The article analyzes electronic elections as the latest transformative phenomenon of modern legal reality. Grouped advantages of electronic voting: voting in the electronic system is implemented faster, and there is no need to physically visit the polling station; electronic systems can enable people with physical limitations to vote, providing them with a choice of polling station; increase in voter turnout, in particular at the expense of young people, who are usually passive participants in the political process; electronic systems may have built-in security mechanisms that make the possibility of fraudulent vote counting more difficult; can provide the opportunity to vote remotely to citizens who are outside their state; replacing traditional paper voting with electronic voting can reduce the costs of printing and processing ballots; wide possibilities for analysis and statistical processing of data; the possibility of counting votes in real time; the possibility of implementing vote verification and audit mechanisms, as electronic systems can be equipped with tools to verify the accuracy of votes. Motivated that the implementation of e-voting in times of crisis requires a particularly high level of security and protection to avoid possible influence from outside or internal threats, an additional criterion for the legitimacy of e-voting is to ensure the availability of this technology to all sections of society, including those who may have limited access to the Internet or technical means. It has been proven that if the duration of the war is extended, electronic governance can become the only possible means for getting out of the political and legal crisis, renewing the power apparatus and democratizing state institutions. However, the implementation of such technologies should be used as an exclusive alternative for persons who are combatants or civilians living near the arena of hostilities, in other (relatively calm) territory, the classical system of the election process cannot be replaced by other forms, because this will lead to significant threats illegitimacy of the entire election procedure.
{"title":"Electronic elections as the newest transformational phenomenon of modern legal reality","authors":"Ksenia Filipchuk","doi":"10.23939/law2023.39.297","DOIUrl":"https://doi.org/10.23939/law2023.39.297","url":null,"abstract":"The article analyzes electronic elections as the latest transformative phenomenon of modern legal reality. Grouped advantages of electronic voting: voting in the electronic system is implemented faster, and there is no need to physically visit the polling station; electronic systems can enable people with physical limitations to vote, providing them with a choice of polling station; increase in voter turnout, in particular at the expense of young people, who are usually passive participants in the political process; electronic systems may have built-in security mechanisms that make the possibility of fraudulent vote counting more difficult; can provide the opportunity to vote remotely to citizens who are outside their state; replacing traditional paper voting with electronic voting can reduce the costs of printing and processing ballots; wide possibilities for analysis and statistical processing of data; the possibility of counting votes in real time; the possibility of implementing vote verification and audit mechanisms, as electronic systems can be equipped with tools to verify the accuracy of votes. Motivated that the implementation of e-voting in times of crisis requires a particularly high level of security and protection to avoid possible influence from outside or internal threats, an additional criterion for the legitimacy of e-voting is to ensure the availability of this technology to all sections of society, including those who may have limited access to the Internet or technical means. It has been proven that if the duration of the war is extended, electronic governance can become the only possible means for getting out of the political and legal crisis, renewing the power apparatus and democratizing state institutions. However, the implementation of such technologies should be used as an exclusive alternative for persons who are combatants or civilians living near the arena of hostilities, in other (relatively calm) territory, the classical system of the election process cannot be replaced by other forms, because this will lead to significant threats illegitimacy of the entire election procedure.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"204 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139349508","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article is devoted to the analysis of the features of the existing electoral systems, the determination of their advantages and disadvantages, and how exactly they correlate with the level of democracy in society. It has been established that the opponents of the majoritarian system include the following as its objective disadvantages: a) the majority system of the absolute majority – the fact that the votes cast for defeated candidates are actually lost (in addition, the number of these votes can be close to half of those cast in the district); b) the majoritarian system of the relative majority - the fact that a significant number of voters' votes (usually more than half) remain "thrown away" and are not taken into account during the distribution of mandates, and the picture of the actual ratio of political forces in the state is distorted: the party that received a minority of voters' votes , can get the majority of the parliamentary seats. That is, we can say that the majoritarian system is a "crooked mirror" in which the political essence of the state is reflected. As a rule, in countries with a majoritarian system, single-mandate constituencies are formed, the option of forming multi-mandate constituencies is less common. Elections are usually held in two or even three rounds. It has been found that the proportional electoral system with open lists, provided for by the Election Code of Ukraine for the elections of people's deputies, has a number of advantages of application in our state, namely: the general interest of citizens in the electoral process will increase, voters will be more careful in choosing worthy candidates; under this electoral system, a direct connection is established between a specific candidate and a voter, because voters know who they are voting for; the influence of corruption schemes will decrease and the chances that the parties will be able to send unprofessional candidates to the Verkhovna Rada of Ukraine will decrease significantly; competition between politicians in the party itself should increase, each deputy will be forced to work so that he is elected by the voters, and not to think about how to buy "passing" seats.
{"title":"Electoral systems: advantages, disadvantages, search for optimal options","authors":"Olena Romtsiv, Liubov Mykiievych","doi":"10.23939/law2023.39.281","DOIUrl":"https://doi.org/10.23939/law2023.39.281","url":null,"abstract":"The article is devoted to the analysis of the features of the existing electoral systems, the determination of their advantages and disadvantages, and how exactly they correlate with the level of democracy in society. It has been established that the opponents of the majoritarian system include the following as its objective disadvantages: a) the majority system of the absolute majority – the fact that the votes cast for defeated candidates are actually lost (in addition, the number of these votes can be close to half of those cast in the district); b) the majoritarian system of the relative majority - the fact that a significant number of voters' votes (usually more than half) remain \"thrown away\" and are not taken into account during the distribution of mandates, and the picture of the actual ratio of political forces in the state is distorted: the party that received a minority of voters' votes , can get the majority of the parliamentary seats. That is, we can say that the majoritarian system is a \"crooked mirror\" in which the political essence of the state is reflected. As a rule, in countries with a majoritarian system, single-mandate constituencies are formed, the option of forming multi-mandate constituencies is less common. Elections are usually held in two or even three rounds. It has been found that the proportional electoral system with open lists, provided for by the Election Code of Ukraine for the elections of people's deputies, has a number of advantages of application in our state, namely: the general interest of citizens in the electoral process will increase, voters will be more careful in choosing worthy candidates; under this electoral system, a direct connection is established between a specific candidate and a voter, because voters know who they are voting for; the influence of corruption schemes will decrease and the chances that the parties will be able to send unprofessional candidates to the Verkhovna Rada of Ukraine will decrease significantly; competition between politicians in the party itself should increase, each deputy will be forced to work so that he is elected by the voters, and not to think about how to buy \"passing\" seats.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"156 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139349486","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstracts. The article provides a comprehensive analysis of the functioning mechanism of the constitutional legal order under martial law, in particular the means and methods by which it can protect constitutional values, rights and identity from internal and external threats, and also offers practical recommendations for preventing the possible involution of constitutionalism in the post-war period. The author believes that after the large-scale invasion of the Russian Federation on the territory of Ukraine, the practical paradigm of Ukrainian constitutionalism acquired new features. First, it is a change in the ideological component of the content of constitutionalism - constitutional legal awareness in the direction of raising the national idea, national identity, and affirming the national dignity of Ukrainians. At the same time, it is based on the European model of constitutionalism, which corresponds to universal human values, first of all, human dignity and freedom, which are unchanged even under martial law. Secondly, these are changes in the functional mechanism of constitutionalism, which are caused by the need for public authorities to ensure a balance between the security and freedom of citizens with the unwavering observance of fundamental human rights and freedoms, which cannot be limited even in war. Thirdly, the formation of a new identity around the new (post-war) constitution, which should become an expression of the hope of the entire Ukrainian people for their dignified political and socio-economic future in a united Europe. The author of the article claims that the war in Ukraine has a pronounced existential character, as it directly affects the choice of the future of every Ukrainian and the Ukrainian political nation in general. In this war, Ukrainians defend not only their right to exist as a separate ethnic group, but also universal, European values, which are reflected in the Constitution of Ukraine - above all, the idea of freedom and democracy. The European choice of the Ukrainian people is the result of the Orange Revolution and the Revolution of Dignity. This choice remained unchanged even during the war. In the conditions of war, the legitimacy of the use of extraordinary measures by state authorities lies in two areas: first, such measures must be urgent and eliminate the threat to the constitutional order, in particular, the viability of the nation in the event of external aggression; second, accountability and control of the government, which includes parliamentary and judicial control. In such a situation, the institutional capacity of the state to ensure human rights and freedoms is important. A special role is assigned to the judiciary, which must ensure the inalienable, inalienable right of a person to free access to justice. The article focuses attention on the importance of the Constitutional Court of Ukraine, local self-government bodies and institutions of civil society in ensuring human rights in extraor
{"title":"Ukrainian constitutionalism in the conditions of war: the struggle for values, rights and identity","authors":"Vitaliy Kovalchuk","doi":"10.23939/law2023.39.250","DOIUrl":"https://doi.org/10.23939/law2023.39.250","url":null,"abstract":"Abstracts. The article provides a comprehensive analysis of the functioning mechanism of the constitutional legal order under martial law, in particular the means and methods by which it can protect constitutional values, rights and identity from internal and external threats, and also offers practical recommendations for preventing the possible involution of constitutionalism in the post-war period. The author believes that after the large-scale invasion of the Russian Federation on the territory of Ukraine, the practical paradigm of Ukrainian constitutionalism acquired new features. First, it is a change in the ideological component of the content of constitutionalism - constitutional legal awareness in the direction of raising the national idea, national identity, and affirming the national dignity of Ukrainians. At the same time, it is based on the European model of constitutionalism, which corresponds to universal human values, first of all, human dignity and freedom, which are unchanged even under martial law. Secondly, these are changes in the functional mechanism of constitutionalism, which are caused by the need for public authorities to ensure a balance between the security and freedom of citizens with the unwavering observance of fundamental human rights and freedoms, which cannot be limited even in war. Thirdly, the formation of a new identity around the new (post-war) constitution, which should become an expression of the hope of the entire Ukrainian people for their dignified political and socio-economic future in a united Europe. The author of the article claims that the war in Ukraine has a pronounced existential character, as it directly affects the choice of the future of every Ukrainian and the Ukrainian political nation in general. In this war, Ukrainians defend not only their right to exist as a separate ethnic group, but also universal, European values, which are reflected in the Constitution of Ukraine - above all, the idea of freedom and democracy. The European choice of the Ukrainian people is the result of the Orange Revolution and the Revolution of Dignity. This choice remained unchanged even during the war. In the conditions of war, the legitimacy of the use of extraordinary measures by state authorities lies in two areas: first, such measures must be urgent and eliminate the threat to the constitutional order, in particular, the viability of the nation in the event of external aggression; second, accountability and control of the government, which includes parliamentary and judicial control. In such a situation, the institutional capacity of the state to ensure human rights and freedoms is important. A special role is assigned to the judiciary, which must ensure the inalienable, inalienable right of a person to free access to justice. The article focuses attention on the importance of the Constitutional Court of Ukraine, local self-government bodies and institutions of civil society in ensuring human rights in extraor","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"33 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139349415","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article is devoted to the definition of aspects of balance in the implementation of the principle of openness and transparency of the civil service institute, as well as consideration of this issue in the context of the challenges of the information society, in particular, in relation to "cyber-sovereignization". The principle of openness and transparency includes a number of aspects so that it is equally ensured both in the election and inter-election periods, at the stage of normative design, decision-making and its implementation. It is motivated by the fact that the crisis of political and legal reality, military actions, attacks on the electronic government system creates the need to determine the limits of openness and accessibility of the activities of public authorities. In the context of "cybersovereignization" it is stated that the idea of imposing sovereignty on the Internet, that is, the distribution and control of information resources within the territorial integrity of a state is often considered technically impossible, but recent studies have shown that specialized governments can change the routing and data flows according to national preferences if they want to have the political will and resources for it. It is indicated that when implementing the process of the principle of openness and transparency in the civil service institute, it is important to achieve a balance between ensuring citizens' access to information and preserving confidentiality and security. An important aspect is the establishment of clear procedures and standards for the processing and disclosure of information that take into account the regulatory framework and the specifics of the work of civil servants. At the same time, it is necessary to provide the public with access to key information about the institute's activities, including decision-making and execution of tasks, ensuring the openness of intellectual property, a high level of trust in state institutions and increasing the efficiency of their functioning. At the same time, it should be concluded that some information may be limited to review due to its confidential nature or may affect the security of the state, such cases require reasonable measures to restrict access to information. In general, balance in the implementation of the principle of openness and transparency in the civil service institute is a factor for ensuring the effectiveness of management and trust in the power structures.
{"title":"The aspect of balance in the implementation of the principle of openness and transparency of the civil service institute: the issue of “Cyber sovereignity”","authors":"Ruslan Sydorovych","doi":"10.23939/law2023.39.028","DOIUrl":"https://doi.org/10.23939/law2023.39.028","url":null,"abstract":"The article is devoted to the definition of aspects of balance in the implementation of the principle of openness and transparency of the civil service institute, as well as consideration of this issue in the context of the challenges of the information society, in particular, in relation to \"cyber-sovereignization\". The principle of openness and transparency includes a number of aspects so that it is equally ensured both in the election and inter-election periods, at the stage of normative design, decision-making and its implementation. It is motivated by the fact that the crisis of political and legal reality, military actions, attacks on the electronic government system creates the need to determine the limits of openness and accessibility of the activities of public authorities. In the context of \"cybersovereignization\" it is stated that the idea of imposing sovereignty on the Internet, that is, the distribution and control of information resources within the territorial integrity of a state is often considered technically impossible, but recent studies have shown that specialized governments can change the routing and data flows according to national preferences if they want to have the political will and resources for it. It is indicated that when implementing the process of the principle of openness and transparency in the civil service institute, it is important to achieve a balance between ensuring citizens' access to information and preserving confidentiality and security. An important aspect is the establishment of clear procedures and standards for the processing and disclosure of information that take into account the regulatory framework and the specifics of the work of civil servants. At the same time, it is necessary to provide the public with access to key information about the institute's activities, including decision-making and execution of tasks, ensuring the openness of intellectual property, a high level of trust in state institutions and increasing the efficiency of their functioning. At the same time, it should be concluded that some information may be limited to review due to its confidential nature or may affect the security of the state, such cases require reasonable measures to restrict access to information. In general, balance in the implementation of the principle of openness and transparency in the civil service institute is a factor for ensuring the effectiveness of management and trust in the power structures.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"29 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139349617","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Summary. In today's conditions, the research of the legal framework in the field of notary is more relevant than ever. This is due to the fact that in the conditions of martial law, the notary, as well as other structures representing our state, underwent significant changes for the sake of the country's security. That is why the purpose of this article was to study certain aspects of notarial acts during martial law in Ukraine, which focused on research on the disclosure of legislation, protection of citizens' rights, the role of notaries and their duties during martial law on issues such as certification of documents , divorce, execution of powers of attorney, alienation of real estate, inheritance, etc. For this, in the process of writing, we used a number of research methods, namely methods of the philosophical, general scientific and special scientific level. Thus, among the philosophical methods of scientific knowledge, we used such methods as the method of dialectical knowledge (which helped to ensure the objectivity, comprehensiveness, specificity and completeness of the research), as well as the logical method (where the main techniques are analysis and synthesis, induction and deduction, analogy , descent from the concrete to the abstract and from the abstract to the concrete), etc. Among general scientific methods, we used such methods as system analysis, target, technical-legal and comparative-legal methods, which allowed us to comprehensively analyze the legislative provisions that underwent changes in the wartime conditions in the field of notary. At the same time, we also used such special scientific methods as formal-dogmatic (in the analysis of external forms of law) and interpretation of law, which were necessary to clarify the content of a number of principles and norms of national law, which contributed to the identification of certain patterns of formation, functioning and development of the notary in the conditions of war. As a result of the conducted research, we determined that despite the updating and adoption of a number of new normative legal acts in the field of notary, nevertheless, our state managed to inform notaries in a timely manner about all the changes made to legislative acts, which allows us to ensure the security of notaries in the conditions of war in Ukraine not only citizens of Ukraine, but also their rights and property in the field of notary, as well as the safety of notaries in the field of their activities. This gives us reason to assert that Ukraine, as certain problems related to the war in Ukraine arise, take all necessary actions for the safety of Ukrainian citizens and the regulated activity of notaries.
{"title":"Separate issues of performing notarial deeds during marital state in Ukraine","authors":"Maksym Syrovatchenko","doi":"10.23939/law2023.39.134","DOIUrl":"https://doi.org/10.23939/law2023.39.134","url":null,"abstract":"Summary. In today's conditions, the research of the legal framework in the field of notary is more relevant than ever. This is due to the fact that in the conditions of martial law, the notary, as well as other structures representing our state, underwent significant changes for the sake of the country's security. That is why the purpose of this article was to study certain aspects of notarial acts during martial law in Ukraine, which focused on research on the disclosure of legislation, protection of citizens' rights, the role of notaries and their duties during martial law on issues such as certification of documents , divorce, execution of powers of attorney, alienation of real estate, inheritance, etc. For this, in the process of writing, we used a number of research methods, namely methods of the philosophical, general scientific and special scientific level. Thus, among the philosophical methods of scientific knowledge, we used such methods as the method of dialectical knowledge (which helped to ensure the objectivity, comprehensiveness, specificity and completeness of the research), as well as the logical method (where the main techniques are analysis and synthesis, induction and deduction, analogy , descent from the concrete to the abstract and from the abstract to the concrete), etc. Among general scientific methods, we used such methods as system analysis, target, technical-legal and comparative-legal methods, which allowed us to comprehensively analyze the legislative provisions that underwent changes in the wartime conditions in the field of notary. At the same time, we also used such special scientific methods as formal-dogmatic (in the analysis of external forms of law) and interpretation of law, which were necessary to clarify the content of a number of principles and norms of national law, which contributed to the identification of certain patterns of formation, functioning and development of the notary in the conditions of war. As a result of the conducted research, we determined that despite the updating and adoption of a number of new normative legal acts in the field of notary, nevertheless, our state managed to inform notaries in a timely manner about all the changes made to legislative acts, which allows us to ensure the security of notaries in the conditions of war in Ukraine not only citizens of Ukraine, but also their rights and property in the field of notary, as well as the safety of notaries in the field of their activities. This gives us reason to assert that Ukraine, as certain problems related to the war in Ukraine arise, take all necessary actions for the safety of Ukrainian citizens and the regulated activity of notaries.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"37 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139349670","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The full-scale invasion of the Russian Federation created new problems related to treason. The issue of treason is relevant in today's conditions, because it always remains a place for ensuring national security, sovereignty and inviolability of the state. Treason is a serious criminal activity that can bring colossal consequences for the future state. The article reveals shortcomings in the legislation associated with an insufficiently effective system of regulation, implementation and execution of punishments, research and analysis of the problems of criminal prosecution for treason in the conditions of war in Ukraine is carried out. Attention is focused on the issues of a fair trial, rights of protection of plaintiffs and compliance with international legal norms. The article examines the legal status and definition of treason in Ukrainian legislation, as well as statistics on the consideration of treason cases during the full-scale invasion of the Russian Federation. The article highlights the current problems of criminal prosecution for treason in the conditions of the war in Ukraine, which threatens the national security of the state - peculiarities and problems of implementation. . An important aspect is the determination of which specific actions can be considered treason and which interests of the state are violated. The issue of treason can become the subject of political manipulation and persecution. The state needs to maximally ensure the fair punishment of those citizens of Ukraine who commit criminal offenses against the national security of Ukraine in wartime conditions. The authorities must ensure adequate protection of national security and the ability to effectively respond to threats. Ukrainian legislation needs further work on improving the definition and application of the concept of treason, as well as providing legal guarantees to protect citizens from possible abuses.
{"title":"Problems of prosecuting criminal responsibility for treason in the conditions of war in Ukraine","authors":"Rostyslav Bundz, Oksana Pіdhorodetska","doi":"10.23939/law2023.39.157","DOIUrl":"https://doi.org/10.23939/law2023.39.157","url":null,"abstract":"The full-scale invasion of the Russian Federation created new problems related to treason. The issue of treason is relevant in today's conditions, because it always remains a place for ensuring national security, sovereignty and inviolability of the state. Treason is a serious criminal activity that can bring colossal consequences for the future state. The article reveals shortcomings in the legislation associated with an insufficiently effective system of regulation, implementation and execution of punishments, research and analysis of the problems of criminal prosecution for treason in the conditions of war in Ukraine is carried out. Attention is focused on the issues of a fair trial, rights of protection of plaintiffs and compliance with international legal norms. The article examines the legal status and definition of treason in Ukrainian legislation, as well as statistics on the consideration of treason cases during the full-scale invasion of the Russian Federation. The article highlights the current problems of criminal prosecution for treason in the conditions of the war in Ukraine, which threatens the national security of the state - peculiarities and problems of implementation. . An important aspect is the determination of which specific actions can be considered treason and which interests of the state are violated. The issue of treason can become the subject of political manipulation and persecution. The state needs to maximally ensure the fair punishment of those citizens of Ukraine who commit criminal offenses against the national security of Ukraine in wartime conditions. The authorities must ensure adequate protection of national security and the ability to effectively respond to threats. Ukrainian legislation needs further work on improving the definition and application of the concept of treason, as well as providing legal guarantees to protect citizens from possible abuses.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"19 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139349565","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article reveals the mechanisms of influence of religious organizations on international relations and the dynamics of their influence on the solution of international legal problems in the conditions of globalization. In the conditions of globalization of world processes and growing tendencies towards interdependence in international relations, religion acts as an optimal mode of self-identification of individual countries, interstate associations and unions. Currently, we are observing the growth of the number of international religious organizations and foundations, religious parties and movements whose functioning and activities are of an international nature. Religious organizations develop and adopt their international agreements, which usually do not have a normative legal nature, but are taken into account by the world community and states during the development of new international legal standards on matters of religion. It was noted that the Christian influence affects the perspective of the evolutionary movement of the international legal system and ensuring its stability. Thus, the humanization of the legal systems of states through the prohibition of the death penalty, the rejection of cruel punishments and those that degrade human dignity, the softening of the conditions for serving punishments, and the expansion of the range of human social rights have a clearly expressed Christian color. The influence of religious organizations on international law can be traced at various levels of its existence and formation. The religious factor affects the development of law as a normative regulator, as well as a form of social and individual consciousness, a mode of spiritual development. It has been proven that modern religious doctrines are an important factor that determines both the specifics of the political process of an individual state and the trends of international life. The latter gives reason to assert that despite the fact that the process of modernization of religious organizations is taking place, in the 21st century they will continue to determine the nature of international relations in the future.
{"title":"The influence of religious organizations on the solution of international legal problems in globalization","authors":"T. Harasymiv","doi":"10.23939/law2023.39.007","DOIUrl":"https://doi.org/10.23939/law2023.39.007","url":null,"abstract":"The article reveals the mechanisms of influence of religious organizations on international relations and the dynamics of their influence on the solution of international legal problems in the conditions of globalization. In the conditions of globalization of world processes and growing tendencies towards interdependence in international relations, religion acts as an optimal mode of self-identification of individual countries, interstate associations and unions. Currently, we are observing the growth of the number of international religious organizations and foundations, religious parties and movements whose functioning and activities are of an international nature. Religious organizations develop and adopt their international agreements, which usually do not have a normative legal nature, but are taken into account by the world community and states during the development of new international legal standards on matters of religion. It was noted that the Christian influence affects the perspective of the evolutionary movement of the international legal system and ensuring its stability. Thus, the humanization of the legal systems of states through the prohibition of the death penalty, the rejection of cruel punishments and those that degrade human dignity, the softening of the conditions for serving punishments, and the expansion of the range of human social rights have a clearly expressed Christian color. The influence of religious organizations on international law can be traced at various levels of its existence and formation. The religious factor affects the development of law as a normative regulator, as well as a form of social and individual consciousness, a mode of spiritual development. It has been proven that modern religious doctrines are an important factor that determines both the specifics of the political process of an individual state and the trends of international life. The latter gives reason to assert that despite the fact that the process of modernization of religious organizations is taking place, in the 21st century they will continue to determine the nature of international relations in the future.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"157 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139349595","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract. The spread of a new type of coronavirus infection, COVID-19, is no longer an emergency of international concern. This decision was adopted by the World Health Organization on May 5. The epidemic of coronavirus infection, which began at the end of 2019 in China, was declared by WHO in January 2020 as an emergency situation of international importance in the field of health care. After the epidemic spread to other countries, it was declared a pandemic in March 2020. Many countries resorted to unprecedented quarantine measures, which affected the world economy and people's lives. Lockdowns and a mask regime were introduced, borders were closed, and air traffic between countries was interrupted. After mass vaccination and the appearance of new, less lethal strains, the number of deaths decreased sharply - if in January 2021, about 100,000 people died of COVID-19 in a week, then in April 2023 - 3,500. The reduction in mortality made it possible to cancel most of the restrictive measures during 2022. According to the WHO, about 20 million people have become victims of the disease over the past three years and several months. These are all deaths related to infection. According to official data collected by the American Johns Hopkins Institute, the coronavirus infection itself caused the death of about 7 million people. WHO emphasizes that the virus has not disappeared, people continue to get sick, and the infection is likely to remain in the human population as a respiratory disease. The role of the ban as a method of legal regulation during the coronavirus pandemic in Ukraine is studied. The legislative measures adopted in Ukraine to combat the spread of COVID-19 and their effectiveness are analyzed. The impact of bans on civil rights and freedoms is considered, and alternative methods of legal regulation are explored. As a result of the scientific investigation, recommendations were made regarding the optimal use of prohibitions during the coronavirus pandemic, taking into account the protection of public health and the preservation of civil rights and freedoms. The legislative measures adopted in Ukraine to combat the spread of the coronavirus are considered. Aspects such as banning mass events, closing non-residential premises, restricting the movement of the population and others are analyzed. The effectiveness of these measures in reducing the number of cases of the disease, as well as their impact on the dynamics of the spread of the virus, is being studied. The article analyzes how the bans affect freedom of movement, freedom of choice, freedom of religion and other basic civil rights. Issues related to restrictions on human rights and the possibility of violation of the guarantees provided for by the Constitution of Ukraine and international treaties are considered. Conclusions and recommendations regarding the optimal use of bans during the coronavirus pandemic in Ukraine are formulated. A conclusion was made about the effectiveness
{"title":"Prohibition as a method of legal regulation during the coronavirus pandemic in Ukraine","authors":"R. Kelman","doi":"10.23939/law2023.39.128","DOIUrl":"https://doi.org/10.23939/law2023.39.128","url":null,"abstract":"Abstract. The spread of a new type of coronavirus infection, COVID-19, is no longer an emergency of international concern. This decision was adopted by the World Health Organization on May 5. The epidemic of coronavirus infection, which began at the end of 2019 in China, was declared by WHO in January 2020 as an emergency situation of international importance in the field of health care. After the epidemic spread to other countries, it was declared a pandemic in March 2020. Many countries resorted to unprecedented quarantine measures, which affected the world economy and people's lives. Lockdowns and a mask regime were introduced, borders were closed, and air traffic between countries was interrupted. After mass vaccination and the appearance of new, less lethal strains, the number of deaths decreased sharply - if in January 2021, about 100,000 people died of COVID-19 in a week, then in April 2023 - 3,500. The reduction in mortality made it possible to cancel most of the restrictive measures during 2022. According to the WHO, about 20 million people have become victims of the disease over the past three years and several months. These are all deaths related to infection. According to official data collected by the American Johns Hopkins Institute, the coronavirus infection itself caused the death of about 7 million people. WHO emphasizes that the virus has not disappeared, people continue to get sick, and the infection is likely to remain in the human population as a respiratory disease. The role of the ban as a method of legal regulation during the coronavirus pandemic in Ukraine is studied. The legislative measures adopted in Ukraine to combat the spread of COVID-19 and their effectiveness are analyzed. The impact of bans on civil rights and freedoms is considered, and alternative methods of legal regulation are explored. As a result of the scientific investigation, recommendations were made regarding the optimal use of prohibitions during the coronavirus pandemic, taking into account the protection of public health and the preservation of civil rights and freedoms. The legislative measures adopted in Ukraine to combat the spread of the coronavirus are considered. Aspects such as banning mass events, closing non-residential premises, restricting the movement of the population and others are analyzed. The effectiveness of these measures in reducing the number of cases of the disease, as well as their impact on the dynamics of the spread of the virus, is being studied. The article analyzes how the bans affect freedom of movement, freedom of choice, freedom of religion and other basic civil rights. Issues related to restrictions on human rights and the possibility of violation of the guarantees provided for by the Constitution of Ukraine and international treaties are considered. Conclusions and recommendations regarding the optimal use of bans during the coronavirus pandemic in Ukraine are formulated. A conclusion was made about the effectiveness","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"45 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139349663","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Iryna Krykavska, Mariana Povalena, Ostap-Zenovii Muzyka
The article examines the issue of information security as a state of protection of the vital interests of a person, society and the state, in which damage should be prevented due to: incompleteness, untimeliness and implausibility of the information used. The current situation in Ukraine, in particular the war with Russia, deepens the understanding of the urgency of the need to build an effective system to ensure the protection of the Ukrainian information space, in particular the Internet. In order to ensure information security, normative acts regulating the main issues were adopted, in particular the decision of the National Security and Defense Council of Ukraine dated December 29, 2016 "On the Information Security Doctrine of Ukraine", as well as the decision of the National Security and Defense Council of Ukraine dated March 18, 2022 "Regarding the implementation of a unified information policy in the conditions of martial law." However, informational threats on the Internet are a very dynamic phenomenon that requires constant response and improvement of the legal regulation of their submission The Internet affects information security both positively and negatively. On the one hand - full access to all information, with the possibility of further filtering, checking, and determining for yourself which sources can be trusted and which should not, on the other hand - the ease of promoting hostile narratives, due to the insufficiency, and in some cases, the impossibility of control. The Internet network affects information security both positively and negatively, on the one hand, full access to all information, with the possibility of further filtering, checking, and determining for yourself which sources can be trusted and which should not, on the other hand, the ease of promoting hostile narratives, through the lack of control, as well as the ease due to ignorance to fall into the wrong tags, for example, those people who use the Internet in Russian will have mainly pro-Moscow news in their feed, and without knowledge of both languages it is very easy to fall under the influence of propaganda. The ways of negative influence used by the enemy in the information environment of the Internet have been studied. The essential priority directions necessary to counteract large-scale information threats on the Internet, the enemy's information warfare operations, are outlined. An important conclusion is the need to increase the level of information literacy of the population of Ukraine in order to overcome information threats on the Internet.
{"title":"Information threats on the internet in the conditions of war in Ukraine: problematic issues of legal regulation","authors":"Iryna Krykavska, Mariana Povalena, Ostap-Zenovii Muzyka","doi":"10.23939/law2023.39.082","DOIUrl":"https://doi.org/10.23939/law2023.39.082","url":null,"abstract":"The article examines the issue of information security as a state of protection of the vital interests of a person, society and the state, in which damage should be prevented due to: incompleteness, untimeliness and implausibility of the information used. The current situation in Ukraine, in particular the war with Russia, deepens the understanding of the urgency of the need to build an effective system to ensure the protection of the Ukrainian information space, in particular the Internet. In order to ensure information security, normative acts regulating the main issues were adopted, in particular the decision of the National Security and Defense Council of Ukraine dated December 29, 2016 \"On the Information Security Doctrine of Ukraine\", as well as the decision of the National Security and Defense Council of Ukraine dated March 18, 2022 \"Regarding the implementation of a unified information policy in the conditions of martial law.\" However, informational threats on the Internet are a very dynamic phenomenon that requires constant response and improvement of the legal regulation of their submission The Internet affects information security both positively and negatively. On the one hand - full access to all information, with the possibility of further filtering, checking, and determining for yourself which sources can be trusted and which should not, on the other hand - the ease of promoting hostile narratives, due to the insufficiency, and in some cases, the impossibility of control. The Internet network affects information security both positively and negatively, on the one hand, full access to all information, with the possibility of further filtering, checking, and determining for yourself which sources can be trusted and which should not, on the other hand, the ease of promoting hostile narratives, through the lack of control, as well as the ease due to ignorance to fall into the wrong tags, for example, those people who use the Internet in Russian will have mainly pro-Moscow news in their feed, and without knowledge of both languages it is very easy to fall under the influence of propaganda. The ways of negative influence used by the enemy in the information environment of the Internet have been studied. The essential priority directions necessary to counteract large-scale information threats on the Internet, the enemy's information warfare operations, are outlined. An important conclusion is the need to increase the level of information literacy of the population of Ukraine in order to overcome information threats on the Internet.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"45 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139349674","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article is devoted to the problem of theoretical substantiation of the function regarding the protection of property rights and the definition of the administrative and legal basis for its implementation. Theoretical studies in this area are the key to making balanced practical decisions. Special attention is paid to the historical and philosophical and legal foundations of the formation of the state's function regarding the protection of property rights, the determination of the role of legislative support of this function at various historical stages of the formation of our state, the role of the state in the field of property in view of the historical realities of the past. It was established that with the declaration of Ukraine's independence there was a need to carry out radical structural changes in the sphere of property rights protection. The new economic conditions demanded the abandonment of the priority protection of the state form of property, the creation of public-law regulators that would effectively oppose encroachments on the right to own, use and dispose of property. The proper definition of the function of the state in the protection of property rights is proposed and the administrative and legal aspect of its implementation is reflected. The peculiarities of the regulatory and legal consolidation of this function in Ukraine and foreign countries are given. The concept of administrative-legal protection of property rights is defined and it is stated that the state has an obligation to create a system of legal methods and means for maintaining the regime of property rights protection. It was determined that the complex of administrative-legal orders regarding the performance of legally significant actions and legal prohibitions in the sphere of property determine the essence of the administrative-legal regime of protection in the sphere of property. Separate ways of protecting the rights and legitimate interests of citizens in the field of property are characterized. The priority tasks of the Ukrainian state within the framework of improving the administrative and legal support for the implementation of the function regarding the protection of property rights have been clarified.
{"title":"The function of the state to protect property rights: administrative and legal aspect","authors":"I. Lychenko","doi":"10.23939/law2023.39.096","DOIUrl":"https://doi.org/10.23939/law2023.39.096","url":null,"abstract":"The article is devoted to the problem of theoretical substantiation of the function regarding the protection of property rights and the definition of the administrative and legal basis for its implementation. Theoretical studies in this area are the key to making balanced practical decisions. Special attention is paid to the historical and philosophical and legal foundations of the formation of the state's function regarding the protection of property rights, the determination of the role of legislative support of this function at various historical stages of the formation of our state, the role of the state in the field of property in view of the historical realities of the past. It was established that with the declaration of Ukraine's independence there was a need to carry out radical structural changes in the sphere of property rights protection. The new economic conditions demanded the abandonment of the priority protection of the state form of property, the creation of public-law regulators that would effectively oppose encroachments on the right to own, use and dispose of property. The proper definition of the function of the state in the protection of property rights is proposed and the administrative and legal aspect of its implementation is reflected. The peculiarities of the regulatory and legal consolidation of this function in Ukraine and foreign countries are given. The concept of administrative-legal protection of property rights is defined and it is stated that the state has an obligation to create a system of legal methods and means for maintaining the regime of property rights protection. It was determined that the complex of administrative-legal orders regarding the performance of legally significant actions and legal prohibitions in the sphere of property determine the essence of the administrative-legal regime of protection in the sphere of property. Separate ways of protecting the rights and legitimate interests of citizens in the field of property are characterized. The priority tasks of the Ukrainian state within the framework of improving the administrative and legal support for the implementation of the function regarding the protection of property rights have been clarified.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"126 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139349584","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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