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

HISTORICAL EXPERIENCE OF THE DEVELOPMENT OF DIPLOMACY IN UKRAINE AND ITS APPLICATION IN MODERN CONDITIONS

Ihor Boyko — Sat, 30 May 2026 00:00:00 +0000

The article analyzes the stages of formation and development of diplomacy in Ukraine from ancient times to the present. It examines the historical experience of organizing the foreign policy activities of the Ukrainian state in different historical periods and identifies key trends and patterns in the development of diplomatic institutions.

It is noted that diplomatic activity constitutes an integral element of international relations as a system of political, economic, cultural, and other interactions between states, peoples, and international organizations. Diplomatic activity in the field of international relations is focused on addressing the most important issues of a state’s external affairs, its security, as well as issues connecting different countries, including negotiations and treaty-making, trade, wars and alliances, cultural exchange, and joint resolution of global problems. Early forms of international relations were simple and practical, such as trade (exchange of goods with neighboring peoples), military contacts (campaigns, defense, alliances), and agreements between tribes and princes. With the formation of statehood, international relations became more complex, including the conclusion of interstate treaties, establishment of permanent relations with other states, and the emergence of alliance policies and balance of power. The article highlights the peculiarities of the formation and development of diplomatic activity in the State of the Antes, Kyivan Rus, the Galicia-Volhynia State, the Ukrainian Cossack State, the Ukrainian People’s Republic under the Central Rada, the Ukrainian State under Pavlo Skoropadskyi, the Ukrainian People’s Republic under the Directory, the West Ukrainian People’s Republic, the Ukrainian SSR, and modern Ukraine. It is emphasized that the modern diplomatic service of Ukraine operates in conditions of global transformations and military threats. Historical experience can primarily be used to protect national interests. History shows that effective diplomacy is a key factor in preserving statehood. Diplomatic activity during the war of russia against Ukraine effectively functions as another “front” alongside the military one. Ukrainian diplomacy is aimed at securing international support, providing political, financial, and military assistance from partners (in particular the European Union, NATO, the United States, Canada, and others). Without this support, it would be significantly more difficult for Ukraine to resist aggression.

It is noted that one of the most important tasks is to determine the features and priorities of Ukrainian diplomacy in wartime conditions. Ukrainian diplomacy actively works on forming an international coalition against the aggressor. Diplomats strive to ensure that as many states as possible condemn russia’s actions, support sanctions, and refrain from helping it circumvent restrictions. Ukraine actively initiates and supports sanctions against russia that weaken its economy, military industry, and political influence. An important aspect is also the information struggle for truth in the in-ternational arena, including conveying facts about the war, countering disinformation, and shaping a positive image of Ukraine in the world. Despite the war, Ukraine is advancing toward membership in the European Union and deepening cooperation with NATO, which is a strategic goal of diplomacy. Significant efforts of Ukrainian diplomacy are focused on the humanitarian sphere, including organizing prisoner exchanges, returning deported citizens, and attracting humanitarian aid. Ukraine cooperates with international institutions to hold russia accountable for war crimes and to obtain compensation for damages. Ukrainian diplomacy in the context of the russian-Ukrainian war is aimed at using the full range of diplomatic measures to achieve security and a just peace in Ukraine. It not only complements military efforts but directly influences the state’s ability to withstand challenges, maintain global support, and lay the foundation for future security and recovery.

Among the main challenges of modern Ukrainian diplomacy are the need for further institutional reform, effective personnel policy, digitalization of diplomatic activities, and adaptation to new formats of international interaction. Development prospects are associated with deepening European integration processes, expanding participation in international organizations, and introducing innovative diplomatic tools. A promising new type of diplomacy is cyber diplomacy. Its main priorities include the security dimension (establishing contacts with allies and countering hostile efforts), the humanitarian dimension (protection of human rights, freedom, autonomy, and democracy), counteracting monopolization and concentration of power, the technological dimension (engagement of advanced technologies and increasing technological capacity), the economic dimension (expanding business opportunities and economic growth), and the legal dimension (leadership in developing balanced norms for cyberspace regulation). According to scholars, this approach should also be extrapolated to global digital policy in international relations, taking into account global trends and the aggressive war initiated by russia.

In conclusion, the historical experience of the development of Ukraine’s diplomatic service demonstrates a complex but consistent process of formation of national diplomacy. From the first international contacts of Kyivan Rus to modern professional diplomatic activity, Ukraine has gone through the path of institutionalization, professionalization, and integration into the global system of international relations. The application of historical experience is an important factor in enhancing the effectiveness of modern diplomacy, especially in the context of global challenges. It allows not only preserving national diplomatic traditions but also forming innovative approaches to implementing Ukraine’s foreign policy.

AXIOSPHERE OF NATIONAL JUDICIARY: PHILOSOPHICAL AND LEGAL ANALYSIS

Sergii Vasyliev — Sat, 30 May 2026 00:00:00 +0000

The article examines the axiological dimension of national judicial proceedings through the prism of the category of the axiosphere as a holistic system of legal values that determine the content, direction and boundaries of the administration of justice. The relevance of the topic is due to transformational processes in the legal system of Ukraine, the influence of martial law and European integration processes, which require a rethinking of the value orientations of justice.

Summary of the main results of the study. It is argued that modern judicial proceedings cannot be considered exclusively as a formal and procedural activity, since its essence lies in the implementation of the fundamental values of law - justice, the rule of law, human dignity and the right to a fair trial. The theoretical and methodological principles of the axiosphere of judicial proceedings are revealed, its structure and main levels are determined: fundamental (constitutional), procedural, institutional and functional values. Particular attention is paid to the analysis of the basic values of national judicial proceedings, in particular justice, independence of the court, good faith of the participants in the process, procedural economy, trust in the judiciary and the effectiveness of justice. The impact of modern challenges - martial law, European integration processes and digitalization of judicial proceedings - on the transformation of the axiosphere of justice is investigated. Special attention is paid to the problems and imbalances of the axiosphere of national judicial proceedings, among which the conflict between efficiency and justice, excessive formalism, lack of trust in the court and the risks of instrumentalization of procedural values are highlighted.

Conclusion. The author's definition of the axiosphere of judicial proceedings is formulated as a hierarchically organized, dynamic system of interconnected legal values that ensure coordination between formal normativity and the idea of justice. The need for a transition to a value-oriented model of judicial proceedings as a condition for increasing the efficiency and legitimacy of the judiciary is substantiated.

THE INSTITUTE OF PRESIDENTIAL IMPEACHMENT IN THE USA AND IN UKRAINE: A HISTORICAL AND LEGAL STUDY

Izabell Voronova — Sat, 30 May 2026 00:00:00 +0000

Introduction. The article provides a comprehensive historical-legal and comparative-legal study of the institute of presidential impeachment in the USA and in Ukraine - a constitutional mechanism forming a key element of the checks and balances system. The topic is relevant given the activation of impeachment in the US (proceedings against B. Clinton in 1998 and twice against D. Trump - in 2019 and 2021), the adoption in Ukraine of the Law «On the Special Procedure for Removal of the President from Office» (2019), and the need to improve the domestic model under Article 111 of the Constitution.

Summary of the main results of the study. The genesis of impeachment in the English legal tradition (14th–18th centuries) and its reception in the US Constitution of 1787 is examined. The Constitutional Convention debates on the formula «treason, bribery, or other high Crimes and Misdemeanors» are analyzed. The two-level procedural model (House of Representatives - Senate) and its features are revealed. A comparative analysis of narrow (criminal) and broad (political-structural) doctrinal approaches is carried out. The practice of applying impeachment to presidents - A. Johnson (1868), R. Nixon (1974), B. Clinton (1998–1999), D. Trump (2019–2020, 2021) - is statistically analyzed; no president was removed from office. The US and Ukrainian models are compared and proposals for improving Article 111 of the Constitution of Ukraine are formulated.

Conclusion. Impeachment in the US has a predominantly political-legal rather than purely criminal-legal nature. The two-thirds Senate supermajority proves insurmountable under partisan polarization, reflecting a constitutional preference for stability. The Ukrainian model is an overly complex mixed structure requiring reform: simplifying legislative–judicial interaction and admitting non-criminal grounds for impeachment.

PUBLIC LAW AND CORPORATE FOUNDATIONS OF MARITIME LAW IN THE BARCELONA MARITIME CODE OF 1258

Oleksandr Havrylenko, Ievgen Renov — Sat, 30 May 2026 00:00:00 +0000

Introduction. The article is devoted to the study of the public-law and corporate foundations of maritime law in the Barcelona Maritime Code of 1258. The relevance of the topic is обусловлена the need to reconsider early codifications of Mediterranean maritime law as a basis for the formation of the European legal tradition of lex maritima. The Barcelona Code appears as one of the earliest systematic acts that combined royal legislative authority with the normative initiative of a professional maritime corporation, thereby establishing a model of interaction between public authority and private-corporate regulation. The aim of the article is to clarify the legal nature of the Code, analyze its institutional structure, and determine its place in the evolution of European maritime law. The source base includes the original text of the Code, its translations, and later Mediterranean maritime statutes. The methodology is grounded in a combination of historical-legal, comparative-legal, and institutional approaches.

Summary of the main research results. The article demonstrates that the adoption of the Code was directly connected with the maritime expansion of the Crown of Aragon and the policy of royal authority aimed at regulating maritime trade. The Code possesses a dual character: as an act of sanctioned corporate law, it combines imperative norms of a public nature with rules governing the internal organization of the maritime community. The normative structure of the document is analyzed, including provisions on the status of the captain, the legal position of seafarers, the functions of the sworn clerk, and mechanisms of contractual recording. It is established that the Code provides for a developed system of disciplinary and pecuniary liability and regulates safety aspects of navigation, including the arming of vessels and conduct in conditions of risk. Particular attention is paid to the institution of the “company” as a form of commercial partnership and to the principle of corporate solidarity, which ensured collective responsibility and mutual support among participants in maritime ventures. The institutional mechanism of onboard governance is examined through the system of proctors and the delegated “shipboard jurisdiction” operating within the framework of royal sovereignty. It is substantiated that the sanctioning system of the Code reflects a model of fiscal partnership between the Crown and the maritime corporation through the distribution of fines.

Conclusions. The Barcelona Maritime Code of 1258 represents an early model of synthesis between public-law and corporate regulation, in which royal authority legitimizes and institutionalizes the norms of a professional maritime community. The document laid the foundations for the development of the Mediterranean legal tradition of maritime law and influenced the subsequent evolution of European maritime statutes. Its significance lies in the establishment of effective mechanisms combining state control, private initiative, and collective responsibility. Prospects for further research are associated with a comparative analysis of the Barcelona Code and Italian and Hanseatic maritime statutes in order to identify common and distinctive features in the formation of European maritime law.

CONTENT AND DIRECTION ON THE HISTORICAL DEVELOPMENT OF LAW AND THE STATE ACCORDING TO MAXYM KOVALEVSKY

Oleksandr Holovko — Sat, 30 May 2026 00:00:00 +0000

Introduction. The article is dedicated to a comprehensive analysis of the scientific heritage of Maksym Maksymovych Kovalevsky (1851-1916), a prominent social scientist, within the context of the historiosophy and sociology of law. The relevance of the study is driven by the need to overcome the ambiguity of the sociological tradition in modern Ukrainian legal discourse, as well as the necessity to deconstruct imperial myths regarding the "appropriation" of the scientist's persona by Russian science. The purpose of the article is to characterize the content of legal development through the prism of Kovalevsky's sociological theory, highlighting his unique views on law as a socio-cultural phenomenon. The work employs methods of systemic analysis, the comparative-historical method. The author's scientific approach allows for tracing the connection between European positivism and original Ukrainian legal thought of the late 19th and early 20th centuries.

Summary of Research Results. As a result of the analysis, it is established that M. Kovalevsky was one of the founders of the sociological variety of positivism, which radically differed from the legalistic-dogmatic approach. His teaching is based on the concept of genetic sociology, which views law as an inseparable social product that originates simultaneously with the first social unions, predating the emergence of the state. The central category in the scientist's theory is social solidarity. Unlike the Marxist theory of class struggle, Kovalevsky saw social solidarity as the primary driving force of social progress. The author proves that for Kovalevsky, law is the normative expression of solidarity. The scientist criticized the metaphysical doctrines of natural law, considering them detached from practice, while simultaneously rejecting the absolute power of the state in creating legal norms. The article details the transformation of the categories of "justice," "freedom," and "human rights" within Kovalevsky's system. Justice is interpreted not as an absolute idea, but as a shifting requirement of social solidarity that evolves along with the environment. Freedom is viewed as a condition for the development of individual autonomy, which does not contradict solidarity but is a necessary element of modern constitutionalism. Particular attention is paid to the scientist's contribution to comparative law and his influence on global science.

Conclusions. Summarizing, the author emphasizes the objectivist nature of M. Kovalevsky's theory, where law appears as a product of sociogenesis rather than merely state will or an abstract ideal. It is proven that the concept of social solidarity allowed the scientist to justify an evolutionary path of social development as an alternative to revolutionary upheavals. Law in this context acts as the main regulator ensuring the transition from a primitive "herd" to civilized citizenship. Kovalevsky's heritage, imbued with the Ukrainian cultural-identity code and European intellectualism, remains a fundamental basis for the development of modern philosophy of law and sociological jurisprudence in Ukraine.

THE RULE OF LAW AND LEGAL EDUCATION OF THE POPULATION: THE NECESSITY AND IMPORTANCE OF CORRELATION

Yuriy Dreval — Sat, 30 May 2026 00:00:00 +0000

This paper analyses the interdependence between the implementation of the rule of law and legal education for the public. The analysis is based on the generally accepted premise that the rule of law encompasses a harmonious combination of principles and norms aimed at fully safeguarding human rights and freedoms. The modern era, however, is characterized by an integrated understanding of the rule of law as a complex yet effective legal phenomenon, which forms the basis of the doctrine of constitutionalism and the rule of law, and must therefore be regarded as an indispensable factor in democratic governance. The full affirmation and implementation of the principle of the rule of law is a hallmark of the civilized progress of the state and society. It is noted that the concept of the rule of law has traditionally been the subject of academic research. For the subject of our study, however, emphasis should be placed on aligning the criteria of the rule of law with legal education for the public (or ‘civic legal education’).

The existing assumption regarding a clear correlation between the phenomena of the rule of law and the legal education of the population has been confirmed. Indeed, in this case, it is not merely a matter of adhering to the standards of the rule of law and complying with the provisions of legislative acts, but also of citizens making a conscious choice regarding their own lawful conduct. There can be no dispute that it is precisely legal education that must provide a solid foundation for both legal upbringing and legal culture, as well as an appropriate level of legal awareness among citizens.

It has been demonstrated that there are significant obstacles to the implementation of the principle of the rule of law, including the population’s insufficient legal literacy. Moreover, these difficulties and obstacles are characteristic of both ‘young democracies’ and countries with established traditions of democratic governance. Consequently, the improvement of the fundamental principles of the rule of law and the development of civic legal education must be interlinked and mutually coordinated, sharing a single objective – the formation of a democratic, legal and social state in which human rights and freedoms are recognized as the highest social value!

DEVELOPMENT OF LEGAL TERMINOLOGY IN EU LAW IN THE FIELD OF SOCIAL POLICY (USING THE EXAMPLE OF THE TERMINOLOGICAL SYSTEM OF SOCIAL DIALOGUE)

Nataliia Zhuk — Sat, 30 May 2026 00:00:00 +0000

Introduction. The article is devoted to the identification and study of the patterns and trends in the development of legal terminology in the law of the European Union in the sphere of social policy. This goal was achieved by analyzing the relevant processes on the example of the transformation of the terminological system of social dialogue in European social constitutionalism with support from the legislation of the EU and the member states.

Summary of the main results of the study. It was established that the factors influencing the evolution of this terminological system were the development of the social economy, the implementation of the principles of “corporate social responsibility” and “environmental, social and corporate governance” determined by it, as well as the affirmation of the course for sustainable development with its priorities of an innovative and inclusive nature. It is proved that the intensification of the development of the terminological system of social policy in the EU was facilitated by the expansion of the content of the social state, the improvement of the dialogue between the authorities and society, the formation of capable institutions of social partnership, the involvement of a wider range of subjects in participation in social dialogue, etc. It is established that the terminological system of social dialogue in the EU has been supplemented by a number of new legal terms in the context of the modern understanding of the "social dimension" of European policy, the central concept of which is the term "well-being of the population" and related concepts, including the term "social progress index". It is revealed that the terminological innovation in terms of improving the mechanisms for ensuring the social policy of the EU and its member states has become the concept of the "European Semester" ("Semester") and the phenomenological concepts, substantively and procedurally related to it, including the concepts of "Social Convergence Framework", "Annual Growth Survey", "Asset Management Report", etc. Special attention is paid to the specifics of the development of the terminological system of social dialogue in the context of social policy in modern Ukraine.

Conclusion. The conclusion is substantiated that the development of the terminological system of social dialogue in the EU and its member states is due to its evolution from the legalization of the concept of social partnership as certain social relations based on democratic participation to institutionalization as a component of the European social model and an important instrument of the EU social policy.

LEGAL PRINCIPLES AND DIPLOMATIC PRACTICES IN THE CONTEXT OF THE CONFLICT-PRONE NATURE OF THE VIENNA SYSTEM (1815–1914)

Serhii Lyman — Sat, 30 May 2026 00:00:00 +0000

Introduction. The relevance of this study is determined by the need for a deeper understanding of the historical origins of the modern system of international relations and international law, much of which traces back to the Vienna system of 1815–1914. The analysis of the legal principles and diplomatic practices of this period allows for identifying patterns in the functioning of mechanisms such as the balance of power, legitimacy, and collective diplomacy as a system for preventing global conflicts, which continue to be significant in the contemporary world. Summary of the main results of the study. The article presents a comprehensive analysis of the diplomatic and international-legal aspects of the formation of the Vienna system of international relations, which emerged from the decisions of the Congress of Vienna (1814–1815), as well as the key contradictions and sources of conflict-proneness within the new international order. It examines the diplomatic mechanisms that ensured the system’s operation, its influence on the development of international law, and the practice of multilateral negotiations. The significance of the decisions of the Vienna Congress and other 19th–early 20th century international forums for the establishment of a stable international order in Europe and the development of the so-called “Concert of European Powers” is highlighted. The study emphasizes that while the Vienna system sought to maintain peace through the principles of collective security and diplomatic agreements, it could not fully neutralize the rise of nationalist and imperialist ambitions in individual states. International law and diplomacy of the time were limited in effectiveness due to the absence of a unified legal framework applicable to all participants. Considering the contemporary transformation of the global order, the historical experience of the Vienna system is crucial for understanding the nature of interstate conflicts. Conclusion. The study concludes that the Vienna system of international relations represented a significant stage in the development of diplomacy and international law, establishing mechanisms for collective conflict resolution and maintaining a balance of power among Europe’s leading states. At the same time, internal contradictions, disputes among major powers, the emergence of new actors, the formation of military-political blocs, and violations of the status quo contributed to the growth of conflict-proneness in the international environment and ultimately led to its crisis and the outbreak of the First World War.

CERTAIN ASPECTS OF THE IMPLEMENTATION OF THE SUSTAINABLE DEVELOPMENT GOALS IN UKRAINE’S NATIONAL LEGISLATION

Olena Sushch, Olena Ostapenko — Sat, 30 May 2026 00:00:00 +0000

Introduction. In the article, the authors investigated how the Sustainable Development Goals are gradually being integrated into Ukrainian legislation, what legal mechanisms already exist, and which still need clarification and improvement. This article addresses the question of how the implementation of the Sustainable Devel-opment Goals is reflected in Ukrainian legislation. The article consists of two parts. The first part focuses on the study of the relationship and mutual impact of sustainable development and law. In the second part, the analysis of the legal regulation of the formation of the concept of the Sustainable Development Goals at the global and regional (European) levels, as well as the state of their implementation in Ukraine, is carried out.

Summary of the main results of the study. The stages and vectors of the legal regulation of sustainable development in Ukraine have been determined. It is studied that the formation of sustainable development goals began in the 70s of the nineteenth centuries on environmental tasks. Over time, there has been a transformation of goals from exclusively protecting the environment to overcoming extreme poverty, combating inequality and injustice, protecting the Earth's environment and climate, and ensuring that everyone can enjoy peace and prosperity. Throughout this time, Ukraine has been joining global initiatives and in 2017 the adaptation of the SDGs to national legislation was reflected in the National Report "Sustainable Development Goals: Ukraine".

Conclusions. In today's conditions, despite the difficult conditions for the implementation of the SDGs in the context of the armed aggression of the Russian Federation, they are being implemented both at the national and local levels, including in the context of joining the EU and introducing European standards of living in Ukraine and its entry into leading positions in the world.

EUROPEAN PARLIAMENT ELECTIONS AND THE ADAPTATION OF UKRAINIAN ELECTORAL LEGISLATION: ISSUES IN THE POST-WAR PERIOD

Liudmyla Gudz — Sat, 30 May 2026 00:00:00 +0000

Introduction. This article examines the specifics of adapting Ukraine’s electoral legislation to European Union standards in the context of European integration processes and preparations for participation in elections to the European Parliament. It argues for the need for systemic changes in national legislation, particularly at the constitutional level, as a prerequisite for ensuring the legal framework necessary to hold such elections in Ukraine. An analysis of scientific works by domestic and foreign researchers within the scope of the chosen topic has been conducted. The relevance of further research was driven by the start of negotiations on Ukraine’s accession to the European Union beginning in 2024 and the prospect of integration into the European legal space.

Summary of the main results of the research. The research found that the legal framework governing elections to the European Parliament is based on a combination of EU law and the national legislation of Member States, necessitating comprehensive adaptation of Ukrainian electoral legislation as early as the stage of EU accession negotiations. It is argued that such adaptation must be systematic in nature and involve not only amending current legislation but also introducing constitutional changes, in particular concerning the expansion of the electorate in accordance with EU standards. It is established that Ukraine’s participation in elections to the European Parliament entails the formation of a single electoral area, within which citizens of EU Member States exercise their electoral rights regardless of their country of residence.

Conclusion. Adapting Ukraine's electoral legislation to EU standards requires systemic changes, including the introduction of a proportional representation system with open lists, a review of the voting age, and improvements to the organisation of the voting process and appeal procedures, which will help to strengthen democratic institutions and facilitate Ukraine's effective European integration. To ensure the inclusiveness of the electoral process, it is necessary to strengthen safeguards for the exercise of voting rights by people with disabilities.

ALTERNATIVE (NON-MILITARY) SERVICE AS A MECHANISM FOR RECONCILING THE CONSTITUTIONAL DUTY TO DEFEND THE MOTHERLAND AND FREEDOM OF CONSCIENCE: INTERNATIONAL STANDARDS AND UKRAINIAN PRACTICE DURING MARTIAL LAW

Mark Voronov — Sat, 30 May 2026 00:00:00 +0000

Introduction. The article provides a comprehensive constitutional-legal analysis of alternative (non-military) service as a mechanism for reconciling the constitutional duty to defend the Motherland (Article 65 of the Constitution of Ukraine) with freedom of conscience (Article 35) during martial law. The normative gap between the constitutional guarantee and its legislative implementation -tied to the abolished conscript service (replaced by basic military service in 2024) -has given rise to a serious legal conflict addressed by the Constitutional Court of Ukraine (2024–2025) and the Venice Commission amicus curiae brief CDL-AD(2025)006 of 18 March 2025.

Summary of main research results. The evolution of international standards is traced at three levels: UN (General Comment No. 22, 1993), Council of Europe (from Grandrath v. Germany, 1966, to Bayatyan v. Armenia, 2011, and subsequent ECtHR jurisprudence including Adyan, Papavasilakis, Kanatlı v. Türkiye, 2024), and EU (Article 10(2) of the Charter; CJEU practice in Shepherd and EZ). The Venice Commission opinion CDL-AD(2025)006 is examined. A comparative analysis covers Germany, Spain, Poland, Estonia and other EU Member States. Ukrainian judicial practice is analyzed, including Supreme Court cases No. 641/1067/23, No. 344/12021/22, No. 601/2491/22, and acquittal decisions in cases No. 511/2216/24 and No. 953/9807/24.

Conclusion. The incompatibility of Part 1 of Article 1 of the Law of Ukraine "On Alternative (Non-military) Service" with Part 4 of Article 35 of the Constitution and international standards is substantiated: following the 2024 abolition of conscript service, the constitutional right became practically unenforceable during martial law. Legislative changes de lege ferenda are proposed to align national law with the Bayatyan standard, the Venice Commission opinion of 2025, and Ukraine's obligations under the ECHR, the EU Charter and the ICCPR.

IMPLEMENTATION OF THE PRINCIPLE OF DIRECT EFFECT OF THE CONSTITUTION OF UKRAINE IN THE ACTIVITIES OF PUBLIC AUTHORITIES: PROBLEMS AND WAYS OF IMPROVEMENT

Іhor Kalimbet — Sat, 30 May 2026 00:00:00 +0000

Introduction. The provision on the direct effect of constitutional norms establishes a qualitatively different standard of interaction between the individual and the state: constitutional rights and freedoms must not only be proclaimed but also be suitable for direct application (primarily in judicial protection) and serve as a benchmark for assessing the legality of actions taken by public authorities.

Summary of the main research findings. It has been established that the principle of direct effect of the Constitution of Ukraine has a dual functional nature: as a guarantee of direct judicial protection of rights and freedoms and as a mandatory standard of constitutionally conforming activity for public authorities. It is proven that the formal enshrinement of direct effect in Part 3 of Article 8 of the Constitution does not ensure its automatic implementation in administrative practice, which leads to a gap between the normative content of constitutional guarantees and actual law enforcement.

The main forms of distortion of the principle of direct effect are generalized as follows: prioritization of subordinate regulation over the constitutional substance of rights, formalism in the exercise of discretionary powers, insufficient legal certainty of administrative procedures, and institutional weakness of mechanisms for restoring rights after a legal act has been declared unconstitutional. It has been revealed that the judicial component of direct effect is significantly more developed than the administrative one, which reduces its implementation mainly to post factum correction of violations rather than preventive assurance of the constitutionality of managerial decisions.

The necessity of synchronizing legislative, judicial, and administrative levels of implementation of the principle of direct effect is substantiated through strengthening procedural guarantees of discretion, unifying judicial practice regarding the direct application of the Constitution, institutionally establishing the obligation of constitutional reasoning in administrative decisions, and developing mechanisms for the effective enforcement of judicial acts. A conceptual model for enhancing the constitutional capacity of public authorities as a prerequisite for effective protection of human rights is proposed.

Conclusion. The implementation of the principle of direct effect of the Constitution of Ukraine should not be perceived as a merely declarative feature of the Basic Law but as a systemic requirement for the entire architecture of public authority. The effectiveness of this principle depends on the synchronization of three interrelated levels: high-quality legislation that does not create gaps or conflicts with constitutional provisions; consistent judicial control capable of promptly refusing to apply unconstitutional norms; and constitutionally oriented administrative practice that integrates the principles of the rule of law, legal certainty, and prohibition of arbitrariness into everyday governance.

The study demonstrates that in the absence of proper interaction among these levels, the direct effect of the Constitution transforms into a reactive mechanism—an instrument for correcting violations after they occur. Such a model narrows its potential to judicial “correction” and neutralizes its preventive function in the activities of public authorities. The constitutional standard must operate prior to the adoption of an administrative decision, not only after it has been challenged.

Institutional consolidation of constitutional standards in subordinate rule-making, procedures for exercising discretionary powers, and mechanisms for enforcing court decisions is a necessary condition for the real, rather than formal, supremacy of the Constitution. Only under such conditions will the principle of direct effect ensure not episodic judicial protection but the stable functioning of a rule-of-law state in which constitutional norms serve as the primary benchmark of legitimacy for any public decision.

KEY WORDS: direct effect, rule of law, legal certainty, public authority, judicial protection, constitutional complaint.

INSTITUTE OF TEMPORARY DIRECT ADMINISTRATION IN THE REPUBLIC OF LITHUANIA AND PROSPECTS FOR ITS IMPLEMENTATION IN UKRAINE

Vadym Klyatskyi — Sat, 30 May 2026 00:00:00 +0000

Introduction. The institution of Temporary Direct Administration is a subject of heated debate and the main reason is the threat of termination of local self-government and irreversible centralization. However, such fears may arise in states with unstable democratic institutions.

In terms of further decentralization of Ukraine, the introduction of direct administration is becoming more relevant. Maintaining state control over territories in the post-war period is unlikely to reduce the tension around this institution, so an effective and safe model should be developed. The issues of direct administration are closely related to the institutions of control over local self-government and constitutional and legal responsibility.

The purpose of the article: to outline the key components of the institution of temporary direct administration based on the experience of the Republic of Lithuania and to formulate proposals for the introduction of this institution in Ukraine.

Research methods. The presented research is based on philosophical historical-materialist principles, where the institution of temporary direct administration is considered as a system of relations that is implemented in objective reality and is a component of the general system of governance. A dialectical approach is also applied, which is expressed in the disclosure of the institution of temporary direct administration in connection with democratization; direct administration is considered as not being stable, but changing, evolving under the influence of modern challenges and threats.

Using the formal-legal method, the key concepts and the level of constitutional and legal support for the guarantees of local self-government and the introduction of temporary direct administration within municipalities are revealed.

Summary of the main results of the study. Guarantees of local self-government are a standard for democratic states that seek to develop multi-level governance. The institution of local self-government is a point of intersection of local and national issues, and that is why any constitutional and legal reforms do not occur without corresponding changes in the sphere of local self-government. Multi-level governance must include a system of local self-government. However, the institution of direct governance significantly affects, albeit temporarily, the redistribution of local self-government functions within a specific territory. The principle of recognition and guarantee of local self-government, as a basis of the constitutional system of Ukraine, provides for an imperative requirement to adhere to this principle when carrying out reforms. Ukraine's approach to attempts to introduce a single-person control body in the form of a prefect was close to the Lithuanian one. It should also be added that the draft Law «On Amendments to the Constitution of Ukraine (Regarding the Decentralization of Power)» (Registration № 2217a) provided for the introduction of a temporary government commissioner. This approach is justified for Ukraine, since the territory of our state is much larger than that of Lithuania, and the territorial remoteness of the prefect will not allow to properly ensure the performance of local self-government functions in the event of the introduction of temporary direct administration.

It is necessary to distinguish two forms of the introduction of direct administration depending on the legal regime. One of these forms has not yet been introduced in Ukraine, but doctrinal foundations for its implementation have already been developed, in particular, it concerns the institution of the prefect and the temporary government commissioner. Nowadays, within the framework of the legal regime of martial law, measures are provided for ensuring the performance of local self-government functions, if bodies and officials do not function in accordance with the legislation.

Conclusions. When determining the system of bodies of control over the activities of local self-government bodies, the territorial and administrative-territorial differences of Ukraine and Lithuania should be considered.

It can be stated that the institution of temporary direct administration is applicable in the conditions of martial law and is aimed at achieving socially significant goals and, in addition to averting threats to territorial integrity and national security, allows ensuring the performance of local self-government functions in the event of their inability to be performed by local self-government bodies and officials.

For Ukraine, it is considered necessary to maintain the general approach that was presented by the draft Law «On Amendments to the Constitution of Ukraine (Regarding the Decentralization of Power)» (Registration № 2217a) regarding the introduction of a prefect and a temporary government commissioner, however, the decision on the introduction of direct administration should be made by the parliament.

The purpose of introducing the institution of direct administration should be to restore constitutionality and legality, and therefore, guarantees should be provided to prevent the elimination of the right to local self-government.

LEGAL REGULATION OF THE STATUS OF STATELESS PERSONS IN UKRAINE: EUROPEAN STANDARDS AND THE NEED FOR LEGISLATIVE REFORM

Oleksii Borovyk — Sat, 30 May 2026 00:00:00 +0000

Introduction. The legal status of stateless persons represents one of the most acute gaps in Ukrainian migration law. As a successor state to the Soviet Union, Ukraine inherited a combination of competing nationality laws, administrative gaps, and large-scale population displacement that left thousands of people without legal identity. According to official data of the State Migration Service (SMS), as of 30 April 2024, 5,394 stateless persons were registered as permanent residents of Ukraine and 964 as temporary residents. UNHCR, however, estimates the total number of stateless and persons of undetermined nationality at approximately 35,000, indicating the scale of those who remain entirely outside official registration.

Summary of the main results of the study. The article examines Ukraine's legal framework for stateless persons against the benchmarks of the 1954 Convention Relating to the Status of Stateless Persons, the 1961 Convention on the Reduction of Statelessness, the European Convention on Nationality, and EU member state practice. Five systemic gaps are identified: a critically low practical recognition rate despite the operationalisation of the Statelessness Determination Procedure (SDP) in 2021; burdensome consular certificate requirements imposed through administrative practice rather than legislative mandate; absence of a dedicated statelessness identity document; legislative regression following the September 2023 amendments; and new statelessness risks generated by Russia's systematic passportization policy in occupied territories. Comparative analysis of statelessness determination procedures in Spain, Hungary, Moldova, Latvia and France, as well as the case law of the European Court of Human Rights, serves as the basis for the reform proposals.

Conclusion. Five concrete legislative reforms are proposed: ratification of the Council of Europe Convention on the Avoidance of Statelessness in Relation to State Succession; elimination of the consular certificate requirement for SDP applications; introduction of a combined statelessness status identity card; a statutory provision that prior removal orders do not bar the grant of a residence permit to a recognised stateless person; and a facilitated naturalisation track. These reforms are grounded in Ukraine's existing international obligations under the 1954 and 1961 Conventions and are necessary both for human rights compliance and for Ukraine's EU accession agenda under Chapter 23.

PROBLEMS OF LEGAL REGULATION OF THE STATUS OF RURAL, SETTLEMENT AND URBAN HEADS

Oleksii Lialiuk, Іvan Nanai — Sat, 30 May 2026 00:00:00 +0000

Introduction. The article provides a comprehensive review of the legal status of rural, settlement and city heads in light of the current decentralisation reform in Ukraine.

Summary of the main results of the study. It examines both the theoretical foundations and practical aspects of the functioning of the chief official of a territorial community. Discrepancies in terminology and substance between the provisions of the European Charter of Local Self-Government and domestic legislation, in particular the Law of Ukraine ‘On Local Self-Government in Ukraine,’ are identified.

Particular attention is paid to the ‘combined’ nature of the legal status of the head, which combines political, representative and managerial functions. The work analyses in detail the three main roles that he performs: representative (speaking on behalf of the territorial community), executive and managerial (leading the executive committee and disposing of property) and organisational and representative (moderating council sessions). Based on a study of the internal regulations of the Kharkiv and Lviv city councils, the authors conclude that there is an excessive concentration of power in one person, which poses a potential threat of authoritarian practices at the local level and gives rise to conflicts of interest.

The article raises the issue of the organisational dependence of the deputy corps on the chairperson, which is due to his control over the council apparatus and the formation of the agenda for meetings. To resolve these issues, the foreign experience of Estonia and France was studied, where a clear division of responsibilities between the political leader of the council and the professional administrator (mayor) was introduced.

Specific vectors for reforming the local self-government system in Ukraine are proposed. These include institutional separation of the functions of the council chair and the head of the executive body; abolition of executive committees as collegial bodies of general competence, replacing them with ‘cabinets’ under the personal responsibility of department heads; and introduction of the ‘mayor-manager’ model. The need to introduce ‘electronic reporting’ by the head to residents and expand his or her capabilities in the field of ‘municipal diplomacy’ is also argued.

Conclusion. It is concluded that it is critically important to create effective mechanisms for resolving disputes between the head and the council through direct consultations with community residents.

MODERNISING THE LEGAL FRAMEWORK FOR THE CROSS-BORDER SALE OF GOODS IN THE EU: A COMPARATIVE ANALYSIS OF DIRECTIVES 1999/44/EC AND 2019/771

Kyrylo Voronov — Sat, 30 May 2026 00:00:00 +0000

Introduction. The cross-border sale of goods within the European Union has long been subject to the minimum harmonisation framework established by Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees. For over two decades, this instrument served as the foundational reference for EU consumer sales law; however, its minimum harmonisation approach generated regulatory fragmentation, legal uncertainty, and an inadequate response to the emergence of goods with embedded digital elements.

Summary of the main results of the study. This article undertakes a comparative legal analysis of Directive 1999/44/EC and its successor, Directive (EU) 2019/771, which became fully applicable on 1 January 2022. The analysis identifies the principal structural and substantive differences between the two instruments, focusing on the shift from minimum to targeted full harmonisation, the introduction of an explicit dual conformity standard combining subjective and objective elements, the codification of a durability criterion, the extension of the reversed burden of proof from six months to one year, and the novel treatment of goods with digital elements. The article examines the significant body of Court of Justice of the European Union (CJEU) case law interpreting Directive 1999/44/EC -including the landmark judgments in Quelle AG, Weber and Putz, Duarte Hueros and Faber -and traces the influence of these decisions on the legislative drafting of Directive 2019/771. The cross-border implications of the reform are assessed, with particular attention to the reduction of compliance costs for traders operating across Member States, the strengthening of consumer rights in distance and online sales, and the interface between Directive 2019/771 and Directive (EU) 2019/770 on contracts for the supply of digital content and digital services.

Conclusion. The article concludes that Directive 2019/771 represents a substantive improvement over its predecessor and a significant step towards the creation of a genuine digital internal market. However, the retained Member State options, the complexity of regulating goods with digital elements, and the unresolved interface with the platform economy continue to pose challenges that will require further legislative and judicial clarification.

FEATURES OF THE PLEDGE OF FUTURE THINGS IN ROMAN LAW

Anton Guzhva — Sat, 30 May 2026 00:00:00 +0000

The article, based on the analysis of sources, examines the features of the pledge of future things in Roman law. The issues of the range of objects that can be the subject of such a pledge are clarified, the moment of the occurrence of a pledge on future things, the legal nature of the agreement on the establishment of a pledge on future things, the protection of the parties in the event of a violation of the terms of the pledge by the debtor or creditor, etc.

Roman law is known for the pledge of such things that do not exist in nature at the time of the conclusion of the pledge agreement. Such things included the future harvest, the future offspring of animals, the future child of a slave. The possibility of establishing a pledge on such things is due to the appearance in Roman law of a non-possessory pledge, that is, one that did not provide for the transfer of ownership of the pledged object to the creditor (pignus conventum, or “hypotheca”).

Cases of establishing a pledge on future fruits together with the fruit-bearing thing and separately are distinguished in the sources , that is, only on future fruits. In classical Roman law, a separate agreement had to be concluded to extend the pledge to the fruits. In the case of establishing a general mortgage (on all the debtor's property), a separate clause on the extension of the pledge to future fruits from the property was not required.

The obligatory pledge relationship arose from the moment of concluding the pledge agreement, when the fruits were not yet independent objects, that is, they were not separated from the main thing (fructus pendentes). The real right of pledge arose from the moment of separation of the fruits from the main thing (fructus separati). Therefore, an agreement on the pledge of future things in Roman law can be considered to be a transaction with a suspensive condition, which gave rise to the pledge as a right to the thing from the moment the fruits appeared in the debtor's property, that is, with effect on the future (ex tunc).

The experience of Roman law regarding the features of the pledge of future things can and should be taken into account when building the modern concept of the pledge of future assets in the civil law of Ukraine.

PROTECTION OF A PERSON'S REPRODUCTIVE RIGHTS IN CRYOPRESERVATION CONTRACTS: JUDICIAL PRACTICE

Yaroslava Meniv, Kristina Zubko — Sat, 30 May 2026 00:00:00 +0000

The development of assisted reproductive technologies (hereinafter referred to as ART) in Ukraine and the growing practice of embryo cryopreservation have revealed significant gaps in current legislation. The absence of clear provisions in the Civil Code and the Family Code regarding the legal status of biological material and the possibility of its posthumous inheritance creates conditions for complex judicial disputes. The issue becomes particularly acute in the context of protecting individual reproductive autonomy and addressing ethical challenges related to the posthumous use of genetic material. This study provides a comprehensive analysis of scholarly sources, regulatory acts, and judicial practice to identify key legal conflicts.

Summary of the main research findings. The article analyzes judicial practice from 2024–2025 concerning the disposal of cryopreserved embryos (cases No. 203/4924/23 and No. 758/7618/24). The legal nature of the in vitro embryo is examined, and the erroneous application of property law regimes to it is substantiated. Conflicts between the imperative provisions of the Order of the Ministry of Health of Ukraine No. 787 and an individual’s right to reproductive choice guaranteed by Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms are highlighted. The study establishes the impossibility of lawful enforcement of court decisions ordering the transfer of embryos to third parties (the parents of the deceased) due to non-compliance with the requirements of Article 123 of the Family Code of Ukraine. The risks of criminal liability for medical personnel under Article 149 of the Criminal Code of Ukraine are revealed in cases where surrogacy procedures are carried out outside the legally established framework. The necessity of introducing a “biological will” and a centralized registry of reproductive material is substantiated.

Conclusion. Thus, a cryopreserved embryo is defined as a special non-property object; the right to dispose of it is inextricably linked to the individual and cannot be subject to inheritance. It is proven that overcoming existing legal conflicts requires the adoption of a specialized Law “On Assisted Reproductive Technologies,” which would establish the priority of the donor’s lifetime expression of will, unify cryopreservation agreements, and expressly prohibit the use of surrogacy by extended family members, thereby ensuring the protection of the rights of the living female donor and the future child.

ORIGINS AND DIGITALISATION OF CORPORATE LAW IN UKRAINE

Shadi Saad — Sat, 30 May 2026 00:00:00 +0000

Introduction. This article examines the historical-legal, institutional, and economic-technological backgrounds to the development of corporate law in Ukraine and outlines the key directions of its digitalisation. The study applies an interdisciplinary methodology (historical-legal, comparative, economic-legal, institutional, and empirical approaches). It traces the evolution from a post-Soviet model of formal incorporation to a contemporary corporate governance ecosystem in which digital instruments (electronic identification, remote general meetings, dematerialised securities, electronic document management, XBRL reporting, etc.) serve not only as tools for process optimisation but also as drivers reshaping legal constructs themselves. It is argued that the effectiveness of digitalisation depends on maintaining a proper balance between private autonomy and the public interest, as well as on consistency with EU legal regulation in the fields of corporate governance and capital markets.

Summary of the main findings. The study develops a coherent, integrated perspective on the development of Ukrainian corporate law, combining historical-legal and institutional prerequisites with an analysis of contemporary technology-driven changes in corporate governance. The research demonstrates that the evolution of corporate law in Ukraine has proceeded through a gradual accumulation of normative and institutional “infrastructure” onto which digital solutions are subsequently superimposed. A four-stage periodisation of the development of corporate law in Ukraine is substantiated: early transformation (1991-2003), institutional consolidation (2003-2014), the European-integration turn (2014-2020), and the digitalisation stage (2020-present). The impact of each stage on the prospects for further digitalisation of Ukrainian corporate law is shown. It is emphasised that the development of corporate law and its digitalisation should take place with due regard to Ukraine’s capacity to be integrated into the EU market.

Conclusion. The further digital transformation of Ukrainian corporate law should proceed through aligning substantive rules with procedural standards and preserving compatibility with European approaches to company law and capital markets, since procedures and data are becoming the principal carriers of digitalisation. The doctrinal “knot” at the present stage lies in the conjunction of two vectors: European-integration compatibility and the transformation of the core concepts of corporate law under the influence of the information society. The second vector is decisive, as it changes not only the instruments employed but also the logic of the corporate process.

DIGITALIZATION OF TAX ADMINISTRATION AS A TOOL FOR PREVENTING CORRUPTION

Volodymyr Kapustnyk, Oleksandr Kryvenko, Anzhela Stashchak — Sat, 30 May 2026 00:00:00 +0000

Introduction. In the context of Ukraine’s European integration, the transformation of public administration, and the need to ensure stable budget revenues under martial law, the issue of effective tax administration acquires not only fiscal but also strategic significance. Traditionally, the tax sphere has been considered one of the most vulnerable to corruption risks due to the high level of discretionary powers exercised by supervisory authorities, the complexity of administrative procedures, the substantial volume of regulatory requirements, and the direct interaction between officials and taxpayers. Corruption within tax authorities not only reduces state budget revenues but also distorts the competitive environment, creates unequal conditions for economic activity, undermines trust in public institutions, and diminishes the overall investment attractiveness of the state. In this context, digitalisation should be understood not merely as technical modernisation or the introduction of electronic services, but as a comprehensive institutional mechanism aimed at economic de-shadowing, enhancing transparency in administration, and preventing abuses in the field of taxation.

Summary of the main research findings. The article provides a comprehensive legal analysis of the digitalisation of tax administration as an instrument for preventing corruption. It examines national legislation, strategic anti-corruption policy documents, and the practical aspects of the functioning of electronic services, including the taxpayer’s Electronic Cabinet and automated tax invoice monitoring systems. Particular attention is paid to international experience in EU countries and within the OECD, including models of “compliance by design”, electronic audit, e-invoicing, and the use of big data analytics systems. It is substantiated that digitalisation contributes to the depersonalisation of control and the minimisation of corruption risks. At the same time, it is established that digital transformation is accompanied by new challenges, including algorithmic discretion, cybersecurity risks, errors in automated decision-making, and unequal access to digital services.

Conclusions. The digitalisation of tax administration represents a key direction in the development of Ukraine’s legal system and an important element of the state’s anti-corruption policy. It ensures the reduction of the human factor, enhances transparency, and improves the efficiency of tax administration. At the same time, the effectiveness of digital instruments depends on comprehensive legal regulation, the provision of cybersecurity, the transparency of algorithms, and the safeguarding of taxpayers’ rights. Thus, digitalisation functions not only as a technical tool but also as a systemic legal instrument for the transformation of tax relations.

ISSUES OF LEGAL REGULATION OF TAX AGENT DUTIES PERFORMANCE BY A DIIA CITY RESIDENT IN CASE OF LOSS OF STATUS

Nataliia Kovalko, Dmytro Sukhorabskyi — Sat, 30 May 2026 00:00:00 +0000

Introduction. This scientific article provides a comprehensive inquiry into the operational facets of the Diia City legal regime, which serves as a cornerstone for the extensive digital transformation of the national economic framework and the establishment of an advantageous climate for the advancement of the information technology sector. The primary focus of this study is centered on the critical analysis of the tax agent institute, whose functioning within the aforementioned special legal regime is characterized by a series of substantial theoretical and practical contradictions that necessitate rigorous scholarly reflection. The fundamental objective of this research is to conduct a multidimensional analysis of the specificities surrounding the performance of tax agent duties by a Diia City resident during the taxation of specialists' income, to identify legal collisions arising when a subject loses the respective status, and to formulate scientifically grounded recommendations for the refinement of tax legislation to ensure strict adherence to the principle of legal certainty. To achieve this defined objective, the following tasks were addressed: exploring the legal nature of a Diia City resident as a subject of tax legal relations; analyzing the procedural and temporal dimensions of challenging the decisions of the authorized body through both judicial and administrative appeal procedures; evaluating potential financial risks for business entities; and justifying the necessity of legislative amendments. The methodological framework of this investigation is composed of general scientific and specialized methods of cognition, with a primary emphasis on the dialectical approach, formal-legal analysis, and the method of systematic investigation of legal norms, which collectively enabled an objective assessment of the current state of regulatory oversight and the identification of systemic gaps within the effective legislation of Ukraine.

Summary of the main research results. As a result of the systematic analysis, it has been established that a Diia City resident is endowed with a highly specific legal status as a tax agent regarding the income disbursed to specialists. The scientific novelty of this work lies in the conceptualization and substantiation of the phenomenon of the deformation of the tax agent's legal status, which emerges due to the introduction of atypical obligatory constructs within the Tax Code of Ukraine. It is demonstrated that the legislative requirement mandating a resident to independently calculate and remit personal income tax at a rate of eighteen percent using its own funds in the event of loss of status following a judicial appeal is fundamentally inconsistent with the core tenets of tax law doctrine. According to the universally recognized principles of legal science, a tax agent must function exclusively as an intermediary, fulfilling tax obligations at the expense of the taxpayer’s funds rather than at the expense of the agent's own assets. Furthermore, it was found that the absence of a clearly regulated procedure for performing a tax recalculation at the eighteen percent rate for the duration during which the Diia City resident actually applied the preferential rate of five percent during the judicial appeal process creates significant risks of double taxation regarding specialists' income. Additionally, the study identifies a lack of coordination between the legal consequences of different appeal procedures, which constitutes a direct violation of the principle of equality of taxpayers. The practical significance of the findings lies in the identification of specific normative collisions within sub-item 170.14-1.4 of item 170.14-1 of article 170 of the Tax Code of Ukraine and the development of applied proposals for their elimination. The theoretical value of the study is driven by the further development of scientific approaches toward defining the boundaries of legal liability and the scope of obligations for tax agents within special legal regimes.

Conclusions. Based on the results of the research, it is concluded that the current version of tax legislation governing the activities of Diia City residents requires immediate adjustment to bring it into full compliance with the principles of legal certainty and the equality of all taxpayers before the law. The findings indicate a significant deviation from the principle of taxpayer equality regarding Diia City residents who challenge decisions on the loss of status through judicial procedures compared to those subjects who opt for the administrative appeal procedure. It is proven that the removal of the provision requiring the payment of tax at the tax agent's own expense is a vital step toward ensuring the stability of the investment environment and protecting the legitimate rights of the participants within the digital economy of Ukraine.

PLAGIARISM IN DISSERTATION RESEARCH: ADMINISTRATIVE-LEGAL MECHANISMS FOR PREVENTION AND LIABILITY

Alla Smulska, Irina Pakhomova — Sat, 30 May 2026 00:00:00 +0000

The article emphasizes that the modern development of the higher education and science system is characterized by increased requirements for the quality of scientific research, openness of scientific results and ensuring academic integrity. It is indicated that one of the key challenges of the above reforms remains the problem of academic plagiarism in dissertation research. It is noted that the problem becomes particularly urgent due to the fact that the modern development of digital technologies simultaneously simplifies both the process of illegal use of other people's scientific results and the possibility of their detection using specialized information systems. It is noted that the administrative and legal aspect of the functioning of the system for preventing academic plagiarism in the field of certification of scientific personnel remains insufficiently developed. It is indicated that the purpose of the article is a comprehensive study of the administrative and legal mechanisms for preventing academic plagiarism in dissertation research, determining their structural elements and identifying problems of law enforcement. It is argued that the formation of an effective system for preventing academic plagiarism is impossible without a proper definition of its legal nature. The legislation of Ukraine that touches on the issue of plagiarism is presented. It is noted that preventing academic plagiarism in modern conditions is one of the key directions of state policy in the field of ensuring the quality of education and science. The structure of the administrative and legal mechanism for preventing academic plagiarism is revealed, which includes interrelated elements, each of which performs an independent function in the process of public administration. It is emphasized that the implementation of the administrative and legal mechanism for preventing academic plagiarism largely depends on a clear division of competence between the subjects of public administration, among which the MES and the NAZYAVO occupy a key place. The role of higher education institutions and (one-time) specialized academic councils is outlined, which ensure the direct implementation of the procedures for checking academic texts and making decisions on awarding academic degrees. It is indicated that it is the procedural component that is decisive for guaranteeing the objectivity of decisions, respecting the rights of degree holders and ensuring the legitimacy of administrative acts in the field of higher education. It is noted that the legal consequences of establishing academic plagiarism are multi-level and depend on the stage at which the violation was detected. Attention is focused on the fact that, in view of the above, it is advisable to improve the administrative and legal mechanism in the following ways: unification of procedures for checking dissertation research; legislative consolidation of uniform criteria for academic plagiarism; strengthening procedural guarantees for participants in the proceedings; clear delimitation of powers between public administration entities in this area.

IMPLEMENTATION OF THE PRINCIPLES OF GOOD GOVERNANCE IN THE ACTIVITIES OF PUBLIC AUTHORITIES AS A FOUNDATION FOR CORRUPTION PREVENTION

Tetyana Khabarova — Sat, 30 May 2026 00:00:00 +0000

Introduction. Corruption is a complex socio-legal phenomenon that has a destructive impact on social relations, hinders the building of public trust in the government, divides society, and impedes the exercise of rights, freedoms, and legitimate interests.

Summary of the main results of the study. This article examines corruption as one of the key problems facing the state, which has a destructive impact on the effectiveness of public authorities and the protection of human rights and freedoms. It analyzes scholarly approaches to understanding the concept of good governance and explores its essence as a system of principles aimed at ensuring accountability, transparency, efficiency, and integrity in public administration. The close interconnection between good governance and corruption prevention is noted, manifested in the ability of relevant principles to minimize corruption risks. Special attention is given to the characteristics of good governance principles that have a direct impact on reducing corruption levels, including the principles of the rule of law, transparency and openness, accountability, public participation, efficiency, and integrity. It is determined that their implementation contributes to the development of public authorities’ actual capacity for responsible and society-oriented activities.

Conclusion. It was concluded that the implementation of good governance principles in the activities of public authorities is essential as an effective tool for preventing corruption and ensuring the sustainable development of the state.

ETHICAL AND PROCEDURAL ASPECTS OF DEFENSE ATTORNEY ACTIVITIES IN CASES INVOLVING PRISONERS OF WAR AMIDST ARMED AGGRESSION

Hlib Rybalko — Sat, 30 May 2026 00:00:00 +0000

Introduction. The article provides a comprehensive study of the legal status of defense attorneys and the deontological boundaries of their professional activities when representing prisoners of war (POWs) from the aggressor state during full-scale armed aggression. The relevance of this topic is driven by the unprecedented challenges facing the Ukrainian justice system, where the necessity of upholding international obligations under international humanitarian law and human rights standards meets a profound public demand for retribution. The role of the defense attorney in such proceedings is examined not merely as a procedural function but as a safeguard against the degradation of justice into "victor's justice."

Summary of the research results. The study analyzes in detail the provisions of Article 13 of the Third Geneva Convention, which mandates humane treatment and protection of prisoners from "public curiosity," defining the lawyer's role in ensuring these guarantees. Particular attention is paid to the complex ethical dilemmas faced by attorneys, including intense media and social pressure, internal conflicts of interest, and the risk of unlawful identification of the lawyer with the combatant client. Through the lens of European Court of Human Rights (ECHR) case law, specifically the cases of Artico v. Italy, Salduz v. Turkey, and Hassan v. the United Kingdom, the article reveals the criteria for "effective" legal assistance during martial law. The research methodology includes a comparative analysis of NATO military justice models, specifically the functioning of the US JAG Corps and the UK experience in integrating civilian practitioners into the military court service.

Conclusions. It is argued that the institutional independence of the legal profession and strict adherence to deontological standards are essential for the international legitimacy of Ukrainian court verdicts. The author substantiates the need to implement a narrow specialization and a system of voluntary certification for lawyers in the fields of military law and international humanitarian law (IHL) in Ukraine. Such specialization will enhance the quality of defense in war crimes cases and ensure that national legal practices align with Euro-Atlantic integration standards.

CYBERCRIME: CRIMINAL LAW CHARACTERISTICS AND COUNTERMEASURES

Nataliia Puzyrna, Vladyslav Padalka — Sat, 30 May 2026 00:00:00 +0000

Introduction. The article examines cybercrime as one of the most dynamic and transnational threats of the modern digital society. The relevance of the topic is обусловлена the rapid digitalization of social relations, the growing number of criminal offenses committed in cyberspace, and the need to improve criminal law mechanisms for combating such acts, particularly under martial law conditions. The purpose of the study is to conduct a comprehensive criminal law analysis of cybercrime, identify gaps in current legislation, and develop proposals to enhance counteraction mechanisms. The research is based on general scientific and special legal methods, including formal-logical, systemic-structural, comparative-legal analysis, and the study of regulatory sources.

Summary of the main results of the study. The paper analyzes the provisions of the Convention on Cybercrime (2001), Chapter XVI of the Criminal Code of Ukraine, and the Law of Ukraine «On the Basic Principles of Ensuring Cybersecurity of Ukraine». The elements of criminal offenses in the field of information technology are characterized, and problematic aspects of their legal qualification and practical application are identified. The necessity of legislative improvement in accordance with contemporary technological challenges and international standards is substantiated. An innovative concept of «cyber immunity» is proposed, including the mechanisms of «cyber vaccination», «cyber leukocytes», and «cyber memory» as preventive tools against cyber threats.

Conclusion. The conclusions emphasize that effective counteraction to cybercrime requires a comprehensive approach combining legislative modernization, technological development, increased public cyber awareness, and active international cooperation. The proposed approaches may serve as a foundation for further academic research and practical reforms in the field of cybersecurity.

ILLEGAL USE OF THE EMBLEMS OF THE RED CROSS, RED CRESCENT AND RED CRYSTAL: CRIMINOLOGICAL ASPECT

Natela Shevchenko — Sat, 30 May 2026 00:00:00 +0000

Introduction. The illegal use of the emblems of the Red Cross, Red Crescent and Red Crystal constitutes a type of criminal offence against peace, security of mankind and international legal order and is directly related to compliance with the norms of international humanitarian law. Such acts undermine trust in the neutral humanitarian status of the International Red Cross and Red Crescent Movement, create a threat to the safety of its personnel and may even endanger beneficiaries of assistance, especially in situations of armed conflict. The relevance of the study is conditioned by the ongoing armed conflict on the territory of Ukraine, the growing role of international humanitarian law and the need to protect the emblems enjoying special protection.

Summary. The article describes the structure of the International Red Cross and Red Crescent Movement and examines the legal status of its emblems and logos. The 1949 Geneva Conventions and their Additional Protocols, as well as national legal acts (in particular, the Law of Ukraine “On the Emblems of the Red Cross, Red Crescent, Red Crystal in Ukraine” and the Law of Ukraine “On the Ukrainian Red Cross Society”) are analysed. The importance of taking into account the role of the Movement’s internal acts that detail the rules for the use of the emblems is also emphasised. The article reveals the content of Article 445 of the Criminal Code of Ukraine, characterises its blanket nature and its correlation with related provisions, in particular Articles 435 and 438 of the Criminal Code of Ukraine. On the basis of statistical data, attention is drawn to the low number of recorded criminal offences under Article 445 of the Criminal Code of Ukraine and a conclusion is made about the high level of latency of such acts. The main determinants of the illegal use of the emblems are identified. As a result, a number of preventive measures are proposed that may be implemented in order to prevent such criminal offences.

Conclusions. The criminalisation of the illegal use of the emblems of the Red Cross, Red Crescent and Red Crystal is a necessary condition for their protection. Effective prevention of such acts requires a comprehensive approach encompassing a set of measures.

CAUSING HARM UNDER CIRCUMSTANCES THAT EXCLUDE THE CRIMINAL ILLEGALITY OF THE ACT: ISSUES OF A SECTOR-SPECIFIC NATURE AND LEGAL CONSEQUENCES

Vadym Kharchenko, Oleksandr Zhytnyi — Sat, 30 May 2026 00:00:00 +0000

Introduction. Section VIII of the General Part of the Criminal Code of Ukraine contains the characteristics of criminally lawful infliction of harm. In the event of such conduct, a decision must be made to terminate criminal prosecution due to the absence of the elements of a criminal offense. At the same time, the result of such conduct (namely, the nature and types of harm caused to a person or legally protected interests in the presence of circumstances regulated by the aforementioned section), as well as the full range of legal consequences, are not directly defined by law.

Summary of the main findings of the study. To explain the deep sociocultural nature of the right to cause harm to legally protected interests under circumstances that exclude the criminal unlawfulness of an act, it is worth considering the positions of social naturalism, according to which such conduct constitutes a just response to manifestations of arbitrariness and delusion. The uniqueness of the institution of circumstances that exclude the criminal unlawfulness of an act lies in the fact that it recognizes as lawful the conduct of a person who causes substantial harm to objects protected by criminal law. This is sufficient for the criminal-law assessment of the fact of causing harm. It is reasonably considered that such conduct does not constitute grounds for criminal liability and therefore excludes it. The act is recognized as factually harmful (but not socially dangerous) and, at the same time, not criminally unlawful. The infliction of harm under circumstances that exclude the criminal unlawfulness of the act is subject to assessment through the lens of other branches of law (in particular, civil law). The absence of criminal liability does not preclude the application of other forms of legal liability for the infliction of harm. At the same time, in any case, the object of the harm caused must be assessed specifically as a “legally protected interest,” which should be done with due regard to the legal positions of the Constitutional Court of Ukraine. The reference to the infliction of harm to legally protected interests, as used in the provisions of Section VIII of the General Part of the Criminal Code of Ukraine, essentially reflects the facts of changes (reduction, loss) in specific tangible and/or intangible benefits, that is, in the infliction of physical, property, or moral (non-property) harm.

Conclusion. The infliction of harm to legally protected interests as a characteristic of a person’s conduct in the presence of circumstances that exclude the criminal unlawfulness of the act reflects the actual changes (reduction, loss) of specific material and/or non-material benefits, that is, in the infliction of physical, property damage, or moral (non-property) damage in an amount exceeding de minimis, i.e., in a substantial manner. From the perspective of criminological justification, such behavior satisfies individual and collective needs, while from the perspective of formal criminal law assessment, it excludes criminal unlawfulness and criminal liability. However, the identical legal fact of causing harm to protected interests gives rise to different legal consequences in various branches of national law. A systematic analysis shows that causing harm to an aggressor (which is necessary and sufficient in the given situation to immediately avert or stop the attack, committed with the aim of protecting the legally protected rights and interests of the person being defended or another person, as well as public interests and the interests of the state) constitutes lawful infliction of harm in both criminal and civil law contexts. At the same time, in the event of exceeding the limits of necessary defense, putative defense, or any other circumstance provided for in Section VIII of the General Part of the Criminal Code of Ukraine, the infliction of harm to legally protected interests (in fact – causing property damage (losses), moral (non-property) harm) is subject to compensation by the person who caused it. Under such approaches, the harm caused to legally protected interests cannot be recognized as lawful, but it is merely such that it excludes the grounds for criminal liability, i.e., it is exclusively criminally lawful (not criminally unlawful), yet it gives rise to other legal consequences unfavorable to a socially active individual, which significantly reduces the incentive, preventive, and regulatory effect of the institution of circumstances that exclude the criminal unlawfulness of an act.

COVERT INVESTIGATIVE (SEARCH) ACTIONS UNDER MARTIAL LAW: PECULIARITIES OF APPLYING ARTICLE 615 OF THE CRIMINAL PROCEDURE CODE OF UKRAINE

Vitalii Romanov — Sat, 30 May 2026 00:00:00 +0000

Introduction. The article is devoted to the study of the peculiarities of covert investigative (search) actions under martial law with a focus on the application of Article 615 of the Criminal Procedure Code of Ukraine. The relevance of the topic is determined by the fact that, as a result of the full-scale armed aggression against Ukraine, criminal proceedings are carried out under conditions of limited access to state registers, changed territorial jurisdiction, disrupted functioning of courts, increased risks of losing criminal case materials, and the need for prompt documentation of crimes against national security, war crimes, collaboration activities, desertion and other criminal offences. The purpose of the article is to comprehensively study the peculiarities of covert investigative (search) actions under martial law with an emphasis on the application of Article 615 of the Criminal Procedure Code of Ukraine, while the methodological basis includes formal-legal, systemic-structural, logical-normative and comparative-legal methods.

Summary of the main research results. It is substantiated that the legal regulation of covert investigative actions during this period cannot be analysed only through the general provisions of Chapter 21 of the Criminal Procedure Code of Ukraine, since the decisive role belongs to the special procedural regime established by Article 615 of the Code. This provision determines the limits of permissible deviation from the standard procedural form in cases of objective impossibility to follow it. The article analyses the influence of Article 615 of the Criminal Procedure Code of Ukraine on authorisation of procedural actions, judicial control, procedural recording of results, participation of defence counsel, admissibility of evidence, electronic storage of materials and the possibility of restoring them in accordance with Article 615-1 of the Code. Special attention is paid to the significance of the Constitutional Court of Ukraine Decision of 18 July 2024 No. 8-r(II)/2024 in defining the limits of procedural simplification under martial law.

Conclusions. It is concluded that the effective use of covert investigative (search) actions in wartime is possible only if operational efficiency of criminal prosecution is combined with the observance of fundamental human rights, primarily the right to judicial control, the right to liberty and security, and the right to respect for private life.

TEMPORAL JURISDICTION (RATIONE TEMPORIS) OF THE SPECIAL TRIBUNAL FOR THE CRIME OF AGGRESSION AGAINST UKRAINE

Yasin Dere — Sat, 30 May 2026 00:00:00 +0000

Introduction. This article conducts a comprehensive scientific study and formulates an original legal position regarding one of the most complex issues of modern international criminal law — the determination of the temporal jurisdiction (ratione temporis) of the Special Tribunal for the crime of aggression against Ukraine. The relevance of the topic is conditioned by the absence of a corresponding legal norm in the Statute defining the moment from which the Tribunal may commence investigations. The primary legal dilemma lies in the discrepancy between the politico-legal assessments of the events of 2014 and 2022.

Summary of the main results of the study. The author analyzes the conflict between the UN General Assembly Resolutions adopted after the full-scale invasion, where the fact of aggression was directly recognized, and the more restrained international acts from the period of the beginning of the occupation of Crimea and certain areas of the Donetsk and Luhansk regions. Within the framework of the study, a thorough analysis of the nature of the crime of aggression as a "leadership" and "continuing" offense of a systemic nature is conducted. Particular attention is paid to the interaction between the national jurisdiction of Ukraine and international legal jurisdiction within the hierarchy of applicable law in accordance with Article 3 of the Statute of the Tribunal. The procedural aspect of the application of the compétence de la compétence principle, which allows an international judicial body to independently determine the limits of its powers, is examined.

Сonclusion. The author scientifically substantiates that, to ensure the principle of the inevitability of punishment, the temporal jurisdiction of the Tribunal must be retrospective and cover events starting from February 2014. It is proved that limiting jurisdiction only to 2022 would create a dangerous precedent of selective justice. The article concludes that judicial discretion will play a decisive role in establishing temporal boundaries, allowing for a balance between the requirements of the nullum crimen sine lege principle and the necessity of holding the high-level political and military leadership of the Russian Federation accountable for committing the most serious international crime.

LEGAL AND METHODOLOGICAL FOUNDATIONS FOR THE IMPLEMENTATION OF EUROPEAN IOCTA STANDARDS IN THE DIGITAL SECURITY SYSTEM OF UKRAINE: A HUMANITARIAN ASPECT

Oleksandr Korystin, Serhii Demedyuk — Sat, 30 May 2026 00:00:00 +0000

Introduction. The article provides a comprehensive theoretical and legal analysis of the implementation of the European methodology for the Internet Organised Crime Threat Assessment (IOCTA) into the national digital security system. The relevance of the study is driven by the necessity to transform techno-centric approaches to cybersecurity under martial law and transition toward an anthropocentric model for protecting citizens' constitutional rights. The problem statement identifies the risks of "institutional isomorphism" and the phenomenon of "decoupling" in the formal adoption of Western models without proper recontextualization. The methodological framework of the study is based on the concepts of sociological institutionalism from the Stanford School, the system-structural method, and methods of predictive risk modeling. The aim of the article is to justify the humanitarian vector of digital security as a foundation for Ukraine's institutional resilience.

Summary of the main research results. It is proven that digital security in modern conditions is not merely a technical function but a critical humanitarian task aimed at protecting human dignity and freedom. The author conducts a critical analysis of previous experience with implementing the SOCTA methodology in Ukraine, which revealed a loss of proactive analytics and an inability to use results predictively due to a formalistic approach to standard adoption. The transition from "analytics of control" to "analytics of trust" is justified, where the key indicator is the strengthening of social resilience. The article details the regulations of the strategic analytical cycle, including continuous OSINT monitoring, expert validation through in-depth interviews, and comprehensive Foresight analysis across priority sectors. Particular attention is paid to the ethical component of the analytical process, where the analyst emerges as a communicator of strategic meanings and an ethical mediator. The creation of a "ukrainian school of analytics" is proposed to develop new institutional competencies for law enforcement agencies.

Conclusions. A new paradigm for digital security is formulated, based on predictive risk management and institutional capacity to adapt international standards to a specific sociolegal context. It is concluded that the success of IOCTA implementation depends on the analytical system's ability to detect "weak signals" of technological threats while subordinating them to the protection of human dignity and the strengthening of the democratic order. Building a culture of predictive analytics is identified as a key step toward overcoming systemic vulnerabilities and ensuring Ukraine's sustainable development in the era of global digitalization.

THE EVIDENTIARY ROLE OF HISTORICAL FACTS IN ESTABLISHING GENOCIDAL INTENT BY COURTS: A LEGAL ANALYSIS OF ICTR, ICTY, AND ICJ CASE-LAW

Yuliia Lavrovych — Sat, 30 May 2026 00:00:00 +0000

Introduction. Based on a comprehensive analysis of the case-law of the International Criminal Tribunal for Rwanda (ICTR), the International Criminal Tribunal for the former Yugoslavia (ICTY), and the International Court of Justice (ICJ), it has been established that the historical and socio-historical context of intergroup relations plays a significant, although subsidiary, role in proving the crime of genocide.

Summary of the main results of the study. The historical context enables the identification of the multidimensional prerequisites for the formation of genocidal ideology, which primarily includes the dehumanization of the targeted group and large-scale propaganda that manipulates and distorts historical narratives to mobilize hatred and legitimize violence. This strategy contributes to the creation of an ideological foundation upon which systemic political and social mechanisms are built, facilitating the commission of the crime of genocide. Historical examples, notably the Hutu genocide against the Tutsi in Rwanda, the ethnic war in Bosnia and Herzegovina, and the centuries-long imperial practices of the Russian Federation towards Ukraine, demonstrate that genocide is a prolonged process involving not only the physical killing of individuals but also the systematic enslavement and oppression of members of a particular group, including the destruction of culture and language. In the case of Russian-Ukrainian relations, a consistent policy aimed at the eradication of Ukrainian linguistic, cultural, and state identity has been documented, creating a compelling evidentiary basis for qualifying these actions as genocide. However, according to existing international practice and the Convention on the Prevention and Punishment of the Crime of Genocide, 1948, the socio-historical context is not considered independent evidence but serves as a contextual factor that reinforces other evidence, particularly concerning the existence of dolus specialis to destroy the group. The research findings underscore the necessity of methodological clarity in the use of historical facts in judicial proceedings, as well as the advisability of the international community revising the contemporary definition of genocide to include aspects such as cultural genocide and linguicide, in accordance with Rafael Lemkin’s concept. In our opinion, this would contribute to more effective proof and prevention of the crime of genocide in the future.

Conclusion. The socio-historical context of intergroup relations constitutes a formative element of genocidal policy but does not constitute independent evidence of the special intent required for the crime of genocide and must be accompanied by direct evidence. For full legal recognition of cultural genocide and linguicide, there is an urgent need to expand the conventional concept of "genocide" to encompass these two categories.

INTERNATIONAL STANDARDS AND FOREIGN EXPERIENCE IN THE LEGAL FRAMEWORK FOR CYBER RESILIENCE

Nataliia Svyrydiuk, Natalia Tsiyprik — Sat, 30 May 2026 00:00:00 +0000

Introduction. This article examines international standards and foreign experience in the legal framework for cyber resilience amid growing global digital threats. The relevance of the topic stems from the transformation of cyber resilience from a technical category into a strategic priority for national and international security, which is particularly important for Ukraine in the context of military challenges and hybrid aggression. The problem addressed in the article lies in the fragmentary nature and lack of a systematic scientific and legal synthesis of contemporary international models of cyber resilience, which complicates the formation of a coherent concept for its implementation into Ukraine’s national security policy in the context of growing hybrid and cyber threats. The aim of the article is to provide a comprehensive analysis of the approaches of leading international organisations and states to the development of cyber resilience systems and to identify opportunities for implementing relevant experience into Ukraine’s national legislation. The methodological framework comprises general scientific and specialised legal methods, in particular comparative legal, systemicstructural and formal-logical analysis.

Summary of the main findings of the study. This paper examines the conceptual foundations of cyber resilience within NATO’s activities, in particular its link to the principle of collective defence and the development of institutional capacity to respond to cyber threats. The regulatory framework of the European Union is analysed, including the CRA, NIS2 and DORA regulations, which form an integrated digital resilience system. Particular attention is paid to the American model, based on NIST standards and CISA, as well as the British approach, which combines strategic man-agement with human capital development. It is argued that an effective cyber resilience system is formed on the basis of a combination of legal regulation, technical standards and public-private partnerships. It is determined that the priority areas for Ukraine are the adaptation of European legislation, the implementation of international standards and the enhancement of the role of human capital.

Conclusion. It has been established that cyber resilience is evolving into a systemic property of socio-technical systems, combining legal, organisational, economic and technological components. The hybrid model, combining the regulatory rigour of the EU, the engineering standards of the US, the coordination mechanisms of NATO and the socio-technical flexibility of the UK, has been identified as the most effective. For Ukraine, the key areas for implementation are identified as harmonisation with European regulatory acts, the development of sectoral information exchange cen-tres, and the strengthening of human capital as a fundamental element of cyber resilience.