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Haltsova, V. V..
    Divulgence of confidentiality of adoption: criminal legal and medical aspects [Текст] / V. V. Haltsova, S. O. Kharytonov, O. O. Bondarenko // Wiadomosci lekarskie. - 2021. - Vol. 74, Iss.11, cz. 2. - P. 3085-3091
   Перевод заглавия: Розголошення таємниці усиновлення: кримінально-правові та медичні аспекти

УДК

347.633

РУБ DOI: 10.36740/WLek202111238 + PMID: 35029584

Аннотация: The aim: Identify the problems that arise in connection with the violation of confidentiality of adoption, and on the analysis basis of public danger of violation of confidentiality of adoption to justify the feasibility of criminal liability for such an act. Materials and methods: The authors used the system-structural method in the study of confidentiality of adoption as a legal phenomenon. Also, the comparative method of research was useful in comparing the criminal law of foreign countries on criminal liability for violation of confidentiality of adoption. Using the dialectical method, the problem of the confidentiality of adoption (adoption) was studied in terms of the relationship and interaction of the main categories used in the work on the violation of confidentiality of adoption. In addition, the method of statistical processing of analytical data and the results of the questionnaire were used in this research. Conclusion: The authors state that adoption allows realizing the inalienable right to family upbringing, which is proclaimed in many international acts in the field of human rights protection. It is noted that in most cases, adoptive parents want to keep the confidentiality of adoption. The negative impact of violation of confidentiality of adoption on both the child and his / her family members has been proved. It is concluded that the public danger and severity of violation consequences of confidentiality of adoption are sufficient for the expediency of its criminal prohibition.

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Ponomarenko, O. M..
    Legal regulation of the "biological" protection of marriage and family: issues of balancing between the right to medical secret and the right to conscious marriage [Текст] / O. M. Ponomarenko, Y. A. Ponomarenko, K. Yu. Ponomarenko // Wiadomosci lekarskie. - 2021. - Vol. 74, Iss. 11, cz. 2. - P. 3009-3015
   Перевод заглавия: Правове регулювання «біологічного» захисту шлюбу та сім'ї: питання балансування між правом на лікарську таємницю та правом на свідомий шлюб

УДК

347.6

РУБ DOI: 10.36740/WLek202111225 + PMID: 35029571

Аннотация: OBJECTIVE: The aim: The purpose of this article is to analyze the state policy of several states in creating an effective mechanism in which persons entering into marriage will be able to obtain the necessary information about the state of each other's health and thereby make an informed decision about registering a marriage, protecting the health of each other and future offspring. PATIENTS AND METHODS: Materials and methods: In the course of the study, a comparative analysis of the legal means used by some states in the field of biological protection of marriage was carried out. First of all, a study was carried out of the family legislation of states with different approaches to the system of premarital medical examination of persons entering into marriage. In addition, the scientific works of scientists from different countries were used, the object of study of which was the problems associated with the biological protection of marriage. The work also used the results of surveys that were conducted in some countries and highlighted in published scientific works. CONCLUSION: Conclusions: Health information is essential when deciding whether to marry. Hiding such information can seriously harm the partner's health and children born in such a union. The task of the state is to find a middle ground, in which the balance of interests of the person, whose medical examination revealed health problems (the right to medical secrecy), on the one hand, and the person with whom it is planned to register a marriage (the right to health protection; the right on the voluntariness of marriage).At the same time, the emphasis in state policy on the biological protection of the family should be placed on preventive measures, including non-legal means of information.

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Burlaka, V. .
    The relationship between family, parent, and child characteristics and intimate-partner violence (IPV) among Ukrainian mothers [Текст] / V. Burlaka, A. Grogan-Kaylor, O. Savchuk, S. A. Graham-Bermann // Psychology of Violence. - 2017. - Vol. 7, Iss. 3. - P. 469-477. - Вказана інша організація. Автор Савчук О. О. - сумісник каф. екологічного права з 01.01.2023 р.
   Перевод заглавия: Взаємозв’язок між характеристиками сім’ї, батьків і дитини та насильством з боку інтимного партнера (ІНП) серед українських матерів

УДК	316.624:364.632

РУБ DOI: 10.1037/vio0000085

Аннотация: Objective: To assess the prevalence of intimate-partner violence (IPV) in a sample of Ukrainian mothers of schoolchildren, and to examine the relationship between IPV and family, parent, and child characteristics using multilevel models. Method: Mothers of children ages 9-16 (N = 278, 93.5% Ukrainians) answered the Revised Conflict Tactics Scale (CTS2; Straus, 1979; Straus, Hamby, Boney-McCoy, and Sugarman, 1996), an instrument that measures IPV. We also examined the relationship between IPV and maternal age, education, employment and marital status, family income, and rural or urban residence. Results: Most of the women (81%) reported psychological violence and 58% reported physical assault. On average, women reported 66 instances of IPV during the last year. Multilevel modeling revealed that lower maternal education, unemployment, not living with the husband or partner, and urban residency were associated with higher IPV victimization. Younger age and family income were not significantly related to IPV. Conclusion: We found IPV to be a significant social problem in the present sample of Ukrainian mothers of school-age children. Future policy and violence-prevention programming should focus on supporting academic and employment opportunities for women, particularly for those living in urban areas.

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Isaieva, I. M..
    Aggressive parenting: social, medical and legal aspects [Електронний ресурс] / I. M. Isaieva, A. M. Isaiev, N. V. Korobtsova, V. V. Nadon, I. I. Puchkovska // Wiadomosci Lekarskie. - 2024. - Vol. 77, iss.1. - P. 144-152. - References : p. 150-152. - DOI: https://doi.org/10.36740/WLek202401118
   Перевод заглавия: Агресивне батьківство: соціальні, медичні та правові аспекти

УДК	347.635:342.726-053.2

РУБ PubMed: 38431819

Аннотация: OBJECTIVE: Aim: To examine the impacts of aggressive parenting on physical, mental and emotional development; outcomes for society; possible ways of prevention of children' rights or health violation and responsibility of parents to optimize well-being of children.

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Tahiiev, A. .
    Practice of application of the Islamic family law in European countries and experience of Ukraine [Текст] = Практика застосування норм Ісламського сімейного права в окремих країнах Європи та досвід України / A. Tahiiev // Shidnij Svit. - 2023. - No. 1. - P. 114-123. - References : p. 121-123

УДК	341.9:[347.61:28](4+477)

РУБ DOI: 10.15407/orientw2023.01.114

Аннотация: Ukraine is a secular state, which is provided for by the Constitution and a number of laws. Religious rites of marriage are not the basis for a woman and a man to have the rights and obligations of a spouse. Nevertheless, there is a need to determine how religious marriages are perceived in Ukraine. This article examines the application of Islamic law in the secular legal systems of Ukraine and other European countries with the aim of determining its problems and prospects in the domestic legal system. As a sample for comparison, we took some of the most problematic aspects of Islamic law and its application in European countries, in particular with the largest Muslim communities (the activities of the Sharia Councils in the United Kingdom, the problems of recognizing polygamous marriages in France, the marriage and divorce practices in Germany and Finland). We studied a few exemplary cases from Ukrainian judicial practice, which allowed us to understand how Ukrainian courts consider the issue of recognition of religious Muslim marriages concluded in Ukraine and abroad. Thus, we discovered in many respects the general trends in the regulation of family legal relations among European Muslim minorities. Just like in UK and Germany, Ukrainian Muslims consider three types of registration of their marriage: state, religious and state registration of religious marriage. In Finland and the aforementioned countries, as well as in Ukraine, the third option is the most common. Having also analysed domestic judicial practice, we found that Ukrainian courts, even though they don’t officially recognize religious marriages, still consider them as an additional argument for establishing the fact that a man and a woman live in the same household without marriage, which in turn generates certain legal consequences in accordance with Ukrainian family and civil legislation.

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Volodina, O. O..
    Social danger of domestic violence and the need for rehabilitation of its victims [Текст] / O. O. Volodina, V. V. Haltsova, S. O. Kharytonov // Wiadomosci lekarskie. - 2020. - Vol. 73, Iss. 12, cz. 2. - P. 2895-2901
   Перевод заглавия: Социальная опасность бытового насилия и необходимость реабилитации его жертв

УДК

-058.68

РУБ PubMed ID33611300

Аннотация: OBJECTIVE: The aim: To investigate the social danger of domestic violence, find out its principal manifestations, consequences, and impact on women and minors' health. Based on the acquired knowledge, to suggest ways to overcome this problem, which will minimize the consequences of domestic violence. PATIENTS AND METHODS: Materials and methods: The authors studied and analyzed international legal acts, Ukraine's legislation, and scientific publications on domestic violence. The method of statistical processing of analytical data of the World Health Organization (hereinafter - WHO), the Institute of Demography and Social Research at the request of the UN Population Fund, the Ministry of Social Policy of Ukraine, the Ministry of Internal Affairs and the Prosecutor General's Office of Ukraine (for 2017 - first half of 2020) were used. A comparative method of research was useful in comparing the number of cases of domestic violence in Ukraine and Europe during the COVID-19 pandemic. CONCLUSION: Conclusion: It is concluded that domestic violence is a socially dangerous act that negatively affects all family members, as it causes significant damage to health and life. The most dangerous are the consequences of domestic violence on the physical and mental health of women and minors, who are particularly vulnerable to this negative manifestation. Rehabilitation is said to help minimize the effects of domestic violence, restore the physical and mental health of victims, and return them to normal social life.

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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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Ponomarenko, O. M..
    Legal regulation of surrogacy at the international and national levels: optimization of permissions, prohibitions and liability [Текст] / O. M. Ponomarenko, Y. A. Ponomarenko, K. Y. Ponomarenko // Wiadomosci lekarskie. - 2020. - Vol. 73, Iss. 12, cz. 2. - P. 2877-2881
   Перевод заглавия: Правовое регулирование хирургии на международном и национальном уровне: оптимизация разрешений, запретов и ответственности

УДК

614.2

РУБ PubMed ID33611297

Аннотация: OBJECTIVE: The aim: To identify the issues that arise in states that consolidate different approaches to the use of surrogacy technologies and formulate the main trends towards unification of legislation in this area. PATIENTS AND METHODS: Materials and methods: The study used a complex of general scientific and special methods of cognition, in particular, dialectical, generalizing, comparative legal and others. The research is based on the national and international legislation of different countries, the jurisprudence of national courts and the practice of the ECHR, doctrinal research by scientists from different countries. CONCLUSION: Conclusions: The development of an international legal document which aim is to protect the rights of children born with the use of surrogacy technology is substantiated on the basis of the main principle enshrined in paragraph 1 of Art. 3 of the Convention on the Rights of the Child - the principle of the best interests of the child.

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Kaplina, O. .
    ECTHR decisions that influenced the criminal procedure of Ukraine [Текст] / O. Kaplina, A. Tumaniants // Access to Justice in Eastern Europe. - 2021. - Vol. 4, Iss. 1. - P. 102-121 . - У WoS не зазначено: Vol. 4
   Перевод заглавия: Решения Европейской конвенция о правах человека, влияющие на уголовный процесс Украины

УДК	343.1(477)(094.4)

РУБ DOI: 10.33327/AJEE-18-4.1-a000048

Аннотация: As of 2020, 70 years have passed since the day of the adoption of the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), which Ukraine ratified in September 1997. It was from this date that the countdown to significant democratic transformations in Ukraine and the establishment of human and civil rights and freedoms began. In this article, the authors raise relevant issues of reforming the criminal process of Ukraine in the context of European standards. The old Code of Criminal Procedure of Ukraine was adopted in 1960 and was in force for almost half a century. During this time, it became obsolete and bore a significant imprint of the Soviet past, which was manifest in both the bodies that conducted the trial and had primarily repressive powers and the public interests that dominated the rights and legitimate interests of those involved in criminal justice. The conditions under which the first steps aimed at realising the importance of the Convention and the value of human rights enshrined in it took place were not easy. The path of reform processes in criminal proceedings was associated with the confrontation of the Soviet past with modern transformation. It was difficult to realise the need to harmonise national legislation with European standards of human rights and freedoms and consolidate their perception as one of the necessary conditions for Ukraine's integration into the European legal space, as well as the need for a conceptually new worldview for both the people of Ukraine and law enforcement bodies - officers, judges, and prosecutors.

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Borisova, V. I..
    Alimony obligations of family members in the family law of Ukraine: Problematic issues of theory and practice [Текст] = Аліментні зобов'язання членів сім’ї в сімейному праві України: проблемні питання теорії та практики / V. I. Borisova, L. V. Krasytska // Journal of the National Academy of Legal Sciences of Ukraine. - 2020. - Vol. 27, Iss. 3. - P. 28-47

УДК

347.615

РУБ DOI: 10.37635/jnalsu.27(3).2020.28-47

Аннотация: The relevance of the study of alimony obligations of family members in the family law of Ukraine is conditioned by both the latest approaches of the legislator to the regulation of alimony relations, and the problems of law enforcement practice in this area. The purpose of the study is to determine the features of alimony obligations of family members in the family law of Ukraine, to identify problems of legal regulation and enforcement of these obligations and to develop recommendations for their elimination. Methodologically, the study of alimony obligations of family members is divided into separate structural parts, which cover the general features of these obligations in the family law of Ukraine and the features of their individual types. The methodological basis for the study of alimony obligations of family members in the family law of Ukraine is developed at the philosophical, general scientific and special scientific levels. The study proves that the alimony obligations of family members are in essence family law monetary obligations that arise on the grounds specified by law or contract, are long-term and personal. It is proposed that one of the spouses be considered in need of financial aid if their monthly income (salary, pension, income from the use of their property, other income) is less than the minimum wage established by law. It is proposed to apply similar provisions to identify parents in need of financial aid in alimony obligations for the maintenance of disabled parents by adult children. It is argued that the change of the minimum amount of alimony to be collected from the alimony payer per child is not a basis for applying Article 192 of the Civil Code of Ukraine, but is a basis for changing the minimum amount of alimony specified in the writ of execution and alimony recovery, and is taken into account when determining the amount of alimony or alimony arrears. Other changes to the Family Code of Ukraine have been proposed to improve the procedure for collecting alimony for family members. The analysis of theoretical provisions of alimony obligations of family members and practical problems of law enforcement in this area and the development of proposals to improve family law is important for further research of family law obligations, will contribute to the development of an effective mechanism for exercising and remedy of the rights of parties in family legal relations and the establishment of the unity of judicial practice. © 2020, National Academy of Legal Sciences of Ukraine. All rights reserved.

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