Nalyvaiko Larysa
@dduvs.in.ua
department of general legal disciplines
Dnipropetrovsk State University of Internal Affairs
Scopus Publications
Scholar Citations
Scholar h-index
Scholar i10-index
Scopus Publications
Background. The article focuses on the analysis of the case law of the European Court of Human Rights regarding gestational surrogate motherhood and the development of the bioethics issue in this area. It was established that the notion of "private life," regulated by Article 8 of the European Convention on Human Rights, guarantees everyone the ability to demand the establishment of their identity, providing for the possibility of establishing family relationships. It is highlighted that, despite the legal ban on the implementation of surrogate motherhood technology, to confirm the child’s identity, there is a need for official recognition of this kind of family relationship as indicated by other relevant relationships. In particular, the peculiarities of establishing parent-child relationships in the case of individuals applying for gestational surrogacy to exercise their reproductive rights are disclosed. The problem of legal regulation unification in the technological application of gestational surrogate motherhood is considered. A conclusion set regards the need to create an international legislative and regulatory framework useful for national governments, particularly in gradually banning the use of surrogate motherhood technologies. Attention is placed on international efforts focused to create an international legislative and regulatory framework that will provide recommendations useful to national governments, particularly in the gradual prohibition of surrogacy. The authors believe that the corresponding international agreement will constitute a legal framework for ensuring individual rights, freedoms, and health, the limitation to gestational surrogate motherhood services, and the observance of a uniform policy in this area. Methods: The methodological framework of the study incorporated a range of philosophical, general, and legal methods. The worldview-dialectical method of cognition made it possible to investigate the problem's social content and legal form, then to conduct a systematic theoretical and legal analysis of the practice by applying the judgments of the European Court of Human Rights. The diversity of legal certainty of the surrogate motherhood system’s legality in Europe, particularly in France, Italy, Iceland, Poland, and Norway, was investigated using the comparative method. With the help of a formal-legal approach, it analysed the content and peculiarities of applying the ECtHR practice. Results and Conclusions: We comprehensively considered the ECtHR legal positions on gestational surrogate motherhood and the bioethics development in this area. International efforts should be concentrated on establishing an international regulatory framework that will provide recommendations practical to national governments, particularly in the gradual prohibition of surrogacy.
Background: This article presents a scientific and legal analysis of the provisions of the current legislation of Ukraine and international legal acts in the field of protection of private property rights during the Russian-Ukrainian war. Based on historical and legal analysis of scientific heritage and modern scientific theories in the field of protection of private property rights and the right of possession by all subjects of public life, the authors of this article provide generalisations and recommendations for improving the effectiveness of international protection mechanisms in this area. Methods: The authors resort to numerous research methods, such as the method of philosophical dialectics and hermeneutics, historical, comparative, structural, and functional methods, analysis and synthesis, and induction. Results and Conclusions: The article examines international and Ukrainian regulatory legal acts that substantiate the mechanisms of acquisition, possession, and disposal of property owned by a person on the right of private property. Particular attention is paid to the latest problems associated with bringing to the established international responsibility war criminals involved in causing property damage and moral damage to the civilian population in connection with the destruction of private property. The authors suggest improving the mechanisms for the protection of the rights of private property that has been destroyed or damaged as a result of war crimes committed by Russian invaders on the territory of Ukraine.
Larysa Nalyvaiko, , Yuliia Lebedieva, and
Berostav Druzstvo
The article deals with the issues of international standards, and the experience of Lithuania in ensuring reproductive human rights. The authors focus on the fact that with the rapid development of technologies, including medical ones, the issue of proper provision of the reproductive rights of the individual belonging to somatic human rights has become acute. It is noted that at present legal regulation in European countries is differentiated and contains some gaps. The article demonstrates that numerous international documents regulate issues related to human reproductive rights
Igor M Kopotun, Bohdan M Holovkin, Larysa R Nalyvaiko, Iryna O Hrytsai, and Olena V Tkachova
Society for Research and Knowledge Management
The objective of this study is to experimentally test how the technique based on a “21-day Health Marathon” training under the students’ own program of intensive physical self-training being supervised by a personal tutor and stimulated by daily gain-and-loss-framed messages, and elements of gamification (badges for certain achievements) influences the formation of health-improvement competencies for future police officers, their learning motivation, conscious learning and to what extend this technique reformats students’ way of thinking in terms of continuous health-improvement. The 2X2 method of randomized split plots was used to analyze the quantitative data. A two-way ANOVA was used to identify the main results for the factors in the columns and lines, and to determine the degree of their interaction in the context of determining the effectiveness of the experiment. The data obtained in the focus group survey were processed using Textalyser web tool. To process students’ answers to the questions, we identified the most commonly used positive words in the answers that helped us identify broad categories of answers such as: “improvement”, “health”, “motivation”, “speed”, “concentration”, “future work”. The research has shown that the use of this model has a positive impact on the state of development of value-motivational and activity-reflexive components of health-improvement competencies in future police officers, as well as on their awareness of the main direction and model of their future professional activity focused on the formation of personality traits, and not just on obtaining a certain volume of theoretical professional knowledge. https://doi.org/10.26803/ijlter.18.11.12
Larysa Nalyvaiko, , Olena Marchenko, Vasyl Ilkov, , and
Institute of Society Transformation sp. z o.o.
On the basis of the analysis of international program documents and modern scientific researches devoted to the actual issues of counteraction to corruption, the problematic aspects in the implementation of the formula «definition measurement counteraction to corruption», which are hindering the state anti-corruption policy in many countries of the world, and in particular in Ukraine, are grounded. The authors of the article argue that effective counteraction to corruption, regardless of national context, depends on the coherence of a three-component mechanism which includes the categorical design of corruption, development and taking into account the features of economic development, political history of the country, its institutional «heritage», ethnic and socio-cultural traditions of proper and adequate tools for measuring corruption, and, finally, the formation of an adequate anti-corruption policy. Unlike other similar studies, this article attempts to reveal the underlying causes of the failure of anti-corruption programs which are of theoretically, methodologically and nationally determined character. The authors investigate the problem of combating corruption in its global and general social dimension, and, at the same time, on the example of the Ukrainian experience, which proves the need to develop a sound methodology for studying the level of corruption, taking into account the national specificity.