Національний юридичний університет імені Ярослава Мудрого ⚖ Головна ⓘ Довiдка
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1.
Demura, M.
    Using artificial intelligence algorithms in the field of criminal judiciary: international experience and domestic prospects [Текст] / M. Demura, D. Klepka // Science And Innovation. - 2021. - Vol. 17, Iss. 5. - P. 95-102
   Перевод заглавия: Використання алгоритмів штучного інтелекту у сфері кримінального судової судовства: міжнародний досвід та внутрішні перспективи
УДК
РУБ DOI: 10.31207/ih.v10i2.291

Аннотация: Introduction. The world has been currently experiencing a new technological revolution, the key element of which is the transmission, processing, and use of information. One of the directions of this revolution is the development and application of artificial intelligence (AI) science in various fields. Problem Statement. International experience in the use of artificial intelligence algorithms in the field of criminal justice and national prospects for its use. Purpose. The purpose is to study the international experience in the use of AI algorithms in the field of criminal justice and to identify possible directions for the introduction of such technologies in the domestic criminal process. Materials and Methods. The methodological framework is the dialectical, systemic, logical methods, as well as the law comparison method. Results. The analysis of national and foreign criminal procedural legislation, as well as the practice of using AI in the field of criminal procedure has shown the possibilities of using AI algorithms in the field of criminal justice. It has been proved that, given the international experience, the introduction of AI algorithms in criminal proceedings in Ukraine is not only a promising, but in some cases, a necessary tool to ensure the rights and legitimate interests of participators in criminal proceedings. At the same time, the most important issue is the observance of individual rights when using AI algorithms, as well as ensuring a fair trial so that everyone who has committed a criminal offense is brought to justice, no innocent person has been accused or convicted, no person has been subjected to unreasonable procedural coercion, and that proper legal procedure is applied to each participator in the criminal proceedings. Conclusions. The use of AI may significantly reduce the burden on pre-trial investigation bodies, prosecutor's office, and judicial system in general. In addition to proper technical support for the use of AI algorithms in criminal proceedings in Ukraine, it is also necessary to introduce adequate and high-quality regulations for the use of such technologies in criminal proceedings.

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2.
Tatsyi, V.
    Semantic network of knowledge in science of law [Текст] / V. Tatsyi, A. Getman, S. Ivanov // Proceedings of the IASTED International Conference on Automation, Control, and Information Technology - Information and Communication Technology, ACIT-ICT 2010 : International Conference on Automation, Control, and Information Technology, held June 15 - 18, 2010 in Novosibirsk, Russia : ACTA Press, 2010. - P. 218-222
   Перевод заглавия: Семантическая сеть знаний в сфере правовой науки
ББК Х062
РУБ DOI: 10.2316/P.2010.691-076

Аннотация: The manuscript deals with the task of creating a semantic network of knowledge for lawyers. The network takes into account the peculiarities of legal information: low degree of structure development; textual character; a substantial volume; usage of synonyms; descriptive nature and location in different sources. The structure of the knowledge database realizing ontology represented of legal information has been developed. The legal knowledge database is presented by notion system with a random set of connections. The work concerns the developed software package JURONT and methods of its usage. The software package consists of 4 products, ensuring all the regimes of this systems functioning. The tasks that can be solved on the legal knowledge database in this software package have been formulated. These materials will be applied in Yaroslav the Wise National Law Academy of Ukraine (Kharkiv, Ukraine) as a knowledge–oriented consultative system of students individual studying in speciality “Law” and checking their knowledge.

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3.
Yaroshenko, O. M..
    The impact of COVID-19 on labour and social security relations: Rule-making experience of Belarus and Ukraine [Текст] = Вплив COVID-19 на трудові і соціально-забезпечувальні відносини: нормотворчий досвід Білорусі та України / O. M. Yaroshenko, K. L. Tomashevski // Journal of the National Academy of Legal Sciences of Ukraine. - 2021. - Vol. 28, Iss. 2. - P. 211-221
УДК
РУБ DOI:10.37635/jnalsu.28(2).2021.211-221

Аннотация: The article presents a brief analysis of the situation in Belarus and Ukraine with the spread of coronavirus COVID-19 and measures taken by employers to optimise labour and social security relations during 2020. A brief overview of the decisions taken by Presidents, Parliaments, Governments and Ministry of Healthcare of both countries aimed at containment of coronavirus infection is presented. The latest changes in the Labour Code of Belarus and Labour Code of Ukraine, which regulated remote work since 2020, were touched upon. Attention is paid to the concept of self-isolation under the legislation of Belarus and Ukraine, restrictive measures that must be observed when self-isolating citizens in connection with COVID-19 infection, as well as level 1st and 2nd contacts. The authors analyse the new legislative provisions governing home and remote work, introduced into the labour legislation in Belarus in 2020, in Ukraine in 2020 and 2021. The article presents the specific experience of Belarus, where the presidential decree extended the rights of employers to temporarily transfer employees without their consent, as well as to change essential working conditions, and without making changes to the Labour Code. The authors give an assessment of such legislative innovations. The article deals with some issues of social support for employees who find themselves in a situation of downtime due to the suspension of the activities of organisations that are idle, as well as self-isolation. At the end of the article, some suggestions and recommendations are made for further adaptation of labour and social security legislation in Belarus and Ukraine in the context of the COVID-19 pandemic.

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4.
Borysova, V. I..
    Standard of proof in common law: Mathematical explication and probative value of statistical data [Text] = Стандарт доказування в загальному праві: математичне обґрунтування і доказове значення статистичних даних / Borysova V. I., B. P. Karnaukh // Journal of the National Academy of Legal Sciences of Ukraine. - 2021. - Vol. 28, Iss. 2. - p. 171-180
ББК Х623
РУБ DOI 10.37635/jnalsu.28(2).2021.171-180

Аннотация: As a result of recent amendments to the procedural legislation of Ukraine, one may observe a tendency in judicial practice to differentiate the standards of proof depending on the type of litigation. Thus, in commercial litigation the so-called standard of “probability of evidence” applies, while in criminal proceedings – “beyond a reasonable doubt” standard applies. The purpose of this study was to find the rational justification for the differentiation of the standards of proof applied in civil (commercial) and criminal cases and to explain how the same fact is considered proven for the purposes of civil lawsuit and not proven for the purposes of criminal charge. The study is based on the methodology of Bayesian decision theory. The paper demonstrated how the principles of Bayesian decision theory can be applied to judicial fact-finding. According to Bayesian theory, the standard of proof applied depends on the ratio of the false positive error disutility to false negative error disutility. Since both types of error have the same disutility in a civil litigation, the threshold value of conviction is 50+ percent. In a criminal case, on the other hand, the disutility of false positive error considerably exceeds the disutility of the false negative one, and therefore the threshold value of conviction shall be much higher, amounting to 90 percent. Bayesian decision theory is premised on probabilistic assessments. And since the concept of probability has many meanings, the results of the application of Bayesian theory to judicial fact-finding can be interpreted in a variety of ways. When dealing with statistical evidence, it is crucial to distinguish between subjective and objective probability. Statistics indicate objective probability, while the standard of proof refers to subjective probability. Yet, in some cases, especially when statistical data is the only available evidence, the subjective probability may be roughly equivalent to the objective probability. In such cases, statistics cannot be ignored.

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5.
Zhuravel, V. A..
    Reliability evaluation of a forensic expert's opinion: World practices and ukrainian realities [Текст] = Оцінка достовірності висновку судового експерта: світові практики та українські реалії / V. A. Zhuravel, V. E. Konovalova, G. K. Avdeyeva // Journal of the National Academy of Legal Sciences of Ukraine. - 2021. - Vol. 28, Iss. 2. - P. 252-261
УДК
РУБ DOI:10.37635/jnalsu.28(2).2021.252-261

Аннотация: Improving the activities of pre-trial investigation and judicial review largely depends on the increased use of special knowledge in forensic investigative practice and, above all, the involvement of an expert and their analysis. The relevance of the subject matter is explained by the need to introduce new forms and approaches to evaluating the reliability of expert opinions, in particular with the involvement of independent specialists of the corresponding speciality. The purpose of this study was to provide arguments regarding the expediency of attracting knowledgeable persons as reviewers to evaluate the objectivity and completeness of forensic analysis, the correctness of the methods and techniques applied by the expert, and the validity of the opinion. To achieve this purpose, the following general scientific and special research methods were used: Aristotelian, comparative legal, functional, sociological, statistical, system and formal legal analysis, legal modelling, and forecasting. It was established that in the vast majority of countries of the world, except Ukraine, an independent, knowledgeable person with special knowledge in the corresponding field is involved to help evaluate the reliability of an expert opinion. It was proved that contacting knowledgeable persons to evaluate the objectivity, validity, completeness of expert research helps establish the causality between the identified features of the object of analysis and the fact that is subject to establishment, and also gives grounds for determining the affiliation, admissibility, reliability, and sufficiency of the expert opinion. At the same time, a specialist's review cannot serve as a source of evidence, but only has an auxiliary (advisory, technical) nature and can serve as a basis for appointing a second (additional) forensic analysis or a cross-examination of the expert and the reviewer. To exercise the rights of individuals to fair justice, it is proposed to introduce this procedure for evaluating the reliability of expert opinions in Ukraine, with the necessary changes in the current procedural legislation of Ukraine to provide an opportunity for participants in criminal proceedings and the victim to attract knowledgeable persons as reviewers of expert opinions.

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6.
Karpachova, N. I..
    Modern challenges to international security and protection of human rights (international and ukrainian context) [Текст] = Сучасні виклики міжнародній безпеці та захисту прав людини (міжнародний та український контекст) / N. I. Karpachova // Journal of the National Academy of Legal Sciences of Ukraine. - 2021. - Vol. 28, Iss. 2. - P. 25-33
УДК
РУБ DOI:10.37635/jnalsu.28(2).2021.25-33

Аннотация: At the moment, two mechanisms for protecting human rights can be distinguished in Ukraine: an appeal to the European Court of Human Rights at the international level and an appeal to the Commissioner for Human Rights at the national level. Therewith, the activity of the ombudsman constitutes the state’s performance of its obligations at the international level to ensure the national mechanism for the protection of human rights. In Ukraine, the Ombudsman acts according to the model of the classic parliamentary Commissioner for Human Rights. In addition, along with the parliamentary Commissioner for Human Rights, which has a constitutional status, there are government commissioners (“quasi-ombudsmen”) in Ukraine, whose activities do not have a special status and can be terminated at the will of the government at any time. Considering the above, the purpose of this study lies in a comprehensive analysis of modern challenges to international security and the impact of these factors on the observance of human rights in Ukraine (using the methods of both international law and classical legal methodology), as well as studying the role of the ombudsman in this process. The analysis allowed to conclude that the causes of human rights violations lie not only in the country’s problems, but are also the consequences of global processes. A huge challenge to the rights and freedoms in Ukraine is the intensifying poverty of the population, which in itself is a violation of human rights and allows to exercise all other rights. Furthermore, the hostilities in the Donbas region led to gross, massive, and systematic violations of human rights: residents of the front-line territories were faced with two challenges at once – the danger that arises due to the impossibility of ensuring security in the immediate vicinity of the war zone and the increasing risks of poverty.

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7.
Hetman, Y. A..
    Implementation practice of electronic administrative services in Ukraine [Text] = Практика впровадження електронних адміністративних послуг в Україні / Y. A. Hetman, V. S. Politanskyі, I. V. Semenikhin // Journal of the National Academy of Legal Sciences of Ukraine. - 2021. - Vol. 28, Iss. 2. - p. 93-104
ББК Х621.03
РУБ DOI 10.37635/jnalsu.28(2).2021.93-104

Аннотация: One of the factors for the development of civil society in Ukraine is an effective, well-functioning institution for providing administrative electronic services. Despite the intensity and wide scope of research covering various aspects of providing electronic administrative services to the population, many issues in this area remain quite debatable, as well as understudied, which conditioned the relevance of the study. The study is aimed at studying the organisational and procedural aspects of providing electronic administrative services in Ukraine. Authors of this study clarified the significance of some fundamental concepts of this issue. The author's approach to defining the concept of electronic administrative services was formulated based on a personal interpretation of this concept from the standpoint of general theoretical analysis. Administrative mechanisms for implementing electronic public services were analysed. The study investigated the features of classification of electronic administrative services by types of electronic representation, by field of activity, by form of ownership, by consumers, by place of receipt from the standpoint of the client and from the standpoint of involvement in the electronic service. This study is the first to analyse the regulatory framework of Ukraine on the provision of electronic administrative services in stages and chronologically. Authors studied and compared the features of the procedure for rendering electronic administrative services using the Unified State Portal of Administrative Services, the iGov portal of state electronic services and the Ukrainian online service of public services – Diia. The study covered the procedure for the operation of administrative service centres in Ukraine. It was concluded that the first step of Ukraine towards creating its information society through the introduction of e-governance should be the establishment of a market for administrative and information electronic services.

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8.
Lukyanov, D. V..
    Prospects for recodification of private international law in ukraine: Do conflict-of-laws rules require a new haven? [Text] = Перспективи рекодифікації міжнародного приватного права в Україні: чи потребують колізійні норми нового прихистку? / D. V. Lukyanov, T. Hoffmann, I. A. Shumilo // Journal of the National Academy of Legal Sciences of Ukraine. - 2021. - Vol. 28, Iss. 2. - p. 198-210
ББК Х93
РУБ DOI 10.37635/jnalsu.28(2).2021.198-210

Аннотация: The purpose of the study was to investigate the areas of modernisation of legislation governing private relations of a cross-border nature, proposed by the authors of the draft concept of updating (recodification) of the Civil Code of Ukraine (the CCU), and generalise foreign and international legal experience in developing acts of codification of private international law. The authors of the study considered private international law as a most dynamically developing branch due to the constant expansion of cross-border relations and requirements for constant updating and adaptation to the requirements of international civil turnover. The paper analysed the general factors and prerequisites for the recodification of private international law, comprehensively examined the expediency of abandoning autonomous codification and transferring conflict-of-law rules to the CCU. The study focused on current European experience and assessment of the impact of EU regulations on the national codifications of private international law of member states and third countries. To assess the idea of restoring the status of the CCU as a core act governing all public relations with private law content, the authors of the study addressed the negative consequences of interbranch codification of private international law in a number of post-Soviet countries. The paper proved that European states are dominated by the tendency to adopt consolidated acts of codification in this area and recognise the priority of unified international legal acts governing certain types of cross-border private relations. Based on the analysis, it is justified to conclude that the world has currently accumulated considerable experience in law-making in the area of private international law and the most effective is a comprehensive autonomous codification of conflict-of-laws rules, which is based on the priority of unified international acts and the widespread use of direct references to international agreements. While agreeing in general with the proposed changes regarding the content update of conflict-of-laws regulation, the authors emphasised the need to improve and develop conceptual approaches.

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9.
Maryniv, V. I..
    Criminal and criminal proceeding protection of intellectual property rights [Text] / V. I. Maryniv, M. I. Demura // Science and Innovation. - 2021. - Vol. 17, Iss. 2. - p. 84-93
   Перевод заглавия: Кримінальний та кримінально-процесуальний захист прав інтелектуальної власності
ББК Х629.3
РУБ DOI 10.15407/scine17.02.084

Аннотация: Introduction. The right to the protection of intellectual property arises from its owner at the moment of breach or contestation of his rights and interests protected by law and is realized within the framework of civil, criminal, and administrative legal relations. Problem Statement. While exercising the right to protect intellectual property in the field of criminal law and criminal proceedings, there arises the problem of guaranteeing individual rights. Purpose. The purpose is study the guarantees of individual rights, which are realized in the course of protecting intellectual property rights in criminal proceedings. Materials and methods. The research is based on the legislation of Ukraine and international legal acts; it involves methodological, dialectical, systemic, logical methods, as well as the method of comparative law. Results. Identified guarantees to ensure the rights of the offended party of a criminal offense related to breach of intellectual property rights. Conclusions. Specific guarantees for securing the rights of offended party whose intellectual property rights are infringed include as follows: 1) the offended party is entitle to file a statement of offense, to file a civil lawsuit for damage caused by a criminal offense, to make a conciliation agreement; 2) the exercise by the offended party of his right to file a statement of offense committed against him gives rise to a legal consequence that is the opening of criminal proceedings; 3) investigator/prosecutor shall record the relevant information to the Unified Register of Pre-Trial Investigations, to initiate an investigation; the court shall handle a civil lawsuit, award judgment on it, and perform other responsibilities to secure the offended party's rights; 4) the criminal procedure law establishes responsibility for failure to fulfill obligations related to guaranteeing the rights and legitimate interests of parties of criminal proceedings.

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10.
Loboichenko, V. .
    Investigation of the content of heavy metals in water sources of Kharkiv City, Ukraine [Текст] / V. Loboichenko, K. O. Zakomorna, O. Ilinskyi, N. Leonova, A. Malko, R. Shevchenko // Current Applied Science and Technology. - 2022. - Vol. 22: Iss. 2. - P. 1-14
   Перевод заглавия: Дослідження вмісту важких металів у водних джерелах міста Харкова, Україна
УДК

Аннотация: The negative impact of the anthropogenic factor on water bodies, including those ones located within urban ecosystems is analyzed in this paper. The legislative support of the specific requirements for water quality in different countries is considered. The purpose of the work is to investigate the qualitative and quantitative state of water from individual sources located in an urban ecosystem and determine its suitability for the consumption. The Shatylovskу spring, the Karpovsky spring, the spring near the Nemyshlya river, located within the Kharkіv city (Ukraine), were researched. Heavy metal identification was carried out using X-ray fluorescence analysis. It was found that all samples contained basically the same set of basic elements - strontium, copper, iron and chromium. Individual differences were associated with the presence of different amounts of tungsten, zinc, gallium, selenium, bromine, etc. in all samples. It was found that in the samples, the lead content reached 0.015 mg/dm3 (Karpovsky spring), nickel 0.007 mg/dm3 (Shatylovskу spring), and manganese 0.205 mg/dm3 (the spring near the Nemyshlya river). The copper content ranged from 0.029 to 0.154 mg/dm3, iron from 0.041 to 0.456 mg/dm3, and chromium from 0.015 to 0.065 mg/dm3. The obtained results make it possible to more efficiently manage water resources within the urban systems studied and indicate the need for additional water purification of all natural sources studied before using the water from those sources for drinking purposes.

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11.
Petryshyn, O. V..
    The problem of non-implementation of judgements of the European court of human rights in Ukraine in the context of the rule of law (Methodological and comparanive aspects) [Text] = Проблема невиконання рішень Європейського суду з прав людини в Україні в контексті верховенства права (методологічний та порівняльний аспекти) / O. V. Petryshyn, O. O. Petryshyn, O. S. Hyliaka // Journal of the National Academy of Legal Sciences of Ukraine. - 2021. - Vol. 28, Iss. 2. - p. 17-24
РУБ DOI 10.37635/jnalsu.28(2).2021.17-24

Аннотация: The article is devoted to the problem of non-implementation of the decisions of the ECtHR in Ukraine in the context of the rule of law. The relevance of the subject matter is substantiated by the critical situation regarding Ukraine's compliance with its international obligations. The objective of the study is to develop a set of principles and policies to be implemented in Ukraine to strengthen the rule of law (as a fundamental democratic institute), as an essential factor for ensuring human rights in the context of re-establishing a proper international cooperation with the key European institution in the field of human rights. According to the analysis of the degree of coverage of the issue, the existing papers on the mentioned problem are rather described by point-by-point recommendations aimed at “damage control”, rather than at an in-depth resolution of the situation. The methodological basis of the research consists of the complex of general and special research methods, while philosophical methods were used to ensure the understanding of the essence, characteristics, and features of the phenomena under study. The research resulted in the development of a set of theses that demonstrate the depth of the problem under study that manifests through untimely and inconsistent normative-legal regulation, lack of tangible means of protection of human rights in Ukraine, inappropriate approach to the adoption and execution of international obligations. The authors argue in favour of the need to ensure three key aspects of the implementation of the rule of law – guaranteeing consistency of state policies and actions of officials; the formation of a stable system of administrative management; accountability, and responsibility of decision-makers. The practical relevance of the study is manifested through a set of recommendations, including the creation of a system to assess the effectiveness of reforms in terms of the rule of law; the formation of a mechanism for implementing the responsibility of decision-makers; the revision of procedures for the adoption of legal acts; the need to restart and complete the reform of the justice system, to involve NGOs in the processes of forming such; to create rules of cooperation between the state and the elites.

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12.
Bukhanevych, O. M..
    Foreign experience in constitutional and legal regulation of restrictions on human rights in conditions of emergency and martial law [Текст] = Зарубіжний досвід конституційно-правового регулювання обмеження прав людини в умовах надзвичайного та воєнного станів / O. M. Bukhanevych, S. O. Kuznichenko, A. M. Mernyk // Journal of the National Academy of Legal Sciences of Ukraine. - 2021. - Vol. 28, Iss. 2. - P. 55-65
УДК
РУБ DOI:10.37635/jnalsu.28(2).2021.55-65

Аннотация: The study investigates the foreign experience of constitutional and legal regulation of restrictions on human rights in conditions of emergency and martial law in Macedonia, Armenia, Belarus, Moldova, Georgia, Latvia, Lithuania, Albania, Azerbaijan, which is relevant in modern conditions, based on the presence of local military conflicts, emergencies, or the possibility of their existence in many countries of the world. The purpose of this study was to analyse the text and content of the constitutions of foreign countries to clarify and explain the grounds for restricting human and civil rights and freedoms in conditions of emergency and martial law. To achieve this purpose, the study employed a system of methods of scientific cognition, namely general scientific (analysis, synthesis), particular (comparative, quantitative and qualitative analysis, approximation), as well as special legal (formal legal, comparative legal) methods. The practical value of the study lies in the identification of four prevailing trends in the constitutions of foreign states to the procedure for determining the scope of restrictions on human rights under special regimes: 1) consolidation of an exhaustive list of rights and freedoms in the constitutions, which cannot be restricted during the period of emergency and martial law; 2) consolidation of an exhaustive list of rights and freedoms in the constitution, which can be restricted to protect human rights, the democratic structure of the state, public safety, the well-being of the population and morals; 3) combining the first two options for consolidating restrictions in the text of the constitutions; 4) consolidation of the possibility of limiting the rights and freedoms of the individual in the texts of constitutions by state authorities under special legal regimes in the interests of national security without specifying partiular rights and freedoms that may (or may not) be restricted.

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13.
Shepitko, V. Yu..
    The role of forensic science and forensic examination in international cooperation in the investigation of crimes [Текст] = Роль криміналістики та судової експертизи в міжнародному співробітництві з розcлідування злочинів / V. Yu. Shepitko, M. V. Shepitko // Journal of the National Academy of Legal Sciences of Ukraine. - 2021. - Vol. 28, Iss. 1. - P. 179-186
УДК
РУБ DOI: 10.37635/jnalsu.28(1).2021.179-186

Аннотация: The application of forensic science and expertise is a necessary prerequisite for the investigation of crimes at the local and national level. Without the use of forensic science and expertise, an investigation within the framework of a criminal process becomes dead and unsubstantiated. But with the globalisation of world processes, the development of technologies, the speed of information transmission, the formation of crime outside the borders of one state and its entry into the international level has become an urgent problem, which has become a challenge in countering such crime and the need to steer forensic science and expertise towards assisting law enforcement activities. A special feature of countering the investigation of crimes was the creation of international cooperation between forensic specialists and expert witnesses even prior to the establishment of practical institutions that could counteract them in practice. Therewith, some representatives of such international unions and associations have taken serious steps in creating mechanisms for real counteraction to crimes at the international level (R.A. Reiss, G. Soderman, M.Sh. Bassiuni). Coverage of the problem of international cooperation in the investigation of crimes through the definition of the role of forensic science and expertise allowed focusing on the following blocks: 1) international associations of forensic specialists for combating crime in the historical context; 2) international criminal police organisations in combating crime; 3) international cooperation in the field of conducting forensic examinations; 4) the use of forensic and special knowledge in the activities of the International Criminal Court. Thus, a combination of theory and practice in the fight against crime is demonstrated. Historically, this is associated with the role of forensic science and expertise in recording traces of crimes, analysing them, and forming legal, forensic, and expert witness opinions. The purpose of the study is to establish the decisive role of forensic science and expertise in international cooperation in the investigation of crimes. For this, the authors turned to forensic science and expertise, historical processes that served to create substantial international organisations created to counter international crime.

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14.
Petryshyn, O. V..
    Human rights in the digital age: Challenges, threats and prospects [Текст] = Права людини в цифрову епоху: виклики, загрози та перспективи / O. V. Petryshyn, O. S. Hyliaka // Journal of the National Academy of Legal Sciences of Ukraine. - 2021. - Vol. 28, Iss. 1. - P. 15-23
УДК
РУБ DOI: 10.37635/jnalsu.28(1).2021.15-23

Аннотация: The current stage of development of public relations is described by a rapid increase in digital technologies. Intensive development of science and active technological progress have become the main characteristic features of modern society. This has affected the specific features of people’s lives in society, the exercise of their rights and freedoms, and has become a catalyst for the development of a new category of human rights - “digital” rights. The purpose of the study is to analyse the main threats and challenges facing human rights and freedoms in the context of digitalisation, and to develop proposals on promising ways to protect against these threats. The study conducts a theoretical and legal research of problematic issues of the implementation of human rights in the context of mass digitalisation of public relations, indicates that the era of digital technologies provides completely new and qualitatively different opportunities for their implementation, but at the same time it creates new challenges and threats to ensure these rights and freedoms. It is noted that classical human rights and freedoms are being transformed, filled with new aspects and content, and branched out into those that are related to the digitalisation process. The results of digitalisation of many spheres of life require comprehension and adequate formulation of the legal mechanism for regulating, implementing, protecting the already existing and emerging human rights for the purpose of sustainable socio-economic development, ensuring the implementation and protection of constitutional human and civil rights and freedoms. The study focuses on new rights such as the right to be forgotten, the right to anonymity, the right to protect personal data, the right to digital education and access to digital knowledge; rights related to the protection of genetic information; rights to take part in property turnover in the digital sphere.

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15.
Lukianov, D. V..
    Freedom of expression and islam: Charlie hebdo’s lessons [Текст] = Свобода вираження поглядів та іслам: уроки Charlie Hebdo / D. V. Lukianov, V. M. Steshenko, H. P. Ponomarova // Journal of the National Academy of Legal Sciences of Ukraine. - 2021. - Vol. 28, Iss. 1. - P. 61-70
УДК
РУБ DOI: 10.37635/jnalsu.28(1).2021.61-70

Аннотация: This article studies specifics of Islamic understanding of freedom of expression and significant differences between Islamic and European understanding of that concept. Freedom of expression is recognized in Islam; however, it has significant and deeply-rooted peculiarities. In particular, Islam strictly prohibits imaging Prophet Muhammad, let alone making cartoons of him. For instance, from the perspective of Muslims, imaging Prophet Muhammad as a dog is extremely cynical, since a dog in Islam is an unclean animal inadvisable to contact with. Also, there is long-established perception of humour and its admissibility in Islam. For example, under Islamic law one shall not tell lies or scare another person; one shall not joke with an older person, a teacher, a scientist, a manager, a person who does not understand jokes, an unknown man or woman; a joke shall not be offensive or degrading a man or a family; one shall not joke about prohibited issues, tell dirty stories, disclose intimate details, resort to insults or slander. The article points out that Europeans perceive drawing cartoons of the Prophet as freedom of expression. However, in the eyes of Muslims such cartoons constitute violation of a number of prohibitions existing in Islam and therefore deeply insult their religious and cultural feelings. Such insults may cause religious conflicts with many victims, like the one that happened in the January of 2015 in the office of Charlie Hebdo French satirical weekly newspaper. To prevent similar and even more terrible tragedies in the future and release tension between Europeans and Muslims, primarily in Europe, the article explores the legal framework and conditions for restriction of freedom of expression set out in universal international law, the European Convention on Human Rights and relevant case-law of the ECHR. The set of the general and specific scientific methods of research were used by the authors according to the subject and scope of the study: sociological, statistical, dialectical, formal stylistic, axiological, hermeneutic, systemic, comparative legal method etc.

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16.
Puchkovska, I. Y..
    Effectiveness of the consumer protection system upon purchasing goods in online stores [Текст] = Ефективність системи захисту прав споживачів при купівлі товарів в інтернет-магазинах / I. Y. Puchkovska, O. O. Biliaiev, V. P. Yanyshen, H. O. Urazova // Journal of the National Academy of Legal Sciences of Ukraine. - 2021. - Vol. 28, Iss. 1. - P. 137-146
УДК
РУБ DOI: 10.37635/jnalsu.28(1).2021.137-146

Аннотация: Every year, the vast majority of countries switch to an online environment. This is especially true for online stores. The subject of this study is the system of consumer protection upon buying goods in online stores and its effectiveness. The purpose is to analyse the state of development of e-commerce in Ukraine and the system of consumer protection upon purchasing goods in online stores. The following general scientific methods were used: classification and theoretical generalisation - to study the theoretical foundations of e-commerce; statistical analysis - to analyse the current state of e-commerce in Ukraine and the consumer protection system. The following results were obtained: based on the analysis of the provisions of current legislation and the experience of foreign countries describing the development of the e-commerce market in Ukraine and the world, the main trends that have developed have been identified, the positive and negative aspects of e-commerce have been identified, as well as the effectiveness of the consumer protection system upon purchasing goods in online stores. It was concluded that the “e-commerce” industry is developing very dynamically. Consumer protection upon purchasing goods through online stores is carried out as with a regular purchase and sale, but it has a number of specific features. To attract potential customers and build their trust, online stores try to post as much information about their products and services as possible on their official websites, including customer reviews. This indicates that the sellers themselves are interested in resolving disputes as soon as possible and preserving their reputation. Taking this into account, it is the improvement of the consumer literacy of citizens, the ability to fully exercise their rights, and to protect their interests in case of certain contradictions that is one of the ways to solve the existing problems.

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17.
Hetman, Y. A..
    Global experience in implementing electronic administrative services [Текст] = Світовий досвід впровадження електронних адміністративних послуг / Y. A. Hetman, V. S. Politanskyi, K. O. Hetman // Journal of the National Academy of Legal Sciences of Ukraine. - 2021. - Vol. 28, Iss. 1. - P. 79-87
УДК
РУБ DOI: 10.37635/jnalsu.28(1).2021.79-87

Аннотация: One of the factors for the development of civil society in democratically developed countries is an effective, well-functioning institution for providing administrative electronic services. Despite the intensity and wide scope of research covering various aspects of providing electronic administrative services to the population, many issues in this area remain quite debatable, as well as understudied, which conditioned the relevance of the study. The study is aimed at investigating the specific features of implementing electronic administrative services in the practice of countries with the most developed e-government mechanisms. In the study of the problem, a set of general scientific and special methods of cognition was used, in particular, the leading methods were: dialectical, comparative legal, analysis, synthesis, interpretation. The study analysed criteria for evaluating electronic administrative services in the leading countries of the European Union and the United States. The study examines the basic electronic administrative services for citizens in online mode provided in the countries of the European Commonwealth. The study examines the global experience of implementing electronic administrative services in such countries as: USA; France; Great Britain; Germany; Estonia and Sweden. The author’s approach to defining the concept of electronic administrative services is formulated, based on a personal interpretation of this concept from the standpoint of general theoretical analysis. It is concluded that one of the best ways to encourage the provision of administrative services in electronic form in the countries of the European Union is to standardise their provision - the development of clear organisational and technical-technological rules and requirements, and their main position is that the provision of services through electronic means of communication should complement, and not replace other communication channels.

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18.
Shulga, M. V..
    Legal support for the activities of agricultural transnational corporations in Ukraine [Text] = Правове забезпечення діяльності аграрних транснаціональних корпорацій в Україні / M. V. Shulga, G. S. Korniyenko, I. V. Yakoviyk // Journal of the National Academy of Legal Sciences of Ukraine. - 2021. - Vol. 28. Iss. 2. - p. 234-242
ББК Х626
РУБ DOI 10.37635/jnalsu.28(2).2021.234-242

Аннотация: Agricultural transnational corporations have always expressed interest in Ukraine as a state with a strong natural potential and good and reliable prospects for agribusiness. Under the influence of factors such as climate change, an unprecedented increase in the world's population and, as a result, a high demand for agricultural products, this interest will increase, and the role of agricultural transnational corporations will grow every year. Therefore, one of the most urgent research and practical problems that lawyers will have to solve is the definition of the key term “agricultural transnational corporations” and the identification of their features. This will allow the Ukrainian legislator to regulate complex and multidimensional relations with their participation in the agricultural sector as accurately as possible and, in particular, govern relations concerning the activities of these subjects of agricultural business, and eliminate gaps in the current legal regulation. Considering this, the purpose of this study was to attempt establishing the essence of agricultural transnational corporations as a legal phenomenon based on an in-depth analysis and to define this term, classify these corporations on certain grounds and establish the specific features of their activities. The study was conducted considering the existing legal support of these participants in agribusiness relations. Research methods included a set of philosophical, general scientific, and special legal methods. The synergetic research method was the fundamental method of understanding the legal support of agricultural transnational corporations. It was proved that an agricultural transnational corporation is a complex entity that engages in agricultural activities in two or more countries, is managed and controlled from a single centre and comprises a parent company, subsidiaries, branches, and departments. The study analysed positive and negative aspects of the activities of agricultural transnational corporations. It was established out that the following agricultural transnational corporations act in Ukraine: in the field of crop production, animal husbandry, processing, servicing agricultural producers, and with mixed activities (simultaneously engaged in both crop production and animal husbandry). It was emphasised that the agricultural chain of a transnational corporation can cover different countries.

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19.
Maksymov, S. I..
    Rule of law and state of exception: The genesis of the problem [Текст] = Верховенство права і надзвичайний стан: ґенезис проблеми / S. I. Maksymov, N. I. Satokhina // Journal of the National Academy of Legal Sciences of Ukraine. - 2021. - Vol. 28, Iss. 2. - P. 47-54
УДК
РУБ DOI:10.37635/jnalsu.28(2).2021.47-54

Аннотация: The purpose of this study was to clarify the correlation between the concepts of the rule of law and the state of exception in the context of the question of the nature of law and its correlation with force. The relevance of the study is explained by the need to reinterpret the idea of the rule of law and its boundaries in the context of modern challenges, in particular in the context of a pandemic. The study is of an interdisciplinary nature, which lies in combining legal, philosophical legal, and historical-philosophical perspectives using methods of philosophical legal reflection, comparison, analysis and synthesis, and historical-philosophical reconstruction. The correlation between the rule of law and the state of exception was clarified in three steps. First, the fundamental idea of the rule of law was explicated, which unites its numerous interpretations: law was considered as the antithesis of the arbitrariness of the powerful. Accordingly, the rule of law turned out to be a requirement immanent to any legal system. At the same time, the internal limitation of the rule of law associated with the statutory nature of the latter was emphasised, which inevitably necessitates striking a balance between the rule of law and justice, and the radicalisation of which brings to life the idea of a state of exception. The second part of this study contains a critical analysis of the theory of the state of exception, which, in contrast to the idea of the rule of law, identifies law and force, and ultimately denies law as such, normalising lawlessness. Finally, in the third step, three approaches to the correlation between the rule of law and the state of exception were analysed: 1) the priority of the state of exception, 2) a weak version of the priority of the rule of law, and 3) a strong version of the priority of the rule of law. It was concluded that the fundamental opposition between the rule of law and the state of exception renders their consistent combination impossible, and the corresponding attempts always turn out to be a compromise not favouring the former. However, according to the authors of this study, it is necessary to recognise the limitations of the law itself, without abandoning the discourse of the rule of law and the fundamental grounds for it.

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20.
Bukhanevych, O. M..
    Approaches to understanding the category "special legal regimes" [Текст] = Підходи до розуміння категорії "особливі правові режими" / O. M. Bukhanevych, A. M. Mernyk, O. O. Petryshyn // Journal of the National Academy of Legal Sciences of Ukraine. - 2021. - Vol. 28, Iss. 1. - P. 71-78
УДК
РУБ DOI: 10.37635/jnalsu.28(1).2021.71-78

Аннотация: The study investigates the main approaches to understanding such legal categories as “legal regimes” and “special legal regime”, and provides their classification. Special legal regimes serve as the legal basis for restricting human and civil rights and freedoms; therefore, the relevance of the study of the concept, types, and main features of special legal regimes is beyond doubt. The authors of the study consider the relationship between the categories of special legal regime of a state of emergency and martial law, and describe the main grounds for their imposition. The authors noted a need for a clear, consistent legal regulation of the model of behaviour aimed at overcoming and eliminating negative consequences of an emergency and military nature. Attention is focused on the fact that in Ukraine, the regulation of public relations arising in connection with emergencies and military situations has become particularly important after the emergence of a military conflict on the territory of Ukraine and the spread of the COVID-19 virus. The study provides the author’s vision of the categories “legal regimes” and “special legal regimes”. it is proposed to interpret the legal regimes as the regulatory procedure, which is expressed in a set of legal means that describe a special combination of interacting permits, prohibitions, and obligations, while implementing a special focus of regulation. The latter should be interpreted as a form of public administration that makes provision for the restriction of the legal personality of individuals and legal entities, introduced as a temporary measure provided by means of administrative and legal nature, and aimed at ensuring the security of the individual, society, and the state. The study provides the classification of special legal regimes and contains proposals to distinguish them according to the content and basis of occurrence as follows: state of emergency, martial law, state of siege, state of war, state of public danger, state of tension, state of defence, state of threat, state of readiness, state of vigilance.

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Умовні позначення місця знаходження

3_пов.(ЗПІ) – зала правової інформації, НБК

4_пов.(НАб) – абонемент наукової літератури, НБК

4_пов.(ДБФ) – довідково-бібліографічний фонд, НБК

5_пов.(З/П) – зала періодичних видань, НБК

6_пов.(АХЛ) – абонемент художньої літератури, НБК

6_пов.(ЗІЛ) – зала літератури іноземними мовами, НБК

7_пов.(Хр) – книгосховище, НБК

8_пов.(РК) – книгосховище рідкісних видань та дисертацій, НБК

НБВ – інформаційно-бібліографічний відділ, НБК, 7 поверх

Ст.Аб. – студентський абонемент, НБК, 5 поверх

Філ №1 – філія № 1 (вул. Динамівська, 4)

Філ №2 – філія № 2 (вул. Пушкінська, 106)

Полт. фак. – Полтавський юридичний інститут, м. Полтава