Європейські соціо-правові та гуманітарні студії

Constitutionalism: issues of legal thought

Dmytro Byelov — 2024-08-10

It is noted that establishing criteria for evaluating legal concepts remains one of the unresolved problems in law. Their interpretation often depends more on the subjective view of the legislator or scholar than on legal logic. At the same time, even the most detailed definition cannot encompass the full diversity of legal relations and be universally applicable. Therefore, formulating precise concepts in constitutional law is complicated by the fact that the theory and practice of national and international constitutionalism are still developing, and their terminological apparatus is still forming.

It is pointed out that the concept of “constitutionalism” has become firmly established in modern scientific discourse. Although the term has humanitarian origins, today it finds application in the natural sciences as well. However, “constitutionalism” is most often used in the humanities, especially in jurisprudence.

It is emphasized that most modern states have constitutions that define their structure and procedures for managing various spheres of life. However, the presence of a constitution is not a sufficient condition for recognizing a state as constitutional. The constitutionality of a state is not limited to the existence of a basic law, which may reflect a certain compromise of socio-political forces and establish the state structure and powers of authorities. Even if this law has supremacy over other laws and can be changed only by a special procedure, this does not guarantee true constitutionalism. Thus, a state can have a constitution but not have constitutionalism, and vice versa. The authors conclude that despite the diversity of models of constitutionalism, common principles can be identified that characterize it as a legal concept:

The supremacy of legal laws, particularly the constitution as the fundamental law;
Legal protection of individual rights and freedoms;
Institutional and legal organization of state power with horizontal and vertical distribution.

It is important to note that the universality of these principles is associated with the transformation of Western society from a religious worldview to a rational perception of the world. This change influenced the ideas about the state and society, contributed to the formation of classical liberal civil society and the concept of an autonomous individual.

International experience of legal ensuring the management of Land Cadastres in Ukraine

Natalia Havrysh — 2024-08-10

The article describes the foreign experience of land cadastre management, which is a necessary element for the formation and improvement of the national cadastral accounting system, therefore it is useful for every country to use foreign experience.

It has been established that in order to ensure the sustainable development of land relations in Ukraine, it is necessary to improve the current land cadastral system, but in the same way that foreign countries used, being at the same stage of development as Ukraine is now.

It is well-founded that the state cadastre system plays an important role in the economy, law and management of the world’s leading countries, so their experience is important, especially since Ukraine does not have sufficient such experience. Moreover, the existing experience is even harmful, because it is built on the Soviet cost model of economic and regulatory assessment of land and technical inventory of buildings.

It has been proven that until now, society does not understand the importance of cadastral registration of real estate in accordance with world traditions. The consequences of the state monopoly on land, buildings and structures of Ukraine’s Soviet past are traced in the exclusion of the term «real estate» from official use for many years. Until 1962, there was no cadastre, while the land cadastre of Great Britain has been operating since the middle of the 11th century, Sweden since the 16th century, and Prussia since the 18th century. The land cadastre in most countries of Western Europe serves as the basis for building and maintaining various types of cadastre and is based on land plots. Information systems have a significant effect in this. In most countries, objects of immovable property are firmly connected with the land. In order to solve the question, one should carefully study the original interpretation of the «single object of real estate», which is used in Spain and Great Britain. Apparently, in accordance with the principle of «a single real estate object», sooner or later Ukraine will also come to some certainty. Based on the analysis of world experience in this field, it was established that the registration of land rights occupies one of the main places in the compilation and maintenance of the state land cadastre. However, the domestic land registration system is not perfect and requires the development of adaptation measures to the conditions of the European Union (EU). Based on the legal analysis, it was concluded that the development of the national cadastre is practically in its initial state, which is why the experience of other countries is so important to us.

Digitalization as a guarantee of the right to environmental information

Nataliia Ilkiv — 2024-08-10

The article is devoted to the study of the legal framework for the use of information technologies as a component of the legal mechanism for realization of the right to environmental information. The author notes that in forming the legal framework for digitalization of environmental relations, the need to use digital technologies to create conditions for universal accessibility of environmental information and to raise environmental awareness is crucial. The author emphasizes that digitalization is at the same time a guarantee of the constitutional right of citizens to have access to information on the state of the environment.

A systematic analysis of the legal provisions which form the basis for the digitalization of environmental impact assessment and strategic environmental assessment and which serve as guarantors of the right to environmental information is carried out.

The author emphasizes the need to improve the State system of environmental monitoring and information support of public administration.

The article examines the service of recording the facts of environmental damage caused by emergencies, events, and armed aggression of the Russian Federation “EcoThreat”, which aims at recording the facts of environmental damage to the environment not only for prompt response, forecasting, management decision-making, reporting and planning regarding the recorded facts of environmental damage, as well as to ensure that citizens can exercise their rights in terms of free access to up-to-date information on recorded facts of damage to the environment as a result of emergencies, events, and armed aggression of the russian federation.

It is summarized that the significant potential of digital technologies for social development is important for ensuring public access to the environmental sphere, expanding cooperation of civil society with public authorities and business, opening up new opportunities for the realization of environmental rights and meeting the environmental needs of citizens, and ensuring an improvement in the quality of the environment and the range of public services.

Innovations to accelerate the literary digitalization of the fashion industry: using the example of the Chanel fashion house

Nataliia Kalashnik — 2024-08-10

We already know that artificial intelligence has managed to prove its uniqueness and versatility, and now it has reached fashion. Moreover, forecasts for the development of fashion for the next millennium are associated with the emergence of cutting-edge materials, original solutions, new cut lines, the emergence of new styles, the development of new marketing strategies, the search for new radical solutions that can satisfy the needs of consumers in the best individual way. Development of human capital – transformations that include the creation of a creative society and the transition to new realities – the knowledge economy.

Digital technologies are evolving to offer fashion designers more and more solutions: the labor-intensive process of moving from attractive layouts to detailed drawings, patterns and samples to adjust fit and sizing for production has been replaced by 3D modeling and nesting software to provide an effective and viable alternative.

The article presents a visual plan for a new generation experiment on innovation to accelerate the digitalization of the fashion industry: using the example of the Chanel fashion house. The digitalization of Chanel collections, which can be called “a huge innovative art project of the future of fashion”, “a new generation experiment in innovation to accelerate the literary digitalization of the fashion industry” (CHANEL) and will be able to demonstrate how the relationship of philosophy and direction through seasonal concepts and brands, will also bring a new experience thanks to the convergence of modern communications in the field of IT technologies, cultural media such as music and art, in accordance with the traditional brand image and style that Gabrielle Chanel gave us as a legacy to cherish.

20,000 Leagues Under the Water

Nataliia Kalashnik — 2024-08-10

Jules Verne was an author who broke the rules. By the beginning of the 20-th century his tales emerged as mainstays of the screen. Verne’s influence has led to more than three hundred films and television versions of his stories around the globe (and another hundred films have told about his life in documentary form). Hollywood setting the tone and standard in the best known adaptation, the Hollywood treatment on Verne in turn has had global ramification and influence. Nowadays, a film script is created to bring the literary form to the screen, and nothing can replace the mystique of the spirit of the visual sphere, but first of all, cinema! Verne, Nemo and the Nautilus have entered the world’s collective memory!

His major works, which were adapted for film many times, remained popular into the 21st century, and the “scientific romance” became a permanent fixture of Western popular entertainment. The writer discovered the poetry of science and scientific creativity for literature, brought to perfection the artistic form of the adventure novel, enriching it with new content and subordinating it to scientific and educational purposes and pedagogical intent.

The author explains, why both French and American consciousness regard Jules Verne as a popular writer of “hard” science fiction. What are the heroes of J. Verne’s novels like? Among the descriptions of the heroes and scientists, we note one: a 40-year-old man, a famous geographer, who has many scientific titles and is a member of many scientific societies, whose full name is Jacques Eliacin François Marie Paganel, who became the prototype of the literary type of the “scientific eccentric.” Thus, it is fair to note that in every Verne novel there is such an image of a scientist - such a popularizer of science, who explains a lot in the course of the novel’s actions, who makes the events in the novel useful and exciting. Quoting Vern’s contemporary scientist Paganel, the author develops a demonstrative idea of the science of the sea and ocean.

In the second chapter of the trilogy article: “Personalities: Albert 1’s contribution to the development of oceanography”, the author gives the meaning of the definition of oceanography.

Being in love with the ocean and sea voyages, as in Verne’s novels, in keeping of his “everything from the sea” theme, implying that knowledge is mined at the bottom of the ocean, with using deep love of science and technology, with a good dose of their potential for human endeavor in action, we start to get acquintence with the heritage of Prince Albert I of Monaco.

In general, on the initiative of Prince Albert I (“Scholar Prince” or the “Navigator Prince”), such scientific and humanitarian institutions were created as: the Oceanographic Institute with two branches (Oceanographic Museum in Monaco and the House of Oceans in Paris); International Hydrographic Organization; International Peace Institute; Institute of Human Paleontology in Paris; Museum of Prehistoric Anthropology of Monaco; Science Center of Monaco; Multimedia Library of Monaco; princely foundations dedicated to preserving the oceans and planet for future generations.

Since 1889, one hundred and ten volumes have been published, printed in Monaco. The president summed up his attitude towards the scientific community as follows: “And I represent the Oceanographic Institute, where scientists from all countries can work, investing their efforts. The laboratories with the museum are located in Monaco in a palace worthy of intellectual humanity; the center of dissemination dedicated to this new culture is in Paris in the academic world.”

In the third chapter: “From Oceanography to Climate Change in Cli-Fi”, the author talks about Jules Verne as the founder of a new genre in literature. Like Jules Verne, Prince Albert 1 has the gift of prediction. The seer, Prince Albert I, predicted some of the troubles facing the ocean today.

Finally, for both the Vernians and the followers of Albert I, it is a particularly fitting tribute to these explorers, who sought to popularize, through fiction and their scientific discoveries, both the wonders and dangers of the modern world, technologies that focus on questions of scientific consensus about the role of human activity in modern climate change that continue to arise in the public sphere both historically and now.

The narrator goes on to analyze novels that share the same idea, such as: Eric Brown’s The Phoenix Guardians, referring to Kim Stanley Robinson (sometimes called a science fiction genius), his series of three independent books called Science in the Capital brings together The problem of environmental disasters and global warming of the planet is also recounted as prominent examples: Janette Winterson, British writer J. G. Ballard, Cormac McCarthy, Ian McEwan, Janette Winterson. The author is interested in a survey of readers of fiction novels about climate change and comes to the conclusion that many people buy books to read because of the pleasure of reading previous novels by a particular writer or because of recommendation for reading.

In our conclusions, she argues, that Zen-like playfulness of reading fictions, prepare us for entering the knowledges like reading poetry helps to enter a state of mindfulness and intentionality, which is so necessary for the exhausting thrilling scientist`s work!

The author of the publication also introduces the reader to the work of the Oceanographic Museum of Monaco both its therapeutic oceanic function and the benefits of the ocean for its visitors, including ocean art- therapy like developing direction of psychotherapy, leading to harmonization of the internal state. The reverence for creative expression and wilderness preservation has led narrator to the art-works of Cody Roberts and Greg Lecoeur.T han the author returns to historical origins and asks the rhetorical question, what if oceanography began with Homer?

The author resumed, that not only the writers and scientists of all of the times were interested of the climate changes but also United Nations. One of the prospects for resolving the issue in the context of climate change was the report, which was adopted in 2016 at the request of governments, observer organizations, including the government of the Principality of Monaco, the Prince Albert II Foundation and their partners and published in Monaco in 2019. Thus, we can conclude, that ocean pollution is an important, but insufficiently recognized and inadequately controlled component of global pollution. “To make the Ocean known, loved and protected”, that is historic mission of the Institut océanographique under the impetus of HSH Prince Albert II of Monaco. ‘’To love the sea! The sea is everything! It covers seven tenths of the globe. His breath is pure and life-giving. In its vast desert, a person does not feel lonely, because around him he feels the beat of life... The sea is eternal movement and love, eternal life, as it was said in “Twenty Thousand Leagues Under the Sea” by J. Verne.

General characteristics of investment law in India

Anastasia Kropova — 2024-08-10

The aim of the work is a comprehensive analysis of investment law in India.

The methodological basis of the study are official websites of specialized institutions, laws, analytical reports, articles by other scientists, etc.

According to the results of the conducted research, it was found that two main legislative acts regulate investment activities in India. The first piece of legislation is the Foreign Exchange Management Act, 1999, the main objective of which is to promote foreign trade and foreign exchange and to develop and maintain the foreign exchange market in India. According to Section 5 and 6 of the Law, operations with a current currency account are allowed only on the condition that they do not have any restrictions (criminal, state, etc.). Capital account transactions mean transactions during which changes in assets or liabilities occur (referring to liabilities of resident and non-resident persons in relation to assets). The second act – Consolidated Policy on Attracting FDI in India by the Department of Trade and Industry Promotion 2020 – includes clarification of all investment norms. The policy update is in line with the policy of need to attract FDI to India, as per the plans of the Department.

In conclusion, it was found that the legal system of India is based on common law, which is based on English law. According to the Constitution of India, a quasi-federal structure has been approved, which provides for the division of legislative power between the central government and the individual states. Foreign direct investment in India is governed by two main pieces of legislation. The first is the Foreign Exchange Management Act of 1999, its main objective is to facilitate foreign trade and foreign exchange and to develop and maintain the Indian foreign exchange market. The second – Consolidated policy on attracting FDI to India. Attracting foreign direct investment in India is possible in two ways: automatic investment of FDI and obtaining permission for FDI.

Criminology significant signs of criminal offenses related to the illegal use of minerals

Sergii Marko — 2024-08-10

This scientific article is aimed at clarifying the criminologically significant signs of criminal offenses related to the illegal use of minerals (Articles 240, 240¹ of the Criminal Code of Ukraine). It is noted that the complex geopolitical and economic situation, the imperfection of legislation and other factors lead to an increase in the number of cases of illegal amber mining in Ukraine. This indicates that the specified problem needs to be solved in a theoretical and practical aspect. It was concluded that the criminological characteristics of criminal offenses related to the illegal use of minerals should be considered as an information model that displays typical features, that is, those inherent in such an array of criminal offenses, and specific ones that allow them to be separated from other groups illegal acts. Among the main characteristics of criminal offenses related to the illegal use of minerals, the following criminologically significant signs of a criminal offense are singled out: data on preparation for the commission and concealment of a criminal offense; typical techniques; time, place and circumstances of the commission; the subject of criminal encroachment; tools, means, data about the identity of the criminal, the motive and purpose of committing the criminal offense; typical traces of a criminal offence. All methods of illegal mineral extraction are divided into two groups: open method; underground way. The most common method of spontaneous extraction is hydromechanical. The subject of criminal offenses related to the illegal use of minerals can be the subsoil and minerals of national significance (except for common ones). The place of illegal extraction of minerals depends on their location, and the situation is often determined by weather conditions, the specifics of the activity of controlling bodies, and the organization of the work of individual services. The main sources and carriers of traces of committed criminal offenses are people and things. Special devices have been identified as tools for illegal amber mining. The subjects of such illegal actions can be persons both related and unrelated by nature of their professional occupations to amber mining. The usually group method of committing criminal offenses is indicated.

Control in the field of banking: concept, properties and essence

Alyona Nakonechna — 2024-08-10

The article is devoted to the study of the concept of control, its properties and essence. In the course of the study, it was found that there is no consensus on the concept of control, and especially control in the field of banking. There are so many authors, so many opinions. This ramification leads to significant gaps and collisions, for example, in law. Thus, having a vague definition of the concept leads to a variety of interpretations of the meaning and in some cases avoidance of responsibility for certain violations of the Law. The purpose of this article is to accumulate a set of concepts into a more unified one and one that in the future will help in solving certain difficult situations that arise regarding control in the field of banking.

Certain problems of normative and legal regulation as a way of administrative and legal support for the implementation and realisation of anti-epidemic measures

Dmytro Pavlenko — 2024-08-10

The author emphasises that in Ukraine there are no comprehensive scientific studies of the state of implementation of the law- making powers of the SPA on the implementation of AEMs, its inherent problems and scientifically based ways of solving them. In addition, Ukraine lacks an adequate legal basis for the implementation of regulatory and legal regulation in this area by the supreme and central executive authorities. The author emphasises that this is the reason why the state of regulatory and legal regulation of the implementation and realisation of AEMs is characterised by numerous problems and shortcomings. Among them, the author identifies the lack of a clear division of powers between the CMU and the MoH, the absence of exhaustive lists of their powers in the regulations, which results in the adoption of regulations contrary to the competence enshrined in the legislation, and the failure to adopt regulations referred to by the laws of Ukraine as the tasks of the CMU.

As a result, the author emphasises the need to solve these problems by: 1) review and harmonisation of the current legislation of Ukraine with a view to introducing an effective mechanism of regulatory and legal regulation, primarily by the supreme and central executive authorities. It should provide for a clear and logical division of powers between them, and enshrine in laws and bylaws exhaustive lists of their powers in this area; 2) introduction of an effective mechanism for monitoring the status and quality of performance of public tasks assigned to the SPA, including the adoption of the necessary bylaws.

Functional characteristics of police in a modern democratic state

Volodimyr Ulynets — 2024-08-10

The article discusses the role of police in modern democracies, focusing on their core functions and how to categorize them. It highlights the need to balance public safety with individual rights as law enforcement adapts to societal changes.

The author reviews various scholarly perspectives on police functions, tracing how these views have evolved since the Soviet era towards a more democratic approach. The paper examines the legally defined duties of Ukraine’s National Police and how these shape the police’s functional priorities.

Emphasizing crime prevention as a key police function in democracies, the author proposes a new classification system for police functions. This system includes five main areas: prevention, protection, crime response, service provision, and information sharing.

The article explores «function» as a legal concept, particularly in relation to policing. It notes that police functions stem from and serve to accomplish their assigned tasks.

In conclusion, the author offers a new definition of police functions in modern democracies, stressing their transparent, apolitical nature and focus on crime prevention and rights protection.

Impact of occupation and war losses on mental health and the subjective well-being of civilians: on the example of residents of Kharkiv and Kharkiv region under the conditions of full-scale invasion of Russia in Ukraine

Iryna Nechitailo — 2024-08-10

The article is devoted to the study of the impact of traumatic experience, in particular, related to being in the occupation, and losses in the war, on the mental health of the civilians who live near the hostilities or their epicenter (using the example of residents of the city of Kharkiv and the Kharkiv region). Conceptualized concepts of traumatic situation, traumatic experience, characterization of war losses (human, property, financial, material losses; loss of work; loss of physical and / or psychological health and loss of peace, etc.). The results of an empirical study of the mental state of civilians of Kharkiv and the Kharkiv region are presented (n = 730). In particular, according to the results of the correlation analysis, it was proven that respondents with occupation experience have more problems with sleep, in the cognitive and emotional spheres. They are more likely to believe that they have experienced a serious trauma, more often note the desire to drink alcohol before feeling intoxicated. Among them, there are more often those who are haunted by memories of recent negative events, in which paranoid moods are more common. It is noted that despite the significant losses suffered by representatives of the civilian population of Kharkiv region during the period of the full-scale invasion of Russia, they do not lose their positive attitude and self-belief, have certain achievements and value them highly, are goal-oriented, and are satisfied with family and personal relationships. However, losses still affect mental health and subjective well-being, in particular, significant losses (of loved ones, friends, one’s own home, etc.) can cause more pronounced physical and mental discomfort.