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Tahiiev, A. S..
    Minority within a Minority: Shia Community in Ukraine [Текст] / A. S. Tahiiev // International Journal of Islamic Thought. - 2021. - Vol. 19. - P. 14-20
   Перевод заглавия: Меншина в меншині: громада шиїтів в Україні

УДК

323.1

341.234

342.724

РУБ DOI: 10.24035/ijit.19.2021.191

Аннотация: Ukraine is one of the largest countries in Europe and there is a significant Muslim minority here, among which there are several Shia communities. Aspects of the life and activities of the Shia community in Ukraine are almost unexplored. Although at the same time a number of studies were devoted to the Shiite minorities of Western European countries, therefore in this paper, we examined the characteristics of the life of the Shia community in Ukraine and compared it with the characteristics of the Shia communities in Western Europe. Special attention was paid to the peculiarities of the mentality of the indigenous Shiites, represented by Azerbaijanis. The features of the institutionalization of the Shia communities of Ukraine, the features of conducting divine services and mourning events of Ashura were considered. After analyzing the above problems, we came to the conclusion that the Shiites of Ukraine are more passive, so we tried to identify the reasons for such passivity, among which the most important are the Soviet "atheistic" past; cultural, national and linguistic diversity of representatives of the Shiite minority of Ukraine, which prevents larger gatherings of Shiites from being held. We consider the article as a basis for further research in this region, therefore, the purpose of the study was to highlight all possible problematic aspects of the life of Shiite minorities in Ukraine.

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Teremetskyi, V. .
    Combatting Disinformation And Cyber Threats In The European Union And United States: Lessons For Ukraine [Текст] / V. Teremetskyi, K. Tokarieva, I. Dziuba, N. Shelukhin, O. Predmestnikov, U. Parpan // Journal of Legal, Ethical and Regulatory Issues. - 2021. - Vol. 24, Spec. Iss. 1. - P. 1-10
   Перевод заглавия: Боротьба з дезінформацією та кіберзагрозами в Європейському Союзі та США: уроки для України

УДК

323.2:007

Аннотация: The article analyzes the main means of counteracting misinformation, disinformation and cyber threats used by the European and international communities. It is determined that the main challenges of our time, which exacerbate the problem of disinformation, are Russia's information policy and the COVID-19 pandemic. The main institutions and regulations of Europe, which are aimed at overcoming the spread of false information in the media, are analyzed. The experience of France is mentioned, which created a powerful legal mechanism to prevent misinformation and combat its manifestations. The current state of US information security and the effectiveness of the US policy of combating disinformation are described. Special attention is paid to the issues of media and cyber education of the population. The latest trends in the institutionalization of countering misinformation and disinformation in Ukraine and ways to improve the strengthening of information security in the country are studied. It is established that Ukraine, as a direct participant in the information war, is obliged to support and involve at the national level European initiatives to strengthen information security and cyber security. The first steps include updating the legislation on information, increasing the role of information security in national security acts, approving the Strategy for Counteracting Disinformation and the Strategy for Ensuring Information Security, and institutionalizing the fight against misinformation and disinformation.

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Karnaukh, B. .
    Territorial Tort Exception? The Ukrainian Supreme Court Held that the Russian Federation Could Not Plead Immunity with regard to Tort Claims Brought by the Victims of the Russia-Ukraine War [Текст] = Територіальний деліктний виняток? Український Верховний Суд ухвалив, що Російська Федерація не може посилатися на імунітет щодо позовів, які пред’являються жертвами російсько-української війни : Access to Justice Amid War in Ukraine Gateway / B. Karnaukh // Access to Justice in Eastern Europe. - 2022. - Vol. 5, Iss. 3. - P. 165-177 . - Early Access / Ранній доступ: JUL 2022

УДК	327.88(477+571)

РУБ DOI 10.33327/AJEE-18-5.2-n000321

Аннотация: Background. The jurisdictional immunity of a state means that the state cannot be involved as a defendant in a case considered by a foreign court. In Ukraine, the rule on the jurisdictional immunity of a foreign state is enshrined in Art. 79 of the Law of Ukraine ‘On Private International Law’. Until 14 April 2022, the Ukrainian Supreme Court rigidly applied the provisions of the said article and recognised the Russian Federation’s immunity with regard to claims brought by Ukrainian citizens seeking compensation for harm caused by the armed conflict that commenced in 2014. Yet shortly after 24 February 2022, when Russia’s aggression against Ukraine entered a new phase, i.e., the phase of full-scale war, the Supreme Court changed its mind. Methods. This note addresses the ruling of the Ukrainian Supreme Court of 14 April 2022 in case no. 308/9708/19, where the Court held that the Russian Federation could not plead immunity with regard to tort claims brought by the victims of the Russia-Ukraine war. In reaching this conclusion, the Court relied on the territorial tort exception enshrined in the European Convention on State Immunity (Basel, 16 May 1972) and the UN Convention on Jurisdictional Immunities of States and Their Property. Though neither of the two conventions has been ratified by either Ukraine or the Russian Federation, the Court found that these conventions indicate a general tendency in international customary law towards limiting the jurisdictional immunity of the states. T he reasoning of the Supreme Court is examined by scrutinising the authorities the Court adduced in support of its ruling, as well as by putting the ruling in the broader context of the jurisprudence of the International Court of Justice (ICJ) and European Court of Human Rights (ECtHR). Results and Conclusions. It is concluded that what the Supreme Court utilised is not the territorial tort exception but rather the ‘human rights/jus cogens’ exception. Further, the case before the Ukrainian Supreme Court is distinguishable from the ICJ and the ECtHR cases, where it was held that notwithstanding gross violations of human rights, the respondent state should nevertheless enjoy immunity. Unlike those cases, the Ukrainian case was tried amid the ongoing war, when no reparation agreements had been concluded, the legitimate aim of ‘promoting comity and good relations between states’ had been frustrated, and it was no longer possible to justify the restriction of the plaintiff’s right of access to a fair trial.

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Mykhailichenko, T. .
    Protection of the right to health during the period of armed conflict: the experience of Ukraine [Текст] / T. Mykhailichenko, Y. Zabuha, V. Babanina, M. Syiploki // Access to justice in Eastern Europe. - 2022. - Vol. 5, Iss. 4-2 (17), Spec. Iss. : Access to Justice in Ukraine amid War. - P. 66-81. - References : p. 81. - У статті для автора Забуги Ю. Ю. зазначена інша організація . - Early Access / Ранній доступ: Nov 2022
   Перевод заглавия: Захист права на здоров'я в період збройного конфлікту: досвід України

УДК

327.88(470+571):477)

343.211.3

РУБ DOI: 10.33327/AJEE-18-5.4-a000434

Аннотация: This article deals with the protection of the right of the civilian population and medical workers to health. The issue of rights violations arises in connection with the armed conflict between the Russian Federation and Ukraine, which has been ongoing since 2014. On 24 February 2022, its second phase began, which has been characterised by a large-scale offensive by the Russian army. The hostilities are still ongoing, and some areas are temporarily occupied.The aim of the present paper is to reveal the essence of the main international legal, and national means of protecting the right to health in a period of armed conflict.Methods. A combination of general scientific and special scientific approaches was used, as well as a number of methods, namely: dialectical, comparative, analytical, synthetic, and complex methods and the method of generalisation.The results of the study have proved that the existing system of regulatory and institutional means of protection of human rights to health, both at the international and national level, is not able to do this successfully.Conclusions. The right to health in the current period of the armed conflict is limited legally and forcibly for those who stay in the rear by the state on whose territory the armed conflict continues. It is illegal when one of the parties to the conflict violates IHL norms. Despite the normative means of ensuring and protecting the right to health and a wide range of institutional protections established by the parties to the armed conflict - Ukraine and the Russian Federation - the existing system is unable to protect the right of civilians to health. First of all, this is due to the Russian Federations' violation of the established IHL rules. At the same time, the lack of a quick and effective protection mechanism leads to the fact that civilians, and sometimes medical workers, increasingly feel defenceless against aggressors. Therefore, it seems that the world community should review the existing approaches and establish more effective means of protecting human rights, including the right to health.

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Mekh, Y. .
    Features of the Segmental Formation of Ukrainian Politics Under Martial Law [Текст] / Y. Mekh, A. Slavytska, N. Bilak, Y. Maslova, I. Georgiievskyi // Review of Economics and Finance. - 2023. - Vol. 21, Iss. 1. - P. 286-294
   Перевод заглавия: Особливості сегментарного формування української політики в умовах воєнного стану

УДК	32“36”(477)

РУБ DOI: 10.55365/1923.x2023.21.27

Аннотация: The purpose of the study is to determine the format of the state policy of Ukraine in certain segments, considering the challenges of the legal regime of martial law by solving such research tasks as: defining measures of the legal regime of martial law and their praxeological significance for the formation of State Policy; Research Directions for reforming anti- corruption policy and their regulatory and institutional support; research on the state of policy transformation to ensure the rights of persons in places of deprivation of Liberty. The subject of the research is the priority vectors for certain segments of state policy, which are mediated by the action of the legal regime of martial law in Ukraine. The quality of implementation and provision of the declared ideas of national security will be reflected in all spheres of public relations, so it is important not to form, but to implement a policy in the field of national security. It is primarily important to formally reflect it in the approved anti-corruption strategy for the relevant period without reservations about the introduction of martial law in the state for the formation of an anti-corruption policy. As for the tightening of anti-corruption measures, in fact, the introduction of martial law has led to the imposition of tougher sanctions. It is established that in the conditions of the legal regime of martial law, among the rights of persons in places of deprivation of Liberty, a prominent place is given to ensuring the right to evacuation. The article analyzes the institutional mechanism and legal basis for the evacuation of persons in places of deprivation of Liberty.

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Filatova-Bilous, N. .
    Content moderation in times of war: testing state and self-regulation, contract and human rights law in search of optimal solutions [Електронний ресурс] / N. Filatova-Bilous // International Journal of Law and Information Technology. - 2023. - Vol. 31, Iss. 1. - P. 46-74
   Перевод заглавия: Модерація контенту під час війни: тестування державного та саморегулювання, договірного та правового права в пошуках оптимальних рішень

УДК

341.215.4

343.41

342.78

327.88(470+571):477)

РУБ DOI: 10.1093/ijlit/eaad015

Аннотация: The full-scale invasion of Ukraine and crimes against humanity accompanying it have been fuelled by the mass spread of fakes and hatred incitements, forcing the largest online platforms to review and strengthen their content moderation policies. However, the approaches taken by platforms have not been perfect, and some of them could even exacerbate the situation. All in all, this is another evidence of the need to develop mechanisms being able to cope with the challenges to online speech and safety caused by dramatic social events. Basic approaches to address content moderation issues developed by now are self-(co-) and state regulation, on the one hand, and contract and human rights law, on the other. However, neither of them taken separately can ensure the needed level of protection of human rights online. Thus, in this article the ways to combine and improve these approaches are proposed. On the one hand, there is a need to dwell on private law mechanisms allowing to ensure the protection of human rights by virtue of judgements in private disputes. On the other hand, state regulation should be improved by international instruments allowing to provide for a uniform approach to regulation at a global scale.

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Clark, E. A..
    The Orthodox identification of militants is an element of their understanding of the Russkiy mir [Текст] / E. A. Clark, D. Vovk, I. Kozlovsky // Religion During the Russian Ukrainian Conflict / editor: E. A. Clark, D. Vovk. - London : Taylor and Francis, 2019. - P. 213-218. - (Book Series: Routledge Religion Society and Government in Eastern Europe and the Former Soviet States). - [в Web of Science Core Collection: ред. зазначені як автори; рік вид. 2020] . - [2020 р. для друкованого видання - у Web of Science Core Collection]. - ISBN 9780429288463
   Перевод заглавия: Православне ототожнення бойовиків є елементом їхнього розуміння Руського світу

УДК

323.28

Аннотация: Dr. Ihor Kozlovsky is a senior researcher at the Hrihoriy Skovoroda Institute of Philosophy of the Ukrainian National Academy of Science in Kyiv. On May 16 in Sloviansk, separatists kidnapped Pentecostal Bishop Olexiy Demydovych and detained him for seven hours. They broke into the property of the Good News Pentacostal church, where Bishop Demydovych served as a senior pastor, several times and used the building for a sniper’s nest. In August 2014, Donetsk People’s Republic (DPR) authorities prohibited these public prayers and threatened executions, so the Marathon went underground. At the end of 2014, DPR police identified the Marathon’s secret meeting place, forced participants to disperse, and arrested 15 of the Marathon organizers, including myself, at different times. During detention all of them were tortured. The biggest church of the region, the Ukrainian Orthodox Church of the Moscow Patriarchate, did not participate in either the Marathon or the other joint initiatives. DPR authorities recognize this church as the main religion of the Republic.

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