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

MULTI-LEVEL GOVERNANCE: GENERAL THEORY AND WAYS OF IMPLEMENTATION IN UKRAINE IN THE CONTEXT OF EUROPEAN INTEGRATION

Tetyana Kaganovska — 2025-06-30

Introduction. Multi-level governance (MLG) is an interdisciplinary object of research, however, despite a long period of scientific understanding, it still remains understudied in the domestic scientific discourse. In particular, there is a lack of systematic research on the use of an integrated approach to multi-level governance in the context of the formation and implementation of state national and regional policy, as well as the translation of the doctrine of multi-level governance from a political science or management perspective into a purely legal one. Therefore, the purpose of this article is to summarize the conceptual foundations of multi-level governance, as well as to determine the current state and prospects for further development of its regulatory framework in Ukraine.

Summary of the main results of the study. The concept of MLG stems from the recognition that many political issues cannot be effectively managed by one government or organization alone, as well as from the need to solve the problems of managing an often complex range of public affairs in accordance with a cooperative model. This has become particularly evident in the context of increasing globalization and interaction within and between national systems and actors, as well as in relation to crises and emergencies. According to MLG theory, the role of the nation-state is changing significantly in modern conditions. One consequence of such changes can be considered the growth of partnerships and broader governance mechanisms in a more general sense. There is a spatial and functional reconfiguration of state capacities at multiple levels. States are no longer monopolizing or even necessarily central policy actors. Instead, government power is increasingly being shaped and distributed among actors operating at multiple levels. State authority is being redistributed upwards to the supranational level, downwards to regions and municipalities, and horizontally to translocal and regional connections. Functional and administrative decision-making powers are distributed among a number of state, quasi-state and non-state agents operating at multiple socio-spatial levels, with close inter-institutional ties and self-governing political mechanisms. The development of MLG (even in the presence of proven and rather indicative practices) is significantly hindered by obstacles related to problems of an institutional and legal nature. In particular, due to the lack of political will, political confrontation and the principled rejection of decentralization by certain political forces, the reform has not yet reached its logical conclusion and full implementation. Regional self-government exists only nominally, without its own executive bodies and the corresponding resource base, and the unification of territorial communities in combination with the consolidation of districts has led to a significant distance between the centers of decision-making and the places of residence of citizens, especially on the periphery.

Conclusions. Since its emergence (at the end of the 20th century) and up to now, the concept of multi-level governance has been largely political in nature. Today, an important task is the “juridization” of this doctrine - filling it with legal content and translating it into the plane of legal relations and legal regulation. The term “multi-level governance” should be directly enshrined in the current legislation concerning the status of public authorities or public administration sectors, and later - within the framework of constitutional reform - enshrined at the level of the Fundamental Law of Ukraine. The procedures for public discussion, public consultations and other instruments of participatory democracy should be reflected in the documents regulating the procedure for the work of certain public authorities, primarily in regulations. Multi-level governance in the vertical aspect means the continuation of the policy of decentralization and strengthening local self-government. For Ukraine, this means continuing the decentralization reform that began in 2014 and bringing it to the constitutional level. Multilevel governance in the horizontal aspect requires legislative consolidation of participatory democracy tools, since it is the tools of participatory democracy that allow diversifying public power and bringing it to the widest possible circle of citizens. The first step on this path can be considered the addition of Article 61 to the current Law of Ukraine “On Local Self-Government in Ukraine”, which provides for an extensive list of local forms of political activity of citizens. At the same time, the relevant norms on participation in multilevel governance, in particular on the right to initiate and participate in the discussion of government decisions, should be included in the laws that determine the status of civil society institutions (“On Public Associations”, “On Youth and Children's Public Organizations”, “On Creative Unions”, “On Charity and Charitable Organizations”, “On Trade Unions, Their Rights and Guarantees of Ac-tivity” and others).

THE TWENTY-SECOND AMENDMENT TO THE US CONSTITUTION: A HISTORICAL AND LEGAL STUDY

Izabella Voronova — 2025-06-30

Introduction. The Twenty-Second Amendment to the U.S. Constitution, adopted in 1951 in response to Franklin D. Roosevelt’s unprecedented four-term presidency, established a constitutional limit of two elected terms for the President. In the 21st century, this provision has once again become the focus of intense public and scholarly debate due to contemporary political and legal developments. Notably, in 2024, Donald Trump was elected to a second, non-consecutive presidential term—becoming the first president since Grover Cleveland to return to office after an interruption. This situation raised a number of questions regarding the scope of the amendment’s application and the potential circumvention of its prohibition on a third term. Additionally, in March 2025, a legislative initiative was introduced in the U.S. Congress aimed at amending the current limitation, thereby enabling Trump’s possible candidacy in the 2028 election. These developments, along with increasing calls to revise or repeal the amendment, pose a potential threat to the stability of the American constitutional system and underscore the relevance of a thorough legal analysis of the issue. The aim of the article is to conduct a historical and legal study of the Twenty-Second Amendment, focusing on its content, legal nature, and the practice of its interpretation and application. The research methodology combines general scientific, legal-specialized, and historical-legal methods.

Summary of the main results of the study. The article examines the historical origins and political context of the amendment’s adoption, highlighting its structural nature, as opposed to other constitutional amendments that typically protect individual rights and freedoms. It introduces a new eligibility criterion—no more than two terms in the office of President. The article analyzes judicial interpretation and application of the amendment in U.S. case law and establishes that courts have not overturned decisions based on this provision, indicating consistent compliance with the constitutional norm. At the same time, the analysis emphasizes the potential conflict between literal and teleological interpretations: while the text of the amendment does not explicitly prohibit a non-consecutive third term, its spirit clearly aims to prevent prolonged presidential rule. The author argues that the amendment not only serves a restraining function but also significantly shapes the political dynamic of the presidency under the two-term limit.

Conclusions. The Twenty-Second Amendment holds deep legal and political significance within the American constitutional framework. From a legal standpoint, it represents a rare case of restricting democratic choice in favor of republican principles: the amendment intentionally deprives the electorate of the option to elect the same individual for a third presidential term to prevent the excessive concentration of power. This constitutional compromise—historically justified—was designed to protect the republic from the dangers of prolonged personal rule. In practice, the amendment has largely achieved its intended purpose: since its adoption, regular presidential turnover has become a stable feature of U.S. governance, helping the country avoid scenarios of “elective monarchy” or indefinite leadership that often precipitate democratic crises elsewhere. The provision ensures periodic renewal of executive leadership, creating opportunities for new individuals and ideas to lead the nation. It has also affected the nature of the presidency by balancing the diminishing influence of second-term presidents with their enhanced freedom of action, unburdened by re-election prospects. The article concludes that the Twenty-Second Amendment serves as a vital stabilizing mechanism of American constitutionalism and, amid modern challenges, continues to perform its restraining role while remaining the subject of ongoing political and legal debate regarding its justification and future relevance.

FORMATION OF LAW: THE POLITICAL DIMENSION

Oleksandr Voronianskyi — 2025-06-30

This article examines the transformation of law through the lens of political competition and structural shifts in the socio-economic order. The study addresses the growing need to reconceptualize law not as a fixed system of universal norms, but as a flexible institutional mechanism shaped by changing configurations of power and resource distribution. As societies transition from agrarian to industrial and later to post-industrial or digital models, the actors capable of influencing legal norm creation also change. Against this backdrop, traditional views of law as a neutral, abstract framework are becoming insufficient for explaining how norms emerge, function, and evolve.
The research draws upon integrative, institutional, and dialectical approaches to view law as a product of social interaction, power asymmetry, and the functional relevance of organized groups. It argues that legal norms are not sole-ly the result of legislative intent or political will, but are deeply rooted in the structural dynamics of competition among social actors with varying access to economic, technological, symbolic, or organizational resources. These dynamics shape which norms gain legitimacy and which become obsolete or marginalized.
The article further demonstrates that law performs a dual function: as a tool of social adaptation to new political and economic realities, and as a stabilizing force that legitimizes and codifies asymmetrical power relations. Democratic mechanisms such as representation, voting rights, and access to legal protection are presented not as linear advance-ments, but as institutional responses to organized social pressure from groups whose roles are essential to maintaining systemic continuity.
Over different historical periods, the legal recognition of particular groups has been closely tied to their capacity for collective action and their systemic indispensability. In the post-industrial context, legal systems become increasing-ly fragmented, reflecting differentiated infrastructural access to mechanisms of resource allocation and norm-setting.
The study concludes that contemporary law is less a universal expression of equality and more a structured legit-imization of newly configured power balances. It functions as both a reflection and a reinforcement of existing hierar-chies, embedded within the legal order under the guise of neutrality and universality.

MEASURES OF THE MINISTRY OF INTERNAL AFFAIRS OF THE UKRAINIAN SSR TO COMBAT PROSTITUTION IN THE LATE 1960S

Volodymyr Grechenko — 2025-06-30

Introduction. The history of prostitution dates back to very ancient times, and its legal regulation dates back more than 4 thousand years and covers all ancient and modern cultures, as evidenced by written sources. The article examines the main problems associated with the development of prostitution in the late 1960s and the measures taken by the Ministry of Internal Affairs of the Ukrainian SSR to combat prostitution.

Summary of the main results of the study. In its fight against prostitution, the Ministry of Internal Affairs, first of all, paid special attention to the connection between prostitution and various types of crime, demanding that the possibilities of agent work be used more widely to expose dens of prostitution. Attention was also paid to the wider involvement of prostitutes in socially useful work. The growth in the number of venereal diseases and their connection with prostitution were also the subject of analysis by the Ministry of Internal Affairs, which demanded the development of additional measures to counteract this phenomenon. Ministry leadership stated that local police authorities did not always ensure the timely detection and prosecution of persons who involved minors in prostitution. The reasons that contributed to the moral depravity of individual citizens, especially young people, were not sufficiently analyzed. As before, traditionally for Soviet times, certain hopes in the fight against prostitution were placed on the use of conversations and lectures on sex education in hostels and educational institutions. In the summer period, it was required to widely implement raids to detain women involved in prostitution and homosexuals in parks, gardens, green areas and other places of mass recreation of the population.

Conclusion. All world historical experience shows that it is impossible to destroy prostitution. As long as, firstly, sexuality exists, and secondly, commodity-money relations, prostitution will not disappear. Especially since, in particular, in our country, the lowest paid industries are those where women’s labor is performed (textile and food industries, education, healthcare). On the eve of the Russian aggression in Ukraine, there was quite active discussion about the legalization of prostitution, even draft laws were prepared, but the war postponed everything to the future and, obviously, we are waiting for a new discussion of this problem.

POWER AS A MEANS OF CREATING THE LEGAL LIFE OF SOCIETY

Stanislav Pevko — 2025-06-30

Introduction. From the moment of the emergence of the state, as a means of uniting society, there was a need for the formation of appropriate authorities that would not contain a single personification of all spheres of responsibility of public administration and would serve as auxiliary means of state regulation of society, which make up the mechanism of the state. In this regard, in the course of the evolutionary processes of social devel-opment and state formation, a universal system of public administration emerged, which was called the "system of checks and balances". But the question arose of the risks of the implementation of the will of power in the course of the implementation of state and legal management by members of society.

Summary of the main research results. For the study of the subject that is the problem of scientific consideration, the following key components were analyzed, which in their totality make it possible to determine the axiology and reveal the meaning of the issue under study. The issue of society as the primary and main component of the reason for the study was analyzed. Since society acts as the only object of both legal and power influence on which legal regula-tion is directed, during which the subjective will of governing bodies is embodied. Society is a set of persons living in a certain territory and united by common interests, for the satisfaction of which they interact and form both the state and their governing bodies.
The ontology of the state as a key component that determines the emergence and personifies the authorities has been studied. A state is a political-territorial organization of society in a certain territory, with clearly defined bounda-ries, on which the relevant authorities and the legal system operate. That is, the state forms authorities that, on the basis of the legal norms created by them, regulate the relations that arise between members of society, thereby creating a field of legal regulation. In the course of creating appropriate legal norms, which serve as single, generally binding rules of conduct, the will is imposed through the legal regulation of the ruling class, which represents the authorities in the state. Therefore, the question arises of assessing the role of power as a means of creating the legal life of society.

Conclusions. Therefore, the issue of the will of power in the course of the legal regulation of society through the creation of formally expressed, generally binding rules of conduct is quite relevant. Society, creating a state, which results in the formation of relevant authorities, aims to ensure their development and further existence. Therefore, the issue of guaranteeing the conscientious regulation of society by the authorities authorized to create rules of cohabitation of its members, as well as the possibility of embodying the will of power through the mechanisms of state coercion, is quite complicated.

ORGANIZATIONAL AND LEGAL PRINCIPLES OF COUNTERING CYBER SE-CURITY THREATS IN THE ASPECT OF UKRAINE'S EUROPEAN INTEGRATION

Oleksandr Perederii — 2025-06-30

Introduction. The article substantiates the importance of studying the issues of ensuring the security of the national cyberspace. The content of the main organizational and legal principles of countering cyber security threats in modern Ukraine is highlighted.

Summary of the main results of the study. Based on the analysis of the current legislation of Ukraine on ensuring the security of cyberspace, as well as a generalization of the provisions of the documents of the National Security and Defense Council of Ukraine on cybersecurity, the main threats to national cyberspace are identified. In particular, these are the constant aggression of the Russian Federation against Ukraine in cyberspace, the growth of the level of cybercrime, cyber espionage, intelligence and subversive activities, and the use of cyberspace by terrorist organizations to commit acts of cyberterrorism.The author's version of the systematization of the administrative and legal principles of countering cybersecurity threats in Ukraine is presented: the formation of a holistic institutional system for countering cybersecurity threats led by the National Security and Defense Council, the implementation of specific forms of response to cyber threats (cyber defense measures of Ukraine, ensuring the continuous implementation of counterintelligence measures to detect, prevent and terminate intelligence and subversive activities of foreign states in cyberspace, the use of economic, diplomatic, intelligence measures, and the involvement of the potential of the private sector), the constant development of an active policy of cooperation with the European Union to develop and implement joint actions aimed at countering cyber threats. The provisions of the EU Cybersecurity Strategy for 2020-2030 are analyzed in terms of borrowing its provisions into regulatory documents on the prevention of cyber threats at the national level.

Conclusion. The conclusion is summarized that modern Ukraine has formed a system of organizational and legal principles for preventing and countering cyber threats that face the national information environment. In order to monitor the level of their effectiveness, it is proposed to deepen the joint efforts of representatives of legal science, the expert community, employees of government bodies, the Security and Defense Sector in order to promptly develop joint effective approaches to preventing cyber threats.

DIRECT DEMOCRACY AND PARTICIPATORY DEMOCRACY IN THE EUROPEAN UNION: ESSENCE, LIMITS AND REGULATORY SUPPORT

Mark Voronov — 2025-06-30

Introduction. The article presents a comprehensive study of direct and participatory (participatory democracy) models in the context of the contemporary European Union and its Member States. The author substantiates the relevance of the topic through the intensification of the democratic deficit, the rise of distrust in political elites, and the challenges of multilevel governance, which highlight the need for innovative approaches to citizen involvement in political decision-making processes. It is emphasized that the European experience is particularly valuable for analyzing modern forms of civic participation, as a wide range of instruments of direct democracy (referendums, citizens’ initiatives) and participatory democracy (citizens’ assemblies, participatory budgeting, European Citizens’ Initiative) have been introduced both at the level of EU countries and at the Union level over the past decades.

Summary of main research results. The article outlines the theoretical foundations of both models, provides their classification, reveals the basic institutional mechanisms, and conducts a historical and legal analysis of the evolution of instruments of direct and participatory democracy from ancient times to the contemporary European context. Special attention is paid to the analysis of the normative consolidation of participation mechanisms in EU treaties (in particular, Articles 10 and 11 of the Treaty on European Union), the national constitutions of Member States, as well as recommendations of the Council of Europe and the Venice Commission (Code of Good Practice on Referendums, 2007). The analysis covers both classical and modern scholarly approaches, substantiating the significance of participatory democracy as an evolutionary stage in the development of political systems. Empirical examples are provided, including national referendums on EU issues (such as Brexit, ratification of the Maastricht Treaty, the EU–Ukraine Association Agreement), the functioning of citizens’ assemblies, and the impact of the European Citizens’ Initiative. The main findings of the study identify key trends in the development of participatory democracy in the EU: the growing role of inclusive and deliberative formats for citizen engagement; gradual integration of direct democracy tools within representative systems; expansion of digital practices for civic participation (online consultations, electronic platforms); and the recognition of the participation principle at the level of European treaties and national constitutions.

Conclusion. It is emphasized that the integration of direct and participatory democracy models should become a strategic direction in the development of modern European political systems. The author argues for the need for a harmonious combination of representative, direct, and participatory instruments to overcome the democratic deficit, enhance legitimacy, and improve the effectiveness of governance. It is concluded that the future of democracy in the EU depends on the ability of institutions to adapt participation mechanisms to new societal challenges, ensure genuine inclusiveness, openness, and effective citizen influence on policymaking. The results of this study may be used both for further scholarly research and for improving governance practices in the European Union Member States and at the level of European institutions.

ENSURING THE ECONOMIC CAPACITY OF TERRITORIAL COMMUNITIES: FOREIGN EXPERIENCE

Liliia Hryshko — 2025-06-30

Introduction. The European integration direction of Ukraine's development includes decentralization, regionalization, cohesion, good governance, and revision of environmental policy on the basis of communities. In addition, communal property, as a form of public property, lays down specifics regarding its management. The municipal reform that has already begun is aimed at introducing relevant aspects into the territorial communities of Ukraine. However, new challenges associated with Russia's full-scale invasion of Ukraine do not allow completing the reforms that have been initiated and do not contribute to the development of institutions of participatory democracy. Despite the fact that modern states of the world that successfully solve the issues of economic development of communities have not encountered war directly, their practices can be useful for Ukraine.

Summary of the main results of the study. We should not limit ourselves to the methodology for forming capable communities approved by the Government. Yes, indeed, this document was the basis for the formation of capable communities in the process of their unification. And although this act remains in force, however, the issues of capacity are not limited to it. An economically viable community is more than economic indicators. The processes of European integration include regionalization, decentralization (of competences and finances) and cohesion of territorial communities, which is a logical continuation of municipal reform after the unification of territorial communities. The incompleteness of the constitutional reform significantly hinders the completion of the municipal one. It can be argued that the cohesion of a territorial community can be at the same time a result, a tool and a consequence of economic capacity. The economic capacity of a community is also the ability to ensure appropriate social standards within the territory. The economic development of a community offers numerous advantages within the community, ensuring that communities shape their local economic future both strategically and practically.

Conclusion. An economically capable community in the modern sense is a cohesive community where the foundations for sustainable development are provided. At the same time, the existence of such communities is possible only in democratic decentralized states. Among foreign measures, it is worth noting: local educational pilot projects within a specific settlement (Finland); systemic projects within a specific industry, where there is a release of workers and the cessation of work of enterprises, aimed at retraining taking into account the development of the industry (EU countries); external and internal migration policy (Canada, Australia, Japan, Portugal); introduction of remote work or work with a flexible schedule, construction of infrastructure for remote work of its residents in small communities; support for local energy communities and the social direction of the economy and modern technologies, etc. Among the successful practices of ensuring the economic capacity of communities that can be implemented in Ukraine, the following should be highlighted: education as a way to fill jobs within a specific community; stimulation of internal migration and remote work as a way to provide the community with workers; development of immigration programs taking into account the needs of communities in workers; support for the creation of local energy communities and the social direction of the economy and the basis of modern technologies. Today, digitalization is also about security, since the availability of information about threats and the availability of administrative orders under martial law ensure the preservation and provision of life and health of the population.Despite numerous successful projects in foreign communities, one should not be distracted from the key aspects of ensuring capable territorial communities of Ukraine. The key components of the strategy for the economic development of territorial communities in Ukraine include the following: completion of decentralization, in particular, the separation of powers between executive authorities and local self-government bodies; implementation of training and stimulation of the practice of involving citizens in decision-making through the institution of participatory democracy; attraction of investments in order to ensure sustainable development and cohesion of territories; increasing the level of community control over the activities of local self-government bodies and officials; further digitalization of communities and the introduction of electronic voting in elections and referendums; definition of community development strategies based on constitutional values and principles of the constitutional order. Finally, one should be wary of a purely ideological basis for reform without taking into account the realities of each territorial community.

THE ORGANIZATION AND CONDUCT OF ELECTIONS TO LOCAL GOVERNMENTS AFTER THE TERMINATION OF MARTIAL LAW IN UKRAINE: PROBLEMS, CHALLENGES AND PERSPECTIVES

Liudmyla Gudz — 2025-06-30

Introduction. The article discusses the issue of holding local elections after the termination of martial law as an important stage in the restoration of democracy and political stability. The author considers the need to take into account security challenges, reintegration of the affected territories, and protection of voting rights, in particular of internally displaced persons. Attention is focused on improving the electoral legislation, adapting voting mechanisms, and preventing external interference, which will contribute to the country's democratic development and social reconciliation.

Summary of the main results of the study. It is noted that the 2020 local elections in Ukraine took place in the context of decentralization and administrative reform, which led to changes in the composition of local councils. The use of a proportional electoral system with open lists proved to be only partially effective, as parties were able to independently form the order of candidates, and the need to reach 25% of the electoral quota made it difficult to change their order. The introduction of gender quotas contributed to an increase in the representation of women in local councils but was accompanied by significant implementation difficulties. The election results showed an increase in the influence of local political parties, which underscores the need for further improvement of the electoral legislation. The local elections on October 25, 2020, saw a record voter turnout of only 36.88%, largely due to the COVID-19 pandemic. The highest voter activity was observed in the western regions of the country, while in the eastern regions, the level of voting participation was significantly lower. The main factors behind the low turnout were health problems, voters not living at their place of registration, and the general passivity of citizens.

Conclusion. After the end of the war in Ukraine, it will be necessary to hold national and local elections to restore democratic processes, ensuring their compliance with European standards. The electoral process should take place no later than 90 days after the termination or lifting of martial law, with a special focus on organizing voting in the liberated territories. Important tasks include legislative regulation of the restriction of the voting rights of persons involved in treason and collaboration, as well as the issue of dual citizenship. Remote voting requires reliable security mechanisms in line with EU standards. In addition, discrimination against Ukrainians forced to leave the country should be prevented by introducing alternative forms of voting. Overall, the elections should be held with due regard to the new challenges caused by the war and occupation.

THE LATEST INFORMATION AND COMMUNICATION SYSTEMS VOTING AS A TOOL OF ELECTRONIC DEMOCRACY

Oleh Martseliak — 2025-06-30

Introduction. The article notes that the current high level of scientific and technical progress results in the broad informatization of society, which causes significant sociocultural changes in the world, stimulates the penetration of information and communication technologies into broad spheres of social relations. Under these conditions, the issue of the introduction and development of electronic democracy in Ukraine and the use of innovative voting technologies in the formation of representative bodies of state power and local self-government are actualised in the theoretical and praxeological aspects.

Summary of the main results of the study. The study analyses the diverse experience of implementing the latest information and communication systems for citizen voting in developed democratic countries. Attention is focussed on the use of such technologies by these countries as mechanical and electronic voting machines, punched cards for EVM, composter cards, optical scanning of ballots, electronic voting via the Internet, by phone through sending SMS messages, through the interactive television system (ITB), etc.

Conclusion. After examining the foreign experience of using information and communication systems for voting in the formation of representative bodies of public power, it is concluded that today in Ukraine, unfortunately, there are still no appropriate conditions for the implementation of the voting system via the Internet. It is advisable to do this when the appropriate quality hardware and software for electronic voting is developed in our country, there will be a sufficient prevalence of the Internet and the ability to use its services by a wide mass of the population, voters will have sufficient confidence in this form of voting. Instead, now we should talk about the use of foreign experience and the introduction in Ukraine of other innovative technologies, technical and software tools for organising voting and holding elections in our country, which will meet the provisions of Part 1 of Art. 18 of the Electoral Code of Ukraine.

RESPONSIBILITY OF POLITICAL PARTIES FOR VIOLATIONS OF THE PROCEDURE FOR THEIR FINANCING AND REPORTING IN UKRAINE AND THE EUROPEAN UNION MEMBER STATES

Hanna Zubenko — 2025-06-30

Introduction. The article is devoted to the study of the peculiarities of legal regulation of liability of political parties for violation of legislation on their financing and reporting. The purpose of the study is to reveal the problematic issues of legislative regulation and practical implementation of liability of political parties in Ukraine for violation of legislation on financing their activities and reporting on property, income, expenses and financial liabilities To achieve this goal, the author uses such methods of scientific research as logical and semantic, formal and legal, systemic and structural, comparative and legal, etc.

Summary of the main research results. The article considers the European regional standards for financing political parties. On the basis of the analysis of the above-mentioned standards, the main principles of liability of political parties for violation of the procedure of such financing are highlighted. The experience of some EU member states regarding the liability of political parties for violations of legislation in the field of their financing and reporting is considered. The author focuses on the legislation of Ukraine providing for offences that may be committed in this sphere.

Conclusions. The author emphasises the need to strengthen the responsibility of political parties for violations of the procedure for their financing and reporting, in particular for: non-compliance with restrictions on making contributions to support political parties; violation of the procedure for obtaining state funding for the statutory activities of a political party; violation of the procedure for submitting a report by a political party on property, income, expenses and financial liabilities.

CONCEPT AND ESSENTIAL FEATURES OF THE REFERENDUM PROCESS

Andrii Kulish — 2025-06-30

Introduction. The current Law of Ukraine “On the All-Ukrainian Referendum” uses the term “processof referendum” 266 times, but does not contain a definition of what is meant by this term. Among domestic researchers of referendum issues, few people also take responsibility for defining this concept and identifying its key elements. At the same time, domestic legislation (both current and obsolete) contains an official definition of a referendum, which does not mention the procedural form of its implementation, and therefore does not sufficiently correctly reveal the essence of this type of popular expression. Therefore, modern legal science is faced with the task of developing a conceptual apparatus capable of improving the mechanism of legal regulation, ensuring clarity and comprehensibility of the legislative text, including the procedure for organizing and conducting a referendum.

Summary of the main results of the study. In the current legislation of Ukraine and modern legal doctrine, there are different approaches to naming the procedure for organizing and conducting a referendum. In the author's opinion, the use of the term "referendum process" has an advantage over others, since it is of the same order as the names of other types of legal process that take place in constitutional law, such as "electoral process" and "legislative process". Moreover, the term "referendum process" used by the legislator is more sociological than legal in nature, since the word "process" in this context can be interpreted as a synonym for the word "course", while its use in combination with the adjective "referendum" makes a broad interpretation impossible, emphasizing that it is exclusively a type of legal process. The generic feature of the referendum process is that it is one of the types of legal process that are regulated by the norms of constitutional law. This does not raise any reservations and frees us from the need to provide an extensive list of features inherent in all types of legal process, focusing exclusively on those specific features that are essential, most important, those that distinguish the referendum process from all other types of legal process, including those regulated by constitutional law. In the author's opinion, there are three such features. The first among them is the goal of the referendum process, which has a dual nature. On the one hand, the referendum process must legally record the political will of the primary collective subject (the people or territorial community), and on the other, ensure the realization by citizens of the right to participate in referendums. The second essential feature of the referendum process is that it is implemented exclusively in an initiative manner, that is, it has an initiative nature. The third essential feature of the referendum process is its completeness (in the special literature this feature is also called imperativeness).

Conclusions. The term “referendum process” used by the domestic legislator is more sociological than legal in nature, since the word “process” in this context can be interpreted as a synonym for the word “course”, while its use in combination with the adjective “referendum” makes a broad interpretation impossible, emphasizing that it is exclusively a type of legal process. Accordingly, from the point of view of legislative technique, the term “referendum process” is more correct. The referendum process should be considered in objective and subjective aspects, which are dialectically correlated with each other as form and content. The referendum process in the subjective sense is an initiative and imperative type of legal process, which is regulated by constitutional and legal norms and aims to legally record the political will of the primary collective subject (the people or territorial community), as well as to ensure the realization by citizens of the right to participate in referendums. The referendum process in the objective sense is an institution of referendum law, which is a set of constitutional and legal norms that regulate the procedural order of legal fixation of the political will of the primary collective subject (people or territorial community), as well as the exercise by citizens of their right to participate in referendums.

CONSTITUTIONAL LEGAL PERSONALITY: MODERN UNDERSTANDING AND THEORETICAL PRINCIPLES

Vadym Momot — 2025-06-30

Introduction. The issue of legal personality in constitutional law is an important part of modern legal theory and practice, especially in the context of democratic transformations. Defining the role of the actor of constitutional law and its interaction with other participants in the legal system is crucial for ensuring the stability of the legal order and the effectiveness of public administration. However, despite numerous studies, the deeper nature of legal personality and its place in public law still requires further consideration.

Summary of the main results of the study. This article provides a theoretical and legal analysis of the concept of legal personality in constitutional law. The nature of legal personality is examined as an institutional phenomenon that reflects the role of an individual or institution in public legal relations based on constitutional norms. The author emphasizes two key characteristics of legal personality: legal capacity and dispositive legal capacity, revealing their functional significance in the organization and exercise of public power. Special attention is given to the author’s definition of the actor of constitutional law as an active participant in public political and legal relations, endowed with legal capacity and dispositive legal capacity. The significance of legal personality as an integral part of the democratic process, capable of ensuring the legitimacy of public power, is highlighted.

Conclusion. It is emphasized that the concept of legal personality should be expanded by incorporating elements of ethical responsibility and social legitimacy. The necessity for further development of this category based on an interdisciplinary approach that combines legal theory, sociology, philosophy of law, and comparative law is outlined. This will allow for the creation of a coherent and effective model of legal personality that meets the requirements of a modern democratic legal state.

PRE-ELECTION CAMPAIGNING: CONTEMPORARY CHALLENGES REGARD-ING THE REGULATION OF ONLINE RESOURCES AND MEDIA ENVIRONMENT

Bohdan Prudkyi — 2025-06-30

Introduction. The article explores the transformation of approaches to regulating issues related to pre-election campaigning within EU legislation, particularly in the context of the accumulation of political content on online platforms. Special attention is given to the principles of the “co-regulation” concept, which envisions cooperation between states and stakeholders – primarily corporations that own and operate such digital resources.

Summary of the main results of the study. An analysis of European experience and leading practices in the field of regulating pre-election campaigning in the modern media environment, combined with data on content consumption structures in Ukraine, enabled the identification of key sectoral-level challenges, including: 1) inadequate transparency in political advertising disseminated via online platforms; 2) lack of effective mechanisms for monitoring the activities of electoral process participants during online campaigning; 3) misuse risks for personal data collected through algorithmic systems; 4) corporate monopoly over the regulation of public relations involving the placement of political and campaign-related content on digital platforms. The study places particular emphasis on the search for a balanced consensus between state and corporate regulation of these relationships, and on the prospects for establishing an effective system of “co-regulation.”

Conclusion. The paper substantiates the directions for improving national electoral legislation in the context of emerging challenges linked to the digitalization of election campaigns. It also proposes a model for cooperation between the state and private legal entities aimed at balancing spheres of influence and aligning internal rules governing campaigning activities on online platforms with Ukrainian legal standards.

FROM SMART TO COGNITIVE: ARE LEGAL INSTITUTIONS READY FOR THE EVOLUTION OF THE LEARNING CITY?

Mariia Turchenko — 2025-06-30

Introduction. The intensive introduction of digital technologies into urban spaces is changing the paradigm of urbanization and requires a legal basis for its implementation. Today's stage of the scientific and technological revolution brings us closer to the new phenomenon of the "cognitive city", which involves the use of artificial intelligence, the Internet of Things, big data and machine learning not only for infrastructure management, but also for ensuring a deep understanding of community needs, short-term and long-term forecasting and adaptability. The purpose of this article is to outline the main features of the transition from a smart city to a cognitive one, analyze the legal challenges and risks of a legal nature associated with the deployment of these concepts.

Summary of the main results of the study. The digital evolution of cities has become synonymous with the term "smart city" ‒ an approach to city management that seeks to become more efficient and sustainable through the implementation of connected digital technologies. These technologies control and automate city utilities and services, exchanging information in real time with municipal administrations, service providers and city residents. “Cognitive cities” go beyond the creation of connected technological ecosystems, but also integrate advanced technologies to create intelligent and adaptive city systems. Artificial intelligence and machine learning are used to analyze huge amounts of data in order to personalize services for residents and ensure effective service delivery. A cognitive city is characterized by a proactive approach to solving potential problems, a kind of “game of anticipation”. The city does not wait for residents to ask for help, but anticipates such an appeal, as it analyzes the peculiarities of the functioning of districts, infrastructure, etc. For example, city authorities begin the reconstruction of a water supply system not because it is already leaking, but because its effective service life has passed and, accordingly, there is a need for modernization. All of the above aspects have significant legal implications, and many of these changes relate to digital law. But there are others that should be considered. The most obvious legal issues are those related to information and digital law. First and foremost, the issue that immediately comes to mind is the protection of information privacy. The vast amounts of data that pass through smart cities every day contain a lot of personal data: where we are physically at a given moment, our water and electricity consumption, how we use certain public infrastructure, etc. At the same time, it is worth clearly realizing that the development of a cognitive city will naturally raise other issues for jurisprudence that are not directly related to digital law. In particular, the creation of the infrastructure of cognitive cities requires and will continue to require changes to the law on public contracts (contracts). The most obvious area today is how the requirements for innovation - key for smart cities - will be included in such contracts.

Conclusions. Thus, both modern concepts of urban development ‒ "smart city" and "cognitive city" ‒ are designed to improve the well-being of city residents, ensure sustainable development and the development of a comfortable, safe environment. At the same time, they are accompanied by a number of challenges of a legal, social, economic and ethical nature, which requires legal regulation and finding a balance between information technologies and human rights. The use of "cognitive systems" makes it possible not only to be technically advanced, but also to "learn" and adapt to challenges. This creates opportunities for a qualitatively new level of management to ensure sustainable development. Comprehensive legal support for such an evolution of urban space should be based on a balance of interests between innovations, social acceptability and legal justification and protection of human rights and the interests of civil society.

IMPROVEMENT OF METHODS OF PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN VIEW OF THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS

Olga Voloshchenko — 2025-06-30

Introduction. The pro-European course of development of a democratic state creates a number of obligations to implement the needs to improve domestic legislation to European standards. The nature of the origin of intellectual property rights (close connection with innovative achievements in the field of scientific and technological progress) requires comprehensive approaches to solving the problems of protecting and defending rights to such objects.The development of scientific and technological progress both contributes to the emergence of innovative approaches to the creation of intellectual property objects and encourages specialized bodies to identify new ways of violating exclusive rights. The legal processes outlined above require a comprehensive doctrinal study with the prospect of developing practical recommendations on issues such as preventing actions to violate subjective intellectual property rights and protecting already violated, unrecognized, or contested rights. Taking into account the conclusions of the European Court of Human Rights is key to developing the most effective mechanisms for the protection and enforcement of intellectual property rights.

Summary of the main results. Doctrinal research into the processes of interaction between the development of intellectual property and other legal institutions (such as freedom of expression), in interaction with the use of new technologies and in the context of the practice of the European Court of Human Rights has made it possible to make the following theses: mechanisms for protecting intellectual property rights are closely linked to procedural processes that are implemented directly during the consideration and resolution of the case. In particular, court opinions perform a supporting function in matters of forming a line of defense; the quality of the level of implementation of intellectual property rights depends on the level of fulfillment of the state's positive obligations to ensure measures to protect and defend such rights. This concerns the state's obligations to comply with procedural obligations regarding the timing of procedures at the stages of pre-trial investigation and trial, etc.; the interaction of legal phenomena at the level of individual institutions contributes to the emergence and ascertainment of new forms of infringement of intellectual property rights. The practice of the European Court of Human Rights has stated and recognized as a violation the inaction of persons (in terms of checking the content of information regarding infringement of intellectual property rights) who were responsible for granting permissions to post information on the website; the permissibility of the state's application of restrictions may be determined by an urgent social need.

Conclusion.The conducted doctrinal analysis of the specialized practice of the European Court of Human Rights in the field of intellectual property rights provided an opportunity to formulate conclusions of practical importance, the use of which will contribute to the improvement of instruments for the protection of violated rights and the conduct of further scientific developments in the field of protection and defense of intellectual property rights.

APPLICATION OF THE PRINCIPLES OF EUROPEAN CONTRACT LAW AND OTHER SOURCES OF «SOFT LAW» IN INTERNATIONAL COMMERCIAL ARBITRATION

Kyrylo Voronov — 2025-06-30

Introduction. The article examines the application of the Principles of European Contract Law (PECL) and other sources of "soft law" of the European Union in international commercial arbitration. It highlights the legal foundations, practical aspects, and particularities of integrating these instruments into the practices of European arbitral institutions.

Summary of the main results of the study. It is determined that although "soft law" instruments such as the PECL and the UNIDROIT Principles of International Commercial Contracts are not formally binding, they increasingly influence the resolution of commercial disputes. This is due to their ability to effectively bridge gaps in national legislation and international treaties, ensuring uniform legal standards and enhancing predictability in arbitration awards. The practices of major European arbitration institutions, such as ICC (Paris), LCIA (London), SCC (Stockholm), VIAC (Vienna), and DIS (Germany), were analyzed. It was established that these institutions actively refer to the PECL and the UNIDROIT Principles both for direct application (when explicitly chosen by the parties) and for interpreting contractual provisions and filling normative gaps when no explicit choice of law is made. Arbitration practice particularly demonstrates extensive reliance on the PECL and the UNIDROIT Principles in matters related to interpreting obligations of the parties and applying the principles of good faith and reasonableness.

Conclusion. It is substantiated that the integration of "soft law" sources into the arbitration practices of arbitral jurisdictions reflects contemporary trends in international commercial law and meets the needs of international trade. However, further expansion of their application requires enhancing legal certainty, clarifying the scope of application of such instruments, and further standardizing the practices of European arbitration centers. In perspective, strengthening the role of the PECL and UNIDROIT Principles in international commercial arbitration can promote further harmonization of contract law at the European and global levels.

PURCHASE AND SALE CONTRACT FEATURES OF FUTURE THINGS (EMPTIO REI SPERATAE, EMPTIO SPEI) IN ROMAN LAW

Anton Guzhva — 2025-06-30

The article examines the contract of purchase and sale of future things in Roman law. Two types of contracts are analyzed: emptio rei speratae (purchase of a future thing) and emptio spei (purchase of hope).

The subject of the first type of contract could be future fruits, future harvest, offspring of animals, a slave's child. The subject of transactions for the purchase of future things could be not only those things that were already growing, but also those that had not been harvested. It is substantiated that the contract of purchase of a future thing (emptio rei speratae) was a contract under a suspensive condition: the parties have obligations: the buyer has the obligation to pay for the goods, the seller has the obligation to transfer the goods. The buyer had to pay for the goods only in the quantity in which they appear. Therefore, the risk of non-fulfillment of the contract was entirely borne by the seller: he did not receive the price in the absence of the goods. If the seller prevented the condition from occurring, the buyer would have the right to sue the seller for damages. This contract was reflected in modern legal systems.

The second contract for the sale of a future thing was called “emptio spei”, which by its legal nature was an aleatory transaction. The subject of this contract was the future catch of fish or birds, or gifts of the princeps triumphant, which were thrown into the crowd (iactus missilium). The purchase and sale was considered to be valid even if nothing was received, since we have a “purchase of hope”. In this type of contract, the risk was entirely borne by the buyer, who must pay the price even if the object of the purchase and sale did not appear at the seller’s disposal or appeared in a much smaller quantity than expected. However, the idea that a certain minimum standard of conduct was required of the seller is substantiated: the necessary actions were taken to obtain the future goods and, if successful, they were transferred to the buyer. It is found that in this type of contract for the purchase of a future thing, the seller's liability arose only in the event of the seller's bad faith.

THE SIGNIFICANCE OF THE ECHR CASE LAW FOR IT LAW

Maksym Hura — 2025-06-30

Introduction. The swift progress of information technologies and the diffusion of the latter into all spheres of life compels an uninterrupted enhancement of the legal regulation of the sphere of IT.

Summary of the main results of the study. In Ukraine, this process is further complicated by the necessity of bringing the national legislation into compliance with European norms, particularly with the practice of the European Court of Human Rights (ECHR). The paper analyses the most important rulings of the ECHR on the different aspects of the IT law: right to privacy in the information age (S. and Marper v. The United Kingdom, Kopp v. Switzerland, Roman Zakharov v. Russia), freedom of expression in the net (Ahmet Yildirim v. Turkey, Delfi AS v. Estonia), right to receive information (Ukraine v. Russia (re Crimea)).

Conclusion. The author pointed out that the decisions of the ECHR have a reasonable influence on Ukrainian legislation regarding personal data protection, censorship, Internet free speech, and providers' liability for hosted content, and they also contribute to developing a human rights culture. The author emphasised problematising the significant sectoral challenges and modalities of their solution.

SPECIFICS OF THE CONCEPTUAL FOUNDATIONS OF EU CONTRACT LAW

Zhanna Zavalna — 2025-06-30

Introduction. The article examines the scientific concepts and theories that have become the basis for the creation of contract law in the EU and Ukraine.

The article summarizes the main results of the study. As a result of the analysis of scientific papers and regulatory sources of the European Union law, the author has found that the contract law of the European Union (EU) has a profound difference from the contract law of Ukraine in terms of conceptual approaches to the contract and contract law in the broadest sense. The difference lies in the difference in the philosophical worldview and the construction of the political, economic, and legal order of the European Member States of the European Union. A set of models of legal regulation of relations and agreements between the political leadership of these states served as the basis for the creation of a single legal order in the European Union. Therefore, the EU contract law is characterized by a pluralistic approach to the creation of contract law rules. Today, three scientific concepts - liberalistic, communitarian, and utilitarian - with the latter being privileged - have the largest share in EU contract law. On this basis, the regulatory constructs of the contractual sphere reflect the pluralism of economic and legal scientific theories. The analysis of contract law in Ukraine has shown its conceptual monism. The modern Ukrainian contract law is based on the remnants of the Marxist-Leninist concept of building legal regulation of social relations in general and contract law in particular, which remained in the Ukrainian legal system as a Soviet legacy. In recent years, under the influence of globalization and European integration, the theory of contract law in particular and the system of law in general, as well as the reforms of the administrative system and the judicial system in Ukraine, have been making attempts to adapt the changes inspired by liberal concepts and the theory of natural law on the basis of legal norms based on the normative legal understanding.

Conclusion. The author concludes that the success of adaptation and harmonization of EU legislation with the legal regulation of contractual relations and the effectiveness of application of the adapted legislative provisions in Ukraine depends on understanding the essence of the concepts and theories of contract law.

ASSISTED REPRODUCTIVE TECHNOLOGIES AS A SUBJECT OF CIVIL LAW REGULATION CONCERNING THE PERSONAL NON-PROPERTY RIGHTS OF INDI-VIDUALS

Mariia Kuzenko — 2025-06-30

Introduction.The article analyzes assisted reproductive technologies (ART) as an object of civil law regulation concerning the personal non-property rights of individuals. Since ART is classified within medical activities and healthcare services, it is regarded as an object of civil law regulation concerning specific personal non-property rights. These include the right to access medical care involving ART, the right to receive information, rights associated with biological material (such as sperm, oocytes, and embryos), and the regulation of contractual relationships (including donation and surrogacy arrangements).

Summary of the main results of the study. The article highlights that the primary subjects of the right to access assisted reproductive technologies (ART) include patients namely, married couples, single women or men, and LGBT couples as well as healthcare institutions implementing ART programs, gamete and embryo donors, surrogate mothers, and state supervisory and regulatory authorities. The institutional framework supporting the right to medical services involving ART encompasses the network of medical institutions where such programs are carried out, alongside state regulatory bodies such as the Ministry of Health and the State Service on Medicines and Drugs. Particular attention is given to the role of scientific institutions engaged in research within the field of reproductive medicine, which occupy a distinct position among the institutional components of this right.

Conclusion. The problem of ensuring individuals' right to medical care with the use of ART in Ukraine is the lack of a single special law, which causes gaps in law enforcement. Among the important issues of this right are also gaps in the protection of personal data, as both the anonymity of donors and the confidentiality of potential parents may be violated due to insufficient clear control mechanisms.

CRITERIA AND RULES OF INTERPRETING CONTRACTS IN EU CONTRACT LAW

Olena Ustymenko — 2025-06-30

Introduction. The sources of EU contract law contain criteria and rules for interpreting the content of contracts. Uniform approaches to interpreting the content of concluded contracts are designed to provide the parties with a certain toolkit that helps to reach a common understanding of the content of the contract for the purpose of its proper execution or resolution of a contractual dispute. The criteria and rules for interpreting contracts provided for in EU contract law are also applied when resolving contractual disputes in national law, which indicates the importance of their study in doctrine and practice.

Summary of the main results of the study. The main criterion used when interpreting contracts in EU contract law is the intention of the parties. This criterion is applied if it is possible to establish this intention of the parties, that is, if there is no doubt about the intention of the parties, then contradictions in interpretation are eliminated. The intention of the parties during interpretation prevails over the literal content of the text of the contract. If the intention of the parties cannot be established, the provisions of the contract must be interpreted in accordance with how reasonable persons similar to the parties would have understood them in similar circumstances. The criterion of a «reasonable person» in commercial contracts must be understood as an entrepreneur who has certain knowledge and experience in the relevant field. By similar circumstances in which a reasonable person acts, in the context of interpreting a contract, one must understand the nature and purpose of the contract, the previous conduct of the parties, pre-contractual relations, the meaning given to terms and conditions in the relevant field, customs, good faith, etc.

Conclusion. EU contract law acts also offer certain rules that must be applied during interpretation in the event of ambiguity in the text of the contract. These include «favor negotii» (in favor of the validity of the transaction), the rule of preference of the first version of the text of the contract, the rule of systematic interpretation, «contra proferentem» (against the one who proposed), the rule of preference of terms that were agreed individually. The above rules can be applied and enforced in national law, where the experience of EU contract law can be useful.

SPATIAL AND PROPERTY FEATURES OF A LAND PLOT

Konstantin Peychev — 2025-06-30

Introduction. The effectiveness of legal regulation of land turnover should be based on the justification of the interaction of social, legal and economic public interests. This approach is of significant scientific relevance. Formulation of the structure and system and generalisation of the main legal provisions with a view to understanding the property characteristics of land is of sufficient relevance. The study is conducted with the aim of systematising, updating, analysing the facts and synthesising them into new understandings and formulating conclusions which describe the legal elements and allow building logical cause-and-effect relationships between them in order to predict their course and application.

Summary of the main results of the study. As has been studied, the norms of land, tax and civil legislation consider a land plot together with natural resources, buildings and structures located on it not only as a natural resource but also as a spatial basis and a complex thing with all the features of real estate. Thus, the aggregate elements of a land plot as a complex thing (property) are: soil layer, natural and anthropogenic water bodies; forests and forest belts, perennial plantations. The author distinguishes the concept of ‘space’ as an integral element of a land plot. It serves as a measure of the volume or quantity of material reality items, objects and phenomena. A land plot as a material object can occupy a place and be located only in physical space. In addition, when speaking about natural resources in general, it makes sense to use the term ‘space’ in the legal regulation of property relations in relation to forest plots, subsoil, water bodies, perennial plantations, atmospheric air, etc. The ‘space’ itself can be used by land owners and land users within the coordinates located above and below the surface of the land plot and which is accessible to the height and depth functionally necessary for the construction of buildings and structures for economic or residential purposes.
It has been established that when a land plot is alienated, the acquirer acquires ownership of perennial plantations and the soil layer within the entire plot, in full and without any restrictions on their quantity, while forests and water bodies are acquired only within the areas permitted by the Forest and Water Codes.

Conclusions. Given the framework of the regulatory and legal vision, two main features of a land plot are formulated: 1. Spatial, which includes boundaries, location (geographical coordinates) and area of the plot. 2. Property, which includes its intended purpose and the rights and obligations assigned to the plot.
As a spatial (quantitative) feature of a land plot, the author separately considers the term ‘space’ as a standard of measure. It is concluded that a land plot has all the features of property and immovable property, combining them with the spatial characteristics inherent in a land plot as a natural resource, territorial basis and means of production.

HOUSING LAW OF UKRAINE: CHALLENGES OF TODAY AND REALITIES OF MARTIAL LAW

Ievgen Michurin — 2025-06-30

Introduction. The regulation of the right to housing in the Constitution of Ukraine necessitates the development of modern housing legislation. This facilitates the protection and proper realization of the housing rights of individuals. The existence of outdated Housing Code of the Ukrainian SSR in Ukraine creates the need for reforming housing legislation. There is a need to establish modern conceptual foundations for housing legislation. New social relations emerging in the housing sector must be adequately enshrined in housing legislation. The purpose of the article is to formulate a conceptual scientific approach to the housing law of Ukraine that meets current challenges and realities. The following research methods were used: the formal-logical method was employed to identify new trends in the development of social housing relations in Ukraine; the system-structural method was applied to clarify the characteristics of the right to housing within the structure of other rights; the dialectical method was used to compare the right to housing during Soviet times and in the present.

Summary of main research results. The right to housing is part of the fundamental right to an adequate standard of living. This is reflected in international legal acts and Ukrainian legislation. Under martial law, the state has introduced new mechanisms for protecting and safeguarding the right to housing. These include a compensation program and the provision of housing certificates through the E-recovery program. Efforts continue to establish and implement new mechanisms for providing housing to temporarily displaced persons. There is a growing focus on providing housing to individuals in need due to circumstances beyond their control, supported by or thanks to the organizational efforts of international organizations and funds, charitable organizations, local communities, and volunteers. This is part of the state's policy aimed at forming a civil society in Ukraine.

Conclusions. Current societal developments and realities necessitate the creation of a Concept for the Development of Housing Legislation in Ukraine. A modern Housing Code of Ukraine should be established. This should be done considering that the rights to housing and an adequate standard of living (which includes housing) are fundamental rights enshrined in Articles 47 and 48 of the Constitution of Ukraine. The state should establish reliable legal mechanisms enabling every citizen to build housing, acquire it in ownership, or rent it, as well as ensure the provision of housing to citizens in need of social protection by the state. There is a need for special legal regulation of housing provision funded by international organizations and funds, charitable organizations, volunteers.

MODERNIZATION OF THE BANKRUPTCY SYSTEM IN THE CONTEXT OF SOCIAL PROTECTION

Natalia Sukhytska — 2025-06-30

Introduction. The article presents a comprehensive study of theoretical and practical aspects of modernizing the bankruptcy system in Ukraine through the lens of ensuring adequate social protection for the population. The research provides a thorough analysis of the current state of legal regulation of bankruptcy procedures, taking into account European integration processes and the specifics of the national economy functioning under martial law conditions. Based on the systematization of current statistical data and the results of recent scientific research, key problems in protecting the rights of employees of debtor enterprises have been identified, and scientifically grounded solutions have been proposed, considering international experience and national law enforcement specificities.

Summary of the main results of the study. The study substantiates the necessity of implementing a comprehensive approach to modernizing the bankruptcy system, which envisions a harmonious combination of economic interests of creditors and debtors with ensuring social guarantees for employees. Special attention is paid to the theoretical and methodological foundations of digital transformation in bankruptcy procedures, the development of mediation as an alternative dispute resolution method, and the improvement of control mechanisms over the activities of bankruptcy trustees. Based on the analysis of law enforcement practice and doctrinal approaches, the role of non-governmental organizations in ensuring social protection of employees during bankruptcy procedures has been revealed, and the organizational and legal framework for their interaction with state institutions has been defined.

Conclusion. Based on the research results, systematic proposals for improving the regulatory framework in the field of bankruptcy have been formulated, particularly suggesting amendments to the Bankruptcy Code of Ukraine to strengthen guarantees of employees' labor rights. The study substantiates the expediency of creating a comprehensive early bankruptcy warning system and implementing innovative mechanisms for protecting workers' rights using modern digital technologies. Considerable attention has been paid to issues of institutional support for bankruptcy procedures, particularly improving the professional training of bankruptcy trustees and judges specializing in bankruptcy cases. Based on the conducted research, practical recommendations have been developed to enhance the effectiveness of social protection mechanisms in the context of bankruptcy system reform and European integration processes.

CURRENT STATUS AND TRENDS IN THE DEVELOPMENT OF HIGHER LEGAL EDUCATION IN UKRAINE

Daria Bashynska — 2025-06-30

Introduction. The reform of higher legal education in Ukraine is an important direction of state policy, which requires the need to harmonize national educational standards with European requirements and ensure the training of highly qualified lawyers.

Summary of the main research results. The article focuses on some of the most pressing problems and prospects for the modernization of higher legal education in Ukraine. The opinion about the need to update the national system of higher legal education in connection with the integration of Ukraine into the European educational space is well-founded. It is noted that the success of the reform of legal education in Ukraine should be assessed through the prism of challenges and development trends, which will allow building a sustainable mechanism for the stable development of national legal education that meets modern standards of state policy. It is proven that the reform of legal education is an integral element of the general legal reform, which aims to increase the level of professional training of lawyers in accordance with the requirements of modern society and international educational standards. It was determined that the future development of legal education in Ukraine should be based on the principles of academic integrity, harmonization with international standards and integration of a practice-oriented approach into the educational process.

Conclusions: The transformation of legal education is a complex and long-term process that requires coordinated actions by government agencies, the scientific community, and professional associations to achieve qualitative changes in the training of lawyers.

ADMINISTRATIVE AND LEGAL MECHANISMS FOR REGULATING WORKFORCE CROWDFUNDING IN THE EMPLOYMENT SECTOR: CHALLENGES AND PROSPECTS

Daryna Bezdyenyezhna — 2025-06-30

Introduction. The article explores the administrative and legal mechanisms for regulating workforce crowdfunding in the employment sector. Emphasis is placed on the innovative approach that involves attracting financial resources from civil society, businesses, international organizations, and charitable foundations. Special attention is given to utilizing this tool for creating temporary jobs, funding retraining programs, supporting small and medium-sized enterprises, and ensuring social security for workers during periods of crisis.

Summary of the main results of the study. The author highlights the importance of integrating crowdfunding mechanisms into the activities of the State Employment Service of Ukraine, taking into account successful international practices. The article presents examples of such initiatives in various countries worldwide. Several directions for implementing crowdfunding mechanisms are proposed: supporting key specialists in regions with workforce shortages, financing retraining programs, engaging businesses in co-financing the creation of new jobs, and organizing internships. Special emphasis is placed on the potential creation of a specialized online platform for “crowd-recruiting,” which could serve as a coordination hub for uniting the efforts of the state, businesses, and civil society in funding employment-related initiatives. The article underscores the need for legislative regulation of crowdfunding mechanisms in Ukraine’s employment sector. The author suggests amending the Law "On Employment of the Population" and the Budget Code of Ukraine to define the procedure for accepting charitable contributions to support employment initiatives. Additionally, the creation of legal frameworks to ensure transparency and targeted use of collected funds is recommended.

Conclusions. The author emphasizes that implementing the “workforce crowdfunding” model requires coordinated actions from the central government, local authorities, businesses, and civil society. In this context, the active participation of the State Employment Service as a project coordinator and financial resource administrator will be crucial. The article highlights the significant potential of workforce crowdfunding as a tool for supporting employment in times of economic instability. The proposed mechanisms could become an effective means of preserving human capital, promoting labor market development, and ensuring sustainable socio-economic growth in Ukraine during crisis periods.

ADMINISTRATIVE AND LEGAL STATUS OF PERSONS FIT FOR MILITARY DUTY IN UKRAINE

Daria Ryndych — 2025-06-30

Introduction. As a result of the full-scale aggression against Ukraine, the Armed Forces of Ukraine, whose purpose is to protect our state, its sovereignty, territorial integrity and inviolability, have assumed significant importance and place.

Actuality. In the current conditions of the development of the Ukrainian state, the issue of forming an effective system of management of defense and national security has become acute. In light of this, a significant number of changes have been made to the current legislation aimed at improving the organization and functioning of the Armed Forces of Ukraine. The issue of normalizing the administrative and legal status of persons who are suitable for military service, including in the conditions of the introduction of the legal regime of martial law, was no exception. The goal is to study the principles of the administrative and legal status of persons who are eligible for military service.

Main results of the research. This article examines legislative approaches to the modern understanding of the concepts of "conscript" and "military serviceman", due to the introduction of martial law in Ukraine. Attention is drawn to the fact that these interpretations remain controversial in national legislation, therefore, the theoretical approaches of legal scholars to the understanding of these concepts are analyzed. The issue of the suitability of a recruit for military service was raised. For a better understanding of the concept of "conscript", scientific positions are presented regarding its inherent characteristic features. The emphasis is on the administrative and legal status of a military serviceman, which constitutes the essence of legal relations within the framework of military service and is a complex mechanism, since it is endowed with a multi-component structure, which is reflected in the legislative system of regulatory legal acts.

Conclusions. Based on the analysis of modern research and current Ukrainian legislation, an own interpretation of the concepts of conscript and military serviceman is proposed. The proposed interpretations, compared to those currently prescribed in the legislation, are considered broader and more appropriate, since they include components that do not depend on the will of the person and, through the norms of law, provide an opportunity to encourage individuals to fulfill their constitutional obligations to protect/defend Ukraine, as well as to hold accountable those who evade this military duty.

ADMINISTRATIVE AND LEGAL MECHANISM FOR ENSURING THE MENTAL HEALTH OF STUDENTS IN HIGHER EDUCATION INSTITUTIONS

Alla Smulska — 2025-06-30

Introduction. In the current conditions of deep socio-economic transformations caused by total digitalization, the COVID-19 pandemic and, most importantly, the full-scale invasion of the Russian Federation, the issue of ensuring the mental health of modern Ukrainians is becoming increasingly relevant.

Summary of the main results of the study. The diversity of Ukrainian society, which has become more noticeable since 2014 against the backdrop of the war; obtaining unequal experience during the war; the presence of distinctive political views or ambiguous attitudes towards the events taking place; the unequal state of material security of the population; the gap between the rear and the front and much more, which can later cause tension among citizens, therefore, society must already today become adaptively flexible in order to be able to adapt to changes; resilient in order to withstand challenges, and knowledgeable in order to realistically assess the state of affairs, that is, to exist within the framework of a strategy to increase social inclusion. Social inclusion is partly achieved through access to markets and services, in particular educational ones, so education and social inclusion are closely related. Ukrainian universities should make a powerful contribution to overcoming crisis phenomena and forming a new social paradigm, in particular by promoting social inclusion. The relevance of the outlined topic is due to the need to improve the administrative and legal tools that are able to effectively respond to the needs of student youth in the field of mental health. The problem of human health today has grown to planetary proportions, since the future of humanity depends on it. Mental disorders have been studied by various specialists at different times. Today, this problem is a circle of scientific interests of psychologists, psychotherapists, psychiatrists and other specialists who are interested in studying various aspects of mental health and its improvement. The purpose of the study is to analyze the administrative and legal principles (mechanism) of ensuring the mental health of students in higher education institutions of Ukraine and to formulate proposals for its improvement.

To achieve this goal, we will define the following tasks:

- To reveal the concept and meaning of the mental health of student youth;

- To identify the subjects of the administrative and legal mechanism for ensuring the mental health of participants in the educational environment in higher education institutions;

- To analyze the current legislation in the field of ensuring the mental health of student youth;

- To identify the components of the administrative and legal mechanism for ensuring the mental health of student youth.

The mental health of students in higher education institutions is determined by a set of factors. This is a state of well-being that affects academic motivation, academic success, social interaction and the overall quality of life of students. Today, the educational policy of higher education institutions is aimed at creating a psychologically comfortable, safe and inclusive educational environment by increasing the competence of all participants in the educational process; studying stress factors and minimizing their impact; creating conflict-free conditions for interpersonal communication; cultivating mechanisms of psychological resilience of students in the process of their education by familiarizing them with the main strategies of stress resistance, etc. The subjects of the administrative and legal mechanism for ensuring the mental health of participants in the educational environment in higher education institutions are, in particular, the Ministry of Education and Science of Ukraine; higher education institutions themselves, represented by their leadership; the psychological service of the higher education institution; student self-government. Thus, the Ministry of Education and Science determines the policy and regulatory framework, the management of the higher education institution provides institutional conditions, psychological services work directly with students, and student self-government acts as a connecting link between students and the administration. It is important that all these levels interact systematically, ensuring a holistic model of mental health support in higher education institutions. At a time when students are faced with numerous psychological challenges - war, uncertainty, distance learning, financial difficulties, an important role among the subjects that ensure the mental health of participants in the educational environment in higher education institutions is played by student self-government - an autonomous, democratic environment that unites students around solving important issues, in particular regarding their well-being and mental comfort. Its role is not only to represent the interests of students, but also to create a safe, supportive environment. In the structure of the administrative and legal mechanism for ensuring the mental health of student youth, the following components can be distinguished: regulatory and legal support for the process; the presence of an organizational management structure; implementation of administrative and managerial procedures; legal regulation of rights and obligations; application of control and sanction instruments.

Conclusions. Therefore, supporting the mental health of students in higher education institutions is of great importance, especially in conditions of martial law and given that the role of higher education institutions as a center of social inclusion and cohesion, where citizens with different capabilities and abilities meet and socialize, respect for human rights, a sense of unity, and solidary views towards the revival of post-war Ukrainian society, is increasingly growing.

STATE BORDER AS A MEANS OF ENSURING THE EXISTENCE OF SOCIETY AND STATE

Ihor Panov — 2025-06-30

Introduction. The article considers the issue of the state border as one of the elements that ensures the existence of society and the state. Today, the issue of the state border is quite important not only from the point of view of preserving the sovereignty of the state, but also from the theoretical essence. The border acts as a means of authenticity, unification, determination of the spheres of action of government bodies, state institutions, the sphere of action of law, security guarantees, etc. That is, it is it that determines the boundaries of the existence of all elements belonging to the state. Then the question arises of determining the essence of the state border as a means of ensuring the existence of society and the state.

Summary of the main research results. For the study of the specified topic, the main components that determine the composition of the subject of the study were considered. Namely, the issue of society, the state and the borders of the state, which is the main element of this phenomenon, was considered. It was determined that society is a set of people living in a common territory and connected by common interests. The state is defined as a political and territorial organization of society in a specific territory, where the legal system operates, there are authorities, a taxation system, an army, as well as optional elements such as: a flag, a coat of arms, an anthem, a currency, a language. The state border acts as a unifying element of society and the state, as well as a feature that guarantees the unity of the existence of members of society in a certain territory and the sphere of distribution of power of state bodies, the legal system.

Conclusions. Having studied scientific views and analyzed the results obtained, the connection of the state border with the key components of the study was established, namely society and the state. It was determined that society is a primary phenomenon that determines the emergence of the state, as a means of organizing its members and managing them. Law acts as a means of influencing the state on society by regulating social relations. The state border is the main element of the state phenomenon that determines the boundaries of the existence of the state in which society lives (i.e. it also determines the boundaries of the existence of society) and the scope of law, which itself acts as a means of ensuring the existence of society and the state.

THE DEADLINE FOR AN APPEAL AFTER THE COMPLETION OF A FULL COURT DECISION IN CASES THAT ARE URGENT

Iryna Panova — 2025-06-30

Introduction. This article discloses problematic issues related to the terms of appeal of court decisions after drafting a full court decision in cases that are urgent in administrative proceedings. The review process determines the state of stability of the legal system and the fairness of court decisions. The article reveals the factors that influence the efficiency and duration of appeal administrative proceedings, the improvement of such a procedure, and the factors that can influence the speed and increase the efficiency of consideration of administrative cases, which, in turn, also has a decisive influence on the level of trust of citizens in the administrative process. Appellate administrative proceedings are the stage of judicial review of cases in Ukraine, at which the decision of the administrative court of first instance is reviewed.

Summary of the main results of the study. According to the analyzed domestic sources that regulate the legal application of the provisions of administrative proceedings in Ukraine, including taking into account the fruits of the doctrinal developments of scientists, which reveal the aspects of appellate administrative proceedings in this court, several significant factors can be singled out, which have a decisive influence on the efficiency of appeal administrative proceedings. These include the vagueness of the procedure for calculating the time limit for an appeal, the problem of inadequate legal and regulatory support for procedural requirements in preparation for consideration of an administrative case in an appellate court. Also, the court of the first instance may not take into account the negative instructions of the appellate administrative court when sending the case for further consideration by the appellate court. Another problem in administrative proceedings is the improper observance of established statutory deadlines for consideration of appeals, which may lead to the impossibility of implementing the principle of discretion by the administrative appeals court.

Conclusion. This article proposes to solve problematic issues and fill gaps in national legislation in order to determine the procedure for calculating time limits in the case of administrative appeals of court decisions of first instance courts in cases that are urgent.

ON THE ISSUE OF ADMINISTRATIVE AND LEGAL SUPPORT OF STATE DEFENSE

Kateryna Plotnikova — 2025-06-30

Introduction. In the context of russian military aggression against Ukraine, scientific research and the study of general patterns and characteristics of the administrative and legal support of the state's defense are of great importance. Ensuring the defense of Ukraine is complicated not only by actual military actions and significant financial costs, but also by the need for socio-economic reforms, including defense reforms. Under these circumstances, the fulfillment of constitutional functions for the defense of Ukraine, the protection of its sovereignty, territorial integrity, and the existence of an effective defense system become priorities, which is the main condition for guaranteeing territorial integrity and national sovereignty. The goal is to clarify the principles of administrative and legal support for the defense of the state. Methods: Theoretical and general scientific (analysis, synthesis, systematization), empirical method.

Main results of the research. The issue of administrative and legal support for the defense of the state is considered. Scientific views on such legal categories as "legal support" and "administrative and legal support" in various spheres of public relations are investigated. The concept of "administrative and legal support for the defense of the state" is considered and its fundamental features are established, namely: it is implemented by special entities of support, the powers of which are regulated by law; it is established on the basis of administrative law norms; it is implemented through special tools (mechanisms, measures); the activities of public administration entities are reduced to the adoption of laws, subordinate regulatory legal acts and their implementation.

Conclusions. Administrative and legal support for the defense of the state is a systematic activity of defense entities, which is regulated by administrative and legal norms, primarily the activities of public administration entities, regarding administrative and legal regulation, implementation, protection and defense of public relations in the field of defense, guaranteeing the rights and legitimate interests of all subjects of legal relations, which aims to create appropriate conditions for the defense of the state during armed aggression.

PRINCIPLES OF IMPLEMENTATION OF THE STATE ANTI-CORRUPTION POLICY OF UKRAINE

Tetyana Khabarova — 2025-06-30

Introduction. The article examines the legal foundations of the implementation of state anti-corruption policy as one of the prerequisites for reducing the level of corruption.

Summary of the main results of the study. The author substantiates the importance of clarifying the system and role of the principles of implementing the state anti-corruption policy. The content of the legal principles of implementing the state anti-corruption policy is determined, in particular, as the fundamental principles, guidelines that should be followed in practical activities by subjects of corruption prevention, in order to eliminate the prerequisites, fact and consequences of corruption. Attention is focused on the fact that the principles of implementing the anti-corruption policy should not be perceived purely as a "theoretical basis", they directly have the meaning of legal requirements that are mandatory for implementation and compliance. In general, the position is expressed that the principles of implementing the anti-corruption policy should be recognized as guidelines that deter subjects of corruption prevention from violating the law during the implementation of anti-corruption policy measures.

Conclusion. Priority principles for the implementation of state anti-corruption policy should be recognized as those whose content is aimed at creating awareness of the need for lawful behavior. The main principles for the implementation of anti-corruption policy are proposed to include: the principle of legality, the principles of openness and transparency, the principle of public participation in the implementation of anti-corruption measures, as well as the principle of integrity.

LEGAL PROVISION FOR THE ADVANCED QUALIFICATION OF CIVIL SERVANTS OF UKRAINE

Kyrylo Chekhoiev — 2025-06-30

The purpose of our study is to trace the features and legal support for the professional qualifications of civil servants. It is emphasized that the crisis in Ukraine requires adaptation to the norms of the European Union, permanent changes in the organization of work in combination with the need for constant professional improvement of civil servants require the creation of an effective legal framework for professional development and a mechanism for implementing their obligation to continuous professional training, which includes advanced training of specialists. It is substantiated that professional training and advanced training of civil servants play an important role in the system of personnel management of the state apparatus, providing it with highly qualified and competent specialists. Professional training is the cornerstone of increasing the effectiveness of the functioning of the state apparatus of Ukraine. Therefore, the author cites legal regulatory acts that regulate and ensure continuous and advanced training of civil servants. The study proves that a civil service career is built on a sequence of positions held in the power hierarchy, which is a consequence of the experience gained in the process of practical work and constant professional growth. The article emphasizes that civil servants often lack the necessary information and competence to effectively respond to specific challenges. Therefore, professional training and advanced training become critically necessary for them and therefore are one of the most relevant topics of scientific research today.

DETERMINANTS OF THE CRIMINAL OFFENSE PROVIDED FOR BY ARTICLE 435-1 OF THE CC OF UKRAINE (INSULTING THE HONOR AND DIGNITY OF A MILITARY SERVICEMAN, THREAT TO A MILITARY SERVICEMAN)

Olexandr Khramtsov — 2025-06-30

Introduction. The unleashed war of Russia against Ukraine forced the legislator to properly look at the protection of professional honor and dignity, mental integrity of military personnel. The result was the criminalization of insults and threats of violence and other actions against military personnel and their family members and the distribution of relevant materials. But effective counteraction to this dangerous socio-legal phenomenon is impossible without criminological support, which is aimed at elimination the causes and conditions of its occurrence and existence. It is the impact on criminogenic factors that will allow to effectively counteract the latter.

Summary of the main results of the study. The article emphasizes that the criminal offense provided for in Art. 435-1 of the Criminal Code of Ukraine, caused by a number of subjective and objective criminogenic factors. It is noted that the most important among them are political criminogenic factors, which include: the absence of a universal political ideology in our country; abuse of the rules of political expediency by the authorities; influence on the consciousness of Ukrainians by the government of the aggressor country, which often speculates on universal values; presence of the practice of political and legal populism in the activities of the power structures of our country. It is emphasized that the determinants of this criminal offense are also ideological in nature. This complex of determinants is caused by the absence of a defining social ideology and national idea. An important element of this complex of determinants is the decline of the spiritual sphere of our society, the negative influence of the mass media, and especially the implementation of information warfare and information terrorism. One should also not ignore the subjective factors that give rise to various manifestations of criminal verbal aggression and criminal mental violence, the manifestation of which is the offense under investigation.

Conclusion. For the implementation of criminal policy in the field of combating the offense provided for in Art. 435-1 of the Criminal Code of Ukraine, the criminal law measures themselves are clearly not enough. Proper criminological support is required, which is impossible without an analysis of criminogenic factors (determinants). It is their establishment, analysis and elimination that should become a priority area in the activities of the subjects of prevention of this manifestation of criminal aggression and violence.

PROCEDURAL ASPECTS OF RETURNING THE INDICTMENT TO THE PROSECU-TOR DURING THE PREPARATORY COURT SESSION

Sergij Tereshchuk — 2025-06-30

Introduction. The article is devoted to the rather important and topical topic of equality of parties in the legal process, attention is paid to the procedural aspects of the return of the indictment in the preparatory court session.
Summary: during the preliminary court hearing, the court makes decisions that are important and necessary to simplify the procedure for hearing the case on its merits. In most cases, the preparatory court session ends with the appointment of a trial on the basis of an indictment, a request for the application of coercive measures of a medical or educational nature. Less often, the court returns an indictment, a request for the application of coercive measures of a medical or educational nature to the prosecutor, when they do not meet the requirements of the Criminal Procedure Code of Ukraine. One of the tasks of the prosecuting party is to support the state prosecution in court, to prove the guilt of the accused, that is why the prosecuting party is interested in the appointment of a trial on the basis of the indictment, a request for the application of coercive measures of a medical or educational nature. If the court decides to return the indictment, the prosecutor has the opportunity to appeal this decision, in accordance with Part 4 of Article 314 of the Criminal Procedure Code of Ukraine. In most cases, the request for the return of the indictment is submitted by the defense party, which is interested in eliminating the shortcomings and returning the indictment to the prosecutor. If the court refuses to grant the request for the return of the indictment, the defense does not have the opportunity to appeal this decision. This puts the prosecution and the defense in procedural disparity.

Conclusion: it is proposed to solve this issue by making changes to Part 4 of Article 314 of the Criminal Proce-dure Code of Ukraine

IMPOSING ARREST ON VIRTUAL ASSETS AS A MEASURE TO SECURE CRIMINAL PROCEEDINGS IN CRIMINAL PROCEEDINGS CONCERNING THE LEGALIZATION (LAUNDERING) OF PROPERTY OBTAINED BY CRIMINAL MEANS

Olga Shayturo — 2025-06-30

Introduction. The current level of crime is characterized by the spread of the use of virtual assets, which become the subject, means, income from their commission, the subject of confiscation in criminal proceedings. In this regard, questions logically arise regarding the determination of the procedure for taking measures that would ensure the further implementation of the execution of the punishment imposed by the court in relation to such assets.

Summary of the research results. The article attempts to generalize existing views on the problems of imposing an arrest on virtual assets as a measure to secure criminal proceedings, in particular in criminal proceedings regarding the legalization (laundering) of property obtained by crime. The author's view on the procedure for applying an arrest on virtual assets is proposed, which is defined as a set of sequential stages of the activities of an investigator, prosecutor, investigating judge or court.

Conclusions. Based on the results of the study, it was concluded that the process of imposing an arrest on virtual assets in criminal proceedings on legalization (laundering) of property obtained by criminal means consists of the following stages: 1) making a decision on the presence of grounds for applying the arrest of virtual assets in criminal proceedings; 2) in urgent and exceptional cases, imposing an arrest on virtual assets without obtaining permission from the investigating judge or court, but by decision of the Director of NABU or his deputy, agreed with the prosecutor; 3) filing a petition for the arrest of virtual assets with the investigating judge, court; 4) consideration by the investigating judge or court of the petition and resolution of the issue of the arrest of virtual assets; 5) execution of the court decision on the arrest of virtual assets.

SOME ASPECTS OF LEGAL SECURITY OF CIVIL-MILITARY COOPERATION

Yevhen Hrygorenko — 2025-06-30

Introduction. The article forms the basis of basic methodological assistance for the assistant commander for legal work on qualified provision of proposals and consultations to the command on resolving issues of legal support of civil-military cooperation at the appropriate level. After all, the assistant commander for legal work (legal advisor) as a military serviceman, responsible both in peacetime and in wartime for the organization and state of legal work in the brigade, must be able to participate in the implementation of comprehensive creation of favorable conditions for achieving military goals by means of legal support of the organization and maintaining the proper level of civil-military interaction with objects of the civilian environment in the areas of performance of tasks stipulated by current legislation.

Summary of the main results of the study. The article notes that the implementation of activities in the field of civil-military cooperation is significantly enhanced due to the processes of democratization in the system of organization and functioning of the security and defense sector of Ukraine, taking into account new realities, within which citizens and public associations who voluntarily participate in ensuring national security and defense make a significant contribution to the implementation of goals and objectives in this area, which was especially confirmed in the conditions of the legal regime of martial law. Both in peacetime and in wartime, the implementation of civil-military cooperation raises the question of ensuring legality during the organization and functioning of this type of cooperation in the field of comprehensive support for the vital activities of units of the security and defense sector of Ukraine, as well as when implementing democratic civilian control over units of the security and defense sector of Ukraine as a measure of civil-military cooperation.

Conclusion. The capabilities of public associations within the framework of legal work on organizing civil-military cooperation in the field of implementing democratic civilian control play a significant role. In particular, they can receive information from the military command on the activities of the components of the security and defense sector, in addition to information with limited access, in accordance with the established procedure; conduct research on national security and defense issues, publicly present their results, create public funds, centers, expert groups, etc. for this purpose. Both the command and the legal advisor can rely on such developments in their activities; conduct public examination of draft laws, decisions, programs, present their conclusions and proposals for consideration by relevant state bodies; participate in public discussions and open parliamentary hearings on the activities and development of the security and defense sector, issues of legal and social protection of military personnel and employees of intelligence and law enforcement agencies, in particular those discharged or retired, participants in hostilities and members of their families.

HISTORIOGRAPHY OF THE EVOLUTION OF INTERNATIONAL LAW AND ITS SCIENCE: MAIN STAGES OF FORMATION AND DEVELOPMENT

Oleksandr Havrylenko — 2025-06-30

Introduction. The article is dedicated to the analysis of the evolution of international law and its science through the prism of historiographical research. It aims to identify the main stages of the formation and development of international legal concepts that reflect changes in international relations from ancient times to the present day. The article discusses key scientific schools that have shaped international law as a science, as well as important historical factors that have influenced its development.

Summary of the main research findings. The main part of the research highlights the key stages of the formation of the historiography of international law, starting from its origins in antiquity, through the Middle Ages and the early modern period, when, based on the works of predecessors, researchers began to systematize the main principles of international relations. The author emphasizes the importance of the works of prominent legal scholars such as Isidore of Seville, Raymond of Penafort, Guillaume de René, Sinibald de Fieschi, Thomas Aquinas, Christine de Pizan, Hugo Grotius, Cornelius van Bynkershoek, Samuel von Pufendorf, and others. The article highlights the deep interest in international law's history demonstrated by researchers working at universities located on the territories of Ukraine (both within the Russian Empire and the Austro-Hungarian Empire) in the 19th and early 20th centuries. The main findings of the research also focus on the historiography of international law in the context of changes that took place in the second half of the 20th century and the beginning of the 21st century, with an emphasis on the features of contemporary foreign and domestic historiography. Special attention is paid to modern approaches that unite different legal systems in a global context and the need to adapt international law to new challenges.

Conclusion. The conclusions emphasize the importance of understanding the evolution of international law through a historiographical lens for a deeper understanding of contemporary issues in international relations and law. The analysis conducted reveals how historical events, cultural and political changes influenced the formation of modern international legal doctrine. It is noted that the development of the historiography of international law is an ongoing process, continuously adapting to changing conditions. The growth in the number of scholarly works on the history of international law reflects the overall trend towards specialization and universalization. Scholars focus not only on studies that generally characterize the stages of development of international law, but also on more specific aspects, such as the analysis of individual international treaties, the history of particular branches or institutions of international law, etc.

INTERNATIONAL LEGAL BASIS OF SECURITY COOPERATION OF UKRAINE: THEORETICAL AND PRACTICAL ASPECTS

Vladyslav Grichanichenko — 2025-06-30

Introduction. The article analyzes the main approaches to the interpretation of the concept of "international treaty" and its legislative consolidation in the provisions of the Law of Ukraine "On International Treaties". It is established that since the moment of Ukraine's independence, bilateral agreements have been signed, in particular with NATO, aimed at cooperation in the field of security and defense within the framework of the "Partnership for Peace" program. It is noted that after the start of the full-scale invasion, Ukraine concluded a number of bilateral security agreements, the provisions of which provide for the cooperation of our state with Italy, Canada, Great Britain and Northern Ireland, France, Denmark and Germany. It is determined that the provisions of all these bilateral security agreements, which were concluded between Ukraine and Western partners in 2024, provide for the provision of assistance in various areas, supporting our state in the process of full-fledged protection and restoration of territorial integrity, economic reconstruction and counteraction to Russian aggression. In addition, France, Germany, Denmark and Canada have expressed their readiness to provide macroeconomic and military financial support to Ukraine.

Conclusion. The results of the analysis of bilateral security agreements between Ukraine, NATO and individual partner states have established the existence of a single and common aspiration of the international community to counter Russia's armed aggression, ensure peace and order both on the European continent and in the world as a whole. The conclusion of such agreements is a positive indicator for Ukraine in the field of international cooperation with foreign partners, and although these agreements require improvement, they serve as a basis for further formation of the international legal framework for security cooperation of Ukraine. In addition, Ukraine's active dialogue with foreign partners should ensure the unification of efforts to increase the defense capabilities of our state.

DAG HAMMARSKJÖLD AND THE CONCEPT OF PREVENTIVE DIPLOMACY

Yuriy Dreval — 2025-06-30

Introduction. The present is characterized by the aggravation of contradictions in the international arena, which are increasingly taking the form of armed clashes and military aggression. Under such conditions, the question arises of the ability of the United Nations to ensure the implementation of its statutory goals, primarily in the part where it is about maintaining international peace and security. In this sense, important importance should be attached to positive examples of the participation of this organization in the prevention and resolution of international conflicts, to which the activities of Dag Hammarskjöld as UN Secretary General rightfully belong.

Summary of the main results of the study. The main components of Dag Hammarskjöld's diplomatic activities as UN Secretary-General are systematized. The reasons for the introduction of the concept of preventive diplomacy are revealed, which primarily concerned the inability of the Security Council to reach an understanding on the issues of an adequate response to the escalation of disputes in the international arena. It is confirmed that a kind of "creed" of Dag Hammarskjöld's political activities was a firm belief in the possibilities of preventive or "quiet diplomacy", that is, approaches to resolving disputes based on negotiations and informal discussions.

Conclusions. The position on the essence of the concept of preventive diplomacy in the understanding of Dag Hammarskjöld, which was based on a thorough study of all the causative agents of conflict situations, the involvement of all interested parties in the negotiation process, and at the same time the rejection of any dictates from representatives of major powers, is substantiated.

HATE SPEECH AS A CHALLENGE FOR MODERN SOCIETIES: INTERNATIONAL LEGAL ASPECT

Tetyana Syroid — 2025-06-30

The article explores the issue of hate speech in the context of security challenges for human rights and societies as a whole. It focuses on the factors that exacerbate the spread of hate speech in societies, including risk situations (pandemics, natural disasters), economic instability, armed conflicts, internal political upheavals, etc. The study highlights the tools facilitating the dissemination of hate speech, thereby contributing to unlawful actions, particularly the use of information and communication technologies, the internet, social media, and various broadcasting platforms.

The article identifies vulnerable groups in any society that are most at risk from hate speech (representatives of national minorities, LGBTQ communities, women, migrants, etc.) and emphasizes the negative impact of hate speech on young people and adolescents, which will have consequences for society as a whole. Since young people form the demographic foundation of any state, governments must foster the development of a future society based on respect for diversity and the recognition of human dignity as the highest value.

The study provides a consolidated definition of hate speech in accordance with universal and regional international instruments and presents the relevant case law of the European Court of Human Rights. It outlines measures to counter hate speech implemented at the level of international intergovernmental organizations (UN, Council of Europe, European Union, OSCE), specialized agencies and institutions (UNESCO, EU Agency for Fundamental Rights, Office for Democratic Institutions and Human Rights). These measures include legal and political actions, awareness-raising and educational initiatives, media engagement, and support for victims. Relevant conclusions and recommendations are provided.

LEGAL PRINCIPLES OF COOPERATION OF STATES WITH INTERNATIONAL FINANCIAL ORGANIZATIONS

Vasyl Shamraiev — 2025-06-30

Introduction. The article is devoted to the analysis of international legal support for cooperation of states with international financial organizations (IFOs). It aims to reveal the current state and prospects for the development of international economic cooperation through the improvement of international legal norms that regulate macroeconomic support to states by international financial organizations. The article focuses on the analysis of the founding agreements of such financial organizations as the IMF, EBRD, IBRD, etc., bilateral agreements between IFIs and individual states, as well as soft law norms in this area, which are not binding, but significantly affect national legal regulation.

Summary of the main research findings. The main part of the study highlights the main approaches to defining the concept of "international financial organizations" and analyzes the founding documents as the legal basis for their functioning. The author identifies the international legal basis for cooperation between states and IFIs, which is usually drawn up in the form of memoranda of understanding, loan agreements, letters of intent and cooperation programs. A separate block is also formed by soft law norms, since IFIs in the process of developing cooperation issue analytical reports, recommendations, financial policy standards, which are not binding, but significantly affect the national economic law of individual states. The article analyzes such international financial organizations as the IMF, whose main role is to ensure currency stability, lending, and monitoring macroeconomic policy; the World Bank, which is a group of institutions that lend to development and infrastructure projects; the European Bank for Reconstruction and Development, which is focused on the development of market economies, the reform of post-Soviet countries, and finances public and private projects in the economy, energy, and innovation. Within the framework of the development of cooperation with IFIs, member states have the legal capacity to conclude international agreements; are entitled to participate in management (through voting); and are responsible for complying with obligations, including in the budgetary and debt spheres.

Conclusion. The conclusions emphasize the importance of understanding the latest challenges facing states in the development of economic cooperation and the importance of improving the international legal framework, especially in the field of regulating the functioning of IFIs. The main problems in this area include the imperfect legal provision of lending conditions, which are sometimes perceived as interference in the domestic policy of a particular state; problems of the balance of sovereignty and enforcement, etc. In view of this, further reform of the voting system within individual international financial organizations, improvement of transparency procedures and strengthening of the legal status of soft law norms in national legal systems are considered promising areas for improving the legal framework in the sphere of cooperation of individual states with IFIs.

INTERNATIONAL STANDARDS FOR THE PROTECTION OF POLITICAL HUMAN RIGHTS: DEFINITION, STRENGTHENING AND PROTECTION

Valentina Shamrayeva — 2025-06-30

Introduction. Political human rights are an integral part of a democratic system and provide the opportunity for each person to participate in the formation of state power, control over its activities and protect their own interests. Their study is especially relevant in the context of the spread of authoritarian tendencies in some countries, restrictions on freedom of speech, participation in the management of state affairs; armed conflicts and crises that threaten the basic political rights of citizens, such as the right to vote, the right to freedom of assembly, etc.; the digitalization of politics, which creates new challenges (censorship on the Internet, cyberattacks to influence elections); the need for effective implementation of international standards, in particular the International Covenant on Civil and Political Rights of 1966 and the European Convention on Human Rights of 1950.

Summary of the main research findings. Political human rights are a set of rights that provide an individual with the opportunity to participate in the political life of society and the state. They directly affect the ability of an individual to exercise their other rights and freedoms, therefore their protection is of fundamental importance for the stability and development of the legal systems of modern states. Fundamental political rights include: the right to participate in the management of state affairs (personally or through representatives), which is enshrined in Article 25 of the ICCPR; the right to vote and to be elected; the right to freedom of thought, conscience and religion - Article 18 of the ICCPR; the right to freedom of expression - Article 19 of the ICCPR, Article 10 of the ECHR; the right to freedom of peaceful assembly and association - Articles 21, 22 of the ICCPR, Article 11 of the ECHR; the right to access information; the right to appeal to state authorities. These rights are fundamental and in many cases have a status close to the norms of jus cogens (peremptory norms of international law). That is why they have extensive protection systems at both the national and international levels. The national level can be briefly represented by constitutional guarantees (for example, the Constitution of Ukraine, Chapter II “Rights, Freedoms and Duties of Man and Citizen”), the system of judicial protection (courts of general jurisdiction and specialized courts), the institution of Ombudsmen (human rights commissioners), the work of election commissions and administrative control bodies, etc. This publication pays special attention to the evolution of the system of international protection of political human rights. In particular, at the global level within the UN system, this is the Human Rights Committee, whose competence includes the consideration of individual complaints under the Optional Protocol to the ICCPR. At the regional level, for example, in the Council of Europe system, this is the European Court of Human Rights (ECHR), which considers complaints about violations of political rights under the European Convention. The OSCE system includes the Office for Democratic Institutions and Human Rights (ODIHR), whose competence includes election observation and democracy support, etc.

Conclusion. The conclusions emphasize the presence of significant challenges facing the system of protection of political rights, and their study is especially relevant in the context of transformational processes in the world - from the change of political regimes to the challenges of the digital age. Ensuring effective mechanisms for their protection at the national and international levels remains a key condition for the establishment of democratic values, the rule of law and sustainable development of society.