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

PARTICULAR ISSUES OF ADAPTATION OF NATIONAL LEGISLATION IN THE FIELD OF ATMOSPHERIC AIR PROTECTION TO THE REQUIREMENTS OF THE EUROPEAN UNION

Artur Gordienko — Thu, 27 Jun 2024 00:00:00 +0300

The purpose of the article is to characterise certain issues of adaptation of national legislation in the field of atmospheric air protection to the requirements of the European Union. Research methods: the chosen topic of scientific research requires the use of various scientific methods and approaches to obtain high-quality results. Therefore, the following research methods were used to solve the tasks: analysis; systematic method; analytical method, etc. Results: in accordance with the provisions of the current regulatory legal acts in the field of atmospheric air protection, the main legal mechanisms of state regulation of atmospheric air protection are regulation and standardisation in the field of atmospheric air protection. Discussion: regulation of the location of facilities and sources of air pollution, conducting state environmental and other examinations of facilities that have a significant impact on the environment and human health, the permitting procedure for state authorisation of activities that may be accompanied by emissions into the environment, establishment of sanitary protection zones around enterprises that are a source of impact on the environment and people.

The author concludes that an important place in the protection of atmospheric air is occupied by technical standards. In many cases, environmental legislation contains references to technical regulations, sanitary norms, environmental quality standards, maximum permissible concentrations of pollutants in natural objects, etc…

LEGAL ASPECTS OF ANIMAL PROTECTION: INTERNATIONAL STANDARTS AND THE UKRAINIAN LEGISLATIVE FRAMEWORK

Mariia Pohrebniak — Thu, 27 Jun 2024 00:00:00 +0300

Purpose of the article is to characterize international and national legislation in the field of animal protection against cruelty. This research involves a comprehensive analysis and comparison of Ukrainian and international standards in the field of animal protection, as well as the study of such an important and relevant topic as the protection of animal rights. The methodological basis of the study lies in the analysis of Ukrainian legislation and international standards regarding animal protection to identify gaps and opportunities for further improvement of legal regulation in this area. Research methods: is aimed at analyzing the implementation of international standards into Ukraine's domestic legislation and assessing the effectiveness of their practical application. Additionally, the study will examine the experience of European Union countries in this field to identify best practices and possible ways to improve Ukraine's legislation. Results: the analysis of Ukrainian legislation and international standards revealed gaps in the implementation of animal protection measures and identified the need for legislative improvement to enhance living conditions and protect animals from cruelty. The results indicate the necessity for prompt and effective measures to ensure compliance with laws and international standards for wildlife protection. Discussion: the analysis of legislation and international standards highlights the importance of further improving animal protection legislation in Ukraine. Considering the identified gaps and shortcomings, it is important to develop and implement effective control mechanisms that will ensure compliance with norms and standards, as well as improve animal living conditions and prevent cruelty towards them.

INTERNATIONAL LEGAL SUPPORT FOR AIR TRAFFIC MANAGEMENT

Inna Polishchuk, Sofia Sirenko — Thu, 27 Jun 2024 00:00:00 +0300

Purpose: to identify and analyse the peculiarities of modern international legal support for air traffic management and to assess its implementation in the system of national regulatory and legal regulation. Research methods: the methodological basis of the study is based on general scientific methods of scientific knowledge: system-functional, formal-logical, comparative, dialectical, statistical, forecasting and others; as well as special legal methods: comparative legal, formal legal, classification method and others. Results: the article proves that air traffic management, as a dynamic, integrated management of air traffic and airspace, is currently one of the most important components among the mandatory ground support facilities required for the safe and efficient operation of air traffic, the current ICAO standards and recommended practices, rules and procedures of other international aviation organisations on air traffic management are the basis of international legal support for air traffic, which are established to ensure flight safety and, in general, the safety of civil aviation at the current stage of its functioning; minimising the risk of accidents and disasters; ensuring cooperation between airlines and air traffic services of different countries; promoting air traffic optimisation and flight efficiency, increasing the efficiency of airspace use, which in turn reduces airlines’ costs and improves passenger service. Therefore, such international standards and recommendations should be more fully taken into account by all ICAO Member States when formulating and updating their national legislation to ensure the safety, efficiency and stability of aviation activities and the use of airspace in the context of globalisation, rapid technological development, as well as taking into account current threats and risks. Discussion: international legal support of air traffic, study of problems related to improvement and modernisation of its regulation is a key factor for ensuring international security, efficiency and stability of aviation activities related to the use of airspace in the context of globalisation and rapid technological development. After all, innovations in aviation technology require updating and harmonising regulatory legal standards to integrate new systems and ensure their compatibility with existing ones. At the same time, the international legal framework for air traffic management involves complex political and legal issues related to the sovereignty of states, flight rights, the legal regime of airspace, etc. Research in this area allows us to better understand current challenges and opportunities, contribute to the development of more efficient and safer regulatory systems, and formulate policies that meet the interests of all participants in the international aviation market.

FEATURES OF SOCIAL PROTECTION OF THE POPULATION: THEORETICAL ASPECT

Maksym Dyban — Thu, 27 Jun 2024 00:00:00 +0300

Purpose: to analyze different approaches to defining the theoretical and legal content of the concept of "social protection", highlighting the features of social protection of the population in modern conditions. Research methods: general scientific and special methods were used during scientific research. In particular, the definition of concepts: "systematization of social legislation", "codification of social legislation" was formulated using the logical-semantic method. The comparative legal method was used during the analysis of the common and distinctive features of the forms of systematization of social legislation, the characteristics of the ratio of trends in the further development of the systematization of social legislation and directions for the improvement of systematization. During the generalization of the classification of tasks and functions of the systematization of social legislation, classification, grouping, system-structural and system-functional methods were applied. With the help of special legal and statistical methods, the theoretical and practical problems of the systematization of social legislation have been established. In turn, the structural-logical method was used to determine the possibilities of eliminating the outlined problems and optimizing the systematization of social legislation in Ukraine. Results: states that the sphere of social protection of the population in Ukraine needs systematization of the current social legislation taking into account the main trends of the European Community. Discussion: the problem of the ineffectiveness of the social legislation of Ukraine regarding the provision of proper social protection of the population and the realization of constitutional rights and guarantees by a person is raised. First of all, the highest value of the European Union is human life, and therefore proper social protection by the state. Thus, in modern conditions, it is necessary to create a theoretical basis in the national legislation, which will become the basis for the formation of social legislation in Ukraine.

LEGAL REGULATION OF LABOUR RELATIONS IN UKRAINE UNDER CONDITIONS OF MARTIAL LAW: A REVIEW OF CHANGES

Khrystina Kmetyk, Yulia Shiyan — Thu, 27 Jun 2024 00:00:00 +0300

The purpose of the article is to define the main changes that have taken place in legal regulation of labour relations under the legal regime of martial law 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 characterize the main changes in legal regulation of labour relations during the period of martial law in Ukraine. In addition, the author emphasises the urgent need to study the impact of martial law on labour relations in Ukraine, as well as to adapt labour legislation to the new conditions of today. Discussion: the provisions of the Law of Ukraine “On Organization of Labour Relations under the Conditions of Martial Law” N 2136-IX dated March 15, 2022, which at present occupies a key position in the sphere of regulation of labour relation were reviewed and analysed.

RIGHTS AND FREEDOMS OF A PERSONE AND A CITIZEN IN THE OCCUPIED TERRITORIES

Ivan Piskun, Asan Kurtmollayev — Thu, 27 Jun 2024 00:00:00 +0300

Purpose of the article. To analyze the legal status of the temporarily occupied territories of Ukraine and its impact on the observance of human and civil rights and freedoms. Investigate the main types of violations of human and civil rights and freedoms in the temporarily occupied territories. Research methods: the work uses a set of general scientific and special research methods. An important method of research was the dialectical method of cognition, through which the qualitative characteristics of the phenomenon under study were identified and determined. Results: the temporarily occupied territories of Ukraine are an integral part of its territory and are subject to the Constitution and legislation of Ukraine. In the occupied territories there is a systematic and massive violation of the rights and freedoms of man and citizen. The international community must take stronger measures to stop human rights violations in the occupied territories. Discussion of the topic: systematic and gross violation of human rights and freedoms in the temporarily occupied territories of Ukraine is one of the most acute problems of the modern world. These violations constitute a gross attack on the basic principles of international law and constitute a threat to peace and security in Europe. The international community should take all possible measures to stop these violations and protect human rights and freedoms in the occupied territories.

CURRENT PROBLEMS OF LABOR REGULATION: THEORETICAL AND LEGAL ASPECT

Serhiy Stadnichenko — Thu, 27 Jun 2024 00:00:00 +0300

Purpose: to consider the peculiarities of employment in modern conditions, to analyze the main legal acts regulating legal relations in the field of labor, to single out proposals for improving the employment process. Research methods: general scientific and special methods were used during scientific research. In particular, the logical-semantic method, the comparative-legal method. With the help of these methods, a set of socio-legal relations related to a person obtaining a job, taking into account his abilities and capabilities, which will satisfy his needs in ensuring his existence and the existence of his family, as well as in continuous development as an individual, in science, is outlined and in practice the application of the concept of "employment", which is currently the object of research in many areas of scientific knowledge. Results: it is argued that, taking into account the current conditions in which Ukraine is, legal relations in the field of labor require additional normative and legal regulation. Discussion: аccording to Art. 43 of the Constitution of Ukraine, everyone has the right to work, which includes the opportunity to earn a living by work that he freely chooses or freely agrees to. The state undertakes to create conditions for the full exercise of the right to work by citizens, guarantees equal opportunities in choosing a profession and type of work, and also implements programs of professional and technical education, training and retraining of personnel in accordance with public needs. However, in today’s conditions, Ukraine is under the legal regime of martial law. On this path, the state identified priority areas, namely: protection of sovereignty and territorial integrity. But it has resorted to violating the legal rights of citizens, and the sphere of labor is no exception. Therefore, this scientific work touches on the issue of inefficiency in the regulation of labor relations in the conditions of the legal regime of martial law, the main normative legal acts that regulate this sphere of legal relations are analyzed.

EFFECTIVENESS OF LEGAL ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS IN CYBERSPACE

Valeria Filinovych — Thu, 27 Jun 2024 00:00:00 +0300

Purpose: this scientific research is devoted to the study and analysis of best practices which show the effectiveness of legal enforcement of intellectual property rights in cyberspace, their comparison and development on their basis of suggestions for reforming the legal regulation of the relevant area in Ukraine. Research methods of the study comprises general scientific, comparative, philosophical, and ideological, methods of analysis and special methods. Results: ensuring effective protection of intellectual property rights in cyberspace is a complex task and it must be developed and implemented taking into account the best practices of global leaders in the IT industry. The author made a comprehensive analysis of effective practices for the protection of intellectual property rights in China, the USA, Great Britain, Vietnam, India, Japan and EU countries, providing recommendations for the further implementation of the researched practices in the development of policies, strategies and legal instruments in the field of ensuring the effective protection of intellectual property rights in the digital environment. Discussion: trans-border nature, unlimited by geographical boundaries, negatively affects the protection of easily replicated content. It has also become easier for violators to commit illegal acts due to distinctions in the regulation of relevant issues in different countries. Governors and legislators need to develop and implement effective strategies and policies to mitigate these problems.

COMMERCIAL RIGHTS AS A MAIN COMPONENT LIBERALIZATION OF ECONOMIC ACTIVITIES IN THE INDUSTRYAIR TRANSPORT

Dmitry Bezzubov, Kateryna Dobkina, Yevgeniya Klyuyeva, Oleksandr Vitko — Thu, 27 Jun 2024 00:00:00 +0300

The purpose of the article is to find ways to solve the problems of ensuring the commercial rights of aviation enterprises from the standpoint of the organizational, legal and economic component of the enterprise, to outline models for ensuring compliance with commercial rights in the activities of aviation enterprises, to develop a universal model for ensuring "freedom of air" in the activities of aviation enterprises during cargo transportation. Research methods: the basis of the scientific article is scientific methods and principles inherent in both the general theory of law and the science of international law with its specific features. In particular, comparative-legal, logical-legal and formal-legal research methods were used. Results: applied principles of economic activity of air carriers from the standpoint of norms of international air law have been formed. Ways of liberalizing access to the air transportation market and ensuring the economic viability of air carriers are outlined. International normative acts regarding the problems of legal provision of "freedom of the air" from the point of view of air transportation have been analyzed. It is claimed that there is a connection between the degree of liberalization and the economic efficiency of the aviation enterprise. For Ukraine, it is important to determine the optimal legal forms and mechanisms for the liberalization of access to the international air transport market in general, as well as to the EU air transport market. Discussion: the Chicago Convention and ICAO documents establish rules and procedures for the use of "air freedom" in commercial air transport. The legal provision of commercial rights to freedom of air transport is not limited to the norms of international law, but is also carried out at the level of decisions of competent state bodies and by concluding bilateral or regional agreements. There has been an ambiguous practice of applying ICAO norms regarding the commercial use of air transportation under the rules of "freedom of the air".

CURRENT STATE OF THE PROBLEMS OF DISPOSAL OF DOMESTIC WASTE

Nataliia Zhmur, Olena Brusylo — Thu, 27 Jun 2024 00:00:00 +0300

Purpose: to analyze the current state of domestic waste disposal problems in Ukraine and the world, to determine the main causes of their occurrence and to propose solutions. Research methods: the work uses general scientific and special research methods, in particular: dialectical, historical, logical, systemic approaches, methods of analysis and synthesis, induction and deduction, comparative legal method. Results: the article highlights current issues of legal regulation of household waste disposal both in Ukraine and in other countries of the world. The main causes of problems with waste disposal are identified and ways to overcome them are proposed by improving the legislation, introducing the latest recycling technologies and raising the level of environmental awareness of citizens. Discussion: the problem of disposal of household waste is one of the most acute environmental problems of our time. The increase in the volume of waste generation due to the growth of consumption and urbanization, the insufficient level of processing and reuse of resources, as well as ineffective legislative regulation in this area lead to environmental pollution and a negative impact on human health. Researching this problem and finding ways to solve it is an extremely important task both for Ukraine and for the entire world community.

PEACE AGREEMENT, AS A METHOD OF RESOLUTION ECONOMIC DISPUTES

Iryna Slobodska, Vladislava Sohar — Thu, 27 Jun 2024 00:00:00 +0300

Purpose: an essential feature of a truly democratic legal state is the focus on the peaceful resolution of legal conflicts, which is why our country has developed a whole system of conciliation procedures, both extrajudicial and judicial in nature (clear examples of the latter are amicable agreements and settlement of disputes with the participation of a judge). But it is worth noting that the effectiveness of the application of these procedures directly depends on the presence of clear mechanisms for the implementation of legislative guarantees of the fulfillment of the terms of the settlement agreement in case of non-fulfilment of it voluntarily. That is why the specified scientific publication is aimed at analyzing the features of the settlement agreement and modern judicial practice regarding its conclusion during the consideration of cases in commercial courts, identifying problems of application and proposing possible solutions. Research methods: this scientific work was written by the authors using generally recognized methods of scientific knowledge, such as formal, comparative-legal, analytical, systemic-structural and others. Results: settlement agreements in business practice are an important means of dispute resolution, which reflects not only speed and efficiency in resolving conflicts, but also flexibility in defining conditions, preserving business relations, and reducing costs. The results of the research presented in this scientific article make it possible to determine further steps to eliminate the problems of the application of peace agreements in Ukraine. They allow the parties to avoid complex and lengthy court procedures, focus on joint search for a solution, and also ensure protection of confidentiality and commercial information. However, it is important to remember the possible risks, such as non-fulfillment of the terms of the agreement, as well as restrictions that may arise in the process of concluding and executing the agreement. Thus, settlement agreements remain a key tool for achieving mutually beneficial solutions in business matters, contributing to the sustainable development of business and partnership relations. Discussion: the discussion in this study is devoted to the analysis of the role of settlement agreements in the context of Ukrainian legislation and practice, namely the resolution of economic disputes through settlement agreements in the conditions of the Ukrainian business environment.

REPLACEMENT AND CANCELLATION OF CLAIM SECURITY MEASURES IN ECONOMIC PROCEEDINGS

Yaroslav Khlivnyi — Thu, 27 Jun 2024 00:00:00 +0300

The purpose: to describe the features of replacing and canceling measures of counterclaim
protection in the economic process, based on the analysis of which to propose ways to improve them. Research methods: the method of analysis is used to study judicial practice and identify problems of claim enforcement. The formal-logical method was used to form conclusions, proposals aimed at improving economic procedural legislation regarding the replacement and cancellation of measures to counter-
ensure a claim in an economic process. Results: it is proved that the application of measures to ensure the claim, as well as their cancellation or change, must be justified and confirmed by evidence. The circumstances of the court case may change during its consideration, as new evidence may appear or a dispute may be settled between the parties, precisely because of these reasons, the continuation of the application of security measures loses its necessity. Moreover, there are circumstances when the continuation of the enforcement measure would violate the rights and interests of the applicant.
Therefore, when applying measures to secure a claim, the court must proceed from the actual circumstances of the case and change or cancel them in accordance with the circumstances of the case that arise during the consideration of the case. Discussion: features of replacing measures to secure a claim in the course of court proceedings. Grounds and procedure for canceling measures to secure a claim.
Current judicial practice in the context of replacement or cancellation of measures to secure a claim in an economic process.

ЛЮДИНА, СУСПІЛЬСТВО, ДЕРЖАВА: ГЕНДЕРНИЙ ВИМІР

Tetyana Kolomoyets — Thu, 27 Jun 2024 00:00:00 +0300

Монографія присвячена питанням гендерного виміру існування українського суспільства.

Державна гендерна політика – це діяльність державних інституцій з реалізації та гарантування рівних прав, свобод і можливостей для жінок і чоловіків, утвердження рівності статей та формування гендерної культури в суспільстві у масштабі окремої держави. Слово «політика» в цьому контексті стосується не лише внутрішніх законів та планів держави, а й стратегічних напрямків руху розвитку країни, її зовнішньополітичної позиції.

За таких умов у монографії розглянуті усі найважливіші аспекти державної гендерної політики в Україні. Окремі статті монографії розглядають наступні проблеми: гендерна політика в Україні: актуальний стан, напрями та перспективи розвитку; питання гендерної рівності, як основи справедливого суспільства; теоретичні питання забезпечення гендерної рівності; система державно-управлінських заходів у сфері запобігання та протидії домашньому насильству; готовність правової системи України до імплементації положень Конвенції від 11.05.2011 року Ради Європи про запобігання насильству стосовно жінок і домашньому насильству та боротьбу з цими явищами (Стамбульська конвенція).

Серед методів реалізації гендерної політики в масштабі держави, зокрема, розглянуті наступні: розроблення планів та стратегій розвитку держави з урахуванням питань статі; прийняття відповідного законодавства; розробка та імплементація державних механізмів забезпечення рівності статей в суспільстві, узгодження їх із громадськістю, гарантування їхнього здійснення; імплементація позитивної дії в законодавстві та на практиці; захист репродуктивних прав та здоров’я жінок та дівчат; протидія дискримінації жінок на робочих місцях, в освітніх та інших соціальних процесах; розробка та імплементація протидії насильству проти жінок, в тому числі сексуальному, моніторинг рівня злочинів на основі статі та створення шляхів реабілітації для тих, хто від них постраждали; сприяння просвітницькій діяльності щодо гендерних питань, взаємодія з науковими установами задля проведення гендерних досліджень соціальних процесів у країні.

Розглянуті окремі питання відповідності українського законодавства положенням Стамбульської конвенції. Показано, що тенденції розвитку українського законодавства в цілому відповідають вказаним положенням.

В цілому рецензована монографія заслуговує позитивної оцінки і може бути рекомендована до видання і впровадження.

CONTINUOUS STRUGGLE OF GEORGIA WITH OCCUPATION

Mariam Bregvadze — Thu, 27 Jun 2024 00:00:00 +0300

The purpose of the article is explores for independence Georgia’s varied struggle against occupation both past and present. Research methods: the chosen topic of scientific research requires the use of various scientific methods and approaches to obtain high-quality results. Therefore, the following research methods were used to solve the tasks set: analysis; systematic method; analytical method, etc. Results: along with the restoration of Georgia’s independence, the country has been fighting an ongoing battle against occupation, confronting multiple threats to its sovereignty and territorial integrity. This article explores Georgia’s varied struggle, both past and present. Significantly, despite concerted efforts to settle the situation, the occupation persists, casting a pall over the country’s hopes for peace and stability. The fundamental goal of Georgian strategy was to improve the existing procedures against the occupation. Georgia has worked to improve its defenses and obtain global support for its cause through diplomatic relations and multilateral collaborations. However, the persistent character of the occupation necessitated a thorough reconsideration of peacekeeping procedures and strategies, as evidenced by the current situation in Ukraine. Georgia hopes to improve its ability to detect and deter acts of aggression by increasing interaction with regional and international players. Furthermore, policies that foster discussion and reconciliation are critical components of any long-term peace deal. Discussion: the article seeks to depict Georgia’s ongoing struggle with occupation using dogmatic and comparative legal analysis. This approach demonstrates the critical necessity for ongoing international engagement and support. Georgia is attempting to overcome the problems of the occupation and achieve its vision of a safe future by upgrading current processes and contributing to the modernization of the peacekeeping system.

CORRELATION OF OUTLOOK AND INTERNAL BELIEFS OF LAW ENFORCEMENT SUBJECTS IN THE CONTEST OF THE IMPLEMENTATION OF THEIR DISCRETIONARY AUTHORITIES

Roman Vandzhurak — Thu, 27 Jun 2024 00:00:00 +0300

Purpose: the purpose of this study is to consider the definition of the concept and nature of the formation of the worldview and inner conviction of law enforcement subjects when they make procedural decisions and to investigate the coverage in the scientific literature of certain aspects of the influence of the worldview on the inner conviction in general and in the context of possible negative consequences in particular. Research methods: the author used the methods of analysis, synthesis and generalization, with the help of which the bibliography of the issue was worked out, and the methods of deductive-logical analysis and inductive generalization and analogy were used to substantiate the results and formulate the conclusions of the conducted research. Results: the conducted research established that, in contrast to innovations in accordance with modern legal realities, an element of an almost unlimited range of subjective possibilities remains in law, in particular procedural law, which is expressed in the ability of a subject with discretionary powers to make decisions based on internal conviction, influence which, not least, has his worldview. Discussion: considering the distrust of society in the legalized right of the subjects of making procedural decisions to make them on the basis of their inner conviction, research on the subject of establishing and researching the factors that form such a conviction is very relevant. Separately, the concepts of worldview and inner conviction are sufficiently disclosed in the scientific work, but no works on the topic of their relationship, and even more so the influence of the former on the latter, either by foreign authors or by Ukrainian researchers, were found. Along with this, on the basis of the literature analyzed by the author, it was found that any inner conviction is primarily based on a person’s value and outlook orientations, which are formed during his life, and especially in childhood and adolescence. Therefore, faced in his professional activity with a problem regarding which the subject of law enforcement has already formed a certain view, the latter, when making a procedural decision, may, contrary to the actual circumstances of the case and the evidence available in it, take a different position, which in turn will have negative consequences for the rule of law and will thereby worsen citizens’ trust in law enforcement and judicial bodies. The practical significance of this study is that the obtained results can form the basis of changes in the current legislation regarding the evaluation of candidates for positions with discretionary powers, paying more careful attention to their value beliefs and worldview orientations.

THE LEGAL NATURE OF CIVIL RIGHTS AS A THEORETICAL CONCEPT

Rostyslav Kaliuzhnyi, Veronika Oleshchenko — Thu, 27 Jun 2024 00:00:00 +0300

The purpose is aimed at studying the legal nature of civil rights. Research methods: applied general scientific and special legal methods of scientific knowledge, in particular: system-structural method, observation method, generalization method, methods of analysis and synthesis. Results: сivil rights have a rather complex legal nature to give them a single general characteristic. Nevertheless, according to the results of the study, the following features can be determined: 1. Civil rights are rights that ensure non-interference on the part of the state, but at the same time, without a state that determines the legal status of a person, these rights cannot be realized. 2. Depending on the rights that a person realizes, he may be in different statuses - negative (or free), active, positive status of a person. 3. Civil rights are declarative. It does not matter whether a person uses them or refrains from using them, they should always be under the protection of the state. Discussion: it is determined that the complex legal nature of civil rights creates limited opportunities for their interpretation and classification and further protection. It is also established that civil rights are rights with a long and complex history of their formation, which should be taken into account in modern legislative changes. The complex legal nature of civil rights causes the absence of a single generally defined terminological interpretation of civil rights, as well as their classification. In turn, this has a negative impact on the ability to protect these rights, as well as conducting monitoring studies to measure the level of security and the number of violations. It is necessary to conduct further research in this direction.

SCIENTIFIC AND PRACTICAL PROBLEMS OF IMPLEMENTATION OF THE PROVISIONS OF THE COUNCIL OF EUROPE CONVENTION ON PREVENTING AND COMBATING VIOLENCE AGAINST WOMEN AND DOMESTIC VIOLENCE IN THE NATIONAL LEGISLATION OF UKRAINE

Kateryna Levchenko, Mykola Legenkyi, Marina Legenka, Olha Dunebabina — Thu, 27 Jun 2024 00:00:00 +0300

The purpose of the article substantiates the socio-political significance of Ukraine’s ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence and the relevance of legal scientific developments to determine the best ways to implement the provisions of this regulatory document. Research methods: in accordance with the purpose of the study, during the work on the article, such general scientific methods as the hypothetical-deductive method, analysis and induction were used. In addition, special methods were also applied, first of all – theoretical and legal and specially-legal, which provided coverage of the situation regarding the ratification of this international legal document through a political and legal prism and with the use of legal terminology. The method of integrative cognition analyzed the dialectic of normative-legal and organizational support for combating violence against women and domestic violence in the works of foreign and Ukrainian scientists. The results: legal studies on the introduction of the convention in different European countries are summarized. It is pointed out the complications that have arisen and determined perspective methods that can be used in Ukraine.

The studies of Ukrainian legal scholars on the relevance of the implementation of the convention norms in Ukraine, taking into account the existing peculiarities of social relations, are analyzed.

The historiographical aspects that preceded the implementation of the Convention in Ukraine are studied, the stages and main achievements of this work are investigated, changes in the legal field made to achieve this goal are determined.

Attention was drawn to the need to carry out scientific research on the extraterritoriality of the Convention and to resolve issues related to the expansion of Ukraine’s jurisdictions to situations of violence against Ukrainian citizens abroad, which is especially important in the situation of forced migration of women and children from Ukraine.

The need to bring the national practice of combating all forms of violence in line with the standards of the Istanbul Convention on the Protection of Victims of Violence, Punishment of Offenders, Proper Prevention and Coordination, taking into account modern social challenges and the continuation of the Russian Federation’s large-scale war against Ukraine, is substantiated.

The main ways of implementing the Convention are monitoring the current legislation and improving it in view of compliance with the standards of the Convention, expanding the practices of protecting victims and punishing offenders, increasing attention to preventing and combating violence against children, strengthening cooperation with countries where Ukrainian internally displaced persons are staying in order to combat violence, updating training programs for relevant specialists and deploying relevant information campaign.

THE DEVELOPMENT OF THE JUDICIARY ON THE TERRITORY OF UKRAINE IN THE 20TH-21ST CENTURIES AND THE FORMATION OF A MODERN DEMOCRATIC SYSTEM, AS WELL AS A JURY TRIAL

Serhii Palamarchuk — Thu, 27 Jun 2024 00:00:00 +0300

The purpose of the proposed scientific research is the analysis of the historical development of the judiciary and the judicial system in Ukraine, the emergence and development of the jury trial and the identification of modern problems of the jury trial in Ukraine. It was established that in the course of the historical development of the jury system in Ukraine, various changes and definitions of jurors took place. First of all, it should be noted that the jury court existed in the Russian Empire and despite the shortcomings in their activity, researchers considered it a democratic direction of development in the judicial system. After the revolution of 1917 in the Soviet Union, all courts ceased their activities. Instead, new courts were created, which included people’s assessors in the judicial teams. In the process of improving the activity of the courts, people’s assessors were equalized in rights with judges, but the mentioned issue was rather conditional, because the level of education of people’s assessors was low, and there were practically no lawyers among them. Research methods: the dialectical method of cognition, general scientific and special research methods are used in the work. In particular, structural-functional, deductive methods and the method of scientific forecasting. Results as a result of the analysis of the development of the judiciary in Ukraine, it was established that the changes that took place in the process of creating one or another model of the judiciary differed to some extent from the processes of the development of the judiciary in democratic states. In the Soviet Union, an attempt was made to create to a certain extent "people’s courts" by forming a corps of people’s assessors, which to some extent corresponded to the model of a shortened jury trial, but the activity of people’s assessors was limited to approving the decisions of professional judges. At the same time, the formation of jury courts, unlike the courts of people’s assessors, took place in Ukraine for a long time. After the collapse of the Soviet Union, people’s assessors were still provided for by law in Ukraine until 2016, but they did not play any role in the judicial process. Only after the Revolution of Dignity and the adoption of the new law "On the Judiciary and the Status of Judges" were people’s assessors removed. Discussion: however, the problem of the judiciary in the Soviet Union at the beginning of its existence did not only concern people’s assessors. Almost immediately after seizing power, the Bolsheviks organized revolutionary tribunals that carried out extrajudicial activities, and their sentences in most cases included the death penalty. At the same time, the actions of the revolutionary tribunals did not have any signs of a judicial process. During the trial, defense lawyers were not allowed into the process, appeals were prohibited, and the process itself took place over several days. Especially the issue of destroying the "class enemy" developed during Stalin’s rule.

First of all, people’s assessors did not have the rights that were provided for in the legislation of that time, and they were practically extras in the judicial process. This form of citizen participation in the judicial process existed until the collapse of the Soviet Union.

After gaining independence, people’s assessors still remained in the first normative documents that determined the structure of the courts. At the same time, their role was also reduced to extras. Later, the concept of juror appears in the legislation of Ukraine, but it is used together with the concept of people’s assessors.

And only after the Revolution of Dignity in the new Law of Ukraine, the concept of people’s assessors disappears and the concept of a juror is formed. However, until today in Ukraine, a clear concept of a juror has not been formed, and in particular, their status and activity in the judicial process has not been defined

ACCESS TO JUSTICE AS A COMPONENT OF THE RULE OF LAW UNDER MARTIAL LAW

Victoria Shvachka — Thu, 27 Jun 2024 00:00:00 +0300

Purpose: to study the main challenges faced by a person in exercising his or her constitutional right of access to justice under martial law and to identify the main ways of overcoming them Aspects
of exercising a person’s right of access to justice under martial law. Research methods: in the
course of preparing the article, the author used a system of philosophical, general scientific and
special methods. In particular, in order to study the international experience of legal regulation of
the right of an individual to access to justice and its consolidation at the level of national legislation,
the author used the systematic and comparative legal methods of scientific research.
The structural-functional method made it possible to define more clearly the content of the concept
of "access to justice" as a component of the rule of law. Results: The article highlights the main
aspects of the implementation of the individual’s right of access to justice under martial law;
analyses the content of the concept of "access to justice"; identifies the main challenges faced by
the judicial system under martial law and explores the main ways of their solution;
establishes that the main unresolved problem today is the frequent and prolonged disconnection of judicial institutions from the power supply, which results in the effective suspension of their activities,
which leads to the violation of procedural deadlines and which, in essence, constitutes
a violation of the principle of the rule of law.

ADMINISTRATIVE AND LEGAL PRINCIPLES OF THE ACTIVITIES OF ENTITIES THAT ENSURE THE STATE REGISTRATION OF REAL RIGHTS TO REAL ESTATE OBJECTS THAT WILL BE CONSTRUCTED IN THE FUTURE

Bohdan Kohut — Thu, 27 Jun 2024 00:00:00 +0300

The purpose of the article is to study the administrative and legal basis of the activity of entities that provide state registration of property rights to real estate objects that will be built in the future. Research methods: documentary analysis, generalization of legal information. Results: the article discloses the administrative-legal status of entities that ensure the state registration of property rights to real estate objects that will be built in the future - the notary and the state registrar of rights, as entities of administrative-legal relations. In accordance with certain provisions of the article, the specifics of the status and powers of the notary and the state registrar in relation to matters of exercise of authority in the field of state registration of rights, in particular during the implementation of registration proceedings regarding the state registration of rights to real estate objects, are determined, that will be built in the future, as well as focusing on the features of the powers of the notary and the state registrar, with which the state authorized them to perform the relevant functions, as well as those defined by the legislation, in order to exercise within the limits of the powers granted to ensure the provision of high-quality administrative services and ensure citizens to exercise their guaranteed rights. In addition, attention was paid to the general theoretical principles that apply to the subjects of administrative-legal relations, and the role of these principles during the exercise of their powers by the notary and the state registrar directly during the state registration of rights to real estate objects to be built in the future and compliance with legislation during each component of the registration process. It is also determined that when exercising the powers granted by the state, notaries and state registrars observe the general principles of state registration of property rights to immovable property and their encumbrances and have the authority to take appropriate actions in the relevant information system (register) directly in the State Register of Property Rights to Real Estate. The peculiarities of the administrative-legal status of the notary and the state registrar in administrative-legal relations and directly in interaction with other participants (entities) during the implementation of registration proceedings regarding the state registration of property rights to real estate objects that will be built in in the future. In addition, attention was paid to the legal status of individuals and legal entities who, when applying to the notary and state registrar for the exercise of their rights. The advantages and disadvantages of the administrative-legal regulation of the registration activity of notaries and state registrars during the implementation of registration proceedings regarding the state registration of property rights to real estate objects that will be built in the future are identified.

CONCEPTS FOR THE DEVELOPMENT OF THE GERMAN MODEL OF ADMINISTRATIVE PROCEDURE

Olena Markova — Thu, 27 Jun 2024 00:00:00 +0300

The purpose of the article examines the doctrinal concepts of the development of the German model of administrative procedure. Research methods: the chosen topic of scientific research requires the use of various scientific methods and approaches to obtain analysis such as historical, systematic methods. Discussion: the analysis and research of the concepts of Otto Meyer on the administrative act, Walter Jelinek on subjective public law, and Max Weber on rational bureaucracy made it possible to assess the influence of their concepts on the development and formation of the German model of administrative procedure. The concept of an administrative act was taken as the basis for the future Federal Law on Administrative Procedure, in which the provisions on the administrative act received a detailed justification and consolidation. The concept of subjective public rights was very important for the administrative procedure in the matter of challenging an administrative act. Results: the above-mentioned concepts laid the foundations for the normative model of administrative procedure, which found its legitimate consolidation in the Law of the Federal Republic of Germany "On Administrative Procedure".

PARTICIPATION OF THE PROSECUTION IN THE CONSIDERATION OF CASES ON ADMINISTRATIVE OFFENCES: ON THE ISSUE OF ON THE ENFORCEMENT OF THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS IN THE CASE OF BANTYSH AND OTHERS V. UKRAINE

Iryna Sopilko, Yuriy Tarasenko — Thu, 27 Jun 2024 00:00:00 +0300

The purpose of the article is to substantiate the approach to regulating the participation of the prosecution in administrative offence cases, which arises from the need to implement the Judgment of the European Court of Human Rights in the case of Bantysh and Others v. Ukraine The need to update the Code of Ukraine on Administrative Offences is evidenced by the ECHR Judgment in the case of Bantysh and Others v. Ukraine of 6 October 2022. Results: the expediency of conducting theoretical and legal studies devoted to the inclusion of the prosecution as subjects of proceedings in cases of administrative offenses is indicated. Proposals for amendments to the Code of Ukraine on Administrative Offenses based on the results of such research are indicated. In particular, it is proposed to single out a separate structural component of the Code of Administrative Offenses, in which to provide for articles defining the concept of prosecution in proceedings in the case of an administrative offense, as well as a list of persons who are parties to the prosecution; to provide for the participation of the prosecutor as a party to the prosecution in cases of administrative offenses, which are considered by a court (judge) in a subordinate department; it is stated, in the order of discussion, that persons who must draw up protocols on administrative offenses and the whistleblower (in the case of consideration of a case on an administrative offense related to corruption) are referred to the prosecution side. Discussion: the article examines the question of the expediency of regulating the participation of the prosecution during the consideration of cases of administrative offenses, which arises from the need to implement the Decision of the European Court of Human Rights in the case of bantysh and others v. Ukraine.

TAX INFORMATION AS IMPROPER EVIDENCE WHEN THE COURT RESOLVES A TAX DISPUTE

Evgen Ugolkov — Thu, 27 Jun 2024 00:00:00 +0300

The purpose of the article is to find ways to solve the problem of using tax information from the databases of the DPS information systems by the tax authority without checking the primary documentation on the basis of which such information was entered into the relevant databases. Research methods: a set of methods used in modern legal science, in particular, special research methods (comparative-legal, logical-legal, formal-legal) and general scientific (dialectical, systemic-functional, analogies) research methods were used. Results: when forming conclusions based on the results of a tax audit, the tax authority cannot refer to the tax information available in the databases of the DPS information systems as unconditional evidence without checking the primary documentation on the basis of which such information was entered into the databases. Discussion: premature application by the tax authority of tax information from the databases of the DPS information systems, without proper verification of primary documents, leads to negative consequences for taxpayers, since such information is the basis for conclusions based on the results of a tax audit.

CLASSIFICATION OF EXPERT OPINIONS AND THEIR EVIDENTIARY VALUE IN ADMINISTRATIVE PROCEEDINGS

Iryna Yudina — Thu, 27 Jun 2024 00:00:00 +0300

The purpose of the article is to analyze the classification of the expert’s opinions and to find out their evidentiary value in administrative proceedings. Research methods: the dialectical method of cognition was applied, with the help of which a general theoretical study of the classification of expert opinions was carried out, a comparative-legal method for the analysis of the approaches of scientists to the evidentiary value of probable opinions and opinions about the impossibility of solving the issue, comparative-legal and formal-legal methods for the analysis of legislation, as well as methods of systematization and generalization. Results: the grounds for the classification of the expert’s opinions were analyzed. The author distinguished between the legal nature of the opinion on the impossibility of solving the issue and the report on the impossibility of conducting a forensic examination, as well as proposed an additional basis for the classification of expert opinions by subject composition, according to which expert opinions are divided into individual expert opinions and collegial expert opinions. However, the expert’s individual opinion, in the opinion of the author, can also be complex, provided that within the framework of one forensic examination, multidisciplinary expert studies are conducted by one expert in related expert specialties, such as technical examination of documents and handwriting examination. The specified position corresponds to the realities of modern expert practice, but it will be possible to fully accept it only after legislative consolidation. Discussion: the expert’s categorical opinions s have unconditional evidentiary value, and the expert’s probable opinions can be considered as full-fledged evidence only in combination with other evidence in the administrative case, provided that such opinions do not contradict other evidence.

PLACE OF THE PRINCIPLE OF GOOD FAITH IN THE SYSTEM OF PRINCIPLES OF ADMINISTRATIVE JUSTICE

Volodymyr Yatsuba — Thu, 27 Jun 2024 00:00:00 +0300

The purpose of the article is to study the place of the principle of good faith in the system of administrative justice principles. The author notes that the problem of developing effective ways to protect the rights, freedoms and legitimate interests of a person and a citizen, as well as a legal entity, has become an urgent issue for Ukraine since its independence. Research methods: the chosen topic of scientific research requires the use of various scientific methods and approaches to obtain high-quality results. Therefore, the following research methods were used to solve the tasks set: analysis; systematic method; analytical method, etc. Results: considering the experience of Ukraine along with the experience of stable democracies, we can say that our country, in comparison, has passed a very short way of introducing and consolidating democratic traditions and values. Over the years of independence, significant steps have been taken in this direction. However, the problem of forming effective means and measures to protect rights, freedoms, and legitimate interests is still relevant for us. Of all the means and measures to protect the rights, freedoms, and legitimate interests of a person, the most effective and reliable today is the judicial method of protection. Discussion: the protection of human rights, the application of measures of state responsibility for the violation of such rights should not only be declarative constitutional norms, but should be duly guaranteed by appropriate means of public administration. In this aspect, the institution of administrative justice is one of the main guarantees of the implementation of the mechanism of the state’s responsibility to the individual. The functioning of administrative justice is a guarantee of preventing manifestations of bureaucratic arbitrariness and bureaucratic abuse of powers defined by law. And the level of ensuring the rights and freedoms of participants in public legal relations depends on how effective the system of administrative justice is.

RESOCIALIZATION OF CONVICTS IN PLACES OF IMPRISONMENT OF THE STATE CRIMINAL ENFORCEMENT SERVICE OF UKRAINE

Ivan Bogatyrev, Alla Kolodchyna — Thu, 27 Jun 2024 00:00:00 +0300

Purpose: scientific and methodological understanding of the resocialization of convicts in places of imprisonment of the State Criminal Enforcement Service of Ukraine. Research methods: the article uses the dialectical method of cognition, general scientific and special research methods. In particular, the structural-functional, sociological and dogmatic method. Results: the questions covered in the article allowed us to consider the resocialization of convicts in places of imprisonment, as one of the priority directions of the state policy in the field of punishment and probation of the Ministry of Justice of Ukraine. It is noted that the process of resocialization of convicts in places of imprisonment goes through all stages of serving the sentence. Discussion: the scientific article analyzes the effectiveness of using the resocialization tool on convicts while serving their sentence. The author’s concept of resocialization is formulated. It has been proven that the resocialization of convicts in places of imprisonment of the State Criminal Enforcement Service of Ukraine is one of the priority directions of the functioning of the bodies and institutions for the execution of punishments, as well as the leading task of the penitentiary systems of most countries of the world, and therefore its research corresponds to the request of the criminal and executive science of Ukraine.

Summarizing the theoretical achievements of the science of penal law and the results of the study, we came to the following conclusions:

Resocialization of convicts in places of deprivation of liberty by the State Penitentiary Service of Ukraine is one of the stages of serving a criminal sentence by a convict, which is based on the legal, pedagogical, and psychological changes of the convicted person, which should have a positive impact on his conscious behavior in isolation and prepare the convict for the return of an appropriate, independent, generally accepted, and socio-normative life in society.

It has been established that not all convicts in places of deprivation of liberty of the State Penitentiary Service of Ukraine have a positive attitude towards resocialization, and this is due to the fact that their behavior is characterized by a low level of offenses while serving their sentences and a low readiness to perceive measures of a social and educational nature. Education does not play a significant role in the formation of the socially useful orientation of convicts, and the activities of public organizations are of a formal nature.

The priority area of work of the staff of places of deprivation of liberty of the State Penitentiary Service of Ukraine should be an individual approach to the planning and implementation of measures aimed at achieving the goal of punishment, which will be ensured only through the use of means of resocialization for convicts.

It is proposed to enshrine in Article 6 of the Criminal Code of Ukraine the criteria that would make it possible to establish the degree of achievement of the goal of resocialization of a person serving a sentence in places of deprivation of liberty of the State Penitentiary Service of Ukraine.

PECULIARITIES OF OFFENSES COMMITTED BY MILITARY PERSONNEL, THEIR DETECTION AND INVESTIGATION

Yaroslav Holoborodko — Thu, 27 Jun 2024 00:00:00 +0300

The purpose of the proposed scientific research is to substantiate the reform of the Military Service of Law and Order and Military Justice with the aim of increasing the level of discipline in the Armed Forces of Ukraine and the detection, disclosure, investigation and prevention of criminal and administrative offenses by servicemen of the Armed Forces of Ukraine. The following research methods are used in the scientific work: general theoretical, analytical and comparative legal method. The basis of the methodology in this study is a systematic approach, with the help of which a certain object is considered as a multifaceted phenomenon consisting of various elements, the relationships between which form a relatively stable structure of activity in the field of investigation of criminal and administrative offenses committed by military personnel. The issue of investigation of criminal and administrative offenses committed by servicemen in Ukraine is considered and analyzed, especially today during the large-scale aggression of the Russian Federation, which is quite relevant.

Today, there is no uncertainty in the area of criminal punishment or administrative fines for committed offenses. However, the system of investigating administrative and criminal offenses committed by military personnel has not yet been fully developed.

Discussion: the article substantiates that the improvement of the investigation of criminal and administrative offenses committed by military personnel must be carried out quickly enough, but at the same time such reforming implies that it is necessary to define and redistribute the powers of subjects involved in the detection, termination and investigation of criminal offenses and administrative offenses of servicemen. As a result, it was concluded that the reformation of the system of detection, termination, investigation, as well as prevention of criminal and administrative offenses of military personnel involves, first of all, the creation of a complete system of military justice, that is, the formation of military courts, improvement of the work of military prosecutors, and the transfer of the powers of the State Bureau of Investigation to the Military Service law and order.

Today, the Military Law and Order Service does not have the appropriate leverage to investigate committed criminal and administrative offenses, however, in contrast to the responsibility of the State Bureau of Investigation, the military servicemen of the Military Law and Order Service serve together with all units of the Armed Forces of Ukraine. Employees of the State Bureau of Investigations are not military personnel and in most cases they do not know the situation that exists in the system of the Armed Forces of Ukraine.

MUNICIPAL POLICE: THE POTENTIAL IN THE CONTEXT OF IMPLEMENTING THE EXECUUTIVE BODIES OF LOCAL SELF-GOVERNMENT POWERS ENSURING LEGALITY, LAW ORDER, PROTECTING THE RIGHTS, FREEDOMS AND LEGITIMATE INTERESTS OF CITIZENS

Andriy Matviichuk, Anastasia Bagatko — Thu, 27 Jun 2024 00:00:00 +0300

Purpose: to outline the current potential of the municipal police in the context of implementing the powers of executive bodies of local self-government to ensure legality, law and order, protection of the rights, freedoms and legitimate interests of citizens. Research methods: the authors used in particular, the analytical method, generalization and system in combination with an integrated approach. Results: it was established that at the theoretical level of the research, during the period of martial law, the issues of ensuring legality, law and order, protection of the rights, freedoms and legitimate interests of citizens in combination with extremely urgent tasks in the field of defense work appeared in a new light. Implementation of relevant powers requires certain mechanisms at the level of local self-government, which could become the institute of local (municipal) police. Discussion: the logic of the ongoing decentralization reform should facilitate the realization of the right of local self-government bodies to create internal administrative structures for the effective implementation of legally determined powers. Taking into account the foreign experience and the Ukrainian practice of building local (municipal) police institutes, the normative and legal design of such institutes is extremely relevant. A strong argument for this is the potential of municipal law enforcement institutions outlined in the work to perform tasks in the field of defense work. The article presents that municipal police units created by local self-government bodies could act as the organizational core of voluntary formations and national resistance in certain territories.

LEGAL CHARACTERISTICS OF THE OBJECT AND OBJECTIVE SIDE OF THE CRIME – LOGGING

Ivan Piskun, Oleksandr — Thu, 27 Jun 2024 00:00:00 +0300

Purpose: to investigate the concept and carry out a legal characterization of the object and the objective side of the crime - "looting", as well as to carry out a systematic analysis of the features of the legal structure of the criminal offense - "looting". Research methods: constitute the main methods and means of knowledge, such as: documentary analysis and synthesis, comparison, objective truth, cognitive-analytical, interdisciplinary method of legal research, generalization. Results: the concepts and features of the legal composition of the object and the objective side of the criminal offense - "looting" were comprehensively analyzed. Discussion: the object and the objective side of the criminal offense - "looting" are mandatory parts of the legal structure of the criminal offense, without which the criminal offense is not valid, the objects of the criminal offense of "looting" and the objective side of looting are defined should be considered as the external situation of the person before the committed crime.

The author concludes that looting is a serious violation of the law that poses a threat to public safety and violates the rights and interests of civilians in crisis situations and military conflicts. It reflects a phenomenon of lawlessness and disorder that can lead to serious consequences for society and its members.

Appropriate criminal sanctions and anti-looting measures are important to ensure law and order and protect civil rights in a crisis. It is also important to uphold humanitarian norms and international law in these situations.

In conclusion, the most effective way to combat looting is through a comprehensive approach involving joint efforts by law enforcement, military and civilian institutions. This will ensure security and order in crisis situations.

THE EVOLUTION OF CYBERCRIME LEGISLATION

Lika Chimchiuri — Thu, 27 Jun 2024 00:00:00 +0300

The purpose of the article is analyzes the evolution of cybercrime legislation in several jurisdictions, with a focus on how laws are changing to reflect the complexities of cyber threats in a linked digital landscape. Research methods: this study uses a comparative analysis to identify major legislative developments across North America, Europe, Asia, and the rest of the developing world. Results: the fast development of digital technology has fueled the growth of cybercrimes such as hacking, phishing, and online fraud, posing new problems to judicial systems around the world. The study identifies comparable legislative frameworks, such as criminalizing unauthorized access to computer systems, as well as variations in approaches to penalties, jurisdiction, and enforcement roles. The paper goes further into the effectiveness of these laws in discouraging cybercrime, the difficulty of cross-border enforcement, and the delicate balance between crime prevention and individual privacy rights. Discussion: the article is to provide insights into the creation of strong legal frameworks that can keep up with the ever-changing nature of cyber risks by highlighting new trends and best practices. This analysis not only throws light on present legislative measures but also explores the implications for future policymaking in cybercrime prevention and punishment.

SCIENTIFIC RESEARCH OF HIGHER EDUCATION APPLICANTS IN THE CONTEXT OF TRENDS IN THE DEVELOPMENT OF LEGAL SCIENCE

Iryna Sopilko, Victoria Cherevatiuk — Thu, 27 Jun 2024 00:00:00 +0300

Purpose of the scientific paper is to summarize the results of the VIІ International Youth Scientific Legal Forum in the context of the relationship between scientific research of higher education applicants and the development trends of modern legal science. Research methods: to achieve the objective stated, general and special scientific (special) methods were used, in particular, formal-legal, comparative-legal, logical-legal methods, and the like. The application of these methods allows us to analyze the trends in the development of legal science in modern conditions and find out how the scientific research of higher education applicants correlates with them. Results: modern conditions dictate the need for constant improvement of legal scientific developments, which is only possible if higher education applicants develop different levels of relevant research skills, which must be acquired while studying at a higher education institution, attending problem, binary, and other types of lectures, preparing scientific works and research projects, reports and speeches at conferences and other scientific events, analyzing legislation in the process of studying academic subjects, during internships, traineeships and the like. The art of discovery in science, the ability to analyze information from different sources combined with critical thinking, make informed decisions, and draw conclusions based on a deep understanding of the subject of research can all be acquired and developed during training. When starting their scientific activity, applicants for higher education of the specialty 081 Law should pay attention to the choice of a topic that meets the development trends of modern legal science. Discussion: modern legal science is characterized by dynamic and multidimensional approaches to the understanding and application of law. They include various trends and methodologies to solve modern issues and use new technologies. Analyzing the relationship between the choice of subjects for scientific research of applicants for higher education on the specialty 081 Law together with the general trends in the development of modern legal science, we can summarize that in the overwhelming majority, the speeches and abstracts of the VIІ International Youth Scientific Legal Forum participants are relevant and fully consistent with these trends. Naturally, the topics of scientific research of the forum participants were influenced by Russian military aggression and the introduction of martial law in Ukraine and related issues, in particular, restrictions on human rights, protection of children’s rights, protection of the rights of military personnel and prisoners of war, internally displaced persons, and the like.