bluuebunny/crossref_metadata_2025_split huggingface dataset:
Problem issues of application of electronic evidence in the economic process
Authors: Podvirna O. V. , Schneider A. О. 
Published: April 2022

The scientific work reveals the topical issue of the role and possibility of using electronic evidence in business, as it is controversial and problematic today, namely the legal regulation of their use in commercial litigation, which is primarily due to the discussion of scholars and lawyers on the institution of evidence and proof in commercial litigation. The main reason for the emergence of electronic evidence in the business process, namely - integration into European institutions. The concepts of "electronic proof" and "electronic form of proof" are defined. The paper also presents the legal nature of the presentation and evaluation of electronic evidence. The peculiarities of its application are determined, which consist in the recognition and involvement of electronic evidence in the case, which are represented by the participants in court. The reasons for the controversial issues regarding the interpretation of the concept of "electronic evidence", as well as the possibility of their application in resolving commercial disputes. The opinions of scientists on the concepts: "electronic proof and electronic form of proof" are analyzed and the features that distinguish them from other types of evidence are singled out, namely: not the material form of electronic evidence; existence of a technical information carrier; the ability to transfer or copy to different devices without losing content. The main ideas and statements of the scientific community on the understanding of the concept of "electronic proof" and the possibility of using electronic forms of proof in establishing the truth in economic and legal conflict are studied.
The main methods of presenting and examining electronic evidence related to the possibility of exercising the right to judicial protection in any way and methods that do not contradict procedural law are identified.
We noted that the ability to use electronic evidence in court is recognized as a progressive innovation. However, the procedures for registration, submission and involvement of such documents are quite complex and problematic, which in turn leads to the need to improve its legal regulation and legislative consolidation.
Electronic trading system of solid biofuels as a means of ensuring sustainable development: problems of legal regulation
Authors: Malolitneva V.K. 
Published: April 2022

The present article is dedicated to the problems of legal regulation of the creation and functioning of the electronic trading system for solid biofuels. The paper analyses the latest initiatives, including draft regulations, which propose to introduce the trading system for solid biofuels. Special consideration is given to the mandatory percentage of both sales and purchases of solid biofuels in the e-trading system for a certain list of entities, primarily of state and municipal ownership in order to ensure a guaranteed demand and supply. It is argued that it is not appropriate to exclude contracting authorities that are covered by the Law of Ukraine “On Public Procurement from such list of entities, which is stipulated by the following: 1) it may negatively affect the very idea and purpose of creating such a system, as the State is one of the largest buyers; 2) the transfer of procurement by contracting authorities covered by Law of Ukraine “On Public Procurement” to another e-trading system will not contradict the main purpose of legal regulation of relations in the field of public procurement, as the principles of such system correspond to the principles of public procurement (principle of non-discrimination, competition, transparency and efficient use of public funds). It is also mentioned that Prozorro could be considered as a platform for an e-trading system for solid biofuels, which will ensure a high degree of transparency and interconnection of information on all purchases of contracting authorities who are buyers of biofuels; 3) it is emphasized that the imposition on contracting authorities covered by Law of Ukraine “On Public Procurement” who are buyers of solid biofuels, the obligation to purchase fixed volumes of solid biofuels using e-trading system will ensure implementation of goals and objectives defined in program and strategic documents for achieving Goal 7 of sustainable development and implementation of Ukraine's international obligations.
Public policy in the field of food safety and veterinary medicine
Authors: Popovych T. , Golinka S. 
Published: April 2022

The article is devoted to outlining certain aspects of legal regulation of veterinary medicine in Ukraine. The paper analyzes the study of legislation in the field of veterinary and episodic welfare, as well as food safety. The stages of reforming the central executive body that implements the state policy in the field of food safety are distinguished. A comprehensive analysis of the planning and implementation of veterinary-sanitary supervision and control at the controlled entities of food production, storage and marketing is analyzed. Conceptual approaches to the formation of the state personnel policy in the field of food safety have been proposed, while the main goals that formulate the needs of the industry by professional, competent and qualified personnel have been outlined. The ways of improvement of unplanned measures of state control and application of administrative influence are suggested.
The author concludes that the organization of the food service base of Ukraine is unexplored and legislatively imperfect, which creates obstacles to the effective work of the central executive body, which implements state policy in the field of veterinary, sanitary and epizootic welfare. It is emphasized that a necessary precondition for improving the national strategy of food security of Ukraine is the creation of a viable, constructive state veterinary service, capable of performing the functions of state veterinary and sanitary control and supervision. This gives reason to believe that the formation of state personnel policy in the field of food safety and veterinary medicine of Ukraine today is one of the pressing issues that need to be addressed in both scientific and practical aspects.
Concepts and features of certain elements of the legal status of civil servants in Ukraine
Authors: Grishchuk A. B. 
Published: April 2022

The article notes that the active reform processes taking place in Ukraine have a significant impact on the development of Ukraine as a legal, social and democratic state. Currently, there is an active reform of public administration and local government. The legislator and the legal status of the civil service in Ukraine did not miss attention in the field of legal support reform. Thus, the active development of the civil service institute has gone from the emergence of development and reform to the current state of legal support and institutional affiliation of various genera and types of civil service
The term «legal status» should be understood as a system of statutory freedoms and obligations, as well as guarantees for the activities of a civil servant in the process of his civil service. Thus, we can identify the following thesis, which once again emphasizes the importance of the legal status of a civil servant. Thus, a civil servant is a person who, in order to perform the tasks and functions of the state, exercises his constitutional right to participate in the management of public affairs and carries out his activities within certain statutory powers manifested in the system of rights and responsibilities of a civil servant. in connection with admission to the civil service and remain with him throughout the term of service.
Legislative consolidation of the legal status of civil servants is reflected in a number of regulations, including the Labor Code of Ukraine, the Law of Ukraine "On Civil Service" as well as acts of sectoral legislation (eg Law of Ukraine "On the Cabinet of Ministers of Ukraine") and other acts sectoral legislation aimed at legal regulation of the legal status of civil servants.
Administrative and legal support preventing and resolving conflicts of interest in the sphere of healthcare: scientific and terminological search
Authors: Yarova A. E. 
Published: April 2022

The article deals with the study of administrative and legal support aimed at preventing and settling conflicts of interest in the field of health care, demonstrates their structure, mechanism and preset concepts. The article contains the author's definition of the legal structure "administrative and legal support for the prevention and settlement of conflicts of interest in health care field" as a set of actions of authorized entities, which has a targeted impact on identifying and eliminating conflicts between private and public interests of entities acting in the field of health care by means of a regulating mechanism, which is implemented through norms, relationships, means, forms and methods of administrative and legal influencing, in order to protect and safeguard human rights, freedoms and interests, as well as to preempt conditions for committing offenses related to corruption in the field of health care. It has been concluded that health care is a system of legal, socio-economic and treatment-and-prophylactic measures and technics aimed at preserving, strengthening and restoring human physical and mental health.
Emphasis is placed on the fact that the mechanism of administrative and legal support for the prevention and settlement of conflicts of interest in the field of health care is a set of administrative and legal means, which are based on the corresponding norms and regulations and aimed at regulating public relations in the activities designed to prevent and settle conflicts of interest in the field of health care. The main subject of such a mechanism, taking into account the administrative law approaches, includes the managerial component of public nature. The conclusion can be drawn that the main elements of the structure of administrative and legal support for prevention and settlement of conflicts of interest in the field of health care include: the object and subjects, norms and relationships, principles and means, forms and technics, etc.
Prospects for the fight and prevention of smuggling crime within the boundaries of Ukrainian legislation
Authors: Kukshynova O. O. , Nosenko D. S. 
Published: April 2022

The article is devoted to the research of the current state of work of Ukrainian customs authorities to combat smuggling, the research of measures to prevent and combat smuggling, defined in the Customs Code of Ukraine and other acts of customs legislation. The article also reveals the gaps in Ukrainian customs legislation in the field of combating smuggling and gaps in the work of Ukrainian customs authorities in combating the illegal movement of goods, valuables and other items across the state border, including drugs, weapons, cigarettes and cultural property. The smuggling of such items poses a special danger to Ukraine and the world at large.
The article emphasizes that combating illegal movement and / or transportation is one of the priorities of the state. The Ukrainian legislation in the field of counteraction to illegal (smuggled) movement of goods, valuables and other objects across the state border is analyzed. It has been determined that the Ukrainian customs authorities of Ukraine are one of the main subjects of counteracting such a crime as smuggling. Particular attention is paid to the legal framework of the customs authorities of Ukraine to combat smuggling.
The article examines the research and proposals of scientists, as well as the scientific literature on the study of smuggling crime.
The concept of smuggling and other terms related to this area are also studied. It is emphasized that today the situation with illegal movement of objects across the state border of Ukraine remains quite difficult.
The conclusion is made about the need to amend the legislation in this area, as well as the need to learn international experience in preventing and combating smuggling. It was also stressed the need to intensify the rule-making process to improve or create new regulations that would improve the activities of state customs authorities of Ukraine in the fight against smuggling, as well as coordinate the work of customs and law enforcement agencies of Ukraine.
Mental disorder as a legal fact: terminological aspect
Authors: Tyshchenko O. I. 
Published: April 2022

The article is devoted to the study of mental disorder as a legal fact from a terminological perspective. The scientific analysis of the relevant normative sources carried out by the author made it possible to identify a terminological problem, which consists in the inconsistency of the use of terminology in international standards, criminal law, criminal procedural law, other laws and by-laws of Ukraine for the denoting of mental disorders.

The emergence of terminological diversity at the level of international legal standards is confirmed, in which the terms “mental illness”, “mental disease”, “mental and behavioral disorders”, “mental disorder”, etc. are used. It is concluded that the lack of clear definition in the international legal field has led to incomplete consistency of this terminology in the criminal and criminal procedure legislation of Ukraine.
It is analyzed that the criminal procedure law, as well as the criminal law, reflects the use of different terms by the legislator to denote mental anomalies, while the range of categories used differs from the criminal law ones.
It is found that the relevant Law of Ukraine On Psychiatric Care and the relevant by-laws also use different terminology: mental disorders, severe mental disorders, mental illness, mental and behavioral disorders, etc.
It is concluded that the legal model of mental disorder is characterized by inconsistency in the use of terminology at the international, sectoral and intersectoral levels.
In order to overcome the unjustified synonymy, taking into account the arguments expressed by some experts regarding the expediency of deviating from the use of the terms “mental illness” and “mental disease”, it is proposed to support the proposal to replace these terms in the criminal and criminal procedure law with a more correct and non-stigmatizing category of “mental disorder”.
Situation of scientific research in the sphere of electronic mapping in criminal proceedings
Authors: Hrebenkova M. S. 
Published: April 2022

Considering everything, the accusation of a person is formed due to the available evidence in criminal proceedings, the scientific article pays attention to a new source of evidence - evidence that exists in electronic form.
It is noted that today scientists call and define the evidence that exists in electronic form in different ways.
The purpose of the article is to highlight the situation of scientific research in the sphere of electronic mapping in criminal proceedings, which will contribute to the further development of theoretical and practical aspects of the use of evidence that exists in electronic form.
It draws our attention to the fact that the Commercial Procedural Code of Ukraine, the Code of Administrative Procedure of Ukraine, the Civil Procedure Code of Ukraine enshrine the concept of "electronic evidence" as a separate type of evidence on a par with material and written (documentary). However, there is no such evidence in the Criminal Procedure Code of Ukraine.
In order to comprehensively cover the state of scientific research on this topic, the author, taking into account the most indicative positions of scientists, was divided into certain blocks by the names of evidence that exist in electronic form: electronic evidence; digital evidence (digital (electronic) evidence); electronic traces (electronic digital footprints, virtual footprints); electronic mapping.
It is noted that it is inexpedient to enshrine the concept of "electronic footprints" in the Criminal Procedure Code of Ukraine, which will denote evidence that exists in electronic form.
It is summarized that certain concepts of scientists regarding the name of the category of evidence that exist in electronic form, mainly have common features: "factual data or information system presented in digital (discrete) form or information network and recorded on any type of media" . However, the names of this category of evidence differ significantly, depending on the creative approach of the authors and the definition of certain distinctive features in the concepts of such types of evidence.
The position of the authors on the title of such evidence "electronic mapping" and the introduction of appropriate amendments to the Criminal Procedure Code of Ukraine is supported.
Organizational and tactical principles of control supply of drugs and psychotropic substances
Authors: Кorniienko M.V. 
Published: April 2022

The article considers the organizational and tactical principles of this form of control over the commission of a crime in the investigation of crimes in the field of illicit trafficking in narcotic drugs, psychotropic substances, their analogues or precursors, especially in their smuggling. The author reveals the concept, purpose, objectives and types of this event, the legal basis and organizational and tactical principles of controlled delivery.
The author analyzes the content of regulations governing the controlled supply and highlights certain features that indicate the effectiveness of this measure. Also, in accordance with the purpose of controlled delivery, enshrined in law and the established direction of effective action, there are tasks that can be solved during the prevention, detection and investigation of crimes related to illicit trafficking in narcotic drugs and psychotropic substances.
The author's definition of controlled delivery as an effective form of control over the commission of crimes related to illicit trafficking in narcotic drugs and psychotropic substances is formulated.
Systematized on the basis of the opinion of a number of scientists and substantiated classification features and relevant types of controlled supply of illicit trafficking in narcotic drugs and psychotropic substances. It is established that according to the method of obtaining primary information, controlled deliveries can be divided into those detected at the stage of preparation and those detected during the illegal transportation of narcotic drugs or psychotropic substances.
It was stated that controlled delivery is a rather complex organizational and tactical measure, and therefore it requires proper training of all participants, especially in terms of their interaction and involves joint plans, preparation of appropriate forces and means, briefings and more. The stages of controlled delivery in the investigation of crimes in the field of illicit trafficking in narcotic drugs, psychotropic substances, their analogues or precursors, especially in the implementation of their smuggling.
Emphasis is placed on the peculiarities of the organization and tactics of controlled delivery in the investigation of crimes in the field of illicit trafficking in narcotic drugs, psychotropic substances, their analogues or precursors.
Legal and psychological characteristics of the subjects committing illegal actions with equipment for the manufacture of narcotic drugs, psychotropic substances and their analogues
Authors: Okhrimenko I. , Rivchachenko O. 
Published: April 2022

The purpose of the study is to update the legal and psychological characteristics of the subjects of illegal actions with equipment for the manufacture of narcotic drugs, psychotropic substances and their analogues. The methodological basis of the article is a theoretical and applied analysis of forensic and psychological components of personality as a subject of illegal actions with equipment for the manufacture of narcotic drugs, psychotropic substances and their analogues. The method of content analysis of regulations, publications of scientists, as well as the possibility of active and personal, and structural and functional approaches (when outlining the positions of investigative tactics). In view of this, it is argued that the legal and psychological characteristics of the offender’s personality involves the personification of human as a socio-biological system, the properties and characteristics of which are reflected in the material environment and used in the investigation of crimes. It is also noted that most researchers (lawyers, psychologists, etc.) combine elements of the characteristics of the offender's personality into groups: social (social status, education, marital status, profession, etc.); psychological (worldview, beliefs, skills, habits, emotions, temperament, mental cognitive processes, etc.); physiological (anatomical and functional features).
The scientific novelty of the obtained results lies in the generalization of the legal and psychological characteristics of the subjects of illegal actions with equipment for the manufacture of narcotic drugs, psychotropic substances and their analogues. The psychological mechanism of such behavior, as a rule, is personal uncertainty: there is no stable idea of oneself and similarity with a certain person, group, and social environment in general; there is a subconscious desire to isolate oneself from any penetration into one’s inner world. The lack of active social communication leads to the loss of pre-existing social roles.
Conclusions. The criminals of this category are characterized by certain individualized indicators (in particular, insufficient social adaptation; certain level of criminalization of the subject in the field of drug trafficking; significant changes in the motivational and needs sphere of the individual), which influence the construction of the mechanism of illegal actions, psychotropic substances and their analogues.
Isolation of the most characteristic socio-demographic and individual-psychological features allows to correctly interpreting the available information about the subjects of illegal actions with equipment for the manufacture of narcotic drugs, psychotropic substances and their analogues, primarily by preventing, detecting and investigating similar illegal actions, solving other law enforcement tasks, etc.