Scientific works of National Aviation University. Series: Law Journal "Air and Space Law"

PROCEDURAL STATUS OF A VICTIM OF DOMESTIC VIOLENCE IN CRIMINAL PROCEEDINGS

Oleg Adamenko — 2024-09-30

The purpose of the article is to study the procedural status of a victim of domestic violence in criminal proceedings, to highlight and substantiate proposals aimed at improving domestic criminal legislation. Research methods: a comprehensive analysis of normative legal acts, scientific literature and the practice of applying criminal procedural legislation was used. Results: the procedural status of a victim of domestic violence is defined as a set of rights and obligations that arise for a person who has suffered psychological, physical, sexual and/or property damage as a result of a criminal offense. It was established that, taking into account the prospects for the development of criminal justice and the experience of other states in this direction, it can be confidently stated that the category of a victim of domestic violence and its procedural status has not yet been fully formed, it needs significant improvements, changes and additions, because significant gaps in the current legislation significantly complicate criminal proceedings in cases of domestic violence. It is noted that in the framework of criminal proceedings, the completeness of the legal regulation of procedural relations depends on their clear regulation in criminal legislation, with the establishment of not only the rights, freedoms, legal interests and obligations of these participants, but also the regulated algorithm of actions of all participants in the relevant proceedings. Discussion: the norms of domestic legislation that regulate the issue of the procedural status of a victim of domestic violence in criminal proceedings have a fragmentary nature in a number of domestic legal acts that do not cooperate with each other, and therefore require clarification and improvement.

FACTORS INFLUENCING THE RISK LEVELS OF COMMITTING CRIMINAL OFFENSES BY MILITARY PERSONNEL WHO HAVE PARTICIPATED IN COMBAT OPERATIONS AND THEIR TIMELY IDENTIFICATION: THE EXPERIENCE OF THE USA

Andriy Bakhmach — 2024-09-30

Purpose: to identify and classify factors that influence the risk levels of committing criminal offenses by military personnel who have participated in combat operations, and to explore the possibilities and methods for timely identification of such factors using the experience of studies conducted in the USA. Research methods: comparative analysis, system analysis, cognitive-analytical methods, and others. Results: studies conducted in the USA have confirmed that military personnel diagnosed with mental disorders, particularly post-traumatic stress disorder (PTSD), predominantly exhibit high levels of aggression. The deterioration of mental health is a significant internal factor that exerts a substantial negative impact on the aggressiveness of military personnel who have participated in combat operations, thereby increasing the risk of committing criminal offenses. Even in the absence of mental disorders or illnesses, a negative emotional state, particularly manifestations of anger and aggression, directly influences the risk of committing criminal offenses. The author concludes that the factors influencing the risk levels of committing criminal offenses by military personnel can be divided into external and internal factors. The primary factor affecting this risk is the deterioration of mental health among military personnel, which necessitates timely diagnosis. Discussion: the necessity and feasibility of mandatory diagnosis of the mental health condition of all military personnel who have participated in combat operations, with the aim of providing assistance to restore their mental health.

ANALYSIS OF THE OBJECTIVE SIDE OF CRIMINAL OFFENSES PROVIDED FOR IN THE DISPOSITIONS OF ART. 180 OF THE CRIMINAL CODE OF UKRAINE

Oleksii Kovtun — 2024-09-30

Purpose: a comprehensive analysis of the objective aspect of criminal offenses, the legal compositions of which are stipulated in the provisions of Article 180 of the Criminal Code of Ukraine, considering the principles of criminal law theory. Research methods: deduction, formal-legal, logical-legal, cognitive-analytical, comparative-legal analysis, hermeneutic, and others Results: the proposed resolution of certain significant contentious issues regarding the objective elements of crimes defined in the provisions of Article 180 "Obstruction of Religious Worship" of the Criminal Code of Ukraine, specifically, the definition of "religious worship" as the circumstances of the commission of a criminal offense, the interpretation of the term "coercion" in light of the term "extortion" and the use of the terminological phrase "form of committing a socially dangerous act". Discussion: the study is dedicated to analyzing contentious issues concerning the objective aspect of the legal compositions of crimes stipulated in the provisions of Article 180 "Obstruction of the Performance of a Religious Rite" of the Criminal Code of Ukraine. Specifically, it addresses the interpretation of the terms "obstruction", "coercion", "religious rite" and the identification of specific types of socially dangerous acts as forms of committing a crime. Since criminal law theory defines the objective aspect of a criminal offense as one of the elements of the composition of a criminal offense, an analysis of domestic legal scientific literature allowed us to formulate the definition of the objective aspect of the composition of a criminal offense as a set of features prescribed by the law on criminal liability. These features characterize the observable and examinable external manifestation of the criminal offense and include the socially dangerous act (action or inaction), socially dangerous (criminal) consequences, and the causal link between the act and the consequences, as well as the place, time, context, method, tools, and means of committing the crime.

TRANSFER, COMPULSORY ALIENATION OR SEIZURE OF PROPERTY DURING MARTIAL LAW

Iryna Litvinova — 2024-09-30

The purpose of the article on the transfer, expropriation or seizure of property during martial law is to disclose the legal, economic and social aspects related to this process in emergency situations. The article analyzes the legal grounds and mechanisms for implementing such actions, considers the impact on property owners, and assesses the effectiveness and fairness of these measures in terms of protecting national security and public interests. This topic is important for understanding the balance between state needs and the rights of citizens, especially in the context of current challenges and threats. Research methods: the article uses the methods of comparative analysis and legal modeling, which allow for a detailed study of legislative norms, practical examples and consequences of expropriation of property during martial law. The author also uses the method of document analysis for a deeper understanding of the legal and socio-economic aspects of this issue. The results of the study show that the forced alienation or seizure of property during martial law, although justified from the point of view of national security, raises significant legal and social challenges. In particular, it was found that existing legal mechanisms do not always provide adequate compensation to owners, which can lead to social tension and a decrease in trust in state institutions. The analysis showed that successful implementation of such measures requires transparent procedures, clear regulation and constant monitoring to minimize negative consequences for citizens and the economy. Discussion: the discussion revealed that while the expropriation of property during martial law is a necessary measure to ensure national security, there is a need to improve the legal and administrative mechanisms for its implementation. It is important that the expropriation processes are as transparent and fair as possible, with clear criteria for determining the objects of expropriation and compensation mechanisms for affected owners. Particular attention should be paid to preventing abuses and corruption in this area, as well as to ensuring a proper balance between the interests of the state and the rights of citizens.

LEGAL CHARACTERISTICS OF DOMESTIC VIOLENCE AGAINST WOMEN AS A SOCIAL PHENOMENON

Iryna Litvinova — 2024-09-30

Purpose: to study the legal basis of domestic violence against women as a social phenomenon. Research methods: the following methods were used: analysis method (processing of literary sources); dialectical (social relations in the sphere of protection of women from domestic violence are considered in their unity and interrelationship, the patterns of their development are revealed, the dynamics of the development of legislation in this sphere are taken into account). Results: the definition of the concept of domestic violence against women is provided. It has been established that psychological violence is the most common manifestation of domestic violence experienced by a woman, and is the basis for committing other types of violence - physical, economic and sexual. Based on the analysis of the types of domestic violence, various forms of aggressive behavior that the abuser can use against a woman have been identified. Discussion: domestic violence against women is one of the most dangerous forms of violence. In the family, a woman of any age is often subjected to physical, psychological, sexual and economic violence, which is preserved by traditional views. Lack of economic freedom and ignorance of the law force many women to remain in conditions where violence prevails. Violence puts a woman in a position that threatens her health, causes harm and deprives her of the opportunity to participate in family and public life on an equal basis with a man, that is why it is so important to pay attention to the effectiveness of the exercise of powers by the entities that carry out measures in the field of prevention and combating domestic violence among women in accordance with the provisions of the normative legal acts that regulate the activities of such entities.

LEGAL GROUNDS FOR EXTRADITION AS A GUARANTEE OF SECURING THE RIGHTS OF PERSONS

Oksana Panova — 2024-09-30

The purpose of the article is the analysis of international legal acts (international agreements, conventions) regarding extradition and their impact on Ukrainian procedural provisions in this aspect, which will give us an understanding of the extent to which they are the legal basis of extradition; substantiating the legal grounds for extradition as a guarantee of ensuring the rights of persons who have committed a criminal offense. Research methods: a comprehensive analysis of normative legal acts, scientific literature and the practice of applying criminal procedural legislation was used. Results: it is substantiated that international legal agreements, treaties on extradition, ratified by Ukraine, are one of the forms of cooperation between states in the fight against crime. In turn, Conventions, treaties between states and other legal acts on extradition have a separate system of international legal instruments. It is noted that generally recognized international standards in the field of human rights, in particular regarding ensuring the right to life, liberty and personal integrity, to judicial protection, etc., are of fundamental importance when extraditing a person who has committed a criminal offense. It was determined that, to a certain extent, international norms on the extradition of criminals were systematized and reflected in the Criminal Procedure Code of Ukraine, the provisions of which are a guarantee of ensuring the rights of a person subject to extradition. It is international conventions, agreements, treaties between states that are able to impose restrictions both on the extradition procedure and on the question of criminal liability for acts in which there is a political aspect. International norms refuse to extradite a person who left the country for political offenses, for persecution based on his race, religion, nationality. Discussion: the purpose of extradition is to prevent evasion of justice for a crime committed. The analysis of the conventions and the Code of Civil Procedure of Ukraine proved that the legal provisions are exhaustive and are not subject to expansive, arbitrary interpretation.

ADMINISTRATIVE AND LEGAL REGULATION OF MEASURES AGAINST CYBER THREATS BY ACTS OF THE EUROPEAN LEVEL

Ievgenii Kryvolap — 2024-09-30

The purpose of the article is to study the system and content of acts of the European level in the field of combating cyber threats. Research methods: documentary analysis, summarization of legal information, information from the field of cyber protection of information and communication systems. Results: specific features of the legal regulation of measures to ensure cyber security by legal acts of the European level have been determined. It was emphasized that the three basic EU regulations in the field of cyber protection, namely: Directive of the European Parliament and the Council of the EU 2016/1148 of 07.06.2016 on measures for a high common level of security of network and information systems on the territory of the Union; Council Directive 2008/114/EU of 08.12.2008 on the identification and definition of European critical infrastructures and assessment of the need to improve their protection and protection; Regulation of the European Parliament and Council (EU) 2016/679 of 27.04.2016 on the protection of natural persons in connection with the processing of personal data and on the free movement of such data – subject to implementation into the legislation of Ukraine in accordance with the Association Agreement between Ukraine and the European Union of 2014. It was established for the first time that the Council of Europe Convention on Cybercrime dated November 23, 2001 with the Additional Protocol dated January 28, 2003 to the Convention on Cybercrime should be considered and implemented as European-level guidelines for the practical implementation of the requirements of the specified Conventions on cyber protection; Recommendation dated October 30, 1997 No. R (97) 19 of the Committee of Ministers of the Council of Europe «On the display of violence by electronic media»; Recommendation dated October 30, 1997 No. R (97) 20 of the Committee of Ministers of the Council of Europe «On incitement to hatred»; Recommendation dated 04/27/1989 No. R (89) 7 of the Committee of Ministers of the Council of Europe «On the principles of distribution of video recordings of violent, cruel or pornographic content». Measures are being taken to standardize software and hardware requirements aimed at countering cyber interference. Discussion: the implementation of the specified provisions allows for the development of national standards for adequate protection against cyber interference and viewers from "unwarranted display of violence".

LEGAL REGULATION OF THE TERRITORIAL RECRUITMENT AND SOCIAL SUPPORT CENTERS ACTIVITIES IN THE CONTEXT OF IMPROVING MILITARY LEGISLATION OF UKRAINE

Vitalii Mykulets — 2024-09-30

Purpose: the analysis of the legal regulation of the territorial recruitment and social support centers activities in order to determine directions for improving their legal status was conducted. Research methods: general theoretical and analytical methods combined with systemic and complex approaches. Results: it was determined that at the theoretical level of the study that the creation of a new body of state power based on the existing system of the territorial recruitment and social support centers with the simultaneous adoption of a special law will contribute to the improvement of the legal regulation of the activities of these territorial centers and, at the same time, the appearance of such a law would become an important element of the improvement of the military legislation of Ukraine. The idea is argued that the proposed reform of the system of territorial recruitment and social support centers will contribute to a positive transformation of the attitude of citizens towards these territorial centers, and will also be a confirmation of the legal nature of the Ukrainian state. Discussion: the issue of non-compliance of the status of territorial recruitment and social support centers with their real functional load is raised. It is proven that, in accordance with the current legislation, it is expedient to transform the system of the territorial recruitment and social support centers into a state service whose activities are directed and coordinated by the Cabinet of Ministers of Ukraine through the Minister of Defense, and which implements state policy in the areas of military duty and military service, mobilization training and mobilization, and social support. The author emphasized that it is necessary to develop and adopt a specific law in order to ensure the legal nature of the activity of such a service.

THE EFFECT OF THE IMPLEMENTATION OF MEDICAL SELF-GOVERNMENT ON THE CONTINUOUS DEVELOPMENT OF MEDICAL EMPLOYEES

Tamara Olieinikova — 2024-09-30

The purpose of the article is to analyze the impact of the introduction of medical self-governance on the continuous professional development of medical workers in Ukraine, highlighting this process as a key aspect of reforming the health care system. Research methods: documentary analysis, generalization of legal information. Results: the article analyzes the impact of the introduction of medical self-governance on the continuous professional development of medical workers in Ukraine, highlighting this process as a key aspect of reforming the health care system. In the context of international practices and the internal need for change, medical self-governance is proposed as an effective mechanism for involving physicians in the management of the industry, which allows them to directly influence the standards and practices of medical activity. The reform is aimed at the transition from an administrative model of management to a model based on professional self-regulation and self-organization, should ensure the improvement of the quality of medical services, as well as open new opportunities for the professional development of personnel. A detailed analysis of the Draft Law on Medical Self-Government No. 10388 dated 01.01.2024 and the Draft Law on Medical Self-Government No. 10372-1 dated 08.01.2024 concerning medical self-governance was also carried out, considering them in the context of current needs and trends in the medical field. Measures to implement the principles of self-governance include the creation of medical associations that bring together specialists in various fields and support continuous learning through certification and educational programs. This process includes the activation of professional organizations that play a role in the creation of training programs, certification courses and other initiatives aimed at the continuous improvement of the qualifications of doctors. Thus, doctors get the opportunity to improve their skills in accordance with the current needs and challenges of modern medicine, which directly affects the quality of medical care and the improvement of health care standards. Discussion: emphasis is placed on the importance of medical self-governance for strengthening professional autonomy and ethical standards, which, in turn, will contribute to the improvement of medical care for the population. The article also examines potential challenges and barriers to implementing this system, including the need to coordinate legislative initiatives and administrative support.

FEATURES OF THE INTERACTION BETWEEN LOCAL GOVERNMENT BODIES AND LAW ENFORCEMENT AUTHORITIES UNDER THE MARTIAL LAW CONDITIONS

Yurii Pryvarskyi — 2024-09-30

Purpose: to outline the specifics of the interaction of local self-government bodies and law enforcement bodies under martial law conditions, in particular in the part of the legal regulation of the corresponding interaction, with the further aim of forming proposals for improving such regulation. Research methods: the theoretical nature of the proposed study determined the methodological apparatus that was used in the work - first of all, we mean general theoretical and analytical methods in combination with systemic and complex approaches. Results: the conducted analysis proves that the existing legal framework of the relevant cooperation is imperfect and has a general (unspecified) nature. Even for peacetime conditions, the legislator did not give definitions regarding the content (and form) of interaction between local self-government bodies and law enforcement authorities. With regard to the conditions of martial law, the current Law of Ukraine «On the Legal Regime of Martial Law» does not address the issue of granting local self-government bodies the authority to ensure public and state security, and the specified law does not contain norms defining the principles of interaction of local self-government with law enforcement authorities in conditions martial law. Discussion: the thesis is supported that the systematic, diverse forms and permanent interaction of local self-government and law enforcement authorities is a guarantee of effective activities to ensure public order and effective fight against crime. The situation in the conditions of martial law becomes even more acute, because the corresponding interaction is part of the protection of national security, in particular, public and state security. It is possible to change the relevant situation by creating a well-thought-out and effective legislative framework for the interaction of self-government with law enforcement bodies, particularly in martial conditions.

THE RIGHT TO BE FORGOTTEN AS ONE OF THE FUNDAMENTAL HUMAN RIGHTS IN THE DIGITAL AGE

Iryna Sopilko — 2024-09-30

The purpose of the article is to research the right to be forgotten, as one of the basic human rights in the digital era. Research methods: documentary analysis, generalization of legal information. Results: the article analyzes one of the basic human rights in the digital age – the right to forget. It is indicated that since the beginning of the development of modern technologies, in particular with the advent of the global Internet system, humanity has entered a time when it is possible to exercise its rights not only in the material dimension, but also in the digital one, in connection with which questions arise of guaranteeing and protecting digital human rights. Moreover, the full-scale war in Ukraine has become a catalyst for a number of problems in guaranteeing human rights. On the one hand, digitalization is the basis for hybrid warfare and «hacker attacks», theft of information, distortion of data, on the other hand, it creates conditions for access to various types of public and other services, the introduction of digital tools in the system of protection of citizens’ rights should become the basis for guaranteeing access to quality public services. Discussion: it is stated that the concept of «digital rights» is not enshrined in the current national legislation, which causes certain difficulties in approaches to law enforcement. Some authors point out that digital rights should be understood as a system of norms and rules of conduct that enshrine human rights and freedoms regarding proper access and use of electronic devices, the possibility of creating, using and publishing digital goods, as well as communication networks, in particular, the Internet.

It is noted that the emergence of digital rights is associated with the emergence of the right to demand the removal of personal data, confidential information about a person from the Internet. In particular, such a right is called the «right to erasure» or «the right to be forgotten».

It is concluded that the right to be forgotten, although relatively new, is one of the basic human rights in the digital age. Of course, the introduction of this right faces uncertainty in the field of law enforcement, and from the American point of view, the European right to be forgotten is catastrophic for freedom of expression, but the «right to be forgotten» is a relatively recent and new legal concept with major implications for Internet politics. Freedom of expression and privacy. This leads to the need to introduce the right to be forgotten in Ukraine, in particular, to reform the legislation in the field of personal data protection by introducing appropriate norms into the current national legislation. In addition, it is necessary to create fundamentally new tools for protecting a person from posting personal data, as well as mechanisms for deleting these materials through the introduction of a mechanism of legal liability.

PECULIARITIES OF FUNCTIONING OF THE FINANCIAL SYSTEM OF UKRAINE AND ASSET MANAGEMENT IN THE CONTEXT OF MILITARY AGGRESSION

Iryna Ustynova — 2024-09-30

Purpose: the purpose of the study is to review and analyses the legal nature of the financial system of Ukraine, the main aspects and identify the shortcomings that hinder the development of the financial system, to find possible ways to improve it, to analyses the problems and determine the prospects for the functioning of the financial system in modern conditions, namely, under martial law. Research methods: the article uses the following general scientific methods of research: observation and description and theoretical methods: analysis, generalization, explanation, as well as systemic, functional, specific and sociological. Results: particular attention is paid to the formation of budgets that have experienced the greatest pressure and the allocation of financial resources to defense and social needs. In addition, the problems of imbalance between budget expenditures and revenues, as well as the foreign exchange market, which continues to operate with restrictions imposed during martial law, are considered. The article also discusses existing and potential solutions to the problems of the financial system, including their adaptation to the needs of defense and ensuring the smooth functioning of the public finance system. Discussion: the military invasion of Ukraine and globalization processes in the world have led to significant negative changes in the existence of Ukraine’s financial system, and therefore require new practices in addressing the issues of forming the country’s budget, local budgets, significant adjustments to tax legislation and changes in the size of the tax burden. An essential component of solving these issues is to expand cooperation with international financial organizations, to promote the improvement of the investment climate, etc.

FEATURES OF THE FORMATION OF COMPETENCIES OF A GRADUATE IN THE SPECIALTY 262 "LAW ENFORCEMENT" FOR THE SECOND (MASTER’S) LEVEL OF HIGHER EDUCATION

Oksana Panova — 2024-09-30

The purpose of the article is to consider the peculiarities of the formation of competences of a graduate of specialty 262 "Law enforcement activity" for the second (master’s) level of higher education. Research methods: a comprehensive analysis of regulatory and legal acts, scientific literature and the practice of implementing educational and professional programs of the second (master’s) level of higher education in the specialty 262 "Law enforcement activity" was used. Results: it was established that the formation of professional competences, despite the existence of a single Standard, takes place through the implementation of the missions and visions of the higher education institutions where this program is implemented in the educational and professional programs, with the exception of higher education institutions with specific conditions of study, where the determination of unique professional competencies does not take place. It is justified that the future law enforcement officer should implement the acquired professional qualities, combining them with his interests, needs, and beliefs. The important qualities of the future master of law enforcement have been formed, which reflect various aspects of the formation of an individual who is able to bear responsibility for the decisions made, quickly navigate in extreme situations and formed views and the main desire to constantly learn and improve oneself in the process of professional activity. The main competencies of the future law enforcement master should be: knowledge, including modern scientific achievements in the field of professional activity, critical understanding of problems in the field of law enforcement activity, specialized skills/skills for solving problems (in particular: fire training, tactical and special training, police activity , etc.), the ability to integrate knowledge and solve complex problems, the ability to solve problems in new or unfamiliar environments, clear and unambiguous communication of one’s own knowledge, use of a foreign language, responsibility for contributing to professional knowledge, the ability to continue learning. Discussion: the study of the factors of the readiness of future law enforcement officers to interact with the public, the peculiarities of the formation of readiness to continue studying in the adult education system and continuous professional development.

SPACE RESOURCES: A NEW BALANCE OF INTERESTS FOR THE 21ST CENTURY

Álvaro Andrés Erices Bravo — 2024-09-30

Purpose: the Art. II of the 1967 Outer Space Treaty (OST), which prohibits national appropriation by claim of sovereignty, use or occupation, is a jus cogens norm and has become a guarantee of peace in space, as well as the basis of international space law. In opposition, the creation of national legislations that allow the appropriation of space resources to their citizens, the advance of the private sector in space activities all over the world, the initiative to create the International Lunar Research Station (ILRS), and The Artemis Accords, put the interpretation of this fundamental principle under debate. In the 21st century, the proliferation of new space missions of public-private nature has created feasible commercial opportunities, such as space mining. All of this has deepened the debate within the United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS) on the need (or not) for elaborate new legal definitions and a legal regime for space resources. For this, it’s necessary to generate a unified interpretation by the States based on the "balance of interests" principle. Research methods: study of specialized bibliography and national and international legislations, observation methods and analysis of information related to space activities. Results: in this article it will be evaluated whether it’s possible to establish a new global legal interpretation of Art. II of the OST of 1967 to allow the harmonization of private and public interests. Discussion: the Artemis Accords, the ILRS and the national legislations of States that currently allow their citizens to appropriate space resources are, in fact and in practice, the spearhead of NewSpace and their main characteristic is that they are initiatives carried out outside UNCOPUOS. What would happen if soon, in a hypothetical case, The Artemis Accords and the ILRS project were to have more than a hundred signatory States in total?

PRAXEOLOGICAL ASPECTS OF THE APPLICATION OF LEGAL SCIENCE AND INNOVATIVE TECHNOLOGIES FOR FLIGHTS OF THE FUTURE

Sofiia Lykhova — 2024-09-30

The purpose of the article is to establish the praxeological aspects of the application of jurisprudence and innovative technologies for the aircraft of the future and to develop specific recommendations for improvement on this basis. Research methods: a comprehensive analysis of static data, scientific literature and the practice of applying legislation was used. Results: modern statistics on the safety of aviation use in everyday life are provided. Prospects for the development of aircraft construction are presented. The latest achievements of unmanned aerial vehicles in the economic and scientific fields as promising directions for the development of aerial vehicles are studied. Vulnerable aspects of drones and methods of overcoming relevant dangers, including cyber threats, are presented. It is substantiated that modern technologies play a key role in the development of aviation, contributing to increasing the efficiency, safety and environmental friendliness of aircraft. It has been established that modern technologies of strategic planning and conceptual design ensure the effectiveness of integrated management structures of aviation science and technological developments, which is a key factor for maintaining a leading role in the field of aviation and aerospace. Discussion: the future improvement of the aviation industry is linked to the issues of flight safety and prevention of aviation accidents, which relate to technical, human and organizational factors; medical support and health of the flight crew for the prevention of occupational diseases and maintenance of the working capacity of pilots; development of new materials and technologies to reduce weight and increase the efficiency of aviation equipment; environmental problems related to aviation noise and emissions; economic and social issues of the development of the aviation industry, including pricing, competition and passenger service.

PROBLEMS AND PROSPECTS OF LEGAL REGULATION OF THE CREATION AND USE OF BPL IN UKRAINE

Inna Polishchuk — 2024-09-30

Purpose: to investigate and analyse the state of legal regulation of the creation and use of unmanned aerial vehicles in Ukraine, outlining the current risk and safety assessment and prospects for the development of UAVs, taking into account technological, economic and social aspects. Research methods: to achieve this goal, the author used general scientific methods: systematic analysis, analysis and synthesis, formal logic, dialectics, generalisation and forecasting, as well as special legal methods: systemic-functional, comparative legal, formal legal. Results: the article argues the importance of legal regulation of the creation and use of UAVs in Ukraine, its reform due to the rapid development of technologies and the actualisation of needs caused by European integration processes and martial law in the country. t seems necessary not only to improve the existing regulations related to unmanned aerial vehicles, but also to adopt a separate special law that would unify all aspects of proper legal regulation of the use of UAVs in accordance with international and European standards, and legally establish procedures and rules for potential participants in the rapidly growing market of unmanned aerial vehicles. Improving legislation in this area will help ensure aviation safety, efficient and safe use of UAVs for both military and civilian purposes; harmonise national legislation with European and international standards; and increase legal certainty, security and competitiveness of Ukraine in the global market for unmanned technologies. Discussion: the use of UAVs should be regulated depending on the risk of each particular operation, rather than being standardised; legalisation of fully automated UAVs controlled by artificial intelligence; procedural aspects of using UAVs in law enforcement; deregulation of the use of airspace to reduce the risk of collision between UAVs and other aircraft and between them.

FEATURES OF THE INTERACTION BETWEEN LOCAL GOVERNMENT BODIES AND LAW ENFORCEMENT AUTHORITIES UNDER THE MARTIAL LAW CONDITIONS

Kateryna Rohozinnikova — 2024-09-30

Purpose: to outline the functions of the Specialized Environmental Prosecutor’s Office as a subject of protection of citizens’ rights to environmental safety. In order to achieve the specified goal, the following tasks were solved: 1) the content of the authorities of the Specialized Environmental Prosecutor’s Office as a subject of protection of citizens’ rights to environmental safety was summarized and revealed; 2) the legal capabilities of the Specialized Environmental Prosecutor’s Office in the specified sphere are outlined. Research methods of the proposed research are determined by its theoretical nature, which defined the appropriateness of general theoretical and analytical research methods. Results: the conducted analysis proves that the norms of the profile Law of Ukraine «On Environmental Protection» and the complex of legal norms of criminal and administrative justice form a sufficient legal basis for the activities of the prosecutor’s office on behalf of the society in protecting public interests and the rights of individuals in matters of environmental safety. It is substantiated that the Specialized Environmental Prosecutor’s Office has every reason to act as a subject of protection of citizens’ rights to environmental safety, including in the context of understanding the subject as a person (organizational and legal institution) that carries out certain activities aimed at the practical transformation of objective reality and is the bearer of certain defined qualities that enable him to perform socially significant functions. Discussion: the thesis is argued that the Specialized Environmental Prosecutor’s Office is an important structural unit in the national system of prosecutor’s offices. Its appearance can be interpreted as recognition of the priority of solving problematic issues of environmental protection. It is claimed that the tasks, powers and functions of the Specialized Environmental Prosecutor’s Office provided by the legislation correspond to European visions for such institutions.

IMPLEMENTATION OF THE GREEN DEAL POLICY IN UKRAINIAN LEGISLATION: THEORETICAL AND PRACTICAL CHALLENGES

Nina Trotsiuk — 2024-09-30

The purpose of this research is to conduct a comprehensive examination of Ukraine’s process of Eurointegration into the European Union by analyzing the amendments needed in national legislation for the adoption and adaptation of the Green Deal policy and its provisions to the Ukrainian context. This objective encompasses several tasks: analyzing the current state of national legislation and its alignment with EU legislation; exploring the theoretical foundations and practical experiences of the EU in implementing and developing the key aspects of the Green Deal policy; examining the legal content of the main principles of the Green Deal policy and their practical application; identifying current issues in state regulation and national legislation related to the implementation of the Green Deal policy; and outlining prospects for improving legislation regarding the implementation of Green Deal principles in the context of Eurointegration. Research methods: the primary results of the study were obtained using the dialectical method, which allowed for an exploration of the specifics of the level of harmonization of Ukrainian legislation. The normative method was employed to analyze Ukrainian legislation; the systemic and theoretical methods facilitated the analysis of the objectives and effectiveness of Green Deal implementation in the context of Eurointegration. The concrete-sociological method was used to illustrate theoretical conclusions and positions of the research. The study results include a thorough assessment of the alignment of Ukrainian legislation with European Green Deal standards, identification of key issues and gaps in the implementation of environmental policy, and the development of specific recommendations for improving legal and practical mechanisms. The research also aims to identify barriers to implementation, such as financial and administrative obstacles, and propose strategic approaches for the effective integration of the Green Deal policy into Ukraine’s national sustainable development strategies. The discussion focuses on critical aspects of adapting European environmental standards to Ukrainian realities. It includes a detailed analysis of how theoretical Green Deal models translate into practical initiatives and policies in Ukraine, considering the specifics of national legislation, economic, and social conditions. Particular attention is given to discrepancies and issues in the legal framework, as well as the effectiveness of existing tools and mechanisms. The discussion also covers prospects for further legislative and practical improvements that will facilitate the successful implementation of the Green Deal in Ukraine, as well as potential scenarios for overcoming existing barriers and achieving environmental goals.

FORMATION OF HUMAN RIGHTS IN THE MODERN WORLD: A HISTORICAL PERSPECTIVE

Pavel Golovko — 2024-09-30

The purpose of the article is to study the issue of the historical aspect of the formation of human rights in the modern world. Research methods: the chosen topic of scientific research requires the use of various scientific methods and approaches to obtain qualitative results. Therefore, the following research methods were used to solve the tasks: analysis; system method; analytical, etc. Results: the emergence and path of development of human rights and the institution of human rights as a whole, closely related to the historical prerequisites for the formation of law, the existence and development of man and human civilization, which were initiated and developed by prominent philosophers of Ancient Greece and Rome. For centuries, scholars have highlighted and substantiated their own vision of the concept of human rights in their works. This made it possible to form the concept of "human rights", as certain capabilities of a person, which are necessary to meet the needs of his existence and development in specific historical conditions, are objectively determined by the achieved level of development of society and are provided by the responsibilities of other subjects. Discussion: human rights are rights that all people have, regardless of their country, gender, ethnicity, or any other trait. Among other things, this includes: rights to physical integrity, such as not being killed or tortured; civil rights, such as practicing one’s religion and moving freely within one’s country; and political rights, such as freedom of speech and association. Every human being has dignity and worth. One of the ways to recognize the fundamental The values of every human being are recognition and respect for their human rights. Human rights are a set of principles relating to equality and justice. They recognize our freedom to make choices about our lives and develop our potential as human beings. They are about living a life free from fear, harassment, or discrimination. Human rights can be broadly defined as a series of fundamental rights that people from all over the world have agreed on that are important. These include the right to life, the right to a fair trial, freedom from torture and other cruel and inhuman treatment, freedom of speech, freedom of religion, and the rights to health care, education, and an adequate standard of living. These human rights are the same for all people around the world – men and women, young and old, rich and poor, regardless of where we come from, where we live, what we think or what we believe. This is what makes human rights "universal".

HISTORICAL ASPECT OF THE DEVELOPMENT OF THE PRINCIPLE OF EQUALITY IN LAW

Kirill Kopiyka — 2024-09-30

The purpose of the article is to study the historical aspect of the development of the principle of equality in law. Research methods: the chosen topic of scientific research requires the use of various scientific methods and approaches to obtain qualitative results. Therefore, the following research methods were used to solve the tasks: analysis; system method; analytical, etc. Results: the idea of equality, which originated in the ancient world, has undergone a thousand-year evolution of its development and has been increasingly recognized over time. In the political and legal history of mankind, in the works of leading scientists, in constitutions, the process of formation of the idea of equality was gradually underway. The attitude to the principle of equality of people from antiquity to the present day has always been the basis for the creation of different visions of the socio-political system, and depending on whether it was a positive or negative attitude towards it, different concepts based on egalitarianism or, conversely, on elitism arose. It should be noted, however, that some authors point out that from the point of view of modern science, such a picture should be considered as a far-reaching simplification. There is still debate about whether whether the values of freedom and equality are compatible, but the stereotype that identifies them exclusively with the right-wing or left-wing political mainstream, respectively, is rather a thing of the past. Discussion: the principle of equality is the basis of the social state, which, through the enshrinement of social rights in the Constitution, makes it possible to guarantee the essential equality of the individual in society, the individual in the legal order, and the social groups that individuals create for the realization of their personality. The idea of equality is fundamental for any democratic state governed by the rule of law, because it ensures a decent position, regardless of the subjective characteristics of the individual, of every citizen in society. The realization of essential equality requires state intervention in various spheres of public life, acting on the basis of various political and legal means.

TECHNOLOGY AND LEGAL CHALLENGES OF CONTEMPORARY ARMED CONFLICT

Ana Samakashvili — 2024-09-30

The purpose of the article is to research the relationship between IHL, IHRL and national law norms, and to give recommendations about the prevention of using technologies in contemporary armed conflicts. Research methods: in the article, the research was carried out using the comparative-legal method in order to present the relationship between international and national legal norms. Also, we will use the normative method to emphasize the need of introduction of new norms to regulate the problem. Results: after the World War II, adoption of the new international norms significantly decreased the war statistics, however, in recent years, development of technologies, which was further accelerated by the pandemic, changed the mentioned statistics, to the extent that new technologies are actively used in war. Unfortunately, preventive and/or prohibitive international norms do not exist, therefore, we do not have the practice of regulating them. Paucity of regulative norms and the absence of proper literature in this field underscores the relevance of this topic. The use of new technologies can lead to violations of the principles of international law and human rights, which requires the creation of preventive mechanisms within the framework of international law. Discussion: the relevance of the topic is also determined by the war situation in the world, which reminds us that against the backdrop of challenges in international law, there is a gap in terms of illegal integration of technologies in contemporary armed conflicts, which, as a result, leads to a breach of human rights and violation of the norms of both the Geneva Convention and the European Convention on Human Rights.

TO THE ISSUE OF CERTAINTY OF THE CONCEPT OF «HUMAN»: PHILOSOPHICAL AND LEGAL ASPECTS

Viktoriya Сherevatiuk — 2024-09-30

The purpose of the scientific paper is a philosophical and legal comprehension of the concept of "human". Research methods: to achieve a specific goal, philosophical, general scientific, and special-legal methods were used, in particular, the dialectical, historical, structural-functional, comparative, logical-legal, and the like. Results: the issue of uncertainty of the concept of "human" is resolved at the interdisciplinary level, including within the framework of philosophical and legal science. Philosophical and legal research on the definition of the concept of "human" will contribute to the achievement of theoretical-scientific and social-practical goals, in particular, it will help to avoid existing disagreements, to resolve numerous problematic issues that are a priority at the current stage of development of jurisprudence and related to human rights. Discussion: the philosophical and legal analysis of the concept of "human" is aimed at considering it in harmony with the biological, social, and spiritual essence of human. The issues of unification of this concept in various legal systems remain controversial in this context due to the diversity of cultural and religious beliefs, the lack of regulation of the issue of biotechnology, artificial intelligence, fetal rights, and decisions on the end of life. It is important that with the change in society, and the emergence of new technologies, the definition of what it means to be human also changes. All this requires constant legal, ethical, and philosophical discussions to adapt laws to new challenges while ensuring the observance of fundamental human rights.

INTERNATIONAL AND FOREIGN EXPERIENCE IN LEGAL REGULATION OF SOCIAL PROTECTION OF CHILDREN SUFFERED FROM THE MILITARY ACTIONS AND ARMED CONFLICTS

Yulia Beluga — 2024-09-30

Purpose: to study and compare an experience of foreign countries in the legal regulation of social protection of children suffered from the military actions and armed conflicts and to identify the problems of regulatory support in this area of relations in the legislation of Ukraine. Research methods: comparative legal, formal logical and system analysis methods, structural and functional methods and other research methods. Results: analysing the legislation of Syria, Israel and Colombia on social benefits and guarantees for children suffered from the military actions, it could be noted that these countries have developed a number of special programmes and measures to support the most vulnerable segments of the population. For example, Syria’s experience in organising centres for the specialised psychological support and medical care could be very useful. Discussion: Ukraine should take into account the positive experience of other countries in legal regulation of social protection of children suffered from the war.

THE INFLUENCE OF THE LEGAL REGIME OF MARTIAL STATES ON LABOR RELATIONS IN UKRAINE

Maksym Dyban — 2024-09-30

Purpose: to determine the prospects for the development and improvement of procedural legislation in the field of labor law after the termination or cancellation of the legal regime of martial law and to reveal the problem of legal regulation of labor relations during the legal regime of martial law. Research methods: during the research, general scientific and special legal methods of scientific knowledge were used, in particular: system-structural method, observation method, generalization method, methods of analysis and synthesis. Results: it is claimed that the legal regulation of labor relations in the conditions of the legal regime of martial law has certain gaps, which requires additional research by the scientific community with the involvement of state bodies, lawyers and advocates. Discussion: the question of ineffective regulation of labor relations during the period of martial law in Ukraine was raised, ways of solving problematic issues in this sphere of legal relations were proposed.

MARRIAGE CONTRACT AS A REGULATOR OF PROPERTY RELATIONS BETWEEN SPOUSES

Alla Diduk — 2024-09-30

The purpose of this article is to study the status of regulation of relations related to the conclusion of a marriage contract in Ukraine and its practical implementation. To this end, the author analyses the concept of a marriage contract and its features, as well as differences from other civil law contractual structures. The author also examined the grounds for invalidation of a marriage contract and the legal consequences thereof. Research methods the study is general scientific and special methods of scientific knowledge. The use of these methods made it possible to analyse the marriage contract and the regulation of property relations of spouses through it. Results: a prenuptial agreement is designed to strengthen the family institution, allowing for a fuller consideration of the interests of each spouse, reducing the number of disputes and conflicts between them, and in the event of divorce and division of property, it can facilitate the dissolution of a marriage, i.e. resolve this issue in a civilised manner. Discussion: the question of the necessity and expediency of concluding a prenuptial agreement causes contradictory feelings. However, it should be borne in mind that this document is not drawn up in connection with the prospect of divorce (although it helps to resolve many issues much more painlessly). One of the most important functions of a prenuptial agreement is to help spouses avoid possible conflicts over property issues in advance, which, in turn, may lead to the need for divorce.

ON PROVIDING THE VOLUNTEER ASSISTANCE TO THE VULNERABLE GROUPS OF POPULATION IN THE SOCIAL SUPPORT SYSTEM

Andriy Kashytskyi — 2024-09-30

Purpose: to determine a place of the volunteer assistance to the vulnerable groups of population in the social support system. Research methods: formal and logical, dogmatic, comparative, systemic and structural methods were used. Results: it was concluded that volunteering plays an important role in the social support system, that consists in voluntarily assuming the obligations of the social service provider to persons/families who exist in difficult life circumstances. Discussion: the tense socio-economic situation, deterioration of the quality of life of the population, emergence of new risk groups in the context of war leads to the expansion of social support for the population, including through the strengthening of volunteer activities designed to complement the services provided by the state.

CONCEPTS AND SIGNS OF WORK ORGANIZATION AND LABOR RELATIONS

Serhiy Stadnichenko — 2024-09-30

Purpose: the aim of the article is to study the main aspects of labor organization and employment relations as key elements of modern enterprise management in a market economy. The research is focused on identifying the main characteristics and elements of these concepts, as well as analyzing their impact on the efficiency and sustainability of enterprises. Special attention is given to the legal, social, and economic aspects of employment relations, as well as the challenges arising from the implementation of new labor organization models in various socio-economic conditions. Research methods: a multidisciplinary approach is used, combining economic, legal, and social analysis. Methods of comparative analysis are employed to study various labor organization models adopted in different countries and their adaptation to local conditions. System analysis methods are also applied to examine the interconnection between labor organization and employment relations. The sources used include scientific publications, legal documents, and analytical reviews, allowing for a comprehensive approach to the topic under study. Results: the study revealed that effective labor organization includes a set of measures aimed at the rational use of labor force and production resources, such as labor division, standardization, motivation, and workplace organization. It contributes to the optimization of labor activities, increased productivity, and the achievement of strategic enterprise goals. It is also found that employment relations, as a specific type of legal relationship, are an important factor in ensuring the stability and fairness of the labor process. The analysis of the legal, social, and economic aspects of employment relations highlights their role in maintaining effective management of labor resources. Discussion: the article discusses the main challenges faced by managers when implementing new labor organization models, particularly in adapting foreign methods to local socio-economic conditions. It is determined that considering national characteristics and legislative requirements during the adaptation of methodologies is crucial, as neglecting these factors can lead to ineffective management decisions. The authors conclude that a comprehensive approach to labor management is necessary, which includes both effective organization of labor processes and proper regulation of employment relations to achieve high productivity, employee satisfaction, and sustainable enterprise development in a globalized world.

IMPACT OF INTERNATIONAL AGREEMENTS AND NEW STANDARDS IN THE FIELD OF AVIATION ON THE CONTRACTUAL REGULATION OF ECONOMIC RELATIONS OF AVIATION ENTITIES

Lіubov Netska — 2024-09-30

The purpose of the article is to reveal the peculiarities of the contractual regulation of economic relations of subjects of aviation activity under the influence of international agreements and new standards in the field of aviation. The study is aimed at identifying opportunities and challenges arising from the implementation of new regulatory requirements, as well as at developing recommendations for optimal adaptation strategies for aviation enterprises. Research methods: the methods of analysis and synthesis, comparative-legal, system-functional and logical-legal were used during the development of regulatory and legal acts and international agreements in the field of aviation. A systematic approach was also applied to study the impact of these documents on the contractual regulation of economic relations of aviation entities. The formal legal method helped in studying the content of legal definitions. Results: it has been proven that international agreements and new standards have a significant impact on the contractual regulation of economic relations in the field of aviation. The introduction of new requirements contributes to the improvement of flight safety, improvement of operational processes and improvement of interaction between airlines, airports and other subjects of aviation activity. The importance of regularly updating contracts to meet new requirements and avoid legal conflicts is emphasized. In general, the results indicate the need for close cooperation between national regulatory authorities and international organizations for the effective implementation of new standards. Discussion: harmonization of national regulations with international standards in the field of aviation is of primary importance. International agreements and standards contribute to the unification of the terms of contracts, establish clear rules regarding compensation to passengers in case of cancellation or delay of flights, loss or damage of luggage. The development of new types of aviation services, such as unmanned aviation systems, air taxis and space tourism, is influenced by international agreements and new standards, which also stimulate innovative services, providing the necessary legal regulation, in particular, contractual ones.

CONTRACTUAL SUPPORT FOR INVESTMENT ACTIVITIES

Iryna Timush — 2024-09-30

The purpose of the article is to formulate proposals for improving the legal regulation of contractual provision of investment activity and their content. Research methods: general scientific and legal methods of cognition were used, namely: dialectical, comparative analysis, system-functional, formal-legal; logical-legal. Results: it has been proven that a number of business contracts fall under the complex concept of an investment contract; participants in investment activities also conclude other derivative contracts; the main types of contracts used in investment activities are outlined; different types of business contracts in the field of investment are subject to unequal regulatory influence at the level of laws; the risks of investment contracts are partially eliminated by state guarantees; legal regulation of contractual relations in investment activity needs improvement in order to ensure the stability of the investment process and provide additional guarantees and incentives to the investor. It is proposed to legally guarantee the stability of tax and customs payments for subjects of investment contractual relations. At least, it is possible to foresee this at the legislative level for priority areas of investment. Discussion: expediency of distinguishing investment contracts from other investment contracts; legislative consolidation of qualifying features of investment contracts; for the maintenance of investment activities, contracts of various types and, in particular, mixed contracts may be used; legal regulation of contractual investment relations currently mainly concerns investment contracts of a public nature; if the state is a party to such contracts, then its dominant position is clearly observed, which indicates a deviation from the principle of equality of the parties.

LEGAL REGULATION OF ECONOMIC ACTIVITIES UNDER THE CONDITIONS OF MARITAL STATE: EXPERIENCE AND CHALLENGES

Svitlana Khomiachenko — 2024-09-30

The purpose: on the basis of the analysis of the novelties of the Ukrainian legislation regarding the legal regulation of economic activity in the conditions of martial law, identify the shortcomings and problems of such regulation and propose vectors for its improvement. Research methods: general scientific (dialectical, analysis, synthesis, statistical) and special research methods (formal-legal, logical-legal) were used. Results: the main legislative changes in the field of economic activity are outlined and analyzed. Legislative initiatives and measures of state bodies and the President of Ukraine aimed at regulating and improving the activities of business entities during martial law are revealed. The problems that hinder the development of entrepreneurial activity during the period of full-scale war have been identified. Proposals were made for their legal solution. Discussion: peculiarities of economic activity in the conditions of martial law; powers of the Council on business support; measures to support critically important enterprises; risks of business entities that provide services for the organization and conduct of gambling; expansion of economic activities for military units of the Armed Forces; simplification of defense procurement procedures; negative factors for the development of entrepreneurship and legal ways to eliminate them; continuation of the moratorium on the bankruptcy of state mines and operators of the electricity distribution system; introduction of new provisions to the Code of Ukraine on bankruptcy procedures, which prevent the bankruptcy of critical infrastructure operators.

THEORETICAL AND APPLIED PRINCIPLES OF COVERT INVESTIGATIVE (DETECTIVE) ACTIONS: GENESIS AND DEVELOPMENT PROSPECTS

Sofiia Lykhova — 2024-09-30

Review of the monograph of the candidate of legal sciences, professor of the Department of Criminal Law and Procedure of the National Aviation University Babikov Oleksandr Petrovych "Theoretical and applied principles of covert investigative (search) actions: genesis and development prospects."

The author notes that the peer-reviewed work provides a grounded and consistent rationale and statement of positions regarding the institution of covert investigative (search) actions.

The reviewer concludes that the monograph is a complete educational product prepared at a high scientific and educational-methodical level and will be useful for law enforcement officers, scientific and pedagogical workers and students of higher education.