ScienceRise: Juridical Science http://journals.uran.ua/sr_law <p><em>«ScienceRise: Juridical Science» – </em>scientific peer-reviewed journal, published 4 times a year, included «List of scientific professional editions of Ukraine» (Сertificated by order of Ministry of Education and Science of Ukraine No. 326 from 04.04.2018).</p><p>The aim of the journal «ScienceRise: Juridical Science» is to publish fundamental research on the current problems of the formation of the state and law-making, which in modern society are becoming more and more demanded by jurisprudence.</p><p>The journal publishes doctrinal articles and a comprehensive analysis of state legal reality. The scientific dialogue, which is provided on the pages of the journal, between scholars of different schools both in Ukraine and abroad will contribute to the scientific search, development of jurisprudential theory and the integration of Ukrainian science into the global jurisprudential space.</p> <a href="https://portal.issn.org/resource/ISSN/2523-4145">ISSN 2523-4153 </a> (print), <a href="https://portal.issn.org/resource/ISSN/2523-4153ISSN">ISSN 2523-4145 </a>(on-line) <br /><br />Drawing up the items of the publication ethics policy of the journal «ScienceRise: Juridical Science» Editors followed the recommendations of Committee on Publication Ethics <a href="http://publicationethics.org/">(COPE)</a>. en-US <p>Our journal abides by the Creative Commons CC BY copyright rights and permissions for open access journals.</p> <p>Authors, who are published in this journal, agree to the following conditions:</p> <p>1. The authors reserve the right to authorship of the work and pass the first publication right of this work to the journal under the terms of a Creative Commons CC BY, which allows others to freely distribute the published research with the obligatory reference to the authors of the original work and the first publication of the work in this journal.</p> <p> 2. The authors have the right to conclude separate supplement agreements that relate to non-exclusive work distribution in the form in which it has been published by the journal (for example, to upload the work to the online storage of the journal or publish it as part of a monograph), provided that the reference to the first publication of the work in this journal is included.</p> law@entc.com.ua (Yuliia Nikolaieva) law@entc.com.ua (Yuliia Nikolaieva) Fri, 30 Sep 2022 00:00:00 +0300 OJS 3.2.1.2 http://blogs.law.harvard.edu/tech/rss 60 Development of European electoral and referendum law http://journals.uran.ua/sr_law/article/view/265570 <p>The purpose of the article is to study European electoral and referendum law. In order to achieve it, it is necessary to solve the following tasks: disclosure of the nature of European electoral and referendum law; analysis of existing European legal standards in this field; highlighting the trends and regularities of the development of European electoral and referendum law in modern conditions. The methodological basis of the research is general scientific methods, in particular, dialectical, systemic, synthesis method, etc., and special legal (comparative-legal, historical-legal, formal-logical, structural-functional, legal semiotics, etc. .) methods of scientific knowledge. Their combination made it possible to comprehensively analyze the essence and peculiarities of European electoral and referendum law, to find out the trends and prospects of their development in modern conditions.</p> <p>With the creation of an extensive system of international legal standards of the universal and regional (mostly European) levels, which guarantee the rights of citizens to participate in elections and referendums, the active functioning of the Council of Europe, the OSCE, the EU, the traditional democratic institutions of elections and referendums are marked by significant modernization and standardization. Along with the development of electoral and referendum law and relevant legislation at the domestic levels, the formation of European electoral and referendum law is observed. Undoubtedly, thorough studies of their nature and essence, subject-functional and other characteristics, mechanisms of implementation of existing European legal standards in this field, etc., are necessary. The risks and threats, associated with armed aggression against Ukraine, and the re-creation of classic institutions of people's power, for the improvement of which the efforts of democratic states and, in recent decades, international organizations have been concentrated, force the development of effective tools for countering and preventing manipulation of elections and referenda, establishing responsibility for such acts, increasing universally binding (normative) acts, along with "soft law" acts in this area</p> Nataliia Kaminska Copyright (c) 2022 Nataliia Kaminska http://creativecommons.org/licenses/by/4.0 http://journals.uran.ua/sr_law/article/view/265570 Fri, 30 Sep 2022 00:00:00 +0300 The legal basis for the compulsory vaccination of higher education institutions' staff in the COVID-19 pandemic http://journals.uran.ua/sr_law/article/view/265512 <p>The research consists in a theoretical analysis and legislative definition of the concept of mandatory vaccination of employees of higher education institutions and the legal status of dismissed employees who were not vaccinated during the COVID-19 pandemic, regarding the performance of their employment duties under an employment agreement or contract. The authors draw attention to the peculiarities of the legislative regulation of the epidemic and pandemic in Ukraine, as well as the impact of such provisions on the labor relations between employees and employers of individuals and legal entities.</p> <p>The issues of legality and legislative validity of the application of mandatory vaccination for employees of higher education institutions are revealed, as well as the legal consequences of suspension from work of employees who refused to be vaccinated during the COVID-19 pandemic under national legislation, the rules of conduct of the employer in such circumstances and the legal regime of the pandemic as a social phenomenon, determined by the legislator, are analyzed.</p> <p>The legal grounds and ways to protect the labor rights and legitimate interests of employees of higher education institutions are investigated. The list of all categories of employees who are obliged to be vaccinated is revealed. The options for the behavior of the employer and the employee in case of such force majeure are proposed. The legal provisions on the protection of the rights and legitimate interests of employees in the event of a pandemic and the procedure for their dismissal from work in the absence of vaccination are analyzed</p> Natalia Khatniuk, Nelly Pobiyanska, Anastasia Levytska Copyright (c) 2022 Natalia Khatniuk, Nelly Pobiyanska, Anastasia Levytska http://creativecommons.org/licenses/by/4.0 http://journals.uran.ua/sr_law/article/view/265512 Fri, 30 Sep 2022 00:00:00 +0300 Legal and ideological model of the formation of socio-legal consciousness of military servicemen as a component of social and legal support of the activities of the personnel of the national guard of Ukraine http://journals.uran.ua/sr_law/article/view/265571 <p>The article is devoted to a comprehensive study of the social and legal support of the military personnel of the National Guard of Ukraine. During which it was found out that, according to the norms of the current legislation, social and legal support is an activity to create the necessary social and legal conditions for observing constitutional rights and freedoms, meeting the social needs and interests of military personnel in the course of preparing and performing combat missions; compliance with international humanitarian law; maintaining high discipline, organization and order.</p> <p>Based on this, the author's vision of the factors, influencing the formation of the social and legal consciousness of military personnel during military service and performing tasks for their intended purpose, is formulated, and three levels of their implementation are defined: micro-level, medium level and macro-level.</p> <p>The micro level includes: basic knowledge (obtained at school, higher educational institutions, higher military educational institutions); safety conditions in the performance of service and combat missions (norms of the current legislation); socio-cultural development (the degree of development of a serviceman in all spheres of human activity under the influence of changes in the dominant system of values).</p> <p>Medium level – self-realization (realization of the potential of a serviceman through career achievements); qualification of the military team/chief (formed by the personal attitude of the team/chief to the legal norms of the current legislation and implemented by observing them).</p> <p>Macro level – the mentality of society (way of thinking, general spiritual mood of society); state policy of Ukraine (the reaction of the state to specific problems of society (or groups in this society) is a fundamental guide to action for public authorities in accordance with laws and social customs).</p> <p>Based on the results of the study, the author's position on the very legal-ideological model of the formation of the social and legal consciousness of military personnel as a component of social and legal support for the activities of the personnel of the National Guard of Ukraine and its levels is provided.</p> <p>In order to increase the effectiveness of the functioning of the legal-ideological model for the formation of the social and legal consciousness of NGU military personnel, it is advisable: within the macro-level – the state leadership adhere to the implementation of social guarantees for military personnel and strengthen the propaganda of the authority of the "man in uniform" through the media; within the framework of the middle level – the local leadership independently make decisions on improving the quality potential of personnel, based on the specifics of the assigned tasks; within the framework of the micro level – during individual training, constantly inform the personnel about the latest changes in the current legislation and instill legal consciousness for the actions taken.</p> <p>Attention is focused on the problematic issues that arise at the present stage of development of the state</p> Anastasia Midina, Oksana Orel Copyright (c) 2022 Anastasia Midina, Oksana Orel http://creativecommons.org/licenses/by/4.0 http://journals.uran.ua/sr_law/article/view/265571 Fri, 30 Sep 2022 00:00:00 +0300 Separate reasons for limiting the freedom of contract when choosing the type of transaction http://journals.uran.ua/sr_law/article/view/265544 <p>Separate reasons for limiting the freedom of contract when choosing the type of transaction have been studied. For this purpose, the author analyzed the concept and essence of limiting the freedom of contract at the stage of choosing the type of transaction, identified the grounds for limiting the freedom of contract when choosing the type of transaction, compared a number of transactions that, due to their legal nature, significantly limit the freedom of contract, in particular, we are talking about public contracts, contracts of accession, standard and preliminary contracts, as well as contracts with persons who won public bidding. </p> <p> A comprehensive methodology was used to conduct the research, which combined: the historical method, which was used in the analysis of the transformation of legislative approaches to the regulation of freedom of contract; systemic for determining and clarifying the legal nature of the restriction of freedom of contract; the formal-legal method was used in the analysis of the texts of current domestic normative acts, court practice regarding the restriction of freedom of contract; with the help of legal hermeneutics, the content of normative legal acts, regulating the procedure for choosing the type of transaction was clarified; the forecasting method made it possible to develop proposals for the optimal normative-legal regulation of the restriction of freedom of contract; methods of critical analysis became the basis for clarifying the positions of scientists. This methodology made it possible to thoroughly study empirical data, the provisions of the current legislation of Ukraine, as well as the practice of Ukrainian courts.</p> <p>The conducted research made it possible to reach and substantiate a number of conclusions. In particular, that contracts can be both public and accession ones, or only have signs of a public contract or an accession contract. At the same time, when concluding such contracts, the freedom of contract is significantly limited, both with regard to the possibility of the entrepreneur refusing to conclude a public contract, and with respect to the parties joining the accession contract or public contract, who are deprived of the opportunity to determine the terms of the contract. At the stage of concluding a public agreement and an accession agreement, only one of the parties has freedom of action regarding the conclusion.</p> <p> It is substantiated, that the freedom of contract can be limited by a standard contract, which can be both recommended at the level of subordinate legal acts and developed by any participant in civil legal relations. When concluding a preliminary contract, the freedom of the parties is limited temporarily and partially</p> Yuliia Rasko Copyright (c) 2022 Yuliia Rasko http://creativecommons.org/licenses/by/4.0 http://journals.uran.ua/sr_law/article/view/265544 Fri, 30 Sep 2022 00:00:00 +0300 Features of simplified proceedings regarding criminal offenses in the court of first instance http://journals.uran.ua/sr_law/article/view/265189 <p>Summary court proceedings regarding criminal misdemeanors are a differentiated type of court proceedings in the court of first instance. Three forms of simplification of court proceedings regarding criminal misdemeanors are singled out, in particular: 1) with accelerated holding a trial in a court session; 2) without holding a trial in a court session; 3) with holding a trial without examining the evidence regarding those circumstances that are not contested by anyone. The list of documents, the presence of which is a prerequisite for the consideration of the indictment by the court in the order of summary court proceedings, has been determined. The author states that a summary court proceeding without a trial in a court session limits the right to a fair trial, provided for by the Convention on the Protection of Human Rights and Fundamental Freedoms. It has been established, that the features of summary court proceedings regarding criminal offenses are: 1) procedural speed; 2) simplification of the procedural form; 3) greater efficiency compared to the "usual" form of court proceedings; 4) changed structure of the proof process; 5) modification (restriction) of certain principles of criminal proceedings. The definition of summary court proceedings for criminal misdemeanors is proposed. The grounds for conducting court proceedings in a simplified manner have been determined, in particular: 1) legal material ground (qualification of the accused's act as a criminal misdemeanor); 2) procedural grounds: a) the presence of the accused's consent to this procedure for consideration of the indictment; b) undisputed recognition by the accused of his/her guilt in committing the incriminated misdemeanor; c) recognition (non-dispute) by the accused of the circumstances of the proceedings, established during the investigation; d) the presence of the prosecutor's initiative (petition) to consider the indictment in a simplified manner</p> Iryna Oboronova Copyright (c) 2022 Iryna Oboronova http://creativecommons.org/licenses/by/4.0 http://journals.uran.ua/sr_law/article/view/265189 Fri, 30 Sep 2022 00:00:00 +0300 Forensic classification of battle axes http://journals.uran.ua/sr_law/article/view/264047 <p>The essence of the definition of "battle axe" has been investigated. It is determined, that it is an axe, intended for use as a cutting, chopping-stabbing, chopping-slicing and chopping-stabbing-cutting cold weapon, and consists of an iron (percussive part with a blade) and a hatchet (handle). The history of the development of battle axes - from stone to modern ones - has been studied. The material for making axes has been determined - stone, metal and other materials. For foot soldiers, a battle ax was often the main weapon, for horsemen - an auxiliary one. Battle axes were used mainly for close combat. Some types of axes were used for throwing. Axes were also widely used as ceremonial weapons. The battle ax has spread all over the world, different modifications of it have appeared in different regions. The reasons for the spread of the battle ax were the relative cheapness compared to the sword and the personal preferences of the owner. The purpose of the study was the formation of a forensic battle axes classification. The materials of the research were literary sources, scientific works and expert conclusions on the studied issues. On the basis of the conducted research, a forensic classification of battle axes is proposed.</p> <p>The main characteristics of battle axes include their type; method of action; application method; iron manufacturing technology; number of blades; blade shape; blade width; the presence of additional striking elements; iron material; the shape (cross-section) of the eyelet; the method of attaching the iron to the ax; ax length; ax shape; ax material; the way of holding (grasping) the ax; availability of additional accessories, tuning; the method of making an ax; time of manufacture; construction decoration</p> Vitalii Nikitiuk, Ihor Yaroshenko Copyright (c) 2022 Vitalii Nikitiuk, Ihor Yaroshenko http://creativecommons.org/licenses/by/4.0 http://journals.uran.ua/sr_law/article/view/264047 Fri, 30 Sep 2022 00:00:00 +0300