Кафедра загальнотеоретичного правознавства та публічного права

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Browsing Кафедра загальнотеоретичного правознавства та публічного права by Author "Kuzmenko, Hanna"

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    The genesis of the legal position of women in Ukraine-Rus from the beginning of the 10th century to the middle of the 14th century
    (2024) Kuzmenko, Volodymyr; Kuzmenko, Hanna
    The article is devoted to the problems of the genesis of the legal position of women in Ukraine-Rus from the beginning of the 10th century to the middle of the 14th century. Understanding of these problems is carried out from the standpoint of modern historical and legal science in the context of ensuring gender equality. Analyzing the development of the legal status of women in Ukraine-Rus, the author substantiates the need to distinguish two historical stages, the border of which was the adoption of Christianity. The work proves that in the pre-Christian period, the legal position of a woman was determined primarily by the norms of customary law, and her legal status was determined not so much by gender characteristics, but by her place in the social structure of society. Some women freely owned and disposed of considerable wealth, property, and land, while others could be in the status of slaves and concubines, deprived of any rights. It is substantiated that with the adoption of Christianity, the legal position of women changed significantly under the influence of the norms of Byzantine canon law. The Church ensured the elimination of the phenomenon of polygamy, concubinage, and marriage based on the abduction or purchase of a woman. At the same time, the church subordinated the woman to the authority of the man, obliging men to take care of the well-being of their women. In the work, the authors prove that unlike Western European legal systems, in which a woman was mostly perceived as an object, not a subject of legal relations, the legal status of Ukrainian women was much higher. Women in Ukraine-Rus were endowed with full civil legal capacity, and their lives, health, property, and honor were properly protected by the norms of material and procedural law, which did not foresee any restrictions based on gender.
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    Problems of Protecting Rights of Violent Crimes Victims: Aspects of the Harmonization Process of Ukrainian Law with EU Law
    (2024) Kuzmenko, Volodymyr; Kuzmenko, Hanna
    This study is dedicated to the research on harmonization problems of Ukrainian legislation with EU law in the field of ensuring victims of violent crimes rights. The historical prerequisites and the current state of development of European legislation in the field of ensuring organizational, legal and judicial mechanisms for the protection of the rights of victims of violent crimes are determined. These results are used to clarify and outline the problems in the same field in Ukraine through comparative legal methods and qualitative thematic analysis. Author concluded that the criminal procedural norms of Ukrainian law are not detailed enough in the sphere of protecting victims of violent crimes and are insufficient comparing to EU standards. Taking into consideration that Ukraine has enshrined on the constitutional level its strategic movement towards European Union and in 2022 got candidate to EU status and obligations to reform its legal system, the authors emphasize the necessity of implementing EU standards for rights of victims of violent crimes protection from revenge of perpetrators, secondary victimization and ensuring the right to compensation through supplementing Ukrainian legislation with norms and standards from the EU legal framework. The authors also stress on negative consequences of Russian intervention, which strongly affected the victims of violent crimes rights field, not only by increasing amounts of violent crimes and victims but also indirectly forcing to change the focus of attention of Ukrainian legislators and scholars on developing and ensuring legal mechanisms for the protection and compensation of victims of war crimes, while paying less attention to the problems of harmonization of Ukrainian legislation with EU standards in the field of protection of the rights of victims of violent crimes.