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Yavor, O. А..
    Transformation of legal regulation of family relations under the impact of scientific progress [Текст] / O. А. Yavor, V. V. Nadon, O. О. Ruban // Astra Salvensis. - 2019. - No. 1. - P. 523-537
   Перевод заглавия: Трансформация правового регулирования семейных отношений под влиянием научного прогрессаББК Х624

Аннотация: The actuality of the problem is conditioned by the fact that in the conditions of growing scientific and technological progress and the strengthening of the role of the individual in public life there is an acute problem of the legal status of the family in modern human life. The achievements of science and technology and social changes in the society inevitably affect marriage and family relations. The purpose of this article is determining the changes in the family legislation under the impact of scientific progress, in particular, concerning the legal regulation of the issues of determining the child's origin when using artificial insemination technology, the responsibility of the surrogate mother in case of refusal to hand over the born child to the spouses, the regulation of cases related to such legally significant circumstances as changing the sex of a person and so on. The leading methods of research are the methods of analysis and synthesis used for structuring and analysis of the available information as well as the comparative method as a special-scientific method of research that allows to consider this problem by finding and comparing common and different legal phenomena in the regulation of these issues. The results of the undertaken study is determining the drawbacks in the legal regulation of doctrinal provisions on the legal assessment of certain legally significant circumstances which have the status of legal facts for the purposes of legal regulation, in particular, the wide spread of methods of vitro fertilization, cloning, sex change, surrogacy, among other things, in solving the matter of the child's origin. The practical significance of the obtained results lies in the possibility of implementing a number of international legal acts in the national legislation of Ukraine at the level of international legal acts by imposing the obligations on the states parties of the conventions of the quality protection and protection of human rights.

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Kraіnуk, H.
    Отдельные правовые и медико-социальные аспекты реализации права на жизнь и эвтаназию [Текст] = Separate legal and medico-social aspects of the realization of the right to life and euthanasia in Ukraine / H. Kraіnуk, I. Semenikhin, O. Sydorenko // Georgian medical news. - 2020. - Iss. 3 (300). - P. 134-139

УДК

342.7

ББК Х623.211.84 + Х911.3

Аннотация: In order to better protect the human right to life, to improve the implementation of Art. 2 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, as well as the reduction of the number of judgments of the European Court of Human Rights against Ukraine, we propose avoid unjustifiably lengthy investigations into the causes of death of citizens and provide specialized resuscitation assistance to all who need it. Share Art. 52 of the Law of Ukraine "Fundamentals of the legislation of Ukraine on health care" the following wording: "Medical workers are allowed to euthanize - intentionally accelerating the death or death of a terminally ill patient in order to end his or her suffering, subject to his consent and the conclusion of the commission, which is not less than of three doctors on the incurability of a disease that causes significant physical pain (suffering) for the patient".

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Gusarov, K. V..
    Recognition of the fact of birth or death in the temporarily occupied territory under the rules of special proceedings [Текст] = Визнання факту народження або смерті на тимчасово окупованій території за правилами окремого провадження / K. V. Gusarov, O. I. Popov // Journal of the National Academy of Legal Sciences of Ukraine. - 2020. - Vol. 27, Iss. 4. - P. 161-171

УДК	347.91/.95

РУБ DOI: 10.37635/jnalsu.27(4).2020.161-171

Аннотация: This study investigates the practice of application of the special civil proceedings, in particular the recognition of the fact of birth or death of an individual in the temporarily occupied territory of Ukraine. The study analyses certain regulations and legislative changes adopted to protect the rights and subjects of legal relations in connection with the armed aggression of the Russian Federation, committed to violate the sovereignty and territorial integrity of Ukraine, which is considered relevant to this subject. Attention is drawn to the difficulties of proving this fact, the specific features of the procedure for consideration of cases of this category, the subjective composition of procedural legal relations and the consequences of the entry into force of a court decision. In addition, the category of cases considered in the study is described by specific rules of jurisdiction. The purpose of the study is to analyse the practice of applying the rules of civil procedural law in cases of the specified categories. In this regard, attention is drawn to the application of the so-called Namibian Exception, developed in connection with the need to provide evidence related to their issuance in the temporarily occupied territories of the state. Therefore, the methods used to achieve the purpose of the study are conditioned by the need for scientific cognition of the described phenomena. Therefore, in preparing the study, a comparative legal method of legal regulation was used, which lies in a comparative analysis of the negative consequences of social and legal phenomena associated with armed aggression against Ukraine and other states, including the Republic of Cyprus. Hermeneutic interpretation was used to represent the legal provisions of other states. An analytical-synthetic approach was also used, which involves analysis and synthesis, in particular parametric synthesis. It lies in substantiation of necessity and sufficiency of set of indicators. The results and recommendations of the author include proposals for legislative consolidation of the specific features of consideration of civil cases by courts related to the protection of legal relations that have arisen (exist) in the temporarily occupied territory of Ukraine, and for improvement of the proof of certain legal relations.

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Razmetaeva, Y. S..
    Abortion, human rights and medical advances in digital age [Текст] / Y. S. Razmetaeva, O. O. Sydorenko // Wiadomosci lekarskie. - 2021. - Vol. 74, Iss. 1. - P. 132-136
   Перевод заглавия: Аборт, права людини та медичні досягнення в цифровому возрасте

УДК

618

614

РУБ DOI: 10.36740/wlek202101126 + PubMed: 33851603

Аннотация: OBJECTIVE: The aim: The article analyzes the impact of abortion on human rights and women's health in the light of medical and technological advances of the digital age. PATIENTS AND METHODS: Materials and methods: The methods of research were dialectic approach and general analysis of normative and scientific sources, analysis of the results of studies of women's mental health after abortions, analysis of judicial practice, especially decisions of the European Court of Human Rights, the results of author's own empirical studies, the formal legal method, the comparative legal method and the historical method. It has been established that there is no strong evidence that abortion negatively affects a woman's mental health, including no evidence that the emotional consequences aredeeply personal, or are rather the result of societal pressure. Arguments were refuted about extending the protection of human rights regarding abortion to unborn children and their fathers. CONCLUSION: Conclusions: The article emphasizes that the ethical burden on medical workers, especially in jurisdictions that require the approval of a doctor to legally terminate a pregnancy,increases significantly due to information flows and community expectations dictated by new medical advances.

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Berchenko, H. .
    Unamendable provisions of the constitution and the territorial integrity of Ukraine [Текст] / H. Berchenko, T. Slinko, O. Horal // Access to Justice in Eastern Europe. - 2022. - Vol. 5 [не зазначено у базі Web of Science], № 4-2 (17) [не зазначено у базі Web of Science та Scopus], Spec. Iss.: Access to Justice in Ukraine amid War. - P. 113-127. - References : p. 126-127

УДК	342.4(477)

РУБ DOI: 10.33327/AJEE-18-5.4-n000447

Аннотация: Background: Unamendable USA and Norway, but did not become widespread. The unamendability of a republican form of government, included in the Constitution of France in 1885, continued this tradition. Such provisions became more widespread after the Second World War. Countries that gained independence began to include a mention of territorial integrity in such provisions. Ukraine belongs to such countries (the Constitution of 1996). Since 2014, Ukraine has faced encroachment on its territorial integrity by an aggressor state - its eastern neighbor. Given these circumstances, the study of the nature and meaning of unamendable provisions of a constitution has particular relevance. Methods: The following methods were used in the work to research the main approaches to the unamendable provisions of the constitution. The system-structural method was useful when providing a structural characterisation of the concept of unamendable provisions, as well as its varieties, establishing a relationship with other concepts (multilevel constitutional design). The logical-legal method made it possible to discover the positions of scientists regarding an optimal list of unamendable provisions, the possible violation of such provisions in the situation of a constitutional revolution, and the positions of the Constitutional Court of Ukraine regarding the protection of territorial integrity in Ukraine. The comparative method was used to study the experience of foreign countries. Results and Conclusions: The paper analysed the legal consequences of violation of territorial integrity, concluding that military aggression, occupation and unacknowledged annexation of part of Ukrainian territory by Russia is not a reason to refuse territorial integrity as an unamendable provision of the Constitution of Ukraine. On the contrary, the protection of this provision should be strengthened.

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Grynko, L. .
    Sale of falsified medicines via the internet in Ukraine: problems of detection and counteraction [Електронний ресурс] / L. Grynko, H. Chornyi, M. Kostenko // Wiadomosci Lekarskie. - 2023. - Vol. 76, Iss. 5. pt. 1. - P. 1106-1112. - References : p. 1110-1111
   Перевод заглавия: Продаж фальсифікованих ліків через інтернет в Україні: проблеми виявлення та протидії

УДК

343.347

РУБ DOI: 10.36740/WLek202305132 + PMID: 37326096

Аннотация: OBJECTIVE: The aim: The purpose of the article is to identify and analyze problematic theoretical and practical aspects related to the sale of counterfeit medicines via the Internet and measures to counteract the spread of their counterfeit products, as well as to search for evidence-based ways to improve the regulatory and legal mechanism that regulates the activities of the pharmaceutical business in Ukraine. PATIENTS AND METHODS: Materials and methods: The research based by the analysis of international acts, conventions and national legislation of Ukraine in the sphere of trade medicines via the Internet, scientific achievements in this area. Methodologically, this work is based on the system of methods, scientific approaches, techniques and principles with the help of which the realization of the research aim is carried out. There have been applied universal, general scientific and special legal methods. CONCLUSION: Conclusions: Analyzed the legal regulation of online sales of medicines. Made the conclusion about necessity implementation of projects to create forensic records which have shown their effectiveness in the fight against counterfeit medicines in European countries.

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Dunaieva, T.
    Determination of the initial moment of life of a person in Ukraine [Електронний ресурс] = Определение начального момента жизни человека в Украине / T. Dunaieva, H. Krainyk // Georgian Medical News. - 2020. - Iss. 298. - P. 169-174. - [В Scopus та Web of Science вказана інша організація. Автор Г. Крайник не працює з 2020 р.] ББК Х628.1

Аннотация: The aim of the study was to study the initial moment of a person's life, which is important for a clear determination of when it begins to be protected by the legislation of Ukraine, and differentiation from legal or illegal abortions, as well as to propose an approach to determine the initial moment of life that is more consistent with the logic than exists in the current one the legislation of Ukraine. Today, the initial moment of life in Ukraine determines the beginning of childbirth, and the final - death of the brain, that is, the criteria for determining the beginning and end of life are different - the beginning of childbirth and brain death; we offer to connect the initial and final moments of life with the brain - from the formation and beginning of the functioning of the human brain to his death, that is, the only criterion is the brain) and a more humane approach to determining the initial moment of life than exists now (life if we take into account our proposals the legislator will be protected at earlier stages - from the 12th week of pregnancy). We examined the results obtained by other scientists, as well as normative acts, in particular, the Law of Ukraine Basics of the Legislation of Ukraine on Health Protection № 2801-XII of November 19, 1992. As a result of the study, individual proposals were made to improve the legislation of Ukraine in the field of protecting the human right to life. It is proposed to amend Part 1 of Art. 50 of the Law of Ukraine Basics of the Legislation of Ukraine on Health Protection, in particular, replace in the text The operation of artificial termination of pregnancy (abortion) can be performed at the request of a woman in health facilities during pregnancy for a period not exceeding 12 weeks.

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Horbachevska, T. .
    Freedom of Religion and Non-discrimination Based on Gender Identity and Sexual Orientation in Ukraine: Corporate Policy Commitments in Situations of Conflicting Social Expectations [Електронний ресурс] / T. Horbachevska, O. Uvarova, D. Vovk // Human Rights Review. - 2024. - Vol. 25, iss. 2. - P. 205-231. - DOI: https://doi.org/10.1007/s12142-024-00720-z . - Early Access: JUL 2024. - ISSN 1524-8879
   Перевод заглавия: Свобода релігії та недискримінація за гендерною ідентичністю та сексуальною орієнтацією в Україні: зобов’язання корпоративної політики в ситуаціях суперечливих соціальних очікувань

УДК

342.724

305

316.346.2

341.215.4

342.7

Аннотация: Conflicting social expectations in a particular state affect the interpretation and implementation of international human rights law. Ideological, religious, and legal factors related to the protection of freedom of religion or belief (FoRB) and freedom from discrimination based on sexual orientation and gender identity (SOGI) in Ukraine put businesses under social pressure. Businesses thus face a legitimate dilemma whether to follow national social expectations perceiving FoRB and freedom from discrimination based on SOGI as rights in conflict or expectations arising from international human rights law establishing both freedoms as equal and non-clashing. Based on desk research and in-depth interviews with business policymakers the article identifies neutrality, ignoring, and active engagement strategies when providing corporate respect to FoRB and SOGI under the business and human rights framework ‘Protect, Respect, Remedy’ which requires responsible business conduct. The article concludes with the implications each strategy has for resolving presumed clashes between FoRB and SOGI at the community level

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Yaroshenko, O. M..
    Employee’s right to information in ECHR judgments: analysis of specific cases where this right was violated or recognized [Електронний ресурс] = Direito do trabalhador a informacao nos acor-daos do TEDH: analise de casos especificos em que este direito foi violado ou reconhecido / O. M. Yaroshenko, N. O. Melnychuk, O. Ye. Lutsenko, N. M. Vapnyarchuk, V. I. Sheverdina // Revista da Faculdade de Direito da Universidade Federal de Minas Gerais. - 2024. - Vol. 84. - P. 335-350. - DOI: https://doi.org/10.12818/P.0304-2340.2024v84p335
   Перевод заглавия: Право працівника на інформацію в рішеннях ЄСПЛ: аналіз конкретних випадків, коли це право було порушено або визнано

УДК	349.2:[341.645:341.231.14](4)

РУБ DOI: 10.12818/P.0304-2340.2024v84p335

Аннотация: Observance of the employee’s right to access information is important because the prior-ity direction of state policy is the formation of a democratic country, which presupposes a strict observance of inalienable human rights and freedoms, maintenance of the rule of law and democracy. This study contributes to the development of the national legal system, protection of human rights, and preparation of Ukraine for integration into the European legal framework. It is necessary to take into ac-count and adapt European standards to ensure fair and effective mechanisms for protecting employees’ rights. Therefore, the study of the ECHR cases on the employee’s information right can help Ukraine to adapt its legislation and judicial practice to European standards, which is a necessary step towards joining the European Union.

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Rubashchenko, M. .
    Denial of aggression against Ukraine or occupation of its territory: a new case among the denial crimes [Електронний ресурс] / M. Rubashchenko, N. Shulzhenko // Access to Justice in Eastern Europe. - 2024. - Vol. 7, iss. 4. - P. 11-37. - DOI: https://doi.org/10.33327/AJEE-18-7.4-a000115 . - ISSN 2663-0575. - ISSN 2663-0583
   Перевод заглавия: Заперечення агресії проти України або окупації її території: новий випадок серед злочинів заперечення

УДК

343.322

РУБ DOI: 10.33327/AJEE-18-7.4-a000115

Аннотация: Denial crimes are considered one of the most controversial topics in modern criminal law. The criminalisation of historical negationism is problematically balanced between two extremes: the need to protect historical memory, public order and the feelings of victims of terrible tragedies and their descendants, and the need to safeguard freedom of expression and academic debate. Despite this tension, the criminalisation of denial crimes has been gaining momentum on the European continent and is constantly expanding. For a long time, Ukraine has remained on the sidelines of this complex debate on the prohibition of denials. However, Russian aggression prompted the Ukrainian parliament to criminalise the denial of the aggression against Ukraine and the occupation of its territory. The wording of the law is not trivial and differs from classic European models. Two laws were adopted simultaneously, but they were not synchronised with each other, creating a collision. Despite this, both are widely used. This article, therefore, demonstrates Ukraine's thorny path to criminalising denials and the legal difficulties that arose from the extreme conditions under which the laws were adopted. Methods: In the initial stages of the research process, the authors present a concise overview of the evolution of criminal prohibition of denial across the globe, focusing on recent trends. This is achieved through the application of historical and comparative legal methods. The central section of the study is devoted to an examination of the Ukrainian experience, comprising two parts. The first section elucidates the evolution of the concept of criminalisation of these actions in Ukraine through an analysis of legislative initiatives and the outcomes of their assessment. The second section is dedicated to investigating the shortcomings of the legislative process, the challenges encountered in the implementation of adopted amendments, and the formulation of recommendations for the resolution of collision between legal norms, as well as suggestions for improving existing regulatory frameworks. In this endeavour, the authors employ a combination of formal legal and logical methods of cognition. Results and conclusions: Europe is at the heart of the movement to criminalise historical negationism. Most European countries criminalise some form of denial. Ukraine, as a candidate country for accession to the European Union, must harmonise its legislation with EU law. Over the past two decades, numerous draft legislation proposals have been submitted to the Ukrainian parliament with the intention of criminalising the denial of specific historical facts and their legal assessment. However, the Ukrainian experience differs significantly from that of its European counterparts, which mainly focus on liabilities for denying the Holocaust, other genocides, crimes against humanity, and war crimes. At present, the criminal law of Ukraine provides for the denial of Russian aggression and occupation in two distinct articles of the Criminal Code of Ukraine. Both articles are applied in practice, resulting in legal uncertainty and a violation of the principle of equality. The article proposes an amendment to the Criminal Code of Ukraine to resolve this collision and, in the interim, to resolve the collision of norms by the principle of in dubio pro homine.

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Mernyk, A. .
    The right to life [Електронний ресурс] / A. Mernyk, O. Hyliaka, V. Sheverdina // Wiadomosci Lekarskie. - 2025. - Vol. 78, iss. 1. - P. 197-209. - DOI: https://doi.org/10.36740/WLek/197134. - [Для автора Гиляки О. С. зазначена інша орг-ція]
   Перевод заглавия: Право на життя

УДК

342.7

341.215.4

341.645:341.231.14](4)

342.746

РУБ DOI: 10.36740/WLek/197134 + PubMed: PMID: 40023873

Аннотация: OBJECTIVE: Aim: The article is devoted to the study of the right to life as a key aspect of legal theory. The purpose of the study is to examine the theoretical aspects of the right to life, to analyze its essence, place and significance in the system of general human rights; to outline the main principles and concepts related to the right to life, to consider their evolution in different legal systems and to discuss important ethical aspects related to this topic. PATIENTS AND METHODS: Materials and Methods: The article examines the right to life, defines its place in the modern world, highlights the issues of correlation between this right and the right to abortion and euthanasia, and assesses the prospects for their realization. The empirical basis of the study is grounded on articles by scholars and assessments by leading experts in the field. The authors used general scientific methods, including system analysis, system modeling, and the dialectical method. To demonstrate the relationship between the right to life of an unborn child and a woman's right to abortion, a social survey was conducted among different population groups. CONCLUSION: Conclusions: Analyzing the right to life in the context of its interrelationship with other human rights, such as the right to liberty, the right to health and the right to a fair trial, helps to affirm the principles of the rule of law and ensure equality before the law for all. In the modern world, the concept of the right to life has become an important element of international law, which covers not only physical existence, but also the provision of a decent and quality life, health, education and social protection. Cultural and religious aspects play a significant role in shaping the understanding of the right to life. Different religious and cultural traditions have their own interpretations of the beginning and end of life, influencing attitudes to aspects related to medical interventions, abortion, euthanasia and other issues.

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