Kyiv Law Journal

THE EMERGENCE AND DEVELOPMENT OF LEGAL EDUCATION AND SCIENCE IN UKRAINE

N. B. Arabadzhy — Fri, 26 Sep 2025 00:00:00 +0300

This article analyzes the historical development of legal education and science in Ukraine, emphasizing their fundamental role in shaping the national legal system and the country’s civilizational progress. The study’s relevance stems from the urgent need to find innovative approaches to enhance legal education amidst its ongoing reform, modernization, and integration into the European and global educational landscape. The paper identifies key periods in the establishment of higher legal education in Ukrainian lands: from its inception in the 17th–18th centuries, through its development during the Soviet era, to the current stage of reform in independent Ukraine. It is underscored that the national system of legal professional training was formed at the intersection of domestic traditions and global achievements in legal thought, particularly the concepts of natural law. The decisive role of the state in shaping the content and forms of legal education, the high level of development of legal science within educational institutions, and the coexistence of state and non-state institutions are highlighted as defining characteristics of this system. Particular attention is given to the fact that reforming legal education is an integral component of overall legal reform. This aims to enhance the quality of legal professionals’ training in line with contemporary societal demands and international educational standards. Indeed, the level of professional training of lawyers directly impacts the effectiveness of law enforcement, the judiciary, and the functioning of state institutions. The creation of a European educational space necessitates a mandatory consideration of all historical heritage. Only a deep understanding of previous educational paradigms and a thorough analysis of their strengths and weaknesses will enable the effective reform of higher legal education and successful integration into the global and European intellectual community. Therefore, the comprehensive resolution of existing problems, the systematic integration of education, science, and practice, and the preservation of the principles of fundamental knowledge and reliance on scientific schools are critically important for the further development of legal education in Ukraine.

FEATURES OF THE DEVELOPMENT OF THE ADMINISTRATIVE-TERRITORIAL ORGANIZATION OF BAHMUT COUNTY (PROVINCE) IN THE 18TH CENTURY

A. S. Benitskiy — Fri, 26 Sep 2025 00:00:00 +0300

The work notes that at the beginning of the 18th century, a Cossack town – Bakhmut – arose on the salt mines in the area of the Bakhmutka River, which played an important role as a border town in the south-east of Ukraine. It is noted that after the suppression of the Bulavin uprising by the Moscow government, the Bakhmut salt mines were transferred to the Azov governor, and after the «salt case» control over salt production passed to the Salt Office, which was located in Bakhmut. Attention is drawn to the administrative-territorial changes that took place during the 18th century on the territory of the Bakhmut county (province). Thus, in 1709, Bakhmut county was formed as part of the Azov Governorate, which in 1719 was renamed a province within the same gubernia. In the second quarter of the 18th century, administrative-territorial reform was carried out several times in the Russian Empire. In 1775, the Bakhmut (Northern) Province was formed as part of the Azov Governorate. In 1784, the Bakhmut and Donetsk counties were formed as part of the Katerynoslav Governorate. In 1796, the Donetsk county was liquidated, and its territory was included in the Bakhmut county. It is noted that in Bakhmut, administrative bodies were concentrated that influenced the functioning of salt industries, the organization of the settlement of Slavic Serbia, the formation of Ukrainian one-court and Cossack settlements, etc. It is indicated that a feature of the Bakhmut province was that in some settlements there was dual administration. Part of the residents (salt makers, one-court, etc.) were subordinate to the Bakhmut office, and the Izyum Cossacks were subordinate to the hundred officer of the Izyum Sloboda Cossack Regiment. Attention is drawn to the fact that in the 1750s–1760s, due to the scarcity of land in the western part of the Bakhmut province, some of its inhabitants moved to the eastern territories, where settlements were formed, mostly named after the towns from which the settlers came. It is noted that a garrison (border) battalion, land militia, Bakhmut Cossack cavalry regiment, etc. were located on the territory of the Bakhmut county (province). The voivodeship office, magistrate, customs, investigative commissions, courts, etc. were concentrated in Bakhmut.

DIGITAL TOOLS IN THE CONTEXT OF DIGITALIZATION: CURRENT TRENDS AND PROSPECTS

V. V. Hedikov — Fri, 26 Sep 2025 00:00:00 +0300

The modern world is experiencing a rapid digital transformation, which significantly affects all areas of activity, including legal, educational, economic and managerial. Digital tools are becoming an integral part of the processes of automation, optimization and improvement of work efficiency in both the public and private sectors. The article examines key digital technologies and tools that determine the future development of society. The study analyzes the most common digital tools. Particular attention is paid to their application in the field of jurisprudence, business management and public administration. In particular, the advantages and challenges of using digital platforms for electronic document management, process automation, personal data protection and cybersecurity are considered. The article also highlights the prospects for further digitalization, its impact on the labor market, and legal aspects of the use of digital technologies. Digital tools are not only a means of increasing efficiency, but also a powerful catalyst for innovative development. The prospects for their application open up new opportunities for the transformation of social institutions, changing forms of communication and creating more flexible and adaptive management systems in the digital age. Digital tools in jurisprudence are not only a means of increasing the efficiency of legal processes, but also a factor in the formation of a more open, accessible and more adaptive legal system in the digital age. The results of the study demonstrate that digital tools not only simplify work processes, but also require adaptation to new challenges, including changing the legislative framework, modernizing the digital infrastructure and increasing the digital literacy of the population.

FUNDAMENTALS OF THE RULE OF LAW IN THE SCIENTIFIC WORK OF CICERO

S. H. Kelbia — Fri, 26 Sep 2025 00:00:00 +0300

The article studies Cicero’s position on the state as the property of the people, and where the people are united not only physically, but also by an agreement on law and common interests. The unification of people comes from the natural need of people to live together, as people avoid loneliness and seek communication. At the same time, he emphasized that a nation is not just a collection of people, but a community united by justice and common interests, governed by a common law and good. The article examines Cicero’s views on the analysis of three forms of government: royalty, government of the optimists and democracy, with his subsequent conclusion that each type of state has its own shortcomings and therefore it is impossible to determine the best. In tsarist power, other people are excluded from making decisions that depend solely on the will of the ruler. At the same time, the thinker reflects on the negative impact of the rule of optimists on the people by depriving them of power and participation in the governance of the state. The author shows Cicero’s opinion that the state in this case cannot be considered a proper state, and the rule of optimists does not meet either the interests of the people or the general principle of the rule of law. In a democracy, Cicero emphasizes the injustice of equality, since there are no steps in social status. It is emphasized that the thinker gives priority to the modern Roman state as the fourth type of state system, which combines the advantages of the other three types. He considers this new type to be the most favorable due to the balanced combination of various elements and the observance of a fair measure. It is noted that Cicero identifies tyranny as the greatest problem in any form of government. He characterizes a tyrant as a person who seeks power and oppresses the people. The author analyzes Cicero’s position that reason, prudence, thinking and prudence are the highest qualities that dominate everything. He believed that the nature of the world is determined by reason, and the divine mind governs both gods and people, calling for good and avoiding evil. Cicero’s idea that law is determined by nature, not by people through decisions or courts, is reflected. The law cannot violate the natural order or determine good from evil. Cicero noted the difference between the heavenly law, based on divine reason, and human-made regulations that are not capable of guiding people to do what is right. The law should aim at the good of citizens and the state, and maintain the peace and happiness of people.

COMPETENCIES IN PROJECT (GRANT) ACTIVITIES AS A COMPONENT OF THE COMPETENCY-BASED APPROACH TO TRAINING HIGHER EDUCATION STUDENTS – FUTURE LAWYERS IN HIGHER EDUCATION INSTITUTIONS IN UKRAINE: REGULATORY AND LEGAL BASIS FOR CONSOLIDATION AND EDUCATIONAL PRA

T. O. Kolomoiets, V. K. Kolpakov, S. A. Frankovska — Fri, 26 Sep 2025 00:00:00 +0300

Relevance of the topic. Fundamental reform of the principles of higher legal education in Ukraine, with their definition in innovative draft regulatory and legal acts (Draft Concept for the Reform of Legal Education, Draft Concept of the Draft Law of Ukraine on Higher Legal Education and Initial Access to the Legal Profession), which will determine the innovative vector of its future, involves focusing attention on ensuring that future lawyers are sufficiently competent to meet the demands of the times and the needs of the professional legal market, in terms of their ability to be competitive in the project (grant) sphere, with the possibility of effective integration not only into the domestic legal professional space, but also into European and international analogues. This requires future lawyers to develop a sufficient level of professionally-oriented project (grant) competencies while still studying at higher education institutions, with the possibility of putting them into practice both in part (elementary level) and in full (comprehensive level). This, in turn, gives rise to the question of clarifying the sufficient level of regulation in the acts of current legislation of the obligation of higher education institutions that train future lawyers to include the relevant aspect of the educational load in the educational process and to ensure a sufficient level of resource support for it in order to provide applicants with a sufficient basis for the implementation of relevant competencies in the professional sphere. In addition, given the educational practices that have already been implemented in Ukraine to address this issue, there is an urgent need to characterise them in order to identify successful models. The scaling of these models within the domestic legal environment would be advantageous and would contribute to enhancing the quality of training for higher education students–future lawyers–in terms of their competitiveness in project (grant) activity. The objective of this study is to analyse the regulatory and legal acts that define the principles of training future lawyers in Ukraine in terms of developing project (grant) competencies in higher education students, as well as existing thematic educational practices in higher education institutions. The study will seek to justify the feasibility of recognising the relevant competencies as a standardised integral part of the outcome of the general competency-based approach for future specialists, and to formulate proposals for scaling up effective, proven practices for developing such competencies in higher education institutions. The object of the work is social relations directly related to the formation of project (grant) competencies in higher education seekers who are future lawyers. The subject of the work is the regulatory and legal basis for consolidating and educational practices for developing competencies in project (grant) activities as part of a competency-based approach to training higher education students–future lawyers at higher education institutions in Ukraine. Research methods constitute a set of general scientific and specialized approaches that enabled a comprehensive analysis of the issue in its development (dialectical method), a focused consideration of key problem areas (methods of analysis, synthesis, induction, and deduction), and the formulation of the core conceptual framework (special legal and logical methods). The study also involved identifying and detailing the existing normative legal foundations and educational practices (methods of grouping and classification), highlighting successful models (comparative legal method, expert evaluation method). Furthermore, the argumentation method was employed to substantiate the position and to develop conclusions regarding the imperative nature of recognising project (grant-related) competences as an integral part of the competency-based training outcomes for future legal professionals. Finally, forecasting and modelling methods were applied to formulate proposals for scaling successful educational practices related to the development of such competences across the higher education institution network. Conclusions. The project (grant) competencies of higher education applicants are an integral part of their practice-oriented competency-based training in higher education institutions, the regulatory framework for which is enshrined in regulatory and legal acts that define the principles of training future lawyers in higher education institutions in Ukraine, and which are duplicated in draft regulatory and legal acts that will determine the vectors of the future of domestic legal education. In light of the distinctive characteristics inherent to the regulation of the principles governing their formation during the educational process in higher education institutions, and considering the autonomy of these institutions with respect to the practical content, organisational and resource support of the relevant process, and the resolution of all prevailing issues in accordance with this, a range of practices have been implemented with regard to the formation of project (grant) competencies of higher education seekers (educational proposals of higher education institutions with interdisciplinary (with separate thematic modules). The components of the programme under discussion are of a selective or purely specialised nature. Current and final assessment of participants’ level is conducted through a variety of means, including testing, situational analysis, project preparation and public presentation, with the possibility of their varied combination. Direct testing and the formation of practical experience in their implementation are also included, with varying degrees and effectiveness of coordination of the involvement of applicants in HEI project initiatives.

REASONS AND ORIGINS OF THE EMERGENCE AND DEVELOPMENT OF INTERNATIONAL HUMANITARIAN LAW AS A SEPARATE BRANCH OF LAW

Yu. I. Rusnak, T. Yu. Fedchuk — Fri, 26 Sep 2025 00:00:00 +0300

Purpose. The thesis is devoted to the problem of studying the causes and mechanisms of the emergence of international humanitarian law as a separate independent branch of the judiciary. There were disclosed the features of the historical process of the appearance of international humanitarian law as a system of universal international legal norms and treaties are revealed. There were identified main reasons for the appearance of international humanitarian law and the need for its separation into a separate independent branch of law.Methods. During the studying the emergence of international humanitarian law, the main attention was paid to the set of historical-legal and comparative-legal methods of cognition. The tools of comparative legal analysis were widely used to compare the historical conditions of a specific period of development of social processes and those legal mechanisms that were emerging in them. This made it possible to reveal a significant connection between factors of a socio-political and socio-economic nature on the one hand, and the processes of forming the system of international legal protection of war victims. A group of philosophical and legal methods were used separately, which made it possible to reveal the mechanisms of influence of the norms of international humanitarian law on socio-political processes, as well as to reveal their dependence on the development of legal consciousness in different periods of history of the 19th–21st centuries.Results. There were studied and determined the reasons for the emergence and development of international humanitarian law, among which the following stand out the most: the increase in the number of war victims due to the evolution of military technologies and the need to minimize the destructive impact of aggressive military conflicts. There were also defined the approaches to determining the reasons for the appearance and development of international humanitarian law. It was analysed of factors of influence of a socio-political, socio-humanitarian and international criminal nature on the process of its forming and developing. Among the main factors, in addition to the need to protect the lives and health of people, there are also those that are related to the inadmissibility of unjustified destruction of civilian infrastructure, the need to preserve the gradual development of humanity and compliance with civilizational principles of development.Conclusions. According to the results of the study, it was established that the development of international humanitarian law is a reaction of a progressive society to the destructive processes that took place during the late 19th and early 20th centuries, which caused the protection of the civilian population during armed conflicts.Subsequently, the need for such protection was extended to all victims of war, and the latest trends in the development of international humanitarian law tend to address the problems of preventing armed conflicts.There were determined the prospects for the further development of the system of international humanitarian law and the need to rethink its value.

THE ISSUE OF LIABILITY FOR DISTORTION OF COMPETITION IN EUROPEAN UNION LAW

M. М. Skundzia — Fri, 26 Sep 2025 00:00:00 +0300

This article is dedicated to the issue of liability for the distortion of competition within the legal framework of the European Union. The article remains underexplored among Ukrainian legal scholars, thereby necessitating a more comprehensive academic inquiry. The matter of liability for competition distortion is particularly relevant in the context of Ukraine’s European integration processes and the pressing need to harmonize Ukrainian competition law with EU legal standards. The article analyses the jurisdictional aspects and powers of the European Commission and national competition authorities of EU Member States, with particular attention to the delimitation of their competences. Special emphasis is placed on procedural aspects of the application of EU law concerning the investigation of competition distortions and the imposition of liability on infringers.In order to enhance understanding of the EU competition protection framework, the author distinguishes between the concept of “unfair competition,” characteristic of legal systems outside the EU framework, and the notion of “distortion of competition,” which serves as a broad term encompassing all forms of competition law infringements within the EU legal order.The paper also examines the fundamental principles governing the operation of the European Commission and national authorities responsible for the enforcement of competition law. The research is grounded in recent case law of the Court of Justice of the European Union, theoretical and practical contributions from both Ukrainian and foreign legal scholars, as well as relevant EU legal instruments regulating the protection against competition distortion. The research methodology employed includes comparative legal analysis, formal legal method, synthesis, and analytical techniques.

UNITED NATIONS CONVENTION AGAINST CORRUPTION: ASSESSMENT OF THE STATUS OF IMPLEMENTATION OF STANDARDS INTO NATIONAL CRIMINAL LEGISLATION

D. S. Arsentiev — Fri, 26 Sep 2025 00:00:00 +0300

The article defines and analyzes the standards for combating corruption set out in the United Nations Convention against Corruption. The United Nations Convention against Corruption, ratified in accordance with the Law of Ukraine No. 251-V of 18.10.2006, is one of the most comprehensive documents that defines the general content of the policy and practice of preventing and combating corruption, defines the standards that should be integrated into relevant national practice, as well as the limits of criminalization of corruptive illegal acts. Additional measures taken to assess the status of the implementation of the mechanism for preventing and combating corruption include conducting an annual survey of citizens on awareness and establishing the fact of tolerance of corruption, drawing up annual reports on the status of implementation of measures to combat corruption, etc. It was noted that today in Ukraine, a system of expertise of the state of compliance with anti-corruption legislation and the implementation of anti-corruption policy has been implemented and is successfully operating by establishing an algorithm of accountability and control. International cooperation is carried out by conducting joint projects and research in the field of combating corruption, which are based on the exchange of theoretical and practical experience in the formation and implementation of anti-corruption policy. It was concluded that the national criminal legislation, as well as the draft of the new Criminal Code of Ukraine, require further research and updating in terms of the formation of dispositions and sanctions of criminal law norms that establish criminal liability for corruption and corruption-related criminal offenses. In particular, this should also concern the clarification and alignment with international legal documents of the types of such illegal acts, as well as the types and amounts of punishments that should be imposed for their commission.

PREVENTION (PREVENTION) OF UNAUTHORIZED LIFTING OF A PART OR PLACE OF SERVICE IN A STATE OF MARTIAL LAW IN UKRAINE

A. О. Havlovska — Fri, 26 Sep 2025 00:00:00 +0300

The urgent problem of preventing the unauthorized leave of a part or place of service (hereinafter referred to as the HCP) in the conditions of martial law is analyzed, which has a significant impact on the defense capability of the Ukrainian state. The multifactorial nature of the HRS is noted, which leads to a decrease in the combat capability of military units, creates a shortage of personnel in important areas, worsens military discipline and has a critical impact on the turnover of the state. Analysis of statistics concerning criminal offenses in the form of HSF, which revealed a significant dynamics of increasing their number and a significant decrease in the effectiveness of criminal prosecution during the period of full -scale invasion of the Russian Federation.The complex of interconnected initiatives aimed at effective prevention of HSF is outlined. In particular, the need to improve the regulatory framework is emphasized, which covers not only the development and modification of norms that determine the responsibility for the HCP, but also the creation of mechanisms for voluntary return and further reintegration of servicemen. The importance of implementation of international standards of military law and human rights standards to increase transparency and fairness in the military sphere is emphasized. The need to strengthen the institutional capacity of the bodies responsible for ensuring law and order in the Armed Forces and the use of risk-oriented approaches to the proactive influence on the factors that determine the LCD are proposed.The importance of creating a favorable moral and psychological climate in military units is emphasized, which involves psychological support, effective resolution of conflicts and preventing non-statutory relationships, ensuring the proper conditions of service, which significantly reduces the stress and risks of HSF. It is determined that systematic informing of military personnel about their rights, responsibilities, legal consequences of the HSF, as well as the existing mechanisms for the protection of their interests contributes to the formation of a high level of legal culture and will facilitate the prevention of HSCs. The need to develop and implement effective re -socialization programs for military personnel who committed the HCP in order to restore the potential of the Armed Forces personnel and its integration into the state defense system.

THE OBJECT OF SMUGGLING: PROBLEMATIC ASPECTS

D. O. Zabavskyi — Fri, 26 Sep 2025 00:00:00 +0300

The article analyzes the object of the criminal offense of smuggling, including from a historical perspective. It is argued that the most common approach in Ukrainian criminal law doctrine – according to which the object of smuggling is the legal procedure for moving goods or other items across the customs border of Ukraine – should be treated critically. On the one hand, this procedure does not suffer any harm as a result of the smuggling act and always remains unchanged. On the other hand, associating the object of smuggling with this procedure essentially leads to neglecting the actual direction of this crime – that is, the social relations protected by the Criminal Code and regulated through the relevant provisions of customs legislation.It is noted that the object of smuggling varies depending on the type: smuggling of goods (including excisable ones), cultural values, poisonous, potent, explosive substances, radioactive materials, weapons, ammunition, firearm components, special means of covert information gathering, timber, and valuable wood species. However, in any case, it is not related to economic activity or business operations.The article supports the position that the term “smuggling” should cover only the illegal movement of goods (including excisable ones) across the customs border of Ukraine.It is emphasized that the social danger of smuggling does not lie in the violation of the constitutional foundations of legal order in the economic sphere, but rather in the evasion of customs duties and other payments (excise tax, value-added tax). Attention is drawn to the fact that financial relations involving business entities that arise during the formation and oversight of budgets at all levels are not regulated by the Commercial Code of Ukraine. It is argued that smuggling is directed at economic relations related to the formation of monetary funds (both centralized and decentralized). The article concludes that smuggling should be regarded as a criminal offense against the financial system.

GENERAL SOCIAL MEASURES FOR THE PREVENTION OF CRIME IN THE BUDGETARY SPHERE

S. V. Ivashko, S. V. Petrenko — Fri, 26 Sep 2025 00:00:00 +0300

This article explores the issues related to the high level of crime in Ukraine, with a particular focus on preventive measures targeting crimes in the budgetary sphere. It is noted that general social crime prevention measures are aimed at creating conditions that reduce the risks of committing criminal offenses related to the budgetary system. These measures are an essential part of the overall crime prevention strategy, targeting the root causes and conditions that foster criminal behavior.Emphasis is placed on the formation of legal values and the consistent application of legal norms, which help cultivate a high level of legal consciousness among citizens. Such measures serve not only a preventive function but also contribute to long-term strategic development.Attention is drawn to the fact that individuals who commit budget-related crimes are often special subjects defined by the criminal legislation of Ukraine. These offenses typically involve embezzlement of public funds, abuse of office, or corruption-related criminal acts. One of the primary responsibilities of the state is to develop and implement a comprehensive set of actions aimed at eliminating the causes and conditions that facilitate criminal activity. Preventive measures must address not only the conduct of specific individuals (especially public officials) but also broader negative social phenomena. This is achieved through optimizing the budget process at all levels, enhancing the transparency of government bodies, and improving the legal literacy of employees in the budgetary sector.Prevention of crime in the budgetary sphere should be understood as a set of scientifically grounded and complex actions undertaken by the state to improve social relations, eliminate negative factors, and prevent offenses at various stages of criminal behavior.In the current realities of martial law, general social measures for crime prevention in the budgetary sphere play a crucial role, as they contribute to strengthening public condemnation of corrupt and criminal behavior, promote legal values, foster legal awareness among citizens, and reinforce the principle of the inevitability of punishment.

COMPARATIVE LEGAL ANALYSIS OF CRIMINAL LIABILITY OF MILITARY PERSONNEL FOR OFFENSES INVOLVING MILITARY PROPERTY: NATO COUNTRIES’ EXPERIENCE AND PROSPECTS FOR UKRAINE

R. P. Lavronov, A. O. Shostak — Fri, 26 Sep 2025 00:00:00 +0300

This article presents a comparative legal study of the regulation of criminal liability for offenses involving violations of the procedure for the use and storage of military property in the legislation of leading NATO countries. The paper thoroughly examines the regulatory approaches of the United States, the United Kingdom, France, and Canada concerning the legal status of military property, the elements of criminal offenses, the characteristics of the offender, and the conditions of criminal prosecution. Differences in the structure of legal norms establishing criminal liability for unlawful handling of property in the armed forces are analyzed, with a focus on the distinction between negligence and intent, as well as the specifics of determining aggravating circumstances. The author outlines the forms of guilt, typical components of the actus reus, and approaches to the legal qualification of acts depending on their consequences and circumstances.Special attention is paid to the distinction between criminal and disciplinary liability, which in NATO member states is supported by well-defined procedural grounds and ensures an effective response without violating the principle of proportionality. The article addresses the structure of military jurisdiction, including the functioning of specialized courts, internal investigative bodies, and control mechanisms. It is shown that military justice models in the USA, the UK, France, and Canada aim to balance judicial independence with internal accountability within the armed forces. Based on the analysis, conclusions are drawn about the applicability of selected foreign practices to Ukraine. Under martial law and increased use of logistical resources, the formation of an effective system for preventing military-related offenses becomes particularly relevant. This includes internal audits, institutional oversight, clear legal definitions of property, and well-structured procedural responses.The findings of the article may serve as a foundation for improving Ukraine’s criminal legislation regarding the legal regime of military property and ensuring national defense in alignment with Euro-Atlantic legal standards.

THE ACTIVITY OF LAW ENFORCEMENT AGENCIES IN PREVENTING TAX CRIMES

Yu. A. Moroz — Fri, 26 Sep 2025 00:00:00 +0300

The article deeply and systematically investigates the activities of law enforcement agencies of Ukraine in preventing crime in the field of taxation. The author identifies specific features of tax offenses that distinguish them from other types of economic offenses. The main forms and methods of law enforcement agencies are characterized, which include operational and investigative activities, preventive measures, information and analytical support, and criminal-legal response. Considerable attention is paid to analyzing the effectiveness of already implemented measures, as well as identifying shortcomings that reduce the effectiveness of law enforcement agencies in this area. The need for comprehensive improvement of existing legal and organizational mechanisms for preventing tax crime is argued. Special emphasis is placed on the need to strengthen interdepartmental coordination between law enforcement and fiscal agencies, which will allow more effective use of available resources and ensure prompt response to tax offenses.The article specifically focuses on the role of modern information technologies, which significantly increase the effectiveness of detecting tax evasion schemes, allow for more effective analysis of large amounts of financial and economic information, and also contribute to the prevention of offenses at the initial stages of their development. Particular attention is paid to the issue of improving the skills and professional level of law enforcement officers. It is proven that regular specialized training and continuous professional development of employees is a key factor that ensures high-quality and timely fulfillment of tasks in the field of combating crime.A significant aspect of the article is the analysis of the possibilities of using foreign experience, in particular the best practices of European countries, in order to adapt them to Ukrainian conditions and build an effective system for combating tax crime. This, in turn, will contribute to strengthening the financial and economic security of the state.

STATE BORDER SECURITY AS THE OBJECT OF CRIMES UNDER ARTICLES 332–332² AND 334 OF THE CRIMINAL CODE OF UKRAINE

P. V. Tsvelikh — Fri, 26 Sep 2025 00:00:00 +0300

The article analyzes, including from a historical perspective, the object of criminal offenses in the sphere of the inviolability of state borders. It is argued that the most widespread approach in Ukrainian criminal law doctrine – according to which the object of the acts provided for in Articles 332–334 of the current Criminal Code of Ukraine is the legally established procedure for crossing the state border of Ukraine (a position also taken by the drafters of the new Criminal Code) – is unfounded. On the one hand, this procedure does not suffer harm as a result of the mentioned actions and always remains unchanged; on the other hand, associating the object of these crimes with the border-crossing procedure ignores their true orientation, which lies in the realm of state security.It is argued that the inviolability of state borders is an integral part of national security and is protected under Section I of the Special Part of the Criminal Code. The article supports the position that state security and national security should be differentiated as distinct objects of criminal law protection. It is emphasized that state security – understood as the protection of state sovereignty, territorial integrity, and the democratic constitutional order – should be distinguished as a component of national security, while state-level security in a broader sense should also include the protection of other vital national interests, including border security.The article concludes that the generic object of the acts provided for in Articles 332–332² and 334 is the state’s border security, which does not include violations related to the transfer of goods subject to state export control (as such acts do not infringe upon this security). Border security is defined as a set of public relations aimed at realizing the state’s vital interests in the border space, the proper functioning of which is ensured through the establishment and maintenance of the state border regime of Ukraine.It is proposed to amend both the title of Section XIV of the Special Part of the current Criminal Code and the title of Section 9.3 of the draft of the new Criminal Code of Ukraine accordingly.

COERCIVE MEASURES OF EDUCATIONAL NATURE: LEGAL NATURE AND SPECIES

Yu. V. Tsurkan-Saifulina — Fri, 26 Sep 2025 00:00:00 +0300

The article examines the legal nature of compulsory educational measures for minors and persons under the age of criminal liability in criminal law of Ukraine as a special form of state response to the offense. It is noted that compulsory measures of an educational nature are an independent criminal law and criminal procedural institute, which has the features of the inter-sectoral institute of juvenile responsibility. It is emphasized that the essence of compulsory measures of educational nature lies in the refusal of the state from the full punitive potential of the criminal law, replacing it with measures focused on educational influence, re -socialization and prevention, which emphasizes the priority of preventive and educational functions in criminal law with respect to criminal law. The signs of the Institute of Coercive Educational Measures were made and it is determined that the Criminal Code of Ukraine contains an exhaustive list of their types, which provides opportunities for individualization of educational influence on a minor and persons under criminal responsibility.The key characteristics of the institute of compulsory educational measures were highlighted and a number of significant shortcomings in the legal regulation and practice of coercive measures of educational nature (lack of objective criteria for the choice of the event, insufficient specification of their content, gaps in the regulation of the terms and mechanisms of control, failure, non -control, are not identified. bodies, lack of qualified specialists and resources, lack of efficiency monitoring and risk of social stigmatization of a minor). It is summarized that the Institute for Coercive Educational Measures is an important element of juvenile justice, but its effective functioning must be eliminated existing legal and practical shortcomings.

FREE NOTARY SYSTEM: REGULATING THE STATUS OF NOTARIES

V. V. Barankova — Fri, 26 Sep 2025 00:00:00 +0300

The article is devoted to the study of the peculiarities of the legal status of a notary, the legal basis of the Latin notary system in this regard and the peculiarities of its regulation in Ukrainian notarial legislation. It is substantiated that the essence of notarial activity, its tasks and functions testify to the public law nature of the notary as a body of indisputable civil jurisdiction. The author emphasises the combination of public law and private law aspects in the legal characteristics of notaries. The author also notes the lack of legislative regulation of the notary status and imperfection of the legislative definition of the notary concept. Thedefining characteristics of the notary status are outlined. Proceeding from the fact that the division of notaries into two types is not due to the nature of their duties, but to the peculiarities of organisation and financial support of notarial activities, it is concluded that the status of private and public notaries is the same in terms of their performance of public functions, and a private notary has a unique dual status as an official and a person of a free legal profession at the same time, despite the fact that he/she is not employed by the State apparatus and does not receive a salary from the budget. There is a fundamental difference between notarial and entrepreneurial activities, on the one hand, and between notarial and managerial activities, on the other. The author proves the necessity of legislative definition of the status of a private notary as an official or a person of public authority and identifies the possible consequences of a correct definition of the status of a notary as a subject of law enforcement in the undisputed area, which should serve as a basis for reforming the notary system, in particular, with regard to the procedure for vesting notarial powers, limiting the number of notary positions in notary districts, legislative regulation of the amount of payment for notarial acts (establishment of notarial tariffs), detailing the legal mechanism of state control over notarial activities, notary liability, etc. Proposals on trends of changes in the notary legislation of Ukraine are formulated.

INDISPUTABILITY AS THE MANDATORY CONDITION FOR NOTARIAL PROCEEDINGS ON NOTARISATION OF FACTS

I. V. Bondar, I. S. Melnyk — Fri, 26 Sep 2025 00:00:00 +0300

The article highlights that indisputability in the notarial process is established and verified at all stages of notarial proceedings. The indisputability concerns not only the absence of a dispute between the subjects applying for a notarial act to be performed, the legality of the grounds, etc., but also the documents submitted to the notary (or prepared by the notary) necessary for the notarial proceedings. The information and documents must contain indisputable facts, which are necessary for the performance of notarial acts, and the notary’s task is to establish such facts. The aim of the article is to highlight the theoretical and practical aspects of notarisation of indisputable facts by a notary. It is stated that important is to carefully examine the submitted documents and pay attention to any signs of their invalidity and compliance with the requirements established by law. The notary is obliged to strictly follow the notarial procedure, however, it should be understood that in many cases the notary will not be able to detect falsification of documents. It is determined that the notary is obliged to examine the document, analyse its content, including for the availability of information that degrades the honour, dignity and business reputation of an individual or legal entity, appearance and condition (whether it contains damage that makes it impossible to read the text, unspecified corrections, etc.), analyse the details (their availability and compliance with the requirements established by law), and investigate the presence of signs of falsification that can be seen during a visual inspection of the document (erasures, additions, etc.). It is established that a full and comprehensive examination and analysis of documents by a notary is the key to ensuring indisputability while performing notarial proceedings on the notarisation of facts.

MEANS OF STATE SUPPORT FOR ECONOMIC ENTITIES

A. O. Helych, Yu. O. Helych — Fri, 26 Sep 2025 00:00:00 +0300

The article is devoted to the economic and legal principles of state support for economic entities under martial law, transformational economy and European integration obligations of Ukraine. The emphasis is on the modern understanding of state participation in the economy through the prism of supporting action aimed at ensuring defence capability, economic stability and restoration of production and social infrastructure. The authors analyse the regulatory framework, in particular the provisions of the Constitution of Ukraine, the Economic Code of Ukraine, the laws of Ukraine “On State Assistance to Economic Entities”, “On Development and State Support of Small and Medium-Sized Entrepreneurship”, “On State Support for Investment Projects with Significant Investments”, etc., emphasizing the fragmentation of legal regulation. The concepts of state support and state aid are delimited, and the need to systematize approaches to regulating the forms, methods and means of state participation in the economic sphere is indicated. The positions of Ukrainian jurists on the classification of forms of support and determining the principles of its admissibility are considered. The provisions of the Association Agreement between Ukraine and the EU are also analysed as guidelines for harmonizing legislation in the field of state aid. Attention is drawn to the formation of a new institution under the President of Ukraine, which aims to ensure guarantees of the constitutional right to entrepreneurial activity and to intensify work on the qualitative development and implementation of the investment potential of Ukraine. The article proposes to address the needs of: systematizing legislation regulating state support for business entities on the basis of the Law of Ukraine “On State Aid to Economic Entities”, which was adopted in accordance with the Association Agreement; delimiting state support and the implementation of investment projects with the participation of public entities; normalizing institutional forms of state support, state incentives and guarantees of economic activity.

SPECIFICS OF COMPETITIVE RIGHTS IMPLEMENTATION IN SPECIAL PROCEEDINGS OF CIVIL PROCEEDINGS

O. O. Hrabovska — Fri, 26 Sep 2025 00:00:00 +0300

The article is devoted to the specifics of implementation of competitive rights in special proceedings. Doubts are expressed regarding the expediency of enshrining in Part 3 of Article 294 of the Civil Procedure Code of Ukraine the provision according to which cases of special proceedings are considered by the court in compliance with the general rules, established by this Code, with exception of the provisions on adversarial nature. It is noted that the absence of a dispute between the parties in cases of special proceedings raises doubts about the validity of the judicial procedure for resolving them. However, attention is drawn to the fact that society recognizes the judicial procedure for protecting certain indisputable rights, freedoms or interests as correct and appropriate, and the court decision is the act that most qualitatively performs its function in a certain area of legal relations, taking into account, at least, most categories of civil cases in special proceedings that are considered in this manner. It is argued that in context of legal nature of special proceedings cases, a dispute about law should not be confused with a dispute about facts and evidence. If disputed legal relations of a substantive nature arise, then, in accordance with Part 6 of Article 294 of the CPC of Ukraine, the court leaves the application without consideration and explains to interested persons that they have the right to file a claim on general grounds. As for challenging facts and evidence, these are adversarial rights that belong to all participants in special proceedings in accordance with Article 43 of this Code. A comparative analysis of provisions of Article 12 “Party Competition” with the provisions of Section IV “Separate Proceedings” of CPC of Ukraine and the substantive elements of legal nature of certain categories of civil cases considered by courts in the order of special proceedings was carried out, as a result of which a reasoned conclusion was made that the provisions of Part 3 of Article 294 of the Code, according to which cases of special proceedings are considered by the court in compliance with the general rules established by this Code, with the exception of provisions on adversarial proceedings, do not correspond to the actual state of affairs, since the majority of Article 12 provisions apply to participants in specail proceedings: equality of participants in special proceedings in exercising all procedural rights and obligations provided for by law (Part 2 of Article 12), the obligation to prove the circumstances that are relevant to the case and to which the applicant and other participants in special proceedings case refer as the basis for applying to the court with an application, providing the court with an opinion, etc., objections to granting the application, etc. (Part 3 of Article 12), the potential presence of risks for applicants in special proceedings cases of consequences associated with their taking or failing to take procedural actions (part 4 of article 12). It is also proven that when considering special proceedings cases, the court exercises the rights and obligations stipulated in Part 5 of Article 12 of CPC of Ukraine: management of the course of civil proceedings; clarification, if necessary, to the participants in the trial of their procedural rights and obligations, the consequences of committing or failing to commit procedural actions; assisting participants in the judicial process in exercising their rights provided for by this Code; preventing abuse of their rights by participants in the judicial process and taking measures to ensure that they fulfill their obligations.

ORGANIZATION OF COLLECTIVE MANAGEMENT IN THE SYSTEM OF LEGAL REGULATION OF PROTECTION OF PERFORMERS’ RIGHTS TO THE RESULTS OF CREATIVE ACTIVITY IN UKRAINE

R. R. Kalyn — Fri, 26 Sep 2025 00:00:00 +0300

The study examines the conceptual foundations of the functioning of collective management organizations as a key element of the legal regulation system for the protection of performers’ rights to the results of creative activity in Ukraine. The legal nature of collective management organizations (CMOs) is analyzed, including their status as legal entities and subjects performing intermediary functions between rights holders and users of works. The regulatory framework defining the legal status of CMOs is outlined, in particular, the Law of Ukraine «On Copyright and Related Rights» and the Law of Ukraine «On Effective Management of Property Rights of Rights Holders in the Field of Copyright and/or Related Rights.» Special attention is paid to the functional purpose of CMOs, among the main aspects of which are licensing the use of works, collecting and distributing royalties, monitoring the legality of the use of copyright objects, representing performers’ interests in court proceedings, and maintaining registers of rights holders and licensees. The main types of collective management are defined: voluntary, which involves the independent transfer of rights by performers; extended, which requires all users of a certain category of works to obtain a license from a CMO; and mandatory, which applies in cases where individual licensing is impossible or ineffective. The importance of innovative technologies in CMO activities is revealed, in particular, the use of blockchain systems for transparent royalty distribution, artificial intelligence for automated monitoring of copyright infringements, as well as digital rights management technologies for protecting content in the digital environment. It is emphasized that such approaches contribute to increasing the efficiency of copyright management, minimizing violations, and optimizing the mechanism for distributing remuneration to performers. The dual legal nature of CMOs in the legal regulation system is highlighted, both as subjects operating within the framework of legislation and as instruments ensuring the implementation of legal norms, royalty distribution mechanisms, and performers’ rights protection in national and international contexts. The conclusion is drawn that in the conditions of digital transformation, CMOs play a crucial role in shaping a balanced system of legal regulation that meets the challenges of the modern cultural and information space.

DETERMINATION BY THE COURT OF THE METHOD OF PROTECTION OF THE RIGHTS AND INTERESTS OF A PARENT LIVING SEPARATELY FROM THE CHILD IN THE CONTEXT OF ENSURING CLARITY AND PRECISION OF THE COURT DECISION

V. I. Kostiuk — Fri, 26 Sep 2025 00:00:00 +0300

The article is devoted to the analysis of court opinions on removal of obstacles and determination of the manner of participation of a parent living separately in communication with a child and his/her upbringing and their impact on further exercise of parental rights after the court decision is made, enters into force and is enforced. The author establishes that the court decision contains the phrases adjusted for the implementation of meetings of a parent living separately from the child, in particular, “in the presence of the parent living together”, “at the request of the child”, “by agreement between the parents”. Based on the position of the Supreme Court of Ukraine, it is stated that the child’s wish cannot be the basis for a court decision, given the fact that the child is permanently living with one of the parents who has a conflict with the separated parent, which negatively affects the child’s perception of his or her personality. In the future, this formulation will lead to the maintenance of established obstacles to communication and upbringing of the child and the impossibility of enforcement of the decision. It is determined that the child’s wishes are constantly negatively adjusted by one of the cohabiting parents. In the case of an agreement between the parents, it was established that the court opinion with this statement was erroneous, since the basis of court disputes on this subject is a conflict between the parties, so in general such an action as an agreement is impossible. If one of the cohabiting parents is present at the meeting, there may be a risk of conflicts with the children involving the cohabiting parent, which will prevent the cohabiting parent from establishing contact with the child and will negatively affect the child’s psychological and emotional state. The author also analyses court cases on the actions or inaction of state enforcement officers and identifies certain problems, in particular, significant delays in imposing a fine on the debtor in case of failure to comply with a court decision, failure to carry out enforcement actions within a certain time, and drafting acts on the execution of a court decision without actually performing the actions specified in the court decision.

SUBJECTS OF THE REGISTRATION OF REAL ESTATE: PROCEDURAL STATUS AND FEATURES OF IMPLEMENTATION

Yu. P. Pylypenko — Fri, 26 Sep 2025 00:00:00 +0300

The article clarifies the procedural status of subjects of state registration of real estate objects. The system of subjects of state registration of real estate objects is determined, their procedural status and features and problems of its implementation are clarified. As a result of the study, it was established that subjects of the administrative procedure for state registration of real estate objects can be divided into the following groups: 1) state registrars of rights to real estate – officials of local government bodies (united territorial communities, village, settlement, city councils), who have received powers in the field of state registration); 2) state registrars of structural divisions of territorial bodies of the Ministry of Justice of Ukraine (in cases specified by law); 3) notaries – have the right to carry out state registration of rights to real estate and their encumbrances on a par with state registrars, when it comes to transactions certified by a notary; 4) subjects of state registration accredited by the Ministry of Justice – legal entities of public or private law that have received accreditation from the Ministry of Justice of Ukraine to perform state registration functions (for example, administrative service centers – ASNs). The need to distinguish the administrative and legal status of subjects of the administrative procedure for state registration of real estate objects – individuals (applicants) and subjects of government authority (subjects of state registration) has been established. It has been proven that the elements that characterize the administrative and legal status of subjects of the administrative procedure for state registration of real estate objects – individuals (applicants) should include: administrative legal capacity, administrative capacity, rights and obligations, guarantees of the exercise of rights, administrative liability; The elements that characterize the administrative and legal status of the subjects of the administrative procedure for state registration of real estate objects – subjects of authority (subjects of state registration) should include: administrative legal capacity, administrative capacity, competence, guarantees of the exercise of competence, disciplinary and administrative liability.

ON THE CONDITIONS FOR THE CONSIDERATION OF CASES ON ESTABLISHING FACTS WITH LEGAL SIGNIFICANCE IN CIVIL PROCEEDINGS IN A SEPARATE PROCEDURE

P. A. Polishchuk — Fri, 26 Sep 2025 00:00:00 +0300

This article presents a comprehensive analysis of the specific issues concerning the conditions under which cases for establishing facts that hold legal significance are subject to review in civil proceedings in a separate manner. The study reviews relevant legislation, doctrinal approaches, and judicial practice related to the judicial establishment of facts with legal importance. It identifies the scope of conditions that permit such cases to be considered in civil proceeding, specifically within a separate process. According to civil procedural law, other legal facts–those that influence the emergence, modification, or cessation of personal or property rights of individuals–may also be examined in civil proceedings if legislation does not prescribe a different method for their establishment. Furthermore, due to the introduction of martial law in Ukraine, there has been a necessity for individuals to seek legal protection of their rights connected with this regime. This has created a need to establish additional legal facts through judicial process, such as the fact of forced displacement resulting from Russia’s armed aggression. Based on legal norms and judicial jurisprudence–particularly the practices of the Supreme Court– it has been determined which legal facts are not subject to review in civil proceedings. Examples include establishing the fact of detention by occupation authorities, the fact of disability group and its onset time, incapacity for military service with removal from military registration, or the fact confirming the right to a dwelling or its exchange. Therefore, it must be emphasized that only those facts that meet specific conditions and possess legal significance can be considered in civil proceedings in a separate process. These facts must be actual, not merely legal, and their purpose must be clearly articulated; their establishment must be independent of any dispute over rights (i.e., no underlying controversy). Additionally, there should be no other means available to establish the fact, and current legislation must not envisage an alternative extrajudicial procedure for its establishment.

DIVISION BETWEEN SPOUSES OF A SHARE IN THE AUTHORIZED CAPITAL OF A BUSINESS COMPANY: THEORETICAL ASPECTS AND PRACTICAL CHALLENGES

O. S. Prostybozhenko — Fri, 26 Sep 2025 00:00:00 +0300

The article is devoted to the study of the legal patrimonial regime of a share in the authorized capital of a business company as an object of spouses’ joint property. The author conducted the study of the development of this civil rights object, analyzed the change in approaches that have developed in judicial practice, and offered his own vision of the prospects for the further development of the legal patrimonial regime of this object. The author emphasizes that the adoption of the Law of Ukraine “On Limited and Additional Liability Companies”, the legislator changed its approach to the nature of these company types. In particular, the relationship between the company participants is no longer considered to be personal, there are no restrictions for the entry of new participants without the consent of the existing ones. By analogy with inheritance, the second spouse can join the company without the need to obtain separate consent from other participants. These company types have become more similar to joint-stock companies, in which, as a general rule, current shareholders cannot block the entry of new shareholders. As a result, any obstacles to the division of shares in the authorized capital between spouses have disappeared. Moreover, the division of the share in the authorized capital between the spouses is more balanced in terms of taking into account each spouses’ interests. This method of dividing the spouses’ joint property would guarantee a fair approach to the division of assets and would allow each spouse to properly exercise their right of ownership to the corresponding share in the authorized capital, including both the right to receive dividends and the right to manage the company. Considering that the legislator has departed from the principle of preserving personal ties between the company’s participants, this method of dividing the share in the authorized capital is permissible even if there are other participants.

CONTRACTUAL FORMS OF ORGANIZATION AND IMPLEMENTATION OF ECONOMIC TRADE ACTIVITIES

A. O. Fatieiev — Fri, 26 Sep 2025 00:00:00 +0300

The article analyzes the most сhallenging issues on contractual regulation of of economic trade activities in current business circumstances and proposes the ways for their overcoming. The challenges for developing legal regulation of economic trade activities include the abolition of the Economic Code of Ukraine, the absence of a special law on trade activities, as well as the deepening of Ukraine’s integration to the European Union, functioning of a Deep and Comprehensive Free Trade Area between Ukraine and the EU, aimed at ensuring free movement of goods and services. It is argued that an economic trade contract should be considered as a generic concept for various contracts that mediate economic trade relations. It is concluded that the system of economic trade contracts include the sale of goods contracts (as a basis for trade turnover and implementation of economic trade activities, e.g. wholesale purchase and sale contract, supply, etc.); intermediary contracts concluded in the interests of a participant in trade turnover (commission contracts, mandate contracts, agency contracts); contracts that facilitate trade (storage contracts, insurance contracts, creation of advertising products contracts); and organizational trade agreements (contracts between governmental bodies, local authorities and economic trade entities). It is specified that the economic trade contract is characterized by a combination of the private interest of economic entities and the public interest in order to ensure public economic order. The abovementioned makes it necessary to establish restrictions on contractual freedom and a number of requirements for the acquisition of legal personality for economic entities, which carry out trade activities on a professional basis, systematically, aimed at obtaining profit and ensuring the movement of property and services in economic turnover.

LEGAL ASPECTS OF REGULATION OF ENTREPRENEURIAL ACTIVITY IN THE CONDITIONS OF DIGITALIZATION OF THE ECONOM

B. V. Shuba, V. O. Dzhun — Fri, 26 Sep 2025 00:00:00 +0300

This article examines the various forms, mechanisms, and types of digitalization adopted by business entities, with a focus on the emergence and implementation of economic legal relations. Digitalization is presented not as a definitive goal but as an ongoing process that integrates innovative digital technologies into enterprise operations while reducing reliance on physical assets. To successfully drive business transformations, enterprises must establish clear development strategies, invest in advanced technologies, and prioritize the professional development of their workforce. Among the current methods of digitalization, electronic document management plays a central role, enabling the replacement of traditional paper documents with digital counterparts. The study specifically explores the contractual and legal frameworks governing business transactions within the dynamic context of digitalization. It provides insights into contemporary challenges and highlights the gaps in legal support for electronic contractual interactions among stakeholders in the economic cycle. The author identifies the absence of a unified approach for updating traditional contract law principles to incorporate the nuances associated with electronic contracts. Significant emphasis is placed on the process of drafting and concluding electronic contracts involving economic entities. This includes a detailed analysis of the concept of an “electronic form of contract” and its legal implications. Drawing from scholarly perspectives and the current legal framework in Ukraine, the research investigates key elements such as electronic offers and acceptances, while addressing procedural considerations for their execution. The article underscores that the process and format of concluding commercial contracts hinge on the sequential actions taken by parties to reach consensus on crucial terms. This process adheres to legally prescribed steps to ensure that the contract attains binding legal status. Legislation governing electronic commercial contracts includes the Commercial Code of Ukraine, the Civil Code of Ukraine, the Law of Ukraine “On Electronic Commerce,” and the Law of Ukraine “On Electronic Documents and Electronic Document Management.” These laws collectively outline the procedural norms and specificities involved in electronic contract formation. An electronic commercial contract possesses distinct characteristics: it holds equivalent legal status to a written agreement, can be authenticated using either electronic digital signatures or specialized software, and serves as admissible evidence during legal proceedings.

CORPORATE GOVERNANCE IN BUSINESS COMPANIES: CURRENT STATUS AND WAYS TO IMPROVE

B. V. Shuba, R. H. Shchokin — Fri, 26 Sep 2025 00:00:00 +0300

The article is devoted to a detailed analysis of the peculiarities of corporate governance in Ukrainian business entities in accordance with modern realities, with an emphasis on identifying problems and determining ways to improve, paying attention to international standards and national characteristics. This study emphasizes the effectiveness of corporate governance as a fundamental condition for the successful functioning of any modern company, ensuring its sustainable development, increasing its investment attractiveness, and protecting the interests of all parties involved. Despite positive developments in the formation of a legislative platform for corporate governance, numerous problems remain in Ukraine, such as an imperfect legal system, limited protection of investor rights, and insufficiently transparent regulation of corporate relations. The authors of the article highlight modern approaches to defining corporate governance, interpreting it either as the activities of all entities involved in the process of managing a company or as exclusively the activities of legal entities and representative structures. In the context of regulatory and legal regulation of corporate governance, the provisions of the Civil and Commercial Codes of Ukraine, the laws “On Joint Stock Companies,” “On Limited and Additional Liability Companies,” “On Securities and the Stock Market,” “On Protection of Economic Competition,” as well as amendments to the Corporate Governance Code aimed at ensuring the effectiveness of this industry. Much attention is paid to reviewing the overall state of corporate governance in Ukraine, which shows a gradual convergence with international standards. The document notes that the main tasks remain the transparency of the management process, the improvement of the mechanism for protecting the rights of all participants in corporate relations, the active development of corporate culture, and the strengthening of the effectiveness of corporate social responsibility in sustainable development. Lack of transparency, shortcomings in the work of supervisory boards, low level of corporate culture, insufficient attention to social responsibility, and limited access to relevant information. In the context of the study, recommendations were made to improve corporate governance. In particular, improving the regulatory framework and its effective implementation in practice, enhancing the role of supervisory board members, strengthening standards for transparency and accessibility of information regarding the economic aspects of business entities, deepening the protection of investor and shareholder rights, and developing the principles of corporate culture. The importance of cooperation with international organizations in order to obtain advice from leading experts and technical support was emphasized. Thus, the article confirms the key role of sound corporate governance in ensuring the stability of activities, competitiveness, and investment attractiveness of business entities. Taking steps to improve it requires a comprehensive approach that makes the most of leading global experience and adapts it to the Ukrainian situation.

USE OF ARTIFICIAL INTELLIGENCE IN BUSINESS ACTIVITY

O. Kh. Yuldashev, V. O. Dzhun — Fri, 26 Sep 2025 00:00:00 +0300

Modern trends highlight the rapid advancement of artificial intelligence technologies, which are increasingly integrated into diverse facets of human activity and are transforming business environments and technological processes across numerous industries. The adoption of innovative AI-driven solutions unlocks new opportunities for enterprises and organizations, enabling them to enhance existing workflows, boost productivity, and lower operational costs. This article delves into critical aspects of business digitalization, exploring its core essence, potential benefits and drawbacks, as well as the challenges associated with implementing and adapting such processes within domestic enterprises. The analysis underscores the notion that digitalization–spanning all sectors of the economy and business– plays a pivotal role in strengthening both internal and external organizational connections, ultimately driving higher productivity and enhancing overall business efficiency. The transformative capabilities of artificial intelligence in optimizing business processes are discussed, with a particular focus on Ukraine’s experience in integrating such technologies into business operations. The article examines academic interpretations of the term “artificial intelligence” and offers the author’s unique perspective on its definition. Furthermore, it identifies potential avenues for economic improvement through AI integration. Artificial intelligence holds immense potential to streamline processes within commercial law at multiple levels. By analyzing vast datasets, AI algorithms can uncover hidden patterns that may evade human detection, which is especially valuable in risk evaluation, forecasting economic trends, and devising strategic plans. While the prospects for employing artificial intelligence within commercial legal frameworks are substantial, they come with significant challenges. One key concern is the necessity to establish legal frameworks for regulating AI applications and addressing the status of artificial intelligence within the domain of commercial legal relations.

MORAL AND ETHICAL PRINCIPLES OF MODERN LEGAL ACTIVITY: CRIMINAL PROCEDURAL ASPECT.

D. G. Manko, O. V. Matvieiev — Fri, 26 Sep 2025 00:00:00 +0300

The article presents a thorough study of the moral and ethical foundations of contemporary legal practice within the framework of criminal proceedings. The relevance of the topic is driven not only by the growing public demand for justice, transparency, and integrity in criminal justice, but also by the rapid development of digital technologies, globalization, and the transformation of value orientations within the professional legal community. Under these conditions, morality, ethical conduct, and professional ethics acquire paramount importance as principles that ensure not only formal legality but also the legitimacy of law enforcement activity.The article defines morality as an internal ability of an individual to act in accordance with the principles of goodness, justice, and respect for others, while ethical conduct is seen as a concretized form of morality, manifested in behavior aligned with professional and social expectations. Professional ethics in criminal proceedings is revealed as a system of value-normative guidelines that establish the boundaries of permissible conduct for legal professionals and aim to guarantee impartiality, integrity, and respect for the dignity of every participant in the process.Special attention is given to the relationship between legal and moral norms. It is argued that these systems are not in conflict but interact to form an integrated normative-value space of legal enforcement. Examples are provided to illustrate that strict adherence to the “letter of the law” without considering its moral dimension can lead to unjust decisions or abuses of procedural rights.The study identifies key moral and ethical principles that should underlie criminal proceedings: the principle of justice as the foundation for legal evaluation of actions; the principle of good faith, which calls for responsible and sincere engagement in procedural functions; the principle of respect for human dignity as a condition for the moral legitimacy of investigative and judicial actions; and the principles of impartiality and independence as guarantees of objective decision-making in criminal procedures.A range of ethical challenges characteristic of the modern stage of criminal justice development is analyzed, including conflicts of interest, informational and public pressure, political bias, and the risks associated with the use of advanced digital technologies in evidence collection, surveillance, and analytics. The article argues that ethical evaluation of legal professionals’ conduct in such contexts is just as important as legal assessment. The issue of “ethical formalism” is also raised–where morally questionable actions remain formally legal.The article concludes that the effective functioning of the criminal justice system is impossible without the moral foundation of professional legal activity. Therefore, moral and ethical principles should not be seen as optional, but rather as a central element of legal professional identity and the integrity of criminal procedure.

CRIMINAL PROSECUTION THROUGH THE PRISM OF ADVERSARIAL THEORY

D. A. Patreliuk — Fri, 26 Sep 2025 00:00:00 +0300

The article is devoted to the peculiarities of criminal prosecution in relation to the adversarial theory. It is substantiated that the commencement of criminal prosecution leads to the emergence of the defense function. The procedural conflict between the prosecution and the defense is manifested in the adversarial form of criminal procedure. It is determined that the adversarial procedure in pre-trial proceedings requires a balance between the procedural capabilities of the prosecution and defense parties, which is practically realized only if effective judicial control is exercised. The author emphasizes the importance of the “favor defensionis” rule as a compensatory mechanism for ensuring procedural equality of the parties in the context of unequal distribution of power. It is noted that although adversariality at the trial stage is unconditional, its manifestations at the pre-trial stage are no less important, in particular when deciding on the choice of measures to ensure criminal proceedings, appealing against decisions, actions or inactions of the prosecution, initiating investigative (search) actions, etc. It is stated that the participation of an investigating judge as an independent arbitrator in criminal prosecution is a manifestation of the adversarial principle, which consists in the ability of both parties to defend their legal positions and prove them before the court. The author proves that adversariality is a necessary tool for fair consideration of a criminal conflict at the early stages of proceedings when the rights of the person being prosecuted are interfered with. It is emphasized that, in accordance with the provisions of the criminal procedure law, the burden of proof of the circumstances confirming the guilt of a person in committing a criminal offense is placed on the prosecution It is found that at the pre-trial stage, the prosecution has a more dominant position in terms of influence on establishing the circumstances of a criminal offense due to the authority to exercise procedural coercion. The author argues that proper ensuring of the adversarial principle at the pre-trial stage of criminal proceedings is a guarantee of the rights, freedoms and legitimate interests of the person being prosecuted.

THE MAIN CRITERIA FOR IMPROVING THE EFFECTIVENESS OF THE PROSECUTOR’S OFFICE DURING MARTIAL LAW

A. V. Tkach — Fri, 26 Sep 2025 00:00:00 +0300

The article makes some topical proposals for improving the work of the prosecution authorities, given the author’s considerable practical experience of exercising the powers of a district level prosecutor during the martial law regime. Particular emphasis is placed on the need to implement certain requirements of the Comprehensive Strategic Plan for Reforming Law Enforcement Agencies as Part of the Security and Defence Sector of Ukraine for 2023-2027, approved by the Decree of the President of Ukraine No. 273/2023 of 11 May2023. The author proposes specific practical steps aimed at improving the efficiency of the prosecution authorities by focusing on the development and observance of such basic criteria as security, independence, professionalism, openness, integrity, human centredness and efficiency.The article also focuses on the need for legislative changes and the introduction of promising developments which should contribute to increasing the productivity of the prosecution in general and the district prosecution in particular, but the full functioning of the prosecution authorities.First of all, it is an automated distribution of criminal proceedings in the prosecutor’s office similar to the automatic distribution of cases in courts, which regulates the procedural burden, prevents human interference in the distribution of proceedings to a particular prosecutor and eliminates corruption risks. Converting paper criminal proceedings into electronic form by introducing the so-called eCase Management System, which will improve the quality of procedural documents, optimise the time for interaction with the court and the defence, and prevent abuse. In addition, the article emphasises the need for a clear legislative delineation of the functions of the prosecutor’s office and key concepts of criminal procedure legislation which need to be clarified, and the role of prosecutorial self-government bodies should be strengthened, etc.

CONCEPTUAL FOUNDATIONS AND PROSPECTS FOR THE DEVELOPMENT OF NATIONAL LEGISLATION ON ENSURING ENVIRONMENTAL SAFETY IN THE CONDITIONS OF EXISTENTIAL CHALLENGES AND THREATS

O. M. Kovtun — Fri, 26 Sep 2025 00:00:00 +0300

The article examines the conceptual foundations and prospects for the development of national legislation on ensuring environmental safety in the conditions of existential challenges and threats. The author emphasizes that existential challenges and threats in the field of environmental security are a matter of human survival and further existence of civilization on planet Earth. Environmental safety is considered in different meanings: as a direction of state policy; as a constitutional duty of the state and a subjective right of a person and a citizen; as a sphere of national security; as a state of the environment which ensures prevention of environmental degradation and emergence of a danger to human health. National legislation on ensuring environmental safety is currently not systematized and is quite extensive, complex and contradictory. Given the results of scientific research into environmental safety law, the author proposes to classify legislation on ensuring environmental safety by certain areas of human activity (economic sectors). It is noted that a significant achievement of Ukraine on its way to joining the European Union is the adoption of a number of European integration laws, including: “On Integrated Prevention and Control of Industrial Pollution”; “On the Basic Principles of State Climate Policy”; “On Regulation of Economic Activities with Ozone Depleting Substances and Fluorinated Greenhouse Gases”; “On the Principles of Monitoring, Reporting and Verification of Greenhouse Gas Emissions”; «On Amendments to Certain Laws of Ukraine on Human Protection from Ionizing Radiation”; “On Ensuring Chemical Safety and Management of Chemical Products”; “On Water Disposal and Wastewater Treatment”; “On the National Register of Pollutant Emissions and Transfer” etc. The urgent need is to develop and adopt a system of bylaws aimed at implementing the above laws. Climate change, armed aggression, globalization, and European integration call for reforming and systematizing legislation on ensuring environmental safety, the best option for which is to develop and adopt the Law of Ukraine “On Environmental Safety”.

SOME CONCEPTUAL PROBLEMS OF FORMING LEGAL REGIMES FOR THE USE AND PROTECTION OF WATER RESOURCES IN TERMS OF ECOSYSTEM DIVERSITY

S. V. Kurenda — Fri, 26 Sep 2025 00:00:00 +0300

The article is devoted to determining the current peculiarities of regulatory and legal formation of legal regimes for the use and protection of water resources in terms of ecosystem diversity. The author proposes the author’s own approach to differentiating legal regimes of natural resources into three levels, whereby the first level is conventionally called “environmental and legal” (natural resource, integrative) in the narrow sense, since it defines the fundamental environmental and legal principles of regulation of relations in the field of use and protection of natural resources. The author establishes that the second level of legal regulation is characterized by special regulation of relations in the area of use and protection of natural resources by provisions of special legislation, in particular, the Land Code of Ukraine, the Forest Code of Ukraine, the Subsoil Code of Ukraine, etc. In turn, the third level of legal regulation is characterized by “integrated” regulation of relations on the use and protection of water resources as an element of natural ecosystems. This level of regulation of water resources is associated with their integrated legal significance in relation to other natural resources, which is reflected in the relevant provisions of special legislation. This leads to the conclusion that at the level of “object” legal regimes, legal regulation of water resources use faces certain peculiarities, which include, in particular, a largely “land-centered” approach to the regulation of relations on the use of water bodies and the priority of the legal regime of forests over other natural resources, which in a certain way endows the legal regime of use and protection of water bodies with an integrated and accentuated meaning, i.e., on the one hand, makes it an element of the legal regime of land. And only the legal regime of groundwater, due to the loyal attitude to it from the subsoil legislation, gives it a certain autonomy.

PREREQUISITES FOR LEGAL LIABILITY FOR THE ECOCYCID POLICY OF THE RUSSIAN FEDERATION AGAINST UKRAINE DURING THE RUSSO-UKRAINIAN WAR

Yu. P. Svynarenko — Fri, 26 Sep 2025 00:00:00 +0300

This scientific article analyzes the key prerequisites and multidimensional difficulties that arise in the process of bringing legal responsibility for Russia’s ecocycid policy, which it pursues against Ukraine. A comprehensive analysis of purposeful activity has been performed, which leads to global mass destruction, including contamination of water resources, atmospheric air, as well as the use of natural objects as weapons, which qualifies as tactics of “burned land” and a conscious commission of crimes against nature. It is determined that this policy grossly violates a number of constitutional rights of Ukrainian citizens, in particular the right to a safe life and health of the environment, ownership, access to drinking water and food safety. The prerequisites for legal liability for ecocide, which cover both international legal and national mechanisms. It is established that Russia’s actions fall under the provisions of international conventions governing the rules of armed conflict and environmental protection, as well as relevant articles of national criminal law. Numerous manifestations of ecocide, including contamination of territories with explosive objects, chemical pollution of soils and water, significant landscape fires, shelling of industrial objects and objects of critical infrastructure, threat to environmental territories and biodiversity, and radiation, and radiation hazards, and radiation hazards of Ukraine are analyzed.A significant negative impact on water ecosystems, which is manifested in the pollution of marine and river basins and the destruction of hydraulic structures, which leads to significant man-made disasters, also outlined problems related to the illegal operation of natural resources and the accumulation of waste from the destruction of Ukraine’s infrastructure. The issue of proving cause and effect and evaluation of the amount of environmental damage has also been investigated, emphasizing its critical importance for liable. Key difficulties have been identified that impede effectively liability for ecocide. These include difficulties in bringing direct cause and effect communication, assessing the full amount of damage, especially taking into account long-term consequences, as well as limited access to the occupied territories for the collection of evidence. The challenges related to the absence of universal international recognition of ecocide, as an independent international crime, the immunity of the state, difficulties in the enforcement of court decisions, as well as the inconsistency of existing international legal norms of the scale of ecological destruction observed in Ukraine.

CERTAIN LEGAL ASPECTS OF COUNTERACTING THE LIMITATION OF SOVEREIGNTY BY EXTERNAL INFLUENCE: THE HOMELAND EXPERIENCE

V. L. Honcharuk — Fri, 26 Sep 2025 00:00:00 +0300

State independence and sovereignty are multifaceted phenomena that significantly impact economic stability, public finance, and the level of social justice. This article analyzes the key factors that shape the potential for external interference in the decision-making processes of public administration, particularly in matters of domestic and foreign policy, economic governance, and personnel appointments. The research addresses the complex interplay between economic independence and political self-determination under conditions of external influence on national sovereignty. Special attention is devoted to the identification of general recommendations for strengthening state sovereignty in institutional, legal, and educational-ideological dimensions. Furthermore, the article examines the legislative practices of several foreign states concerning the adoption and functioning of legal frameworks that regulate the activities of individuals or organizations under foreign influence or financed from abroad. The author substantiates the necessity of introducing an analogous legislative act on “foreign agents” in the Ukrainian legal system. Such an initiative is expected to mitigate hidden foreign influence over domestic policy formation and contribute to reinforcing national security and sovereignty. The article emphasizes the importance of maintaining a balance between adopting international expertise and adhering to constitutional principles of public governance. Recommendations are proposed to further strengthen Ukraine’s sovereignty, stability, and economic growth based on the analysis of both national and international experience. Thus, the article emphasizes that sovereignty is not only a legal concept but also a practical necessity for ensuring the effective functioning of the state and the protection of its national interests. The involvement of international experts in selection procedures in Ukraine has a legal basis in national legislation and international agreements. However, this practice requires revision or additional regulation to avoid violating the principles of state sovereignty, legal accountability, and public oversight. The results of the study may be used to further improve sustainable development policies and ensure national security, as well as to develop strategies aimed at preventing interference by foreign states, organizations, specific groups, or individuals in Ukraine’s internal affairs.

FUNCTIONING OF THE INSTITUTE OF OLD AGE IN CONDITIONS OF MARTIAL STATE: LEGAL AND FINANCIAL ASPECTS

O. P. Rudnytska — Fri, 26 Sep 2025 00:00:00 +0300

The article is devoted to a comprehensive analysis of the legal and financial aspects of the functioning of the starosta institute in the context of local self-government reform in Ukraine, especially under the legal regime of martial law. The paper emphasises that starostas play a key role in representing the interests of residents of starosta districts, ensuring access to administrative services, and organising community life. Under martial law, their functions have expanded significantly to include security, humanitarian aid, and interaction with military administrations and law enforcement agencies.тThe author analyses the legal regulation of the institution of starostas, in particular the changes introduced by Law of Ukraine No. 1638-IX concerning the status of starostas, the procedure for their appointment, the definition of starosta districts and the conditions for their creation. Attention is drawn to the insufficient regulatory clarity of the financial powers of starostas, which limits their participation in the budget process and reduces the effectiveness of responding to community needs in emergency situations.The publication justifies the need to introduce a unified register of starosta districts, improve the legal mechanisms for appointing starostas, expand their powers and ensure adequate organisational support. It concludes that the role of starosta should be strengthened in parallel with the development of human resources and increased financial autonomy for these officials, which will contribute to improving the effectiveness of local self-government in the context of reforms and functioning during martial law. The problem of staff turnover and emotional exhaustion, which reduces the effectiveness of starosta in regions where hostilities are taking place or in de-occupied territories, was also considered. The introduction of social guarantees and fair remuneration as tools to support the effective functioning of the institution of starostas was proposed.

COLLECTIVE AGREEMENTS AND CONTRACTS: CONCEPT, CONTENT, PROCEDURE FOR CONCLUSION AND SIGNIFICANCE FOR THE REGULATION OF LABOUR RELATIONS

M. I. Zubrytskyi, O. M. Ganecko — Fri, 26 Sep 2025 00:00:00 +0300

The article is devoted to a thorough analysis of the theoretical and legal nature of collective agreements and collective bargaining agreements as the main instruments for regulating labour relations in the system of social dialogue. The conceptual foundations of collective bargaining in the modern legal field of Ukraine are revealed, and the key features, functions and normative significance of collective agreements and contracts in the context of the realisation of workers’ labour rights and the coordination of interests with employers are identified. It is argued that a collective agreement is a form of local norm-setting that combines normative and contractual elements, while a collective agreement is programmatic and coordinating in nature and is formed at the sectoral, territorial or national level. Doctrinal approaches to the classification of collective agreements and contracts as sources of labour law are considered, taking into account the dual nature of their legal nature. The subject composition of the parties to collective agreements and contracts is examined, and the peculiarities of the legal personality of trade unions and employers’ organisations, as well as the participation of the state in tripartite negotiations in accordance with the principle of tripartism, are highlighted. Special attention is paid to the novelties of the Law of Ukraine “On Collective Agreements and Contracts” No. 2937-IX, which has not yet entered into force. The procedures for initiating, concluding, revising and terminating collective agreements and contracts are analysed, including the specific features of their duration, mechanisms for the accession of third parties and the principle of prolongation. The legal consequences of concluding such acts, their transformation into local regulatory provisions of employment contracts, as well as the conditions for extending their application to employees and employers who did not participate in their conclusion, are clarified. The system of control and legal responsibility of the parties for non-fulfilment of obligations has been revealed, including the role of the state and specialised bodies in ensuring the effectiveness of social dialogue.

CONTRACT WITH ACADEMIC STAFF: EUROPEAN AND INTERNATIONAL EXPERIENCE

M. О. Pyzhova — Fri, 26 Sep 2025 00:00:00 +0300

The article provides a thorough comparative legal analysis of contemporary models of contractual relations with scientific and pedagogical workers (SPW) in leading higher education systems: the European Union, the United States of America, the People’s Republic of China, and Ukraine. The author analyzes the peculiarities of regulating labor relations in higher education, paying particular attention to the legal nature of the contract, the duration of employment, performance evaluation mechanisms, social guarantees, and the promotion of academic mobility. Within the European approach, the article examines the effect of Directive 1999/70/EC on the prevention of abuse of fixed-term employment contracts, as well as the provisions of the European Charter for Researchers (2005), which provide for transparent criteria for concluding and renewing contracts, in particular through the introduction of KPI (Key Performance Indicators) tools. The article outlines the current challenges arising in the context of the growing segmentation of academic work, the precariousness of teaching activities, and the consequences of the widespread introduction of “zero-hour” contracts in some European countries. Particular attention is paid to the American tenure system – a model of permanent employment based on the principles of academic freedom, transparent competitive selection, and multi-level assessment. The advantages of this system are analyzed, in particular the high level of job satisfaction and stability among teachers, as well as its disadvantages – the limited number of positions and the high financial burden on universities. The Chinese model presents the concept of a “comprehensive contract” that combines elements of labor and administrative law. The reforms introduced in 2014 provide for the preservation of the public law mandate of educational activities, flexible standards for evaluating work, and limited freedom to terminate employment relationships early. The content of subordination, the social order of the state, and legal restrictions on teacher autonomy are analyzed in detail. The Ukrainian context is presented through the prism of legislative changes, in particular the removal from the Law of Ukraine “On Higher Education” of the provision on the competitive procedure for concluding contracts with NPPs, which potentially creates conflicts with the provisions of the Law of Ukraine “On Scientific and Scientific and Technical Activity.” The article emphasizes the need to improve legislation on labor relations in higher education, in particular by establishing a clear legal framework for the application of contracts, harmonization with international approaches, strengthening social protection, and encouraging teacher mobility.

LEGAL ASPECTS OF THE FUNCTIONING OF INFORMATION-SHARING PLATFORMS: CHALLENGES OF DIGITAL LAW ENFORCEMENT AND REGULATORY PROSPECTS

M. V. Buhai — Fri, 26 Sep 2025 00:00:00 +0300

The article examines the legal aspects of the functioning of information-sharing platforms (information and communication services based on decentralization, open data dissemination, or collective user participation in content creation). The focus is placed on the current challenges of digital law enforcement arising from the rapid development of such platforms, their technical complexity, and transnational nature.The study emphasizes the inadequacy of traditional approaches to legal liability in the context of algorithmic content governance, automated moderation, and the use of artificial intelligence for distributing information flows. Potential risks are analyzed, including the spread of disinformation, violations of the right to privacy, reduced protection of personal data, and manipulation of public opinion. It is noted that current national legislation in many jurisdictions does not provide sufficient legal clarity regarding the status of providers of information-sharing platforms, the scope of their obligations in preventing offenses, or compliance with freedom of expression standards. The article substantiates the need to update the legal tools for digital regulation, taking into account the European Union’s experience (particularly the Digital Services Directive), the case law of the European Court of Human Rights, and the implementation of soft law mechanisms for co-regulation.The author emphasizes the importance of developing a special legal regime for information-sharing platforms that would enable an effective balance between the interests of users, providers, and the state. Promising directions for the development of regulatory frameworks are identified, including: codification of terminology, clear delineation of roles among digital actors, increased transparency of algorithms, and the establishment of independent regulatory bodies with supervisory functions. The article concludes that the legal regulation of information-sharing platforms should go beyond a purely technocratic approach and instead involve comprehensive legal modeling focused on digital human rights, information security, and legal predictability within the digital environment.

NATIONAL COMMISSION FOR STATE REGULATION OF ENERGY AND PUBLIC UTILITIES – SUBJECT OF ADMINISTRATIVE AND LEGAL REGULATION OF RENEWABLE ENERGY

N. V. Daraganova — Fri, 26 Sep 2025 00:00:00 +0300

The study of relevant, but still little-studied in national legal science, issues related to the category of «renewable energy» is of not only theoretical, but also practical interest. This article examines the role and significance for the field of renewable energy of such an entity as the National Commission for State Regulation of Energy and Public Utilities (abbreviated as NKREKP).It was found that the transition of the national energy sector to renewables has significant qualitative advantages, thanks to the use of traditional energy sources: preservation of non-renewable fuel sources; slowing down climate change and reducing the number of adverse natural phenomena associated with it; increasing human life expectancy; opening new enterprises and creating new jobs. It has been established that the consolidation of the legal status of the NKREKP corresponds to the modern approach to determining the legal status of such a European state regulatory body in the energy and service sectors: 1) prerequisites have been created for stable state regulation of the impact on the activities of natural monopolies in the energy sector, including in the field of renewable energy; 2) Ukraine’s fulfillment of its international obligations to the Energy Community. It is proposed to divide all functions and powers of the NKREKP into two main groups: general – that is, those that concern all entities in the energy and utilities sector, and special – that is, those that determine the role of this commission in certain areas/spheres of energy. In the field of renewable energy, the powers of the NKREKP relate to: ensuring the functioning of the register of guarantees of origin of electricity generated from renewable energy sources and issuing guarantees of origin of electricity generated from renewable energy sources, and integrating the register of guarantees of origin of electricity generated from renewable energy sources with the registers of the countries of the Energy Community, the European Union and the Organization for Economic Cooperation and Development.

THE LEGAL BASIS OF STATE POLICY IN THE FIELD OF PHYSICAL CULTURE AND SPORTS IN UKRAINE

O. O. Zhyvytsia — Fri, 26 Sep 2025 00:00:00 +0300

The article analyzes the legal basis for the formation and implementation of state policy in the field of physical culture and sports in Ukraine, defines its multilevel nature, which includes national legislation and international legal acts. The key foundations were based on the state policy in the field of physical culture and sports in Ukraine, in particular its priority as a humanitarian direction and the role in ensuring the constitutional right of citizens to health and harmonious development. The structure of the national level, which covers the Constitution of Ukraine, special laws and detailing by -laws, which determine the mechanisms of implementation of policies and targeted programs that influence different spheres of life of the population, including health care and overall well -being. The role of these programs in shaping the conditions for health activity, the creation of accessible sports infrastructure, the promotion of physical activity from an early age and the formation of public consciousness regarding the value of health are considered. The international dimension of legal regulation is analyzed and the influence of international conventions and agreements on the formation of national policy in the field of physical culture and sports, which establishes universal principles and ethical standards, is substantiated. It is determined that the ratification of these documents is not just recommendations, but the obligations of the state to implement the world standards into national legislation and practice, forming a policy that corresponds to the best examples of justice, transparency and inclusivity. The active cooperation of Ukraine with other countries and international organizations was noted, in particular within the framework of the Erasmus+ Sport program, which is a key initiative of the European Union, which is focused on the development of sports at the grassroots level, promoting its values and resolving social challenges in society.The article identifies a number of significant shortcomings in the legal regulation of state policy in the field of physical culture and sports, which impede its effective implementation. It is summarized that in order to further promote the health of the Ukrainian nation and increase the international image of the country, a comprehensive approach to revision and harmonization of legislation, strengthening control over the implementation of norms, development of effective mechanisms of financing and attracting investments, as well as comprehensive consideration of the needs of all segments of the population are needed.

THE EFFECTIVENESS OF VOLUNTEERS IN CONDITIONS OF ARMED AGGRESSION

R. А. Zakharchuk — Fri, 26 Sep 2025 00:00:00 +0300

The article examines the legal, organizational and social aspects of the effectiveness of volunteers in conditions of armed aggression against Ukraine. The volunteer movement has proven to be one of the most important elements of civil society, which has promptly and massively mobilized resources to meet the needs of the Armed Forces of Ukraine, territorial defense forces, internally displaced persons, medical institutions and the affected civilian population.The key factors influencing the effectiveness of volunteer activities are analyzed: the legal status of volunteers, organizational support from the state, mechanisms of intersectoral interaction (government – public – international organizations), access to financial and material resources, as well as the level of safety of volunteers in combat zones. Particular attention is paid to the problems of legal uncertainty, the lack of special legislation on the activities of volunteers in combat zones, the informality of many volunteer initiatives and the risks of physical and psychological exhaustion.The study substantiates the need to develop a separate regulatory act that will regulate the activities of volunteers in emergency and war conditions, providing for elements of social protection, registration, financial incentives, as well as protection from persecution or discredit. It is proposed to improve the mechanisms of interaction of volunteers with state authorities, in particular by creating coordination platforms at the national and local levels.It is concluded that increasing the effectiveness of volunteer activities is possible only under the conditions of a comprehensive approach that encompasses the legal, financial, organizational and moral recognition of the volunteer movement as an important force for civil stability and protection of the sovereignty of Ukraine in war conditions.

EUROPEAN GUIDELINES FOR LEGAL REGULATION OF CUSTOMS BROKERAGE ACTIVITIES

E. P. Ivanchenko — Fri, 26 Sep 2025 00:00:00 +0300

The article is devoted to the study of the legislation of Ukraine regulating customs brokerage activities, its modernization and bringing it into line with the legislation of the European Union (EU) during the period of the legal regime of martial law.The author of the article proves that despite the operation of the legal regime of martial law, along with resolving issues in the defense sphere, which is a priority for Ukraine, and fulfilling Ukraine’s obligations to adapt national legislation to EU law in certain priority areas, one of which is customs legislation (Annex XV to Chapter 5 of the Association Agreement between Ukraine and the European Union), there was and remains a process of bringing the Customs Code of Ukraine (CC of Ukraine) into line with the EU Customs Code (EU CC). Therefore, in modern conditions, methods and approaches to making changes to the customs legislation of Ukraine, which is constantly changing under the influence of both internal and external factors, require a balanced and thoughtful application by state authorities involved in the legislative process of regulating customs brokerage activities.The priority direction of modernization of customs legislation to fulfill obligations to the EU both in general and in terms of proper regulation of customs brokerage activities is the development and gradual adoption of a new Customs Code of Ukraine. The new version of the Customs Code of Ukraine should be based on the principles and norms of the EU Customs Code, which will allow transforming the institutional environment of customs brokerage in Ukraine towards the best European practices. In the author’s opinion, this should be carried out taking into account the already established national legal positive practices in the field of customs brokerage activities without the consequences of worsening the conditions for carrying out foreign economic and customs brokerage activities, complicating the implementation of customs formalities and weakening the economic security of Ukraine.Based on the results of the legal analysis, the author formulates the conclusion that the introduction and development of the necessary regulatory legal acts for the state regulation of the activities of business entities in the field of customs brokerage services by state authorities, primarily by the Ministry of Finance of Ukraine (Minfin) and the State Customs Service of Ukraine (SCS), which are directly responsible for implementing state customs policy, acquires special importance and responsibility, since the results of legal decisions on the regulation of customs brokerage activities have a direct impact on the stability of the Ukrainian economy and the introduction of new rules should not hinder its proper functioning.Also, the legal means of implementing the state customs policy, as a form of state regulation of customs brokerage activities, according to the author, should be the development, approval and implementation by the Cabinet of Ministers of Ukraine, upon submission by the Ministry of Finance and the State Customs Service, of a regulatory legal act – the Strategy for the Improvement and Development of Customs Brokerage Activities, as a certain model, which can become a solid basis for the development and implementation of a state target program for its development with an Action Plan for its implementation and in the future, as the next stage of legislative work, the adoption of the Law of Ukraine «On Customs Brokerage Activities».

DIRECTIONS OF DEVELOPMENT OF ADMINISTRATIVE DELICT LAW IN UKRAINE

S. F. Konstantinov — Fri, 26 Sep 2025 00:00:00 +0300

The article is devoted to the analysis of the current state and prospects for the development of administrative tort law in Ukraine in the context of reforming the legal system, European integration and digital transformation. Administrative tort law is defined as a set of norms regulating social relations related to the implementation of administrative liability for offenses, provided for by the Code of Ukraine on Administrative Offenses (CUaP) and other acts. The paper considers theoretical developments in this sub-branch of law, in particular the concept of an administrative offense (V. V. Reshota), the functional approach (O. Yu. Salmanova), the issue of codification (M. M. Sorochyshyn) and European influence (Yu. A. Tikhomyrov).The state of study of the problem by Ukrainian scientists, such as O. V. Panasyuk, O. Yu. Salmanova, M. M. Sorochyshyn, V. V. Reshota, and foreign authors, is investigated. Key problems in the application of administrative norms were identified: the obsolescence of the Code of Administrative Offenses, contradictions with other laws, the vagueness of subjects of responsibility, the low efficiency of penalties, procedural difficulties and the impact of martial law. The problems of the application of administrative liability were separately analyzed, in particular, the vagueness of the criteria for bringing charges, insufficient differentiation of sanctions, limited legal protection, low qualifications of officials and violation of the deadlines for considering cases during the war period. The conclusions emphasize that theoretical developments are ahead of practical implementation, and modern challenges require comprehensive reform. The modernization of the Code of Administrative Offenses taking into account digital offenses, harmonization with EU norms, the introduction of an electronic system for recording cases, the revision of sanctions, the improvement of the qualifications of officials, simplification of appeals, adaptation to martial law and the activation of scientific and practical cooperation are proposed. The article emphasizes the importance of administrative tort law for law and order and the need for its adaptation to modern conditions.

CURRENT PROBLEMS DURING MARTIAL STATE IN THE FIELD OF PROVISION OF ADMINISTRATIVE SERVICES

D. V. Kravtsov — Fri, 26 Sep 2025 00:00:00 +0300

The article analyzes the current problems during martial law in the field of administrative services.Martial law as a special legal regime significantly affects the functioning of state institutions, in particular in the field of administrative services, which are a tool for the implementation of citizens’ rights, such as the right to social protection, education, or property rights. Problems in their provision lead to violations of these rights.In the context of the full-scale armed aggression of the Russian Federation against Ukraine, which has been ongoing since February 24, 2022, the issue of ensuring the continuity of the functioning of public administration has acquired critical importance, especially in the part related to the provision of administrative services to the population.It has been determined that significant difficulties remain with access to administrative services for citizens located in temporarily occupied territories or in zones of active hostilities, where they are unable to register civil status acts in a timely manner, change their place of residence, obtain an identity card or confirmation of legal facts, which entails further complications in exercising the right to social protection, education, healthcare or employment. Another problem remains ensuring equal access to administrative services for people with special needs, the elderly, and residents of rural areas, who have found themselves in an even more vulnerable position under martial law.It is concluded that martial law as a special legal regime has created unprecedented challenges for ensuring the provision of administrative services in Ukraine, which are faced with organizational, technical, legal and socio-psychological problems, restrictions on access to state registers and information resources, as well as risks to the physical safety of government employees lead to restrictions on citizens’ rights and complicate the fulfillment of their legal obligations. The state must take the necessary measures to overcome these challenges through digitalization and simplification of procedures to ensure unhindered accessibility for citizens and the efficiency of the system.

INTERNATIONAL LEGAL AND ORGANIZATIONAL MECHANISMS FOR COUNTERING DISINFORMATION: A COMPARATIVE ANALYSIS OF THE PRACTICES OF UKRAINE AND THE EU

V. H. Kravchenko — Fri, 26 Sep 2025 00:00:00 +0300

Under the current conditions of hybrid warfare against Ukraine, the information front is no less significant than military operations. The aggressors systematically use methods of information warfare aimed at destabilizing Ukrainian society, undermining trust in state institutions, spreading panic, and weakening international support for Ukraine. Disinformation, as one form of informational aggression, is disseminated through controlled media, social networks, bot systems, and anonymous platforms, which significantly complicates its detection and neutralization.Martial law, introduced in accordance with Ukrainian legislation, provides a framework for the temporary restriction of certain rights and freedoms, in particular the right to access information and the freedom of expression. However, such restrictions must be carried out strictly within the limits of the Constitution of Ukraine and Ukraine’s international obligations, adhering to the principles of necessity, proportionality, and legitimacy.In this regard, there is an urgent need to define clear administrative and legal boundaries and state intervention mechanisms in the information sphere that allow for effective counteraction to disinformation without violating democratic standards.The application of organizational and legal instruments in the fight against disinformation includes a range of measures: from blocking information resources and imposing sanctions to regulating media activity and responding to the spread of false information. Nevertheless, numerous challenges arise in practice, including the lack of a unified definition of disinformation, blurred legal criteria for its identification, risks of abuse of power by executive authorities, and violations of freedom of speech. This calls for a detailed legal analysis and doctrinal understanding of the administrative and legal regime of information security during wartime.Therefore, the study of organizational and legal instruments for countering disinformation under martial law is of utmost relevance, as it helps determine the limits of permissible state intervention in the sphere of information rights, develop substantiated approaches to the legal regulation of information security, and prevent violations of fundamental human rights even during periods of crisis.

IMPACT OF THE LEGAL REGIME OF MARTYR STATE ON THE IMPLEMENTATION OF ADMINISTRATIVE JUSTICE

V. V. Malykhina — Fri, 26 Sep 2025 00:00:00 +0300

The study discusses the peculiarities of the implementation of administrative justice caused by the legal regime of martial law and the full-scale armed aggression of the Russians against Ukraine. It is noted that a peculiarity is the need to change the territorial jurisdiction of court cases due to the inability of administrative courts to exercise their powers (the reasons are occupation or proximity to the line of combat contact). For this purpose, on 03.03.2022, the Law of Ukraine “On Amendments to Part Seven of Article 147 of the Law of Ukraine “On the Judiciary and the Status of Judges” regarding the Determination of the Territorial Jurisdiction of Court Cases” was adopted (provides for the possibility of changing the territorial jurisdiction of court cases by decision of the High Council of Justice, adopted upon the submission of the Chairman of the Supreme Court, by transferring it to the court that is most territorially close to the court that cannot administer justice, or to another designated court); The next feature is the need to make significant changes to the procedural legislation of Ukraine in connection with hostilities and the involvement of Ukrainians in the ranks of the Armed Forces of Ukraine, since new social relations atypical for peacetime arise (if a participant in the process is captured by the Russians, etc.). That is, after the full-scale armed aggression of the Russians against Ukraine, a new significant layer of social relations related to the war and its impact on the lives of Ukrainians appeared, which must be regulated by regulatory acts. Another feature of the new reality of the operation of the legal regime of martial law is a wide range of social relations associated with the consideration in administrative courts of cases related to ensuring the measures of the legal regime of martial law or their violations by citizens of Ukraine. Local courts are receiving a large number of lawsuits to declare illegal and cancel resolutions imposing administrative penalties in the form of a fine under Part 3 of Article 210-1 of the Code of Administrative Offenses (violation of the legislation on defense, mobilization training and mobilization).

FORENSIC ETHICS AND STANDARDIZATION

A. H. Prysiazhniuk — Fri, 26 Sep 2025 00:00:00 +0300

The article considers current issues related to the liability of forensic experts for erroneous conclusions, in particular problematic aspects of legislative regulation and the practice of applying norms in judicial activity. The nature of errors in expert conclusions, which can arise from both intentional and careless motives, is analyzed, and the legal consequences for experts in cases of non-compliance with professional standards are outlined. Particular attention is paid to the analysis of existing legal mechanisms, their effectiveness and the identification of gaps in current legislation that complicate the holding of experts to account.The types of such liability are considered: criminal, civil, administrative and disciplinary, with an indication of the grounds for their application. The update of the legislation is analyzed, in particular the amendments to the Law of Ukraine “On Forensic Expertise”, which introduced the mechanisms of disciplinary liability and the procedures for its implementation. The author emphasizes the need to ensure a balance between quality control of expertise and guarantees of professional independence of experts.The article illustrates the need for thorough verification of expert material and compliance with procedural requirements when using it in criminal proceedings. Special attention is paid to the issue of the evidentiary weight of an expert opinion in criminal proceedings in accordance with the norms of the Code of Criminal Procedure of Ukraine. The work emphasizes the need to improve the regulatory framework and improve judicial practice in order to ensure a balance between guarantees of professional independence of experts and protection of the rights of participants in the legal process. Directions for reforming relevant legal institutions are proposed, aimed at improving the quality of forensic examinations and minimizing the risks of erroneous conclusions.Proposals were made to improve regulatory regulation and increase the level of professionalization of the expert environment in order to strengthen trust in justice.

PROBLEMS IN THE IMPLEMENTATION OF THE RIGHT OF ACCESS TO THE JUDICIAL CAREER IN UKRAINE IN THE PRESENCE OF HIGHER EDUCATION IN THE SPECIALITY OF ‘LAW ENFORCEMENT ACTIVITIES’

S. V. Sukhinin — Fri, 26 Sep 2025 00:00:00 +0300

The article considers topical and important issues related to the possibility of a person with a higher education degree at the level of specialist or master’s degree in law enforcement activities holding a position in a local court in Ukraine under the current legislation regulating access to a judicial career in Ukraine.This article reveals the concept of legal education and explores the concept of higher legal education.The article examines the legislation on the basis of which specialists were trained in higher educational institutions of Ukraine at the educational and qualification levels of specialist and master in the specialty ‘Law Enforcement Activities’ from 1997 to the present, and provides a conclusion on the period of time during which higher education obtained in Ukraine at the educational and qualification levels of specialist and master’s degree in the specialty ‘Law Enforcement Activities’ is considered higher legal education, which gives the right to hold the position of judge in Ukraine.Attention is drawn to the insufficient legal regulation of the issue of the possibility for persons who have obtained higher education at the educational and qualification level of a specialist or master’s degree in the specialty ‘Law Enforcement Activities’ after 31 August 2015 to access a judicial career in Ukraine with the aim of taking up the position of judge in Ukraine, in particular in cases where such persons, as of 1 September 2015, continued their studies in the specified speciality, obtaining a specialist or master’s degree. The possibility of improving the legal regulation for persons with such education is being discussed. A conclusion was made as to whether, under current legislation, persons with a higher education degree or master’s degree in law enforcement can exercise their right to pursue a judicial career after 31 August 2015, in cases where such persons began studying for the specified specialization after 31 August 2015, obtaining a specialist or master’s degree.

CLASSIFICATION OF NATIONAL SECURITY ENTITIES

R. M. Truba — Fri, 26 Sep 2025 00:00:00 +0300

The article is dedicated to exploring the possibilities of classifying the actors involved in ensuring national security. The article notes that, unlike during the post-Soviet period of development of national security doctrine and the doctrine of its assurance, contemporary doctrines assert that national security is a universal benefit and value that should extend to everyone within the territory of Ukraine. It is considered the concern of all, in accordance with the principles of responsibility, patriotism, and national solidarity. A critical analysis of existing scientific approaches to this classification reveals both advantages and disadvantages.Specifically, systematizing these actors by form of activity or specific competence (as proposed by V.M. Stolbovy), by distribution of competence and functional purpose (E.V. Kobko), and by functional roles (Yu.M. Pavlyutin) allows for a comprehensive understanding of individual aspects of their administrative and legal characteristics. However, such approaches tend to limit the breadth of coverage of relevant entities within the system responsible for national security. Based on this analysis, the article concludes that among the various classification methods, the most theoretically and practically optimal is to categorize these actors based on their legal (administrative-legal) nature and level of authority. Within this framework, three groups of actors are distinguished: state bodies, local government bodies, and civil society actors. Special attention is given to assessing the influence of international law actors – primarily international organizations – on ensuring national security. It is established that international organizations are only conditionally considered actors in national security because their influence should be viewed in the context of international cooperation and Ukraine’s obligations on the international stage. Ukraine, as a full-fledged subject of the international community, ensures national security partly through the interaction of officials from national public service bodies with representatives of international organizations.

ENSURING ACCESS TO JUSTICE IN CASES CONCERNING THE PROTECTION OF THE RIGHTS, FREEDOMS, AND INTERESTS OF MILITARY PERSONNEL AND CONSCRIPTS: CURRENT ISSUES IN THE CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS

N. V. Turlakova — Fri, 26 Sep 2025 00:00:00 +0300

The article analyzes the protection of the right of servicemen and reservists to access to justice through the lens of international standards and the case law of the European Court of Human Rights (ECtHR).Access to justice is defined as a cornerstone of the rule of law and an essential international standard for the protection of human rights. It is emphasized that the specific nature of military service may necessitate restrictions on this right, which must be lawful, proportionate, and pursue a legitimate aim. The article outlines guarantees of access to justice enshrined in international law, including provisions of humanitarian law, human rights law, and the jurisprudence of international judicial bodies. It examines ECtHR cases such as Golder v. the United Kingdom, Airey v. Ireland, Engel and Others v. the Netherlands, Kalaç v. Turkey, and Matelly v. France, which have shaped standards of court access for servicemen. The paper also reviews cases against Ukraine (Church of Sosulivka Village v. Ukraine, Merit v. Ukraine, Chuykina v. Ukraine, UKRKAVA, TOV v. Ukraine), which reveal problems related to jurisdictional, temporal, procedural, and financial barriers. It is highlighted that the ECtHR consistently requires ensuring not only formal but also real and effective access to justice, including the enforcement of court decisions. The author argues that, in the context of the prolonged armed conflict, Ukraine needs a new model of court access for servicemen that would combine the adaptation of legislation and judicial practice to international standards and the conditions of martial law. The conclusion stresses the need to develop a unified judicial practice that would strengthen trust in the legal system and facilitate compliance with Ukraine’s international human rights obligations. The materials of the article are of both theoretical and practical significance for improving regulation and protecting the rights of servicemen in court.

LIABILITY FOR OFFENSES ARISING IN THE FIELD OF IT LAW

O. І. Urtayev — Fri, 26 Sep 2025 00:00:00 +0300

The article examines the current issues of legal liability for offenses arising in the field of IT law, taking into account the modern challenges of the information society and the rapid development of digital technologies. It is found that liability in the field of IT law can integrate the norms of both public and private law, which is due to the wide range and ramifications of possible offenses in this area and requires the definition of an appropriate mechanism of legal liability.It is established that in the conditions of digitalization of social processes, violations in the field of IT law can acquire both private and public law nature. In the first case, we are talking about violations of civil information rights, contractual obligations, improper use of intellectual property objects, etc., which entails property and non-property liability. In the second, we are talking about violations of legislation on the protection of personal data, cybersecurity, information security, which provides for administrative, and in some cases criminal liability.Particular attention is paid to the challenges associated with cybercrime and unlawful processing of personal data, which in conditions of martial law become threatening to the national security of Ukraine. The need for further improvement of legislation is emphasized, in particular, the adaptation of national law to EU standards in the field of IT legal relations, strengthening the effectiveness of international cooperation and creating conditions for a prompt response to IT offenses.It is concluded that effective liability in the field of IT law requires a comprehensive approach that should combine preventive, procedural and sanction mechanisms, and also requires close interaction between state bodies, the private sector and civil society and timely response to violations in the field of IT law. Timely updating of the legal framework and increasing digital awareness of the population, which are key factors in the formation of an effective system of liability for the use of information and telecommunications technologies, which are rapidly developing.

REGULATORY AND LEGAL REGULATION OF ADMINISTRATIVE AND LEGAL PROTECTION OF PERSONS WITH DISABILITIES AS A RESULT OF WAR

A. V. Kholodkov — Fri, 26 Sep 2025 00:00:00 +0300

The article carries out a comprehensive study of the system of regulatory and legal regulation of administrative and legal protection of persons with disabilities as a result of war. Particular attention is paid to the analysis of the legal status of such persons, state policy in the field of social protection and mechanisms for the implementation of their rights during martial law and after the end of the active phase of hostilities.Taking into account the large-scale consequences of Russian aggression against Ukraine, the need for a legal response to the growing number of persons who have been injured, lost their health or working capacity as a result of participating in hostilities or being in a military conflict zone is becoming more urgent.Key legislative acts that determine the legal principles of administrative protection of persons with disabilities as a result of war are disclosed, in particular: the Law of Ukraine “On the Status of War Veterans, Guarantees of Their Social Protection”, the Code of Ukraine on Administrative Offenses and other acts that regulate the procedure for providing assistance, rehabilitation services, medical care, pension and preferential services. Gaps in the current legislation that complicate the effective implementation of the rights of persons with disabilities are indicated, and the issues of access to administrative services in the field of health care, labor, housing and social integration are also considered. Based on the analysis, the need to update existing regulatory legal acts taking into account war realities, strengthen interdepartmental coordination and implement electronic services to simplify access to administrative protection is substantiated. The creation of a special body or departmental structure in the executive branch system responsible for comprehensive support and assistance to persons with disabilities as a result of war is proposed. The importance of applying the principles of accessibility, non-discrimination, human dignity and respect for human rights in the practice of administrative and legal protection of this vulnerable category of citizens is emphasized.

ON LEGAL MECHANISMS FOR ENSURING THE SECRET OF ADOPTION OF A COURT DECISION IN ACCORDANCE WITH THE LEGISLATION OF UKRAINE AND THE LEGISLATION OF OTHER FOREIGN COUNTRIES

Yu. I. Tsvirkun, D. F. Laukhin — Fri, 26 Sep 2025 00:00:00 +0300

The article analyzes the rules governing the secrecy of court decision-making, as well as the international legal mechanisms for ensuring secrecy of court decision-making in foreign countries.The author emphasizes that until recently, in civil, commercial and administrative court proceedings in Ukraine, the deliberation room was a practical tool which allowed a judge or a panel of judges to discuss the circumstances of a case in a moderate manner and make a court decision without being subject to any outside influence, since the deliberation room was located in the courtroom and access to it by unauthorized persons was strictly prohibited. In addition, the deliberation room disciplined the judges, who went to it immediately after the stage of court debates and stayed there without access to the court staff or the parties until the judgment was rendered, which contributed to the timely administration of justice.It is emphasized that the existence of the institution of the “Secret of the Deliberation Room” in Ukraine was and is, taking into account criminal proceedings, one of the guarantees of impartiality and independence of judges and one of the safeguards against illegal influence on them during decision-making. The “Deliberation Room” was and still is a historical attribute or even a ritual of the domestic judicial process, which has an important practical purpose and is a factor that prevents interference in the activities of judges and the court.At the same time, it is noted that the introduction of the institution of “Secrecy of court decision-making” instead of the rudimentary institution of “Secrecy of the deliberation room”, similar to neighboring Western countries, should ensure that substance prevails over form. Such a change could contribute to deepening ties with our Western neighbors and at the same time, as it develops, move us away from the Soviet legacy. In addition, the introduction of the institution of “secrecy of judicial decision-making” shows the global influence of the European Union (EU) legal system on national legal systems, including Ukraine’s.Based on the results of the above study comparing the legislative acts of Ukraine and a number of EU member states, the author concludes that the elimination of the “Deliberation room secrecy” institution should have a positive impact on the processes of deepening the integration of national legislation with the legislation of EU countries. The introduction of the institution of “secrecy of court decision-making” instead of “Secrecy of the deliberation room” departs from the Soviet narratives, promotes harmonization of Ukrainian legislation with EU law, which should generally affect the efficiency of the Ukrainian judicial system. At the same time, the author emphasizes the need for further research of this issue through the prism of practical activity, since only through a detailed analysis of judicial practice will it be possible to come to a reasonable conclusion about the correctness of the changes implemented, whether such changes are appropriate and acceptable for the national legal system. The updated procedural rules introduce legal categories that were not previously present in the domestic procedural law at all. All of them should be tested in practice and deserve further thorough scientific study.

THE SYSTEM OF PUBLIC ADMINISTRATION ENTITIES FOR THE ACTIVITIES OF COMMERCIAL BANKS OF UKRAINE IN A SPECIAL PERIOD

Ye. Ye. Shulika — Fri, 26 Sep 2025 00:00:00 +0300

The article considers the system of public administration entities that regulate and supervise the activities of commercial banks of Ukraine in a special period. It is substantiated that in wartime the banking sector is not only a critically important part of the economy, but also an instrument of state stability and security.That is why the activities of commercial banks require effective coordination and control by a wide range of public administration entities. The article analyzes the functional powers of such bodies as the National Bank of Ukraine, the Cabinet of Ministers of Ukraine, the Ministry of Finance of Ukraine, the Antimonopoly Committee, the State Financial Monitoring Service, the National Security and Defense Council, and others.It is noted that the National Bank of Ukraine is a key public administration entity in the field of banking regulation, which carries out monetary policy, banking supervision, licensing, and anti-crisis management.However, in the conditions of a special period, the role of the coordinating body is gradually transferred to interagency structures, in particular to the National Security and Defense Council, which determines the priorities for preserving the banking system as an element of national security. It is determined that increasing risks for the banking sector requires not only regulatory stability, but also rapid adaptation of mechanisms of regulatory influence and operational interdepartmental interaction. The challenges associated with the activities of banks in the combat zone, forced relocation of institutions, cyber threats, lack of liquidity and restrictions on currency regulation are analyzed. The need to ensure transparency, legal certainty and flexibility of administrative and legal approaches in the interaction of the state with the banking sector is substantiated. The conclusion is made about the expediency of a systematic review and modernization of the regulatory and legal framework of public administration of banking activities, taking into account both national and international security standards.

FINANCIAL RESPONSIBILITY IN THE AREAS OF LABOUR, EMPLOYMENT, LABOUR PROTECTION, SOCIAL INSURANCE AND SOCIAL SECURITY

I. P. Shumeiko — Fri, 26 Sep 2025 00:00:00 +0300

The article is devoted to the study of public law provisions establishing financial responsibility in the field of labour, employment, labour protection, social insurance and social security in Ukraine. Legal relations on bringing to financial responsibility in this area are regulated by 8 special laws of Ukraine. A characteristic feature is the widespread use of fines alongside the main type of penalty – a fine. The most common model of financial sanctions is an absolute proportional model, determined in direct relation to the severity of the violation. In most cases, offences are committed by persons using hired labour. The offences encroach on social relations protected by law that arise in the course of the use of hired labour, collection of insurance contributions and use of insurance funds for compulsory state social and pension insurance, payment of pensions, mediation in employment abroad and in the field of creating jobs for people with disabilities. The corpus delicti of the offences are formal, with the only mandatory feature of the objective side being an act expressed in the form of action or inaction. The subjective side is characterised by guilt, which in some cases is only intentional, but in most cases the form of guilt is irrelevant for the legal qualification of the act. The grounds for exemption from liability are mostly related to force majeure circumstances of martial law. The bodies that apply penalties out of court are the State Labour Service, the Pension Fund of Ukraine, the State Employment Service and the State Tax Service of Ukraine. In case of violation of the legislation on creation of jobs for persons with disabilities, the subject of the court action is the branch of the Social Protection Fund for Persons with Disabilities. Resolutions imposing fines for violations of labour laws, compulsory state pension insurance and the collection and accounting of unified social tax are enforcement documents. In case of violation of the legislation on employment and social protection of persons with disabilities, the fine is enforced after the administrative court decision enters into force.