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

LEGAL PRINCIPLES OF THE MECHANISM FOR PROTECTING HUMAN AND CITIZEN RIGHTS AND FREEDOMS

Oleg Boyko — 2024-12-30

Purpose: to conduct a study of the legal principles of the mechanism for ensuring human rights and freedoms. Research methods: analysis, synthesis, systematization, generalization, comparison. Results: the essence of the mechanism for ensuring rights and freedoms was clarified - it is a system of guarantees established by the relevant state authorities and non-state institutions, which are defined in national legislation and international standards, the legal principles were determined: the rule of law, legality, equality, humanism, legal certainty, good faith, proportionality. Special attention was paid to the legal principles of the mechanism for protecting human and citizen rights as a result of the introduction of the legal regime of martial law in Ukraine, large-scale war and mass violations of human rights. Discussion: in conditions of a full-scale war, it is important to adhere to the above-mentioned legal principles of the mechanism for ensuring the rights of citizens, and the quality and efficiency of the activities of both state authorities and the non-state sector must be increased. In Ukraine, there is a system of bodies and officials at various levels that protect the rights and freedoms of man and citizen: the President of Ukraine, the Verkhovna Rada of Ukraine, local state administrations, a system of courts of general jurisdiction and specialized courts, the Constitutional Court of Ukraine, the Commissioner of the Verkhovna Rada of Ukraine for Human Rights, the prosecutor’s office, the bar, notaries, etc. Further development of ensuring the rights and freedoms of citizens is inextricably linked with improving the quality and efficiency of the entire system of state bodies and non-state institutions, which must adhere to the above-mentioned legal principles in their activities.

REALIZATION OF THE RIGHT TO PENSION PROVISION FOR FORMER MILITARY AND LAW ENFORCEMENT OFFICERS: ISSUES OF THEORY AND PRACTICE

Olena Makeieva — 2024-12-30

Purpose: to study the theoretical and practical problems of realization of the right to pension provision for former military personnel and retired law enforcement officers. Research methods: general scientific methods: induction, deduction, documentary analysis, synthesis, comparative analysis, generalization. Results: the article analyzes the legislation regulating pensions for former military personnel and retired law enforcement officers, identifies the regulatory procedure for recalculation of pensions, changes that will guarantee the execution of a court decision by the authorized bodies, and reveals the procedure for restoring the violated right in court. Discussion: the author points to the inaction of the authorized body; and notes that despite the existence of a clear regulatory procedure for the recalculation of pensions, the authorized bodies do not fulfill their obligations; despite the positive case law, plaintiffs are forced to prove their right to pension benefits. The problem of adequate pension provision in Ukraine is relevant, as it includes all categories of people. However, among all categories, we believe the most problematic is the pension provision for former military personnel and retired law enforcement officers. Despite the existence of a clear regulatory procedure for the recalculation of pensions, the authorized bodies do not fulfill their obligations. This leads to the need to defend the rights guaranteed by the Constitution of Ukraine in court. Despite the positive case law, plaintiffs are forced to take active steps to ensure that the Pension Fund of Ukraine begins to comply with the court decision.

POLITICAL MASS EVENTS AND THEIR INFLUENCE ON THE FORMATION OF LEGAL NORMS IN SOCIETY

Roman Svystovych — 2024-12-30

The purpose of the article is to substantiate the impact of mass political events on changes in legislation and changes in the socio-political life of individual countries, as well as Ukraine. Results: it was established that political mass events actively influence changes in legal norms in society and the formation of new ones. At the same time, individual political mass events not only influence changes in political life, but in some cases contribute to the restructuring of most legal norms. This is due to the fact that during mass events they can involve large groups of the population, which in the future no longer allow the restoration of old political norms and institutions. It is substantiated that along with changes in legal norms, changes in the system of state administration bodies, as well as in the system of local self-government bodies, occur in the vast majority. In the vast majority, political mass events entail revolutionary transformations, which in the future contribute to the formation of new political parties and public movements. It is determined that political mass events should be understood as the form of functioning of the political system of society, which characterizes its changes in space and time; sequence of political events; a set of political subjects that ensures the functioning and development of political power and legislation in the country as a whole. Discussion: quite often mass events turn into a confrontation between participants in mass events and the authorities, and such a confrontation leads to victims both among participants in mass political events and among law enforcement officers who carry out orders to stop such mass events. A vivid example in this case is the Revolution of Dignity in Ukraine. At the same time, after that, not only legal norms have radically changed in Ukraine, but also the system of power and most of the norms of legislation that regulate the activities of law enforcement agencies have changed to a certain extent.

CONCEPT AND FUNCTIONS OF ADMINISTRATIVE AND LEGAL PROVISION OF SPECIAL LEGAL REGIMES IN UKRAINE

Volodymyr Tsytsіura — 2024-12-30

The purpose of the article is to examine the existing scientific approaches to understanding the concepts of «administrative and legal provision» and «legal provision», and to analyze the functions of administrative and legal provision of special legal regimes in Ukraine. The methodological basis of the study is formed by the works of scholars (domestic and foreign) who have studied, are studying and researching the issues of administrative and legal provision in various fields and areas of science, including the issues of administrative and legal provision during the period of martial law and the state of emergency. In the course of the study, the author used general scientific and special legal methods of cognition, with the help of which the existing scientific approaches to the concepts of «provision» and «legal provision» were investigated, as well as their impact on the formation of issues related to administrative and legal provision of special legal regimes. In addition, the study used the dialectical method of cognition, which made it possible to determine the qualitative characteristics of the phenomenon under study. Using the comparative legal method, the author analyzes various functions of special legal regimes and their impact on the regulation of special legal regimes at the national level. Results: based on theoretical developments regarding the understanding of the concepts of «provision» and «legal provision», the author analyzes the administrative and legal provision of special legal regimes and provides their general characteristics; the author also analyzes the functions of special legal regimes; it is noted that the issue of special legal regimes requires in-depth research from the point of view of administrative and legal science, and it is also indicated that in the context of military aggression of the russian federation against Ukraine, a deeper study of one of the types of special legal regimes in Ukraine - the legal regime of martial law - is required, which can be carried out taking into account the experience of prolonged military operations and, accordingly, the experience of the leading countries of the world on this issue. Discussion: in the course of the study, it was established that in today’s conditions, during the period of russia’s military invasion to Ukraine, there is a need to study and research in the understanding of administrative and legal science issues related to special legal regimes, as well as an in-depth study of the functions used to maintain and function of society in extreme (non-standard) conditions (during war, armed conflicts, emergencies, etc.), and also concludes that the peculiarities of administrative and legal provision of special legal regimes require further research in order to take into account the practical implementation of the measures of the martial law regime in the context of the armed aggression of the russian federation against Ukraine.

COMPARATIVE LEGAL ANALYSIS OF ADVOCACY ACTIVITIES IN UKRAINE AND THE LEADING COUNTRIES OF EUROPE

Victoria Cherevatiuk — 2024-12-30

The purpose of the research is a comparative analysis of the organizational and legal foundations of the functioning of the advocacy in the leading countries of Europe and in Ukraine in order to clarify the possibilities of implementing positive experience during the reform of the institute of the national advocacy. Research methods: to achieve the specified goal, general and special scientific (special) methods were used. The research uses a comparative legal method, which is rightly considered one of the most important scientific means of studying advocacy, especially in the context of studying and using European legal experience at the current stage of the reform of the advocacy. Results: the study of the advocacy in European countries made it possible to identify similarities and differences in the organization and functioning of the institute of the advocacy, as well as the influence of historical, social and legal factors on the formation of modern advocacy systems. In this context, special attention is paid to the analysis of such aspects as the structure of the advocacy, the requirements for the profession of a lawyer, the principles of the independence of the advocacy, as well as its role in protecting the rights of citizens. Discussion: the advocacy is one of the key institutions of the legal system, which ensures the protection of the rights and freedoms of citizens, promotes the implementation of justice and the rule of law. In Ukraine, the institute of advocacy has undergone a significant transformation, which is part of the general process of reforming the legal system. However, in order to fully understand the prospects for its development and increase its effectiveness, it is necessary to refer to a comparative legal analysis of advocacy in countries with developed legal systems, in particular in Great Britain, Germany, France and Poland. For Ukraine, which is in the process of European integration reforms, it is important to take into account the experience of lawyers in European countries and its possible implementation in the practice of law. Ukraine, like other states, has its own peculiarities in the practice of law, determined by national legislation, the level of development of democracy, the peculiarities of the judicial system and state authorities. To improve the prospects for the development of the institute of advocacy in Ukraine, it is important to study international documents and the experience of other countries.

REASONABLE TIME LIMITS FOR CIVIL PROCEEDINGS AS A GUARANTEE OF HUMAN RIGHTS PROTECTION

Victoria Shvachka — 2024-12-30

Purpose: to study the main aspects of realization of the individual’s right to access to justice by ensuring a prompt and efficient trial of civil cases; to analyze the content of the concept of “reasonable time”; to find out the main reasons for the excessive duration of the trial and to identify the main ways to resolve them. Research methods: in the course of preparing this article, the author used a system of philosophical, general scientific and special methods. In particular, to study the case-law of the European Court of Human Rights on defining the content of the concept of “reasonable time”, to clarify the degree of its certainty and to consolidate it at the level of national legislation, the author used the systematic and comparative legal methods of scientific research. The statistical and structural-systemic methods allowed the author to identify and systematize the main reasons for the excessive duration of court proceedings. Results: it was found that the main unresolved issues today are understaffing of the judiciary, turnover of support staff, low level of organizational and material support of judicial institutions, disconnection of judicial institutions from electricity supply, which results in the actual suspension of their activities. Discussion: the state must create all conditions for a citizen to have full access to justice in order to protect his or her violated or disputed right and to restore it quickly and effectively. Failure of courts to comply with reasonable time limits for consideration of civil cases leads to a violation of the constitutional right to judicial protection and Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which is unacceptable in the context of the European development of the national legal system of Ukraine.

SHORTCOMINGS IN THE METHODOLOGY FOR INVESTIGATING OFFENSES RELATED TO HIGH TREASON AND COLLABORATION IN UNCONTROLLED TERRITORIES

Olena Bondarenko — 2024-12-30

Purpose: the purpose of this article is to investigate and analyze the shortcomings of the methodology for investigating offenses related to high treason and collaboration in the uncontrolled territories. Research methods: the following methods were used in the course of the work, namely: information and analytical, which analyzed the public activities of persons suspected of collaboration, as well as events taking place in the occupied territories to identify patterns and factors indicating their involvement. These include psychological methods - the study of social conditions under which individuals may begin to cooperate with the aggressor, technical methods, including the analysis of digital evidence, and others. Results: this article focuses on clarifying such concepts as collaboration, high treason, which is currently one of the most pressing problems of our country, as well as counteracting this negative offense. The author also examines the shortcomings of the methodology for investigating these offenses.

Investigation of offenses related to treason and collaboration in uncontrolled territories is one of the most difficult and painful topics in law enforcement, especially in the context of modern geopolitical conflicts. Ukraine, as a country that has become a victim of aggression and occupation of part of its territory, is no exception, so collaboration and treason during the war are one of the main threats to national security and violation of international norms. And this is not only a moral but also a legal problem today, which poses numerous challenges to law enforcement agencies and the judiciary. These challenges include the complexity of the evidence base, the need to adapt legislation to new realities, and pressure from the public, which has high expectations of the effectiveness of the fight against collaboration and treason. It is also worth noting that the investigation of such offenses often faces difficult legal and practical problems. This is especially true in the territories controlled by the occupation forces or that have suffered significant damage as a result of hostilities. And in a time of war, it is impossible to conduct standard investigative actions such as searches and interrogations, which greatly complicates the investigation of these offenses. Discussion: the difficulties and shortcomings in the fight against collaboration and treason, especially in the context of war and occupation, are analyzed. Attention is paid to the problems of collaborationism in Ukraine, in particular in the occupied territories, where it has many aspects: moral, legal and social, because it is not only an offense against the state, but also a deep social problem that leads to the division of society, destroys trust in the government and undermines state sovereignty.

DIGITAL FORENSICS IN MARTIAL LAW

Natalia Holdberh — 2024-12-30

The purpose of the article is to study a new area of forensics - digital forensics. Research methods: the article uses the hermeneutic method, the method of classification, logical methods (analysis, synthesis, induction, deduction, generalization, etc.), and the method of systematization. Results: the article explores a new branch of forensics, namely digital forensics. Digital forensics is becoming increasingly important and is becoming one of the main components of traditional forensics. Knowledge of digital forensics is used in many investigative actions and in the process of appointing relevant forensic examinations not only in relation to offenses in the field of information technology, but also in the investigation of a wide range of crimes committed during the war and occupation. Discussion: the author analyzes the views of leading scholars on the concept of digital forensics in the system of forensic science. The author assesses the trends in the development of digital forensics at the present stage and predicts the further development of this area in Ukraine, and conducts a legal analysis of the use of digital forensics. The existing model of forensic science in Ukraine urgently requires the formation of a separate branch of forensic technology, which includes means and methods of digital evidence investigation. The article also examines the peculiarities of digital forensics application under martial law. In particular, new challenges and opportunities arising from the active use of digital technologies in modern conflicts are analyzed.

TOPICAL ISSUES OF CRIMINAL LIABILITY FOR UNLAWFUL DEPRIVATION OF LIBERTY OR ABDUCTION OF A PERSON (ARTICLE 146 OF THE CRIMINAL CODE OF UKRAINE)

Sofiia Lykhova — 2024-12-30

Purpose: criminal law characteristics of the legal elements of the crime provided for in the disposition of Article 146 of the Criminal Code of Ukraine. Methods: the study was conducted using a dialectical approach, methods of analysis, synthesis, as well as a number of general scientific and special legal research methods. Results: the author comes to the conclusion that Article 146 of the Criminal Code of Ukraine provides for criminal liability for a crime committed in two forms: illegal deprivation of liberty and kidnapping. And although their legal elements are provided for in the dispositions of the same article and they are the same in terms of the degree of public danger, each of these forms of crime has its own characteristics and certain qualifying features may be applied only to one of these two forms. The peculiarity of this crime is that its composition is formal, and the crime itself is ongoing. Although in some cases, the moment of the beginning and end of the crime coincide in time. Particular attention is paid to the study of the content of aggravating features provided for in Parts 2 and 3 of Article 146 of the Criminal Code of Ukraine. Discussion: the wording of the qualifying features of the legal elements of the crime provided for in the disposition of Article 146 of the CC of Ukraine was made in violation of the logic of the legislative perception of their real meaning and purpose: "method dangerous to the life or health of the victim", "causing physical suffering to the victim", "use of weapons". Even without going into details, one can see the existence of dissonance in their coexistence from the perspective of the ratio of their volume and content, since it is obvious that they are overlapping, that some features are reproduced by others.

CONFIDENTIALITY AS A FUNDAMENTAL PRINCIPLE OF LAWYERS’ ACTIVITIES

Iryna Litvinova — 2024-12-30

The purpose of the article is to study confidentiality as a fundamental principle of a lawyer’s activities, as well as the ability of lawyers to use electronic technologies and artificial intelligence when providing legal assistance to their clients in order to comply with the principles of confidentiality in legal activities. Research methods: general scientific and special methods of scientific knowledge were used, the use of which made it possible to describe the principle of confidentiality in the practical activities of lawyers. Results: the research shows that in cases where artificial intelligence functions are used when providing legal assistance, it is recommended to provide a separate provision in the contract on whether the client allows the lawyer to use artificial intelligence technologies when providing legal assistance, and to what extent. However, in order to comply with the principle of confidentiality in legal activities, not only the defense attorney, but also the client must ensure non-disclosure of information to other users when using information technologies. Discussion: a feature of the legal profession is that lawyers receive information from their clients that they should not disclose to other persons under any circumstances or that they are obliged to keep secret. The client’s trust in the lawyer arises only if the lawyer observes the principle of confidentiality. The principle of confidentiality in legal practice is directly enshrined in Ukrainian legislation and is fundamental. Digital technologies and artificial intelligence have a direct impact on the behavior of lawyers and their clients, as well as on the effectiveness of their response to the needs of clients under legal aid contracts. The Internet provides instant access to all information and offers opportunities for rapid exchange of information. However, there are also risks, such as unauthorized use of personal data and loss of monopoly on information ownership.

HUMAN RIGHTS IN CRIMINAL PROCEEDINGS: CONCEPTUAL BASE AND LEGAL REGULATION

Serhii Tarasiuk — 2024-12-30

The purpose of the article is to study the essence of human rights and to analyse the legal mechanisms for their enforcement in criminal proceedings, taking into account current challenges and international human rights standards. Research methods: to achieve this goal, the author used general scientific and special methods, in particular: methods of formal logic, comparative legal, systemic and structural, historical, formal legal methods, etc. Results: the article analyses the content of the concept of «human rights», identifies the main scientific approaches to understanding this concept, and highlights the legal nature of human rights, the problems affecting human rights and freedoms in connection with military aggression against Ukraine, and the specifics of human rights implementation in criminal proceedings. The author distinguishes scientific and doctrinal approaches to understanding the nature of human rights in criminal proceedings, focuses on the liberal and socio-legal approaches to human rights in criminal proceedings, and establishes that such constitutional human rights as the right to respect for dignity, the right to liberty and security of person, inviolability of the home, and the right to own, use and dispose of property are fundamental elements of the legal system which play a particularly important role in criminal proceedings, and therefore they should be. The author proves the need for a deeper understanding of the relationship between human rights, their realization and protection in criminal proceedings, as well as the need to develop scientific approaches to improving criminal procedure legislation in accordance with international human rights standards. The author emphasizes the importance of ensuring procedural guarantees in criminal proceedings, as well as the need to improve legal regulation to prevent arbitrary restrictions on the rights of participants to criminal proceedings.

ACCREDITATION OF THE EDUCATIONAL PROGRAM OF A HIGHER EDUCATION INSTITUTION AS AN ADMINISTRATIVE PROCEDURE

Mykola Legenkyi — 2024-12-30

Purpose: to analyze the scientific-theoretical, methodological-organizational and regulatory support for the accreditation of an educational program of a higher education institution as an administrative procedure. Research methods: comparative, analytical-synthetic, comparativist, generalization and systematization. Results: the relevance of the accreditation of an educational program of a higher education institution as a significant factor in ensuring the quality of educational services and the quality of education in general is substantiated, an analysis and generalization of international experience in ensuring quality through the use of accreditation procedures is carried out, accreditation is studied in the status of an administrative procedure, which requires additional scientific and legislative support. Discussion: it was found that studies of the regulatory and legal regulation of the accreditation procedure in higher education in other countries indicate a strong experience gained in this direction, which is characterized by unity in confirming the high relevance of accreditation procedures and general approaches to their implementation, which are characterized by the ramifications of the system of entities providing accreditation services and certain differences in its time dimension and purpose. It was determined that the main features of the administrative procedure, which include normalization, publicity and subjectivity, phasing and sequence of actions, as well as the adoption of authoritative management decisions through the exercise of the powers of officials, can be fully attributed to the accreditation of educational programs. It was proven that the studies of administrative scientists substantiate the status of accreditation of educational programs as an administrative procedure that has a dispositive nature and is used as a tool of public administration of higher education provision. At the same time, the normalization of the above-mentioned status requires additional scientific and legislative support and careful development of the procedure for its implementation.

REMOTE WORK AS A FORM OF LABOUR ORGANISATION UNDER MARTIAL LAW

Svitlana Vyshnovetska — 2024-12-30

Purpose: to identify the features of remote work as a temporary form of labour organisation under martial law. Research methods: documentary analysis and synthesis, cognitive and analytical methods, as well as methods of systematisation and generalisation. Results: the features of remote work as a form of labour organisation under martial law are determined. Discussion: the authors advocate a position that application of the remote form of labour organisation under martial law is the right, not the obligation of the employer, which independently determines the most favourable conditions for carrying out its business activity. The employee could insist on application of such form of labour organisation for him or her if it is possible depending on the performed work and if the employer has the appropriate resources and means for this. In determining the reasonable balance between the interests of the employer and the employee, the Supreme Court proceeds from the fact that the employer’s right to apply objective and reasonable changes in the organisation of production and labour of the enterprise prevails over the private interests of the employee.

The remote work applied under martial law involves the temporary performance of the labour function of the employee working under a regular employment agreement outside a stationary workplace. In this case, the employee is a subject to the internal labour regulations and works within the working hours established by these regulations.

Under martial law the remote work as a temporary form of labour organisation has its own peculiarities, which are shown, in particular, in a procedure and the conditions of its application. There are peculiarities of introducing this form of labour organisation for certain categories of the employees. For example, the civil servants and the employees of state bodies could work remotely during martial law by decision of their management only on the territory of Ukraine. The work of these persons outside Ukraine is allowed only in the case of a business trip, which is formalised in accordance with the established procedure.

DIGITAL INNOVATIONS IN FAMILY LAW OF UKRAINE: LEGAL ANALYSIS OF THE FUNCTIONALITY OF THE PLATFORM “DIIA” AND ITS IMPACT ON THE EVOLUTION OF THE INSTITUTE OF FAMILY LEGAL RELATIONS

Alla Diduk — 2024-12-30

Objective: to determine the impact of digitalization on the development of family law relations in Ukraine by analyzing the innovations of the Diia application as a modern tool for digital transformation in the field of public services. To identify the advantages, challenges and prospects of using such digital technologies to simplify and improve legal relations in the field of family law. To explore the regulatory framework for the implementation of the transformation processes of the Diia platform. Research methods: Analysis and synthesis, comparative legal method, sociological method, empirical and prognostic methods. Results: a detailed overview of the functionality of the Diia platform in the field of family law. Identification of the benefits of digitalization in simplifying procedures and improving citizens’ access to services compared to traditional methods. Establishing the need to improve family law and other regulations to legitimize digital transformation processes. Discussion: the impact of innovative digital services on family law, in particular on legal relations between citizens and the State, the benefits and challenges associated with the introduction of digital tools in the field of family law, the prospects for using the latest technologies for further modernization of family law.

THE PERSONAL NON-PROPRIETARY LABOUR RIGHTS: A CONCEPT, THE FEATURES AND A CLASSIFICATION

Khrystyna Kmetyk — 2024-12-30

The purpose of the article is to define a concept, the features, a classification of the personal non-proprietary labour rights in Ukraine. Research methods: the methods of comparative and documentary analysis, documentary synthesis and generalization and the cognitive-analytical method are used. Results: the authors provide a definition of a concept of the personal non-proprietary labour rights, characterizes their features and makes a classification of the mentioned rights. In addition, the authors emphasise a need for the further scientific substantiation of the possibility of independent regulation and protection of the personal non-proprietary labour rights of the employees by the labour law means and methods. Discussion: the point of views of the well-known scientists in the field of labour law of Ukraine concerning definition of a concept, the features and a classification of the personal non-proprietary labour rights were reviewed and analysed in the article.

CURRENT PROBLEMS OF EMPLOYMENT OF SOCIALLY VULNERABLE SEGMENTS OF THE POPULATION: THEORETICAL AND LEGAL ASPECT

Serhii Stadnichenko — 2024-12-30

Purpose: to consider the features of employment of persons with disabilities and persons with reduced working capacity. It is emphasized that the employment of these categories of citizens is an important aspect of their socio-economic integration. The article defines the basic rights of persons with disabilities and persons with limited working capacity in the labor sphere, as well as the features of employment of this category of citizens. The article also considers measures that can contribute to increasing the level of employment of persons with disabilities and persons with reduced working capacity. To investigate the current state of social reforms and their impact on social security in Ukraine, in particular, deserving attention to European social standards as potential guidelines for the latest model of sources of social security law. Research methods: the study is based on the analysis of modern research in the field of social reforms and uses methods of evaluation and comparative analysis. European experience and practice are studied as key components for understanding the optimal ways to improve social protection. Results: the study revealed the need for further study and implementation of European social standards to address the problems of efficiency, accessibility and inclusiveness of the Ukrainian social protection system. Analysis of current trends in social reforms provides important guidelines for further improvement. Discussion: the purpose of the discussion is to identify specific measures to improve social protection in Ukraine based on European standards. The need for deeper study and adaptation of best practices to increase the efficiency and inclusiveness of the system is noted. This article is distinguished by its focus on the practical application of European experience in the context of Ukrainian social reforms, creating a basis for further discussions and improving the social security sector in Ukraine.

The conclusion of the article is that the employment of persons with disabilities and persons with reduced working capacity is an important task of society. To solve it, it is necessary to ensure compliance with the rights of this category of citizens in the labor sphere, as well as to develop and implement effective measures for their employment.

HUMAN SPACEFLIGHT: U.S. NATIONAL LEGISLATIONS AND REGULATIONS AS SPACE SHERPAS PAVING THE PATH

Álvaro Andrés Erices Bravo — 2024-12-30

Purpose: in the ‘New Space Age’ of the 21st century, there is a hybridization of space activities in which new objects and subjects of law are created outside the classical UN outer space institutions. This paper exposes this phenomenon through the study of the ‘space sherpas’, i.e., the U.S. national space legislations and regulations that are paving the path to a new stage in commercial human spaceflight activities. In addition, the investigation holds that UNISPACE IV, to be celebrated in 2027, is an excellent opportunity to address this topic, although it was not considered in ‘Action 56’ of the Pact for the Future, released by UNGA79. Research methods: study of specialized bibliography, international and national legislations and regulations, observation methods and analysis of human spaceflight information. Results: participation of the private sector as owner and operator of space missions is essential for the growth of a thriving space industry in the U.S. and all over the world. Without having previously established a boundary between airspace and outer space, successful missions such as Polaris Dawn, led by ‘private astronaut’ Jared Isaacman, who accomplished the first private spacewalk, prove that commercial development of outer space does not depend exclusively on that historic and still unresolved debate. If an international interpretation of these commercial space activities is not built by means of an international instrument, the trend will be for each country to establish its own terms and definitions regarding human spaceflight and having the ‘space sherpas’ as a model. Discussion: what is a ‘private astronaut’? Do they seek ‘the benefit of all mankind’ as established in Article I of the 1967 Outer Space Treaty? Are they ‘envoys of mankind’ as Article V OST says? Is the functionalist approach winning the upper hand over the spatialist standpoint?

PUBLIC-PRIVATE PARTNERSHIP IN THE FIELD OF CIVIL AVIATION

Lіubov Netska — 2024-12-30

The purpose of the article is to outline the ways of development of public-private partnership in the field of civil aviation and to formulate proposals for improving the relevant legislation of Ukraine. Research methods: the methods of analysis and synthesis, comparative-legal, systemic-functional and logical-legal were used for the interpretation of normative and legal acts, the study of approaches to legislative regulation and examples of public-private partnership in Ukraine and other countries. Results: the forms of public-private partnership were analyzed and the further expediency of using the concession as the most effective among them for the aviation industry was proven. It was noted the need for changes to the legislation on public-private partnership, in particular the expansion of the spheres of public-private partnership and the definition of the list of objects in the field of aviation for which the use of public-private partnership is possible, implementing the principle of freedom of contract within the framework of public-private partnership, increasing the rights of the investor (private partner), providing state guarantees for the payback of public-private partnership projects, improving the Law of Ukraine «On Concession». Discussion: the need to expand the range of state partners, namely involvement in public-private partnerships as independent state partners of state/municipal enterprises, business associations, institutions; changing the ownership structure of airports and the necessary legislative changes in favor of private partners in terms of their acquisition of ownership rights to objects built within the framework of public-private partnership; feasibility of developing and adopting a separate law on public-private partnership in the field of civil aviation.

MILITARIZATION OF SPACE AS A LEGAL CHALLENGE

Iryna Timush — 2024-12-30

The purpose of the article is to identify the gaps and shortcomings of international space law, which create opportunities and support for the militarization of space, and to formulate proposals on ways to improve the legal mechanisms for ensuring the peaceful use of space. In accordance with the set goal, the following main tasks have been defined: to analyze the main international treaties and agreements regulating the issue of space militarization; identify legal issues related to the use of outer space for military purposes. Research methods: general scientific (dialectical, analysis and synthesis, system-functional) and special legal methods (logical-legal, formal-legal, comparative-legal) were used. Results: the problem of the militarization of outer space is considered as a key legal challenge of modern times. It was emphasized that international documents in the outlined area only partially regulate the issue of using outer space for military purposes, leaving significant gaps that make it difficult to preserve its peaceful character. The main legal problems that contribute to the militarization of space are identified, in particular: the lack of clear control mechanisms for the arms race, insufficient regulation of the use of dual-use technologies, the difficulty of applying international humanitarian law to outer space, as well as the limitation of responsibility for possible military incidents in space. Modern threats related to the placement of weapons in orbit, the possibilities of attacks on space infrastructure and its impact on global security are analyzed. Ways to overcome these challenges are proposed through the development of new international legal norms and mechanisms aimed at the demilitarization of certain areas of space, the expansion of control over the activities of private space companies, as well as the adaptation of the principles of international humanitarian law to the space sphere. Discussion: the rapid development of space technologies, the growth of the number of space states and the activation of the private sector lead to the transformation of space into a strategic arena for ensuring national security. It is necessary to update the legal approach to the use of outer space, taking into account modern technological, political and security challenges. The importance of the international community in maintaining stability and security in outer space.

EFFECTIVENESS OF INTERNATIONAL LEGAL SANCTIONS IN THE FIELD OF CIVIL AVIATION AGAINST THE AGGRESSOR STATE

Liudmyla Chulinda — 2024-12-30

The purpose of the study is to analyze the implementation of international legal sanctions in the field of civil aviation, to find ways to increase the effectiveness of this tool in the context of deterring the aggressor state and correcting its policy. Research methods: in particular, comparative and systematic methods were used to clarify the essence and effectiveness of international legal sanctions, taking into account the huge losses from the full-scale invasion of the Russian Federation on the territory of sovereign Ukraine. Results: it was established that international legal sanctions in the field of civil aviation are aimed at stopping an international offense in order to put pressure on the offending state; it is claimed that joining the international community to their application at the stage of military aggression of the Russian Federation requires a rethinking of the complex of legal relations regarding the adoption and implementation of coercive measures by the UN Security Council and other specialized international organizations; the meaning of international legal sanctions in the field of civil aviation against the aggressor state is determined. Discussion: if a country violates international norms and refuses to fulfill its obligations and take responsibility, it is appropriate to apply sanctions to such a country; sanctions are a tool of long-term action, they can have the maximum political and economic effect after a certain time after their introduction. Conclusion: international legal sanctions are a necessary tool for maintaining justice, restoring the previous state of international relations that existed before the violation of international law based on the principle the rule of international law and the restoration of security and peace.

LEGAL ASPECTS OF REGISTRATION AS A MEANS OF PUBLIC ADMINISTRATION IN THE FIELD OF GENERAL SECONDARY EDUCATION

Iryna Zhukova — 2024-12-30

The purpose of the article is to study the legal aspects of registration as a means of public administration in the field of general secondary education by forming key challenges facing the state process in maintaining the appropriate quality of education for general secondary education applicants. Results: determines that in modern conditions, the registration procedure as a means of public administration in the field of general secondary education ensures transparency, openness and efficiency of management processes in this field. It has been proven that the key purpose of the registration procedure of institutions of general secondary education can be considered to be the control and supervision of the activities of institutions of general secondary education, the direction and coordination of the national education system (including the field of general secondary education as a systemic element of the educational space) and guaranteeing the provision of quality educational services in institutions general secondary education.

It is noted that with the help of the registration procedure as a means of public administration in the field of general secondary education, the state is able to make sound management decisions regarding institutions of general secondary education. At the same time, indicators of the potential of scientific and pedagogical workers and the educational policy implemented by a certain educational institution are taken into account.

It is substantiated that the registration procedure belongs to the process of granting legal permission for the activities of educational institutions, as well as to the process of checking the competence of applicants and providers of educational services, which is evidence of the complex nature of the said process. Registration as a means of public administration in the field of general secondary education, therefore, aims at the sectoral development of the specified field with an emphasis on improving the competence of its participants.

It has been analyzed that from a legal point of view, at the same time, under such conditions, the context of the combination of goals for each of the specified segments remains unclear: general (general secondary education as a regulatory and administrative construct) and special (providers and recipients of educational services in the field of general secondary education). Discussion: it would be expedient to consider the phenomenon of the registration procedure as a means of public administration in the field of general secondary education, first of all, from the position of directing and coordinating with its help other branches related to this process, which are its constituent parts (scientific and pedagogical employees, recipients of educational services).

DIGITIZATION OF VAT – E-INVOICING AND CLEARANCE SYSTEM AS A MODEL

Oleksandr Zaiets — 2024-12-30

The purpose of the article is to study the features of the European experience in using electronic invoices, regarding the electronic administration of value added tax and the practical implementation of electronic invoices in Ukraine. From January 1, 2019, the European Union (Italy) introduced the requirement for electronic invoicing. Companies must create electronic invoices for B2G, B2B and B2C sales and send them to the invoice recipient in a defined XML format through a central platform. This allows the tax authorities to exercise control, which significantly reduced the VAT gap in the first few months after its introduction. Research methods: the study is based on general scientific methods as well as specific legal methods, with the help of which various scientific positions and doctrinal approaches to the development of ideas regarding understanding the concept and essence of legal fictions, as well as their significance in legal sphere, have been analyzed. Results: Ukraine still lags behind in using such digital opportunities. In order to combat fraud and reduce compliance costs for companies, the introduction of mandatory and largely standardized electronic invoicing with a central transmission platform should be considered. This is especially true for B2B sales. In addition, the complex standardized exchange of invoices creates huge opportunities for automating processes in the field of accounting. Discussion: the inclusion of B2C transactions should be analyzed in more detail. In any case, attention should be paid to (at least) nationwide implementation, which should be well prepared and early involvement of all involved actors. Ukraine must decide how it wants to respond to this development. Given the pioneering role of the EU. It turns out that the Italian registration procedure with mandatory electronic invoicing sets the course for digital VAT and can therefore be used as a blueprint for a possible Ukrainian system. The article describes the legal history of the origin of the Italian system and explains its functionality in more detail. It covers the creation of bound companies and shows how you can create, send and receive e-invoices. The Italian experience is examined for its transferability to Ukraine: what opportunities and risks exist for the administration and companies after implementation and what points are relevant after implementation.

«ADMINISTRATIVE ACTIVITY»: ESSENCE, CONTENT AND MEANING IN THE SUBJECT OF ADMINISTRATIVE LAW

Yuriy Kunev — 2024-12-30

The purpose of the article: determine the essence, content and meaning in the subject of administrative law of such an administrative-legal concept as «administrative activity». Research methods: systematic analysis and synthesis, doctrinal knowledge of the theory of administrative law; methods of dialectical and formal logic made it possible to formulate and clarify the main concepts of administrative activity, as well as a method of generalization and modeling of new theoretical knowledge. Results: identified problems of further development of the concept and system of administrative activity. A system of activities, components of the public administration system, is presented. Policy in the administrative sphere is formalized in the norms of administrative legislation and is implemented in administrative activity, primarily as an activity of legal interaction between subjects of private and public law. The application of the concept of «administrative activity» creates a unity of approach to its legal regulation by the norms of substantive and formal administrative law. The foreign experience and approach to the development of the public administration system is based on the foundation of a clearly verified and stable legal system, which ensures the rights and legitimate interests of citizens at the minimum necessary level by legal means. The introduction of the concept of «public administration», which absorbs the concept of «administrative activity» in the theory of administrative law of Ukraine, takes place unsystematically, in the absence of an understanding of its meaning, content and place in the system of administrative and legal concepts. Discussion: the proposition that the legal component of public administration is characterized by the basic concepts of «administrative law», «administrative activity», «administrative legislation» is argued. A definition of the concepts «administrative activity» and «public-administrative activity» is proposed.

FOREIGN EXPERIENCE IN REGULATING ADMINISTRATIVE PROCEDURE AS A TOOL FOR ENSURING THE ACTIVITIES OF LOCAL GOVERNMENT BODIES

Oleksandr Malysh — 2024-12-30

The purpose of the article is to study the foreign experience of regulation of administrative procedure as a tool for ensuring the activities of local self-government bodies. 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 future political stability of our state, as well as the effective functioning of local self-government bodies, largely depends on the optimal introduction and implementation of the administrative procedure as a tool for ensuring the activities of local self-government bodies, the purposeof which is to guarantee a reliable and effective mechanism for making administrative decisions on the rights and interests of citizens. The main function of the administrative procedure as a tool for ensuring the activities of local self-government bodies is to ensure the effective and efficient implementation and application of the law in the public interest. Discussion: achieving a new quality of local self-government is impossible without fundamental changes in approaches to understanding the institutional and procedural foundations of political and administrative processes of local democracy at the level of local self-government. Therefore, there is no doubt that the main prerequisite for the democratic development of any country is the formation and successful development of the institution of local self-government.

At the same time, the practice of reforms in the vast majority of countries at the turn of the 20th and 21st centuries has clearly shown that without the creation of a strong state, this goal is practically unattainable, and in such a situation, the task of identifying the essential characteristics of local self-government and studying the main components of its successful development by borrowing positive foreign experience in this area becomes fundamentally important and urgent.

It should be emphasized that the issues of local self-government are more relevant than ever at the present stage. Ukraine’s transition to a new model of local self-government and the departure from the one that developed during the Soviet Union requires close attention and detailed study, since the largely unsystematic, ill-conceived and theoretically unjustified practice of reforming the administrative-territorial organization of society in the post-Soviet period has led to obvious negative consequences. An important factor for the development of self-government institutions is the process of globalization, which significantly changes socio-political relations, changes the principles of interaction between territorial communities, political organizations, and local self-government bodies. In order to effectively exercise the powers of local self-government at the local level, it is important to have a comprehensive tool: experience in regulating the administrative procedure as a tool for ensuring the activities of local self-government bodies.

PROBLEM ISSUES OF MILITARY SERVICE IN THE CONTEXT OF IMPLEMENTING THE CONSTITUTIONAL DUTY TO DEFEND THE HOMELAND

Ivan Piskun — 2024-12-30

The purpose: to analyze the current state of administrative and legal regulation of some issues of military service in Ukraine. To investigate the main changes in national legislation in the context of implementing the constitutional duty of citizens of Ukraine to defend the Fatherland. Research methods: the research method was the formal-legal method, through which the analysis of the current legislation of Ukraine and local regulatory legal acts in the field of administrative and legal regulation of a separate type of military service in Ukraine was carried out, and the method of statistical research, through which the collection, processing and analysis of information was carried out. The results: an analysis of the dynamics of changes in the Law of Ukraine “On Military Duty and Military Service” was carried out, which indicates an attempt to solve the current problems faced by the legislator. However, such frequent legislative amendments gradually create a risk of imbalance in the system, which complicates its effective functioning and implementation of the established norms. It is noted that it is advisable to systematically and systematically train citizens in the context of fulfilling the constitutional obligation during basic military service. In particular, it is proposed to systematize the completion of basic military service by citizens who have received a certain degree of education, provided that they have not continued their studies.

CONSTITUTIONAL PERSPECTIVE ON THE RIGHT TO PERSONAL HEALTH SOVEREIGNTY AND THE RIGHT TO PERSONAL HEALTH CARE DECISION-MAKING (COMPARATIVE ASPECT OF EUROPEAN PRACTICE)

Yuliia Reminska — 2024-12-30

The purpose is to provide a comprehensive constitutional analysis of health sovereignty, emphasising the evolution of individual autonomy in healthcare decision-making, while considering state responsibilities in collective health policies. A multidisciplinary methodology combines constitutional law methods, comparative legal studies, and doctrinal analysis, focusing on international frameworks like the ECHR, the Oviedo Convention, and jurisprudence from constitutional review bodies in Germany, Italy, and beyond. The study identifies key constitutional approaches to balancing personal autonomy and public health imperatives. These include the balancing rights approach, which evaluates individual and collective health rights in conflict, such as in mandatory vaccination cases; the proportionality test, ensuring state restrictions on health choices are necessary and minimally intrusive; and substantive due process, safeguarding fundamental rights like bodily integrity and privacy against unjustified state intervention. The findings highlight informed consent as a procedural cornerstone of health sovereignty, ensuring individuals receive sufficient information to make autonomous health decisions. Comparative analysis of European practices offers models for legislative improvements, incorporating proportionality, non-discrimination, and relevant procedural safeguards. Ultimately, this research advances the understanding of health sovereignty as a constitutional principle. It emphasises the dual imperatives of respecting individual autonomy and meeting public health objectives, particularly in the face of global crises and the digitalisation of healthcare systems. The normative framework outlined affirms health sovereignty as a vital aspect of human dignity and democratic governance, requiring harmonised approaches to protect both personal freedoms and societal resilience.

LEGAL FRAMEWORK FOR PREVENTING MONEY LAUNDERING FROM THE CIRCULATION OF VIRTUAL ASSETS

Yaroslav Starushchenko — 2024-12-30

The purpose of the article is to study the legal basis for preventing money laundering obtained from the circulation of virtual assets. 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 legal framework for preventing money laundering received from the circulation of virtual assets is in its infancy, and the current legislation of both the EU and other developed democracies in this area is still characterized by inconsistencies, contradictions, needs to eliminate gaps and does not provide optimal regulation of the digital market. However, for a comprehensive approach to eliminating gaps and inconsistencies in national legislation, the world The community has developed a number of recommendations to prevent money laundering received from the circulation of virtual assets. It is the preparation and implementation of the proposed norms that is the optimal step towards the development of appropriate national legal framework for the prevention of money laundering received from the circulation of virtual assets. Discussion: еffective policies and legal frameworks for the prevention of money laundering derived from the circulation of virtual assets are key to the integrity and stability of both the international and national financial system and economy. Money laundering and related crimes (so-called "predicate crimes") can threaten the integrity and stability of both the financial sector and the external stability of the country as a whole. They can lead to economic destabilization, banking crises, inefficient revenue collection, broader deficiencies in public administration, reputational risks to international financial centers, and the loss of correspondent banking relationships. In an increasingly interconnected world, the damage caused by these crimes is global and affects the integrity and stability of the international financial system.

Digital technology is an integral part of any modern economy due to its high degree of productivity and technological capabilities. A distinctive feature of the Ukrainian economy is the introduction of digital technologies into everyday life, both to accelerate management decision-making and to achieve the goal of their implementation. It is worth pointing out that in the digital age, there is a rapid development in the use of virtual assets, which, among other things, contributes to the development of illegal activities.

REVIEW OF THE TRAINING MANUAL Y.L. YURINETS "CONSTITUTIONAL LAW OF UKRAINE"

Dmytro Holosnichenko — 2024-12-30

Approaches and views in the field of modernization of the Basic Law, which is currently underway in Ukraine, are characterized by dynamism. Therefore, the preparation by the author Y.L. Yurynets of the textbook “Constitutional Law of Ukraine” is appropriate and relevant.

The textbook systematically presents the material of the course “Constitutional Law of Ukraine”. The content of the textbook reflects the content of the relevant curriculum and structurally corresponds to the Constitution of Ukraine itself, takes into account the latest amendments to the Constitution of Ukraine.

In general, the reviewed textbook is an original creative work, based on an organic combination of theoretical concepts with practical experience in teaching the course, and will be useful for use in the educational process.

CERTAIN PROBLEMS OF LEGAL SUPPORT OF THE AIR TRANSPORT INDUSTRY OF UKRAINE FROM THE STANDPOINT OF MODERNITY

Nataliia Zhmur — 2024-12-30

Purpose: to determine the state of legal support of the air transport industry of Ukraine in the conditions of war, the main problems in this area, to provide scientific and practical recommendations for improving the legislative regulation of existing problems in Ukraine, taking into account European standards and the experience of European countries. Research methods: the work uses general methods of scientific cognition, determined by the purpose and objectives of this study, namely: logical generalization, analysis and synthesis, comparison and systematic approach, as well as comparative legal and systemic-structural methods. Results: the article highlights the current realities and problems of legislative regulation of the air transport industry of Ukraine in the modern conditions, and identifies scientific and practical recommendations for improving the relevant legislation at the current stage of development of the air transport industry, taking into account the European standards. Discussion: Ukrainian legislation in the field of civil aviation is undergoing reform. Today, a number of problematic aspects need to be addressed, including the procedure for investigating aviation accidents, flight safety, the introduction of new innovative technologies, determining the optimal areas for improving national legislation and bringing it as close as possible to European standards. A comprehensive solution to these problems and close supervision of this process will lead to the restoration and development of the aviation industry of Ukraine, taking into account the challenges of our time.

PROBLEMS OF LEGAL REGULATION OF THE PROCEDURE FOR ORGANIZING THE TRANSPORTATION OF PASSENGERS AND BAGGAGE BY ROAD

Nazar Maliarchuk — 2024-12-30

The purpose of the article is to carry out a legal analysis of the provisions of Order of the Ministry of Infrastructure of Ukraine dated 15.07.2013 No. 480 “On Approval of the Procedure for Organization of Passenger and Luggage Transportation by Road”. The research methods are to analyze the procedure for regulatory regulation of passenger traffic surveys to study the demand or determine the level of satisfaction of the population’s needs by passenger road transport, to study the problems of the regulatory and legal procedure for implementing the opening of new bus routes in Ukraine, to assess the effectiveness of the procedure for organizing passenger transportation by road transport at the present time. Results: the analysis of the legal and regulatory framework governing the organization of passenger and luggage transportation by road has revealed individual and systemic shortcomings in ensuring the rights of both carriers and passengers in the context of exercising the right to conduct business activities with the opening of new routes, and passengers in relation to road safety and the choice of passenger boarding and disembarkation points. According to the results of the study, there is a need to update the regulatory framework in the field of passenger transportation by road. Discussion: the analysis of the subject matter of the study indicates the need to bring the regulatory framework in line with the requirements and challenges of today’s passenger transportation by road. Taking into account the gaps and shortcomings, it is important to develop and implement effective control mechanisms that will ensure compliance with norms and standards in the course of economic activity by business entities (road carriers), which in turn will help to improve the conditions of passenger transportation, ensure and increase the demand for transport services.

ISSUES OF PROTECTION OF THE RIGHTS OF BUSINESS SUBJECTS IN THE LEGISLATION ON FACTORING (TRANSFERS OF LIABILITIES)

Anastasiya Sukhodolska — 2024-12-30

Purpose: to research regulations and standards at the level of both national and international law, theoretical-legal, ethical, and moral principles of factoring agreements and court practice. The methodological basis of the research consists of comparative legal methods, special legal methods, synthesis and generalization, observation, general scientific methods of analysis. Results: based on a full and comprehensive study of the problems of implementing the rules in the field of protection of the rights of business entities in factoring legislation, to develop systematic conclusions and proposals that determine the ways to improve the functioning of the legal mechanism in this area of economic relations in order to determine the principles and conditions for the State to comply with the basic constitutional guarantees and international treaties ratified by the Parliament of Ukraine, as well as the powers of the executive authorities that regulate these relations in Ukraine. Discussion: the author establishes that the issue of protection of business entities’ rights in the Ukrainian legislation on factoring requires regulation in the market of economic services and further adaptation to the EU law, comprehensive analysis of legislation and study of the practice of its implementation and judicial protection, as well as development of a single mechanism for protection of contracting parties based on the principles of equality, fairness, good faith and not contrary to the public interest.

As a result, in order to find ways to overcome the economic crisis caused by Russian aggression and ensure the country’s sustainable development, it became necessary to analyze the current legislation and determine the need for novelization of legal regulation, changes in the regulation of rules and procedures in the field of economic relations, including factoring agreements.