bluuebunny/crossref_metadata_2025_split huggingface dataset:
IMPLEMENTASI SUPERVISI KEPALA SEKOLAH SECARA BERKELANJUTAN SEBAGAI UPAYA PENINGKATAN KOMPETENSI GURU DAN PESERTA DIDIK DI KABUPATEN MUARA BUNGO
Authors: Hamzah Sayuti 
Published: September 2022

Institutions must have a good education system. While a good educational system is when an institution has clear goals, careful planning, coordination, professional leaders, cooperative surveillance and awake and evaluation work is high diciplint. The purpose of this paper is to describe the method of implementation of the supervision of the principal in an attempt to improve the competence of teachers and the competence of graduates in the District of Muara Bungo. Supervision on the process undertaken in the District of Muara Bungo in the push for the formation of learning community among teachers. With the creation of a learning community will occur betwe knowledge transfer fellow teachers. Supervision model school by the head of the school is determined by the objectives are aimed at diagnosing, planning of learning or evaluating the qualifications of teachers. The goal will determine the form of the instrument being used. Supervision on the process undertaken in the District of Muara Bungo in the push for the formation of learning community among teachers.
Peran Efikasi Diri terhadap Prokrastinasi Akademik Siswa SMA X Bukittinggi pada Masa Pandemi Covid-19
Authors: Zul Firdaus 
Published: September 2022

Penelitian ini membahas tentang Peran Efikasi Diri terhadap Prokrastinasi Akademik Siswa SMA X Bukittinggi pada Masa Pandemi Covid-19. Efikasi diri siswa juga merupakan salah satu faktor yang mempengaruhi prokrastinasi akademik siswa pada masa pandemi covid-19. Penelitian ini merupakan penelitian kuantitatif dengan pendekatan deksriptif korelasional yang bertujuan mengetahui seberapa besar peranan efikasi diri terhadap prokrastinasi akademik siswa SMA X Bukittinggi pada masa pandemi covid-19. Alat ukur data menggunakan skala Likert yang tediri dari skala efikasi diri dan skala prokrastinasi akademik. Teknik analisa data menggunakan analisis regresi linier sederhana dengan bantuan SPSS 16.0 for windows. Berdasarkan hasil penelitian diperoleh r sebesar 21,160 dengan p sebesar 0,000 < 0,05. Terdapat pengaruh yang signifikan dari efikasi diri terhadap prokrastinasi akademik sebesar 12,2% dan 87,8% ditentukan oleh faktor lain seperti motivasi, tipe kepribadian dan regulasi diri. Kesimpulan dalam penelitian ini adalah terdapat hubungan signifikan bersifat negative antara efikasi diri terhadap prokrastinasi akademik siswa SMA X Bukittinggi pada masa Pandemi Covid-19.
Disentangling the impact of ICT adoption on SMEs performance: the mediating roles of corporate social responsibility and innovation
Authors: León-Gómez Ana , Santos-Jaén Jose Manuel , Ruiz-Palomo Daniel , Palacios-Manzano Mercedes 
Published: September 2022

Research background: The literature on the effects of Information and Communication Technologies (ICT) on performance is extensive and shows a significant positive effect. Likewise, the use of ICT to facilitate and report on Corporate Social Responsibility (CSR) practices implemented by Small and Medium Enterprises (SMEs) contributes to improve business performance. Moreover, through innovative activities, firms also obtain competitive advantages that impact positively on their performance, even more so when they are impacted by CSR. For this reason, it is expected that the adoption of ICTs in companies through a CSR-oriented strategy will increase their impact on business performance.
Purpose of the article: This article tries to examine how ICT affects SMEs? performance through CSR and innovation.
Methods: We tested our hypotheses using a sample of 2,825 Spanish SMEs and by applying a Partial Least Squares Path Modeling (PLS-PM) with a double confirmatory and predictive purpose: to identify the causal relationships between latent variables, and to evaluate the ability of the model to make predictions for individual cases.
Findings & value added: The results show that CSR-oriented ICT impacts innovation by changing strategies and business model in companies. Moreover, the implementation of CSR practices gave them competitive advantages to increase their performance. We highlight how innovation gives companies greater capacity to respond to changes in their environment and how innovation positively impacts the link between CSR and performance. Finally, our research makes two significant contributions to the literature by incorporating two sequential mediating effects into the model. On the one hand, the indirect effect of ICT on innovation through CSR. On the other hand, the indirect effect of CSR on SME performance through innovation.
The system of sources of civil procedural law and the place of judicial precedent in it
Authors: Fennych V.P. 
Published: September 2022

This article is devoted to the analysis of the sources of the field of civil procedural law of Ukraine and the outline of the role of court precedent among them. A schematic analysis of normative legal acts, international treaties, customs and judicial acts as sources of civil procedural law of Ukraine is carried out. The importance of normative legal acts is noted, where the norms of civil procedural law, which systematically regulate the procedure for consideration and resolution of civil cases, are located the most. An analysis of codified and non-codified laws is carried out, it is indicated that the latter have an interdisciplinary character. The ratio of international treaties and normative legal acts as sources of civil procedural law of Ukraine is determined, attention is drawn to the peculiarity of their application in the civil process.
A lot of attention is paid to the so-called "judicial sources" of the civil procedural law of Ukraine, which are understood as decisions of the Constitutional Court of Ukraine, resolutions of the Plenums of the Supreme Court of Ukraine and the Higher Specialized Court of Ukraine on consideration of civil and criminal cases, decisions of the Supreme Court, court decisions of local and appellate courts, decision of the European Court of Human Rights. The last judicial act is officially recognized as a source of law in Ukraine, while there are heated discussions among scientists and practitioners regarding the possibility of their recognition as a source of law, which is intended to record a new norm of law, including civil procedural law. It is indicated that in most cases, when they talk about the precedent nature of judicial acts of domestic courts, they are primarily talking about precedent-interpretation, which formally cannot be recognized as a source of law, since explanatory work on the application of a rule of law cannot be equated with rule-making. On the other hand, there are cases when the decision of the Supreme Court de facto can become a judicial precedent in its classical sense due to changes in the Civil Code of Ukraine in October 2017. In particular, if the Supreme Court, during the consideration of a civil case, chooses such a method of defense, which is not provided for by law, but does not contradict it, if it is necessary for effective defense. True, such a decision cannot be considered a source of civil procedural law, since the "method of protection" should refer to material, not procedural rights of the parties to the case.
Extraordinary review of judgments in civil law jurisdictions
Authors: Pilkov K. M. 
Published: September 2022

The article is focused on the current problem of distinguishing the means of ordinary and extraordinary review of court decisions, in view of the universally recognized value of the finality of a judgment and the unacceptability of groundless interference with res judicata.
Based on the examples of some civil law countries the article substantiates the most common grounds for intervention into a final judgment which are considered sufficient, as well as introduces common traits which allow grouping those grounds. The article argues that, in general terms, the most common grounds for an extraordinary review are procedural violations that significantly limited the party in exercising the right to be heard; violations in the evidentiary issues caused by illegal actions of other participants in the proceedings, in particular due to the submission of forged evidence; procedural errors related to the composition of the court.
The article distinguishes the means of extraordinary review, which might interfere with res judicata, and those that do not, but are aimed at the revision of the courts' interpretation of the law to ensure its development. At the same time, the article pays attention to the fact that in cases where the review may intervene into res judicata, errors in matters of law (e.g. incorrect application of substantive law) are excluded from the list of grounds for extraordinary review.
The article pays attention to the problem of extraordinary reviews being initiated by actors other than parties to the case. The author refers to the case-law of the European Court of Human Rights and argues that an extraordinary review, which does not lead to interference with res judicata, can be initiated by such actors who pursue public interests in the development of law in order to achieve unity in its interpretation. With respect to cases where the review interferes with res judicata, procedural laws in many European countries is evolving towards eliminating these remedies as they are infringing the right to a fair trial.
The security of digital and information rights of condemnes in institutions of the execution of punishments at the terms of martial law
Authors: Borko I.S. , Denysenko K.V. 
Published: September 2022

This article is dedicated to the analisys of the security of digital and information rights of condemes in institutions of the execution of punishments and also to the creation of ways of the improvement of the mechanism of the realization these rights at the terms of martial law. We emphasize that the creation of the position of the ombudsman, functioning of human rights organizations, the adoptions of the chain of normative legal acts which are directed for regulating of human rights in different fields of social life testify to the formation of a human-centered environments in Ukrainian society. Ukraine progressed in the part of the formation human rights but at the 24-th of February 2022 year russian federation started a full-scale invasion of the territory of sovereign and independent Ukraine and which was accompanied by a purposeful violation of human rights of Ukrainian by the aggressor state.
It is the step «backwards» in the formation of free and democratic society where human rights, in particular rights of condemnes, are fixed at the legislative level and also properly implemented in practice.
Russian occupants systematically break international law and make obstacles to full and free use of the Internet by citizens of Ukraine and connect them to Russian providers. In these situations the State Security of special communications and information protection of Ukraine recommends to connect to occupant`s providers only by a system of VPN. Condemens are prohibited from using of the system of VPN, so the problem of the security of digital and information rights of condemens at the terms of the martial law needs special attention.
Authors focus the attention on the creation of organization and law basics of the security of digital and information rights of condemens in institutions of the execution of punishments that will operate during the martial law.
Current national judicial practice on the implementation of the right of access to public service
Authors: Demianchenko A.S. 
Published: September 2022

This article examines national jurisprudence concerning judicial protection of the right to equal access to public service. The author has updated the topic of the study by stating that the latest challenges for lawmakers and enforcers in the context of ensuring the right to equal access to public service are the coronavirus SARS-CoV-2 pandemic and the military aggression of the Russian Federation against Ukraine.
For Ukraine, the relevance of the research topic is defined by the European integration processes as the effective implementation of the provisions, in particular, of the 2014 Agreement between Ukraine on the one hand and the European Union, the European Atomic Energy Community and their Member States on the other hand, requires a professional civil service that can ensure the functioning of the state apparatus.
The scientist aims to investigate the current judicial practice, which will allow to determine the state of judicial protection of the mentioned right and to formulate specific recommendations. In general, it has been established that the legal regulation of access to public service in Ukraine is dynamic, i.e. adapting to the demands of the times, but along with this legislation contains gaps and inconsistencies that affect the practical implementation of access to public service by citizens. It should be noted that general scientific and specifically scientific methods of research were used in writing the article.
First of all, the author outlines the scientific development of the problem of access to public service in Ukraine and actualizes the need to analyze the legal positions of domestic courts. The scientist has highlighted hypotheses on the violation of the procedure for competitive selection of civil servants, in particular: violation of the principle of equality; violation of the principle of legality and complexity of establishing the limit of discretion; violation of the principle of transparency. A well-founded confirmation or refutation of these hypotheses is given, considering the current jurisprudence. In doing so, the author examines the consistency of judicial practice with certain components of the principle of the rule of law. Reasoned conclusions and recommendations for improving the functioning of the civil service institution in Ukraine have been formulated. The practical value of the study results lies in the possibility of their use in law-enforcement activity - when protecting the rights of citizens for access to public service, to executive authorities to optimize the process of selecting citizens for public service.
Monitoring of the way of life of the reporting subjects in the system of financial control measures
Authors: Tavolzhanskyi O.V. , Smetanina N.V. 
Published: September 2022

The article states that the anti-corruption declaration is a legally regulated procedure for drawing up, submitting, accounting and publishing declarations of income and property status by persons authorized to perform the functions of the state or local self-government and other obliged entities, as well as organizational and control activities of authorized bodies to ensure compliance by declarants with anti-corruption legislation. Until 2014, an effective system for monitoring the reliability of data contained in declarations of property, income, expenses and financial obligations of public servants was not actually created.
The Law of Ukraine "On Prevention of Corruption" specifies that the National Agency for the Prevention of Corruption carries out selective monitoring of the lifestyle of the subjects of the declaration in order to establish the conformity of their standard of living with the property they and their family members have and the income they receive in accordance with the declaration of the person , authorized to perform the functions of the state or local self-government, submitted in accordance with the Law of Ukraine "On Prevention of Corruption".
The article analyzes Romania's experience in monitoring the lifestyle of officials, in particular, the most effective mechanisms for such monitoring.
In the opinion of the authors, electronic declaration, control and verification of declarations, monitoring of the way of life of the subjects of declaration in Ukraine need further development and improvement in accordance with international standards. After all, electronic declaration is a key tool in the system of preventing corruption, which allows to ensure honest public service. Undoubtedly, the future vector of the development of the system of electronic declaration and monitoring of the way of life of the subjects of declaration consists in the development of automated systems for checking the reliability of data.
Also, the principles of monitoring the way of life of the reporting subjects should remain inviolable, such as the rule of law, legality, guarantee and equality of the rights and legitimate interests of the reporting subjects, transparency, objectivity and impartiality.
Use of special economic knowledge in pre-trial investigation
Authors: Kurman O.V. 
Published: September 2022

The article is devoted to the problems of using special economic knowledge during the investigation of criminal offenses. In the conditions of martial law in Ukraine, when significant funds are allocated from the budget for the material and technical support of the armed forces, the restoration of infrastructure destroyed by the attacks of the aggressor country, interaction with specialists in various fields of economics, accounting, economists and commodity experts is of special importance. Such interaction takes place during the direct conduct of individual procedural actions by the investigator, preparation and collection of materials for expert research or during the examination. After all, unfortunately, there are rare facts of embezzlement or misappropriation of budget funds, humanitarian aid received from abroad, collected by charitable organizations within the country. This applies to both military and civilian goods.
Such a type of interaction as interaction between an investigator and a specialist is considered. The scientific work analyzes the current criminal procedural legislation of Ukraine in terms of the appointment and conduct of audits and inventories at the initiative of the investigator. It is noted that today there is no unity in the interpretation of legal norms in this aspect, as well as a unified judicial practice in terms of issuing decisions regarding the appointment of audits at the request of investigators, and this applies to both decisions of courts of first instance and appeals. In particular, the Criminal Procedure Code of Ukraine does not contain direct norms that allow investigators to initiate audits and inspections. At the same time, other laws and subordinate legal acts, which according to Art. 1 of the Criminal Procedure Code of Ukraine refers to the criminal procedural legislation, provides for the possibility of appointing audits and inspections by the court and contains procedural norms regarding such procedures. Also, the article considers the procedural mechanisms of assigning the inventory to the investigator in cooperation with the auditor, because today the investigator does not have the right to petition the court on this issue. The conclusions point to the necessity and importance of harmonizing legislation and forming a unified judicial practice.
To the question of the modern structure of a separate forensic methodology
Authors: Cherdyntsev Yu.G. 
Published: September 2022

The article analyzes the structure of the forensic method of investigation of certain types of crimes, proposes its modern structure, in particular, a separate forensic method must necessarily include a forensic characteristic, typical investigative situations and programs (algorithms) of the investigator's actions in each judicial investigation. stages of the investigation, specifics of the tactics of individual investigative (search) actions, other measures and tactical operations, as well as specifics of the investigation under martial law.
Forensic characterization is considered as an important structural unit of a separate methodology, which reflects its purely forensic aspect, describes forensically significant, statistically derived features of crimes of a certain group. The author comes to the conclusion that forensic characteristics include signs of circumstances that are subject to proof (but not all), but only those signs that determine the choice of appropriate forensic means, techniques and methods of crime investigation (forensically significant). Therefore, he claims that the refusal to study the circumstances to be proven in the methodology and in most of the modern dissertation studies in criminology will be justified.
Based on the analysis of existing scientific views and concepts, the author substantiates the position of highlighting the initial stage of the investigation, as well as the feasibility of developing recommendations for the organization of the investigator's actions at this stage and in the investigation process at two traditional stages. forensic stages: initial and subsequent. Based on a comparison of a specific investigative situation that arose during the investigation of a specific crime with a typical one, investigators should choose the appropriate, most effective forensic means and methods of establishing objective reality.
The inclusion in the structure of a separate forensic methodology of investigation features under martial law is considered as an urgent need of practical workers. After all, the conditions of martial law make changes both in the program (algorithm) of the investigator's actions and in the tactics of conducting investigative (search) actions. This is due to the fact that the legislator departed from the principle of immediacy of the research of evidence.
It is noted that the study of other forensic aspects of the investigation of certain types of crimes may take place.
Natural law regulation of social relations during the war
Authors: Romanova A.S. 
Published: September 2022

The article is devoted to the philosophical and legal problems of the natural and legal regulation of social relations during the war as the most acute period of social and legal anomie, when a number of norms of society's existence are devalued and no longer in effect, the system of values and social norms is disintegrating. In the crisis-transitional period of the development of society, positive law (written norms of the state) loses its regulatory power due to certain circumstances: a change in the form of the state system, the rule of the regime; hostilities, political crisis, etc. It is under such conditions that people's life activities are regulated by the unwritten norms of natural law.
It has been found that social, religious, and cultural organizations contribute to the maximum implementation and observance of human rights during wartime, which not only support the moral and spiritual sphere of human existence, but can also, through their representatives, identify persons who need legal assistance in a critical period and to help law enforcement agencies in preventing manifestations of illegal behavior of citizens.
It is emphasized that active military actions are the reason that the life of society is disturbed within the positive legal field of the state and, as a rule, citizens feel the need for a deeper, closer relationship between man, the state and the law, namely for active involvement in the process of legal regulation norms of natural law, morality, customs.
As for the manifestation of natural and legal properties of a person, they are enshrined in human rights, where the complementarity of law and morality occurs in connection with the reproduction and protection of universally significant values ​​of civilized human activity and communication.
It is noted that on the basis of the norms of natural law, human behavior is «retained» within legitimate value orientations, because such tragic periods provoke illegal, deviant, conformist, etc. behavior, which with its antisocial characteristics can provoke a person to criminal behavior.
Anomic states of social development encourage a person to actively synthesize valuable manifestations of legal, social and moral consciousness, with the aim of legitimate self-realization and prevention of misconduct.