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Melnyk, K. .
    Abuse of rights in labor relations: Concepts, motives, beneficial and adverse consequences [Text] / K. Melnyk, F. Tsesarsky, O. Zaitsev, T. Yatsenko // International Journal of Criminology and Sociology. - 2020. - Vol. 9. - P. 2674-2680
   Перевод заглавия: Зловживання правами у трудових відносинах: поняття, мотиви, корисні та несприятливі наслідки

УДК	349.2(477)

РУБ DOI: https://doi.org/10.6000/1929-4409.2020.09.330

Аннотация: The article contains the studied issues of abuse of rights in labor relations: the concept of "abuse of rights in labor relations" has been defined, its motives, and beneficial and adverse consequences have been analyzed. The authors emphasize that "abuse of rights" as a legal fact arisen in specific life circumstances may have both beneficial and adverse social content. All this resulted from the fact that legislative practice does not keep up with real conditions of changing labor relations affected by dynamic circumstances of modern social and economic development of society. To develop new approaches to definition of the fundamental principles of labor law to ensure the rights of all participants in labor relations on the principles of equality before the law seems now to be very important. The solution to this problem is in formulation of a universal definition of the concept "abuse of rights in labor relations" like actions or inactions in the legal environment of labor law, based on antisocial motives of these actions (inactions), which do not coincide with motives officially indicated, resulting in adverse social consequences such as discrimination, oppression of labor rights of citizens and stateless persons, violation of the requirements for safe and healthy working conditions. In turn, according to the authors, actions or inactions beyond labor law, but based on positive social motives, resulting in beneficial social consequences such as labor rights of citizens and stateless persons for safe and healthy working conditions, production safety, environmental society, etc., shall not be considered as "abuse of rights" (but as "beneficial abuse of rights").

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Polkhovska, I. K..
    The right to medical assistance for drug addicts: examination of the problem [Текст] / I. K. Polkhovska, A. S. Sydorenko, O. D. Melnyk // Wiadomosci lekarskie. - 2020. - Vol. 73, Iss. 12 . cz. 2. - P. 2927-2933
   Перевод заглавия: Право на медицинскую помощь наркоманов: обзор проблемы

УДК

343.976

351.778

РУБ PubMed ID33611305

Аннотация: OBJECTIVE: The aim: The purpose of this article is to conduct a thorough review and assessment of the exercise of the right to medical care for drug addicts, in particular in custody, through the analysis of international acts and strategies in the fight against drug addiction, as well as drug policies of individual States. PATIENTS AND METHODS: Materials and methods: The study is based on the analysis of international documents, the drug control strategies, the case law of the European Court of Human Rights and analytical researches in this area. The article is based on dialectical, system and structural, comparative and legal methods, the method of analysis and synthesis. CONCLUSION: Conclusions: Ensuring human rights without any discrimination should be a priority in the politics of modern States. The implementation of prevention and rehabilitation programs based on scientific evidence is also important. The current situation, in which persons who use drugs experience significant restrictions of their rights and freedoms, is unacceptable.

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Brazhnyk, A. .
    Responsibility for Abuse of Influence: Global Experience [Electronic resource] / A. Brazhnyk, T. Hud, M. Grigoryeva // Pakistan Journal of Criminology. - 2022. - Vol. 14, Iss. 2 : Special Issue on Criminal Law in Ukraine. - P. 1-18. - References : p. 15-18
   Перевод заглавия: Відповідальність за зловживання впливом: світовий досвід

УДК

343.353

Аннотация: The main purpose of this study was to conduct an independent investigation of some international regulations that make provision for criminal liability for abuse of influence; analysis of the experience of countries that have achieved considerable success in implementing and improving criminal legislation, which determines the implementation of mechanisms of public legal responsibility for abuse of influence to consider the possibility of implementing some of their provisions in the legal system of Ukraine. The general methodological framework of this study was formed by an integrated approach to cognition, in which all the main aspects of the subject matter were investigated. The combatting intensifies and measures are being taken to prevent criminal offences in official and professional activities relating to the provision of public services. It was concluded that there is considerable progress in corruption combatting in the world. Ukraine is one of the countries that take steps in developing anti-corruption legislation, though, further improvements are needed. The materials of this study are of practical value for further scientific research and legislative transformations in the field under study.

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Sobko, G. .
    Characteristics of Punishment for Property Embezzlement and Appropriation by Military Personnel through Abuse of Office [Текст] / G. Sobko, N. Chenshova, M. Viunyk, T. Duiunova, E. Palii // Legality: Jurnal Ilmiah Hukum. - 2023. - Vol. 31, No. 1. - P. 157-180. - References : p. 177-180
   Перевод заглавия: Особливості покарання за розтрату та заволодіння майном військовослужбовців шляхом зловживання службовим становищем

УДК	343.35:344.2

РУБ DOI: 10.22219/ljih.v31i1.25933

Аннотация: The article is focused on the analysis of legislative regulation of sentencing and exemption from punishment of persons who have committed criminal offenses connected with the appropriation and embezzlement of military property by military personnel through the abuse of official position. The variability of responsibility for the appropriation and embezzlement of military property was analyzed, beginning with the Criminal Code of 1960, the effective Criminal Code of 2001, and the draft new criminal legislation on this criminal offense. This study employed a comparative legal analysis of responsibility according to administrative and criminal legislation, defines the level of punishment for the committed offenses, and presents. The author’s classification of disciplinary, administrative, and criminal responsibility. Criminal offenses related to corruption were also analyzed and the restrictions that cannot be applied to persons who have committed corruption offenses were investigated. This study also proposes a list of corrupt criminal offenses, explores possibilities for mitigating criminal liability for persons who have committed corruption criminal offenses that would not exceed the ban on mitigating criminal responsibility for corruption offenses, and considers the possibility of imposing additional types of punishment to persons who have committed criminal offenses in the area of the appropriation and embezzlement of military property. Statistical data on administrative and criminal proceedings on this issue were analyzed.

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Mazaraki, N. .
    Creating an Effective Mediation Scheme for Business-Related Human Rights Abuses: The Case of Ukraine [Електронний ресурс] / N. Mazaraki, T. Tsuvina // Business and Human Rights Journal. - 2023. - P. 1-21 ; Business and Human Rights Journal. - 2024. - Vol. 9, iss. 1. - P. 129-149. - [Published online: 12 October 2023; В Scopus та Web of Science Core Colection змінено рік при переіндексації з 2023 на 2024]
   Перевод заглавия: Створення ефективної схеми медіації для порушень прав людини у бізнесі: приклад України

УДК	347.925:[334.012:005.511]](477)

РУБ DOI: 10.1017/bhj.2023.34

Аннотация: Non-judicial remedies for corporate human rights abuses have a viable and complementary role to judicial remedies in mature jurisdictions, although in Ukraine the 'bouquet' of effective remedies is more of a still-life. The national mediation community is gaining momentum and the authors argue that mediation may take place within state-based non-judicial remedies when institutionalized by the office of the Ombudsman. The objective of this article is to scrutinize the rule of law, access to justice, and the effectiveness criteria of the UNGPs with regard to mediation. The authors conclude that mediation can meet all of the effectiveness criteria requirements and special effort should be devoted to addressing the challenges of power imbalances between parties, the confidential nature of mediation and the public demand for transparency, to ensure that mediation outcomes are in accord with internationally recognized human rights. Based on the findings, the authors suggest that a state-based business and human rights mediation scheme, in line with the UNGPs' effectiveness criteria, should have its own three pillars, namely, accessibility, availability and awareness, with quality assurance as its cornerstone.

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Sobko, G. .
    Criminal legal and criminological analysis of offenses against sexual freedom and immunity in Ukraine: current state and prospects [Електронний ресурс] / G. Sobko, M. Shulga, I. Tarasova, M. Voznyk, V. Nazarov // Problems of Forensic Sciences. - 2023. - Vol. 135. - P. 189-216
   Перевод заглавия: Кримінально-правовий та кримінологічний аналіз правопорушень проти статевої свободи та недоторканності в Україні: сучасний стан та перспективи

УДК	343.541:343.9.01

РУБ DOI: 10.4467/12307483PFS.23.012.19428

Аннотация: The highest social values of any legal country are the protection of natural rights, which include life, health, dignity, freedom and inviolability of the person. Ukraine declared these rights as the basic ones in the Art. 3 and 29 of the Constitution. The number of criminal offenses is large enough and gradually increasing, but only a small number of them are really important for the life of the individual and the consequences of their actions remain until the end of the life of the victim. Such criminal offenses include articles that protect sexual freedom and immunity. Ukraine has been under martial law for 10 months, and during this period cases of sexual violent criminal offenses have taken place. The aim of the study is to analyze the statutes, declarations and conventions that should protect persons from the said criminal offenses. The study analyzed 1) the attitude of the ECHR to criminal offenses related to sexual freedom and immunity, and changes in legislation in connection with the ratification of international law; 2) conflicts and inconsistencies that exist in the law on criminal liability now and those that do not comply with international treaties that were ratified, for example, the new version of Art. 155 and 303 of the Criminal Code of Ukraine; 3) the latest changes in the legislation of Ukraine concerning Art. 156 “Child abuse for sexual purposes” of the Criminal Code of Ukraine; 4) data from the Office of the Prosecutor General of Ukraine on criminal offenses related to sexual freedom and immunity. As a result, it has been established that 40% of the analyzed difficulties do not end with the indictment in the court. There is a doubt about the determination of the same degree of social danger of rape (Art. 152 the Criminal Code of Ukraine) and sexual violence (Art. 154 the Criminal Code of Ukraine). The Art. 154 the Criminal Code of Ukraine concerning the difficulty of proving the criminal offense was analyzed, and a new version of this article was proposed. Diagrams with the data from the register of court decisions the correlation of indictments and court decisions on the recognition of persons guilty of the mentioned criminal offenses were created. The explanations of the Supreme Court concerning this category of cases were analyzed and presented. Finally, proposals were formulated to improve the current version of the criminal legislation of Ukraine.

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