State Authorities Research Articles

Polish midwives’ experiences of providing maternity care to Ukrainian women in Poland

Abstract Background Migrants’ health has attracted the attention of researchers for many years, particularly from the perspective of barriers in access to healthcare systems. Providing high quality care to migrants and refugees, especially in contexts of significant and sudden arrivals, may be particularly challenging. Aim The aim of our research was to learn about the experiences and strategies of midwives providing maternity care for Ukrainian migrant women in Poland after the outbreak of the full-scale war in Ukraine. Methods Five focus group interviews with 32 midwives providing maternity care in Poland were conducted. The interviews were thematically analysed. Results Healthcare personnel experiences a number of barriers to the provision of high-quality care to the migrant population. Polish midwives expressed mainly experience of two groups of barriers on: (1) individual and interpersonal, (2) management and organization levels. Firstly, at the individual and interpersonal level midwives experienced: fear for life and well-being related to the threat of war in a neighbouring country, depleting resources and post-pandemic fatigue, language barriers, lack of knowledge on caring for woman fleeing the war. Secondly, at the management and organizational level midwives experienced: lack of organizational support, interpreting services and documentation in any other language than Polish. In the first months after the outbreak of the full-scale war in Ukraine, most strategies to improve the provision of maternity care for women fleeing the war took the form of grassroots initiatives by the staff of individual care units. Conclusions The Polish health care services need systemic solutions prepared jointly by state and local authorities and considering the voices of midwives to support the provision of high-quality care to migrant population. Key messages • Midwives were left to their own devices. • Midwives need better preparation for providing high-quality care to migrant population.

Beyond the First Nations Voice to Parliament: Who “owns” the state?

AbstractIn 2023, Australian voters defeated a constitutional amendment to establish a First Nations' Voice to Parliament. This representative body would have been empowered to make representations to parliament and executive government. It was proposed by First Nations people as the first stage in a Voice, Treaty, Truth process of political and constitutional reform. As the implications of this defeat are considered, it is instructive to examine what lessons New Zealand's politics and policies of Māori self‐determination may contribute to local deliberations, including on the principles that could inform treaties such as those under consideration in the state of Victoria. The ongoing point of contention in both countries has profound implications for how and why policy is made, for whom and by whom. The point of contest is over who, in practical political terms, “owns” the state and, therefore, its policymaking systems? Are First Nations people shareholders in state authority, or should they reside always on its periphery? If not, what are the terms of their inclusion?

From “Big White” army to White Paper Protests: China’s gendered pandemic war and feminist interventions

ABSTRACT In response to the COVID-19 pandemic, many nation-states adopted militarized measures for rapid containment. China notably implemented extreme and enduring war-like procedures. This study aims to explore the implications of securitizing the pandemic through a feminist lens and suggest ethical and equitable strategies for understanding emergencies and coping with future crises. Employing discourse-based online ethnography, it analyzes social dynamics in China’s “pandemic war,” examining how gender and (in)security are co-constructed and the role of feminist activism within an authoritarian context. This article argues that framing the pandemic as war reinforces a masculinist stance of dominance, prioritizing state stability over human rights and security. State-centric securitization perpetuates state authority, gendered social hierarchies, and structural violence. The exclusionary nature of this approach created new avenues for feminist activism, both online and offline, advocating for marginalized groups, raising social and gender awareness, challenging state narratives, and fostering collective resistance. Drawing lessons from Chinese feminist initiatives during COVID-19, this study calls for alternative crisis responses focused on care, equity, ethics, and collaboration.

How public service media are changing in the platform era: A comparative study across four European countries

Despite enjoying a series of advantages and privileges, including access to public funding and technical infrastructure, as well as a special regulatory framework allowing them to reach almost the entire population, public service media (PSM) have historically faced a number of challenges. These include opposition from privately held media and various political parties, mounting criticism from audiences, and incessant pressures from state authorities. Some have been more successful than others in defending themselves against these attacks. Some PSM institutions have gained a high level of trust as a result of their ability to maintain a balanced approach to political coverage. Some are recognised for the quality of their news content. However, some other organisations have lost credibility and audience share as a result of various pressures. The platformisation trend has had a particularly disruptive impact on public service media (PSM) organisations. The challenge of adapting to the new digital landscape has been significant, requiring careful navigation to maintain the core values that guide their operations, as defined by the European Broadcasting Union (EBU): universality, independence, excellence, diversity, accountability and innovation. This article employs a recently developed framework for examining PSM and draws upon field research to analyse the transformation of PSM in response to platformisation-related pressures in four European countries: Austria, Romania, Spain and the United Kingdom.

Iron and steel workers acquiring a factory in exchange for a single coin: a genuine people’s sector

ABSTRACT The iron and steel industry, a cornerstone of industrialization, is vital for economic growth and infrastructure development, particularly in Turkey, where it has been central to industrial policy. This study explores how the Karabük Iron and Steel Factories, known as ‘the factory of factories,’ were transferred to workers for a symbolic price of 1 Turkish Lira (TL) following worker protests against privatization. The study focuses on the strong labor movement and social cohesion among the iron and steel workforce, using the 8 November 1994, protests as a case study. It evaluates how the structural characteristics, societal concerns, and outcomes of these protests differ from other labor movements. By highlighting these differences, the study aims to contribute to the literature on labor movements and protest dynamics. The November 8 protests were significant in raising awareness of workers’ rights and union struggles through media and public attention, while also shedding light on the state and public authorities’ strategies for maintaining social order. Moreover, the study links the achievements of these protests to the concept of the people’s sector. One key conclusion is the relationship between the iron and steel sector and the people’s sector, emphasizing the role iron and steel workers have played in fostering social stability and solidarity.

Harnessing network power: Weaponised interdependence in global tax policy

AbstractFor decades, global tax policy has grappled with the challenge of mobile capital, failing to harness the regulatory potential of network power. This oversight has allowed tax havens to flourish, and multinational corporations and wealthy elites to circumvent state authority, undermining national fiscal policies and democratic capacity to meet grand societal challenges, such as climate change and inequality. But recent regulatory innovations pave a different way forward. This article spotlights the dynamics of ‘weaponized interdependence’, suggesting a critical role for strategically targeting global corporate and financial networks in reinvigorating action against tax havens, tax avoidance and tax evasion. Identifying and exploiting network chokepoints – financial institutions, corporate subsidiaries and expert intermediaries – can empower states to reassert their sovereignty and counterbalance the structural advantages of global capital. This approach helps us understand how and why recent regulatory measures have effectively countered financial secrecy, profit shifting and sanctions evasion, repairing public finances and restoring democratic integrity. In an age where weaponised interdependence is predominantly linked to national security, this recasting of global tax policy highlights a progressive path for using network power to develop effective global economic frameworks, strengthen democratic capacity and address contemporary challenges.

CURRENT CHALLENGES AND PROSPECTS OF LEGAL REGULATION OF PUBLIC ADMINISTRATION OF THE SOCIAL SPHERE IN THE TERRITORIAL COMMUNITIES OF UKRAINE

The article defines that public administration is a system of activities of state authorities aimed at optimizing the use of resources to achieve the priority goals of social policy. It is emphasized that the social sphere covers a wide range of services that ensure the well-being of citizens, including health care, education, social protection and other critically important elements. The study of the problems of public management of the social sphere in territorial communities reveals a number of challenges, such as insufficient financial support, the absence of a clear legal framework, and a low level of public involvement in decision-making processes. Analysis of modern approaches to legal regulation in this area showed that effective management of social policy requires the integration of innovative methods, in particular digitalization of processes, which will contribute to the transparency and accountability of local self-government bodies. As a result of the research, it was found that the public management of the social sphere in the territorial communities of Ukraine is a complex, multifaceted process that requires a comprehensive analysis and a comprehensive approach to its improvement. The development of recommendations for improving management mechanisms should become a priority for researchers and practitioners in this important field. Effective management of the social sphere requires systematic control over the implementation of state policy. This involves not only an internal audit of the activities of local self-government bodies, but also mechanisms of public control that would allow residents to actively participate in the processes of evaluating the effectiveness of social programs. The study showed that the key factors in the effectiveness of public management of the social sphere in territorial communities are: adaptability of management mechanisms; integration of modern technologies; formation of partnership relations; personnel training and development; community involvement in decision-making processes, etc. Legal regulation of public management of the social sphere in territorial communities of Ukraine is conditioned by the need to create effective management mechanisms that meet modern challenges. Among the prospects for the development of legal regulation of public management of the social sphere in the territorial communities of Ukraine, the need for: improvement of the legal framework was emphasized; strengthening of financial autonomy; development of professional training; integration of modern technologies; community involvement in decision-making processes; focus on inclusiveness; monitoring and evaluation of efficiency; cooperation with international organizations; adaptation to changes in the socio-economic environment; increasing the level of trust in the authorities, etc. It is emphasized that the successful implementation of public policy in the social sphere depends on the effective interaction of all interested parties, which in turn will ensure sustainable development and increase the quality of life of the population.

SOCIAL CONTROL OF STATE AUTHORITY BODIES OVER WOMEN OF COMMERCIAL SEX IN MYKOLAYOVSHICHINA IN IN THE NINETEENTH CENTURY

The article analyses the effectiveness of the experience of organizing social control over women of commercial sex in Mykolaiv region in the 19th century. An analysis of the historical basis of the phenomenon of commercial sex was carried out, the concept, essence and content of social control over women of commercial sex were determined, the activity of state authorities in the direction of social control over women of commercial sex in the Mykolaiv region in the 19th century was analysed, and the cause-and-effect relationships of social control over the phenomenon of commercial sex in modern Ukraine. The basis of the research methodology is the principle of historicism, which made it possible to consider the phenomenon of prostitution in accordance with historical stages and events, in their interconnection and interdependence. As part of the toolkit of the proposed article, a set of methods is used, namely: theoretical - content analysis, historical-systemic and historical-typological method, as well as systematization, generalization, detection of contradictions, comparison, descriptive method; empirical - interviewing method. The authors came to the conclusion that social control can be defined as a state mechanism, the purpose of which is to maintain social order, norms of individual behaviour in society. The peculiarities of formal and informal social control over women of commercial sex in the 19th century are determined. The analysis of the activities of state authorities over women of commercial sex in the Mykolaiv region in the 19th century made it possible to investigate formal social control, for its implementation, the authorities and local managers of the Mykolaiv region established rules and laws regarding brothels, their owners, and women of commercial sex directly. Cause-and-effect relationships with social control of commercial sex in modern Ukraine were established. The analysis of the state of commercial sex in Ukraine indicated the need for social prevention, as a method of social control, over persons from the risk group.

THE ROLE OF PUBLIC ORGANIZATIONS IN PROVIDING SOCIAL ASSISTANCE TO INTERNALLY DISPLACED PERSONS (ON THE EXAMPLE OF ODESSA REGION)

The article presents the results of a study on determining the role of public organizations in providing social assistance to internally displaced persons on the example of Odesa region. The concepts of «social assistance» and «social assistance to internally displaced persons» are defined. A diagnostic cross-section was carried out on the basis of administrative service centers during monitoring visits to communities, which covered IDPs of Zatyshansk, Bolgradsk, Znamyansk and Sergiivsk communities of Odessa region. Also, the survey was conducted directly among social workers of the public organization «Tenth of April». The purpose of the article is to conduct research on determining the role of public organizations in providing social assistance to internally displaced persons on the example of Odesa region. The research used questionnaire and semi-structured interview methods. The results of the survey showed that: a large part of respondents (78%) experience financial difficulties; 65% are satisfied with their level of adaptation to life in the host community, although they do not rule out that the situation could have been better; the most acute security problem in the respondents' previous places of residence was the destruction of property due to military actions (78%); respondents' most important needs are access to housing and employment, as well as basic needs such as food and clothing; the main types of assistance that public organizations can provide are assistance in finding a job, filing documents, receiving social benefits, care for the elderly and people with disabilities, support for families with children, psychological support, etc. Also, the majority of respondents (52%) experience difficulties in obtaining assistance due to a lack of information about available services, the procedure for obtaining them, contacts of public organizations, etc. Based on the results of the research, the authors developed a number of conclusions and recommendations addressed to state authorities, local self-government and civil society organizations.

Use of the Pesticide Toxicity Index to Determine Potential Ecological Risk in the Santiago-Guadalajara River Basin, Mexico

The Santiago-Guadalajara River Basin (SGRB), located in western Mexico, is one of the most polluted rivers in the country. A pesticide monitoring program was carried out from January 2022 to September 2022, during which time water samples collected at 25 sites in the main stem and tributaries revealed the presence of 13 of the 24 pesticides analyzed, including α-BHC, β-BHC, γ-BHC (Lindane), γ-Chlordane, Hexachlorobenzene, Heptachlor, Aldrin, α-Endosulfan, DDT, -4,4, Methoxychlor, Chlorpyrifos-methyl, Endosulfan sulfate, and Dicofol. A high level of correlation was found between the identified pesticides, which could mean that several of these pesticides reached a stable level within the monitored water bodies. Most of the identified pesticides are classified as high environmental risk according to the Stockholm Convention because of their persistence and high degree of toxicity to the environment and human health. A Pesticide Toxicity Index (PTI) was applied to identify the streams considered to be of concern due to the presence of pesticides exceeding the threshold limits established by national and international guidelines. Performing a calculation for the entire Santiago-Guadalajara River Basin, the PTI reached a value of 0.833, which, according to the criteria of this method, classifies it as a “Moderate” level of risk for aquatic life. Increased regulatory and surveillance measures by state and federal authorities are required to prevent the use of these pesticides, which have been restricted globally.

Disrupting the Reproductive Lives of Japanese American Families During Wartime: The Overlapping Histories of Removal, Incarceration, and Eugenic Sterilization, 1942–1946

The World War II mass incarceration of 120,000 Japanese Americans disrupted families, enacted intergenerational trauma, and characterized Japanese Americans as inherent racial threats. This federal exercise in biopolitical management intersected with state-sponsored eugenic sterilization in California institutions. Linking War Relocation Authority and California Department of Institutions records, we document 32 Japanese American sterilization survivors during the wartime incarceration period (1942–1946). We show how federal and state authority converged to deprive Japanese Americans of civil rights and reproductive liberty. We add original research and analysis to the intertwined histories of Japanese American incarceration, eugenics, and family in the United States.

Examination of the mentally ills in the Samara province in the 1860-ies

The article examines the dynamics of perception of the mentally ill by the Russian society and the state authorities with the help of comparative-historical method and analysis of sources. The chronological framework of the work covers the period from the first attempts to help the insane with the help of spiritual healing in monasteries to the large-scale reforms of the 1860-ies and the revolution in the organization of public medicine. The author is most interested in the changes caused by the formation of psychiatry as a separate branch of medical science, including the emergence of expert psychiatrists and the introduction of psychiatric trials procedures by the middle of the XIX century. For a detailed study of such innovations in psychiatric practice, the procedure of examination of the mentally ill, carried out in the Samara province in the 1860-ies, was chosen. The source base for the research is archival materials from the funds of the Central State Archive of the Samara Region, as well as scientific and published written sources. These include the first Russian textbooks and manuals on psychiatry. There is a growing interest in the study of the phenomenon of «madness» in modern historiography. However, there was practically no large-scale systematic research on the history of the origin of psychiatry in the Samara province in the middle of the XIX century. The findings obtained in the course of the study give an idea of the changing perception of the insane by society and the authorities. There is a transfer of the main role in the trials of the mentally ill and, accordingly, the right to make a conclusion about their condition from representatives of the administrative authorities to psychiatrists. An attitude towards insanity is being formed and consolidated not as a social danger, but as a disease requiring specialized medical care. Thus, madness is transformed from a social phenomenon into a medical one.

Roadmap for rebuilding the health system and scenarios of crisis path in Gaza.

The horrific attacks on Gaza have had a profound impact on Gaza's health system, culminating in a multidimensional crisis. The deliberate destruction of vital infrastructure, such as hospitals, schools, housing, and public facilities, coupled with the deaths and injuries of medical personnel and support workers has only exacerbated the situation and further highlighted the existing gaps. This unprecedented catastrophe proves the criticality of adopting a new national inclusive integrated approach to meeting the immediate and long-term needs of the population. In this perspective, we explore the recovery roadmap features for rebuilding the health system in Gaza, specifically focusing on determining the primary challenges that might emerge, the trajectory of recovery, and the expected crisis scenarios. The existing evidence and perspectives of key stakeholders, including state and non-state health authorities in Palestine were synthesised. Despite some local and international initiatives undertaken to generate a concrete road to recovery, there remains a need for realistic, innovative, and comprehensive Marshall plans to rebuild Gaza's health system. The article draws on insights and gaps in current efforts and underscores the urgent need to address the challenges of rebuilding the health system. The authors strive to offer an inclusive and realistic path with the potential scenarios toward recovery and resilience considering the mass levels of loss and damage, and ways to move forward for building back a resilient health system in Gaza.

Reinterpreting Chronic Wasting Disease Emergence in the USA in Light of Historical Surveillance Limitations.

We estimated the probabilities of detecting one or more chronic wasting disease (CWD) cases (Pdet) in free-ranging cervids in the continental US during 1997 - 2001. Based on sample sizes reported by respective state authorities at the time and a target for detectable apparent prevalence (i.e., a design prevalence) of 0.001 (one positive per 1,000 animals statewide), estimated Pdet were <50% for 39/46 states where CWD had not been detected in the wild prior to 1997 and were <5% in 20/26 states located east of the Mississippi River. The survey designs and sample sizes reported by most states prior to 2002 would have yielded exceedingly small detection probabilities for focal CWD outbreaks. Although most CWD foci in the US were first detected in 2002 or after, the data presented here and elsewhere suggest it is plausible that an unknown number of these-some established perhaps decades earlier-were already present but had simply eluded detection. These data highlight uncertainty regarding timelines for CWD emergence in the US. Accepting-and to the extent possible quantifying-uncertainty in the historical distribution of CWD throughout the US seems a necessary foundation for better understanding its emergence, its drivers and patterns of spread, and its response to various interventions-past, present, and future.

The norms of administrative law as a form of implementation of public administration

Being a systematically implemented activity of state authorities and local self-government, public administration is aimed at regulating social relations, ensuring a stable state and development of social processes in the interests of optimal functioning and development of society and the state. The norms of administrative law play an important role in this context. Through public administration, there are qualitative transformations of the methods and functions of state administration, which from abstract prescriptions of administrative law norms become means of performing the tasks of state administration in specific legal situations. On the one hand, public administration is implemented through the norms of administrative law, since it is the norms of administrative law that regulate the activities of subjects of public administration, form the basis of administration in all spheres of the life of society and the state. On the other hand, the main form of public administration is the adoption and implementation of administrative acts, which are understood as decisions or legally significant actionsofanindividualnature, adopted(committed) by an administrative body to resolve a specific case and aimed (directed) at the acquisition, change, termination or realization of rights and/ or duties of an individual (persons). An administrative act can be issued both by a representative of public authority performing public tasks/functions and by a subject of delegated powers - a subject of public administration. At the same time, the following acts: contain legal norms that specify the norms contained in legislative acts of higher legal force, and also provide a mechanism for their implementation; define typical rules of conduct in the field of public administration; establish the organizational and legal status of public administration bodies; establish the necessary prohibitions and restrictions; grant special rights and assign special duties in the field of public administration; the conditions of interaction and coordination of activities of public administration bodies are formed; implement socio-economic programs; do not resolve cases that arose in the body, the subject of which is the regulation of the internal activity of the public administration.

The concept of state financial control and the legal status of the subjects of its provision

The article is devoted to the study of the concept of state financial control and the legal status of the subjects of its provision. It is noted that, in practice, the system of state financial control bodies is extremely extensive and includes a large number of bodies that do not interact properly. It is proposed to understand state financial control as the activity of state authorities and local self-government regulated by financial and legal norms, based on the principles of legality, independence, objectivity, efficiency and aimed at protecting the financial interests of the state, business entities and citizens. It is emphasized that the Law of Ukraine «On the basic principles of state financial control in Ukraine» does not operate with the concept of «subject of state financial control», but only generally indicates the rights of the state financial control body, and the duties and responsibilities of its officials. It is indicated that the President of Ukraine, being the head of state and possessing a special legal status, supervises financial activities. Control powers in the field of financial resources management can be exercised by the President of Ukraine by adopting decrees, the effect of which is aimed at regulating financial relations. It is noted that the Verkhovna Rada of Ukraine is assigned to the state body of general financial competence, but it determines the main guidelines for the development of the entire financial system of the country by adopting and approving laws. The specific results of the activities of bodies of special competence depend on its actions. It has been established that the Accounting Chamber occupies a separate place in the system of state financial control bodies, it is the highest body of state financial control of Ukraine, it is formed by the Verkhovna Rada of Ukraine, subordinate to and accountable to it. The Accounting Chamber, in accordance with Article 98 of the Constitution of Ukraine, on behalf of the Verkhovna Rada of Ukraine, controls the receipt of funds from the State Budget of Ukraine and their use.

Justice as a means of ensuring of the rule of law principle implementation

The article examines the factors that determine the content and essential aspect of justice epistemology results. It was noted that in the conditions of globalization and integration processes, there is a necessity to create an effective justice system that would guarantee compliance with human rights and freedoms, ensure justice and legitimacy of state power. Justice itself acts as a key tool for the rule of law principle implementing, as it is designed to ensure the equality of all before the law, the independence of the judiciary and effective protection of rights and legitimate interests. The key historical, political, economic and European integration factors determining the state of the epistemology of the judicial system in Ukraine have been established and characterized. Attention is focused on the consequences of the soviet past, including distrust of the judicial system and a low legal culture. The influence of political factors is considered and relevant examples are given; the consequences of these factors for justice are indicated. Economic factors increasing corruption risks are analyzed. The importance of European integration processes in reforming the judicial power is covered separately. Attention is focused on the importance of the independence of courts, access to justice and the quality of court decisions as key elements of implementing the rule of law principle. The role of justice in the legal culture formation and equality before the law ensuring is also considered. Provisions reflecting the role of justice in ensuring the rule of law are indicated: protection of human rights and freedoms; ensuring equality of all before the law; interpretation and application of the law; control over the legality of state authorities’ activity; formation of legal culture. It is summarized that justice plays a central role in ensuring the implementation of the principle of the rule of law by ensuring the independence of courts, access to justice for all citizens, high quality of court decisions and their effective implementation. All these elements are an integral part of a law-based state, where the rule of law is the basic principle of society and the state functioning.

Effective justice as a law-based state feature

The article considers the concept of law-based state as a basis for justice effectiveness analysis. The necessity of researching the concept of a law-based state prior to covering the judicial system as a characteristic of a law-based state is methodologically justified. It is emphasized that for the development of Ukrainian legal science it is extremely important to investigate how exactly the effectiveness of justice is related to the extent to which Ukraine corresponds to the ideals of the law-based state, especially in the conditions of modern transformations. It is noted that a law-based state is based on the rule of law, the separation of powers, human rights and freedoms protection, and the independence of the judiciary. The theoretical and practical aspects of a law-based state functioning are considered, in particular the role of constitutionalism and legal mechanisms of control. The article emphasizes the importance of justice as a central element of a law-based state, which ensures the protection of citizens’ rights and control over the actions of state authorities. It was noted that in the context of a law-based state formation the effectiveness of justice acts as an indicator allowing to assess how successfully the ideals of the rule of law and the protection of human rights are implemented. The main criteria for evaluating the effectiveness of justice are determined, namely the independence of judges, access to justice, and fairness of decisions. The connections between effective justice and the principles of the rule of law and its role in a democratic society are covered. It is indicated that in the conditions of reforming the judicial system in Ukraine, the issue of maintaining a balance between the independence of courts and their accountability to society has not only domestic political significance, but also directly affects the international image of Ukraine and the process of European integration. It is summarized that effective justice is one of the most important indicators of a law-based state development. It ensures the protection of the rights and freedoms of citizens, contributes to the stability of society and the development of democracy. In order to achieve effective justice, it is necessary to constantly work on the legislation improving, qualifications of judges extension, and judiciary independence ensuring.

Criminal liability for the destruction or damage of flora

The article analyses the issues of criminal liability in Ukraine for destruction or damage to flora. According to the current Criminal Code of Ukraine, liability for this criminal offence is established by Article 245 of the Criminal Code of Ukraine. The article emphasises that Russia’s full­scale invasion of Ukraine has led to massive and systematic destruction of, and damage to, flora and fauna, and has become a serious problem that has caused and continues to cause significant environmental damage. The environmental damage caused during armed conflicts will continue to affect the state of ecosystems and natural resources long after they end. The author notes that no country in the world has ever investigated war crimes against the environment on the scale of our state. Based on the results of the analysis, the author of the article concludes that legislative and law enforcement shortcomings pose the risk of significant deterioration of the environment both in the territory controlled by Ukraine and in the uncontrolled territories. At the same time, the draft Criminal Code in its current version does not in any way address the problem of the lack of differentiation of liability for intentional and negligent destruction of flora, which indicates an urgent need to improve the relevant draft provisions of the new Criminal Code of Ukraine.In addition, the interaction of state authorities with environmental and human rights organisations in assessing environmental damage, monitoring the state of the environment, etc. is still unsatisfactory. Civil society, citizens, and the legal community do not yet pay due attention to environmental criminal offences, mostly perceiving them as secondary. At the same time, we believe that timely and correct consideration by the courts of criminal offences under Article 245 of the Criminal Code of Ukraine is an important means of protecting the right of citizens to a safe environment guaranteed by the Constitution.

Redress for the non-pecuniary damage in case of exceedingly long non-execution of the final judgement

The article is focused on studying the topical issue of determining the possibility of redress for the non-pecuniary damage in case of exceedingly long non-execution of the final judgement. The author of the article has stated that the right to judicial protection includes both holding a judgement and its timely execution. Timely and full execution of a judgement guarantees the realization of subjective rights recognized by the judgement and fulfillment of legal obligations confirmed by it. It has been proved that execution of judgements within civil legal proceeding should be carried out taking into account the European Convention on Human Rights and the European Court of Human Rights case-law. In particular, the ECtHR insists on the great importance of such a property of a judgement that has become final (res judicata), as the possibility and factual enforceability of its actual execution by the state. It has been noted in the paper that the adoption of a number of new legislative acts, which introduced a lot of amendments in the field of executive proceedings, foreground researches focused on levying of execution of judgements from a new angle, in particular, the topical issue on determining the possibility of redress for the non-pecuniary damage in case of exceedingly long non-execution of the final judgement. The requirements of reasonableness and fairness should be considered while determining the amount of compensation. Non-pecuniary damage is compensated regardless of the pecuniary damage that is subject to compensation and is not related to the amount of this compensation. Non- pecuniary damage is compensated on a once-only basis, unless otherwise stipulated by the contract or law. As a general rule, the infliction of the non- pecuniary damage to another person is the basis for the obligation to redress for the non- pecuniary damage. The obligation to redress for the non-pecuniary damage caused to a person by illegal decisions, action or act of omission of a state authority while exercising its powers arises under the following conditions: existence of non- pecuniary damage; wrongfulness of the person’s behavior who caused non-pecuniary damage; existence of causal relation between wrongfulness of the person’s behavior who caused non-pecuniary damage and its result - non-pecuniary damage. On the basis of the conducted research, the author has concluded that the possibility of redress for the non-pecuniary damage in case of exceedingly long non-execution of the final judgement supports the integrity of the legal system by ensuring the execution of judgements and maintaining trust. When judgements are executed with consequences, the authority of the judicial system is undermined and the effectiveness of the legal system is put at stake. The integrity of the legal system is preserved and public confidence in the judicial system is strengthened by upholding the authority of a judgement through the possibility of compensation. It is impossible to bear with non-execution, because it creates a dangerous precedent that undermines the foundation of an honest and fair legal system.