The Journal of V. N. Karazin Kharkiv National University. Series Law

LEGAL PROTECTION OF DEMOCRACY: EU’S EXPERIENCE

2026-03-16T10:56:00+00:00

Introduction. Democracy is the cornerstone of the European Union and the key to building peace, security, economic prosperity, competitiveness and social cohesion. However, democracy and human rights cannot be taken for granted or taken for granted; they need to be promoted and defended every day. Moreover, ordinary citizens must play a central role in the democratic process: they must be fully involved in the functioning of institutions in order to have reason to trust them. In an era of increasing geopolitical confrontation, international and regional con-flicts, and technological upheavals, European democracies are under significant internal and external pressure. That is why the EU is committed to protecting and upholding democracy, as well as to increasing the resilience and prepared-ness of societies, strengthening the rule of law for a just and well-functioning society, and promoting civic engagement and political participation, so that citizens’ ideas are at the heart of public policy-making.
Unfortunately, in Ukraine, the legal principles of democracy protection in the EU have not yet been the subject of independent scientific research, due to the considerable attention of domestic scientists to the problems of European integration and the legal principles of the functioning of the EU. To some extent, this is explained by the novelty of this issue, as well as its complex nature. Therefore, within the framework of this study, an attempt is made to start a scien-tific discourse on the causes, evolution, current state and prospects for the development of the legal principles of de-mocracy protection in the EU, as well as the importance of such principles for the development of Ukrainian statehood and the prospects for Ukraine's full membership in the EU.

Summary of the main results of the study. From the moment of the conclusion of the Maastricht Treaty until the major EU enlargement in 2004, European democracy was considered exemplary, unshakable, devoid of more or less significant internal and external threats. The first challenges to the democratic core of the EU began to be observed only when the largest wave of enlargement included ten states in this integration entity at once, eight of which had signifi-cant historical experience of existing within the socialist camp, far from the ideals of Western democracy. Therefore, the legal protection of democracy is a fairly new direction in the EU's foreign and domestic policy; it has only a five-year history, but today it has already managed to occupy a prominent place among the political spectrum of this integra-tion entity. Such a policy is systemic and planned in nature. The main policy-legal documents in this area are the Euro-pean Democracy Action Plan (2020), the Democracy Protection Package (2023), as well as the European Democracy Shield and the EU Strategy for Civil Society (2025).

Conclusions. The main emphasis in all documents on the protection of democracy in the EU is on the protec-tion of democratic elections, the information space and civil society from external threats, which naturally provokes criticism from experts and demands to expand the subject of legal regulation and pay more attention to internal threats to democracy. The EU Readiness Strategy, which is already under development, should overcome the existing short-comings. This Strategy is based on a systematic understanding of the readiness of supranational institutions, public authorities of the Member States, as well as civil society institutions and ordinary citizens to timely identify and correct-ly qualify any threats facing the EU, as well as to effectively respond to them, both independently and collectively.
A significant catalyst for the intensification of developments in the protection of democracy in Europe was Russia's aggression against Ukraine, as well as massive manifestations of external unlawful interference in the demo-cratic processes of the EU using the latest information and communication technologies. EU legislation on the protec-tion of democracy is experiencing a period of rapid development and in many aspects is unique, innovative, especially in terms of regulating artificial intelligence and the status of electronic media.

The EU's experience in the field of legal protection of democracy is of significant importance for Ukraine; the implementation of European standards in this area, on the one hand, is a guarantee of the success and irreversibility of democratic transformations within our state, and on the other hand, is a prerequisite for its further integration into the European legal space. The participation of Ukraine and its subjects in the implementation of relevant programs and strategies will allow obtaining the necessary information, organizational, and material and financial resources to contin-ue building a democratic, legal statehood of the European model and bring our state closer to membership in the EU.

THE IMPACT OF THE CIVIL WAR (1861–1865) ON CONSTITUTIONAL CHANGES IN THE UNITED STATES AS ILLUSTRATED BY THE 13TH AMENDMENT: A HISTORICAL AND LEGAL STUDY

2026-03-16T10:56:07+00:00

Introduction. This article examines the fundamental impact of the American Civil War (1861–1865) on the American constitutional order through the prism of the drafting, adoption, and consequences of the Thirteenth Amendment to the US Constitution. The pre-conflict Constitution of 1787 not only tolerated but also protected the institution of slavery through provisions such as the “three-fifths compromise” and the decision in Dred Scott v. Sandford (1857), which made nationwide abolition of slavery politically impossible. The Civil War acted as a catalyst that radically changed this landscape, transforming the conflict over the preservation of the Union into a revolutionary struggle for its rethinking.

Summary of the main results of the study. First, the evolution of Union policy from limited military objectives to the complete abolition of slavery is analyzed. It examines in detail President Lincoln’s Emancipation Proclamation (1863), its military logic, and the legal constraints that necessitated irreversible constitutional change. Second, the arti-cle recreates the intense political struggle for the adoption of the 13th Amendment in Congress (1864–1865), where Lincoln’s re-election and his active lobbying played a decisive role. Third, the study analyzes the amendment in the context of the historiographical concept of the “second founding” of the United States (E. Foner), which realized the ideals of freedom postponed in 1787. Fourth, the immediate socio-political consequences of the amendment were identified and analyzed: it not only freed four million people, but also abolished the “three-fifths compromise,” which created a political paradox that required the adoption of the 14th Amendment. Fifth, special attention is paid to the textual analysis of the amendment, in particular the “horrible loophole” in its text, namely “except as punishment for a crime.” The study demonstrates how this clause was immediately exploited by the southern states through “black codes” to create a system of “prison leasing” that recreated slavery in a new form.

Conclusion. Emphasizes that the 13th Amendment was not the end, but the beginning of a long struggle for the realization of freedom. It radically changed the balance of power between the federal government and the states, giving Congress new powers to protect civil rights. The history of the amendment, from its nullification by the Supreme Court in the 19th century to its “rediscovery” in the 20th century (Jones v. Alfred H. Mayer Co.), illustrates that constitutional changes require constant political will to be implemented. The Civil War proved to be the crucible in which the American nation was “refounded,” and the 13th Amendment became the cornerstone of this transformation.

INTERPRETATIONAL FORM OF EXECUTIVE BODIES ACTIVITY IN UKRAINE: CURRENT STATE AND WAYS OF IMPROVEMENT

2026-03-16T10:56:13+00:00

Introduction. The most extensive link in the mechanism of legal regulation, aimed at individual regulation of social relations, is law enforcement. At the same time, the application of law is primarily an administrative activity of state bodies and officials, which consists in issuing individually specific instructions that do not contain general rules of behavior, but are addressed to specific subjects. An important element of the application of law is the mandatory clarification of the content of the relevant norm, that is, its law enforcement interpretation. Unfortunately, much less attention is paid to legal interpretation, which is carried out by the executive branch, than to the interpretative activities of parliaments and courts. The relative inattention to the executive branch as an interpreter of the law is truly striking, given the extraordinary breadth and importance of legal interpretation by the executive branch. In the process of implementing laws, the executive branch is constantly involved in the process of giving the law a certain meaning.

Summary of the main results of the study. The analysis of the current legislation allows us to distinguish two main types of laws of Ukraine, which provide for the authority of executive bodies to provide clarification of the actual content of legal norms: 1) statutory ‒ laws that regulate the tasks, functions and competence of the executive bodies of Ukraine themselves; 2) sectoral ‒ laws that regulate public relations in certain spheres or branches of state administration. The laws of Ukraine, which contain the authority of executive bodies to provide official clarification of legal norms, differ in the scope of these authorities: a) laws of Ukraine, which grant authority to officially interpret only those legal norms that are provided for by the law itself; b) laws of Ukraine, which authorize the official interpretation of an entire type or subspecies of public relations. Some central executive bodies have received the authority to officially interpret both the laws of Ukraine and the decrees of the head of state. Sometimes the delegation of legal interpretation powers to central executive bodies is carried out by the Cabinet of Ministers of Ukraine. In recent years, an alarming trend has emerged: central executive bodies, when providing certain explanations of current legislation, make reservations about their non-binding nature. Thus, the relevant documents of the Ministry of Justice (as a rule, these are letters) state that they: 1) are not regulatory legal acts, do not establish legal norms and are only informational in nature, and their real significance does not exceed the authority of the arguments and judgments that form the basis of the relevant legal position; 2) is not legal advice on a specific situation and does not take into account the specifics of the relevant factual circumstancesNon-recognition of mandatory nature in interpretative acts of executive bodies deprives these acts of meaning and discredits the interpretative form of activity of these bodies as such, casting doubt on their competence and ability to adequately assess the content of regulatory legal acts regulating public relations in their areas of jurisdiction, significantly reducing the effectiveness of the executive vertical. Moreover, such an approach undermines the principle of legal certainty, forcing subjects of legal relations to go to court in the event of different interpretations of certain legal norms by them, further burdening the judicial branch of power.

Conclusions. The interpretative form of the activities of executive bodies in Ukraine requires significant revision and renovation. In particular, it is advisable to enshrine in the current legislation (both statutory and sectoral) three fundamental points regarding official interpretation by executive bodies: 1) The Cabinet of Ministers of Ukraine and local state administrations as bodies of general competence are authorized to provide only authentic interpretation of their own regulatory legal acts; 2) central executive bodies as bodies of special competence are authorized to provide authentic interpretation of their own regulatory legal acts, as well as casual and normative interpretation of the laws of Ukraine, regulatory acts of the President of Ukraine and the Cabinet of Ministers of Ukraine within the framework of their subject jurisdiction; 3) the interpretation of the legal norms contained in the act of official interpretation of the executive body is mandatory for all executive bodies of lower level, as well as for all individuals and legal entities that are subjects of those relations that are regulated by the interpreted norms. We believe that such an approach will serve to increase the authority of executive bodies, enhance their efficiency and responsibility, and will contribute to strengthening legality and improving legal certainty in all areas of public administration.

DEFINITION OF LEGAL PROCESS DISCRETION

2026-03-16T10:56:19+00:00

Introduction. The problem of discretion in the course of law enforcement is not an isolated case of legal validity. Only the legislative body in the country has the right to create by adopting new, amending existing or canceling existing legal norms. But due to the imperfection of the legislation or the existence of a specific construction, the subject of law enforcement is given the opportunity to implement the legal norm based on his own conviction. That does not fully correspond to the principle of legal certainty, i.e. the rule of law must have a specific legal prescription, the implementation of which is carried out in accordance with its essence determined by the legislator. Therefore, the question arises of establishing the essence and features of discretion in the law enforcement process.

Summary of the main research results. In the research, the main parts of the scientific question. The concept of law enforcement was defined, its features as a means of implementing legal norms were emphasized, and the main components of the law enforcement procedure were considered. The issue of cases leading to the emergence of law enforcement discretion is also considered, namely: discretionary powers, evaluative concepts, gaps in the law. An ontology was given to each of them and an analysis of the peculiarities of each legal structure and phenomenon was carried out. Having established the main elements of the scientific question, a comprehensive analysis of their connection with discretion was carried out. The essence and influence of discretion on the process of implementation of the right is defined. The risks of the existence of discretion as an element of legal regulation, the occurrence of which is directly or indirectly allowed by the legislator and provided as a necessary component of law enforcement, are noted.

Conclusions. Having analyzed all the components of the scientific question, conclusions were made regarding the place of discretion in the law enforcement process and ways to overcome the identified scientific problem were proposed. Emphasizing the risks that are caused by the existence of discretion in law enforcement, namely: the application of legal norms not in accordance with the content that is invested in the legal norm by the legislator; realization of one's own interest in the implementation of legal dogma; one-sided law enforcement, there is a need to overcome the relevant negative circumstances. Ways to overcome the specified conditions that allow the enforcer to implement his own will are: determination of the grounds for making a relevant authoritative decision or committing an authoritative act; establishment of meaningful diversity of the evaluative concept that may take place during the implementation of the legal norm, taking into account the multifaceted circumstances that may arise in legal relations; regulate relations that are not directly subject to the law.

LEGAL PRINCIPLES OF THE USE OF ARTIFICIAL INTELLIGENCE IN UKRAINE IN THE CONTEXT OF THE EUROPEANIZATION OF THE NATIONAL LEGAL SYSTEM

2026-03-16T10:56:24+00:00

Introduction. The article outlines the main achievements of the European Union in terms of developing a system of legal regulation of the use of artificial intelligence at the interstate European level. Analytical information is provided on the priorities of the regulatory impact of such acts, taking into account compliance with human rights.

Summary of the main results of the study. Based on the analysis of the provisions of the regulatory acts of Ukraine on the development, application (use) of artificial intelligence, the issues of approximation of national legislation to similar pan-European legal practices are highlighted. Attention is focused on the substantive imperfection of the regulatory acts of the national legislative system of Ukraine, which regulate the approximation of its legal system to the legal system of the European Union in terms of regulating the use of artificial intelligence. The reasons for the low level of effectiveness of the national legal framework in terms of regulating the use of artificial intelligence technologies in terms of introducing relevant pan-European legal standards are highlighted. The author's position is substantiated that, taking into account the status of a candidate country for accession to the EU granted to Ukraine, the Ukrainian legislator should work more actively on the introduction of European framework parameters for legal regulation of the development of the field of artificial intelligence.

Conclusion. It is proven that the provisions of the national legislation of Ukraine on the regulation of the use of AI are fragmentary and not systemic, set out in many regulatory acts that regulate various spheres of public relations. It is emphasized that the system of public administration, market production, infrastructure primarily requires strengthening the role of high technologies in economic processes and the sphere of ensuring the country's defense capability. Accordingly, it is necessary to update the state concept of the development of artificial intelligence with the detailing of the priorities of the regulatory regulation of these processes, the establishment of clear deadlines for this, expected efficiency criteria, and responsible entities. This will become an impetus for innovative changes in the national legal system of Ukraine, the introduction of progressive legal standards of the European Union on the regulation of artificial intelligence, and an increase in the level of investment attractiveness of the national economic system in the future.

LEGAL REGULATION OF THE STATUS OF INTERNALLY DISPLACED PERSONS IN UKRAINE AND IN THE EUROPEAN UNION: CURRENT STATE AND CHALLENGES

2026-03-23T13:56:38+00:00

Introduction. The article analyzes the legal regulation of the status of internally displaced persons (IDPs) in Ukraine and the European Union. A comparative legal study of Ukrainian and EU approaches to the protection of IDP rights is conducted. The article highlights shortcomings in the Ukrainian legal model and reviews the practical experience of EU member states in granting temporary protection. Based on current legislation, judicial practice, and statistical data, recommendations are formulated to improve Ukrainian legal norms in line with European standards.

Summary of the main research findings. The article examines the legal and regulatory framework governing the legal status of internally displaced persons (IDPs) in Ukraine and the European Union. A comparative analysis is conducted between Ukrainian and European approaches to ensuring the rights of IDPs. The article outlines the shortcomings of Ukraine’s legal model and highlights the experience of EU member states in providing temporary protection. Based on collected statistics, case law, and legislation, the study identifies directions for improving Ukrainian legislation in line with European standards.

Conclusion. The national legal system of Ukraine regarding the regulation of the status of internally displaced persons (IDPs) requires further enhancement in light of current challenges and European experience. Comparative analysis shows that the legislative approaches of the European Union, particularly the mechanism of temporary protection, may serve as a guideline for adapting Ukraine’s legal framework. Effective protection of IDP rights is possible through comprehensive legislative reform, strengthening the role of local self-government bodies, and implementing new European standards of social protection, integration, and support for displaced persons.

THE ROLE AND PLACE OF LOCAL SELF-GOVERNMENT IN UKRAINE IN THE FIELD OF DEFENSE: LEGAL REGULATION, STATUS, AND CHALLENGES

2026-03-16T10:56:30+00:00

Introduction. The article examines the fundamental transformation of the role and place of local self-government bodies (LSG) in the system of national security and defense of Ukraine, which occurred as a result of the full-scale invasion of the Russian Federation. The relevance of the topic is due to the fact that LSGs, historically performing only administrative functions delegated by the state, have become one of the key subjects of national resistance, which has revealed significant gaps in the legislation and requires scientific understanding. The purpose of the article is a comprehensive analysis of the evolution of the powers, legal status and practical role of LSGs in the defense sector.

Summary of the main results of the study. The evolution of the powers of LSGs from the passive paradigm of “facilitation” (1997–2021), which was limited to mobilization and accounting functions, to the proactive model of “participation and responsibility”, established by the Law “On the Fundamentals of National Resistance” and finally implemented under martial law, is analyzed. Models of interaction between local self-government bodies and military administrations are considered: “synergy and subordination” in rear regions and “substitution” in front-line territories. The practice of financial support for the Defense Forces from local budgets is systematized, key mechanisms (targeted programs, subventions, direct purchases) are identified, and examples of leading municipalities are given. The main legal and fiscal challenges are revealed, in particular the collision with the Budget Code, the problem of “military personal income tax” and the further legalization of assistance to the army.

Conclusion. It is proven that local self-government bodies have become an integral element of the state’s stability, implementing the concept of “fortress communities”. A conclusion is formulated on the transition from a centralized to a network model of defense, where local self-government bodies are full-fledged subjects. At the same time, the removal of the "military personal income tax" created a paradox: the state legalized the right of communities to help, but significantly limited their financial capacity, which is the main challenge for the sustainability of the new paradigm.

THE PRINCIPLE OF ABSENCE OF PROPERTY INTERESTS OF MEMBERS (PARTICIPANTS) OF NON-GOVERNMENTAL ORGANISATIONS: EUROPEAN STANDARDS AND NATIONAL PRACTICE

2026-03-16T10:56:34+00:00

Introduction. The article is devoted to the study of regulatory and legal regulation of the principle of absence of property interest of members (participants) of non-governmental organizations. Attention is focused on the relevance of this issue in Ukraine in terms of European integration. The aim of the study is to reveal the peculiarities and identify the problematic issues of legislative regulation of the above-mentioned principle. To achieve the set goals and objectives, the following scientific research methods were used: logical-semantic, formal-legal, systemic-structural, comparative-legal, etc.

Summary of the main research results. European standards regarding the principle of absence of property interests of members of non-governmental organizations are considered. Some international acts that reveal the content of the above-mentioned principle are analysed. Attention is focused on Ukrainian legislation that enshrines the principle of absence of property interests of members (participants) of non-governmental organizations and its content.

Conclusions. It was emphasised that there are certain problems regarding the regulatory and legal regulation of the principle of absence of property interests of members (participants) of non-governmental organizations, which must be resolved by amending Ukrainian legislation.

TRANSFORMATION OF THE CITY INTO A HUMAN RIGHTS SPACE: CURRENT CHALLENGES AND GLOBAL STANDARDS

2026-03-16T10:56:36+00:00

Introduction. In the modern highly urbanized world, cities are real actors in the implementation of legal policy in the field of human rights. The development of the concept of a «Human Rights City» represents one of the possible avenues for meaningful of local self-government in Ukraine. The purpose of this article is to examine the conceptual foundations of the formation of a «Human Rights City», analyze the global experience in the development of such cities and identify prospects and challenges for Ukraine in the context of global and national transformations.

Summary of the main results of the study. The article examines the origins of the concept of a «Human Rights City». International experience in the formation of human rights cities, particularly the provisions of the European Charter for the Protection of Human Rights in the City and the practices of individual municipalities, demonstrates the effectiveness of consolidating respect for human rights at the local level.

In our view, it is the combination of high-quality regulatory and legal regulation, institutional capacity, the development of legal culture, and active community participation that ensures the effective implementation of human rights in the urban environment.

The concept of reforming local self-government should be based on the integration of a human rights based approach across areas of local policy, from spatial planning and infrastructure development to social protection and environmental policy.

By considering the reform of modern cities through the prism of legal urbanism, the article integrates legal regulation, urban practices and community values.

Conclusions. For a modern city, the issue of human rights is neither a tribute to fashion nor an unrealistic mission. The sphere of human rights is reflected everyday life: the transport we use to commute to work, whether is it safe to return home in the evening, and whether a blind person can independently purchase groceries. Respect for human rights is embodied not only in declarations or strategic plans, but in daily interaction with urban environment, which can either support human dignity or create new barriers. A human rights city should not be viewed as an idealized model. Rather, it represents a pragmatic and progressive development strategy with clearly defined goals that can increase resilience to contemporary challenges, improve quality of life, and strengthen trust between public authorities and the community. Such a model reflects legal regulation, institutional capacity, and legal culture within society. Despite the challenges of martial law, economic crises and other destabilizing factors, there remains significant potential for creative approaches to urban development and for building cities that ensure dignified living conditions for their residents. This perspective opens the way to sustainable, safe, and inclusive development, in which human rights are not an abstraction but a matter of daily practice.

INSTRUMENTS AND METHODS OF PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN THE VIEW OF THE PRACTICE OF THE SUPREME COURT

2026-03-16T10:56:41+00:00

Introduction. The consideration and resolution of intellectual property cases have a number of features related to the specifics of the evidentiary tools and procedural aspects applied by courts when examining evidence and making a court decision. In the process of finding the most optimal and effective tools of proof, judicial practice is a priority, demonstrating trends in the procedural aspects of resolving cases and providing an appropriate guideline for the optimal ways to resolve legal disputes. Of course, the judicial precedents of the Supreme Court, as the highest instance of the judicial system, are exemplary and priority in the application of their conclusions, which can be used both as a line of proof of claims and to improve the procedure for considering and resolving the case on the merits. Doctrinal research on this topic through the prism of judicial precedents of the Supreme Court is key in terms of developing a practically effective model of proof in cases of cancellation of a certificate of registration of trademark rights, prohibition of the use of a copyright object included in an official act of a state authority, etc. The fact that a trademark is recognized as well-known does not create the legal consequences of acquiring exclusive rights to such a trademark.

Summary of the main results. Doctrinal research of key decisions of the Supreme Court in the field of intellectual property law provided the opportunity to obtain the following judgments of scientific and applied content: when resolving cases of violation of exclusive rights to a copyright object that is part of a document of a state authority, it is necessary to take into account the evidentiary basis indicating the date of origin of exclusive property rights to the copyright object. The combined combination of a copyright object as part of an act of a state authority does not affect the scope of legal protection of the former; in cases of cancellation of the certificate of intellectual property rights for a trademark, the expert study conducted must be based on a comprehensive methodological study, which includes answers to questions about the similarity of the studied signs in the phonetic, semantic and visual components. The sign of the appropriateness of an expert opinion is confirmed by the correspondence of its conclusions to the intellectual property object that is the subject of the disputed relationship. The content of Article 6 septies of the Paris Convention for the Protection of Industrial Property must be assessed as a list of grounds for prohibiting the use of a trademark.

Conclusion. The conducted doctrinal study of the Supreme Court's judicial practice in cases on the protection of intellectual property rights has important applied significance, due to the possibility of improving the tools for forming and proving positions for the protection of violated rights and developing further doctrinal research on the outlined topic.

STATE COUNTERCLAIMS CONCERNING ESG AND ENVIRONMENTAL HARM IN ICSID PRACTICE: AN ANALYSIS OF NEW PROCEDURAL OPPORTUNITIES UNDER THE 2022 RULES

2026-03-16T10:56:46+00:00

Introduction. The article addresses the issue of asymmetry in international investment arbitration, where states primarily act as respondents to claims filed by foreign investors. The study's relevance is driven by two key trends: the global strengthening of Environmental, Social, and Governance (ESG) standards, prompting active state regulation, and the most extensive reform in recent decades of the Arbitration Rules of the International Centre for Settlement of Investment Disputes (ICSID), which entered into force in 2022. The purpose of the article is a comprehensive analysis of how the new ICSID procedural rules create additional opportunities for states to effectively use the instrument of counterclaims to hold investors accountable for causing environmental harm and non-compliance with ESG standards. The research methodology comprises formal-legal and comparative-legal methods, as well as an analysis of key arbitral jurisprudence.

Summary of the main research findings. It is noted that the fundamental jurisdictional hurdles for counterclaims, embedded in Article 46 of the Washington Convention (the requirements of party "consent" and a "direct connection" with the subject-matter of the dispute), remain unchanged, as the reform only affected the procedural rules, and not the Convention itself. The key doctrinal dichotomy that has emerged in arbitral jurisprudence regarding the interpretation of investor consent is analyzed, using the cases of Roussalis v. Romania (a narrow approach, requiring express consent in the international investment agreement) and Goetz v. Burundi (a broad approach, recognizing implicit consent from the very act of initiating arbitration). It is shown that the growing role of ESG and successful precedents, notably in the Burlington v. Ecuador and Perenco v. Ecuador cases, have created a new substantive legal basis for environmental counterclaims. The article details how specific procedural innovations of the 2022 Rules affect the process: 1) Rule 48 on ancillary claims introduces procedural discipline by setting clear deadlines for their submission; 2) Rule 31 on case management conferences strengthens the tribunal's role in structuring complex proceedings; 3) The new transparency regime (Chapter X) promotes the development of consistent jurisprudence through the publication of decisions.

Conclusion. The article substantiates the conclusion that although the 2022 Rules do not resolve the fundamental jurisdictional problems, they significantly improve the procedural environment, making the filing of counterclaims more manageable, predictable, and legitimate. These procedural improvements lower the practical barriers for states seeking to protect public interests related to ESG and contribute to restoring balance in the investment arbitration system. Prospects for further research lie in monitoring new arbitral jurisprudence to assess the real impact of the reforms on the quantity and success rate of state counterclaims in disputes related to environmental and social responsibility.

ADAPTATION OF UKRAINIAN LEGISLATION TO THE NORMS OF THE EU ARTIFICIAL INTELLIGENCE ACT: CHALLENGES AND PROSPECTS

2026-03-16T10:56:50+00:00

Introduction. This paper provides a comprehensive analysis of the adaptation process of Ukraine's national legislation to Regulation (EU) 2024/1689, known as the EU Artificial Intelligence Act (AI Act). The study aims to identify the key challenges facing the Ukrainian legal system in implementing this act and to develop grounded proposals for strategic directions of harmonisation. The methodological basis of the work consists of general scientific and special methods of cognition, including comparative-legal, systemic-structural, formal-dogmatic, and forecasting methods.

Summary of the main results of the study. The key principles and structure of the AI Act are examined, emphasising a risk-based approach that classifies artificial intelligence (AI) systems into four risk levels. An audit of the current state of AI legal regulation in Ukraine was conducted, revealing its fragmented nature and the absence of a comprehensive, systemic approach, which creates a significant normative gap with EU legislation. The novelty of the research lies in the systematisation of challenges for Ukraine, which are classified into four groups: normative, institutional, technical-legal, and economic.

Conclusion. It is substantiated that the most critical challenge is institutional, related to the absence of a competent national supervisory authority. For the first time, a comprehensive roadmap for adaptation is proposed, envisioning a phased approach. The research results are of practical importance for legislative bodies, scholars, and representatives of the IT industry.

USE OF ARTIFICIAL INTELLIGENCE AND ACADEMIC INTEGRITY: THE PRIVATE-LAW ASPECT

2026-03-16T10:56:51+00:00

Introduction. The global process of digitalization has led to the widespread use of artificial intelligence (AI) across various spheres of human life. Its application in the academic environment must be combined with the assurance of trust and the need for reliability in scientific works. This explains the necessity of establishing clear rules for the use of AI in education and science. On this basis, it is essential to develop a well-reasoned framework for the proper application of AI in scholarly and educational activities.

The purpose of the article is to develop a scientific approach to the use of artificial intelligence in compliance with the principles of academic integrity. The following research methods were employed: the formal-logical method—to identify manifestations of AI use in scientific and educational activities; the systemic-structural method—to clarify the specific features of ensuring compliance with academic integrity by means of technological advancements; and the dialectical method—to compare compliance and violation of academic integrity in the context of AI use.

Summary of key research results. It is demonstrated that presenting information generated by AI as one’s own original work constitutes a violation of copyright and academic integrity. It is emphasized that information obtained with the help of AI requires mandatory verification against primary sources. Unlike a library, which contains verified materials, AI outputs may include both accurate and misleading data. It is highlighted that AI was created as an auxiliary tool and cannot replace human authorship. The results of AI use directly depend on its input sources, which may include both scientific and dubious materials. Even accurate data may be reproduced without proper attribution, thereby raising copyright concerns. In law and legislation, a universal AI is incapable of ensuring compliance with the rules of legal drafting, as well as accounting for mental and national particularities. Hence, human creativity remains indispensable in these processes. The problems associated with AI use encompass both academic ethics and legal risks, including plagiarism and the dissemination of inaccurate information. The use of AI in scientific research is permissible only with proper referencing, critical analysis, and creative interpretation. For Ukraine, an urgent task is the improvement of legislation concerning digital objects of civil rights and the development of an ethical code for the use of AI in education and science. Academic culture must be based on openness, respect for copyright, and integrity in scientific research.

Conclusions. When using AI in scientific activity, it is necessary to comply with the requirements of current legislation on intellectual property protection. The principles of handling AI-generated information should include: (a) respect for copyright in relation to the results of human creative activity, fair use of sources and proper citation; (b) prevention of unlawful appropriation of information not belonging to human authorship by falsely attributing it as one’s own; (c) verification of authorship in respect of information provided by AI (since AI processes input data that may itself be subject to intellectual property rights); (d) maintenance of a high level of legal culture, social awareness, and scientific ethics; (e) human oversight of AI-generated information, including verification against primary sources, editing, and proper attribution of authorship.

MECHANISMS INFLUENCING FREE WILL: A CIVIL LAW CONTEXT

2026-03-16T12:07:54+00:00

Introduction. The paper examines the main mechanisms that influence free will in the context of civil law. These mechanisms include a lack of awareness of the significance of one's actions or the inability to control them, mistakes, fraudulent misrepresentation, duress, and the influence of grave circumstances. This study aims to determine the mechanisms that affect free will and the significance of such influence in civil law. Methods: The author primarily uses a doctrinal legal research method to analyse existing legal principles, rules, and legislation related to freedom of will and vitiated consent in civil law. The research also employs a comparative approach, examining legal concepts and cases from various jurisdictions, including German, UK, and EU law. Additionally, the paper incorporates perspectives from legal philosophy, referencing the theories of I. Kant and F. Savigny, to provide context and critical analysis of the relevant legal doctrines.

Summary of the main results of the study. The author emphasises that freedom of will, decision-making and freedom of thought are fundamental to the existence of private law. The paper examines the main mechanisms leading to a vitiated will in civil law, which include a lack of awareness of the meaning of one’s actions, inability to control them, mistakes, fraudulent misrepresentation, duress, and the influence of grave circumstances. The author emphasises that if a person’s free will is subject to external influence, this provides grounds for challenging or setting aside the transaction. The author argues that freedom of will is not absolute, since the legitimate boundaries of free will are defined by normative restrictions, and the law determines the rules of behaviour.

Conclusions. Freedom of choice, decision-making and freedom of thought are the foundation of private law. A person’s will is inviolable, as unlawful influence on it triggers legal consequences, from recognising transactions as invalid to criminal liability. Legal norms affect only the external manifestation of free will (expression of intent), by stipulating the conditions and mechanisms of participation in legal relations and determining rights and obligations. The internal aspect of free will cannot be subject to legal restrictions.

CRYPTOASSET AND ITS PLACE IN THE MODERN CIVIL PARADIGM

2026-03-16T10:57:00+00:00

Introduction. The scientific article is devoted to certain aspects of the legal regulation of cryptocurrency assets. Cryptoassets, as a type of virtual/digital good, currently do not have a single comprehensive approach to a single vision of the place of this phenomenon in the modern legal paradigm.

Summary of the main results of the study. The issues covered in the scientific article are considered, including from the perspective of foreign legislative developments, which, taking into account the chosen vector of movement of our state, are considered a certain reference point for improving domestic legislation. The paper analyzes the determination of the place of crypto-assets/crypto-currencies among other related objects of digital technologies. The paper ana-lyzes the relationship of cryptocurrency/crypto-asset as a virtual/digital good with other similar related categories, in particular such as: digital things, electronic money and digital money (currencies). It is proposed to improve the definition of the generic concept of an object of the digital (virtual) environment through a digital (virtual) good that is created and exists exclusively in the digital environment, without narrowing its comprehensive content in terms of the possibility of having or, conversely, not having a certain property value, while a “virtual asset” or “cryptocurrency asset” can be considered as a good that directly in its content is a certain expression of value or a certain property right, taking into account the understanding of an “asset” precisely as an economic category. An assessment of the approach to the impossibility of cryptocurrency, as a virtual asset (good), to act as a means of payment is provided.

Conclusion. The scientific article is devoted to certain aspects of the legal regulation of cryptocurrency assets. Cryptoassets, as a type of virtual/digital good, currently do not have a single comprehensive approach to a single vision of the place of this phenomenon in the modern legal paradigm.

CONTRACTUAL BASIS FOR REGULATING THE PROCEDURE OF MEDIATION OF NATURAL RESOURCE DISPUTES

2026-03-16T10:57:03+00:00

Introduction. A natural resource dispute should be considered as a type of environmental con-flict. The latter, in turn, is an element of a broader concept, namely, social conflict. The analysis of court statistics shows a sufficient number of the following natural resource disputes: conflicts arising in legal relations in the field of water use; land disputes; ownership, use and management of forests; ensuring the rational use of forest resources; in the field of use and reproduction of flora and fauna, objects of the nature reserve fund, use of subsoil and mining relations.

Summary of the main results of the study. The systematisation and structuring of legal provisions carried out in the course of the study allows us to formulate the following groups of contractual settlement of mediation of natural resource disputes: 1. Mediation agreement is an agreement on the provision of mediation services to prevent or resolve a conflict (dispute) concluded by the parties to a possible or existing conflict (dispute) and the mediator (mediators) in an oral or written form agreed by them and complying with the requirements of the law; 2. Mediation agreement is a written agreement between the parties to legal relations on the method of settlement of all or certain conflicts (disputes) that have arisen or may arise between them through mediation. A mediation agreement may be concluded in the form of a mediation clause in a contract or in the form of a separate agreement; 3. An agreement (contract) based on the results of mediation is an agreement that records the result of the agreement between the parties to mediation in an oral or written form agreed between them, subject to the requirements of the law.

Conclusions. Today, the legislator allows for the settlement of natural resource disputes through mediation, in accordance with the Law of Ukraine ‘On Mediation’, but with mandatory consideration of the specifics provided for by environmental, including land, legislation.
The conceptual provision for mediation agreements should include the condition that they should not violate the rights and interests of the state, as well as the public interest or the interests of other persons not involved in the mediation. Such cases may include, for example, the interests of owners of neighbouring land plots.
In addition, it would be advisable to extend the mandatory written form for mediation agreements and agreements resulting from mediation in land disputes to agreements for mediation of other natural resources (water, forests, wildlife, etc.).
In addition, when concluding mediation agreements in relation to land resources, restrictions and encumbrances that exist in relation to the land plot should be taken into account, namely
- encumbrance of the land owner with the rights of other persons (easement, superficies, emphyteusis);
- prohibitions on use and/or disposal (prohibition on certain types of activities, change of designated purpose, condition of compliance with environmental requirements, maintenance and preservation of shelterbelts, etc;)
- restrictions established by regimes: security zones, sanitary protection zones, sanitary protection zones, zones of special land use regime, etc.
Thus, the above content of legal provisions suggests that such an institution as mediation can be fully applied for the effective resolution of natural resource disputes, taking into account the relevant specifics, for example, land legislation which considers natural objects not only as a means of production or a territorial basis, but also as a natural resource with important environmental value.

LEGAL REGULATION OF STATE SUPERVISION IN THE SPHERE OF HIGHER EDUCATION

2026-03-16T10:57:08+00:00

The scientific article is devoted to determining the legal principles of state supervision in the sphere of higher education. The norms of legislative and by-laws regulating state supervision and educational activities are studied. The works of scientists who studied the features of state supervision in various economic spheres are analyzed. During the preparation of the article, both general scientific and specialized legal research methods were employed. The purpose of this study is to identify the characteristics of legal regulation governing state supervision in the field of higher education.

It is proposed to define state supervision in the sphere of higher education as the activity of authorized bodies to identify and prevent violations of the requirements of legislation on higher education, which is carried out within the limits of their powers and in the procedure specified by Ukrainian legislation.

The features of legal regulation of state supervision in the sphere of higher education are established: the powers to exercise state supervision in higher education institutions are granted to the Ministry of Education and Science of Ukraine and the State Education Quality Service of Ukraine; supervision over compliance with licensing conditions for educational activities is carried out exclusively by the Ministry of Education and Science of Ukraine; special criteria have been established by which the degree of risk from conducting economic activities in the sphere of higher education is assessed; special requirements have been determined for the content of a unified act drawn up as a result of a planned measure of state supervision in the sphere of higher education. It is emphasized that the grounds for unscheduled inspections of the State Supervision Service of Ukraine are established not by the legislation on state supervision, but by the legislation on education.

It is proposed to make certain amendments to the current legislation to improve the legal regulation of state supervision in the sphere of higher education: to delimit the subject of state supervision of the Ministry of Education and Science of Ukraine and the State Supervision Service of Ukraine in higher education institutions; to develop and approve a special procedure for conducting unscheduled inspections of higher education institutions of the Ministry of Education and Science of Ukraine; to determine whether the educational ombudsman has the right to run scheduled or unscheduled inspections of higher education institutions by the legislation on state supervision in the sphere of economic activities.

ON THE PROPERTIES OF THE PRINCIPLES OF ADMINISTRATIVE LAW

2026-03-16T10:57:12+00:00

The effectiveness of public administration and the protection of human rights directly depends on the fundamental ideas of legal understanding embedded in society. The principles of administrative law form the universal dimension of law, symbolizing the spirit of law, which is the basis of the legal system. In view of this, the doctrinal approach to the analysis of the European administrative-legal doctrine, as well as the interpretation of the principles of European administrative law, is an extremely important scientific problem that requires further research and development by domestic lawyers.

An organic component of the modern European integration course of Ukraine is the process of harmonizing national legislation with the legal system of the European Union, within which the adaptation of the norms and principles of administrative law acquires special importance. Such adaptation involves not only the formal approximation of regulatory legal acts, but also, more deeply, the perception of the legal standards of the functioning of public administration that have developed within the administrative space of the EU.

An important normative and doctrinal reference point in this direction is the Concept of Administrative Reform in Ukraine, in which, even at the stage of its development, a target was declared for the gradual creation of such a system of public administration that would ensure Ukraine's gradual entry into the circle of highly developed, legal, democratic states of the European type. This document clearly traces the influence of European principles of executive power organization, developed by the practice of the European Union, as well as scientific thought in the field of European administrative law.

ENVIRONMENTAL SECURITY IN THE NATIONAL SECURITY SYSTEM OF UKRAINE: ADMINISTRATIVE AND LEGAL ASPECT

2026-03-24T17:52:40+00:00

Introduction. Security issues in general in the modern realities of the development of the world community are on the agenda among the topical issues. Security issues have always been and remain very important, both in its broadest sense and in sector-specific issues.

Summary of the main results of the study. The article analyzes the administrative and legal aspects of understanding environmental security as an integral part of national security. In particular, the article argues that the current legislation forms the basis for understanding environmental security in the national security system as an integral and leading component of the security system. From the author's point of view, this, in turn, significantly affects the understanding of the need to form a holistic mechanism of administrative and legal regulation in the field of ensuring environmental security as a proper basis for the formation of a single security space of the independent Ukrainian state. At the same time, one cannot ignore the specifics of environmental security as a separate and rather specific object of administrative and legal regulation. It is proved that administrative and legal regulation in the field of ensuring environmental security should be carried out in the general paradigm of security regulation. This approach should find its embodiment, in particular, in the correlation of the goal and objectives of administrative and legal regulation in the field of ensuring environmental security with the goal and objectives of the general legal policy of ensuring national security as a whole (ensuring the protection of state sovereignty, territorial integrity, democratic constitutional order and other vital interests of man, society and the state, the implementation of which ensures the state sovereignty of Ukraine, its progressive democratic development, as well as safe living conditions and the well-being of its citizens from real and potential threats). As follows from the provisions of the current legislation and the practice of its application, the environmental component in the system of ensuring national security is quite significant and is interconnected with all the substantive components of the national security and defense of Ukraine. The legislation provides for a variety of acts issued by public authorities and in respect of which, in appropriate cases, specific methods of protecting violated rights in administrative proceedings can be applied. A proper scientifically based classification of methods of protection of violated rights in administrative proceedings can serve as the basis for developing criteria for the application of both those methods of protection provided for by the Code of Administrative Offenses of Ukraine and those not provided for by the Code.

Conclusion. Thus, it can be stated that the current legislation forms the basis for understanding environmental security in the national security system as an integral and leading component of the security system. This, in turn, significantly affects the understanding of the need to form a holistic mechanism of administrative and legal regulation in the field of ensuring environmental security as an appropriate basis for the formation of a single security space. At the same time, one cannot ignore the specifics of environmental security as a separate and rather specific object of administrative and legal regulation. At the same time, as was proven above, administrative and legal regulation should be carried out in the general paradigm of security regulation, which should find its embodiment in the correlation of the goal and objectives of administrative and legal regulation in the field of ensuring environmental security with the goal and objectives facing the general legal policy of ensuring national security as a whole (ensuring the protection of state sovereignty, territorial integrity, democratic constitutional order and other vital interests of man, society and the state, the implementation of which ensures the state sovereignty of Ukraine, its progressive democratic development, as well as safe living conditions and the well-being of its citizens from real and potential threats). As follows from the provisions of the current legislation and the practice of its application, the environmental component in the system of ensuring national security is quite significant and is interconnected with all substantive components of the national security and defense of Ukraine.

LEGAL AND ETHICAL CHALLENGES OF APPLYING ARTIFICIAL INTELLIGENCE IN THE EDUCATIONAL PROCESS OF HIGHER EDUCATION INSTITUTIONS

2026-03-16T10:57:20+00:00

Introduction. Artificial intelligence (hereinafter referred to as AI) in higher education institutions (hereinafter referred to as HEIs) opens up new opportunities for improving the efficiency of the educational process, personalizing learning, automating assessment and analytics.

Summary of the main results of the study. Artificial intelligence is currently receiving very active attention. In particular, electronic learning platforms are being studied as a means of professional development of specialists; the use of AI in education in general, when obtaining a certain specialty (law, psychology, philology, mathematics, history, translation, journalism, etc.) or within the framework of studying individual disciplines; how artificial intelligence affects human creative abilities; problems of international legal regulation of the use of AI; the relationship between academic integrity and AI; the use of AI technologies in scientific activities; AI in sports, medicine, pharmacy, during intellectual competitions, when drawing up legal documents, curricula; ethical problems of the use of AI: international experience, etc. Currently, Ukraine lacks clear national standards for the use of AI in education, which complicates its lawful and safe application.

Thus, in 2025, the Ministry of Education and Science of Ukraine and the Ministry of Digital Transformation of Ukraine, together with other specialists, developed recommendations for the responsible use of AI in higher education.

After all, the use of AI in higher education is aimed primarily at preparing for classes and extracurricular activities; supporting inclusion, since AI resources are able to convey information to applicants with hearing or speech impairments; creating tests, automated checking of applicants' work; automated preparation of documents, information analysis and making management decisions; improving qualifications through online courses or other educational initiatives, searching for information for self-development, etc.

The role of a teacher in the education system is undeniable. With the advent of AI, there has obviously been a concern that over time AI may replace the classic teacher - a person. Indeed, the role of the teacher is being transformed by AI, as many processes become automated, but AI can create teaching materials in different languages, personalize content to the level of students, and implement adaptive learning. In such a situation, the teacher will be able to focus more deeply on the development of critical thinking, mentoring, and participation in more complex and creative tasks.

It is obvious that AI technologies are not easy to use, but now there are tools that simplify access to AI for people with different levels of user training, thanks to which these technologies become more intuitive and accessible.

Regarding the observance of academic integrity when using AI, as of now this issue does not yet have a regulated mechanism and depends more on the personal integrity of the user, and therefore in some cases the use of AI in educational and scientific activities by teachers and higher education students of all levels may have signs of academic dishonesty.

In addition, one of the key legal challenges in the era of AI is ensuring the protection of personal data of students and teachers.

The issue of ownership of content created with the help of AI also raises serious discussions. Another complex aspect is the issue of legal liability for erroneous decisions or recommendations of AI.

The use of AI in higher education not only opens up broad prospects for improving the quality of educational activities and management processes, but also creates a number of risks in the areas of intellectual property, information security, confidentiality and personal data protection, which require thorough analysis, assessment and proper management.

The relevance of the outlined topic is due to the fact that the use of AI in education makes it possible to introduce innovative approaches to teaching and learning that meet modern challenges and demands of society, contribute to improving the reputation of educational institutions, their ability to adapt to global technological changes, however, despite the significant potential for increasing the efficiency of the educational process, it gives rise to a number of complex legal and ethical problems.

Conclusions. The use of AI in higher education opens up great opportunities, but at the same time poses a number of legal and ethical challenges. Given the above, it should be summarized: artificial intelligence has become an integral element of modern higher education; Ukraine lacks comprehensive national standards for the use of AI in education, which creates legal uncertainty; AI does not replace traditional education, but transforms it, shifting the emphasis from reproductive acquisition of knowledge to the development of practical skills, etc.; The use of AI has significant advantages, including personalization of educational trajectories, increasing the efficiency of the educational process, etc.; in parallel with the advantages of AI, there are a significant number of risks, in particular, dependence on technology, a decrease in the level of independence and critical thinking of students, etc.; the problem of academic integrity remains one of the most acute; the legal regulation of copyright for content created by AI remains complex and debatable; the protection of personal data and privacy is a key condition for the legitimate use of AI in higher education; the safe implementation of AI requires a systemic approach; the ethical and responsible use of AI in higher education should be based on European ethical principles; further effective integration of AI in higher education is impossible without the development of digital and AI competencies of teachers, students and management personnel.

CRITERIA FOR CLASSIFICATION OF METHODS OF PROTECTION OF VIOLATED RIGHTS IN ADMINISTRATIVE JUDICIAL PROCEEDINGS

2026-03-16T10:57:31+00:00

Introduction. Methods of protection of violated rights in administrative proceedings are a holistic and effective system designed to be applied to various factual circumstances related to the violation of rights, freedoms and legitimate interests of a person. In this regard, each individual method of protection, both directly provided for by law and in itself, can be effective only in a specific situation caused by an existing violated right or legitimate interest in the public legal sphere. A mandatory condition for providing legal protection by an administrative court is the presence of a corresponding violation by a subject of power of the rights, freedoms or legitimate interests of a person at the time of his appeal to the court. The violation must be real, affect (relate) usually individually expressed rights or legitimate interests of the person who claims their violation.

Summary of the main results of the study. It has been proven that the methods of protecting violated rights in administrative proceedings, which are applied to the actions of the relevant subjects of power, have their own specifics depending on this or that subject, which has a purely practical significance. Therefore, when it comes to the application of such a method of protecting violated rights as recognizing the actions of a military management body as unlawful and the obligation to refrain from committing certain actions, then in this case the following should be understood. First of all, the specifics of military legislation as an interconnected and orderly system of regulatory legal acts of Ukraine and current international treaties in the field of organization and functioning of the security and defense sector of Ukraine. Secondly, the status of military management bodies, because such bodies are understood by paragraph 18 of Article 1 of the Law of Ukraine "On the Defense of Ukraine" as the Ministry of Defense of Ukraine, other central executive bodies that manage military formations formed in accordance with the laws of Ukraine, the General Staff of the Armed Forces of Ukraine, other headquarters, departments, commands, permanent or temporarily established bodies in the Armed Forces of Ukraine and other military formations, designated to perform functions of management, within their competence, of troops (forces), formations, military units, military educational institutions, institutions and organizations that fall within the scope of management of central executive bodies, as well as territorial recruitment and social support centers that ensure the implementation of legislation on military duty and military service, mobilization training and mobilization. Thirdly, the peculiarities of military-service legal relations, which are related to the activities of military management bodies, and which determine the specifics of their actions, which should be taken into account within the framework of the consideration of an administrative case. Accordingly, there is reason to assert that the criterion of dividing the methods of protection by the subject of power has not only theoretical, but also purely practical significance.

Conclusion. The legislation provides for a variety of acts issued by public authorities and to which, in appropriate cases, specific methods of protecting violated rights in administrative proceedings may be applied. A properly scientifically substantiated classification of methods of protecting violated rights in administrative proceedings may serve as the basis for developing criteria for applying both those methods of protection provided for by the Code of Administrative Offenses of Ukraine and those not provided for by the Code.

CRIMINOLOGICAL DOCTRINE AS A COMPLEX OF THE CRIMINOLOGICAL SYSTEM OF UKRAINE

2026-03-16T10:57:47+00:00

Introduction. Based on the results of empirical and theoretical research, the article examines the understudied issue of complexity within criminological science through the understanding of the criminological doctrine as a key complex of the criminological system of Ukraine. A number of arguments are provided to substantiate the relevance of the issues under study. The fragmented nature of knowledge on this topic is explained by the limited interdisciplinary (interbranch) interpretation of the concept of complexity both in the field of legal science in general and in criminology in particular. The aim of the study is to explore the external-system and internal-system characteristics of the complexity of criminological theory as a distinct level of the criminological system of Ukraine. The results of the study are based on the dialectical method, its individual principles, laws, and categories. The conceptualization of the problem of complexity in criminological science is grounded in the general scientific methodology of the systems approach.

Summary of the main results of the study. The complex nature of criminological doctrine is revealed through: conducting a discussion on the issue of considering criminology as a “complex” science; identifying intersystem connections of criminology with other sciences of the criminal law block; providing arguments in favor of the systemic nature of crime; presenting a scientific description of the internal-system integrity of the criminological doctrine across all elements of the subject of criminology; and evaluating traditional views on the scope of criminological science.

Conclusion. It is substantiated that the understanding of complexity is possible through the criminological system of Ukraine; the criminological doctrine is the foundation of such a systemic object; criminology itself is not a complex science; crime is a social system; and the classical subject of criminological science should be expanded.

MILITARY HONOR AND DIGNITY AS OBJECTS FOR CRIMINAL AND LEGAL PROTECTION

2026-03-16T10:57:52+00:00

The honor and dignity of military personnel are under criminal law protection starting from March 2022. Exactly at that time the norm provided for in Art. 435-1 of the Criminal Code of Ukraine, which recognized as a criminal offense the insult to honor and dignity, the threat of murder, violence or destruction or damage to property of a military personnel, was included into the legislation on criminal responsibility. In this norm, military honor and dignity are considered as a type of professional honor and dignity. Therefore, it is relevant and necessary to provide their characteristics as objects of criminal law protection.

The article considers the main scientific approaches to the definition of the honor and dignity of a person in general and the professional honor and dignity of a military personnel as objects of criminal law protection. Their content and features are analyzed. The fact is stated that the honor and dignity of a person, unlike the honor and dignity of a military personnel, are not protected by criminal law means. The author's definition of the concepts of military honor and dignity as objects of criminal law protection is given. It is emphasized that insult mentioned in Art. 435-1 of the Criminal Code of Ukraine should be considered as a manifestation of criminal mental violence along with threats.

Criminalization of insults and threats to a military personnel is the first and important step in criminal law to ensure the protection of professional honor and dignity of servicemen. The next step should be the criminalization of acts against the honor and dignity of any person, but taking into account the modern conditions of existence of Ukrainian society. Constitutional provisions that honor and dignity of a person are the highest social values in our country should be reflected in the legislation on criminal responsibility.

TRENDS IN LAW ENFORCEMENT PRACTICE REGARDING ILLICIT ENRICHMENT CASES

2026-03-16T10:57:58+00:00

This article examines key trends in law enforcement practice of courts and anticorruption institutions under Article 368⁵ of the Criminal Code of Ukraine (“Illicit Enrichment”), which entered into force in 2019. Despite the significant interest of the legal community and civil society with regard to matters of illicit enrichment, Ukrainian legal science currently lacks systematic academic research on the practical application of Article 368⁵ of the Criminal Code of Ukraine. Conducting a comprehensive scholarly analysis of the relevant enforcement trends is particularly important, as in corruption-related offenses judicial and investigative practice plays a decisive role in developing approaches to the assessment of evidence and understanding the elements of the crime.

Based on the results of the research, the article identifies six main trends in the law enforcement practice under Article 368⁵ of the Criminal Code of Ukraine: 1) initial detection of illicit enrichment signs is usually performed by the National Agency on Corruption Prevention (NACP); 2) anti-corruption bodies tend to equate the notions of “lawful income” and “taxed income” when qualifying illicit enrichment; 3) registering assets in the name of third parties does not shield a person from illicit enrichment charges; 4) to date, there are no known cases in Ukraine where “atypical” categories of assets (e.g. reduction in financial liabilities or gratuitous services) have been traced as the object of illicit enrichment; 5) during legal qualification, Article 368⁵ is often combined with Article 366² (“Declaring of false information”) and Article 209 (“Legalization [Laundering] of Property Obtained by Criminal Means”) of the Criminal Code of Ukraine; 6) consistent judicial practice under Article 368⁵ of the Criminal Code of Ukraine has not yet been established.

The article concludes that law enforcement and judicial practice under Article 368⁵ of the Criminal Code of Ukraine (“Illicit Enrichment”) remains at the formative stage. Despite the evident public demand and active efforts of anti-corruption bodies, as of October 2025, only two judgments of the High Anti-Corruption Court (HACC) have been delivered under Article 368⁵ of the Criminal Code, both based on plea agreements. The absence of consistent case law currently prevents drawing definitive conclusions as to which types of evidence courts will consider relevant, admissible, and sufficient to establish a person’s guilt in committing the crime of illicit enrichment beyond a reasonable doubt in criminal proceedings.

REVIEW OF A PERSON IN UKRAINIAN CRIMINAL PROCEEDINGS: A SYSTEM ANALYSIS AND PROBLEMS OF LAW ENFORCEMENT

2026-03-16T10:58:03+00:00

Introduction. In modern criminal proceedings, review of a person is one of the most controversial investigative actions, as it combines the need to obtain evidentiary information with direct interference in a person’s privacy. The absence of clear normative distinctions between review of a person, inspection, search, and forensic expertise creates risks of arbitrary application of procedures, which in turn affects the admissibility of evidence and the consistency of judicial practice. The purpose of this article is to conduct a systemic analysis of the nature, structure, and legal regulation of review of a person, to identify key problems of law enforcement, and to formulate approaches to assessing procedural defects. The methodological basis includes dialectical, systemic-activity, formal-legal, and comparative legal methods.

Summary of the main results of the study. It is argued that review of a person should be regarded as a controlled procedure consisting of specific elements: subjects of conduct (investigator, prosecutor, specialist), the object (a person’s body and clothing), procedural conditions (factual and legal grounds), and the result (a protocol with annexes). Analysis of Supreme Court practice revealed inconsistency in the qualification of procedural violations, ranging from overlapping procedures (review–inspection–search) to defects in a person’s status or procedural documentation. A three-level classification of violations is proposed: a) absolute defects (serious violations of rights and freedoms that always result in inadmissibility of evidence); b) conditionally admissible defects (procedural shortcomings requiring assessment of their impact on the parties’ rights); c) technical defects (minor formal errors that do not undermine the reliability of results). It is established that judicial practice is generally oriented toward evaluating the actual impact of procedural deviations on the guarantees of a fair trial, which is consistent with the case law of the European Court of Human Rights.

Conclusions. Review of a person in criminal proceedings should not be seen as a purely technical act, but as a complex process in which any defect may affect the evaluation of evidence. Resolving inconsistencies in practice requires clear normative differentiation of procedures, unification of methodological guidelines, the use of modern recording tools (including video recording), and the development of a doctrine distinguishing between essential violations and technical errors. This approach will ensure a proper balance between the effectiveness of pre-trial investigation and the protection of individual rights.

THE SUBJECT OF LEGALIZATION (LAUNDERING) OF CRIMINALLY OBTAINED PROPERTY, COMMITTED WITH THE USE OF VIRTUAL ASSETS

2026-03-16T10:58:10+00:00

Introduction. The current level of crime is marked by the active use of virtual assets, which act as an object, means, source of profit from illegal actions, and are also subject to confiscation within the framework of criminal proceedings. In this regard, questions logically arise regarding the determination of their place in the structure of the composition of a criminal offense.

Summary of the research results. The article attempts to summarize existing views on the problems of defining virtual assets as the subject of a criminal offense, in particular in criminal proceedings regarding the legalization (laundering) of property obtained by criminal means. The author's view on the definition of this concept is proposed.

Conclusions. The results of the study concluded that the subject of legalization (laundering) of property obtained through criminal means using virtual assets are the virtual assets themselves, which were obtained as a result of a criminal offense, as well as the proceeds derived from them. This includes any assets obtained directly or indirectly as a result of a crime, which are then used to conceal or disguise their illegal origin through financial transactions, including with virtual assets.

INTERNATIONAL LEGAL MECHANISM FOR PROTECTING CHILDREN’S ENVIRONMENTAL RIGHTS AT THE INTERNATIONAL UNIVERSAL LEVEL

2026-03-16T10:58:13+00:00

Introduction. The article examines the peculiarities of the formation and functioning of the international legal mechanism for protecting children’s environmental rights at the international universal level within the framework of the United Nations. The author justifies the relevance of the topic by emphasizing children’s particular vulnerability to environmental harm and the absence of a unified binding international instrument that comprehensively integrates children’s rights and environmental protection.

Summary of the main research results. The central element of the international system for the protection of children’s rights is the 1989 UN Convention on the Rights of the Child, whose provisions – interpreted by the Committee on the Rights of the Child – include the environmental dimension of such fundamental rights as the right to life, health, development, education, rest, and an adequate standard of living. The article analyses General Comments Nos. 7, 15, 16, 17, and especially No. 26 (2023), which for the first time explicitly recognizes the right of children to a clean, healthy, and sustainable environment and clarifies states’ obligations regarding climate change. It also reviews the Committee’s practice, including the landmark Sacchi v. Argentina et al. case, which affirmed the cross-border responsibility of states for the harmful effects of climate change. The study highlights the role of the UN Human Rights Council, the Special Rapporteur on Human Rights and the Environment, and the Children’s Environmental Rights Initiative (CERI) in strengthening child participation in environmental decision-making and developing standards for child-centred environmental governance.

Conclusion. The protection of children’s environmental rights has gradually become an integral part of the modern international human rights agenda. Despite notable normative and institutional progress, implementation remains uneven. Strengthening coordination among UN bodies, integrating environmental considerations into child rights policies, and ensuring children’s participation in decision-making are key prerequisites for transforming recognized legal principles into enforceable international standards.

THE BIRTH OF THE MODERN SOVEREIGN STATE AND THE “DEPERSONALIZATION” OF INTERNATIONAL LAW (LATE 16TH – EARLY 19TH CENTURY)

2026-03-16T10:58:16+00:00

In the article the historical and legal analysis of the process of establishing a modern sovereign state and its consequences for the architecture of international law in the period of late 16th – early 19th centuries has been conducted. It is shown that the establishment of sovereignty as the basic principle of political organization led to a radical transformation of the international legal order – from medieval universalism with a multi-layered structure of power and a multiplicity of subjects to a statecentered system in which the state itself is the sole and exclusive bearer of international legal personality.
It has been proven that the process of “depersonalization” of international law, i.e., the displacement of the individual from the circle of direct subjects of legal relations, was a natural result of the formation of modern statehood. In the medieval order, certain categories of persons (merchants, diplomats, privileged corporations) could participate in international relations. However, with the transition to sovereignty, conceptually formulated in the works of Jean Bodin and Hugo Grotius, and later enshrined in the doctrine of Pufendorf, Bynkershoek, and Vattel, international law acquired a distinctly institutional, inter-state character. The Peace of Westphalia in 1648 symbolized this transformation by adopting the principles of territorial integrity, equality, and non-interference as the basis for international relations. These basic principles defined (these dominant principles defined) the state as a single, fully-fledged legal entity in the international arena. A historical and legal analysis of the process of establishing a modern sovereign state and its consequences for the architecture of international law in the early modern period (late 16th – early 19th centuries) has been conducted. It is shown that the establishment of sovereignty as the basic principle of political organization led to a radical transformation of the international legal order – from medieval universalism with a multi-layered structure of power and a multiplicity of subjects to a state-centered system in which the state itself is the sole and exclusive bearer of international legal personality.
It has been proven that the process of “depersonalization” of international law, i.e., the displacement of the individual from the circle of direct subjects of legal relations, was a natural result of the formation of modern statehood. In the medieval order, certain categories of persons (merchants, diplomats, privileged corporations) could participate in international relations. However, with the transition to sovereignty, conceptually formulated in the works of Jean Bodin and Hugo Grotius, and later enshrined in the doctrine of Pufendorf, Bynkershoek, and Vattel, international law acquired a distinctly institutional, interstate character. The Peace of Westphalia in 1648 symbolized this transformation by adopting the principles of territorial integrity, equality, and non-interference as the basis for international relations. These basic principles defined (these dominant principles defined) the state as a single, fully-fledged legal entity in the international arena. A historical and legal analysis of the process of establishing a modern sovereign state and its consequences for the architecture of international law in the early modern period (late 16th – early 19th centuries) has been conducted. It is shown that the establishment of sovereignty as the basic principle of political organization led to a radical transformation of the international legal order – from medieval universalism with a multi-layered structure of power and a multiplicity of subjects to a state-centered system in which the state itself is the sole and exclusive bearer of international legal personality.
It has been proven that the process of “depersonalization” of international law, i.e., the displacement of the indi-vidual from the circle of direct subjects of legal relations, was a natural result of the formation of modern statehood. In the medieval order, certain categories of persons (merchants, diplomats, privileged corporations) could participate in international relations. However, with the transition to sovereignty, conceptually formulated in the works of Jean Bodin and Hugo Grotius, and later enshrined in the doctrine of Pufendorf, Bynkershoek, and Vattel, international law acquired a distinctly institutional, inter-state character. The Peace of Westphalia in 1648 symbolized this transformation by adopting the principles of territorial integrity, equality, and non-interference as the basis for international relations. These basic principles defined (these dominant principles defined) the state as a single, fully-fledged legal entity in the international arena.
Special attention is paid to the intellectual and conceptual aspects of the process of depersonalization: the transition from dynastic-personal logic of foreign relations to rationalized interaction between states; the formation of institutional diplomatic and military mechanisms; the consolidation of the doctrine of war as the prerogative of sovereigns. These changes were accompanied not only by a narrowing of the legal visibility of the individual, but also by the establishment of a positivist approach to international law as a system that regulates exclusively inter-state relations.e relationship between sovereignty and human rights, international responsibility of states, and legal personality of the individual. It is emphasized (the conviction is expressed) that studying the history of the depersonalization of international law allows for a better understanding of the origins of the modern global legal order and the contradic.
Appropriate generalizations and conclusions have been made, in particular noting that the historical displacement of the individual from the international legal order had long-term consequences for the structure of international law in the 19th and 20th centuries, but at the same time laid the foundation for contemporary discussions about thtions that still determine the balance between the state and the individual in the international legal system.

INTERNATIONAL LEGAL SECURITY MECHANISMS IN THE CONTEXT OF CONTEMPORARY GLOBAL CHALLENGES

2026-03-16T10:58:21+00:00

The article examines the current problems of the functioning of international legal mechanisms of security cooperation in the context of today's global challenges, in particular through the prism of the ongoing full-scale armed aggression against Ukraine. Attention is drawn to the key challenges of the modern international security system, which are manifested in the abuse of the veto right by permanent members of the UN Security Council, the selectivity of compliance with the provisions of international law, the lack of effective mechanisms for resolving military conflicts and bringing perpetrators to justice, which has led to a crisis in the modern institutional capacity of international entities for ensuring security and peace. The presence of functional limitations of the UN Security Council is established, which is associated with structural shortcomings of the decision-making mechanism, including the predominance of the interests of individual states over the key principles of global security and international peace.

The focus is on the inability of the modern system of security cooperation to fully guarantee peace and stability in the world, which is associated with the inability to use political, legal and military-technical instruments. It is noted that the example of full-scale aggression against Ukraine only emphasized the critical inability of the international community to respond to threats to peace and security, especially in cases where the military attack was carried out by a country that has undertaken to protect such peace. It is established that there is excessive political involvement in the decision-making process within international organizations, which prevents the formation of effective mechanisms for countering violations of international law. It is noted that there are actually no real mechanisms for enforcing the decisions of international judicial institutions, since even the decisions of the International Court of Justice and the European Court of Human Rights are not binding, especially when there is no political will to implement them. It has been established that in the conditions of the modern security situation there is a need for a comprehensive review of approaches to ensuring peace and security, including in the context of the abolition or real restriction of Russia's veto right in conditions of armed aggression and mass violations of human rights.

ENSURING THE RIGHT TO EDUCATION IN THE CASE LAW OF THE ECTHR: STANDARDS OF EQUALITY AND CONTEMPORARY CHALLENGES

2026-03-16T10:58:24+00:00

Introduction. The article analyses international legal standards for ensuring the right to education, based on the case law of the European Court of Human Rights. It explores how the Court develops the concept of equal access to education, the prohibition of discrimination and the balance between the right to education and freedom of belief.

Summary of the main research findings. Central to the analysis is the ECtHR’s case law concerning discrimination against Roma children, including D.H. and Others v. the Czech Republic, Horvath and Kiss v. Hungary, Orsus and Others v. Croatia, and Sampanis and Others v. Greece. These landmark judgments have helped shape the Court’s approach to prohibiting indirect discrimination as well as promoting inclusive education.

Other categories of cases were also examined, which reveal the multidimensionality and diversity of educational rights, allowing for a comprehensive analysis of the Court’s approaches to ensuring a balance between the interests of society, the state, and the individual.

In addition, the article also examines judgments defining the limits of state interference in the exercise of freedom of belief in education (Lautsi v. Italy, Papageorgiou and Others v. Greece, Leyla Sahin v. Turkey). Other categories of cases were also reviewed which reveal the multidimensionality and diversity of educational rights, allowing for a comprehensive analysis of how the Court seeks to balance the interests of society, the state, and the individual. The study demonstrates that the right to education encompasses not only formal access to educational institutions but also a broad range of social and legal guarantees – equal opportunities, respect for diversity, freedom of belief, inclusiveness, and non-discrimination in the educational process.

Special attention is paid to the contemporary challenges posed by the war in Ukraine, which have jeopardized the realization of children’s rights (including educational rights) as children are the most vulnerable group. The author emphasizes that compliance with ECtHR standards should serve as a key benchmark for the Ukrainian state.

Conclusion. The article argues that the ECtHR’s case law has been forming a systemic doctrine of educational rights, in which the concept of genuine (rather than merely formal) equality and the positive obligations of states play a central role. The Court consistently stresses that states must not only refrain from violations but also take proactive measures to prevent discrimination and ensure effective access to education.

INTERNATIONAL UNIVERSAL INSTITUTIONAL MECHANISM FOR HUMANITARIAN ASSISTANCE IN CRISES

2026-03-16T10:58:27+00:00

Introduction. The issue of providing humanitarian assistance is highly relevant for all categories of individuals suffering from the consequences of armed conflicts, epidemiological and environmental disasters etc. The international universal system of humanitarian assistance aims to alleviate the suffering of affected individuals. A number of institutions with different areas of competence take part in this noble mission.

Summary of the main research findings. The article examines the activities of institutions specially established under the auspices of the United Nations in the field of humanitarian assistance. In particular, it defines the role of the UN Office for the Coordination of Humanitarian Affairs, which coordinates its activities with multiple actors involved in the process. The article characterizes the activities of specialized UN agencies, including the Office of the United Nations High Commissioner for Refugees (UNHCR), the World Food Programme (WFP), the World Health Organization (WHO), the Food and Agriculture Organization (FAO), the International Organization for Migration (IOM), the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), and the United Nations Development Programme (UNDP), each contributing to the overall support of vulnerable population groups. Particular attention is given to the importance of financial support provided to humanitarian operations, highlighting the roles of the Central Emergency Response Fund (CERF) and Country-Based Pooled Funds (CBPFs), among others.

Conclusions. Under the auspices of the United Nations, a universal international humanitarian system has been established, consisting of a broad network of actors – including dedicated institutions, financial entities, and specialized UN agencies – which has evolved over the years to effectively respond to humanitarian crises since the adoption of UN General Assembly Resolution 46/182 on strengthening of the coordination of humanitarian emergency assistance. These institutions continually innovate and adapt their practices to deliver more effective, rapid, and responsive assistance tailored to individuals’ specific needs. Despite the sustained efforts of humanitarian organizations, the delivery of aid still fails to meet all the needs of vulnerable population groups. Beyond insufficient funding, humanitarian operations face other major challenges – insecurity, complex logistics, bureaucratic barriers, and the actions of certain authorities who deliberately use or restrict humanitarian aid for their own benefit. The absence of political conditions necessary for effective humanitarian response, including the failure of conflict parties to honour their commitments and to comply with international humanitarian law, further exacerbates these challenges.

ACTIVITIES OF THE UN SPECIAL PROCEDURES IN THE FIELD OF ENSURING THE RIGHT TO AN ADEQUATE STANDARD OF LIVING

2026-03-16T10:58:32+00:00

ABSTRACT. Introduction. This article is dedicated to the activities of the United Nations Special Procedures in ensuring and promoting the right to an adequate standard of living (the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context; the Special Rapporteur on the right to food; and the Special Rapporteur on the human rights to safe drinking water and sanitation).

Summary of the main results of the study. It is noted that the Special Procedures are independent human rights experts who are empowered to report on and provide advice regarding human rights, either from a thematic or a country-specific perspective. The Special Procedures system is a key element of the United Nations' human rights mechanism, covering all human rights: civil, cultural, economic, political and social. Special Rapporteurs fulfil their duties in their personal capacity and are not UN staff members. Their independent status is crucial in enabling them to perform their functions with complete impartiality. The article outlines the main working methods of Special Rapporteurs, which include submitting annual reports; engaging with states and other stakeholders on alleged cases of rights violations within their mandate; undertaking country visits; preparing and publishing thematic reports; and reviewing complaints regarding alleged rights violations through communications procedures. It is emphasised that country visits are a vital component of the Special Procedures' mandates, aimed at obtaining first-hand information and providing recommendations to states.

Conclusion. Despite their significant contribution to protecting the right to an adequate standard of living, the effectiveness of Special Procedures remains vulnerable to external factors, such as dependence on the political will of states, limited resources and the potential politicisation of their work. It requires effective cooperation between states and special rapporteurs during their visits to countries and in response to reports; strengthening follow-up mechanisms to monitor the implementation of special procedures' recommendations; deepening inter-mandate cooperation, which will allow for a more comprehensive approach to interrelated challenges, the development of comprehensive solutions and the avoidance of duplication of activities.

INTERNATIONAL REGIONAL FINANCIAL ORGANIZATIONS AND THEIR COOPERATION WITH UKRAINE

2026-03-16T10:58:36+00:00

Introduction. Ukraine's cooperation with regional economic organizations is a key factor in the integration of states into the world economic space and strengthening its international status as one of the leading states of Central and Eastern Europe. In modern conditions of globalization and regionalization of international relations, regional organizations, such as the European Union (EU), the Organization for Democracy and Economic Development - GUAM, the Organization of the Black Sea Economic Cooperation (BSEC), as well as international financial institutions of a regional nature (EBRD, EIB, BSTDB), act as advertising partners. Ukraine. Legal support for cooperation with them is implemented at two levels: international (through international treaties, agreements and membership in relevant organizations) and national (through legislative consolidation and adaptation of norms to the Ukrainian legal space). These processes require detailed scientific analysis and development of practical recommendations to increase their effectiveness. The presented publication is dedicated to the search for relevant ways to solve the problems of international legal support for the development of Ukraine's cooperation with regional economic organizations.

Summary of the main results of the study. In the course of the study, the author analyzed the international legal foundations of the functioning of regional financial organizations. Regional financial organizations (RFOs) are created on the basis of multilateral international agreements that are binding on the participating states. They are endowed with the status of international organizations. The most significant RFOs cooperating with Ukraine include: the European Bank for Reconstruction and Development (EBRD), the European Investment Bank (EIB), the Black Sea Bank for Trade and Development (BSDT). Ukraine's cooperation with the RFO operates on the basis of: multilateral founding treaties, bilateral agreements (for example, the Framework Agreement with the EIB), national legislation (the Law of Ukraine "On International Treaties of Ukraine"), etc.

The created legal conditions provide for: compliance with the principles of the rule of law, transparency, and the fight against corruption; granting RFOs immunities and privileges; guarantees of the proper use of financial resources. We have analyzed the main problematic issues and gaps in the international legal support of Ukraine's cooperation with the RFOs, identified the main problems and possible ways to further improve the legal support of such cooperation.

The author includes the following problematic aspects: bureaucratic barriers and low efficiency of the use of funds; insufficient harmonization of national legislation with international standards; difficulty in ensuring transparency and anti-corruption control. Among the promising areas of work to improve Ukraine's cooperation with the RFOs, the author identifies the following: intensification of cooperation within the framework of the post-war reconstruction program ("Rebuild Ukraine"); involvement of the RFOs in "green" and digital projects; creation of a single coordination body in Ukraine for interaction with international financial institutions.

Conclusion. Regional financial organizations are a number of international legal entities that form a modern system of economic governance. For Ukraine, cooperation with the EBRD, EIB and BSEC is of strategic importance, providing financial support, reconstruction and integration into the European economic space. The international legal support of this cooperation is based on founding treaties, bilateral agreements and national legal acts. At the same time, the effectiveness of interaction depends on internal reforms, determination of legal quality and the fight against corruption. In the future, Ukraine should strengthen its legal status in relations with the Russian Federation, ensure the effective use of international resources, and expand the scope of cooperation for successful post-war reconstruction and integration with the EU.

TRANSITIONAL JUSTICE: EVOLUTION, PRINCIPLES, MECHANISMS OF IMPLE-MENTATION

2026-03-16T10:58:42+00:00

Introduction. The article is devoted to the results of a comprehensive study of the phenomenon of transitional justice as a conceptual and practical model of post-conflict reconstruction aimed at ensuring accountability, establishing the truth, reparation and guarantees of non-repetition in states experiencing or emerging from periods of mass human rights violations, armed conflicts or authoritarian rule. The relevance of the topic is due to the urgent need of states in the post-conflict period to ensure the restoration of the rule of law, strengthen the rule of law and restore the public's trust in state institutions. Over the past decades, transitional justice has transformed into an interdisciplinary direction that encompasses international law, criminal law, and political science. At the same time, the concept continues to evolve, responding to modern challenges, such as hybrid wars, mass internal population displacements during crises, digital crimes, memory manipulation and demands for broader civil society participation in post-conflict reconstruction processes.

Summary of the main research findings. The article traces the historical evolution of the concept of transitional justice from the first post-conflict processes after World War II to its integration into national legislation and international peace policy. It is shown that transitional justice was formed under the influence of several key stages. First, the Nuremberg and Tokyo models, which laid the foundation for international criminal responsibility. The second stage was marked by a turn to truth and reconciliation in Latin America (Chile, Argentina, El Salvador), which actualized the role of restoring the truth and acknowledging crimes in order to prevent their repetition and prevent the radicalization of society. The third stage was the spread of hybrid models, including the Truth and Reconciliation Commission of South Africa. Today, the concept is being institutionalized in international law, in particular through the creation of the ICC.

Based on the analysis, the author identifies four classic components of transitional justice: the right to truth (documentation of crimes, the work of truth commissions, preservation of memory), justice (criminal prosecution of persons responsible for serious violations), reparation (compensatory and symbolic forms, rehabilitation of victims), guarantees of non-repetition (institutional reforms of the security sector, the judicial system, constitutional changes).

The article analyzes the main models of implementation of transitional justice mechanisms: criminal judicial models (domestic, international, hybrid tribunals); truth and reconciliation models; compensation and restitution programs; models of institutional reform. Particular attention is paid to the balance between punishment and reconciliation. It is shown that successful models do not oppose criminal justice and restorative justice, but combine them depending on the political context, state capabilities and societal expectations.

Conclusion. In the conclusions, the author systematizes the key findings of the study and emphasizes that transitional justice is not a universal model, but a flexible framework that adapts to the unique political, social and legal conditions of each state. The article emphasizes that the effectiveness of transitional justice mechanisms is determined not only by legal instruments, but also by the level of political will, public participation, support from international partners and the state’s ability to build institutions focused on human rights.

It is emphasized that transitional justice plays a critical role in post-conflict state-building, as it ensures the restoration of trust in justice institutions, recognition of the suffering of victims, the formation of a culture of memory, the transformation of society through reforms, long-term stability and the prevention of new conflicts.

The author concludes that the future of transitional justice depends on the ability of the international community and national governments to integrate new technologies, strengthen victim protection, ensure accountability for new types of crimes (including cyber and environmental crimes), and adapt approaches to the increasing complexity of contemporary conflicts. Transitional justice remains a key tool for finding a balance between justice, reconciliation, and sustainable peace.