bluuebunny/crossref_metadata_2025_split huggingface dataset:
The State and Revolutions. Part VII. Formation of the consolidated, socially protected society as the main function of the state, which guarantees its existence, stable development and national security
Authors: Kononenko Yu. , Dzholos S. 
Published: June 2022

The article is devoted to the problems of formation of the consolidated, socially protected society as the main function of the state, which guarantees its existence, stable development and national security.
It was found that the power of state, state apparatus, military and security services, but not the fantastic revolutionary ideas and innovations, are the real fundament of the statehood, because they give the opportunity to keep the power as well as to realize the political will.
The authors tell about the advantages of the aristocratic and meritocratic rule, and, at the same time, say that even the rule of the “bad” ruler is better that the adventurous attempt to overthrow him.
The vitality of the new regimes, which came to the power with the help of the popular revolution and the military coup, was characterized.
The authors say that the state contributes to the formation of the nation as the unitary political community. The realization of this mission demands the creative activity of the state and the development of the internal trans-regional business and economic ties, which should unite the society and guarantee its welfare. At the same time, the liberal line of policy of the “minimal” state is harmful, because it prevents the creation of these ties, excludes the ability of the state to development, makes the state dependence on foreigners and is advantageous to kleptocracy and oligarchy. It was noted that the experience of many countries shows the advisability of anti-liberal policy.
It was substantiated that the formation of the middle class and the social state, as the important grounds of the social stability, are connected with the ideas of the welfare state, paternalistic and etatistic state. The main aspects of the etatistic state activity were disclosed.
It was emphasized that it is inadmissible of glorify the revolutions. The authors say that the civic consciousness should be formed on the principles of etatism and conservatism. The main grounds of the formation of the consolidated, socially protected society and the prevention of revolutions, etc. were covered and summarized
Local elections in the European Union and Ukraine: comparative characteristics
Authors: Marchuk M. , Gudz L. 
Published: June 2022

The article provides a comparative analysis of the electoral legislation of the EU countries and Ukraine at the local level and on the basis of this analysis, the proposals to improve the electoral legislation of Ukraine take into account the experience of the European Union.
The main forms of direct democracy in most EU member countries and Ukraine are fixed at the constitutional level, and the procedure of preparing and holding elections is regulated by special election laws. Domestic electoral legislation is overloaded with detailed norms of procedural aspects, unlike the legislation of EU countries, in which much more attention is paid to the issues of transparency of party financial funds and transparency of election campaign financing, as well as protection of national minorities’ interests.
The main ways of exercising the right to vote not at the place of inclusion in the voter lists in the EU member states were characterized: voting by absentee ballots at specially designated polling stations, voting on the territory of diplomatic and consular missions, voting by mail, proxy voting, mobile voting, voting via the Internet, distance voting. It is noted that the norms in which the institution of a cash deposit is enshrined are discriminatory since they violate the principle of equality of suffrage and create a situation in which candidates are excluded from the political arena on the basis of the property criterion.
Relevant for EU countries is the adoption of measures to create appropriate conditions for the full implementation of the principle of equality of citizens before the law, in particular, to overcome the actual inequality of opportunities between women and men.
In order to bring Ukrainian legislation in line with international standards set by the European Union, we propose: to grant the right to vote in local elections to citizens of other states or stateless persons who permanently reside on the territory of the respective territorial community and permanently pay local taxes and fees have common local interests related to everyday life, infrastructure, communication, recreation; to introduce electronic voting; not to apply the institution of cash deposit at the local level; to introduce individual (party) gender quotas, following the French example.
Defining the institution of a constitutional complaint as an effective remedy in the doctrine and practice of the European Court of Human Rights
Authors: Pietsko Yu. 
Published: June 2022

The institute of constitutional complaint is quite common in many European countries, but in Ukraine it appeared only in 2017. The introduction of such a remedy is due to the need to protect human rights, on the one hand, and the preventive role of the constitutional review body in relation to a significant number of complaints to the European Court of Human Rights against Ukraine - on the other. However, the “effectiveness” of such an institution in both planes is quite relative and depends on many elements. Today, the constitutional complaint implemented in Ukraine is only the beginning of a mechanism of constitutional control over violated human rights and does not play the role of an “effective” remedy at both national and international levels.
This article defines the institution of a constitutional complaint as an effective remedy in the doctrine and practice of the European Court of Human Rights, as in some cases and in certain countries the Court considers a constitutional complaint an “effective” remedy within the meaning of Article 13 of the Convention on Human Rights. fundamental freedoms, but not in others. Therefore, it is important to define the criteria of “effectiveness” of an individual constitutional appeal, as well as the applicability of such criteria to the existing in Ukraine constitutional mechanism for reviewing cases on constitutional complaints.
Given the case law of the European Court of Human Rights, as well as statistics and polls, the criteria for considering a constitutional complaint as an effective remedy in the European Court of Human Rights are quite different from those established in Ukraine. In addition, the “effectiveness” of the constitutional complaint is also affected by domestic political processes, which reflect the public’s trust in certain legal remedies and in certain state bodies as a whole.
Ensuring Ukraine’s economic security through the prism of human security: respect for human and civil rights
Authors: Shevchenko O. 
Published: June 2022

The article reveals the essence of ensuring Ukraine’s economic security through the prism of human security: respect for human and civil rights. It is emphasized that a person, his life and health, honor and dignity, inviolability and security are recognized in Ukraine as the highest social value. Human rights and freedoms and their guarantees determine the content and direction of the state. The state is accountable to the people for its activities. The establishment and protection of human rights and freedoms is the main duty of the state. It is determined that the observance of human rights is a fundamental constitutional principle in Ukraine, the action of which accordingly directs the whole set of socio-political relations. The right to life and health, honor and dignity, inviolability and security belong to those human rights that are conditioned by its nature and social essence and do not depend on the existence of a certain status of a person in the state. That is why all of them are marked as fundamental in international practice.
It was emphasized that defining human rights as the highest value, the Constitution of Ukraine joined the European and world vision of this issue, enshrined its universal solution as mandatory for the state and all other participants in public relations.
It is stated that the main object of security in Ukraine is man, and ensuring the economic security of the state is the most effective tool that can ensure human security.
The content of the National Security Strategy 2020 on the aspect of enshrining human security through the prism of economic security is revealed. It was emphasized that the ultimate goal of the Strategy is to establish a free, prosperous, secure Ukraine, where the rule of law prevails, where everyone can realize their talents and abilities, where people breathe clean air, drink clean water and connect their destiny. children and grandchildren.
The main threats to economic security, which are enshrined in the National Security Strategy 2020, as well as the correspondingly regulated areas of human and civil security have been studied.
It was stated that it is time to counteract threats to national security from the standpoint of the main object that may be in danger - man, because it is man who forms them.
It is emphasized that the main tool for ensuring human security is to ensure the economic security of the state, because guaranteeing all rights and freedoms of man and citizen, both provided for in the Constitution of Ukraine and others lies in the plane of strong economic potential.
The definition of a person as the main subject and object of security is formulated.
Based on the analysis of the study of strategic state documents, conclusions were made on finding ways to increase efficiency and improve human security through the prism of ensuring the economic security of the state.
Property rights in martial law
Authors: Khrebtova A. , Taran I. 
Published: June 2022

The article is devoted to the study of property rights in martial law, the definition of «forced alienation of property» and «seizure of property», reveals their characteristics.
The analysis of the essence of the property right in the conditions of martial law is carried out, it is defined as there is a compulsory alienation and confiscation of property.
It is established that during martial law there is a possibility:
–forcible alienation of property, ie deprivation of the owner of the right to ownership of individually identified property in private or communal ownership and which becomes the property of the state for use under martial law or state of emergency subject to prior or subsequent full reimbursement;
–confiscation of property, ie deprivation of state-owned enterprises, state economic associations of the right of economic management or operational management of individually determined state property for the purpose of its transfer for the needs of the state under martial law or state of emergency.
It is important that an act is drawn up on the forced alienation or confiscation of property.
It is determined that in the modern legal literature there is no clear scientific study that would address the issue of property rights in martial law. Therefore, it is necessary to more clearly analyze the provisions of the legislation of Ukraine on property relations that exist under martial law.
According to the results of the study, it was concluded that in martial law only the procedure of forced alienation of private property and communal property with subsequent compensation of value can be applied, and seizure occurs exclusively at the expense of state property and without reimbursement of such property.
The decision to forcibly expropriate property may be taken only by the military command in agreement with the local self-government body, depending on the conduct of hostilities in the territory.
It should be noted that the police, the Territorial Defense Forces, and individual servicemen cannot forcibly confiscate the private property of citizens without a proper decision of the Military Command and without proper documentation.
Legal regulation and specifics of remote work appliance in conditions of martial law
Authors: Melnychuk O. , Melnychuk M. , Pavlichenko I. 
Published: June 2022

The article reveals the legal regulation and specifics of the use of remote work in martial law. Defining the role of remote work in these emergency conditions, its special meaning for the preservation of labor relations and the organization of relative work safety.
The proper legal regulation of the institute of remote work at the level of the Labor Code and other legislative acts of Ukraine, which ensures the legal definition of remote work, the procedure and conditions of its application, requirements for the form and content of the employment contract and more. It is noted that the presence of a standard form of employment contract for remote work indicates that the parties have no right to deviate from the content of the employment contract, but may specify its terms.
Peculiarities of remote work are determined according to the following criteria: procedure of application, workplace, restrictions in application, mode of operation, provision of means of production, equipment, software and hardware, working hours, guarantee of rest time.
The influence of the legal regime of martial law on the introduction of temporary changes in the organization of labor relations, which affected the order of introduction of remote work, is substantiated. First of all, it concerns the possibility of its application by order (order) of the employer, without concluding a written employment contract and without notifying the employee of changes in significant working conditions, as required by law in peacetime.
The transformation of the legal regulation of working hours and rest time of the employee is indicated: the procedure for setting the start and end time of work has been changed, now this right belongs to the employer; increased normal and reduced working hours of employees; the duration of annual paid leave is limited to 24 calendar days and the provision of certain types of leave to employees involved in critical infrastructure; the application of the norms of certain articles of the Labor Code, which regulate working hours and rest time, has been stopped.
Personnel policy of the national police of Ukraine in war
Authors: Drok I. 
Published: June 2022

The scientific article was written in order to determine the peculiarities of the personnel policy of the National Police in wartime on the basis of the study of modern legal acts and the practice of their implementation.
The author emphasizes that the state personnel policy is a component of the state policy, and the personnel policy in the National Police is a component of the state personnel policy of Ukraine. The policy of its bodies (in particular the Ministry of Internal Affairs of Ukraine) depends on the general political course in the state, which further form the principles of its state personnel policy.
Emphasis is placed on the fact that taking into account the operational situation, available information, political, economic, social conditions, geographical location, other circumstances, special plans are developed, according to which the deployment of personnel and logistics of bodies and units of the National Police.
The level of training of the National Police personnel is an integral part of the National Police personnel characteristics. The paper proposes a change in the forms and methods of training for police officers.
The current legislation of Ukraine is analyzed, as well as two bills: “About Amendments to the Laws of Ukraine “About the National Police” and “About the Disciplinary Statute of the National Police of Ukraine” to optimize police activities, including during martial law” from 13.03.2022 № 7147 and “About Amendments to the Disciplinary Statute of the National Police of Ukraine on Assignment of Special Police Ranks during Martial Law” of 20.03.2022 № 7184, which directly establish the principles of personnel policy in the National Police during the war.
The general properties to which the personnel policy of the National Police in the conditions of war should correspond are offered. The author includes: strategic nature, complexity, professionalism of personnel, specialization of personnel, continuity, coordination.
It is concluded that, despite more than a month of Ukraine in a state of war, the personnel policy of the National Police in such conditions is still in its infancy, and its general principles are still being formed.
Application of the principle of legal significance when considering administrative cases
Authors: Shcherbanyuk O. , Bzova L. 
Published: June 2022

The principle is the starting point for the analysis, interpretation and application of any system. The principle is substantiated by the fact that in the administrative sphere it is common to change the interpretation of certain legal norms with a corresponding change of orientation, which has a normative character, affecting situations that are already recognized and enshrined in force. The increasing proclamation of the principle of legal certainty, which is becoming more and more widespread, sometimes creates exaggerations, sometimes unjustified risks, which imposes its delimitation in accordance with the current legal order. Thus, through dogmatic analysis, it is proposed to classify the content of the principle of legal certainty into two conceptual cores, namely: certainty and stability. In this aspect, the validity of legal norms, effective projection and content of legal norms is considered, while the institutions of acquired law, perfect legal act and res judicata, the subprinciple of protection of legitimate expectations with their respective manifestations are studied under the prism of stability.
The principle of legal certainty, also known as the principle of legitimate expectations (protection of trust), is one of the basic sub-principles of the rule of law, which is one of the most important principles of common law. The principle of legal certainty or stability of legal relations prevents unjustified deconstitution of legal acts or situations, even if at the time of its constitution there was a discrepancy with the legal text. Thus, the importance of legal certainty is aimed at protecting the expectations of citizens, ie the public manager must use past practices and precedents of public administration, which made possible and created expectations of citizens. The principle of legal certainty presupposes the existence of a coherent mechanism capable of ensuring the rule of law and serving as a standard for legislation and the judiciary. In a broad sense, the principle of legal certainty is a set of requirements for the organization and functioning of the legal system in order to ensure primarily a stable legal position of the individual by improving the processes of lawmaking and law enforcement.
Methodology of research of legal obligation of adult children to take care of their disabled parents and the mechanism of its implementation
Authors: Malyshko S. 
Published: June 2022

This article, based on the existing approaches to the interpretation of the category of methodology in modern legal science, identifies the appropriate theoretical tools for scientific research of the legal obligation of adult children to care for their disabled parents and the mechanism of its implementation.
It is established that despite the rather long doctrinal search for the essence of the research methodology on the structure of the methodology, scientific discussions are still taking place. It is determined that the most optimal is the following structure of the methodology of scientific research: epistemological principles of knowledge, which are the fundamental ideas on which scientific research is based; scientific theories, which are a system of logically interconnected reasonable statements about the socio-legal phenomenon; method-ological approaches that determine the overall strategy of the study and its specific perspective; methods, which are a set of techniques and methods of cognition of any phenomenon of legal reality.
Based on the scientific research, it was concluded that the methodology for studying the legal obligation of adult children to care for their disabled parents and the mechanism of its implementation are: a) the principles of comprehensiveness, completeness, objectivity, historicism; b) the theory of legal obligations, constitutional human responsibilities, the mechanism of realization of legal obligations; 3) dialectical, systemic, complex, axiological methodological approaches; 4) general scientific methods of analysis and synthesis, induction and deduction, structural-functional method and special-scientific research methods, namely: technical-dogmatic, comparative, comparative, legal modeling. It is emphasized that the key role in the study ofthe legal obligation of adult children to care for their disabled parents and the mechanism of its implementation is played by methods of scientific research.
Social function of the state and social entrepreneurship: aspects of correlation
Authors: Mikhaylina T. , Mozhovaya N. 
Published: June 2022

The aim of the study is to analyze the correlation between the social function of the state and social entrepreneurship, as well as to identify the problems of implementing the concept of social entrepreneurship in Ukraine, resulting from the shortcomings of the implementation of the social function of the state.
The research focuses on the fact that only the effective implementation of the state’s social function leads to the formation of this state as a social one. At the same time, the institute of social entrepreneurship is considered as one of the most effective tools for implementing the social function of the state.
Attention is focused on the fact that the implementation of the concept of social entrepreneurship is carried out within the social function of the state and solves a set of problems of a private and public nature, in particular, access to financial resources of persons who have a corresponding idea aimed at solving the social needs of society, but do not have sufficient resources for its implementation. It is concluded that social entrepreneurship also correlates with the functions of law, primarily the economic function and the function of public consent.
The distinction between charity and social entrepreneurship in the aspect of the functions of the state and law is made. Common features are that both institutions are aimed at solving the problems of society and individuals, reducing social tension, and therefore are implemented within the social function of the state and the function of public consent of law. But the institution of social entrepreneurship is also implemented within the framework of the economic function of the state and law, therefore, it is aimed, in addition to social goals, at the development of the economic system of society.
The study identifies a number of problems that hinder the development of social entrepreneurship in Ukraine, including problems of access to sources of additional financing, their non-transparent distribution, abuse of business entities themselves, insufficient state support, and so on. As can be seen, such problems stem not only from the point flaws of the economic system of society, but from the distorted implementation of the social function of the state as a whole. In the future, this affects the effectiveness of the functions of law, which are directly related to the social function of the state.