“Almanac of Law”

Almanac of law. Issue 15 (2024)

Almanac of law. Issue 15 (2024) Almanac of law. Issue 15 (2024)

The publication is devoted to the coverage of national and foreign experience in legal support of rulemaking.

Issue 15. Kyiv: V. M. Koretsky Institute of State and Law of the National Academy of Sciences of Ukraine, 2024. 688 р.

Content

Skrypniuk O. V.
The rule of law as a legal and political value. Instead of a preface
13
Onishchenko N. M.
Regulatory activity: essential characteristics in new realities
18
Niesiołowski J.
Selected legislation problems in Poland
23
Parkomenko N. M.
Legal monitoring as a component of scientific support for the law-making process
31
Sopilko I. М. 
Normative activity in the field of informational legal relations
38
Kvasha O. O.
Criminal law protection of state security of Ukraine
44
Grzegorz Wierczyński
Polish experience in the field of promulgation of laws
52
Kulynych P. F.
The State Agrarian Register as a public platform for the modernization of Ukraine’s agricultural development in the 21st century: improvement of the legal framework
56
Kubko Ie. B.
Law as a Subject of Theoretical and Methodological Research (Modern Concepts)
66
Bobrovnyk S. V.
Rule-making: concepts and principles of organization
75
Andrusyshyn B. І. 
Legal protection of the national identity of Ukrainians in the Russian Federation: history and modernity
83
Zahynei-Zabolotenko Z. A.
Rule-making in the field of criminal law: dynamics of wartime
96
Malysheva N. R.
Martial Law in Ukraine and Emergency Legal Regimes associated with Environmental Consequences
104
Epel O. V.
Lack of labor resources as a challenge for the post-war reconstruction of Ukraine
111
Timchenko L. D., Kononenko V. P.
Legal principles of interpretation of international conventions on avoidance of double taxation
120
Lutskiy R. P.
Rule-making of public authorities and positive law (theoretical aspects of interaction)
126
Batanov O. V.
The place and role of the Сonstitution in the system of sources of municipal law: domestic and foreign experience
132
Koroied S. O.
Ways to eliminate shortcomings of the legislative technique of the Civil Procedural Code of Ukraine
140
Didych T. О. 
Juridical-technological dimension of law-making as a prospective direction of its scientific research
148
Podorozhna T. S., Kotuha O. S.
Digitization of standard-setting activity: current state and development prospects
155
Miroshnychenko M. I., Karpichkov V. O.
The terminological problem of rulemaking in the constitutional law of Ukraine (on the example of Article 6 of the Constitution of Ukraine
164
Dzeiko Zh. O.
Technical and legal rules of formulating footnotes in laws: theoretical and legal aspects
170
Kukuruz O. V.
The role of public policy in the process of law-making: modern understanding
176
Tsvietkova Y. V.
Reintegration of the population of disputed territories after the military conflicts: legal experience of Azerbaijan and Israel and the prospects for Ukraine
182
Yavir V. А. , Markishev D. О. 
Academic Integrity: legislative regulation attempts in the context of Ukraine’s European integration
189
Akimov M. O.
Criminal legal prohibition of illegal militant and armed formations in the draft of Criminal code of Ukraine: existing problems and solutions
195
Batanova N. M.
Some issues of early termination of powers of people’s deputies of Ukraine
200
Bohinich O. L.
The legal principle of the prohibition of retroactive effect of the law in time and its exception: modern interpretation
209
Brynzanska O. V.
Ecocide under the Criminal Code of Ukraine and criminal legislations of foreign countries
215
Varych O. H.
Legal responsibility of the state as a manifestation of its value characteristics
221
Vasetsky V. Yu.
Collective security and human rights as necessary interconnected components of the system for preventing military conflicts
225
Volokhov O. S.
The level of scientific research on the problem of the effectiveness of legislation in the works of Ukrainian legal teaching
232
Dubov G. О. 
To the issue of defining the object and subject in scientific legal research
238
Isaieva N. K.
Legal regulation of actual audits conducting by tax authorities and appeal of such audits in the order of administrative proceedings
245
Kvasha R. S.
Criminal law policy of Ukraine in the field of combating violence and aggression in the context of war
251
Kysil L. E.
Regarding the issue of jurisdiction in cases of recognition of illegal inactivity of guardianship and guardianship bodies regarding their drafting of a protocol on the commission of an admini
259
Kleschenko N. O.
Regarding the question of types of law-making activity
266
Kmetyk-Podubinska K. I.
Legal Principles of the Functioning of Communicative Practices in the Modern Information Society
273
Kotenko T. V.
Theory of elites in the concept of Viacheslav Lypinsky
279
Kravchuk I. І. , Khotska A. R.
Peculiarities of the legal regulation of blood donation and blood components in the conditions of the legal regime of martial law
285
Kryvytskyi Y. V.
Judicial law-making: a significant achievement or a side effect of the judicial reform
291
Kuzminskyi O. О. 
The procedural peculiarities with the pre-trail investigation towards the juvenile suspects
301
Landina A. V.
Modern challenges of criminal law counteraction to violent crimes committed by special subjects
307
Lapka O. Ya., Semko M. M.
The impact of legal globalization on the formation of judicial law-making in Ukraine
313
Lysenko О. М. 
Counteracting gender stereotypes in the context of current international legal acts
321
Lvova O. L.
Legal certainty as a value component of quality lawmaking
328
Liashenko R. D.
Terminsystem as a component of ECHR judgments
340
Makeіeva О. M.
The principle of the rule of law in the rule-making activity of state authorities
345
Mima I. V.
Interaction of religious norms of catholicism and legal regulation of social relations (on the example of Poland)
351
Nуkolуna K. V.
Authentic interpretation: debatable issues of theory
358
Noniak M. V.
Mechanism for implementation of the human right to peace: essential dimensions
364
Okuniev I. S.
Compliance with the conditions of validity of legal acts as a criterion for their effectiveness
370
Ostapenko H. Z.
Providing legal certainty in Ukraine: actual status and routs for the implementation
375
Pendyura M. M., Vadimov A. P.
Current state of development, adoption, implementation of legislation on mobilization issues and its effectiveness
381
Petrenko A.
Sources of law of the European Union: concepts and specifics
391
Pokhylenko I. S.
Role and Significance of Unmanned Aerial Vehicles in Aviation Activity
399
Rominskyi Ye. V.
Historical origins of rule-making activity: medieval national experience
405
Suniehin S. О. 
Law-making and modern technologies: conceptual problems of interrelationship and prospects for their solution
411
Tarakhonych T. I.
Legal monitoring as a component of law-making activity
425
Teremtsova N. V., Nazarenko O. A.
The topical issue of the development of the concept of the theory of local self-government at the current stage of the development of the rule of law
430
Ternavska V. M.
The problems of legislative omission in the context of Ukraine’s constitutional and legal policy
435
Tymoshchuk V. P.
Development of administrative appeal under the Law of Ukraine «On Administrative Procedure»
441
Trunova H. A.
Current issues of law enforcement regarding confirmation of length of service for pension granting
448
Fuley T. I.
Substitution of concepts as a type of legislative error: the need for scientific consideration
455
Khudoyar L. V., Muzyka I. V.
Governing bodies of the Communist Party of Ukraine as subjects of rule- making in the theory and practice of Ukrainian constitutionalism 1977–1984
466
Tsvyetkov A. М. 
Legal aspects of currency restrictions introduced by the National Bank of Ukraine for business under martial law
472
Astreiko V. V.
Mediation as an alternative way of resolving disputes in public-law relations
481
Bohdanova V. V.
Comparison of the concepts of «force majeure» and «circumstances of insuperable force» as grounds for exemption from contractual liability
487
Boiko M. M.
Legal basis of rule-making activity of the advocacy self-government bodies
494
Boyko O. V.
Legal regulation and organization of notary activities
500
Vihirinskyi A. V.
Ensuring Freedom of Speech and Countering Propaganda in the Context of a Legal Regime of Martial Law
506
Gadeliia V. R.
Constitutional and Legal Provision of the Right to Privacy when investigating criminal offenses
515
Golub Ya. O.
The rule of law as a constitutional principle of criminal legislation and justice
521
Honchar Y.
Law as a result of law-making activity: features and properties
528
Hasanov A. E.
Actual directions of improvement of the criminal law policy of Ukraine in the conditions of martial law and European integration
534
Dvorak A. Yu.
International Legal Instrument: Concept, Characteristics, and Formalization Features
542
Dubas V. M.
Effectiveness of legal influence
548
Dudikov A. V.
Miscarriage of Justice as a Phenomenon of Social Reality
554
Drozd I. V.
The concept of the right of the Ukrainian people to land in the legal doctrine and legislation of Ukraine: origins, main provisions, ways of improvement
560
Dunaev E. V.
New challenges in the activities of the ECtHR in the conditions of military aggression against Ukraine
568
Kaduha I. V.
Definition, structure and content of the right to health care
574
Lypivskyi V.
Legality of regulatory and legal acts: concepts, signs, requirements
579
Lysiuk Y. Yu.
Constitutional parameters of civil proceedings
585
Mikheev M. V.
Administrative and legal provision of administrative conflict and non-conflict proceedings in the EU countries on the example of Germany in comparison with the experience of Ukraine
589
Nordio V. V.
Collaborationism of private performers and other persons who provide public services: feasibility of criminalization
598
Olenchenko N. H.
The building industry as an object of criminal law protection
603
Skorokhod O. V.
Using blockchain in public administration and personal data protection
608
Stetsiuk S. S.
Problems of Application by the Courts of Ukraine of Article 431 «Fulfilment of the Duty to Protect the Motherland, Independence and Territorial Integrity of Ukraine» of the Criminal Code of U
613
Tananakin O. V.
Legislative provision of responsibility for collaborative activity in Ukraine: current state and prospects
620
Terletsky R. V.
Issues in Implementing the Law of Ukraine On The Military Chaplaincy Service During War: Right to Faith, Violation of Secularization Principles, and Threat to National Security
628
Tetruev K. K.
Causes of illegal behavior: causes of occurrence and ways of overcoming
635
Ulyhanets V. Y.
The role of the OAU’s Mechanism for Conflict Prevention, Management and Resolution in the settlement of disputes and conflicts
641
Fedorenko M. O.
The Mediation as a Method of Alternative Civil Dispute Resolution
649
Chervinska L. V.
On the Problem of Normative Definition of the Concept of «Official Document» in the Criminal Code of Ukraine
654
Chornenka D. S.
Modern trends in regulatory activity in the field of bioprinting and organ donation
660
Shevchuk A. V.
Sentencingfor Violation of the Laws and Customs of War (Article 438 of the Criminal Code of Ukraine): Legal Analysis of Court Decisions
670
Yusifova Sevindzh
Legal regulation of health care in EU countries: comparative-legal
676