ScienceRise: Juridical Science

Integration of the legal conception into legislation and social reality

Marian Bedrii — Mon, 26 Aug 2024 00:00:00 +0300

The article is devoted to the issues of implementing a legal conception into legislation and social reality. Specifically, it explores the path that legal conceptions take from their creators' consciousness to legal doctrine, lawmaking, and law enforcement. The oral or written publication of a concept elicits an appropriate response from the environment – positive, negative, neutral, or mixed. The recognition of a legal conception determines its integration into legal doctrine (an indicator of such recognition is primarily citation). It is emphasized that legal concepts are vulnerable to plagiarism, as copyright law excludes concepts from the scope of its legal protection.

From legal doctrine, a legal conception moves into the normative base and practical realm. Generally, it initially enters legislation and then societal reality, but there are exceptions. For instance, the history of Ukrainian law knows other cases where a legal conception was implemented in societal life without prior integration into legislation. A recognized legal conception can determine the content of all or specific provisions of a law (including the constitution or code), international treaty, subordinate normative-legal act, interpretative act of a constitutional jurisdiction authority, judicial or administrative decision, etc.

A legal conception, projected onto social relations through the intermediary of legislative text, is usually not fully reflected in them. It should be understood that the norm of the legislation is applied in social life, and its content in most cases corresponds to the provisions of the concept partially and limitedly. The brevity and fragmentary nature of the text of a normative-legal act sometimes lead to misunderstanding or incorrect application of the concept's provisions, on which it was based.

Specific examples of the influence of legal conceptions on legislation and social practice in Ukraine and other countries are highlighted. The example of H. Kelsen and the historical significance of his conception of constitutional justice are considered. Certain directions of influence on the modern legal system of Ukraine by scientific conceptions of representatives of the Faculty of Law of Ivan Franko National University of Lviv are shown

Key stages of adapting the acquis communautaire to Ukraine's legal system: a historical overview

Nataliia Rastorhuieva — Mon, 26 Aug 2024 00:00:00 +0300

The article is aimed at clarifying the status of regulatory and legal support for the process of adaptation of the national legislation to the acquis communautaire. It is stated that the Ukrainian state has already completed most of the steps to join the EU. Attention is focused on the relevance of the study, which is due to Ukraine's officially obtaining the EU candidate status and the transition to the negotiation process between the EU and Ukraine on the latter's accession to the EU.

The author analyses the provisions of Ukrainian legislation and scientific research on the understanding of the concept of ‘acquis communautaire’. The author's definition of this legal phenomenon is formulated, which should be understood as the sources of EU law, standards, principles of external and internal activities and other achievements of the European Communities.

The author's own approach to distinguishing four stages of adaptation of the national legislation to the acquis communautaire in chronological order is proposed. The first stage was when Ukrainian legislation implemented the EU norms and standards to establish economic cooperation between Ukraine and the EU in various areas for the development of various relations between the partners. The second stage was a testament to the irresistible desire of Ukraine and Ukrainians to be part of the EU community and contributed to the signing and entry into force of the EU-Ukraine Association Agreement. The third stage demonstrates Ukraine's path from the signing of the EU-Ukraine Association Agreement to the EU candidate status. The fourth stage is connected with the European Council's announcement of the start of negotiations with Ukraine on the country's accession to the EU and the need for comprehensive harmonisation and adaptation of Ukrainian legislation to the EU acquis in connection with the prospect of EU membership.

It is emphasised that the implementation of the acquis communautaire into the national legal system should pursue national interests and be a political, economic, legal and social consensus on key issues of European integration transformations

Reasonableness of court decisions in the paradigm of psychological, logical and doctrinal analysis

Tetiana Lotysh, Olha Balatska — Mon, 26 Aug 2024 00:00:00 +0300

The article is devoted to the study of the concept of reasoning of court decisions through psychological, logical and doctrinal aspects. Reasonableness of court decisions is a multifaceted concept, which is influenced by the interaction of these three key aspects. Studying the characteristics of a court decision as a special type of legal document through the prism of interdisciplinary dialogue improves understanding of the processes underlying judicial thinking and the formalization of its outcome. Cognitive biases, emotional state and social pressure influence the decision-making process. The article analyzes certain psychological theories and concepts that emphasize the influence of psychological factors on the motivation of judicial decisions. The author emphasizes the importance of logical consistency in legal reasoning. The author examines the common logical techniques, used in rendering court decisions and their reasoning, and also identifies the importance of consistent and rational judgments in law enforcement. In addition, the author examines how established legal doctrines affect the characteristics of a court decision, including its motivation, and how deviations from these doctrines may affect public perception of court decisions. Understanding and taking into account psychological, logical and doctrinal aspects in the process of making a court decision is important for increasing the level of motivation of court decisions, and as a result, ensuring the right to a fair trial and building trust in the legal system in general

Legal regulation of rehabilitation assistance to military personnel during martial law

Oleksandr Ivakhnenko, Oleksandr Novykov, Andrii Glushchenko — Mon, 26 Aug 2024 00:00:00 +0300

The scientific article delves into the legal regulation of rehabilitation assistance to military personnel during martial law. The research, aimed at establishing the legal basis for providing rehabilitation assistance to military personnel during martial law, is underpinned by a robust methodological basis. The research methods employed are not only general scientific but also special legal, including theoretical-legal, formal-dogmatic, and comparative-legal methods. This thorough approach instills confidence in the validity of the research.

The results of the research consist in determining the legal basis for providing rehabilitation assistance to military personnel. It has been established that the legal regulation of providing rehabilitation assistance to military personnel is carried out by such Laws of Ukraine as "Basics of Ukrainian legislation on health care," "On rehabilitation in the field of health care," "On social and legal protection of military personnel and their family members." The specifics of providing rehabilitation assistance to military personnel during martial law are determined. It has been established that the Ministry of Defense of Ukraine’s structure includes a network of centers for medical rehabilitation and sanatorium-resort treatment of military personnel. It has been found that rehabilitation assistance for military personnel can occur in rehabilitation institutions and healthcare institutions with rehabilitation departments, subordinated to the Ministry of Health of Ukraine or other ministries. The legal grounds for sending military personnel to provide rehabilitation in foreign healthcare institutions have been analyzed. It is indicated that the decision to send military personnel to a rehabilitation institution for rehabilitation assistance is made based on the conclusion of the military medical commission. The importance of the existing state target program for providing rehabilitation assistance to defenders of Ukraine is emphasized.

A conclusion was drawn on the necessity of enshrining a separate section in the Law of Ukraine, "On Rehabilitation in the Field of Health Care," dedicated to the specifics of the rehabilitation of military, injured in hostilities.

Legal regulation of vacations of medical workers in Ukraine according to labor legislation

Vladyslav Teremetskyi, Lesya Rusnak — Mon, 26 Aug 2024 00:00:00 +0300

The relevance of this scientific research lies in clarifying the nature and features of the legal regulation of vacations for medical workers in Ukraine. The purpose of this study is to determine the specifics of the legal regulation of the types of vacations that may be granted to medical workers. The methodological basis of the study was general scientific and special legal methods of knowledge, in particular theoretical, formal, dogmatic, and comparative legal methods.

The results of the study are that the rest time of a medical worker is proposed to be understood as a period of release from professional duties for the restoration of work capacity and professional development. Several features of the legal regulation of medical workers’ vacations have been identified.

Please note that additional vacation may be assigned to medical workers of various specialties along with the main vacation. Additional vacations lasting 7 to 25 days are granted to medical workers of certain specialties who work in certain healthcare institutions due to harmful or special working conditions. Additional vacations are established for such medical workers as psychiatrists, pathologists, resuscitators, anesthesiologists, obstetricians, epidemiologists, doctors of medical and social expert commissions, bureaus of forensic medical examinations, and health care institutions for the fight against AIDS. It is emphasized that specific categories of medical workers have the right to additional vacation in connection with the experience of continuous work in rural areas or at another place of work. Also, medical workers have the right to use all types of additional social vacations, established for all categories of workers in Ukraine.

The study concludes that a special Ukrainian law "On the Status of Medical Workers" would improve the legal regulation of medical workers’ labor relations. Taking into account the provisions of the current legislation, an author’s definition of the term "medical worker" has been formulated

Problems of criminal responsibility for illegal deportation of children

Anna Politova — Mon, 26 Aug 2024 00:00:00 +0300

This article is concerning on the actual problem of criminal responsibility for illegal deportation of children. It has been stressed by the author that illegal deportation of children is of particular concern, although it is almost impossible to document and establish the total number of such cases at the occupied territories. Certain problems arise in the qualification of such encroachments under the Criminal Code of Ukraine, which should be taken into account when developing the draft of a new one.

An emphasis has been made upon the definition of the term of “child” in international law and national legislation. It has been established that international law has a clear mechanism for the protection of children’s rights against illegal displacement or deportation. It has been also noted that the national legislation has an acute problem in the regulation of the use of the terminology “deportation”, “forcible displacement” and “illegal removal” and the definition of criteria for their distinction.

An analysis of the provisions of the drafts of Law of Ukraine “On Amendments to the Criminal Code of Ukraine and other legislative acts of Ukraine regarding forcible displacement of a person in conditions of armed aggression” (Reg. No. 8326 dated 12/30/2022) and Law of Ukraine “On Amendments to the Criminal Code of Ukraine regarding forcible displacement of a person outside the territory of Ukraine” (Reg. No. 9204 dated 04/13/2023) has been made, their shortcomings have been indicated.

It has been demonstrated that the Article 11.5.11. “Illegal abduction of a child” of the draft of the Criminal Code refers to the abduction of a child. The main direct object of such criminal act is the freedom of the child, which proves that this act cannot be attributed to Book Eleven. “Crimes against the international legal order” of the draft of the Criminal Code.

Based on the results of the study, it has been concluded that the illegal deportation of children poses a threat to the national security of Ukraine; the necessity of further scientific development of this issue has been augmented

European experience in counteracting disinformation influences

Alla Kovalchuk, Bogdana Cherniavska — Mon, 26 Aug 2024 00:00:00 +0300

Information-psychological influences, attacks, and operations do not have a physical manifestation but generate destabilizing internal and external processes within a state. These processes cause aggression, anxiety, and dissatisfaction among the population, potentially leading to open physical conflict. The use of the Internet enables extremist organizations to access mass media, spreading propaganda, informing about their goals, tasks, measures, and forms of support. The authors emphasize the significant impact of modern information and communication technologies on increasing threats to political stability and the security of any state. The aim of this paper is to highlight foreign experiences regarding organizational and legal measures that prevent the spread of disinformation, aimed at inciting hostility and hatred within a state. The study draws on experiences from large-scale protest actions, organized and coordinated through social networks on the Internet. The authors note that blogs, social networks, electronic maps, and video hosting sites are currently used without restrictions for political destabilization. Social networks enable immediate support from like-minded individuals and the publication of extremist materials, which contribute to the escalation of socio-political, ethnic, and interfaith conflicts. The main research methods are comparative analysis, statistical method, historical method, structural-functional method of cognition. Having studied the periods of formation of the system for countering the spread of disinformation in the EU, the authors concluded that the work on countering the spread of disinformation is conducted comprehensively and systematically and is constantly being improved in accordance with the challenges. In the EU countries, not only the practice of combating disinformation has been developed, but also an array of normative legal acts has been adopted to prevent the spread of disinformation. The European experience demonstrates the importance of a balance between freedom of speech and security measures in the information space. Such a comprehensive and conceptual approach should be the basis for creating a system for countering the spread of disinformation in Ukraine.

Parliamentary diplomacy in the European and Asian regions: international legal framework and comparative analysis

Nataliia Kaminska, Artem Kovalov — Mon, 26 Aug 2024 00:00:00 +0300

The article is dedicated to the study of the peculiarities of parliamentary diplomacy in the European and Asian regions. It is clear that it is important for the theoretical, constitutional, legal and international legal studies to pay attention to the essential characteristics of this phenomenon, the current parliamentary diplomacy with the participation of the European powers, their parliaments, as opposite of the Institute of Parliamentary Diplomacy in Asia and other regions. This form of international cooperation in the sphere of parliamentarism is based on an international treaty basis (Statute for the sake of Europe, Statute of the PS OIC) and internal organizational acts (Rules of Procedure of the PA OSCE) etc. Institutional mechanisms for the implementation of parliamentary diplomacy include in Europe - PACE, PA OSCE, PABSEC, PA GUAM, Parliamentary Assembly of the Mediterranean, independent parliamentary organizations (Interparliamentary Union) etc.; in Asia – APA, Asian Forum of Parliamentarians on Population and Development, Association of Regional Health Sciences of New Asia, Along with mutual relations and changes in trust in Asia, PS OIC, Turkic Rada, Shanghai Organization of Social Development and etc.

Ukraine, in particular parliamentary delegations, takes an active part in parliamentary diplomacy in the European region, especially in connection with the large-scale invasions of the russian federation and the need for international support. At the same time, there is an obvious need for coordination and interaction between the various parliamentary assemblies and parliamentary unions of different regions of the world, in the context of globalization and integration, the value of democracy, international security and law and order