The Journal of V. N. Karazin Kharkiv National University. Series Law https://periodicals.karazin.ua/law <p style="text-align: justify;">A wide range of topical political and legal issues is highlighted, including: the problems of the formation and development of civil society and the rule of law in Ukraine; problems of ensuring human rights; problems of fighting crime and protecting public order; problems of improving national legislation and law enforcement practice.</p> <p style="text-align: justify;">The Journal is a specialized publication in the field of legal sciences,&nbsp;Ministry of Education and Science of Ukraine from 17.03.2020 y. №&nbsp;409 (Annex 1) are included in the category "B" list of scientific professional publications of Ukraine in the field of Jurisprudence:&nbsp;081 «Law», 262 «Law enforcement»&nbsp;and 293 «International Law».</p> <p style="text-align: justify;">For lawyers, politicians, academics and practitioners, students and postgraduates, as well as anyone interested in legal theory and law practice.</p> V. N. Karazin Kharkiv National University en-US The Journal of V. N. Karazin Kharkiv National University. Series Law 2075-1834 Law practice in Ukraine in the aspect of implementation of general European standards of the organization of legal activities (theoretical and legal aspect) https://periodicals.karazin.ua/law/article/view/22429 <p>The article examines the development directions of the advocacy institute based on the analysis of the content of the special legislation of Ukraine. In the aspect of intensifying the processes of European integration of Ukraine, as a candidate state for joining the European Union, the main factors of reforming the institution of advocacy of the self-governing bodies of the advocates are analyzed, the priorities of the reform of the legislation on advocacy are outlined, taking into account the problems of the practice of advocacy. On the basis of a systematic analysis of international and bilateral documents, the latest amendments to the Law of Ukraine "On the Bar of Ukraine" and laws on the implementation of the rights and freedoms of a person and a citizen of Ukraine provided for by the Constitution, aspects of the practical implementation of the principles of the rule of law, strict adherence to the constitutional provisions of the law, democracy, social expediency, principles of scientific validity, systematicity and coherence, interconnection and interaction of legislative acts, priority of generally recognized norms and principles of international law in relation to national legislation.</p> <p>The conclusion that the main task in the process of practicing law is to highlight the processes of reforming the institution of advocacy and the mechanisms for ensuring the development of special legislation is substantiated. Special emphasis is placed on improving the self-government of lawyers, guarantees for the protection of the professional rights of lawyers, and strengthening the qualification requirements for persons who must gain access to the profession of lawyer.</p> Artem Beresten Copyright (c) 2023 Артем Берестень http://creativecommons.org/licenses/by/4.0 2023-12-13 2023-12-13 36 8 15 10.26565/2075-1834-2023-36-01 Professor of Kharkiv University A. M. Stoyanov as a historian of law https://periodicals.karazin.ua/law/article/view/22649 <p><em>Introduction</em>. The article highlights the main milestones of the professional development of Kharkiv University professor A. Stoyanov and his scientific activity in the field of history of law. It was found that modern researchers who, in the course of their scientific research, turned to the analysis of his works, for certain reasons, emphasize primarily the work of the scientist in the field of international law, but usually do not pay any attention to the extremely wide range of historical and legal research of the scientist, which in his scientific creativity, he himself took far from the last place in terms of importance and volume. This is what determined the topic of this article.</p> <p><em>Summary of the main results of the study</em>. It is noted that one of the most interesting historical and legal works by A. Stoyanov's monograph "History of Advocacy among Ancient Peoples", in which the monuments of law and legal thought of Egypt, India, ancient Jews, Greeks and Romans were analyzed. The embryo of the Institute of Advocacy A.&nbsp;Stoyanov saw precisely in the ancient Greek synegory. His historical and legal studies "Historical analogies and points of intersection of new legislation with ancient law", "The beginnings of family law among primitive peoples", "Family law and inheritance among Jews" and published by the publishing house of Kharkiv University in separate brochures aroused considerable interest among scientists and students of that time, "Family, marriage, and the legal position of women according to the legislative monuments of India", "Customary law in the history of the most important states of Europe and especially France", "Customs of society and courts in France from the end of the 17th century. until 1789". A certain result of this stage of his studies of ancient law was the publication of the author's lectures devoted to the history of the legislation of the countries of the East.</p> <p>Some scientific research carried out by Professor Stoyanov at one time caused heated discussions and controversies. Among these, first of all, we can mention the work "Historical analogies and points of intersection of new legislation with ancient law", which was published in 1883 and was an extremely interesting attempt at diachronic comparative research, one of the first that was carried out in the universities of Eastern Europe. He was an ardent supporter of comparative and especially historical methods of studying legal institutions. He used them widely when writing his scientific works. The scientist published a significant part of his works in the journal "Notes of the Kharkiv University". One of the most interesting historical and legal studies, which has not lost its relevance even today, is the work "Criminal Law of Rome from the earliest times to Justinian inclusive", published here in 1895.</p> <p><em>Conclusion.</em> The conclusion that A. Stoyanov was a bright representative of that generation of lawyers of the Kharkiv school, whose work created the foundation of the modern national science of the history of law. His works, which during the Soviet era were forgotten for ideological reasons and only briefly mentioned by researchers, contain many layers of valuable historical and legal information and deep scientific conclusions. The merits of the scientist in the future have yet to be fully assessed by the next generation of lawyers.</p> Oleksandr Havrylenko Copyright (c) 2023 Олександр Гавриленко http://creativecommons.org/licenses/by/4.0 2023-12-13 2023-12-13 36 16 24 10.26565/2075-1834-2023-36-02 Language as an object of interdisciplinary research: methodological aspects in the context of development trends of political and legal spheres in modern conditions https://periodicals.karazin.ua/law/article/view/22738 <p><em>Тhe article is devoted to the identification and analysis of the main methodological assets of interdisciplinary studies of the phenomenon of language at the interface of various social sciences and disciplines (in particular, jurisprudence, linguistics, sociology, political science, geopolitics, marketing management) and the consequences of their use in the context of the significance of their influence on the development of political of the legal sphere at the state and world levels in the conditions of modern reality. Particular attention is paid to the patterns of the emergence of specific linguistic political and social phenomena ("new languages", "languages of Nazism", global language) and the transformation of ideas about language in the light of the use of marketing tools in the field of language policy. Special attention is paid to the study of the main regularities of the influence of the globalization factor on the linguistic space of the world in the context of the problems of violation of the "linguistic balance of languages" and the use of language as a tool of "soft power".</em></p> <p><em>It was found that legal linguistics, political linguistics and sociolinguistics are key subdisciplines in the linguistic field in the political and legal context. Based on the study of the influence of the globalization factor on the language space, it was found that among its consequences is the emergence of a new political language, the key directions of which discourses were reflected in the legal dimension through the legalization of certain social relations, and the global spread of the English language - a key tool of "soft forces" of Great Britain in the geopolitical sphere, which is considered as the main threat to the "linguistic balance of power". As a result of the analysis of the fundamentals of the marketing approach to language policy, we came to the conclusion that its application to the phenomenon of language as such contributes to the reduction of the spiritual and civilizational assets of mankind to the mercantile level of world perception. As a proposal, the need to begin the formation of appropriate (scientific) terminology systems in the context of creating a new language capable of providing conceptual support for radical transformations in all spheres of human existence in the future is indicated.</em></p> Natalya Zhuk Copyright (c) 2023 Наталія Жук http://creativecommons.org/licenses/by/4.0 2023-12-13 2023-12-13 36 25 35 10.26565/2075-1834-2023-36-03 Features of the legal regulation of the use of artificial intelligence in Ukraine https://periodicals.karazin.ua/law/article/view/22696 <p class="s9"><span class="s7"><span class="bumpedFont15">Introduction</span></span><span class="s8"><span class="bumpedFont15">. The rapid development of information technologies in general, and artificial intelligence in particular, significantly outpaces the introduction of legal regulation in this area. The relevance of the research topic is determined by the imperfection and the presence of gaps in the legislation regarding the use of artificial intelligence technologies. The purpose of the article is to analyze the peculiarities of the legal regulation of the use of artificial intelligence in Ukraine and to determine the possibilities of increasing its effectiveness. The main tasks of the research are the analysis of current legislation in the field of artificial intelligence in Ukraine; outline of the main risks and problems of the spread of artificial intelligence technologies that require regulatory regulation; identification of gaps and shortcomings and identification of opportunities for improvement of legislation in the field of use of artificial intelligence.</span></span></p> <p class="s9"><span class="s7"><span class="bumpedFont15">Summary of the main results of the study</span></span><span class="s8"><span class="bumpedFont15">. The article analyzes regulatory and legal documents regulating the use of artificial intelligence in Ukraine: the Concept of Artificial Intelligence Development, the Roadmap for the Regulation of Artificial Intelligence, the "Strategy for the Development of Artificial Intelligence in Ukraine for 2022-2030", the Law "On Copyright and Related Rights". The main theories regarding the definition of legal personality of artificial intelligence are considered. The risks of using artificial intelligence technologies are identified, which should be taken into account when developing legislation in this area. An opinion is expressed regarding the need to apply a comprehensive approach to the development of the legislative framework for artificial intelligence.</span></span></p> <p class="s9"><span class="s7"><span class="bumpedFont15">Conclusions</span></span><span class="s8"><span class="bumpedFont15">. The conducted research made it possible to determine the possibilities of improving the legislation in the field of using artificial intelligence. It was noted that, in addition to the Law on Artificial Intelligence, it is expedient to develop and implement related laws that will regulate legal relations in the field of using artificial intelligence. It is important to adopt the Law on Artificial Intelligence, which will establish norms for determining the legal personality of artificial intelligence systems, ethical aspects of the use of artificial intelligence technologies, cover various areas of use of artificial intelligence, define rights and obligations when using such technologies and responsibility for violations of these norms .</span></span></p> <p class="s9"><span class="s10"><span class="bumpedFont15">KEYWORDS</span></span><span class="s8"><span class="bumpedFont15">: artificial intelligence, legislation, legal regulation, responsibility, information technologies.</span></span></p> Oleksandr Kurakin Oleksii Skriabin Copyright (c) 2023 Олександр Куракін, Олексій Скрябін http://creativecommons.org/licenses/by/4.0 2023-12-13 2023-12-13 36 36 42 10.26565/2075-1834-2023-36-04 International responsibility of states (theoretical and legal view) https://periodicals.karazin.ua/law/article/view/21994 <p><em>Introduction.</em> This article examines the theoretical and legal possibility of bringing legal relations of a public nature to the international legal responsibility of the participating state, in order to determine the actual mechanisms for the implementation of influence measures and the types of legal consequences that apply to the guarantor state of international legal norms, by analyzing the views of scientists on the issue responsibility of states, their types, the legal framework of an international nature, which regulates the issue of the mechanism and means of influence on the state.</p> <p><em>Summary of the main research results.</em> First, the quintessence of the axiology of responsibility as a legal phenomenon and its place in international legal relations is emphasized. Also, on the basis of the study of the views of scientists, the differentiation of international responsibility was determined. Several of its types have been identified. The first type of responsibility, which occurs in cases of illegal actions in the form of violation of contractual obligations, the second type of compliance, which occurs for the commission of international crimes. Emphasis is placed on the legal regulation of responsibility for illegal acts in the field of legal obligations. The main international normative acts regulating the procedure of bringing to responsibility, ensuring peace and security in the foreign space have been analyzed. The international practice that reveals the cases of bringing to international responsibility on the example of states that participated in legal relations in violation of international legal norms is given.</p> <p><em>Conclusions. </em>According to the results of the study, the duality of approaches to the responsibility of states was established. Conclusions were made regarding the prospects and realities of bringing the state to international legal responsibility.</p> Stanislav Pevko Copyright (c) 2023 Станіслав Певко http://creativecommons.org/licenses/by/4.0 2023-12-13 2023-12-13 36 43 54 10.26565/2075-1834-2023-36-05 The right to free development of your personality: concept and content https://periodicals.karazin.ua/law/article/view/22737 <p>Introduction. The article examines the most important aspects of the "right to free development of one's personality" category. The authors believe that the theoretical problem of defining the concept, essence and content of a person's right to the free development of his personality objectively stems from the lack of its terminological constitutional-normative consolidation. According to the authors, the analysis of domestic studies shows that this constitutional right is disclosed very generally, there are no systematic approaches, in particular, the powers granted by this right to every person are not clearly defined. It is noted that the position of Ukrainian scientists who consider the right to the free development of one's personality as a principle of the constitutional and legal status of a person and a citizen is widespread. In recent decades, the right to free development of one's personality has been increasingly recognized and supported by the global community. In 1986, the UN adopted the Declaration on the Right to Development. It started the interpretation of the content of this right. In particular, it was declared that the right to development is an inalienable human right, possessing which every person and all peoples can participate in such economic, social, cultural and political development, where all human rights and fundamental freedoms can be fully realized, as well as contribute to to him and to enjoy his benefits (Article 1.1). An important provision of the Declaration is that "man is the main subject of the development process and should be an active participant and beneficiary of the right to development" (Article 2.1).</p> <p><em>Summary of the main research results.</em></p> <p>The right to free personal development consists in guaranteeing and ensuring the real freedom of personal development, limiting the interference of state and municipal authorities, as well as private individuals in the sphere of freedom of human development. The human right to the free development of the personality is specific, such that it occupies a fundamental and integral place in the system of human rights, it is the basis for the development of other rights. This right acts as a normative form of interaction between a person and the state with the aim of forming the proper conditions for the existence and life of a person and the normal functioning of the state and society as a whole, it is an inalienable right of a person and has a complex nature. It is organically connected both with personal (civil) human rights and freedoms, such as the right to life, the right to dignity, freedom and security, inviolability, without which the realization of the right to free development would be impossible, and social rights, which in system related to a person, the implementation of which would be ineffective without the realization of the right to the free development of the individual. The content of the right to the free development of one's personality includes various concepts of human development as a socio-economic process aimed primarily at improving the quality of human life. Therefore, one of the objective conditions for the realization of this right is the formation of the socio-economic policy of the state, which should be aimed at increasing people's well-being, creating opportunities for access to resources necessary for achieving a decent quality of life. In September 2015, within the framework of the 70th session of the UN General Assembly, a new large-scale program with clear strategic objectives for achieving global development goals for the period up to 2030 was adopted. It is clear that the state takes a leading place in creating and ensuring conditions for sustainable development in Ukraine. The problem of sustainable development in Ukraine has been studied for quite a long time. In recent decades, thorough scientific work has been created, which laid the foundation for new guidelines for the country's development on the basis of the post-industrial economy, the development of proposals for the implementation of mechanisms for overcoming systemic limitations of the humanization of social development into state policy.</p> <p><em>Conclusions.</em> The right of a person to free development of his personality is specific, such that it occupies a fundamental and integral place in the system of human rights, it is the basis for the development and implementation of all other constitutional rights and freedoms of a person and a citizen. This right plays a key role in ensuring the most important basis of the constitutional system, which is formulated in Article 3 of the Constitution of Ukraine. The realization of a person's right to free development of his personality is a permanent process of implementing in practice the possibilities of a person enshrined in the Constitution of Ukraine and other legislative acts regarding comprehensive development and full self-expression based on his active position in development and fair distribution of the benefits created in the course of it. A person's right to the free development of his personality is ensured by a system of constitutional guarantees common to all rights and freedoms and a system of special political, economic, social and legal guarantees, which are determined by the specifics and features of the right to the development of his personality, as well as by a system of international legal guarantees.</p> <p>In our opinion, the domestic science of constitutional law has not yet carried out a comprehensive study of the right to free development of one's personality. Until now, a wide list of issues regarding the realization of this human right remain insufficiently developed. In particular, we are talking about the issue of determining the directions of implementation of this constitutional right, establishing clear limits of state intervention in its implementation, and approving the criteria for its limitation. In our opinion, an important vector of the development of the doctrine of the right to free human development is the protection of the individual against interference by the state. Our constitutional scholars have not comprehensively explored the aspect that the state itself can be a potential violator of this right. At the same time, on the contrary, they make attempts to develop some specific requirements for a person that limit his right to free development. We believe that it is fundamentally important to recognize that the state and its institutions can be a potential violator of this human right and to clearly outline the limits of its interference in the implementation of this constitutional human right.</p> Mark Voronov Izabella Voronova Copyright (c) 2023 Марк Воронов, Ізабелла Воронова http://creativecommons.org/licenses/by/4.0 2023-12-13 2023-12-13 36 55 63 10.26565/2075-1834-2023-36-06 Constitutional and legal principles of the organization and functioning of the system of entities ensuring the national security and defense of Ukraine https://periodicals.karazin.ua/law/article/view/22676 <p>The aggressive policy of the Russian Federation against Ukraine, resulting in the annexation of the Crimea peninsula, further aggression in eastern Ukraine in certain areas of the Donetsk and Luhansk regions, and widescale invasion into Ukraine after 24.02.2022, has left no questions about the relevance of the field of national security and defense in Ukraine. In turn, Ukraine, as a legal democratic state, can implement measures for national security and defense only in accordance with legal procedures, which, in turn, highlights the research on the legal support of the activities of subjects of national security and defense in Ukraine.</p> <p>The aim of this research is to determine an exhaustive list of subjects that may be considered part of Ukraine's national security and defense. The research is based on the Constitution of Ukraine, Laws of Ukraine (including Constitutional Laws understood as laws whose existence is already foreseen by the content of the Constitution of Ukraine), and subordinate normative legal acts.</p> <p>This research primarily utilizes comparative-analytical and functional research methods. An exhaustive list of subjects of national security and defense in Ukraine is not specified in any legislative act, and the only normatively regulated list, similar to the subject of the research, is established only in the Law of Ukraine "On National Security of Ukraine" as a "security and defense sector," the definition of which is given in the form of a list of subjects whose functional activities are aimed at protecting Ukraine's national interests from threats. The national security interests include state sovereignty, territorial integrity, democratic constitutional order, economic and information security, human life and health, honor and dignity, inviolability and safety, rights and freedoms, restoration of territorial integrity within the internationally recognized state border of Ukraine, social development, primarily the development of human capital, protection of the rights, freedoms, and legitimate interests of Ukrainian citizens; European and Euro-Atlantic integration.</p> <p>Thus, the significant number of the aforementioned national security interests does not allow considering the list of subjects in the security and defense sector as exhaustive, and consequently, there is a need for a more detailed study of this issue.</p> Yaroslav Demchyna Copyright (c) 2023 Ярослав Демчина http://creativecommons.org/licenses/by/4.0 2023-12-13 2023-12-13 36 64 70 10.26565/2075-1834-2023-36-07 Factual circumstances for the understanding of convicts as a bearer of constitutional rights and freedoms https://periodicals.karazin.ua/law/article/view/21700 <p>The article analyzes the main factual circumstances, the presence of which makes it possible to talk about convicts as full-fledged bearers of constitutional rights and freedoms. Attention is drawn to the fact that in the constitutional-legal doctrine there is an established approach regarding people's deputies, deputies of local councils, military personnel, judges, children, foreigners, refugees, women, disabled persons as bearers of constitutional rights and freedoms and about their constitutional-legal status. However, such a clear approach cannot be traced to convicts. In this regard, the article cites and analyzes the main factual circumstances that indicate that the convicts are legitimately the bearers of constitutional rights and freedoms, and attention to their legal position in the constitutional law of Ukraine cannot be accidental.</p> <p>Among the main factual circumstances are the following. First, convicts, and especially those serving prison terms, interact significantly with the state. At the same time, as is known, the constitutional-legal status provides for a special system of interaction between a specific person and the state, which is determined by the subject of legal regulation of the constitutional law of Ukraine. Secondly, convicts, and especially those serving prison sentences, not only significantly interact with the state, but also depend on it. It is axiomatic that if the relevant subject, endowed with power, exercises full or sufficiently significant control over another subject, then the first is responsible for the safety and livelihood of the second. Taking into account the fact that the state is responsible for the persons under its control, which includes a large part of the convicts, the state as a whole and its penitentiary system are entrusted with a special mission, in particular, in the sphere of ensuring security, law and order. Thirdly, the sphere of application of criminal penalties has always been and remains one of the most vulnerable spheres in the life of society and state policy. Since the sphere of application of punishments, as one of the most vulnerable spheres, directly concerns the convicted, the latter are consequently a category belonging to the vulnerable. Fourthly, one of the leading functions of the Constitution of Ukraine is the restrictive function. The implementation of such a function becomes especially relevant in the aspect of the state's activity, which is implemented through the administration of the institution or the body for the execution of punishments. Such an approach can be implemented through the formation of the constitutional and legal status of convicts, since the constitutional rights and freedoms of such persons will act as a significant factor for the implementation of the restrictive function regarding the organization and functioning of the penitentiary system as a whole and its individual representatives of the zokerem. Fifth, in the aspect of characterizing convicts as a vulnerable category of the population, attention should also be paid to the fact that there are also women and children among them, which significantly increases the vulnerability of convicts in general. Sixthly, granting the convicts a constitutional and legal status and paying special attention to them is also due to the imposition of punishment in society. Seventh, the peculiarities of the situation of convicts are also determined by the problems that arise after release from prisons. Eighthly, construction of the constitutional and legal status of convicts will contribute to increased attention not only to the convicts themselves, but also to the organization and functioning of the penitentiary system as a whole, which always needs further improvement.</p> Albina Dyakova Copyright (c) 2023 Альбіна Дьякова http://creativecommons.org/licenses/by/4.0 2023-12-13 2023-12-13 36 71 79 10.26565/2075-1834-2023-36-08 The constitution as an instrument for achieving a balance of economic interests and ensuring economic solidarity https://periodicals.karazin.ua/law/article/view/22967 <p><em>Introduction</em>. The article discusses one of the important problems of modern constitutional economics, namely the role of the constitution as an important tool for achieving a balance of economic interests and ensuring economic solidarity. The author substantiates the opinion that the constitution enshrines economic solidarity as one of the constitutional values or foundations of the constitutional order. At the same time, solidarity is not only a moral category, but also a legal one, placing the corresponding obligations on the participants of social relations.</p> <p><em>Summary of the main results of the study</em>. A reference to the practice of world constitutionalism shows that many constitutions do refer to solidarity and explicitly recognize solidarity as a protected principle or value. They also encompass diverse and different conceptions of solidarity that arise from different histories of states, social conditions, culture, perceptions of national identity, etc.</p> <p>How can the recognition of solidarity as a constitutional value be justified? The answer lies in the relationship between solidarity, constitutionalism and justice. Solidarity is essential to the promotion of just societies, especially with regard to the existence of mutual obligations and the universal application of such obligations in society. Constitutions also seek to lay the foundations for just societies. However, countries differ on the type of justice that constitutions are supposed to provide.</p> <p>Constitutional law can and should strengthen multi-level solidarity. After all, first of all, within the state, constitutional solidarity must be applied to ensure inclusive and equal protection of all citizens. Secondly, constitutional solidarity can be a source not only of intra-state, limited solidarity, but also of solidarity outside the borders of the state. In this regard, constitutional law can serve as a basic source of transnational, cosmopolitan solidarity.</p> <p><em>Conclusion</em>. It is reasonable to conclude that many constitutions that proclaim solidarity as a value or principle refer to more than one type or aspect of solidarity. Constitutions may contain general references to solidarity alongside references to transnational solidarity as well as intra-state solidarity.</p> <p>The presence of different ideas about constitutional solidarity, as well as the existence of more than one type of solidarity within the framework of one constitution, indicates that constitutions can serve as a basis not only for intra-state solidarity, but also for transnational solidarity, and, more importantly, complex, multifunctional, i.e. multi-level solidarity. Like many constitutional terms, the function that solidarity can fulfill depends on the way it is interpreted and, more importantly, on the way and cases in which it is applied. However, a clear constitutional enshrinement of solidarity as a value is important both formally and substantively, as a value that judges can refer to when interpreting or evaluating national constitutions and existing legislation.</p> Inna Pustovalova Copyright (c) 2023 Інна Пустовалова http://creativecommons.org/licenses/by/4.0 2023-12-13 2023-12-13 36 80 87 10.26565/2075-1834-2023-36-09 Prospects of regulatory and legal support for obtaining a higher legal education by a citizen of Ukraine https://periodicals.karazin.ua/law/article/view/22968 <p>The article states that meticulous attention is always paid to legal education, which is why the requirements for the quality of training of graduates of legal specialties must be increased; the urgency of the issue of training highly qualified lawyers is emphasized, which affects the quality of higher legal education as a whole, which requires a detailed consideration of the state and prospects of legal support for the acquisition of higher legal education by a citizen of Ukraine; it is indicated that the attention of those concerned and interested is focused on the conditions and quality of education, domestic educational standards and foreign experience, forms of education, rights, duties and responsibilities of students, teachers and educational institutions; a number of projects of legislative initiatives are being considered, which have not yet been approved; emphasis is placed on certain aspects of the declared problem, to which the attention of domestic scientists is focused; it is emphasized that the regulatory and legal framework should be formed taking into account European standards and progressive international experience, it is warned that due to the armed aggression of a neighboring state, the reform progress in matters of obtaining education in Ukraine has currently slowed down; there is a shared opinion about the fact that the legal profession has always been and remains in demand, prestigious and popular at all times and today, and the requirements for lawyers are becoming more and more demanding and meticulous, since lawyers are always in the field of view of various observers; it is emphasized that any true professional must thoroughly possess not only professional knowledge, skills, and abilities, but also have versatile intellectual training, high linguistic and communicative culture, and knowledge of pedagogy and psychology; attention is drawn to the fact that the implementation of the "Strategy for the Development of Higher Education in Ukraine for 2022-2032" should continue with the reconstruction and reform of the higher education system in the post-war period.</p> Alla Smulska Copyright (c) 2023 Алла Смульська http://creativecommons.org/licenses/by/4.0 2023-12-13 2023-12-13 36 88 95 10.26565/2075-1834-2023-36-10 Legal characteristics of the contract on non-disclosure of confidential information https://periodicals.karazin.ua/law/article/view/22755 <p><em>The article examines the legal characteristics of a non-disclosure agreement. The author determines the place of a non-disclosure agreement among causal, abstract, equivalent and aleatory contracts and the possibility of its recognition as a public, conditional, mixed and accession agreement.</em> <em>The author emphasises that the Causa of a non-disclosure agreement is clearly defined and consists of the creation of negative obligations which must be reflected in the contract. The purpose is of fundamental importance for its validity and is reflected in the wording of its subject matter and other provisions of its content. The paper proves that since the agreement on non-disclosure of confidential information is aimed at creating negative obligations and, in most cases, is gratuitous, it is advisable to speak not of the transfer of benefits by the parties to each other but of the creation of counter-obligations on non-disclosure. It is noted that a non-disclosure agreement is concluded not to transfer a benefit (information) but to enable the fulfilment of employment duties, service obligations, etc. The author notes that the contract under study is not a substitute contract but a preventive one, creating conditions for preventing disclosure of information. As a result of the research, the author concludes that in most cases, a non-disclosure agreement is causal, aleatory, mutually agreed, comprehensive and not public. However, due to this agreement's lack of detailed legal regulation, the parties may enter into a mixed agreement on non-disclosure of confidential information, which may be a conditional transaction, etc.</em></p> Maksym Hura Copyright (c) 2023 Максим Гура http://creativecommons.org/licenses/by/4.0 2023-12-13 2023-12-13 36 96 103 10.26565/2075-1834-2023-36-11 The obligations «not to alienate the thing» and «not to assign» as separate types of negative obligations https://periodicals.karazin.ua/law/article/view/22531 <p>The relevance of the stated topic is determined by the lack of scientific developments in the national law regarding the obligations "not to alienate the thing" and "not to assign". These obligations are types of negative obligations that consist in refraining from certain actions. The subject of the obligations "not to alienate the thing" and "not to transfer the right" is to refrain from the act of transferring a certain thing or right to a third party by the debtor. The author has set a goal to investigate the specifics of obligations regarding non-alienation of a thing (pactum de non alienando) and non-assignment of rights (pactum de non cedendo). In the course of the study, the author offered answers to the questions regarding the features of the obligations "not to alienate" and "not to assign " compared to other negative obligations, regarding the validity of the acts committed in violation of these obligations and the legal consequences for the debtor who, contrary to the prohibition alienated the thing or assigned the right.</p> <p>The following types of obligations were analyzed: "not to alienate the subject of the pledge without the consent of the creditor", "not to sell the goods, in respect of which there is a clause on the retention of ownership by the seller until full payment", "not to assign the right of claim to a third party". All these obligations are accessorymas they are established only if the main obligation exists. The article clarifies that the consequences of the specified obligations differ depending on the powers of the obligated person.</p> <p>The pledgor, in whose possession the object of pledge remains, is the owner of the thing, and therefore cannot lose the authority to dispose of it. The author emphasizes that the absence of the pledgee's consent to its alienation should not affect the validity of the deed itself regarding the alienation of the subject of the pledge. Alienation by the pledgor of the pledged thing does not terminate the pledge, which is the right to someone else's property, and therefore the creditor under the pledge does not lose the opportunity to collect in case of non-fulfillment of the main obligation by the debtor. However, in the judicial practice of Ukraine, such deeds regarding alienation of the subject of pledge without the consent of the creditor are recognized as invalid.</p> <p>Regarding the transaction by the buyer of the goods, the ownership of which is retained by the seller until payment (on the basis of the norm of Article 697 of the Civil Code of Ukraine), a different solution is proposed: since the buyer has not acquired the right of ownership, he cannot transfer it to another person, and therefore the transaction regarding alienation of this product will not create legal consequences for the acquirer.</p> <p>Acts committed in violation of the obligation "not to assign" should be considered valid, since the contractual prohibition in itself is not a reason for declaring the acts invalid. The lack of consent of the debtor for the main obligation does not &nbsp;affect &nbsp;the validity of the assignment agreement. This conclusion is not supported by judicial practice, in which debt recovery is denied to new creditors who have acquired the right of claim, which the original creditor withdrew without the debtor's consent, contrary to the terms of the contract.</p> <p>In case of violation of the obligations "not to alienate the thing" and "not to assign", general legal consequences should be аpplied, in particular, the collection of the contractual penalty, termination of the main contract, collection of damages.</p> Anton Guzhva Copyright (c) 2023 Антон Гужва http://creativecommons.org/licenses/by/4.0 2023-12-13 2023-12-13 36 104 114 10.26565/2075-1834-2023-36-12 Civil-legal regulation of public relations in the digital environment https://periodicals.karazin.ua/law/article/view/22733 <p><em>Introduction.</em> Digitization of society is a global process that includes legal aspects. In the context of the digital transformation of society, various social relations related to digital technologies arise. These relations concern digital things in respect of which absolute and relative civil rights arise. Their legal nature requires further clarification. Therefore, the study of social relations in the digital environment is relevant. Such relations should be accompanied by appropriate legal regulation.</p> <p>The purpose of the article is to reveal the peculiarities of civil law regulation of social relations in the digital environment. The following research methods were used. Formal and logical - in identifying types of legal relations in the digital environment. The system-structural method was applied to reveal the peculiarities of legal relations in the digital environment. The dialectical method was applied when comparing contracts in civil law and smart contracts.</p> <p><em>Summary of the main results of the study.</em> Legal norms that regulate social relations in the digital environment began to be embodied in the Central Committee of Ukraine, separate laws. The understanding of a thing in civil law takes into account the existence of such an object in the digital environment. Property rights are extended to property taking into account European legal practice. Therefore, property rights can be applied to digital things as well. The civil law regulation of social relations concerns contracts regarding digital things, the provisions of which must be included in the Central Committee of Ukraine. This contributes to the proper implementation of civil turnover in relation to the specified objects. Contracts regarding digital things can be conventionally divided into classic for civil law and smart contracts. The Central Committee of Ukraine should be supplemented with regulations on smart contracts. Further legal regulation of contracts contributes to the proper circulation of digital things.</p> <p><em>Conclusions.</em> One of the important tasks of civics for the near future is to clarify the legal nature of social relations in the digital environment. The development of social relations through digitalization must be combined with the necessary legal regulation in civil legislation. In civil legislation, it is necessary to continue to establish the ownership of digital things by absolute right. Provisions regarding contracts, smart contracts regarding digital property need to be established. The further development of civil law in the near future will be closely related to the legal regulation of digital technology objects. Regulation of absolute and relative rights to them is necessary.</p> Ievgen Michurin Copyright (c) 2023 Євген Мічурін http://creativecommons.org/licenses/by/4.0 2023-12-13 2023-12-13 36 115 121 10.26565/2075-1834-2023-36-13 Ensuring employment of the population: international legal standards and national experience https://periodicals.karazin.ua/law/article/view/22829 <p>The article examines a number of international regulatory acts containing the main legal standards in the field of ensuring employment of the population, combating unemployment and social security of a person in connection with the loss of a person's job for reasons beyond his control. It is noted that these areas of legal regulation are directly related to the right to work, the effective prohibition of discrimination and forced labor, as well as the right to free personal development and decent work. The change in trends in the social policy of the states is monitored from the simple support of a sufficient living standard of the unemployed through the provision of state or insurance benefits to the state employment policy, which stimulates employment based on professional orientation, choosing a profession with maximum consideration of natural abilities and already acquired skills, opportunities for professional training, retraining and advanced training, building a system of professional education in accordance with the needs of the labor market, etc.</p> <p>International legal standards, which are the basis for the development of the legal system of any modern state, determine the directions of reforming both the legal system as a whole and its individual branches. Accordingly, the labor and social security legislation of Ukraine is also developing in line with global and European trends. In particular, already during the years of independence, legislation on employment and social protection of the unemployed has undergone significant reforms, increasingly approaching the high standards of ensuring human rights in this area. The revision of the 2012 Law of Ukraine "On Employment of the Population" was a significant progressive step, as it provided for a number of measures to stimulate productive employment, help young people get their first job, and regulated the procedure for employment of foreign citizens in Ukraine. This Law and the relevant regulatory documents are subject to constant changes, especially in the last few years in connection with the problems of the pandemic caused by the spread of COVID-19 in the period of 2020-21 and the armed aggression of the Russian Federation against Ukraine from February 2022 to the present . It should be noted that the cooperation of the legislative and executive branches of government with experts of specialized international organizations brings positive results, as Ukrainian legal norms are increasingly approaching recognized international standards, in particular, the standards of the European Union, in which the main goal is to ensure human rights, respect for the individual, human dignity and equality of treatment in the spheres of employment and professional education.</p> Liudmila Kulachok-Titova Iryna Pakhomova Copyright (c) 2023 Людмила Кулачок-Тітова, Ірина Пахомова http://creativecommons.org/licenses/by/4.0 2023-12-13 2023-12-13 36 122 134 10.26565/2075-1834-2023-36-14 Gender equality and justice in labor law https://periodicals.karazin.ua/law/article/view/22969 <p><strong><em>Introduction. </em></strong>Ensuring gender equality and equity is one of the main conditions for an individual to realize the right to work granted by the State. Formation of mechanisms for implementing and guaranteeing gender equality in the field of employment is one of the priority tasks of the State. Therefore, it is the implementation of these circumstances that can ensure a real opportunity for everyone to realize the right to work and the ability to earn a living by work, thereby meeting their physical, spiritual and other needs. Therefore, any kind of discrimination, including gender discrimination, is unacceptable in this area.&nbsp;</p> <p><strong><em>Problem Statement.</em></strong> The lack of fostering a culture of gender equality is one of the reasons why society does not perceive gender discrimination as a problem, which leads to violations of the right to work and its derivative rights.</p> <p><strong><em>Relevance</em></strong><strong>.</strong> The problem of gender discrimination is relatively new for Ukraine. The process of implementing and ensuring gender equality was actualized with the signing of the Association Agreement, according to which Ukraine committed itself to ensuring gender equality in all areas, including employment. Gender equality means equal rights for men and women, equal opportunities to exercise them and receive certain benefits, which is a defining feature of a legal, social state in which the principle of equality of citizens and the rule of law is in place.</p> <p><strong><em>Objective</em></strong><strong>.</strong> To analyze the level of the problem caused by gender discrimination in the field of employment. To study the content, significance and impact of the principle of gender equality on the state of realization of labor rights by men and women.</p> <p><strong><em>Methods.</em></strong> To achieve the stated research objective, the article uses general scientific methods (deduction, induction, synthesis, analysis) and special scientific research methods (formal legal and comparative legal).</p> <p><strong><em>The main results of the study.</em></strong> Men and women are not equal in their capabilities, abilities and needs. However, a legal, social state, such as Ukraine, must ensure that everyone, regardless of gender, has the opportunity to freely choose the field of work, develop freely, receive decent pay for their work, appropriate protection, taking into account the characteristics and needs of men and women, and generally promote respect for men's work and women's work and equalize the roles of men and women in society. In this regard, ensuring gender equality is a societal need, which is conditioned, on the one hand, by the fact of gender discrimination in the field of employment, and, on the other hand, by the need of each person to fully enjoy the benefits provided for by the Constitution and laws of Ukraine.</p> <p><strong><em>Conclusions.</em></strong> The value of a person, the ability of a person to fully realize his or her labor rights, freedoms, interests, and receive benefits cannot be determined by his or her gender and depend on gender.</p> Tetyana Khabarova Copyright (c) 2023 Тетяна Хабарова http://creativecommons.org/licenses/by/4.0 2023-12-13 2023-12-13 36 135 140 10.26565/2075-1834-2023-36-15 Administrative and legal status of the National Health Service of Ukraine https://periodicals.karazin.ua/law/article/view/22979 <p><span style="font-weight: 400;">The article examines the peculiarities and prerequisites of the formation of the administrative and legal status of the National Health Service of Ukraine as a central body of executive power. It is argued that the administrative-legal status of the National Health Service of Ukraine is determined by the norms of administrative legislation, the tasks and competence of the National Health Service of Ukraine regarding the implementation of state policy in the field of state financial guarantees of medical care and performance of the functions of the customer of medical services. The article defines that the administrative and legal status of the National Health Service of Ukraine is characterized by such criteria as: 1) normative basis of activity; 2) structure; 3) tasks of the service; 4) functions; 5) competence.</span></p> <p><span style="font-weight: 400;">The basis of legal regulation of the activity of the National Health Service of Ukraine is the Constitution of Ukraine, the Law of Ukraine "On State Financial Guarantees of Medical Services of the Population" dated 19.10.2017 and the Regulation on the National Health Service of Ukraine, approved by the Cabinet of Ministers of Ukraine dated 27 December 2017 No. 1101. It is claimed that the powers of the National Health Service of Ukraine are separate powers entrusted to this institution within the scope of its tasks and activities. The administrative and economic aspects of the legal personality of the National Health Service as a structure that assumes, in addition to the organizational, economic functions of a single customer of medical services and medicines, are also considered. Therefore, both administrative and economic powers are concentrated in this body, which makes its legal position quite specific.</span></p> <p><span style="font-weight: 400;">The article emphasizes that the National Health Service of Ukraine is a body of state executive power with a special function of an independent public institution of administration, financing and control, which is integrated into a system and establishes uniform standards for the functioning of all health care institutions, acting as a customer of medical services on behalf of the state during the implementation of state guarantees of medical care.</span></p> Daria Bashynska Copyright (c) 2023 Дар'я Башинська http://creativecommons.org/licenses/by/4.0 2023-12-13 2023-12-13 36 141 146 10.26565/2075-1834-2023-36-16 Principles of the organization and activities of the state employment service https://periodicals.karazin.ua/law/article/view/22611 <p><em>Introduction</em>. The article provides a classification of the principles of activity of the State Employment Service as a special body of executive power. The category of general, special and special principles, which are the basic ideas of the functioning of the State Employment Service, is singled out.</p> <p><em>Summary of the main results of the study.</em> The author notes that considering the principles of the State Employment Service is a key and extremely important aspect of its organization and functioning. It is emphasized that ensuring the compliance of the actions of the employment service with the established principles guarantees legal compliance in all cases related to the employment of citizens and contributes to the creation of a fair and effective system of employment support. It is noted that the principles by which the executive bodies work form a legal category that establishes the regulatory and legal basis for controlling the activities of the executive bodies in Ukraine. These principles define the standards and rules that govern the functioning of these bodies, establishing the framework and conditions under which they must act in accordance with the law.</p> <p>It was noted that the principles by which the State Employment Service works are divided into three groups: general, special and special. General principles constitute the basic principles of the functioning of most public bodies. Special principles reflect certain aspects of the activity of specific public authorities. The special principles of the State Employment Service take into account its unique mission and exclusive tasks in the field of ensuring employment of citizens. These principles determine the specificity of approaches and methods used to achieve employment goals. They take into account the individual needs of different social groups and contribute to the development and implementation of programs aimed at supporting and developing the labor market, providing citizens with opportunities for employment and professional growth</p> <p><em>Conclusions.</em> It was concluded that for optimal and high-quality work of the State Employment Service, a clear system of principles enshrined in legislation is necessary, which will determine its structure and methods of activity. Among the principles of organization and activity of the State Employment Service, the principle of mentoring, the principle of innovation and adaptation, and the principle of social policy are singled out as special principles of the State Employment Service.</p> Daryna Bezdieniezhna Copyright (c) 2023 Дарина Бєздєнєжна http://creativecommons.org/licenses/by/4.0 2023-12-13 2023-12-13 36 147 156 10.26565/2075-1834-2023-36-17 Administrative responsibility for violations of legislation in the field of employment of the population https://periodicals.karazin.ua/law/article/view/22685 <p>To date, the level of unemployment, which is associated with the termination or limited format of work of enterprises, institutions and organizations, is significant. This indicates the need for the formation of an effective state policy in the field of employment, an effective model of combating unemployment and the expansion of employment assistance programs. The issue of administrative responsibility in the field of public employment deserves special attention. According to the Law of Ukraine "On Employment of the Population", employment is the activity of individuals not prohibited by law, related to the satisfaction of their personal and social needs with the aim of receiving income (wages) in monetary or other form, as well as the activities of members of one family, who carry out economic activities or work for business entities based on their property, including free of charge. Everyone has the right to a freely chosen employment. Forced labor in any form is prohibited. Voluntary unemployment of a person cannot be the basis for bringing him to responsibility. Employment of the population is ensured by establishing relations regulated by labor agreements (contracts), conducting business and other types of activities not prohibited by law.</p> Nataliia Hryshyna Karyna Rostovska Copyright (c) 2023 Наталія Гришина, Карина Ростовська http://creativecommons.org/licenses/by/4.0 2023-12-13 2023-12-13 36 157 162 10.26565/2075-1834-2023-36-18 European regulation of the cryptocurrency market and implementation in Ukraine https://periodicals.karazin.ua/law/article/view/22695 <p>The world economy is at the initial stage of introducing modern digital technologies. Currently, there is also a permanent process of awareness by the world community of the fact that the digital economy, special finance and Internet trade will have a decisive importance on a global scale in the future. Therefore, the article is devoted to the study of the international practice of legal regulation of cryptocurrency circulation with an analysis of the current situation in Ukraine. The relevance of this direction of research is determined not only by the spread of popularity of virtual currencies, but also by the recent adoption of the European MiSA regulation, which was taken as a basis for the specialized Law. It was established that our state has prospects for the development of a competitive market, which in turn has a positive perspective for the development of the economy under martial law.</p> Oleksii Dotsenko Alona Mykhnia Copyright (c) 2023 Олексій Доценко, Альона Михня http://creativecommons.org/licenses/by/4.0 2023-12-13 2023-12-13 36 163 168 10.26565/2075-1834-2023-36-19 Administrative and legal principles of the ministry of digital transformation of Ukraine https://periodicals.karazin.ua/law/article/view/21893 <p><em>Introduction</em>. Modern digitization is developing simultaneously along its three key vectors: information society; digital economic relations; e-government. Information processes in modern society encourage central bodies of executive power to update their own activities.</p> <p>The <em>relevance</em> is due to the fact that society's demand for digitization, the opening of national electronic resources and the introduction of electronic services are the main challenges for reforming the state digital policy. One of the rather important steps in the digitalization of society and the state was the creation of the Ministry of Digital Transformation of Ukraine in 2019.</p> <p>The <em>goal</em> is to clarify the administrative and legal basis of the activity of the Ministry of Digital Transformation of Ukraine.</p> <p><em>Methods.</em> Theoretical and general scientific (analysis, synthesis, systematization), empirical method.</p> <p><em>Main results of the research</em>. The article is devoted to a theoretical study of the peculiarities of the administrative and legal foundations of the Ministry of Digital Transformation of Ukraine. It was determined that the Ministry of Digital Transformation of Ukraine has clearly defined goals, tasks and powers, and justified the implementation of public administration in the field of electronic governance. The tasks of the ministry are systematized according to key areas such as: tasks of state administration; public service tasks; task of stimulating entrepreneurship.</p> <p><em>The conclusions</em>. The Ministry of Digital Transformation of Ukraine is the central certification body in the field of electronic trust services. The development of broadband access to the Internet, telecommunications networks and the IT industry is also within the competence of the Ministry. Having analyzed the tasks and powers of the Ministry of Digital, the main among them are administrative and national ones, which form the main layer of its activity and ensure its essence.</p> Viktoriia Zakrynytska Kateryna Plotnikova Copyright (c) 2023 Вікторія Закриницька, Катерина Плотнікова http://creativecommons.org/licenses/by/4.0 2023-12-13 2023-12-13 36 169 174 10.26565/2075-1834-2023-36-20 The Code of Administrative Justice of Ukraine in the system of regulation of alternative methods of solving public legal disputes and conflicts https://periodicals.karazin.ua/law/article/view/22680 <p>The article states that the sphere of resolving public-law disputes and conflicts is insufficiently regulated and indicates that it requires further adoption of relevant legislative acts or amendments to current acts in this area. At the same time, it is noted that the legislative principles for the application of alternative methods of resolving public legal disputes and conflicts are contained in the Code of Administrative Justice of Ukraine. It is noted that the Code of Administrative Justice of Ukraine contains the following legislative provisions regarding the possibility of using alternative methods of resolving public legal disputes and conflicts. The specified Code was adopted on July 6, 2005, but part of the norms related to the above issues and, in particular, mediation in the Code appeared much later. In particular, the Code was supplemented with such norms on the basis of the third clause of Chapter IV "Final and Transitional Provisions" of the Law of Ukraine "On Mediation" dated November 16, 2021.</p> <p>In view of the analysis of the provisions of the Code of Administrative Procedure of Ukraine, this legal act orients the parties to the possibility of resolving the dispute in the following ways: 1) by conciliation; 2) through mediation as an out-of-court method of dispute settlement; 3) by applying to the court to settle the dispute with the participation of a judge. At the same time, the Code regulates only conciliation and going to court to settle the dispute with the participation of a judge. Mediation as an alternative way of resolving public legal disputes and conflicts is taken into account by the Code in different ways, but the detailed regulation of this procedure, as is known, is carried out by a separate Law.</p> <p>The article states that the proceduralization of such a form as settlement of a dispute with the participation of a judge is of a rather limited nature and is connected with the introduction at the level of procedural law of a minimal set of rules without detailed regulation of the specifics of their application. Taking into account the professional consciousness of judges and their constant activity within the limits of the maximum procedural regulation of such activity, the stated approach of the legislator, in our opinion, needs clarification and development at the level of other acts. In particular, within the limits of such acts, it would be possible to approve a scientifically based and practically tested method of dispute settlement with the participation of a judge.</p> Anton Stiebieliev Copyright (c) 2023 Антон Стєбєлєв http://creativecommons.org/licenses/by/4.0 2023-12-13 2023-12-13 36 175 179 10.26565/2075-1834-2023-36-21 Possibilities of using artificial intelligence in criminal proceedings in Ukraine https://periodicals.karazin.ua/law/article/view/22344 <p>In this article, the author considers the expediency of using of Artificial Intelligence in criminal justice, evaluates the impact of using this technology and describes possible problems that may arise with such application and suggests ways to solve them.</p> <p>The article examines the topic of possibility of using artificial intelligence in criminal proceedings and its potential impact on increasing the effectiveness of law enforcement and fighting crime.</p> <p>Starting with an overview of current advances in the field of artificial intelligence, the article analyzes the possibilities of applying artificial inteligence to automate some stages of criminal investigation. Also, the possibility of using artificial intelligence to detect crimes, predict crimes and analyze the behavior of criminals is being considered.</p> <p>The article examines the ethical and legal aspects of the use of artificial intelligence in criminal proceedings, such as data privacy, protection against injustice and the impact on human rights. Attention is also drawn to the importance of developing algorithms that will be fair and neutral in order to avoid distorting the results of the analysis.</p> <p>The article highlights the potential benefits and challenges of using artificial intelligence in criminal proceedings and provides recommendations regarding the optimal implementation of such technologies in law enforcement agencies and courts to ensure efficiency, fairness and respect for human rights.</p> Vladyslav Bliznyuk Copyright (c) 2023 Владислав Блізнюк http://creativecommons.org/licenses/by/4.0 2023-12-13 2023-12-13 36 180 189 10.26565/2075-1834-2023-36-22 Peculiarities of recognition of a legal entity under public law as a victim in criminal proceedings https://periodicals.karazin.ua/law/article/view/22681 <p>The article, taking into account the inconsistency of doctrinal approaches regarding the legal entity — the victim, analyzes the issues regarding the correct definition of legal entities under public law as victims in criminal proceedings. At the same time, it is noted that the specifics of legal entities under public law significantly affect the specifics of identifying them as victims. The features of their interaction within the system of public authorities, the specifics of the distribution of powers, the allocation of subventions from the regional budget and other specific aspects of the flow of legal relations are indicated. The article takes into account the practice of providing expert opinions in the field of law within both pretrial investigation and court proceedings, and which allows us to assert that the above issues are not always resolved correctly.</p> <p>It is pointed out that if the victim is a legal entity, then according to the Code of Criminal Procedure of Ukraine, property damage must be directly caused to such a person by a criminal offense and this must be proven and substantiated within the framework of the pre-trial investigation. However, this approach to legal entities that can acquire the procedural status of a victim is relatively new and is enshrined in the Criminal Code of Ukraine of 2012. In this regard, damage can be considered as negative and unfavorable consequences that occur when property or personal non-property rights and benefits are restricted or violated, which belong directly to a specific victim. On the basis of the above, it can be stated that the damage is one of the grounds for the emergence of legal liability and at the same time it must be caused to a specific, clearly defined legal entity under public law. In view of this, in the case of causing corresponding damage to state interests in the person of individual legal entities, such legal entities under public law must be precisely defined.</p> Yevhen Hryhorenko Oleksandr Perederii Viacheslav Aleksandrov Copyright (c) 2023 Євген Григоренко, Олександр Передерій, Вячеслав Александров http://creativecommons.org/licenses/by/4.0 2023-12-13 2023-12-13 36 190 197 10.26565/2075-1834-2023-36-23 Anonymous witnesses and the accused's right to a fair trial https://periodicals.karazin.ua/law/article/view/22970 <p><em><span style="font-weight: 400;">Introduction.</span></em><span style="font-weight: 400;"> The article examines the question of the questioning of anonymous witnesses, the use of their testimony at the stage of the trial in the context of the suspect’s or accused’s right to a fair trial. The criteria that allow to make a decision on granting anonymity to a witness in criminal proceedings are defined and three categories of anonymous sources are distinguished, such as statements of absent witnesses, statements of anonymous witnesses, statements of hidden or classified witnesses.</span></p> <p><em><span style="font-weight: 400;">Summary of the main results of the study.</span></em><span style="font-weight: 400;"> The author refers to the criteria developed by the practice of the European Court of Human Rights on the issue of both the participation of anonymous witnesses during the trial and the use of the testimony of absent witnesses, which will ensure the fairness of the trial. Based on the practice of the ECtHR, three categories of anonymous sources have been identified, the testimony of which the ECtHR should consider as sources of evidence, and, accordingly, give them an assessment: they include: absent witnesses, anonymous witnesses, hidden or classified. Balancing factors that should allow for a fair and proper assessment of the credibility of evidence obtained from absent, anonymous, hidden or classified witnesses are given in order to prevent violations of Article 6 of the Convention on the Protection of Human Rights and Fundamental Freedoms.</span></p> <p><em><span style="font-weight: 400;">Conclusions. </span></em><span style="font-weight: 400;">The legislation of European countries allows investigations to be carried out with the help of anonymous sources. Considerable attention is paid to this issue in the normative acts of the European Union, in particular in the Convention on the Protection of Human Rights and Fundamental Freedoms, the Committee of Ministers of the Council of Europe, decisions of the ECtHR, etc. This is relevant from the point of view of the formation of domestic criminal procedural practice, since it clearly and consistently establishes the standards of admissibility as evidence from such witnesses, creates guarantees that national courts will observe the right of the accused to a fair trial on the one hand, and for anonymous witnesses - the right to safety - on the other hand.</span></p> Hlib Rybalko Copyright (c) 2023 Гліб Рибалко http://creativecommons.org/licenses/by/4.0 2023-12-13 2023-12-13 36 198 204 10.26565/2075-1834-2023-36-24 Formation and development of the Ukrainian legislation on criminal responsibility for insulting a military serviceman https://periodicals.karazin.ua/law/article/view/22447 <p>The article examines the peculiarities of the formation and development of our country's legislation on criminal responsibility for insulting a military serviceman. The application of the historical method in this case made it possible to investigate the historical conditioning of the criminalization of such a socially dangerous act as an insult to a person in general and an insult to a military serviceman in particular. The studied legal monuments of the following periods: princely period; the period when Ukrainian lands were part of the Austro-Hungarian and Russian empires; the period of the Ukrainian SSR; the period of the independent state of Ukraine before the adoption of the new Criminal Code of Ukraine and the modern period.</p> <p>It is emphasized that the responsibility for an insult accrues a long time in the history of the legislation of our country. It contained norms on responsibility for the insult of any person, as well as for the insult of specifically defined persons: a woman, a mother, a father, a nobleman, etc. The insult was possible both by word and by physical actions. It was determined that for the first time the responsibility for insulting a serviceman was established by the Military Ordinance of Peter the I. The mentioned ordinance recognized only an officer (a special subject) as the subject of an insult. In the future, insult of various persons were criminalized: priests; officials; policemen, military personnel and others.</p> <p>Article 435-1 of the Criminal Code of Ukraine of 2001 fixed the composition of the insult of a serviceman in this form for the first time. And although disposition of the article causes certain remarks from scientists, practical workers and representatives of civil society, it is an important step in the criminal legal protection of the right of military personnel to professional honor and dignity. The author emphasizes that the criminalization of the insult of a military serviceman meets the conditions of historical conditionality and is timely and necessary.</p> <p>The article also provides author's definitions of the concepts of professional honor and dignity; criminal offense and its forms.</p> <p>&nbsp;</p> Olexandr Khramtsov Copyright (c) 2023 Олександр Храмцов http://creativecommons.org/licenses/by/4.0 2023-12-13 2023-12-13 36 205 212 10.26565/2075-1834-2023-36-25 Transformation of the subject composition of criminal proceedings and its influence on the development of criminal tactics https://periodicals.karazin.ua/law/article/view/21832 <p><em><span style="font-weight: 400;">Introduction.</span></em><span style="font-weight: 400;"> The problem of providing scientifically based forensic recommendations to the activities of criminal justice bodies and other participants in criminal proceedings has been of interest to scientists since the very beginning of the emergence of this type of social activity (criminal procedural). At the same time, the development of scientific provisions depends not only on the actual accumulation of knowledge based on the results of conducted research, but also on changes in criminal procedural legislation. This judgment also applies to the definition of vectors for the development of forensic tactics, which is designed to provide scientifically based practical recommendations regarding the most optimal ways of implementing certain procedural actions by participants in criminal proceedings. The purpose of the work, in particular, is to highlight the existing dependence between the change in the subject composition of criminal proceedings and the further development of forensic tactics, the need to expand its knowledge. During the research, a variety of both general scientific and special methods were used: analysis, synthesis, deduction, induction, comparative method, formal-dogmatic and comparative-legal.</span></p> <p><em><span style="font-weight: 400;">Summary of the main results of the study.</span></em><span style="font-weight: 400;"> It has been determined that the problem of developing the tactics of the activities of those subjects of criminal procedural activity that were introduced into criminal proceedings in connection with the adoption of the Criminal Procedure Code of 2012, in particular: the investigating judge, the detective and the investigator, remains relevant and unresolved. Further development of forensic knowledge in this direction will take place within the framework of such sub-fields of forensic tactics as investigative and judicial.</span></p> <p><em><span style="font-weight: 400;">Conclusions</span></em><span style="font-weight: 400;">. The development of criminal procedural legislation, in particular, associated with the emergence of new subjects of criminal procedural activity, leads to the emergence of new vectors for the development of forensic tactics. At present, one of the most promising areas of scientific research should be considered to be the development of the tactics of the detective, inquirer, and investigating judge. Regarding the determination of the place of new scientific provisions in the structure of forensic tactics, in our opinion, it is premature to talk about the possibility of forming new sub-branches of it. The tactics of the detective and inquirer can develop within the framework of investigative tactics, and the tactics of the court judge, respectively, within the tactics of the court. Such a conclusion is connected with the fact that functionally the activity of conditionally new subjects is equal to the activity of the investigator and the court, although they have their own specifics.</span></p> Olga Shayturo Copyright (c) 2023 Ольга Шайтуро http://creativecommons.org/licenses/by/4.0 2023-12-13 2023-12-13 36 213 218 10.26565/2075-1834-2023-36-26 Food security and gender equality: an international legal aspect https://periodicals.karazin.ua/law/article/view/22793 <p style="font-weight: 400;">The article focuses on the issue of gender equality in the field of food security. It is noted that gender inequality is the main cause and consequence of hunger and poverty. It is emphasised that the realisation of the right to food requires overcoming historically and structurally based inequalities that undermine the accessibility, adequacy, sufficiency and sustainability of food systems. The role of the World Food Programme (hereinafter – WFP) is highlighted, under the auspices of which a number of gender policies have been adopted, evolving from a women-centred approach to a focus on gender equality.&nbsp; In particular, the 1996-2001 and 2003-2007 policies define the role and contribution of women in relation to food security and WFP's food assistance mission. WFP Gender Policy 2009 established a framework for further mainstreaming gender into WFP policies, operations and programmes at all levels; it broadened the focus from a commitment to women to gender issues, including the concerns, challenges and responsibilities of women and men.&nbsp; The goal of the WFP Gender Policy 2015-2020 was to enable WFP to integrate gender equality and women's empowerment into all its work and activities to ensure that the different food security and nutrition needs of women, men, girls and boys are met The WFP Gender Policy 2022 ensures that WFP optimises its presence, role and capacity in partnerships to advance gender equality and women's empowerment. Attention is paid to the Voluntary guidelines on gender equality and women’s and girls’ empowerment in the context of food security and nutrition, endorsed by the Committee on World Food Security. It is stated that the main purpose of the Guidelines is to assist Member States, development partners and other stakeholders in ensuring gender equality and the rights of women and girls, empowering them and giving them a leading role in efforts to eliminate hunger, food insecurity and all forms of malnutrition. The activities of the Food and Agriculture Organisation of the United Nations in this area are also described.</p> <p style="font-weight: 400;">&nbsp;</p> Tetyana Syroid Lina Fomina Copyright (c) 2023 Тетяна Сироїд, Ліна Фоміна http://creativecommons.org/licenses/by/4.0 2023-12-13 2023-12-13 36 219 226 10.26565/2075-1834-2023-36-27