualifying criterion is the methods of legal regulation.
The design of the agreement allows the parties to the relationship to set out the terms and conditions that they need. Accordingly, the article substantiates that the agreement takes on the characteristics of an individual act of law-making.
The civil agreemant as the “regulator” of innovation relations covers all possible segments of their emergence, realisation, change or termination. Private legal innovative relations include property and non-property relations. However, the author notes that property and non-property relations are multifaceted and multidimensional in their content. Therefore, the need to disclose what is the peculiarity of property and non-property relations specifically in the area of innovation is justified.
The article proves that the subject of private law regulation of the civil agreement in the sphere of innovation relations is: 1) relations in the sphere of intellectual property law and related information relations. Human intellectual activity is a fundamental category of innovation relations. The characteristic of novelty is at the heart of innovation and brings us into the sphere of intellectual property law relations. The author notes the inseparable connection of information relations and relations of intellectual property rights as a subject of regulation of civil-law agreement; 2) organizational relations. In particular, innovation relations are connected with the creation, use of innovations as objects of intellectual property rights and their introduction into production, so require complex factual and legal actions aimed at ordering the legal relations between their participants; 3) property relations on creation and implementation of innovations.
The right to sport in constitutional legislation: a comparative aspect
Authors: Slavko A. S. 
Published: December 2022

Sport has a close connection with human rights. This connection is manifested in several main aspects: the possibility of promoting human rights through sports events, holding sports events and competitions on the basis of equality and non-discrimination, and directly forming the right to sports. For example, respect for human rights is enshrined in the Olympic Charter and the World Anti-Doping Code.
The European Court of Human Rights’ practice in protecting the rights of athletes and persons related to sports is also quite rich. The latter include, for example, sports associations or fans or their groups. The court considered cases associated with the deprivation of freedom of fans to prevent mass riots after football matches, interference in the privacy of athletes due to doping control, violation of the right to a fair trial due to consideration of sports disputes in specialized arbitrations, etc.
An analysis of the constitutional legislation of foreign countries shows a trend according to which state policy on sports mentions appears in newer constitutions. On the other hand, earlier constitutions did not pay attention to this sphere of public life. Those states that granted the sports sphere the status of constitutional regulation use one of several models: 1) the state undertakes to "promote" sports. Such assistance can take various forms - from simple non-interference to targeted support of certain types of professional sports. In some cases, it is even about compulsory involvement of schoolchildren in mass sports (Switzerland); 2) the state defines and guarantees the right to sport. The right to sport is understood as a separate right, for the implementation of which the state creates the appropriate infrastructure. It also involves supporting mass sports because the right to sports is guaranteed to "everyone" and "all people"; 3) sport is understood as part of another right, for example, the right to health and medical care. Accordingly, measures to support sports are part of comprehensive programs to support the population’s health; emphasis is also placed on mass sports. Judging from the text of the Constitution, Ukraine chose the third option. However, the analysis of relevant legislation allows us to talk about forming the right to sport in the domestic legal system.
Personnel powers of the High Council of Justice in Ukraine
Authors: Khaliuk S.O. 
Published: December 2022

The article is devoted to the scientific study of theoretical and legal aspects regarding the definition of the legal content of the concept of "personnel powers of the Supreme Council of Justice". Within the framework of the study, a scientific analysis of existing doctrinal sources was carried out regarding the concepts related to the outlined issues, namely: “powers”, “personnel”, “personnel work”, “personnel powers” and some others.
The concept of personnel powers of the High Council of Justice is formulated as a set of rights and responsibilities of the body of judicial governance, which provide for the possibility of making decisions in the process of forming an honest and highly professional corps of judges regarding the appointment to the position of a judge and/or dismissal from it, making decisions regarding the judicial career and regarding the formation of bodies and institutions of the justice system within the specified limits. An analysis of the entire set of powers of the High Council of Justice in Ukraine has been carried out, personnel powers have been singled out and systematized on the basis of current national legislation and international acts.
It was established that the formation of the judicial corps in Ukraine should be considered as the basis of the personnel powers of the High Council of Justice, which is a standardized process of providing courts with highly qualified personnel, which is systematic, phased, stable and predictable in nature and consists of selection, appointment of candidates for the positions of judges and dismissal judges, consideration of career issues of judges in accordance with national legislation, taking into account international standards. In addition, it was noted that a condition for the independence of the judiciary is the existence and functioning of judicial bodies that take part in the appointment of judges, resolve individual issues of the career of judges and carry out disciplinary measures and must themselves be independent from the point of view of their own powers, their structure and guarantees of the corresponding status.