Law and Safety最新文献

{"title":"Ukraine’s debt security in the context of military conflict","authors":"N. V. Pavlenko","doi":"10.32631/pb.2023.3.13","DOIUrl":"https://doi.org/10.32631/pb.2023.3.13","url":null,"abstract":"In the context of military conflict, security issues come to the fore in all spheres of state life. As the combat capability of the army largely depends on the financing of its needs, the problem of finding additional financial resources is becoming more acute. However, the economy is currently unable to cope with this task due to the destruction of the material and technical base and logistics routes, military mobilisation of some employees, the outflow of labour resources abroad and other factors resulting from the armed aggression. Therefore, the search for ways to improve debt security in the context of a military conflict is of utmost importance.
 The purpose of the article is to identify the ways to increase the level of debt security of Ukraine's economy. To achieve this goal, the state, dynamics and structure of public and publicly guaranteed debt for 2013–2022 have been analysed. It has been established that over the past ten years, the volume of total public debt has been steadily increasing. This was mainly due to an increase in such components as direct public and external debt. The fastest growth in total public and publicly guaranteed debt was in the years of military operations.
 The analysis of the state debt security indicators has shown a deterioration in the state of debt security and the approach of a debt crisis. Due to the significant complication of the conditions in which Ukraine's economy has been operating over the past year, it is proposed to revise the Medium-Term Public Debt Management Strategy for 2021–2024 to define new targets and approaches in this area. Currently, the Ministry of Finance's main task is to restructure domestic and external debt.
 In order to increase the level of debt security of Ukraine, it has been proposed to initiate the development of an international protocol for debt cancellation for countries affected by armed aggression. In the course of domestic debt restructuring, it has been suggested that the yield on domestic government bonds should be reduced, but this can only be done if monetary policy is changed.","PeriodicalId":263827,"journal":{"name":"Law and Safety","volume":"865 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135470393","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}

{"title":"Legal aspects of functional security standardisation of the Internet of Things","authors":"P. S. Klimushyn, V. Ye. Roh, T. P. Kolisnyk","doi":"10.32631/pb.2023.3.17","DOIUrl":"https://doi.org/10.32631/pb.2023.3.17","url":null,"abstract":"IoT technologies provide smart things with the ability to make decisions in the management of physical objects using intelligence and consensus. To support the Internet of Things, technologies such as built-in devices, cloud and fog computing, big data processing, machine learning, and artificial intelligence are used to produce intelligent physical objects. A review of existing security infrastructures for IoT-based intelligent environments shows that every connected device can be a potential entry point for an attack.
 An overview of the key aspects of security standards for smart environments based on the Internet of Things has been provided in the following areas: potential solutions, intelligent environments, limits of security assessment, open issues and challenges. Additional research on the development of methodological and technological standardisation measures in the field of interoperability of heterogeneous IoT devices is an urgent task in order to start further discussions on the development of new security standards and certification infrastructure for smart environments based on the IoT.
 Based on the analysis of the existing problems of implementing the Internet of Things, the methodological and technological features of legal regulation of intellectual environments have been studied. The structures of standardisation of networks and services of the IoT environments at the regional, European and global international levels have been considered.
 The architecture of the Internet of Things environments has been defined as a multi-level, heterogeneous system with a complex topology and the use of innovative technologies. The single phenomenon of IoT security has been identified as a complex concept that includes functional security and information security with their interconnection, contradictions, challenges and risks.
 The functional security of the Internet of Things has been studied in terms of the security function, security completeness and resilience, which are subject to regulation in the technical requirements for the product being designed. An aspect model of IoT interoperability has been presented and examples of its application in terms of interrelated components (transport, syntactic, semantic, behavioural, and policy aspects) have been given.
 An assessment of generally accepted practices and risks of creating regulatory documents (standards, instructions, methodological materials) in the field of functional security of the Internet of Things has been carried out. Recommendations for the introduction of a scientifically based approach to national standardisation of IoT security and measures to address the problem of interoperability of heterogeneous IoT devices have been provided.","PeriodicalId":263827,"journal":{"name":"Law and Safety","volume":"98 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135470399","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}

{"title":"Hooliganism as a problem of public order in the Ukrainian SSR in the early 1950s","authors":"V. A. Grechenko","doi":"10.32631/pb.2023.3.02","DOIUrl":"https://doi.org/10.32631/pb.2023.3.02","url":null,"abstract":"The article examines the topical and insufficiently studied in historical and legal science issue of the factors that caused hooliganism in the early 1950s, the level of this type of crime in the main regions of Ukraine at that time and some steps taken by the Ministry of Internal Affairs of the Ukrainian SSR to reduce hooliganism. Hooliganism occupied one of the main positions in the list of offences committed by young people. The factors of hooliganism had their roots in the years of war and post-war devastation, which were the childhood and adolescence of the majority of those who committed crimes under the relevant article “Hooliganism” of the Criminal Code of the Ukrainian SSR.
 The complex events of this time certainly affected the psyche and psychology of these people: they saw violence in all its forms, often being brought up in the absence of their father, who was at the front. The famine of 1946–1947, malnutrition during the war, lack of proper living conditions, and often housing, also affected their psyche. Their educational and cultural levels were also insufficient. The age of these hooliganism perpetrators was 18-25 years old, which also influenced their behaviour and actions. The incompletely formed character and marginality inherent in young people generally played a negative role in their development as positive individuals. Homelessness and neglect of children and adolescents played a detrimental role in the escalation of hooliganism in the 1950s. The war and post-war devastation deformed the normal process of initial socialisation of children and adolescents, which had a detrimental effect on the set of social roles and cultural norms they learned and served as one of the reasons for the rise in hooliganism in peacetime. The amnesty of March 1953 did not improve the political situation in the country and only worsened the crime situation. Hooliganism became widespread among urban working-class youth, especially among the social group that lived in dormitories and worked on construction sites of industrial enterprises, i.e., was mostly unskilled labour.
 The memorandum by the Minister of Internal Affairs of the Ukrainian SSR T. Strokach to the first secretary of the CPSU Central Committee O. Kyrychenko dated 30 September 1953 contains numerous facts of hooliganism in Donetsk, Kharkiv, Kryvyi Rih, Dniprodzerzhynsk, Sievierodonetsk and other cities of the republic. These facts show that hooliganism was often senseless and cruel, led to more serious crimes (murder, rape), and was usually committed while under the influence of alcohol. According to the criminal law doctrine of that time, it was believed that there were no socio-economic reasons for hooliganism, and that its manifestations arose as a result of shortcomings in law enforcement and youth education. But this was an erroneous point of view, an attempt to hide from the real problems.","PeriodicalId":263827,"journal":{"name":"Law and Safety","volume":"73 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135472053","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}

{"title":"Liability issues for environmental damage caused by military aggression of a terrorist country","authors":"I. V. Kyrieieva","doi":"10.32631/pb.2023.3.15","DOIUrl":"https://doi.org/10.32631/pb.2023.3.15","url":null,"abstract":"The article focuses on the issues of liability for environmental damage caused by the military aggression of a terrorist country. The subject matter of the study is the impact of the consequences of military aggression against Ukraine on the state of its natural resources, the legal characterisation of these consequences in terms of liability and issues related to compensation for the damage caused. The purpose of the study is to outline the problems arising in the course of legal determination of the possibility of bringing a terrorist country which deliberately destroys natural resources to legal liability, and the difficulties arising in determining the extent of environmental damage caused. The research methods used, in particular, logical-semantic and dialectical, made it possible to consider the main features of the concept of “ecocide” as a crime against humanity and its direct connection with the genocide of the Ukrainian people.
 The relevance of the topic is due to the fact that the negative environmental consequences of hostilities violate the norms of both Ukrainian and international law and have all the signs of ecocide, which is currently considered a crime exclusively at the level of national legislation. It has been concluded that it is possible to ensure the responsibility of the aggressor State for environmental damage through the establishment of a special international tribunal. The factors that make it difficult to determine the amount of environmental damage caused in order to ensure its further compensation have also been identified. These factors include: a significant area of damage; species diversity of natural resources that were damaged (soils, subsoil, water bodies, atmospheric air, flora and fauna, territories and objects of the nature reserve fund); the connection of natural resources, which contributes to the spread of negative effects on the environment; the international nature of environmental damage; the long-term consequences of environmental damage; the fact that it is impossible for state authorities and civil society activists to record the full extent of the negative environmental impact of hostilities due to the existing danger.
 A conclusion has been made that it is necessary to take these factors into account when developing terminology for environmental damage caused by military actions. It has also been proposed to take a number of practical measures aimed at ensuring compensation for environmental damage, in particular: to recognise the fact of environmental terrorism as part of ecocide, which is combined with genocide of the Ukrainian people, at the national and international levels; to introduce a system of continuous monitoring and recording of the damage identified; to develop methods for assessing the impact of terrorist actions on the state of each individual natural resource, taking into account the possibility, necessary means and expected timeframe for restoration to a state suitab","PeriodicalId":263827,"journal":{"name":"Law and Safety","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135470225","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}

{"title":"The concept and features of staffing of the State Criminal Executive Service and probation bodies in Ukraine","authors":"K. Yu. Sverdlin","doi":"10.32631/pb.2023.3.10","DOIUrl":"https://doi.org/10.32631/pb.2023.3.10","url":null,"abstract":"The sphere of criminal penalties in our country has been undergoing reform for many years, and even today, in the context of Ukraine's opposition to the open full-scale military invasion of the russian federation, the work on transforming and improving the national penitentiary system has not stopped. The Ukrainian government, in cooperation with the international community, academics and civil society, has already taken a number of important steps to humanise the system. At the same time, some rather important problematic issues on this path have not yet received proper scientific and theoretical study or legislative regulation, in particular, the problem of staffing the State Criminal Executive Service of Ukraine and authorised probation bodies. The current Strategy for Reforming the Penitentiary System of Ukraine describes the problems of staffing in a rather superficial and fragmentary way, in fact, everything is reduced to its purpose and most important tasks. Obviously, this approach does not contribute to the improvement of the principles and mechanisms of this provision, nor to the efficiency and quality of the reform of the penitentiary system as a whole.
 In order to intensify research work in this area, the existing approaches to the definition of the concept of staffing have been considered, its main features and structural elements (components) have been identified, and the content of the most essential properties has been characterised. Attention has been paid to the connection and correlation between staffing and personnel policy, and the definition of the concept of staffing of the State Criminal Executive Service of Ukraine and authorized probation bodies has been formulated. Emphasis has been placed on the expediency of legislative consolidation of the definition of the concept of staffing of bodies and services of the penitentiary system of Ukraine, and on the fact that staffing has a complex internal structure and managerial nature. In this regard, attention has been paid to the role of administrative and legal regulation in organising and streamlining the relations and processes of staffing in the system of the State Criminal Executive Service of Ukraine and authorised probation bodies.","PeriodicalId":263827,"journal":{"name":"Law and Safety","volume":"73 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135470227","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}

{"title":"Peculiarities of determining the circle of recipients of one-time financial assistance in case of death of a serviceman, person liable for military service or reservist under martial law","authors":"О. V. Dzhafarova, S. O. Shatrava, О. V. Pohorilets","doi":"10.32631/pb.2023.3.08","DOIUrl":"https://doi.org/10.32631/pb.2023.3.08","url":null,"abstract":"It has been proved that today the legislator has created a clear mechanism for the procedure for payment of a one-time financial assistance in the event of death of a serviceman, person liable for military service or a reservist (including a police officer), which indicates that they understand the importance of taking measures to ensure national security and defence in the context of a full-scale invasion of Ukraine by russian federation. It has been stressed that the issue of determining the list of persons who should be considered family members entitled to this social payment remains controversial.
 A scientific analysis of the content of the Law of Ukraine “On Amendments to the Law of Ukraine “On Social and Legal Protection of Servicemen and Members of Their Families” regarding the Appointment and Payment of a One-time Financial Allowance” dated 29 July 2022 No. 2489-IX has been carried out. It has been considered the Draft Law on the Institute of Registered Partnerships No. 9103 dated 13 March 2023, aimed at establishing a new concept of “registered partners” in family law, and the current Resolution of the Cabinet of Ministers of Ukraine “On Amendments to Clause 2 of the Resolution of the Cabinet of Ministers of Ukraine dated 28 February 2022 No. 168” dated 27 September 2022, No. 1066, which introduced new grounds for non-payment of a one-time financial assistance for the deceased, in terms of their compliance with the current legislation, relevance and validity of their adoption in the current conditions. The author's proposals for amendments to the Criminal Code of Ukraine related to high treason, collaboration, and aiding and abetting the aggressor state have been presented.
 The attention has been drawn to the emergence of new social phenomena which require appropriate regulation by the State, in particular, this concerns the possible emergence of new grounds for family formation in the future. The legal framework that regulates the concepts of “family”, “family members” and defines a specific list of family members is quite extensive and needs to be improved both in terms of its very design and in terms of clarifying the legal definition of the concepts of “family” and “family member” in the law. The necessity of addressing this issue at the level of the Family Code of Ukraine by enshrining the relevant definitions in it has been emphasised.","PeriodicalId":263827,"journal":{"name":"Law and Safety","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135470228","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}

{"title":"Legal regulation features of legal liability of the Bureau of Economic Security of Ukraine employees","authors":"V. B. Pchelin, G. V. Zvirianskyi","doi":"10.32631/pb.2023.3.03","DOIUrl":"https://doi.org/10.32631/pb.2023.3.03","url":null,"abstract":"The article defines the essence and analyses the features of legal regulation of legal liability of employees of the Bureau of Economic Security of Ukraine. The essence, content and significance of the category “legal liability” have been clarified, and this has been used as the basis for forming the authors’ vision of the essence of legal liability of employees of the Bureau of Economic Security of Ukraine as a measure of regulatory influence on the behaviour of such employees which is exercised as a result of deviations from the rules of their activities established by law and is expressed in the application of appropriate negative measures. It has been identified and characterized a set of acts of current national legislation on the basis of which the legal liability of the employees of the Bureau of Economic Security of Ukraine is regulated.
 The main regulatory legal acts which determine the legal grounds for bringing the employees of the Bureau of Economic Security of Ukraine to the relevant type of legal liability have been described. It has been concluded that bringing the employees of the Bureau of Economic Security of Ukraine to certain types of legal liability is not properly regulated at the legal level. It has been substantiated that the material liability of the employees of the Bureau of Economic Security of Ukraine who hold special ranks, unlike employees of other law enforcement agencies, is regulated by the provisions of general rather than special legislation. It has been proved that today there is no special legislative act which regulates disciplinary liability of the employees of the Bureau of Economic Security of Ukraine.
 Approaches to overcoming the shortcomings of legal regulation of legal liability of the employees of the Bureau of Economic Security of Ukraine have been formed. Effective ways to resolve the situation in the area under study have been suggested by introducing appropriate amendments to the current national legislation of Ukraine, on the basis of which the legal liability of the employees of the Bureau of Economic Security of Ukraine is regulated, and the necessity of adopting a special legislative act which would determine the legal basis for bringing them to disciplinary liability has been proved.","PeriodicalId":263827,"journal":{"name":"Law and Safety","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135470395","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}

{"title":"The role of mediation in international conflict resolution","authors":"Maria Zhomartkyzy","doi":"10.32631/pb.2023.3.14","DOIUrl":"https://doi.org/10.32631/pb.2023.3.14","url":null,"abstract":"International conflicts are becoming increasingly complex and pose a threat to world stability and security. In this context, mediation acquires key importance as a mechanism to prevent violence and find a peaceful solution. This article explores the important role of mediation in the process of resolving international conflicts. International conflicts are growing in complexity and protractedness, requiring effective resolution mechanisms to prevent violence and mitigate tensions between parties. Mediation is a key tool in resolving such conflicts, providing neutral mediation and creating a fruitful platform for dialog.
 The article analyzes various aspects of mediation in international conflicts, including the roles of mediators, the methods and strategies used to resolve differences, and examples of successful and unsuccessful mediation attempts in the history of international relations. The importance of neutrality, trust, and diplomatic skill for effective mediation is highlighted.
 Challenges associated with mediation in international conflicts, such as the reluctance of parties to mediate, difficulties in enforcing agreements, and external influences on the mediation process, are discussed. The author suggests ways to overcome these challenges, including strengthening international support for mediators, using innovative mediation techniques and tools, and improving coordination and cooperation among international organizations.
 The article emphasizes that mediation is an effective tool for easing tensions between parties to a conflict and ensuring neutral mediation. The author examines the different roles of mediators, their methods and strategies used to facilitate dialog and reach agreement. Examples of successful and unsuccessful mediation cases in the history of international relations are presented, highlighting key factors influencing the success of this process.
 Particular attention is paid to the challenges mediators face in resolving international conflicts. These challenges include the difficulty of establishing trust between the parties, the reluctance of the parties to recognize the need for mediation, and the influence of external actors on the course and outcome of mediation efforts. The author suggests strategies to overcome these challenges, including strengthening diplomatic efforts and utilizing innovative approaches.
 The concluding sections of the article emphasize the importance of further research on mediation and international conflict resolution. The author calls for increased support for mediators from international organizations and states, as well as well as the active implementation of mediation approaches in conflict resolution to ensure peace and stability in the global arena.","PeriodicalId":263827,"journal":{"name":"Law and Safety","volume":"65 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135470392","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}

{"title":"Theoretical and legal principles of forensic psychiatric examination in criminal proceedings","authors":"O. P. Makarova","doi":"10.32631/pb.2023.3.16","DOIUrl":"https://doi.org/10.32631/pb.2023.3.16","url":null,"abstract":"The category of forensic examinations includes examinations conducted in civil or criminal proceedings by court order. Forensic examinations are carried out in specialised forensic institutions or outside these institutions in accordance with the procedure established by law. A significant number of forensic examinations are conducted in forensic departments of state psychiatric institutions. According to Ukrainian legislation, state forensic institutions are those institutions that are specifically designated to conduct forensic examinations and are subordinate to the Healthcare Department. A forensic psychiatric or comprehensive forensic psychological and psychiatric examination must be conducted by experts in accordance with the procedure set out in the Civil Procedure and Criminal Procedure Codes of Ukraine. Depending on the nature of the expert research, forensic psychiatric examination departments are divided into outpatient and inpatient.
 The knowledge that a psychiatric expert must have is specific, taking into account knowledge of the patterns and characteristics of mental activity of the individual. This specialised knowledge is acquired during special professional psychological and psychiatric training, and is subsequently implemented in the practice of forensic psychiatric examination, and therefore has legal significance. The knowledge used in the pre-trial investigation of criminal offences and in court proceedings is used to establish the mental state of the person who committed the criminal offence.
 The theoretical and legal aspects of the appointment and conduct of forensic psychiatric examination have been determined on the basis of the analysis of the provisions of legal acts in this area. The issues related to the professional component of training of experts conducting forensic psychiatric examination have been highlighted, and it has been found that, as a rule, they have their own individual style of professional activity and constantly improve their level of competence.
 It has been found out that the subject of psychiatrist's research is mental diseases and disorders, brain diseases manifested by disorders of mental activity of a person. The issues of ethical standards in the activities of an expert in conducting a forensic psychiatric examination have been considered.","PeriodicalId":263827,"journal":{"name":"Law and Safety","volume":"70 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135470398","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}

{"title":"Problems of legal regulation on gender-based violence in Ukraine and foreign countries","authors":"T. Kyrychenko","doi":"10.32631/pb.2023.2.07","DOIUrl":"https://doi.org/10.32631/pb.2023.2.07","url":null,"abstract":"The purpose of the article is to analyse gender-based violence and to study the legal mechanisms for overcoming it in Ukraine. On the basis of scientific findings and proposals, it has been suggested that a new perspective on this issue be taken. The basic concepts of gender-based violence, its forms, and European standards that are effective in preventing and combating violence have been studied. The expediency of forming a scientifically based system of prevention, regulation and overcoming of domestic violence has been emphasised. The legislation of different countries has been analysed, the peculiarities of gender-based violence and the factors that influence its occurrence in the family have been identified. The author’s own definition for the term “gender-based violence” has been presented. \u0000Both general scientific and special methods of cognition were used in the course of the study. The logical method was used to formulate legal concepts and classify types of violence. The historical method was used to study the historical aspects and chronology of the emergence and development of gender-based violence. The use of the dialectical method has made it possible to determine the legal nature and essence of gender-based violence. The synergistic method has allowed to characterise the legal nature of gender-based violence. The axiological method was used to determine the role of the principle of gender equality in the development of Ukrainian legislation and its implementation into European legislation. The dogmatic method was used to interpret legal acts in terms of their compliance with modern European standards. \u0000Based on the analysis of regulatory acts and legal literature, the author proposes a definition of gender-based violence as an activity or behaviour aimed at maintaining the advantage of one party over another, depending on gender status. It can be physical violence, mental violence, sexual violence, economic violence, stereotypical behaviour.","PeriodicalId":263827,"journal":{"name":"Law and Safety","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114618988","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}