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

LEGAL BASIS OF THE ACTIVITIES OF LOCAL GOVERNMENT BODIES AT THE CITY AND VILLAGE LEVEL IN GALICIA (1772-1867)

Ihor Boyko — Tue, 24 Dec 2024 00:00:00 +0000

Introduction. This article analyzes the features of local self-government organization at the city and village levels in Galicia within the Austrian Monarchy (1772–1867).

Summary of the main results of the study. It is noted that the majority of the Ukrainian population in Galicia was concentrated in villages. For instance, in the Carpathian region, the rural population accounted for 82 % of the total population. At the beginning of the 19th century, the socio-economic life in Galician villages was characterized by the development of corvée agriculture, the growth of landlessness, and the stratification of the peasantry. The administrative-territorial division in Galicia was distinguished by the fact that the Austrian government did not create a lower tier of the state apparatus and transferred political power in rural areas to the landlords (dominions), thereby strengthening the feudal order. It is argued that significant changes in the organization of local self-government in Galicia within the Austrian Monarchy occurred after the revolution of 1848, which had a significant impact on the awakening of national consciousness among Ukrainians and the development of ideas of local self-government in Western Ukrainian lands. This was also facilitated by Austrian legislation, enacted under the influence of revolutionary ideas. In particular, the law of March 17, 1849, proclaimed the idea: «A free community is the foundation of a free state». A new stage in the development of local self-government was marked by the Austrian law on communities in Galicia (1866), which defined that a community consists of every city, town, and village that has its own local government. The representative body of rural and urban communities in Galicia was the communal council, which «consists of elected members and members who belong to it without election (so-called virilists)». The communal council met as necessary, but not less than once every three months. The right to convene it belonged to the head of the community or his deputy. The head was also required to convene the council if requested by 2/3 of the council members, the eldership, or the district council. He was also obliged to inform the council members about the next meeting. The council was considered competent to make decisions if more than half of the council members were present at the meeting.

Conclusion. Thus, the organization of local self-government at the city and village levels in Galicia within the Austrian Monarchy (1772–1867) demonstrates the influence of European traditions on the Western Ukrainian lands. The expansion of the rights of territorial communities in Galician villages was particularly positive, contributing to the development of Ukrainian society. Ukrainians developed democratic traditions of local self-government and always strived for orderly social relations and independent local governance.

FORMATION AND FEATURES OF THE VARNA-CASTE SYSTEM OF SOCIAL ORGANIZATION IN ANCIENT INDIA

Oleksandr Havrylenko, Ihor Lohvynenko, Yevheniia Lohvynenko — Tue, 24 Dec 2024 00:00:00 +0000

Introduction. Ancient India has always attracted the interest of politicians and scientists. Many generations of historians and jurists tried to find out the peculiarities of the formation of the ancient Indian civilization. Their work allows us today not only to create a holistic view of the ancient history of the Indian state and law, but also to systematically and in-depth reveal the formation of its legal institutions, the formation of political culture, social structure, etc. At the same time, there are still many questions that cause discussions and require in-depth study. Among them is the formation and development of the varna-caste system of the organization of society.

Summary of the main results of the study. The article examines the history of the formation of varnas in ancient India. The process of hierarchization of varnas was analyzed and its features were determined. The reasons for the transformation of the varna system, which resulted in the formation (both within the varnas and outside of them) of new endogamous groups - jati, have been revealed. The essence of the social category "caste" has been clarified. It is shown that with the appearance of numerous jatis and the formation of the caste system, varnas did not play a significant role in the life of society and only determined the status of castes, if they belonged to them.

Conclusion. The conclusion that "varna", "caste", "jati" are not identical socio-legal categories is substantiated. They reflect the peculiarities of the formation of ancient Indian society and should be taken into account by scientists for a more in-depth study of the caste-varna organization of society in ancient India.

DEFINITION OF THE PLACE OF LAW IN SOCIETY

Stanislav Pevko — Tue, 24 Dec 2024 00:00:00 +0000

Introduction. The article examines the issue of determining the place of law in public life. The relevance of this topic lies in the emergence of a social need to consider in more detail the purpose and essence of law in society. Today, there is a significant number of facts confirming the lack of proper attitude to the law through behavioral reflections. There is a significant amount of abuse of law, legal nihilism, etc. Therefore, there was a need for a more general analysis of this issue.

Summary of the main results of the study. The essence of law as the main regulator of social relations, the definition of which many scientists emphasize, was analyzed. Of course, one can unquestionably agree with this, but for a more detailed understanding of its place in society, it is necessary to analyze other constituent concepts. Thus, the ontology of society and social relations, which are its derivative and integral phenomenon, were also considered. It was determined that society is a collection of persons who are connected by common interests. One of the main natural common interests of any society, distinguishing them by state affiliation, is survival. To satisfy both the main and other interests of individuals, they enter into interaction, thereby forming appropriate social relations. However, the views and manners of behavior of each member of society are different, so it became necessary to determine a means of their reconciliation. For this, a law was created and exists, which creates uniform, universally binding, formally expressed rules of behavior, that is, you yourself agree on the different views of individuals in the course of interaction. Regulating only socially important relations, i.e. interests that are legitimized and legalized, the law creates a certain balance of the existence of all persons in society.

Conclusions. Therefore, it can be concluded that the law is not only a means of regulating social relations, but if considered globally, from the point of view of the modernist approach, the law is a means of creating a balance of interests of all persons in society.

THE MAIN TYPES OF LEGALLY SIGNIFICANT ACTIONS AS AN OBJECT OF GENERAL THEORETICAL CLASSIFICATION

Anatolyi Shulha — Tue, 24 Dec 2024 00:00:00 +0000

Introduction. The article, after explaining that, according to its formally defined features, legal behaviour is always either an action performed (fully or partially) or an action not performed (signs of omission are usually signs of an action which the subject of law did not perform as defined by a rule of law), states that the methodological meaning of the concept of ‘action’ suggests that the generalised view of ‘types of legal behaviour’ is primarily reflected in the ‘general theoretical classification of the main types of legal actions’. The purpose of the article is to create (as a first approximation) a general theoretical classification of the main types of actions with legal significance based on their grouping ‘by legal qualification’, ‘by objective features of an action’, ‘by subjective features of an action’.

Summary of the main research results. According to the author, according to the legal qualification, an ‘action’ may be lawful (‘lawful’), unlawful (‘action-violation’, ‘objectively unlawful action’), an abuse of law, and a legal error. ‘Abuse of law’ and ‘legal error’ are dualistic phenomena (they can be both lawful and unlawful actions). Types of legal actions presented by the author according to their objective features (the list is not exhaustive): simple, complex; physical, linguistic; insignificant, significant (‘gestures’); with delayed, instant, close results; unfinished, finished; planned, ongoing, completed; short-term, long-term; preventive, provocative; open, hidden; individual, joint; contact, remote; in physical space (‘offline actions’), in virtual space (‘online actions’); permissible, real; relevant, irrelevant; actions-fabrications, actions-falsifications (improved due to computer technologies ‘deepfake’); non-automated, automated (partially, fully; in particular, ‘robotics with artificial intelligence’ is used, ‘lethal autonomous weapons’ are developed in the context of humanity's entry into the era of ‘algorithmic wars’). Types of legal actions by their subjective characteristics (the list is not exhaustive):

conscious, unconscious (unconscious by the subject of the action; unconscious by the subject who is the object of influence of a certain action); innocent, guilty (intentional, negligent); rational, intuitive; motivated, unmotivated; volitional, (‘consciously volitional’), involuntary (actions in a state of insanity, unconditionally reflexive actions); voluntary, involuntary; in a state of delusion as a result of error, in a state of delusion as a result of deception; with a planned, unplanned result; genetically determined, genetically unrelated (attention is drawn to the problem of a ‘genetically modified person’).

Conclusions. The formation of a general theoretical classification of types of legal actions may be based on various criteria (by branches of law, by subjects of law, etc.). However, such a classification will have the most applied and, at the same time, didactically oriented character when the philosophical concepts of ‘objective’ and ‘subjective’ are used as its system-forming criterion, reflected in the concepts of ‘composition of lawful conduct’ and ‘composition of an offence’, which, in turn, are inseparable from the concept of ‘legal qualification’ in its connection with the concept of ‘legal liability’.

ARTIFICIAL INTELLIGENCE AS A FACTOR OF INFLUENCE ON THE DEVELOPMENT OF ELECTRONIC DEMOCRACY: THE LEGISLATIVE EXPERIENCE OF THE EU AND UKRAINE

Olha Afonina — Tue, 24 Dec 2024 00:00:00 +0000

Introduction. The article explores the impact of artificial intelligence (AI) on the development of e-democracy, focusing on both its benefits and risks associated with its use. The purpose of this work is to study the concepts of electronic democracy and artificial intelligence, EU legislation and international experience of AI regulation as a factor in the modernization of the national legislation of Ukraine in matters of the development of electronic democracy and the promotion of the realization of the constitutional rights of citizens.

Summary of the main results of the study. AI facilitates the analysis of large volumes of data, improves decision-making processes and promotes the active involvement of citizens in public affairs.

AI can have a positive impact on e-democracy. First, in matters of improving the decision-making process of state authorities and local governments, because AI algorithms can analyze large volumes of information to identify trends and patterns that may not be obvious to humans. This can help in making more informed political decisions that reflect the needs and wishes of citizens, both at the level of the state as a whole and at the level of individual communities. Secondly, AI affects the improvement of access to information, because AI can help in structuring and analyzing the large amount of data used by the government and public organizations, which can facilitate citizens' access to relevant information and contribute to more effective involvement of citizens in public affairs. Third, AI can facilitate direct citizen engagement, as AI can help improve the performance of various e-democracy tools, allowing citizens to more easily interact with government and local governments. It can also help governments collect real-time feedback.

At the same time, despite the significant potential of using AI in democratic processes, the use of this tool is accompanied by a number of challenges, including the violation of the right to privacy, data security problems, algorithmic bias, and ethical dilemmas that can affect the will of citizens and their autonomy.

In Ukrainian legislation, the issue of AI, as well as its interaction with the tools of electronic democracy, are currently at the stage of development by state authorities. In November 2023, during the Artificial Intelligence Security Summit held in Great Britain, Ukraine signed the "Bretton Woods Declaration" and thus joined international cooperation on AI security research. Currently, Ukraine is at the stage of implementing both international and European legislative experience as a candidate country for joining the EU.

Conclusions. Effective use of AI in the context of e-democracy requires clear legislative regulation in the national legislation of Ukraine. In addition, all democratic processes that may relate to e-democracy issues with the use of AI require attention to the principles of rule of law and non-discrimination. Recommendations on the protection of human rights and the right to privacy in the development and implementation of artificial intelligence technologies, which have already been developed in Ukraine, are one of the first steps in the settlement of this issue. When developing your own model of normative and legal regulation of AI, it is worth taking into account the global, primarily European, legislative experience. So, for example, the EU's experience in regulating AI can serve as an example for the modernization of the national legislation of Ukraine in this field, with the aim of supporting and protecting the functioning of electronic democracy, in particular in matters of classifying the AI system as high-risk in terms of its use specifically for the implementation of democratic processes.

CURRENT PROBLEMS OF THE INTERACTION OF LOCAL GOVERNMENT BODIES WITH CIVIL SOCIETY INSTITUTIONS UNDER THE CONDITIONS OF THE MARITAL LAW

Liliya Hryshko — Tue, 24 Dec 2024 00:00:00 +0000

Introduction. The importance of the transition to the development of joint decisions by local self-government bodies in cooperation with civil society institutions within the framework of local self-government issues is due to the processes of democratization, decentralization and the establishment of "good governance". Bringing the level of participatory democracy to the level of partnership requires a completely different level of trust and the presence of a positive practice of interaction. However, under the conditions of martial law, Ukraine is faced not only with the problems of repelling aggression from the Russian Federation, but also with destructive propaganda in the conditions of incomplete decentralization and democratization reforms. At the same time, major global disruptions, including Russian aggression against Ukraine and climate change, have underscored the importance of strengthening governance in democracies – and citizens' trust in them. Based on doctrinal studies and analysis of legislation, the main groups of problems in the sphere of interaction between local self-government bodies and civil society have been determined. The purpose of the study is to highlight the actual problems of interaction between local self-government bodies and institutions of civil society in the conditions of martial law. First, problems should be systematized and grouped by content and the order and sequence of steps to solve them should be determined.

Summary of the main results of the study. The current problems of interaction between local self-government bodies and institutions of a democratic society can be grouped in the following directions: 1. Low level of involvement/participation in the institutions of participatory democracy. The reasons may be a formal approach, a lack of trust and an appropriate level of interaction, which allows effective influence on decision-making by local self-government bodies and officials; 2. The need for updating and the need to eliminate gaps in the current legal acts. At the same time, local acts also need updating; 3. Typicality and pattern in relation to interaction, without considering local features. It is important to avoid "implanting" the institution of interaction through the adoption of standard documents. In terms of the investigated problem, it should be noted that many recommendations for interaction are contained in by-laws; 4. Low level of implementation of participatory participation. Certain types of participatory democracy are regulated by local acts. For example, local councils are authorized to adopt the charter of a territorial community, which establishes the procedure for holding meetings in the relevant territory, the right to submit electronic petitions, participate in elections and local referenda, etc.

Conclusion. In view of the conducted research, the following problems of interaction should be singled out: low level of involvement/participation in the institutions of participatory democracy; the need for updating and the need to eliminate gaps in current legal acts; typicality and pattern in relation to interaction, without considering local features; low level of implementation of participatory participation. Each group of problems requires separate attention, and not only legal scholars.

Considering the above areas that need improvement, a general strategy for the expansion and development of institutions of participatory democracy in combination with good governance and democratization should be developed. The issue of implementing institutions of participatory democracy at the "partnership" level is a promising direction for further research.

We should warn against fragmentary and unnecessary changes to the Constitution of Ukraine. The full-scale aggression against Ukraine demonstrated the low level of guarantees for local self-government, and many important changes to the legislation were made already in May 2022. Of course, all this should be taken into account when developing a new draft of amendments to the Constitution within the framework of the completion of constitutional and municipal reforms. At the same time, firstly, the changes should not negate the positive achievements of the reforms, and secondly, they should contribute to eliminating the shortcomings of the local self-government reform. Updates should be balanced, sufficient and implemented only, if necessary, while maintaining the course for Ukraine's membership in the European Union and the North Atlantic Treaty Organization.

INITIATING OF A REFERENDUM AS THE INITIAL STAGE OF THE REFERENDUM PROCESS

Andrii Kulish — Tue, 24 Dec 2024 00:00:00 +0000

Introduction. People's power, represented by the two direct forms provided for by the Constitution of Ukraine, acts as one of the foundations of the constitutional order in Ukraine. This fact, combined with the long-term absence of the practice of holding referendums, actualizes any research devoted to the issues of referendum legislation.

In contrast to the theoretical aspects of the right to a referendum, the issues of the referendum process are investigated rather secondary and not so intensively. Individual stages of the referendum procedure are not clearly regulated, or the norms are formulated in a discretionary manner, which puts the possibility of their application in one form or another, depending on the discretion of representative and other state authorities. At the same time, the very formation of a theoretical basis in relation to individual stages of the referendum process can further encourage the legislator to solve the problems of legal regulation that will be revealed during the formation of this basis, as well as act as a theoretical springboard for further research in the field of people's power and procedural forms of its implementation.

Summary of the main results of the study.In modern theoretical jurisprudence, stagedness (structuredness) is a generally recognized property of any procedural form of activity, although the issues of the general list of stages, their content and demarcation criteria are still debatable. Moreover, legal theorists have not developed a universally recognized concept of the stage of the legal process, and that is why there is often a mechanical transfer of formed ideas about stages from branch legal sciences to the general theory of law and vice versa. However, the structure of the legal process traditionally includes proceedings, stages, stages and procedural actions.

Referendum process is one of the constitutional forms of the legal process, and therefore it is also fully inherent in stagedness. Traditional for domestic constitutional and legal doctrine is the separation of three main stages of the referendum (more precisely, the referendum process) proposed by V. Pohorilko and V. Fedorenko: preparatory (referendum preparation), main (referendum holding) and final (referendum summary). Under this approach, initiation is considered as an element of the preparatory stage.

Such a "traditional" approach looks quite reasonable and logical. Indeed, the holding of a referendum requires significant preparation: starting from the formation of the very idea about the need to hold a vote on a certain issue to its submission to the discretion of the voting participants. However, this approach somewhat artificially combines procedural actions that differ in their content and specific purpose. In addition, the name of the first of the main stages does not look good enough, since preparation is required for any procedural action within the referential process, not only those performed at the initial stage.

Conclusions. Initiation is an independent, initial stage of any referendum process, regardless of the type of referendum. The purpose of this stage is to ensure proper and sufficient factual circumstances for the appointment of the relevant referendum. The content of the initiation stage covers the procedural stages and actions related to the identification of the subjects of initiation, the determination of the legality of the subject of the referendum and the jurisdiction of its formula. The initiation stage is a mandatory stage of the referendum process, regardless of the subject of initiation and the degree of obligation to hold the referendum. The referendum process should be considered started from the moment the referendum initiation stage begins. The same initiation should be considered started not from the moment of the desire to hold a referendum on the part of state bodies, representative authorities or citizens endowed with the right to participate in referendums, but from the moment of its legal fixation. The end of the initiation stage should be considered the moment of occurrence or, on the contrary, the impossibility of occurrence (in particular, due to the expiration of the time limits for overcoming legal barriers, the recognition of the issue initiated by the referendum as unconstitutional, etc.) of legal grounds for the appointment or proclamation of a referendum.

RESPECT FOR HUMAN RIGHTS AND FREEDOMS AS A PREREQUISITE FOR THE REALIZATION OF THE LEGAL STATUS OF AN INDIVIDUAL IN A DEMOCRATIC STATE

Tetiana Psota — Tue, 24 Dec 2024 00:00:00 +0000

Introduction. The article is dedicated to defining the content and features of the category of respect for human rights and freedoms as a mandatory factor in the functioning of the legal status of an individual within a democratic state.

Summary of the main research results. The study provides an analysis of the principle of respect for the rights and freedoms of an individual and defines the content of the legal status of an individual concept as a fundamental category of law. The article examines main elements of an individual legal status and their dependence on the state's observance of the principle of respect for human rights and freedoms. It is noted that the unimpeded use of human rights and freedoms should be considered as a significant criterion of the quality of human life in a democratic society. The article presents a statement on the high significance the proper functioning of the principle of respect for human rights has in a democratic legal state, as it ensures the correct functioning of such legal categories as duties, responsibilities, guarantees of protection of rights and freedoms, legitimate human interests, etc. The author of the study proves that the listed concepts are equally important and complement each other, being part of the legal status of an individual. The article also emphasizes the importance of the principle of respect for human rights and freedoms regarding the realization of the legal status of an individual in the member states of the European Union.

Conclusions. The democratic development of a modern legal state depends on its ability to properly ensure the functioning of the principle of respect for human rights and freedoms. The results of the state's activities in the field of securing the proper functioning of an individual's legal status affect its recognition as a full-fledged international relations participant. Taking into account a close relationship between the democratic development of the state, functioning of the principle of respect for human rights and freedoms and the latest trends in the development of Ukraine's relations with the European Union, a conclusion was made regarding further steps of our state in the sphere of ensuring the rights and freedoms of an individual.

THE STATUS OF INTERNALLY DISPLACED PERSONS: CONCEPT AND SOME ISSUES IN OBTAINING IT

Illia Fedotov — Tue, 24 Dec 2024 00:00:00 +0000

Introduction. The article is devoted to the problem of determining the status of an internally displaced person, which has gained particular importance and significance in the current realities of life. Ukraine first faced this problem in 2014, when, as a result of the annexation of Crimea and Donbas, almost one and a half million citizens became internally displaced. Following widespread publicity, the authorities reacted and began to try to regulate the issue of recognising the status of IDPs, their registration and provision at the legislative level.

Summary of the main research results. The article analyses the legal acts regulating the status of an internally displaced person. Among them: The Law of Ukraine ‘On Ensuring the Rights and Freedoms of Internally Displaced Persons’, the Resolution of the Cabinet of Ministers of Ukraine ‘On Registration of Internally Displaced Persons’, which, among other things, defined the circumstances under which the IDP status is granted. However, the legislator failed to overcome numerous legal conflicts and shortcomings, which resulted in hundreds of thousands of people being unable to obtain IDP status or only with great difficulty. It is noted that one of these conflicts is that the above-mentioned resolution of the Cabinet of Ministers of Ukraine significantly restricts the rights of internally displaced persons to be recognised as IDPs, since it does not include in the list of territories from which these persons left those where there are no actual hostilities and no occupation, but they are subject to constant shelling by Russian troops and, accordingly, there is a danger to citizens.

Conclusions. Proposals are formulated to finally regulate the provisions on the recognition of IDP status and the relevant procedural requirements of the Resolution of the Cabinet of Ministers of Ukraine ‘Procedure for issuing a certificate of registration of an internally displaced person’ in order to avoid constant appeals to the judiciary and simplify the issuance of relevant certificates of IDP status.

PECULIARITIES OF EXPEDITED ARBITRATION PROCEDURES IN DIFFERENT JURISDICTIONS

Кирило Воронов — Tue, 24 Dec 2024 00:00:00 +0000

Introduction. The peculiarities of expedited arbitration processes in different jurisdictions are examined in this article, with an emphasis on how nations are modifying their arbitration laws to satisfy the growing need for quick and affordable dispute resolution in a world economy that is becoming more interconnected by the day. With the ability to settle conflicts more quickly while upholding the fundamental values of justice and openness, expedited arbitration has become a competitive option to regular arbitration. The purpose of the article is to identify the peculiarities of expedited arbitration procedures in different jurisdictions and to analyze the specifics of the impact of expedited arbitration proceedings on the arbitration process.

Summary of the main results of the study. The article explores the institutional practices, procedural variances, and legal provisions that define accelerated arbitration in important jurisdictions, such as the US, UK, France, Sweden and a few emerging countries. The article uses a comparative study to illustrate the advantages and disadvantages of expedited arbitration, including the possibility of shorter timeframes and costs vs issues with party autonomy and due process. The article also looks at how technology might improve the effectiveness of accelerated arbitration procedures, from virtual hearings to electronic submissions, and how these advancements can lessen some of the more conventional difficulties in resolving disputes. It also discusses the dangers of expedited arbitration, including the restrictions on evidence and the pressure on arbitrators to render decisions quickly, which can occasionally jeopardize the process's thoroughness.

Conclusion. The article's conclusions are intended to provide important insights into accelerated arbitration best practices and the required improvements that could increase its efficacy. In the end, the conversation serves as a resource for practitioners, legislators, and academics interested in the changing arbitration landscape by offering a framework for comprehending regional legal cultures and procedural standards. In a world market that moves quickly, this article emphasizes the importance of expedited arbitration as a vital instrument for promoting international investment and commerce.

LEGAL REGULATION OF NON-COMPETE AGREEMENTS (NCA) UNDER THE LAWS OF UKRAINE AND THE UNITED KINGDOM

Maksym Hura — Tue, 24 Dec 2024 00:00:00 +0000

Introduction The paper examines how Ukrainian and United Kingdom legislation regulates non-compete agreements (NCAs).

Summary of the main results of the study. The author emphasizes that this agreement has become widespread in Ukrainian business but lacks an official definition. Judicial practice and doctrine work interpret its legal nature differently, sometimes deeming it unconstitutional and restricting the right to work. The author identifies five main problems with NCA use in Ukraine: 1) a lack of a clear legislative basis; 2) unsettled judicial practice; 3) the risk of invalidation; 4) difficulty in proving damages; and 5) conflict with the right to work, freedom of entrepreneurial activity, and other rights (restricting freedom of choice). The author substantiates that, conversely, the United Kingdom features more developed and detailed NCA regulations, supported by several relevant laws and judicial precedents. The paper conducts a legal analysis of NCAs and identifies areas where the United Kingdom’s experience could help Ukraine improve its legislation and practice.

Conclusion. The UK’s experience can offer Ukraine valuable insights into improving legislation and court practice in terms of clearer regulation of the NCA, carefully balancing employers’ interests in protecting confidential information and employees’ interests, introducing a system of awarding damages for violations of the NCA, etc.

CONCERNING THE DISCUSSION OF PROPERTY RIGHTS TO THE DIGITAL THING

Ievgen Michurin — Tue, 24 Dec 2024 00:00:00 +0000

Introduction. Due to the global process of digitalization of society, various legal relations related to digital technologies arise. Absolute civil rights arise over digital things. Their legal nature, features, and the possibility of applying real property rights to digital things require further clarification. Therefore, the study of absolute rights to digital things is relevant. Civil relations regarding digital things need proper legal regulation.

The purpose of the article is to develop a scientific approach to the features of the absolute right to a digital thing. The following research methods were used. Formal-logical – in identifying types of absolute rights to a digital thing. The system-structural method was applied in clarifying the features of absolute rights and property rights in its structure. The dialectical method was used when comparing property rights with other absolute rights.

Summary of the main results of the study. Not all objects of digital technologies are digital things: the former are a variety of the latter. A digital thing has property value. Individual objects of digital technologies (digital signature) are not a digital thing. They have no property value. It is possible to apply the regime of legal regulation of property rights in relation to digital things, taking into account their legal nature. The effectiveness of legal regulation of objects with real property value is significant, as it has been tested by time. Contradictions in the legal regulation of a digital thing by property law may arise due to its specificity, which is not identical to things. This makes the right in rem an imperfect construction of an absolute right to a digital thing. A digital thing is different from a material thing: they have different properties, substance, nature. A person has a right to a digital thing or other object of digital technologies. The absolute right to a digital thing is exercised through the right of access to the digital thing.

Conclusions. Ukrainian civics is on the way to building the concept of an absolute right to a digital thing. At the first stage, it can be the application of the rules on property law, taking into account the legal nature of digital things. In the future, this specificity may turn out to be such that it will lead to the formation and regulatory consolidation of an absolute right to a digital thing, different from the right of ownership.

THE LEGAL REGULATION PROBLEMS OF RELATIONS IN THE METAVERSE

Valentyna Sverdlichenko — Tue, 24 Dec 2024 00:00:00 +0000

Introduction. The article depicts the main problems on the way to the development and adoption of a single international legal act for the legal relations regulation in the Metaverse. Itʼs established that with the rapid humanity transition to the latest technologies, with the development of artificial intelligence and the emergence of the Metaverse concept, a set of new legal challenges arises that require an urgent solution. One of the most relevant problems in this context is the issue of legal regulation of relations within the Metaverse. The purpose of the study is to outline the problems on the way to the legal regulation of relations in the Metaverse.

Summary of research results. The article claims that the Metaverse offers great potential for the development of new forms of social interaction, business, entertainment, education and work. Virtual spaces where people can interact with their digital avatars discover opportunities for new ways of communication, but with these prospects a number of problematic issues appear. The issues related to the legal regulation of this phenomenon. It has been established that one of the main problematic issues in the Metaverse is the lack of clear international legal regulation and definition of jurisdiction. Itʼs known that a well-designed regulatory approach to the regulation of relations in the Metaverse has not been developed currently.

Conclusion. The author comes to the conclusion that the adoption of a single international legal act to regulate legal relations in the Metaverse is a prerequisite for ensuring their legal certainty, protecting users' rights, harmonizing legislation and fighting cybercrime. The adoption of a universal international normative legal act, which would regulate legal relations in the Metaverse, faces numerous challenges. The author establishes that the main obstacle in this context is the countries` belonging to different legal systems, and therefore, the main obstacle is the fact that they belong to different legal systems. Thatʼs why each state can demand to take into account its own national interests and legal norms. It was determined that disagreements in the issue of regulation of digital assets, cyber security and protection of personal data, as well as the probable lack of coordination of the interests of many countries, significantly complicate the adoption of a universal international act. It is noted that despite the difficulties associated with political and legal differences between states, the development and implementation of a single legal mechanism is a necessary condition for ensuring transparency and regulation of activities in the global digital environment.

RESTRICTIONS ON OWNERSHIP RIGHTS TO CULTURAL HERITAGE MONUMENTS

Olena Ustymenko — Tue, 24 Dec 2024 00:00:00 +0000

Introduction. As of today, transformations in the socio-cultural sphere continue to occur in Ukraine, and, of course, one of the central places in this turbulent process is the attention of the state to cultural heritage monuments as carriers of the so-called «culture code» of the Ukrainian people. Analysis of doctrinal developments in the field of the legal nature and peculiarities of the circulation of cultural heritage monuments and the corresponding state of legal regulation allows us to state the need to improve the main aspects of the exercise of the right of ownership to such objects. The current state of regulation of the outlined sphere is characterized by mosaicism, certain gaps and uncertainty, and under such circumstances, special attention needs to be paid to studying the issues of exercising the right of ownership to cultural heritage monuments in general and the restrictions of such a right in particular.

The purpose of the study is to analyze and generalize the main restrictions on the right of ownership to cultural heritage monuments.

Summary of the main results. When characterizing the right of ownership of cultural heritage monuments, the key is the interdisciplinary nature of the regulation of property relations in the specified area. It should be noted that an important place in the system of relevant regulatory legal acts is occupied by international regulatory legal acts, which contain provisions on both the protection and preservation of cultural heritage objects, and indirectly establish appropriate restrictions for their use, aimed, again, at the protection and preservation of such objects. At the national level, modern domestic legislation contains a set of relevant norms contained in various branches of law. In particular, sectoral legislation provides for the presence of a special legal regime for the object under study, which cannot be destroyed or transformed without the permission of the relevant authorities or used in a way that threatens its preservation. Cultural heritage monuments may be alienated, as well as transferred by the owner or an authorized body to another legal entity or individual for possession, use or management with the consent of the relevant cultural heritage protection body.

Conclusion. Legislative regulation of restrictions on ownership of cultural heritage monuments should be based on the paradigm of balance of both private interests (interests of the owner) and the interests of society. The above requires the implementation of a comprehensive system that includes improving the provisions of current legislation, introducing effective mechanisms for stimulating owners of cultural heritage monuments and implementing international developments in the field under study into domestic legislative realities. It is also considered expedient to propose a classification of restrictions on ownership of cultural heritage monuments into: 1) established by relevant sources: international regulatory legal acts or provisions of national legislation; 2) established by law depending on the degree of turnover of a cultural heritage monument; 3) universal (general) restrictions, which include the obligation to conclude a protection agreement, and special restrictions that apply in certain individual cases.

ENSURING THE HOUSING RIGHTS OF IDPS: PROBLEMS WITH IMPLEMENTATION AND JUDICIAL PRACTICE

Yaroslava Meniv — Tue, 24 Dec 2024 00:00:00 +0000

Introduction. As of 2024, more than 4.9 million internally displaced persons (IDPs) are registered in Ukraine. These are official data provided by the Ministry of Social Policy. At the same time, international estimates indicate that the number of IDPs may reach more than 7 million, as not all displaced persons are officially registered. That is why the problem of political and humanitarian significance is acute - violation of the rights and interests of internally displaced persons, this causes concern of the international world community. Accordingly, the problem of ensuring the mechanism of protection and restoration of violated legal rights and interests arises. Housing rights are one of the most relevant and most violated for immigrants. This is what determined the topic of this article.

Summary of the main results of the study. The problem of providing internally displaced persons (IDPs) with housing was acute even before the start of the full-scale invasion, especially for the "first wave" of displaced persons since 2014. Many of these people did not have the financial ability to purchase housing or permanently rent it. The majority of IDPs needed long-term housing solutions that would allow them to remain in the territory controlled by Ukraine, to have stable housing and employment opportunities.

Despite this, state programs failed to provide housing for all displaced persons, which left the problem open for many years after the start of the armed aggression in 2014.

The status of internally displaced persons (IDPs) in Ukraine is an extremely urgent issue in the context of the ongoing military conflict and occupation of part of the country’s territories. The legal regulation of the status of IDPs is based on a number of legal acts, including the Law of Ukraine "On Ensuring the Rights and Freedoms of Internally Displaced Persons." One of the key problems is ensuring the IDPs’ right to housing, which is directly related to the state’s fulfillment of its international obligations regarding the observance of social human rights, including the right to housing defined by Article 47 of the Constitution of Ukraine and other normative documents.

One of the key mechanisms for ensuring the right to housing for IDPs is the creation of state and local programs for the provision of temporary or permanent housing. In particular, Article 9 of the Law "On Ensuring the Rights and Freedoms of Internally Displaced Persons" provides for the creation of a temporary housing fund for IDPs, which is provided for a period of up to one year with the possibility of extension. However, this mechanism faces a number of problems in implementation. In particular, lack of funding and limited resources leave many IDPs without housing solutions for long periods of time, especially in regions with a high concentration of displaced people.

The practice of court consideration of decisions regarding the implementation of housing rights of IDPs also states certain problems. In judicial practice, the Supreme Court of Ukraine has repeatedly considered cases related to the realization of the right of IDPs to housing. The key problems facing the state in this matter are insufficient financing of programs, lack of housing funds, as well as a long bureaucratic procedure for obtaining housing. Many displaced people have to wait for a long time for housing issues to be resolved, which puts them in a vulnerable position. In its practice, the Supreme Court also draws attention to violations of the rights of IDPs in cases of eviction from temporary housing without providing alternative options, recognizing such actions as a violation of international standards regarding the right to housing, enshrined, in particular, in Article 8 of the European Convention on Human Rights.

Conclusion. Thus, despite the existence of a legal framework and certain state measures to ensure the housing rights of internally displaced persons, the issue of the implementation of these rights remains open and requires further improvement. Judicial practice confirms the need to strengthen the state’s efforts to solve this problem and intensify cooperation with international organizations for the purpose of financial and humanitarian support for IDPs.

ANALOGY OF STATUTE AND ANALOGY OF LAW IN THE CONTEXT OF THE APPLICATION OF OTHER METHODS OF PROTECTION OF THE VIOLATED RIGHT IN ADMINISTRATIVE PROCEEDINGS

Zakhar Turutya — Tue, 24 Dec 2024 00:00:00 +0000

Introduction. The article establishes that methods that are not identical to the methods directly provided for in the law (paragraphs 1-6 of the first part of Article 5, paragraphs 1-8-1 of the second part of Article 245 of the Civil Code of Ukraine), but which do not contradict the law and are effective are other ways of protecting violated rights in administrative proceedings.

Summary of the main results of the study. Obviously, the given criteria for the clear application by the court of other methods of protection of violated rights in administrative proceedings are not enough. It is noted that the administrative court should have a clear algorithm of actions for such use of other methods of protection of violated rights. It was concluded that such methods are not directly identical to those provided by law, but must be similar to them and similar to them, taking into account the features of other methods of protecting violated rights in administrative proceedings, which are directly indicated in the first part of Article 5 and the first part of Article 245 of the Civil Code of Ukraine.

This conclusion of the article is made by applying the grammatical method of interpretation of the first part of Article 5 and the first part of Article 245 of the Civil Code of Ukraine, where the fixed phrase "another way" occurs as a separate syntactic unit (construction), which was formed by the legislator by combining the two above-mentioned words on the basis of the subjunctive connection, as well as taking into account grammatical connection and content. After all, as mentioned in subsection 1.2. of this dissertation, the word "other" means that which differs from the specific one provided within the specific circumstances, but the combination of this word with the word "method" indicates that the other method in all its features and legal nature must remain a full and effective method protection of violated rights in administrative proceedings. Thus, another method should be similar and similar to the methods of protecting violated rights in administrative proceedings, which is directly provided for by law (paragraphs 1-6 of the first part of Article 5, paragraphs 1-8-1 of the second part of Article 245 of the Civil Code of Ukraine). In this connection, it can be concluded that when we talk about the concrete content of other ways of protecting the violated right, then in this case we should start from the possibility of applying the analogy of the law and the analogy of the law. This is due to the fact that the named categories, by their very nature, deal with work aimed at the application of similar phenomena, objects, etc. (analogy - (Greek. Αναλογια - "correspondence") - similarity, similarity in general of different objects, phenomena according to certain properties, signs or relations). It is taken into account that the legislation prohibits the application of the analogy of the law and the analogy of the law only to determine the grounds, limits of powers and the way of actions of state authorities and local self-government bodies. In other cases, such application will be possible if there are appropriate grounds. In particular, as stated in part six of Article 7 of the Civil Code of Ukraine, in the absence of a law regulating the relevant legal relations, the court applies the law regulating similar legal relations (analogy of the law), and in the absence of such a law, the court proceeds from constitutional principles and general principles of law ( analogy of law).

Conclusion. That is, the reason for such application is the absence of a law regulating specific legal relations. Such an approach is quite important given the fact that it is prohibited to refuse to consider and resolve an administrative case on the grounds of incompleteness, ambiguity, contradiction or absence of legislation regulating disputed relations (part four of Article 6 of the Civil Code of Ukraine). It is noted that in this case it is an indirect way of fixing the possibility of applying the analogy of law or law.

SOME APPLIED TEMPORAL ASPECTS OF NATIONAL CRIMINAL LAW JURISDICTION (ON THE EXAMPLE OF LIABILITY FOR FRAUD, LEGALIZATION OF THE PROCEEDS OF CRIME, TAX EVASION, DUTIES, AND MANDATORY PAYMENTS)

Oleksandr Zhytnyi, Vadim Kharchenko, Ihor Ralchenko — Tue, 24 Dec 2024 00:00:00 +0000

Introduction. Criminal law is a relatively unstable system. For objective or subjective reasons, its provisions are often adjusted by the legislator, i.e. they are in flux. At the same time, the Constitution of Ukraine guarantees everyone the right to know their rights and obligations. Democratic standards of legal regulation require, in particular, that after amending national legislation, the state should be limited in its power to apply the novelties retrospectively, i.e., as a general rule, refrain from regulating with new provisions those social relations and assessing those legal facts (including criminal offenses) that existed before the novelties came into force. In certain cases, the state should even be deprived of such powers in general. This is emphasized in fundamental national and international legal acts. At the same time, due to the dynamism of legislation, it is not always easy for persons applying the law, as well as those who read its provisions for any purpose, to correctly and accurately extrapolate the fundamental general provisions on the temporal aspects of national criminal law jurisdiction to specific legislative provisions that have been amended, and, accordingly, the above-mentioned subjects do not always correctly decide to apply a particular version of the amended law.

The purpose of the publication is to identify the applied temporal aspects of national criminal law jurisdiction and to obtain scientifically sound results in this area. This is done on the example of the articles of the Criminal Code of Ukraine on liability for fraud, legalization of the proceeds of crime, and evasion of taxes, duties, and mandatory payments.

The study uses comparative, dogmatic, historical and systematic methods.

Summary of the main results of the study. Generally recognized sources of law point to the need for careful regulation of the temporal properties of national legislation in the part which concerns public legal liability for offenses. For example, Article 58 of the Ukrainian Basic Law states that laws and other legal acts do not have retroactive effect, except when they mitigate or cancel a person's liability. No one can be held liable for acts that were not recognized by law as offenses at the time they were committed. According to Article 11(2) of the Universal Declaration of Human Rights, no punishment shall be imposed which is heavier than that which could have been applied at the time of the commission of the crime, and Article 7(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms recognizes the inadmissibility of imposing a punishment heavier than that which was applied at the time of the commission of the criminal offense. Pursuant to Article 49(1) of the Charter of Fundamental Rights of the European Union, no penalty shall be imposed which is heavier than that which was applicable at the time of the offense. If the law establishes a lighter penalty after the commission of the offense, it shall be applied. Guided by the above generally recognized international legal norms and standards for determining the time (temporal) limits of national criminal jurisdiction, the following postulates can be recognized 1) an act is recognized as a criminal offense (crime, misdemeanor) under the law in force at the time of its commission; 2) a person is not subject to criminal liability for his or her action or inaction if at the time of commission it was not recognized as a criminal offense under the applicable law; 3) a person may not be punished (or subjected to a criminal measure restricting his or her rights and freedoms) more severely than that provided for by the law in the version in force at the time of the act qualified as a crime or criminal offense; 4) if after committing a criminal offense, the law has changed and established a less severe punishment than the one that existed at the time of the offense (in a broader interpretation, a less severe criminal law measure that restricts his or her rights and freedoms), this person is subject to the new law (its new version), which further regulates his or her criminal law status. Under certain conditions, international human rights standards do not exclude the power of the state to apply to a person a law adopted after the criminal offense has been committed. In the national legislation, the provisions of Articles 4 and 5 of the Criminal Code of Ukraine adequately meet these standards. The general rules specified in them should ensure the regulation of the application of new laws on criminal liability. However, due to their abstract nature, they are not always properly implemented in law enforcement practice. They are also not always clear to persons who are just studying criminal law. A particularly large number of problems arise (may arise) if a criminal law provision has been amended several times.

Conclusions. Based on the analysis of current and previous versions of certain articles of the Criminal Code of Ukraine (namely, Art. 190, Art. 209, Art. 212 of this law), one can see the mandatory elements which are subject to comparative analysis with a view to determining the temporal limits of criminal jurisdiction based on a new (amended, supplemented, clarified) criminal law provision. Based on its results, the categories of “new law that enhances (mitigates) criminal liability”, “new law that establishes (abolishes) criminal unlawfulness of an act”, “new law that otherwise improves (worsens) the situation of a person” become more specific.

PECULIARITIES OF DETERMINING THE TERRITORIAL LIMITS OF NATIONAL CRIMINAL JURISDICTION IN UKRAINE AND GERMANY (EXPERIENCE OF COMPARATIVE ANALYSIS)

Yevhen Riyako — Tue, 24 Dec 2024 00:00:00 +0000

Introduction. For Ukraine, the European vector of development is the only and only way to improve the rule of law and mechanisms for the development of civil society, protection of human and civil rights and freedoms on its territory. The above requires studying the experience of regulating and protecting social relations used by Ukraine's partners in the European space. For example, the Federal Republic of Germany (Germany), which has been ranked high in the Rule of Law Index for many years, is traditionally a strong rule of law state and can be considered a worthy example in solving many social, economic and legal problems. In particular, the latter include determining the limits of national criminal jurisdiction, i.e. the powers of a particular state to apply, guided by domestic (national) criminal law, restrictions on the rights and freedoms of individuals and the real capabilities of agents of the same state to maintain a certain order of social relations in a certain territory. The definition of such limits is also necessary to eliminate competition between authorized agents of different subjects of international law in the performance of their law enforcement functions and administration of justice.

The purpose of this publication is to compare the methods of determining the limits of national criminal jurisdiction in the relevant legislative acts of Ukraine and Germany and to obtain scientifically sound results which will allow assessing the quality of its regulation in national criminal law. The methodological basis for this study is formed by the traditional methods of scientific knowledge (legal (dogmatic), philological and systemic methods), but above all, it is formed by the comparative (comparative, comparative legal) method.

Summary of the main results of the study. In the CC of Ukraine, the issue of the limits of national jurisdiction is regulated thoroughly, and they are provided for in Articles 6-10 of this law. Based on them, the literature distinguishes four principles of validity and effect of national legislation on criminal liability, of which the territorial principle is the priority. It establishes the spatial limits of the powers of state agents in criminal law relations, extending them to a certain territory regardless of the citizenship of the person who committed a criminal offense there. The main content of this principle is set forth in part 1 of Article 6 of the Criminal Code of Ukraine: “persons who have committed criminal offenses on the territory of Ukraine shall be subject to criminal liability under this Code”. Thus, the national criminal jurisdiction of Ukraine extends to all events that contain signs of a criminal offense and are committed within the space identified as the “territory of Ukraine”. The CC does not name the objects that make up this space. The CC of Ukraine specifies the criteria by which an offense is classified as committed within the national criminal jurisdiction: if it was started, continued, completed or terminated on the territory of Ukraine, as well as if its perpetrator or at least one of the accomplices acted on the territory of Ukraine (Article 6(2), (3) of the CC of Ukraine). It is also worth mentioning the exceptional provision contained in its part 4 of Article 6 of the Criminal Code of Ukraine on the limitation of criminal jurisdiction, known as “diplomatic immunity”.

The German Criminal Law also contains a rule that German criminal law applies to crimes committed in Germany, which is the basis of Germany's territorial national criminal jurisdiction. As in the Ukrainian CC, the German CC does not specify certain spaces and objects to which this law applies. Interpretation of § 9 of the German Criminal Code, taking into account the provision of its § 3, allows us to conclude that German criminal jurisdiction extends to criminal offenses in the presence of any one of the following objective features (alternative objective criteria for recognizing the powers of law enforcement agencies to exercise national criminal jurisdiction): a) the socially dangerous act was committed in Germany; b) the socially dangerous consequence occurred in Germany; c) an accomplice to a criminal offense committed outside Germany committed an act in this country within the scope of his or her role. These features can be designated as alternative objective criteria for determining the powers of law enforcement agencies to exercise national criminal jurisdiction. As we can see, in this form, the rules of Parts 2 and 3 of Article 6 of the CC of Ukraine are quite adequately correlated with these provisions of German criminal law. At the same time, the German Criminal Code also contains subjective criteria, which are required for the German national criminal jurisdiction to cover a crime. They are as follows: a) according to the perpetrator, the territory of Germany should have been the place where the result (consequence) of his criminal offense occurred; b) according to the accomplice, the territory of Germany should have been the place where the criminal offense was committed. Unlike the Criminal Code of Ukraine, regulating the limits of national criminal jurisdiction, the Criminal Code of Germany does not provide for exceptions to it, similar to those provided for in part 4 of Article 6 of the Criminal Code of Ukraine.

Conclusions. There are no fundamental differences between the regulation of the limits of national criminal jurisdiction under the laws of Ukraine and Germany. In both countries, it applies to all criminal offenses committed within the state territory (without specifying in the Criminal Code the objects that fall within it). The objective criteria for recognizing an offense as one subject to such jurisdiction are almost identical (although the Ukrainian criminal law describes them in more detail). At the same time, the Criminal Code of Ukraine does not provide for a corresponding subjective criterion (subjective criteria). Given that the criminal law of Ukraine (as well as the criminal law of Germany) pays maximum attention to the subjective side of a criminal offense (as an element of its corpus delicti), the use of a subjective criterion along with the objective one in the future to determine the limits of national criminal jurisdiction in the Criminal Code of Ukraine seems quite acceptable. Its implementation will help to clarify these limits. In addition, the comparative analysis shows that the advantage of the method used in the CC of Ukraine to determine the territorial limits of criminal law Ukraine is that it defines exceptions to it (regulation of diplomatic immunity), which makes the solution of this issue more complete.

EXTRA CRUELTY AS A SIGN OF THE COMPOSITION OF A CRIMINAL OFFENSE (THEORETICAL AND PRACTICAL ASPECT)

Olexandr Khramtsov — Tue, 24 Dec 2024 00:00:00 +0000

Introduction. The article highlights the criminal law, criminological and psychological problems of extra cruelty as a way of committing criminal offenses. Solving these problems is essential for qualifying the actions of guilty persons, assigning them a criminal punishment, taking into account both the act itself and the individuality of the guilty person, and developing measures for the individual prevention of criminal offenses that are characterized by a particularly brutal way of committing them.

Brief summary of the main results of the study. It is emphasized that extra cruelty is a complex phenomenon characterized by criminal-legal, criminological and psychological content. Each of these components is important for the correct qualification of the actions of guilty persons, the appointment of the latter criminal punishment and the development of measures for the individual prevention of criminal offenses with signs of extra cruelty. It is noted that extra cruelty as a method of committing a criminal offense should be investigated through the prism of criminal physical or mental violence, as a socially dangerous act that characterizes the objective side of the criminal offense. It is concluded that the criminal-legal assessment of extra cruelty should not be limited only to its objective signs. It is mandatory to establish such subjective features as guilt, motive, purpose, emotional state of a person at the time of committing a criminal offense. At the same time, the perception of the guilty person's actions by the victim or other persons (feeling of physical or mental suffering) is also important. Based on the study of criminal offenses with signs of extra cruelty, a classification of extra cruelty was carried out on a complex basis. It is noted that the investigation of the personality of the subject who committed a criminal offense with signs of extra cruelty will allow to carry out the correct qualification of his actions, to assign an appropriate criminal punishment or other measures of a criminal-legal nature, and in the future to implement adequate measures for the individual prevention of similar criminal offenses in the future.

Conclusion. The conclusion that extra cruelty as a circumstance aggravating punishment and a direct sign of the objective side of certain criminal offenses is precisely the way of their commission, i.e. their external manifestation, is substantiated. At the same time, for the correct qualification of the actions of guilty persons, the imposition of a fair criminal punishment by the latter, it is necessary to establish the subjective signs of such actions and individual signs and characteristics of the guilty person. Only this approach will make it possible to implement proper criminal-legal, criminological and psychological protection against criminal offenses with signs of extra cruelty. The classification of extra cruelty as a way of committing a criminal offense on the basis of the complex basis presented in the work will have both theoretical and important practical significance for the activities of law enforcement agencies.

KEY WORDS: circumstances aggravating punishment, composition of a criminal offense, criminal offense, extra cruelty, method of committing a criminal offense, qualification of criminal offenses, punishment, subject of a criminal offense, violence.

ARTIFICIAL INTELLIGENCE IN COURT FUNCTIONING: ANALYSIS OF THE POSSIBILITIES AND LIMITATIONS OF ITS USE IN CRIMINAL JUSTICE

Vladyslav Bliznyuk — Tue, 24 Dec 2024 00:00:00 +0000

In this article, the author examines the current issue of using robot judges in criminal justice and their potential to replace human judges. The article analyzes the role of judges in the judicial system, identifies the advantages of using robot judges, and also discusses the limitations and problems associated with their implementation in the judicial system.
The article discusses in detail the ethical and legal aspects of using artificial intelligence as a judge, including issues of fairness, transparency and accountability. The author reviews case studies and experiments conducted in this area, and analyzes international examples of the use of artificial intelligence algorithms in criminal justice.
The article also provides specific examples of the successful use of artificial intelligence in the judicial system of other states. Attention is also paid to the development and future of robot judges, taking into account technological progress and challenges related to ensuring fair and effective justice in the context of the introduction of artificial intelligence.

A SYSTEMATIC APPROACH TO THE ANALYSIS OF ETHICAL STANDARDS OF FORENSIC EXPERTS

Nataliya Nestor, Anton Polianskyi, Ihor Lushchyk — Tue, 24 Dec 2024 00:00:00 +0000

Introduction. The relevance of the research topic is due to the need to systematise the ethical standards of forensic experts, since ethics as one of the fundamental branches of philosophical knowledge applies to any community of people (social, political, professional, etc.); its task is to create rules of interaction to ensure uniform approaches to solving various problems and achieving harmony in social relations. Forensic examination, based on the principles of legality and objectivity, contributes to ensuring the legitimate rights and interests of all members of society. Therefore, the activities of forensic experts cannot be outside the scope of certain ethical norms and standards. The purpose of the article is to characterise the ethical standards of forensic experts and outline the areas of their possible transformation based on the analysis of ethical codes existing in English-speaking countries and in Ukraine, and using a systematic approach. The study applies the general methods of scientific cognition (ascent from the abstract to the concrete; formalisation; abstraction, analysis, analogy, synthesis), as well as a systematic approach.

Summary of the main results of the study. The article shows that there is an urgent need to harmonise national approaches to international law enforcement. The existing ethical standards of forensic experts are analysed. The necessity, areas and mechanisms of compliance with ethical standards in the field of forensic science and criminalistics are considered.

Conclusion. Ethical standards in the field of forensic science should provide for an accurate reflection of the expert’s qualifications, a truthful and detailed presentation of the data obtained as a result of the study, ensure the integrity of evidence, and provide clear and complete documentation of the expert study. At the same time, advocacy, bias, falsification and disclosure of information obtained during expert research are inadmissible.

PROBLEMS OF INSTITUTIONALIZATION OF INADMISSIBILITY OF EVIDENCE IN CRIMINAL PROCEDURE OF UKRAINE

Yaromyr Tsimura — Tue, 24 Dec 2024 00:00:00 +0000

Introduction. The problems of evidence in criminal procedure have been occupying the minds of researchers for many years now, and in fact, the intensification of scientific research in this area of knowledge began immediately with the establishment of the science of criminal procedure itself and the appearance of the first scientific works. Nevertheless, many problems remain unresolved, and this statement fully applies to the problem of institutionalization of inadmissibility of evidence in criminal procedure.

Summary of the main results of the study. The article examines modern scientific approaches to the institutionalization of inadmissibility of evidence in criminal proceedings from the perspective of the general theoretical provisions of law systematization. The author identifies the gaps in the existing research on solving this problem in the works of modern scholars. The author criticizes the well-known scientific approaches to the institutionalization of inadmissibility of evidence in criminal procedure. The author formulates the author's position on the place of a set of procedural rules governing social relations regulating the grounds, procedure and consequences of inadmissibility of evidence.

Conclusions. The author supports the scientific position that criminal procedural evidence is a sub-branch of criminal procedure and its constituent institutions, the rules of which regulate certain elements of evidence, including the admissibility of evidence. The author outlines the expediency of considering the legal provisions which regulate the issue of inadmissibility of evidence as a component of the institute of admissibility of evidence in criminal procedure, which in turn are components of the law of evidence in criminal procedure.

PROBLEMATIC ASPECTS OF ENGAGING AN EXPERT BY THE DEFENSE IN CRIMINAL PROCEEDINGS

Olha Shaituro, Hlib Rybalko — Tue, 24 Dec 2024 00:00:00 +0000

Introduction. The procedural mechanism of engaging an expert in criminal proceedings by the defense is one of the means of protecting a person and collecting evidence. However, this mechanism remains imperfect, with a number of unresolved problems that become an obstacle to the implementation of the principle of equality of the parties to criminal proceedings in the engagement of experts in criminal proceedings.

Summary of the research results. The article attempts to summarize the existing views on the problems of engaging an expert in criminal proceedings by the defense. The author proposes to legislatively regulate the existing inaccuracies in the documentation of the procedure for engaging an expert in criminal proceedings. The article also proposes an approach to improving the procedure for engaging an expert by the defense on a contractual basis. The author provides recommendations on the procedure for taking samples for examination by the defense

Conclusions. Based on the results of the study, the author concludes that the equality of the parties to criminal proceedings declared by the legislator with regard to submission of evidence to the court and proving its convincing nature before it also includes the issue of engaging a criminal proceedings expert and the right of the defense to conduct an alternative examination. The analysis of the provisions of the current criminal procedure legislation in this part and the results of recent scientific research indicates that this principle of criminal proceedings has a number of shortcomings in its implementation in special rules of criminal procedure.

FEATURES OF THE ACTIVITIES OF THE MINISTRY OF DEFENSE OF UKRAINE UNDER THE CONDITIONS OF MARITAL STATE

Yevhen Hryhorenko, Vyacheslav Alexandrov — Tue, 24 Dec 2024 00:00:00 +0000

Introduction. The article states that due to its legal status and special place in the system of public administration and central executive bodies, the Ministry of Defense is the central body of executive power, whose activities are directed and coordinated by the highest executive body of Ukraine. At the same time, the Ministry of Defense is the main body in the system of central executive bodies, which ensures the formation and implementation of state policy on general issues of national security in the military sphere, as well as in the spheres of defense and military construction in peacetime and special periods; the central body of executive power and military administration under which the Armed Forces and the State Special Transit Service are subordinated; and authorized by the central executive body in the field of state aviation.

Summary of the main results of the study The article noted that the introduction of martial law in Ukraine caused the Ministry of Defense of Ukraine to impose a number of new functional responsibilities of the Ministry of Defense, the appearance of which was determined by the circumstances and conditions of this legal regime. Accordingly, the list of powers of the Ministry of Defense in accordance with the tasks assigned to it was significantly expanded due to the emergence of such powers as: preparing and submitting proposals to the Cabinet of Ministers of Ukraine regarding the application, cancellation and amendment of special economic and other restrictive measures (sanctions) imposed by the Cabinet of Ministers of Ukraine for consideration by the National Security and Defense Council of Ukraine in accordance with the Law of Ukraine "On Sanctions", and participation in the formation, implementation and monitoring of the effectiveness of the state sanctions policy on matters within its competence. It was determined that in the conditions of martial law, among the new powers of the Ministry of Defense is participation in the implementation of tasks of the state information policy in the field of defense, information measures aimed at increasing the level of the state’s defense capability and countering the information operations of the aggressor (adversary); development of the structure and order of development of the defense plan of Ukraine, organization and development of its components; ensuring, in accordance with the law, the performance of the functions of the authorized body for state quality assurance, the main body in the field of defense procurement and the state customer in the field of defense, etc. Conclusion. It is argued that the modern challenges that Ukraine faced and, in particular, caused the introduction of martial law, are at the same time opportunities that open up new prospects for building a qualitatively new system of relations between military science, on the one hand, and all subjects of state power and civil society, on the other hand, and are able to strengthen the possibilities of its influence on the development and approval of basic conceptual and legislative provisions in the field of security and defense, including, at the level of the formulation of national development strategies and military doctrines, to increase the importance of military science in scientific and technical progress and innovation in general, as well as contribute to the strengthening of the country’s defense capabilities.

LEGAL FOUNDATIONS OF ENVIRONMENTAL RIGHTS PROTECTION OF VULNERABLE PERSONS WITHIN THE INTER-AMERICAN HUMAN RIGHTS SYSTEM

Ihor Voievodin — Tue, 24 Dec 2024 00:00:00 +0000

The judicial practice of the Inter-American Court of Human Rights regarding the interpretation of the provisions of the American Convention on Human Rights of 1969 and the rendering of decisions in relevant cases on the protection of the right to a healthy environment, in particular, decisions in cases "Mayagna (Sumo) Awas Tingni Community v. Nicaragua" of 2001, "Yakye Axa Indigenous Community v. Paraguay" of 2005 and "Kichwa Indigenous People of Sarayaku v. Ecuador" of 2012, as well as Advisory Opinion OC 23/17 of 2017 were considered. The relevant conclusions were drawn.

PECULIARITIES OF THE LEGAL STATUS OF THE OFFICE OF THE INTERNATIONAL CRIMINAL COURT IN UKRAINE

Oleksandr Perederii — Tue, 24 Dec 2024 00:00:00 +0000

Introduction. The article highlights the peculiarities of the legal status of the Office of the International Criminal Court in Ukraine from the standpoint of general theoretical analysis. Attention is focused on the role, tasks and functions of the mentioned institution in the aspect of ensuring law and order in Ukraine and bringing to international criminal responsibility persons wanted by the International Criminal Court on suspicion of committing war crimes.

Summary of the main results of the study. Based on the analysis of the normative agreement on the status of the Office of the International Criminal Court, the essence of the system of features inherent in the legal status of the specified institution is given and revealed. In particular, this is a special regime for the use of court premises in Ukraine, the specifics of the legal regime for the use of court funds, assets and other property by the Office, a special procedure for the use of means of communication and communications of the Office of the International Criminal Court, exemption from taxes, import and export duties. The responsibilities assigned to the Office of the International Criminal Court in Ukraine are highlighted (informing the authorities of Ukraine about the appointment of the staff of the Office and their family members, compliance with the orders and instructions necessary for the safety and protection of the employees of the office given by the Government of Ukraine, the obligation to use office premises with the aim of avoiding criminal liability by persons or carrying out due justice in accordance with the legislation of Ukraine, the obligation not to alienate property purchased or imported on conditions according to which they cannot be sold, leased, gifted or otherwise alienated, compliance with internal legislation of Ukraine).

Conclusion. The conclusion that the specificity of the legal status of the Office of the International Criminal Court is determined by the complexity of the tasks of the International Criminal Court in Ukraine, as well as social factors that influence or potentially influence the court’s activities, is substantiated. The effectiveness of the Office of the International Criminal Court is a guarantee of the full realization of the legal personality of the International Criminal Court in Ukraine and the creation of conditions for ensuring effective investigation and prosecution of persons guilty of international crimes during the aggression against Ukraine.

UNITED NATIONS ACTIVITIES TO ERADICATE HUNGER: INTERNATIONAL LEGAL ASPECT

Lina Fomina — Tue, 24 Dec 2024 00:00:00 +0000

Introduction. The article describes the international legal instruments adopted under the auspices of the United Nations (the 1969 Declaration on Social Progress and Development, the 1974 Universal Declaration on the Eradication of Hunger and Malnutrition, The Rome Declaration on World Food Security and the 1996 World Food Summit Plan of Action, the 2000 United Nations Millennium Declaration, the 2030 Agenda for Sustainable Development (A/RES/70/1) of 2015, and the 2024 Agenda 21 Pact) on the eradication of hunger and malnutrition.

Summary of the main results of the study. It is stated that the eradication of hunger is a common responsibility of all countries of the international community. It is noted that the achievement of the Millennium Development Goals included halving by 2015 the proportion of the world's population with an income of less than one dollar a day and the proportion of the population suffering from hunger. It is noted that in 2015 the 2030 Agenda for Sustainable Development (A/RES/70/1) and its 17 Sustainable Development Goals (SDGs) were adopted. In particular, Goal 2 is aimed at ending hunger, ensuring food security and improved nutrition and promoting sustainable agriculture. It is emphasised that despite the fact that there has been some progress in many areas, in general, actions to implement the SDGs have not yet reached the required pace and scale. It is noted that in September 2024, at the Summit of the Future, the Pact for the Future was adopted, which was the culmination of a long-term process of adapting international cooperation to the realities of the present and the challenges of the future. The Pact covers a wide range of topics, including peace and security, sustainable development, climate change, digital cooperation, human rights, gender, youth and future generations, etc. The issue of the eradication of hunger, food insecurity and all forms of malnutrition is addressed in Actions 3 and 15. In particular, Actions 3 and 15 will provide coordinated support to countries and communities suffering from food insecurity and malnutrition in all its forms; assist countries in debt distress to manage volatility in international food markets; promote equitable, resilient, inclusive and sustainable agrifood systems; eliminate the scourge of hunger, acute food insecurity, famine and famine-like conditions in armed conflict in armed conflicts, now and for future generations etc.

Conclusion. The lack of progress and the persistence of high levels of hunger and food insecurity have delayed the achievement of the SDG 2 targets, requiring coordinated and decisive action by the international community.