Scientific works of Kyiv Aviation Institute. Series Law Journal "Air and Space Law"

CRIMINAL-EXECUTIVE PRINCIPLES OF ENCOURAGING LAW-ABIDING BEHAVIOR IN CONVICTED PERSONS DURING THE SERVING OF SENTENCES

Ivan Bogatyrov — Wed, 31 Dec 2025 00:00:00 +0200

The purpose of the article is to conduct a comprehensive study of the criminal-executive foundations for stimulating law-abiding behavior among convicted persons during the execution of sentences, as well as to determine the role of incentives, disciplinary measures, and social correction programs in forming sustainable motivation to comply with legal norms. Research methods: the research applies formal-legal, system-structural, comparative-legal methods, as well as the method of theoretical generalization. The conclusions are based on the analysis of the criminal-executive legislation of Ukraine, scientific works of domestic scholars, and the practical activities of penitentiary institutions. The results: it has been established that the principle of stimulating law-abiding behavior is based on the principles of humanism, differentiation, and individualization of sentence execution. It is substantiated that the effectiveness of this principle is ensured through the complex application of: 1) incentives, which contribute to building positive motivation and behavioral change (gratitude, rewards, improved conditions of detention, participation in self-governing organizations, etc.); 2) disciplinary measures, which must be proportionate to the committed misconduct and aimed at restoring discipline; 3) social correction programs, which take into account the individual characteristics of convicted persons and contribute to their resocialization and future reintegration. It has been identified that under martial law, penitentiary institutions become more vulnerable, which increases the relevance of studying and practically implementing mechanisms for stimulating law-abiding behavior. Discussion: the results confirm that stimulating law-abiding behavior should be considered not merely as an encouragement mechanism but as a comprehensive legal instrument combining elements of coercion, social correction, and educational influence. Emphasis is placed on the need to improve legal norms regulating incentives and disciplinary measures, as well as the importance of a personalized approach to each convicted person. It is argued that the implementation of this principle is a key condition for achieving the purpose of punishment defined by the Criminal Code of Ukraine and for ensuring security within penitentiary institutions during the period of martial law.

PECULIARITIES OF SPECIAL PRE-TRIAL INVESTIGATION (IN ABSENTIA) REGARDING WAR CRIMES

Iryna Litvinova, Yana Bratash — Wed, 31 Dec 2025 00:00:00 +0200

Purpose: the purpose of the article is to analyze the regulatory and legal principles, essence and practical features of the application of the institution of special pre-trial investigation in relation to war crimes. This article considers the key aspects of conducting a special pre-trial investigation (in absentia) in cases of war crimes. The regulatory and legal framework regulating the procedure for conducting such an investigation is analyzed, the features of procedural actions in the absence of the suspect are outlined, and the main problems and challenges that arise in law enforcement practice during martial law are identified. The issues considered allow us to form a holistic idea of the significance of the institution of special pre-trial investigation for ensuring the inevitability of criminal liability for war crimes and to outline the directions for its further improvement. Research methods: analysis, synthesis, generalization, deductive method, identification method, logical method. Results: it is substantiated that the institution of special pre-trial investigation (in absentia) is a key mechanism for ensuring the inevitability of criminal liability for war crimes in the context of the ongoing armed aggression against Ukraine. It is proven that the effectiveness of the application of this procedure depends on clear regulatory regulation, proper procedural protection of the rights of the suspect, professional training of investigators and prosecutors, as well as the availability of an evidentiary base formed in accordance with international standards. It is emphasized that the practice of the Supreme Court and the European Court of Human Rights confirms the legitimacy of proceedings in absentia provided that protection guarantees are properly ensured. At the same time, the need for further improvement of legislation is emphasized, in particular in the field of reporting a suspect, mechanisms for international cooperation and verification of evidence obtained in a combat zone. Discussion: the existing mechanism of special pre-trial investigation for war crimes and amendments to the legislation adopted in connection with the need to ensure the inevitability of punishment of persons hiding in temporarily occupied territories or outside Ukraine are analyzed.

FEATURES OF LEGAL AND SOCIAL RESPONSE TO DOMESTIC VIOLENCE IN SMALL SETTLEMENT AREAS OF UKRAINE

Iryna Litvinova, Rustam Sadygov — Wed, 31 Dec 2025 00:00:00 +0200

Purpose: to explore the legal and social particularities of combating domestic violence in small towns of Ukraine, with regard to the challenges posed by the local context. Research methods: to achieve the stated purpose, a combination of general and special scientific methods was used, including the dialectical method, systems approach, analytical methods, and the comparative legal method. Results: the study has revealed that in small towns of Ukraine, access to legal protection and social support for victims of domestic violence remains limited. The current law enforcement practices demonstrate low effectiveness, which is due to both institutional issues and a lack of human and material resources. The analysis of the activities of local self-government bodies and social services indicated a need for improved coordination, clearer distribution of responsibilities, and the development of effective response procedures. Particular attention was given to the current regulatory framework in the sphere of combating domestic violence, especially its adaptation to recent legislative changes. At the same time, local programs were found to have significant potential, which — if properly supported — could serve as a foundation for sustainable community-based prevention mechanisms. Discussion: the results indicate that one of the key obstacles to effectively combating domestic violence in small communities is the low level of public awareness regarding existing protection mechanisms — particularly hotlines, mobile intervention teams, and specialized support services. This is compounded by the influence of local social dynamics: in settings characterized by close interpersonal ties, fear of community judgment, the desire to avoid publicity, and deeply rooted stereotypes about "private family matters" create an environment where violence is silenced. In such conditions, victims often avoid contacting the police, fearing public exposure or lack of proper support. Law enforcement officers, in turn, may favor informal conflict resolution — especially in cases where they have personal ties with both parties involved. This significantly undermines public trust in the legal protection system and fosters a sense of hopelessness among victims. Thus, the situation requires not only improvements in legal instruments but also deeper shifts in social perceptions and interpersonal culture within communities. Raising legal awareness, promoting zero tolerance for violence, and strengthening trust in protection institutions are essential prerequisites for ensuring an effective local-level response. Without such changes, even a formally well-structured system cannot provide adequate protection for victims in small communities.

EPISTEMOLOGICAL AND PROCEDURAL ASPECTS OF THE INVESTIGATIVE EXPERIMENT: ANALYSIS OF THE SUPREME COURT’S CASE LAW

Yurii Myroshnychenko — Wed, 31 Dec 2025 00:00:00 +0200

Relevance: the investigative experiment is a key and complex investigative action that operates by modeling events, requiring the court to apply both procedural and epistemological criteria (identity of conditions) for its evaluation. The dynamic development of judicial practice, particularly at the level of the Supreme Court, constantly generates new criteria for the admissibility and evidentiary value of its results. These decisions often go beyond traditional tactical recommendations and address fundamental epistemological questions, such as the limits of the conditions’ identity and the differentiation of the experiment from other investigative actions. There is an urgent need to systematize and analyze these legal positions, as they act as a catalyst for developing criminalistic theory and establishing standardized criteria for judicial practice. Purpose: this article aims to conduct a comprehensive analysis and systematization of the legal positions of the Supreme Court of Ukraine concerning the investigative experiment, defining the key criteria for the admissibility and reliability of its results, and outlining the main trends in its development at the intersection of procedural requirements and epistemological principles. Methodology: the research is based on the analysis and generalization of the Supreme Court’s judicial practice, employing formal-legal, comparative-legal, and epistemological methods. A systematic approach is used to structure the criteria for evidence admissibility, particularly focusing on the legal reasoning behind the distinction between the investigative experiment and other investigative actions (interrogation and site inspection). The study analyses numerous judicial decisions to identify consistent patterns and evolving standards for assessing the veracity of the reconstruction. Results: the study established that the protocol of the investigative experiment is a self-standing source of evidence, strictly separate from testimony, but only if the action contains the element of reproduction of the event and is not a disguised interrogation (a hidden way of securing a confession). The Supreme Court has clearly defined the criteria for this distinction. A key finding is the establishment of non-negotiable criteria for inadmissibility, such as the impossibility of identifying and questioning attesting witnesses (pokhytykh), which is considered an essential procedural violation that breaks the chain of proof. Concurrently, the Supreme Court demonstrates a rational, pragmatic approach, which does not deem minor technical deficiencies in recording or minimal procedural delays as sufficient grounds for inadmissibility, provided the rights of the participants were not violated and the authenticity of the reconstruction is not questioned. The court’s focus is shifting towards the epistemological goals of the experiment – verifying the reality of the event through reasonable and scientifically grounded modeling. Scientific novelty: the research offers a novel systematic framework for assessing the investigative experiment by integrating the epistemological criteria (identity of conditions) with procedural criteria (admissibility) as defined by the Supreme Court. For the first time, a clear distinction is drawn between acceptable technical errors in fixing and fundamental violations of participants’ rights based on current case law. The study introduces the problem of insufficient attention to objective verification methods (such as 3D/VR modeling and integration of data from surveillance cameras) in forensic practice, highlighting the necessity of their integration for achieving metric accuracy in reconstruction. Practical significance: the findings of the article provide clear, systematic standards for law enforcement agencies (investigators, prosecutors) and judges in assessing the admissibility and evidentiary value of the results of investigative experiments, thereby ensuring the uniform application of the law. The identified problem areas and the proposed criteria serve as a basis for updating criminalistic recommendations and developing legislative amendments concerning the use of modern digital technologies in forensic evidence gathering.

FEATURES OF INTERROGATING PRISONERS OF WAR: DOMESTIC AND INTERNATIONAL EXPERIENCE

Oksana Panova, Valeria Petrova — Wed, 31 Dec 2025 00:00:00 +0200

The purpose of the article is to determine the features of interrogation of prisoners of war, taking into account domestic and international experience, and to conduct a comparative analysis by comparing procedural aspects. Research methods: a comprehensive analysis of regulatory legal acts, scientific literature, and the practice of applying domestic legislation and foreign legislation was used, including empirical experience in applying the interrogation procedure in Ukraine during martial law. Results: it is substantiated that the effectiveness of interrogation is based not on physical pressure, but on a combination of psychological training, cultural awareness, and technical support. Ukraine, which already has a positive image in respecting the rights of prisoners, can use these approaches to further improve its own practice. It is noted that, taking into account the conduct of active hostilities throughout the territory of Ukraine, the processes of improving the interrogation procedures of prisoners of war face a number of objective and subjective challenges, such as: limited technical resources, insufficient specialization of personnel, information and psychological warfare. It was determined that Ukrainian practice has a number of strengths, such as: rapid adaptation to the conditions of modern warfare; active cooperation with the International Committee of the Red Cross; strict adherence to the principle of prohibition of torture and ill-treatment; recording the interrogation process as an evidentiary basis. Discussion: further development of the Ukrainian system of interrogation of prisoners of war should be based on the modernization of the technical base and the introduction of artificial intelligence systems, the creation of highly specialized HUMINT units, the expansion of international cooperation, ensuring transparency and monitoring compliance with humanitarian standards.

HANDWRITING EXPERTISE IN CIVIL CASES: COMPARATIVE ANALYSIS OF PROCEDURAL RULES

Yuliia Beluga, Olha Honcharuk — Wed, 31 Dec 2025 00:00:00 +0200

Purpose: to study the regulatory framework for the use of handwriting expertise in civil proceedings within different legal systems and to determine its significance as a procedural means of proof. Research methods: document analysis and synthesis, comparative legal analysis, the method of objective truth, cognitive-analytical approach, among others. Results: generalized approaches to the appointment, conduct, and evaluation of handwriting expertise within civil proceedings; identified features of procedural regulation in Ukraine and selected foreign countries. Discussion: the legal nature of handwriting expertise was clarified, the role of the court and the expert in its appointment was defined; the principles of admissibility and relevance of evidence were analysed; the possibilities of harmonizing approaches to the use of expertise in civil cases were discussed; simplified procedures in certain jurisdictions were considered.

In modern civil proceedings, which are based on the principles of adversarial proceedings, relevance and admissibility of evidence, forensic examination is of particular importance as a means of objectively establishing the facts of a case. Among the types of examinations most often appointed in cases concerning the invalidation of contracts, inheritance disputes, identification of document authorship, etc., handwriting examination occupies one of the leading places. It allows to confirm or refute the authenticity of a signature, to identify the person who made the handwritten note, which can be a decisive factor in establishing the truth. At the same time, the procedure for appointing, conducting and evaluating the results of handwriting analysis in civil proceedings is regulated by rules that have both common features in different jurisdictions and significant differences. This necessitates a comparative analysis of legal approaches to regulating the expert process in civil proceedings.

PROBLEMS OF LEGAL CAPACITY IN AMENDING LOCAL ACTS OF HIGHER EDUCATION INSTITUTIONS

Volodymyr Bilyi — Wed, 31 Dec 2025 00:00:00 +0200

Purpose: this study aims to examine the legitimacy of simplified procedures for amending collective agreements at higher education institutions (HEIs) in the absence of specific legal regulation and to substantiate the subsidiary application of general labor legislation norms. Methods: the research employs systematic analysis of legal norms, comparative legal analysis of European delegation practices, and analysis of local acts from leading Ukrainian HEIs. Results: the study establishes the absence of specific regulation regarding amendment procedures for collective agreements in educational legislation and identifies a legal lacuna filled through subsidiary application of Article 14 of the Law «On Collective Agreements and Accords». The research validates the legitimacy of simplified procedures established by HEI local acts and refutes the applicability of civil law norms due to the public law nature of collective agreements. Analysis of practices from leading Ukrainian universities demonstrates widespread use of differentiated amendment procedures through working commissions for minor or technical changes. Comparative analysis of international experience (Ireland, France, USA, Germany) confirms the legitimacy of delegation principles when formal requirements are met. Discussion: the findings substantiate the necessity of legislative regulation establishing criteria for distinguishing between substantial and non-substantial amendments to ensure legal certainty and develop social dialogue mechanisms in the educational sector. The study recommends: 1) legislative consolidation of criteria for categorizing amendments; 2) establishing mandatory elements for simplified procedures including written formalization of delegated authority; 3) developing methodological guidelines for HEIs on optimal models of internal regulation.

LEGAL REGULATION OF REMOTE WORK IN UKRAINE: CONFLICTS IN LEGISLATION AND WAYS TO OVERCOME THEM

Svitlana Vyshnovetska, Ilona Snisarenko — Wed, 31 Dec 2025 00:00:00 +0200

The purpose of this article is to provide a comprehensive analysis of regulatory conflicts arising in the legal regulation of remote work in Ukraine, to clarify their impact on the implementation of the employees’ labour rights, and to identify ways to eliminate them through legislation, taking into account the current conditions of digitalisation, martial law and European standards. Research methods: analysis and synthesis of scientific sources and regulatory and legal acts, formal legal method for interpreting the legal norms, comparative legal method for Ukrainian and European legal regulation of remote work, systemic-structural method for identifying the conflicts between legislative norms, as well as legal modelling method for formulating the proposals to improve legislation. Results: the main conflicts in the legal regulation of remote work in Ukraine were identified, in particular, regarding the conclusion of the employment contracts, occupational safety, the employer control, working hours and compensation of expenses. Inconsistencies between the norms of the Constitution of Ukraine, the Labour Code of Ukraine and special laws, as well as the absence of clear rules for digital monitoring were defined. The European practices have been analysed and proposals have been formulated to eliminate these conflicts by introducing the electronic signatures, the declarative principle of joint liability, defining the limits of control and regulating compensation. Discussion: the impact of digitalisation on labour relations and the need to harmonise regulations on control, occupational safety and compensation with European standards in order to overcome existing conflicts.

The study showed that the legal regulation of remote work in Ukraine is in its infancy and needs significant improvement. It was concluded that it is advisable to introduce the declarative principle of joint responsibility for safe working conditions, define clear limits of the employer control based on the principles of proportionality and respect for privacy, respect the employee’s right to “switch off” outside working hours, and developing the unified rules for calculating the compensation payments and exempting them from taxation within the established limit. The implementation of these proposals will harmonise the Ukrainian labour legislation with European standards, ensure a balance between the interests of the employees and the employers, and create an effective legal model for remote work that meets the challenges of the digital economy and wartime conditions.

VOLUNTEERING AS A FORM OF CHARITABLE ACTIVITY

Maksym Dyban, Yana Sydorchuk — Wed, 31 Dec 2025 00:00:00 +0200

The purpose of this article is to conduct a comprehensive study of volunteerism as one of the key forms of charitable activity, to determine its social significance, legal basis and impact on the development of civil society in Ukraine, as well as to identify current trends, challenges and prospects for improving mechanisms for engaging citizens in volunteerism. Research methods: in the course of studying the topic, a set of general scientific and special methods was used, among which the leading place is occupied by analysis and synthesis to reveal the content of volunteer activity and its role in the system of charitable activity; comparative legal method for comparing national and foreign approaches to the regulation of volunteer activity; the systemic-structural method to determine the interrelationships between forms of charitable activity; the formal-legal method to study the regulatory and legal framework; as well as generalisation and induction, which made it possible to form comprehensive conclusions about the trends in the development of the volunteer movement in Ukraine. Results: the study found that volunteering is one of the most dynamic and socially significant forms of charitable activity, combining unpaid assistance, civic initiative and a high level of social responsibility. It was found that volunteering in Ukraine has become institutionalised thanks to the development of regulatory and legal frameworks and the activation of civil society, especially in the context of martial law. Key trends have been identified, including the growing role of digital platforms in coordinating assistance, increased interaction between volunteer organisations and state structures, and the reorientation of volunteer social support towards long-term social and rehabilitation programmes. A summary of the data obtained shows that volunteer activity not only ensures a rapid response to social needs, but also acts as a catalyst for the development of charitable activities and the strengthening of civic solidarity. Discussion: the results of the study show that volunteer activity plays a central role in the modern system of charitable activity, but its effectiveness largely depends on the quality of organisation, support and legal framework. Although the legal regulation of volunteer activities in Ukraine is gradually improving, in practice there are still problems related to insufficient coordination between state institutions and public initiatives, uneven distribution of resources and insufficient institutional support at the local level. Overall, the discussion points to the need for a strategic approach to the development of volunteerism, which involves strengthening partnerships between the state, business and the civil sector, as well as fostering a sustainable culture of mutual assistance as an important component of a modern democratic society.

LINGUISTIC EXPERTISE IN HATE SPEECH CASES: PROBABILITY ISSUES

Khrystyna Kmetyk, Olena Leuska — Wed, 31 Dec 2025 00:00:00 +0200

The purpose of this article is to provide a comprehensive analysis of the problems of evidence substantiation in the process of linguistic expertise in cases related to hate speech, as well as to identify key challenges and determine directions for improving methodological approaches to the analysis of relevant texts in legal practice. Particular attention is paid to the correlation between linguistic and legal criteria for assessing speech acts that may contain signs of discrimination, hostility, or incitement to violence. Research methods: the study employs a set of general scientific and special methods, including semantic-textual analysis to examine the content structure of speech acts, discourse analysis to take into account social, political, and cultural contexts, and a linguopragmatic approach to determine the communicative intent of the author. In addition, the comparative legal method is used to analyse national and international approaches to defining and identifying hate speech. The application of these methods ensures the interdisciplinary nature and consistency of the research. Results: the study reveals that one of the main problems in proving hate speech cases is the lack of unified terminological definitions and standardized procedures for linguistic expertise, which leads to subjectivity in expert conclusions. Significant difficulties arise in distinguishing factual statements from evaluative judgments, as well as in identifying implicit meanings that may acquire provocative or discriminatory characteristics depending on the context. It is established that extralinguistic factors, including the socio-political situation, the type of discourse, and the characteristics of the digital communication environment, play a decisive role in the interpretation of speech acts. Discussion: the findings demonstrate that the effectiveness of linguistic expertise in hate speech cases largely depends on the application of a comprehensive approach combining linguistic, legal, and social criteria for text evaluation. The necessity of standardizing terminology, developing clear identification criteria, and implementing unified analytical procedures is substantiated in order to enhance objectivity and legal accuracy in the process of evidence substantiation.

IMPROVEMENT OF LEGAL REGULATION OF CONTROL AND MONITORING IN THE FIELD OF PUBLIC PROCUREMENT

Inna Polishchuk, Diana Steshenko — Wed, 31 Dec 2025 00:00:00 +0200

The purpose of the article is to study and analyze the main problems of the current state of legal regulation of control and monitoring in the field of public procurement, as well as the development of scientifically based proposals for improving legal control and monitoring mechanisms capable of promptly responding to violations in this area for the transparent, effective and rational use of budget funds. Research methods: the methodological basis of the study consisted of general scientific and special legal methods of cognition of phenomena and processes, in particular analysis, synthesis, deduction, systemic-structural, logical-legal and comparative-legal methods, which made it possible to comprehensively analyse the legal regulation of control and monitoring in the field of public procurement, identify problems in law enforcement and areas for improvement. Results: it has been determined that legal regulation of control and monitoring in the field of public procurement reveals a number of gaps and conflicts in its regulatory and legal acts, partly due to their fragmentary nature and inconsistency with modern challenges, which negatively affects law enforcement practice and the effectiveness of control measures in this area. The need for a clear division of functions and powers between control bodies, improvement of control and monitoring mechanisms, and expansion of the use of digital procurement analysis tools has been proven. Directions for harmonising national legislation with European standards in the field of public procurement have been identified. Discussion: it has been established that the current model of legal regulation of control and monitoring in the field of public procurement does not fully ensure the achievement of its main goal – the prevention of violations and the effective use of public funds; law enforcement practice confirms that the focus of control activities is still shifted towards responding to violations rather than preventing them, therefore, there remains a need to strengthen the preventive function of monitoring and to further improve legislation in this area, which should be aimed at creating a competitive national model based on updated mechanisms for all types of control and monitoring of procurement in Ukraine, and brought closer to EU standards.

JUDICIAL SUPERVISION OF THE ENFORCEMENT OF COURT DECISIONS

Victoriia Shvachka, Alona Lukyanchykova, Sofiia Sirenko — Wed, 31 Dec 2025 00:00:00 +0200

The purpose of the article is to highlight issues of judicial control over the enforcement of court decisions and to define judicial control as one of the effective means of influencing the enforcement of court decisions. Positive developments in this area are evident, as reflected in the Commercial Procedure Code of Ukraine. Research methods: methods of analysis and synthesis were used to study scientific sources and judicial practice, comparative legal, systemic-structural, and logical-legal methods were used to analyze normative-legal acts, and a formal-logical method was used to form our own conclusions and proposals. Results: the effectiveness of the judicial system is determined not only by the speed and legality of dispute resolution, but also by the level of actual enforcement of court decisions. Courts play not only the role of arbitrator in a conflict, but also act as a guarantor of the restoration of the legitimate rights and interests of persons who have sought protection of their violated rights. Full restoration of violated rights is possible not only through the adoption of a lawful decision, but also through its proper and effective enforcement. In this regard, the issue of monitoring the enforcement of court decisions deserves special attention. The Constitution of Ukraine explicitly states that court decisions are binding throughout the territory of the state and grants courts the power not only to administer justice but also to monitor the enforcement of their decisions. Discussion: judicial control, like other elements of procedural control, should perform a balancing function - ensuring the rights of both parties: the plaintiff and the defendant. At the same time, it should be prompt and effective. The introduction of judicial control over the enforcement of court decisions requires a comprehensive approach to resolving a number of regulatory, organizational, functional, and procedural issues.

LEGAL REGULATION OF REMOTE SENSING OF THE EARTH FROM SPACE

Liubov Netska, Olena Brusylo, Elyzaveta Khomusko — Wed, 31 Dec 2025 00:00:00 +0200

The purpose of the article is a comprehensive legal analysis of remote sensing of the Earth taking into account the current state of national and international legislation, identifying gaps in the legal regulation of this sphere of relations and developing proposals for its improvement. Research methods: the research process used a combination of general scientific and special legal methods. In particular, the methods of analysis and synthesis were used to study the sources of law; the comparative legal method - to analyze international and national legislation; a systemic approach - to consider remote sensing of the Earth as an element of a complex system of space law; as well as a formal-legal method for studying legal norms regulating the sphere of remote sensing of the Earth. Results: the legal aspects of remote sensing of the Earth from space as a component of space activities were analyzed. Taking into account the rapid development of satellite technologies, the globalization of space projects, and the growth in the volume of data obtained, attention is focused on the legal regulation of access to remote sensing data of the Earth, protection of national interests, preservation of confidentiality and international cooperation in the process of remote sensing of the Earth. The main legal challenges in the use of remote sensing data are identified, and ways to improve national and international legislation are proposed. Discussion: principles governing remote sensing of the Earth; legal support for activities related to remote sensing of the Earth; legal regime of received data from remote sensing of the Earth; the relationship between technical regulation and legal regulation of remote sensing of the Earth; features of legal regulation of remote sensing of the Earth in Ukraine.

THEORETICAL AND LEGAL PRINCIPLES OF RESTRICTION OF HUMAN AND CITIZEN RIGHTS UNDER MARTIAL STATE CONDITIONS

Pavlo Holovko — Wed, 31 Dec 2025 00:00:00 +0200

Purpose: to determine the theoretical and legal principles of the implementation of restrictions on human rights in martial law. Research methods: analytical and generalizing, structural and semantic, syntactic, comparative, classification, etc. Results: the relevance of the issues of theoretical principles and practical ways of legal support for temporary restrictions on individual human rights in martial law is determined. The distinction between the content of the concepts of restriction of rights and deprivation of rights is attributed to an important fundamental aspect of the theoretical basis of the specified problem and the criteria for such a distinction are proposed. The results of studies of the problem of restriction of human rights in martial law or emergency carried out by foreign and domestic scientists are summarized. The prospects of the derogation model, which is considered as a state response to an emergency situation and is characterized by a partial departure of the state from obligations, while remaining within the law, are substantiated. Discussion: it is indicated that the restriction of rights is considered by jurisprudence as a legitimate manifestation of the state’s function of balancing the interests of the individual and society in conditions of emergency or martial law, and the deprivation of rights is a form of legal responsibility or sanction that completely removes the relevant right from the legal status of the individual. It is noted that foreign researchers primarily study the issue of temporary restriction of human rights in conditions of crisis or emergency, while national jurisprudence actively studies the specified problem, focusing specifically on the conditions of martial law, while maintaining a strong relationship between the specified approaches. The requirement for derogation in terms of compliance with the standards of necessity, proportionality, predictability and legality and extension only to individual rights that are clearly defined by legislation is emphasized.

IMPLEMENTATION OF THE EUROPEAN COURT OF HUMAN RIGHTS STANDARDS ON THE RESTRICTION OF CIVIL RIGHTS DURING WAR: THE UKRAINIAN EXPERIENCE

Vladyslav Zaiets — Wed, 31 Dec 2025 00:00:00 +0200

The purpose of the article is to provide a comprehensive examination of the substance, specific features, and challenges of implementing the standards of the European Court of Human Rights (ECtHR) concerning the restriction of civil rights under martial law in Ukraine, as well as to identify approaches for improving the effectiveness of their application within the national legal system. Research methods applies documentary analysis of international and national legal acts, comparative legal analysis, examination of judicial practice, systematisation and generalisation methods. These approaches made it possible to identify the particularities of applying ECtHR standards during a state of emergency and armed conflict. The results of the research demonstrates that the ECtHR’s three-step proportionality test, as a universal tool for assessing the legitimacy of interference with human rights, gains particular significance in wartime. The analysis of ECtHR case law clarified the content of the criteria of legality, legitimate aim, necessity, and proportionality. It was established that even in the context of full-scale war, the state remains obliged to respect fundamental rights from which derogation is not permitted under Article 15 of the Convention. The study of the case law of the Supreme Court of Ukraine indicates a gradual increase in the integration of ECtHR standards into national adjudication, particularly in cases involving compulsory expropriation of property. At the same time, the application of the structured three-step proportionality test in requisition cases remains selective, highlighting the need to improve the methodological approach to assessing interferences with property rights during martial law. Discussion: the research identifies several systemic challenges that hinder the effective implementation of ECtHR standards during wartime: the lack of clear legislative criteria for restricting rights, insufficient mechanisms for controlling the exercise of state discretionary powers, barriers to access to justice, and the absence of a comprehensive mechanism for compensating war-related damage. Strengthening judicial oversight, refining legislation, and developing effective institutional mechanisms are emphasised as essential steps for ensuring the rule of law and fulfilling Ukraine’s international obligations. Implementing ECtHR standards in wartime is presented not only as a legal necessity but also as a strategic component of Ukraine’s European integration and consolidation of democratic institutions.

WOMEN’S POLITICAL RIGHTS IN THE DIGITAL AGE: THE ROLE OF LEGAL COMMUNICATION IN ENSURING GENDER EQUALITY

Olena Makeieva, Maryna Ridka — Wed, 31 Dec 2025 00:00:00 +0200

Objective: comprehensive analysis of the impact of digital technologies and legal communication on the implementation of women’s political rights, determination of the role of effective legal communication as a tool for achieving gender equality in the digital age. Research methods: general scientific methods: induction, deduction, analysis and synthesis, generalization, comparative law. Results: it was established that the digital age significantly transforms the mechanisms for the implementation of women’s political rights, opening up new opportunities for participation in political life, while at the same time generating a number of legal challenges. It is proven that information and communication technologies contribute to expanding women’s access to political information, e-democracy tools and platforms for public dialogue, which has a positive impact on the level of their political activity. It is substantiated that legal communication plays a key role in ensuring gender equality in the digital environment, since it is through it that the principles of transparency, accessibility of information and equal access to digital rights are implemented. Effective legal communication contributes to the formation of legal awareness of women, overcoming information discrimination and preventing digital violence and hate speech. Discussion: it was found that the current information legislation needs further improvement taking into account the gender approach, in particular, in the field of personal data protection, regulation of online platforms and combating cyberdiscrimination. It is important to ensure a gender-sensitive legal policy in the field of digital rights that will comply with international human rights standards. It is concluded that ensuring women’s political rights in the digital age is possible only with a comprehensive approach that combines the development of information law, improvement of legal communication mechanisms and increasing the level of digital and legal literacy. This will contribute to the real establishment of gender equality and strengthening of democratic processes in the modern information society.

COMPLIANCE IN LEGAL PRACTICE

Viktoriya Cherevatiuk — Wed, 31 Dec 2025 00:00:00 +0200

The purpose of the scientific article is to find out how the obligations to comply with compliance affect a lawyer legal practice and to substantiate the importance of the competencies obtained as a result of the acquired theoretical know ledge regarding the general requirements of compliance in the legal practice (in the context of introducing the academic discipline "Professional ethics of a lawyer and general requirements of compliance" into the educational and professional program Law for the second (master) level of higher education). Methods: to achieve the specified goal, general and special scientific methods were used. The use of these methods allows us to analyze the main types of services/areas in a lawyer legal practice related to compliance. Results: compliance with general compliance requirements is not secondary, but is a crucial element of legal practice. For lawyers and law firms, a safe path is a documented, risk-oriented compliance program based on the recommendations of national Associations, regular training and transparent management. Discussion: compliance obligations increasingly guide everyday legal practice. Positioning itself as an external constraint, the compliance system directly affects the choice of counterpartis, the reception of clients, document management, cross-border consulting and internal management. Particularly important for a lawyer’s legal practice are such areas of compliance as anti-money laundering, professional secrecy, data protection, continuous professional development and the system of ensuring protection.

DEVELOPMENT OF A SYSTEM FOR PROTECTING THE RIGHTS OF WAR CRIMES VICTIMS IN UKRAINE: IMPLEMENTATION OF EUROPEAN UNION STANDARDS

Yuliia Chystiakova — Wed, 31 Dec 2025 00:00:00 +0200

Objective: to analyze existing and new elements of victim support systems in Ukraine, while deliberately excluding the study of their procedural rights; to determine the impact of the implementation of EU law standards on the regulation of these legal relations. Research methods: general scientific methods: induction, deduction, analysis and synthesis, generalization, comparative law. Results: it has been established that Ukraine is in the early stages of building a victim support system, and one of the key achievements is the creation of the Coordination Center for Victim and Witness Support, a specialized unit within the Prosecutor General’s Office. It has been proven that by giving priority to war crimes and international crimes, Ukraine is trying to solve the problem of delays in support measures that should have been introduced back in 2014. It has been justified that at the EU level, the fundamental framework for victims’ rights is provided by Directive 2012/29/EU (establishing minimum standards on the rights, support, and protection of victims of crime) and Directive 2004/80/EU (on compensation to victims of crime). The article identifies priority provisions for bringing Ukrainian legislation into line with these supranational norms and emphasizes the need to improve legislation in order to create a comprehensive and effective system for the protection of victims. Discussion: it has been found that the protection of victims’ rights is a constantly relevant issue in any legal system, obliging states and international organizations to respond quickly to crimes not only by punishing offenders, but also by restoring the rights of victims as much as possible through effective mechanisms. However, in practice, these mechanisms face significant obstacles, as many legal norms remain declarative and are not comprehensive. This problem is even more acute for victims of international crimes, the serious consequences of which require coordinated, specialized efforts, as is evident from the ongoing war in Ukraine. It has been concluded that the implementation of a victim-oriented approach in criminal proceedings is extremely important. This will allow us to focus not only on their procedural rights, but also on other equally important issues: legal, psychological, medical, and other forms of assistance. Harmonizing national legislation with EU standards should be an effective tool in this regard.

ADMINISTRATIVE CONTRACT IN THE LEGAL SYSTEM OF UKRAINE: ISSUES, WAYS OF IMPROVEMENT, AND INTERNATIONAL EXPERIENCE

Dmytro Bezzubov, Oleksandr Andriiash — Wed, 31 Dec 2025 00:00:00 +0200

The purpose of the article: Improving the institution of an administrative agreement based on identifying problems of conclusion, implementation, scope, features of the legal nature of this agreement, as well as borrowing positive international experience in its application. Research methods: comparative legal method, analysis and synthesis, formal legal method were used. Results: it was found that an administrative agreement is an effective tool for regulating administrative and legal relations, which helps to implement the performance of certain functions by subjects of authority. It was found that the legislation of Ukraine does not sufficiently regulate the contract under study, which causes discussions in the scientific community and generates different approaches in legal and, in particular, judicial practice in resolving disputes arising from administrative contracts. It is proposed to borrow Germany’s experience regarding the implementation of an administrative agreement and to amend the Law of Ukraine "On Administrative Procedure", where it is necessary to clearly define the grounds for concluding an administrative agreement, its amendments, termination, requirements for form, and other important criteria. Discussion: scope of application of an administrative agreement; control over the implementation of an administrative agreement; subordination relations in an administrative agreement.

An administrative agreement in the system of public-legal relations is of great importance, since with the help of such an agreement certain functions of executive bodies can be implemented. Today, the issue of an administrative agreement arises in connection with Ukraine’s European integration and relevant reforms in the field of public law, because the practice of administrative agreements is widespread in EU countries, and there is a corresponding clear legal regulation for their application.

In Ukraine, there are a number of problems related to the application of an administrative contract that require study and resolution. One of them is the problem of imperfect and contradictory special legislation, and therefore, subjects who have expressed a desire to conclude an administrative contract must be guided by the general provisions on the conclusion of contracts, in particular, Book Five of the Civil Code of Ukraine (hereinafter referred to as the Civil Code of Ukraine). However, the Civil Code of Ukraine does not take into account the specifics of the parties to the contract under study and its content. In judicial practice, courts are guided by the concept defined in the Code of Administrative Procedure of Ukraine (hereinafter referred to as the Code of Administrative Procedure of Ukraine) and the same provisions (general) that are specified in the Civil Code of Ukraine, which significantly complicates the resolution of disputes arising from administrative contracts.

THE “COMMUNITY POLICING” MODEL AS A TOOL FOR PARTNERSHIP BETWEEN THE POLICE AND THE COMMUNITY IN UKRAINE

Yelyzaveta Hulchuk, Oksana Panova — Wed, 31 Dec 2025 00:00:00 +0200

The purpose of the article is to analyse the peculiarities of implementing the “Community Policing” model in the activities of the National Police of Ukraine, to define its main principles, objectives, and prospects for development in the context of law enforcement reform. The article examines the relationship between the police and local communities and the impact of partnership interaction on the level of public trust and community safety. Research methods: systemic, comparative-legal, and analytical approaches were used. The study analyses the international experience of implementing the “Community Policing” concept in the United Kingdom, the United States, Poland, and Canada. A review of national legal acts, scholarly research, and practical initiatives of the Ministry of Internal Affairs of Ukraine and international organisations (UNDP, EUAM, ICITAP) was conducted, aimed at developing community officers and building a safe environment. Results: it has been substantiated that the “Community Policing” model in the Ukrainian context is an important element of democratic governance in the field of security. Its effectiveness depends on proper legal regulation, adequate funding, professional training of personnel, and public trust. It is noted that successful pilot projects demonstrate the possibility of integrating international standards into the activities of the National Police. At the same time, the need for further improvement of the legal framework, expansion of community partnerships, and the introduction of mechanisms for assessing the effectiveness of the concept’s implementation is emphasised. Discussion: the “Community Policing” model involves a shift in the approach to performing police functions — from punitive to preventive, from distant control to open cooperation. Its implementation contributes to building trust, increasing transparency in police actions, and enhancing citizens’ involvement in security matters. The introduction of this model in Ukraine is of a complex nature and requires coordinated efforts by the state, the police, and local self-government.

LEGAL ORGANIZATION OF INFORMATION SECURITY: A SYSTEMATIC APPROACH

Yurii Kunev — Wed, 31 Dec 2025 00:00:00 +0200

The purpose of the article is to study the theoretical foundations and legislation of Ukraine in the field of information security and the directions of their development. Research methods: a systemic approach to creating a theoretical picture of the object and applying a methodological scheme of knowledge about the object and about the knowledge that describes it; comparative legal and doctrinal knowledge of legislation, as well as a method of generalizing and modeling new theoretical knowledge of information law. Results: problems of further development of information security are identified and theoretical approaches for their solution are proposed. For a systematic solution to the set of identified problems, it is necessary to determine the components of the information system, its subsystems. Examples of subsystems of administrative activity and its information components are given. Correct definition of the boundaries of the system will contribute to the correct definition of the directions of ensuring information security and its legal support. The legal organization of information security means an interdependent process of interaction between the information and legal subsystems of activities. The subject of the legal organization of information security will be the legal organization of information activities and information components of the administrative activities of public authorities in the norms of legislation. Discussion: the criteria that most influence the legal organization of information security and the models of the norms of information law necessary for acquiring the qualities of information legislation of Ukraine are determined.

FORENSIC EXAMINATION IN ADMINISTRATIVE PROCEEDINGS: LEGAL NATURE AND PROCEDURAL STATUS OF THE EXPERT

Mykola Legenkyi — Wed, 31 Dec 2025 00:00:00 +0200

The purpose: to clarify the essence and legal nature of forensic examination in administrative proceedings, to analyze scholars’ views on its definition, and to study the procedural status of a forensic expert. Research methods: the logical-semantic method was applied to define the concepts of "forensic examination" and "special knowledge." The dialectical method of cognition was used to determine the legal nature of forensic examination and the procedural status of the expert. Through analysis and synthesis, the peculiarities of forensic examination in administrative proceedings were identified. Results: the article presents a comprehensive study of the institution of forensic examination in administrative proceedings in Ukraine, which ensures objectivity and completeness in the consideration of public-law disputes. Attention is given to the analysis of scientific approaches to defining the concept of "forensic examination," demonstrating the polysemy and multi-aspect nature of this phenomenon. It is substantiated that forensic examination is a distinct legal institution requiring a consistent approach to its legal regulation and practical application. Its procedural significance lies in the ability to obtain a scientifically grounded opinion that serves as a means of evidence in a case. Considerable attention is devoted to specialized knowledge, which is an essential component of forensic expert activity, as well as to the legal status of the expert as a subject endowed with rights and obligations. The grounds for disciplinary liability of the expert and the limits of their professional activity are generalized. The article also separately examines the requirements for experts established by current legislation and the conditions for admission to conduct examinations. The conclusion is substantiated that the effectiveness of using forensic examination as a method of establishing the truth depends on the level of the expert’s professionalism. Discussion: the effectiveness of using forensic examination as a means of establishing the truth in administrative proceedings directly depends on the level of professionalism of the expert, their adherence to procedural and ethical standards, as well as the proper use by the court of the results of the expert’s study.

WAYS TO IMPROVE THE LEGAL REGULATION OF ADMINISTRATIVE PROCEDURES IN LOCAL SELF-GOVERNMENT BODIES IN UKRAINE

Oleksandr Malysh — Wed, 31 Dec 2025 00:00:00 +0200

The purpose of the article is aimed at studying ways to improve the regulatory regulation of administrative procedures in local self-government bodies in Ukraine. 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: improving the legal regulation of administrative procedures in local self-government bodies in Ukraine is a necessary step to increase legal certainty, ensure effective judicial protection and strengthen constitutional guarantees of individuals. Discussion: the administrative procedure is of key importance for local self-government, since, on the one hand, it determines the procedure for the exercise of their powers by local self-government bodies, and on the other hand, it serves as a tool for ensuring the rights, freedoms and legitimate interests of individuals and legal entities. The study of the issues of regulatory regulation of administrative procedures in the field of local councils’ activities is conditioned by the need for an in-depth analysis and search for effective areas of improvement of domestic legislation regulating the regulation of administrative procedures in local self-government bodies in Ukraine, including the procedure for adopting and appealing against regulatory legal acts of local self-government bodies. In addition, the problem is of considerable importance both in the scientific and practical dimensions, as it requires a study of the effectiveness of existing mechanisms, the identification of gaps in regulatory regulation, as well as an assessment of the compliance of national norms with international standards in the field of protection of citizens’ rights and the development of local democracy. The implementation of an integrated approach within the framework of this work will outline the main shortcomings of the current system, formulate proposals for improving legal regulation and contribute to the formation of effective administrative practice at the local level. In general, modern trends in the development of public administration require ensuring openness, transparency and efficiency of local self-government bodies. One of the prerequisites for achieving this is a clear and systematic regulatory regulation of administrative procedures.

SPECIFIC ISSUES OF PROVIDING INTERNATIONAL FINANCIAL ASSISTANCE TO CHILDREN WHO HAVE SUFFERED IN WAR: WORLD EXPERIENCE

Iryna Ustynova — Wed, 31 Dec 2025 00:00:00 +0200

The purpose of this study is a comprehensive study of the regulatory and legal support for the mechanisms for providing financial assistance to children of Ukraine affected by the war by international partner programs. Research methods: the study was conducted using a system of general scientific and special scientific methods of cognition that provide an objective analysis of the subject under study. When studying this aspect, objectivity, value and structural-system approaches are important, as well as the use of logical techniques, in particular analysis and synthesis, comparison, generalization. Results: key basic components for the implementation of financial assistance to children affected by the armed conflict were identified, taking into account world experience. Discussion: the current state and features of the implementation of financial assistance to persons affected by the armed conflict made it possible to identify relevant mechanisms and programs operating in Ukraine, in particular in terms of assistance to children, proposals were made to regulate such issues as a component in research in financial law.