Actual problems of law
type: channel
publisher: WUNU
language: en
publication name: Actual problems of law
issn: 2524-0129
items: Domestic Violence in Ukraine: Legal, Social and Digital Dimensions of Counteraction
items: The role of prosodic characteristics of voice in forensic examinations of video and audio recordings
items: Combating Money Laundering in Ukraine: Evolution of the National System and Its Components
items: Application of artificial intelligence technologies in criminal proceedings: realities and prospects
items: Criteria for the application of the principle of reasonableness in contractual obligations under martial law in Ukraine
items: Prosecutor's participation in cases concerning the recovery of unjustified assets to the State: in search of a functional background
items: Features of legal protection of low-income families in Ukraine under martial law
items: Legal regulation of artificial intelligence application in anti-money laundering: analysis of international experience
items: Organizations of the executive authority in modern European countries
items: Peculiarities of Legal Regulation of the Status of an attorney in the EU Member States
items: Organizational and legal guarantees for protection of human rights in the context of the constitutional and legal policy of Ukraine
items: Agro-industrial complex as an object of administrative and legal regulation
items: Administrative and Legal Regulation of Business in the Field of Mine Action
items: The Unity of Judicial Practice in the Light of Existing Legal Mechanisms, European Standards and Modern Technologies
items: Administrative and legal regulation under martial law in Ukraine: challenges, risks, and directions for improvement
items: Legal nature of ECtHR practice
items: Police in the System of Law Enforcement Agencies of the Western Ukrainian People’s Republic
items: Baptism as a criterion for acquiring the procedural role of a petitioner in catholic courts
items: Logical paradoxes in law application: formal rationality vs principles of justice
items: Corruption as a source of funds for money laundering: legal mechanisms of counteraction
items: The Institute of State Gendarmerie in the System of Public Order Protection Bodies of the Western Ukrainian People’s Republic (November 1918 – June 1919)
items: Reforming the Administrative Justice Institution: European Experience and Ukrainian Realities
items: European Standards for the Protection of Obligatory Rights in the Practice of the ECtHR
items: The institute of attorney-client privilege (Polish experience)
items: Improvement of the mechanism of administrative liability for violations of military accounting: proposals for legislative changes
items: Cybersecurity in Ukraine: current challenges and ways to improve legislative regulation
items: Current challenges, threats and risks to national security as an object of NABU's activities
items: Mediation as a means of resolving conflicts in the educational environment
items: Form of state government as an element of the form of state: theoretical and legal research
items: Organisational and Legal Aspects of Providing Administrative Services

Domestic Violence in Ukraine: Legal, Social and Digital Dimensions of Counteraction
type: item
description: The article presents a comprehensive analysis of the challenges of countering domestic violence in modern Ukraine through the prism of martial law and the country’s ongoing digital transformations. It demonstrates that domestic violence is a multi-level and multidimensional phenomenon that integrates legal, social, and cultural components. The study establishes that effective counteraction to this phenomenon requires the integration of institutional mechanisms, educational practices, and digital technologies. The purpose of the article is to determine the essence and main directions of countering domestic violence, taking into account national and foreign experience, digital challenges, and the conditions of martial law. The objectives of the research include the analysis of the legislative framework, the generalization of scientific approaches, the identification of key risks, and the formulation of practical recommendations for state authorities and civil society institutions. The research methodology is based on a combination of comparative legal, formal legal, systemic, interpretative, and epistemological methods. The application of these methodological approaches made it possible not only to identify problematic aspects of current legislation and outline ways to strengthen coordination between state institutions and the civil sector but also to formulate new directions of state policy in the field of family legal relations. The results show that effective counteraction to domestic violence is possible only through the implementation of a comprehensive strategy that encompasses five key areas: (1) prevention of violence by military personnel and veterans; (2) active use of digital technologies for informing and assisting victims; (3) development of the family education system; (4) media awareness and public campaigns; and (5) the use of creative means as tools for influencing public consciousness. The article emphasizes the need to identify and develop these key…
subject: CRIMINAL LAW AND CRIMINOLOGY. THE PENAL LAW. CRIMINAL PROCEDURE AND CRIMINALISTICS. FORENSIC EXAMINATION. OPERATIONAL AC
  topic: section
subject: counteraction
  topic: keywords
subject: domestic violence
  topic: keywords
subject: digital technologies
  topic: keywords
subject: social policy
  topic: keywords
subject: gender-based violence
  topic: keywords
subject: family education
  topic: keywords
subject: martial law
  topic: keywords
subject: legal regulation
  topic: keywords
creator: Vladyslav Teremetskyi
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-10-31
publication date: 2025-10-31
starting page: 148
ending page: 156
doi: 10.35774/app2025.03.148

The role of prosodic characteristics of voice in forensic examinations of video and audio recordings
type: item
description: The relevance of the article is determined by the need to discuss the role of prosodic characteristics of voice in the process of forensic examination of voice and speech in video and audio recordings. The article aims to describe the system of prosodic parameters of voice and speech and define the role of prosodic characteristics in the examination of video and audio recordings. The methodological basis of the study consists of a system of generally accepted and specialized methods and approaches. Both general scientific methods (analysis, synthesis, induction, deduction, comparison, generalization, etc.) and linguistic methodology (systemic-structural and cognitive-discursive approaches) were used. The research results emphasize that the system of prosodic characteristics requires the expert to be knowledgeable about the peculiarities of sound articulation, psychophysiological processes of speech formation, and linguistic phenomena of language. It is established that the prosodic parameters of voice and speech are studied within the framework of video and audio recording examination using technical and linguistic methods. Prosodic characteristics add a significant supplement to the process of voice and speech identification, as they express the characteristics of the speaker's individual style, the peculiarities of their pronunciation, the algorithms of speech construction, etc. It has been established that prosody plays an important role in the communicative act, serving as an indicator of speech intentions, emotional moods, and semantic potentials. The system of prosodic parameters of oral speech specifies the logical and semantic unity of utterances and contributes to the reproduction of communicative situations. Prosody expresses a range of rhythmic and intonational features of spoken language, complements nonverbal communication, and facilitates the speaker's identification processes. Identification procedures for verifying the speaker using technical and lin…
subject: CRIMINAL LAW AND CRIMINOLOGY. THE PENAL LAW. CRIMINAL PROCEDURE AND CRIMINALISTICS. FORENSIC EXAMINATION. OPERATIONAL AC
  topic: section
subject: prosody
  topic: keywords
subject: prosodic characteristics
  topic: keywords
subject: voice
  topic: keywords
subject: speech
  topic: keywords
subject: communicative act
  topic: keywords
creator: Anna Chernysh
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-10-31
publication date: 2025-10-31
starting page: 142
ending page: 147
doi: 10.35774/app2025.03.142

Combating Money Laundering in Ukraine: Evolution of the National System and Its Components
type: item
description: Combating money laundering, understood as a countermeasure to the attempts of offenders to conceal the illicit origin of proceeds and integrate them into the legal economy and financial system, has become one of the central priorities of national policy in the majority of states worldwide. The subject of the present study is the national system for combating money laundering in Ukraine (hereinafter – the AML system), with particular emphasis on its formation, development, and defining features. The analysis centres on the preconditions prevailing at the initial stage of the AML system’s establishment, the phases of its institutional and regulatory evolution, the development and consolidation of both criminal law and preventive mechanisms, as well as an assessment of their functioning. The research identifies the principal drivers of the AML system’s transformation and development: international legal commitments, external political and economic pressures, institutional reforms, European integration processes, and internal socio-economic challenges. Methodologically, the study relies on an integrated approach that combines regulatory, institutional, and statistical analysis of the AML system through the prism of criminal law and preventive legal mechanisms. The domains of countering terrorist financing and the proliferation of weapons of mass destruction are deliberately excluded – not due to their secondary importance, but in order to maintain analytical focus on the central subject, AML. This delimitation ensures conceptual clarity while leaving scope for future research in adjacent areas. Since the FATF Recommendations establish international standards for states and stipulate their implementation in criminal law, AML regulatory frameworks, supervisory mechanisms for financial and non-financial sectors, and provisions on international cooperation [1, p. xviii], the national AML system is examined within this multidimensional methodological framework. The study sum…
subject: CRIMINAL LAW AND CRIMINOLOGY. THE PENAL LAW. CRIMINAL PROCEDURE AND CRIMINALISTICS. FORENSIC EXAMINATION. OPERATIONAL AC
  topic: section
subject: money laundering (ML)
  topic: keywords
subject: anti-money laundering (AML)
  topic: keywords
subject: national AML system
  topic: keywords
subject: criminal law mechanisms of AML
  topic: keywords
subject: preventive mechanisms of AML
  topic: keywords
subject: information subsystem of AML
  topic: keywords
creator: Volodymyr Litkevych
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-10-31
publication date: 2025-10-31
starting page: 123
ending page: 141
doi: 10.35774/app2025.03.123

Application of artificial intelligence technologies in criminal proceedings: realities and prospects
type: item
description: The article analyses certain problems that arise in the process of applying artificial intelligence technologies in criminal proceedings. It is stated that different states are at different stages of integrating artificial intelligence technologies into criminal proceedings. The example of China is given as an absolute leader in this process, which has introduced a system of «smart courts» (Smart Court SoS). At the same time, a much more cautious approach of European states is demonstrated, it focused primarily on compliance with the principles of the rule of law, non-discrimination, independence and impartiality of the judiciary, the right to a fair trial, the right to privacy and protection of personal data, the right to freedom of expression, etc. It is concluded that the integration of AI technologies into criminal proceedings can potentially improve the quality, efficiency and effectiveness of judicial proceedings, but provided that a number of risks of a technical, legal and ethical nature are eliminated. One of the unresolved problems today remains the ability of artificial intelligence systems to create fake legal facts or norms that look plausible (so-called «legal hallucinations»). At the same time, significant potential for the use of AI technologies exists at the stage of pre-trial investigation, in particular, for the rapid processing of large databases and information arrays and the performance of identification tasks (recognition of faces, voices, fingerprints, license plates, etc.). The regulatory acts on the possibility of introducing and using artificial intelligence in criminal proceedings in Ukraine are analysed. In particular, justice is attributed to the priority areas in which the tasks of the state policy for the development of the field of artificial intelligence are implemented.
subject: CRIMINAL LAW AND CRIMINOLOGY. THE PENAL LAW. CRIMINAL PROCEDURE AND CRIMINALISTICS. FORENSIC EXAMINATION. OPERATIONAL AC
  topic: section
subject: criminal proceedings
  topic: keywords
subject: justice
  topic: keywords
subject: judicial decision
  topic: keywords
subject: artificial intelligence
  topic: keywords
subject: digitalization
  topic: keywords
creator: Serhii Krushynskyi
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-10-31
publication date: 2025-10-31
starting page: 117
ending page: 122
doi: 10.35774/app2025.03.117

Criteria for the application of the principle of reasonableness in contractual obligations under martial law in Ukraine
type: item
description: The scientific article is devoted to the study of the criteria for applying the principle of reasonableness in contractual obligations under martial law in Ukraine. It is substantiated that the traditional criteria for applying the principle of reasonableness in contractual obligations, developed by doctrine and case law for ordinary circumstances, require reconsideration and adaptation to the realities of wartime. In view of the above, the outlined topic is relevant and requires thorough theoretical elaboration. The purpose of the article is to explore the criteria for applying the principle of reasonableness in contractual obligations under martial law in Ukraine based on the analysis of doctrinal sources, legal acts, and judicial practice. The methodological basis of this scientific article consists of general scientific and special legal methods of cognition. In particular, the method of legal analysis made it possible to reveal the content of the criteria for applying the principle of reasonableness in contractual obligations, to study the genesis of this principle, to identify its connections with other principles of civil legislation, and to determine the possibility of its application to specific legal situations. The modeling method was applied as a universal tool for scientific argumentation of a number of conclusions regarding changes in the criteria for applying the principle of reasonableness under martial law in Ukraine. The concept of the principle of reasonableness was clarified through the use of methods of analysis and synthesis. The dialectical method made it possible to highlight the dynamics of the development of the principle of reasonableness under the new conditions of the armed aggression of the Russian Federation. The systemic method was used to determine the place of the principle of reasonableness within the system of civil law principles of Ukraine. The method of legal forecasting allowed to identify possible directions for harmonizing t…
subject: CIVIL LAW AND CIVIL PROCESS. FAMILY LAW. INTERNATIONAL PRIVATE LAW. COMMERCIAL LAW. COMMERCIAL-PROCEDURAL LAW.
  topic: section
subject: contractual obligations
  topic: keywords
subject: principles of civil legislation
  topic: keywords
subject: foundations of civil legislation
  topic: keywords
subject: reasonableness
  topic: keywords
subject: good faith
  topic: keywords
subject: fairness
  topic: keywords
subject: martial law
  topic: keywords
subject: harmonization
  topic: keywords
subject: international codifications of private law principles
  topic: keywords
subject: EU legislation
  topic: keywords
subject: contract
  topic: keywords
creator: Iryna Lukasevych-Krutnyk
creator: Roman Krutnyk
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-10-31
publication date: 2025-10-31
starting page: 110
ending page: 116
doi: 10.35774/app2025.03.110

Prosecutor's participation in cases concerning the recovery of unjustified assets to the State: in search of a functional background
type: item
description: The article examines problematic aspects of legislative regulation of the prosecutor's participation in cases concerning the recognition of assets as unjustified and their recovery as state revenue through the prism of the functional justification of such powers outside the sphere of criminal justice. It has been established that the peculiarities of legislative regulation of the prosecutor's participation in cases concerning the recognition of assets as unjustified and their recovery as state revenue give rise to expert debate regarding the legal nature of such powers of the prosecutor outside the sphere of criminal justice. The subject of this discourse varies from assertions that legislative provisions granting prosecutors powers to represent the state's interests in court in cases concerning the recognition of assets as unjustified and their recovery as state revenue do not take into account the exceptional nature of such representation and the need for the prosecutor to justify the grounds for such representation in court, as well as the designation of the body authorised by the state to perform the relevant functions in disputed relations, to the characterisation of the procedural status of the prosecutor in this category of cases as one that is in no way related to the constitutional powers of the Public Prosecutor's Office. It is justified that granting prosecutors the exclusive power to initiate legal proceedings in cases concerning the recognition of assets as unjustified and their recovery as state revenue is determined, among other things, by the legal position of the Constitutional Court of Ukraine on the impossibility of duplicating the functions of the Public Prosecutor's Office by other state bodies, since the opposite could lead to a change in the constitutionally defined mechanism for the exercise of state power by its individual bodies or affect the scope of their constitutional powers. It is argued that, according to this legal position, the cour…
subject: CIVIL LAW AND CIVIL PROCESS. FAMILY LAW. INTERNATIONAL PRIVATE LAW. COMMERCIAL LAW. COMMERCIAL-PROCEDURAL LAW.
  topic: section
subject: Public Prosecutor’s Office
  topic: keywords
subject: prosecutor
  topic: keywords
subject: unjustified assets
  topic: keywords
subject: recovery of state revenue
  topic: keywords
subject: representation of State interests in court
  topic: keywords
subject: civil forfeiture
  topic: keywords
subject: functions of the Public Prosecutor's Office
  topic: keywords
creator: Oksana Khotynska-Nor
creator: Maryna Stefanchuk
creator: Kyrylo Legkykh
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-10-31
publication date: 2025-10-31
starting page: 101
ending page: 109
doi: 10.35774/app2025.03.101

Features of legal protection of low-income families in Ukraine under martial law
type: item
description: Relevance of the study. The full-scale war in Ukraine has provoked an increase in the number of socially vulnerable populations, which actualizes the issue of legal protection of low-income families. The main problem is the inconsistency of subordinate regulatory legal acts with the requirements of legislation declaring social guarantees, and insufficient control over their compliance, which leads to the necessity of judicial protection of violated citizens' rights. The purpose of the study is to determine the practice of legal protection of low-income families in Ukraine as a factor in increasing the effectiveness of ensuring state-guaranteed social standards. Research methods. The work applies a complex of general scientific and special methods: systemic-structural analysis to study the mechanisms of social and legal protection; comparative legal method for analyzing international and national standards of social security; method of generalization of judicial practice to identify problems of execution of court decisions in social cases; statistical analysis to assess the scale of non-execution of court decisions. Research results. An analysis of terminological concepts was conducted and criteria for low-income status were defined. It was established that the jurisdictional mechanism provides for judicial and administrative procedures for protecting the violated rights of low-income families. The main reasons for non-execution of court decisions in social cases were identified: the ability of central executive bodies to manipulate legislative norms through ambiguous interpretation, which violates the principles of the rule of law. It is proposed to unify the approach to drafting court decisions with mandatory reflection of clear financial indicators of payments, establishment of execution deadlines, and determination of responsibility of officials for non-execution. The necessity of creating a single integrated electronic system for selecting possible benefits for …
subject: CIVIL LAW AND CIVIL PROCESS. FAMILY LAW. INTERNATIONAL PRIVATE LAW. COMMERCIAL LAW. COMMERCIAL-PROCEDURAL LAW.
  topic: section
subject: low-income family
  topic: keywords
subject: social protection
  topic: keywords
subject: legal protection
  topic: keywords
subject: social and legal protection
  topic: keywords
subject: court decision
  topic: keywords
creator: Antonina Farion-Melnyk
creator: Andrii Kolesnikov
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-10-31
publication date: 2025-10-31
starting page: 89
ending page: 100
doi: 10.35774/app2025.03.089

Legal regulation of artificial intelligence application in anti-money laundering: analysis of international experience
type: item
description: The article presents a comprehensive examination of the legal aspects of artificial intelligence (AI) applications in anti-money laundering (AML) and counter-terrorism financing (CTF), drawing on an analysis of international experiences in legal regulation. Special attention is paid to the transformation of public perception of the problem following high-profile information leaks - the Panama Papers (2016) and Paradise Papers (2017), which became catalysts for the transition from relative tolerance of asset concealment schemes to active international counteraction to financial crimes. It has been proven that traditional financial monitoring methods are unable to effectively process millions of daily transactions, which necessitates the implementation of cutting-edge AI technologies, including machine learning algorithms (MLA), deep neural networks, and predictive analytics tools. The legal nature of AI in the financial context and its specific applications in AML monitoring systems are revealed. The evolution from an instrumental understanding of computer programs to the recognition of the special status of autonomous decision-making systems is traced. It is established that AI’s ability to self-learn and form unpredictable conclusions creates new legal challenges, particularly regarding the attribution of responsibility, which are resolved through the distribution of obligations between technology developers and users. International approaches to AI regulation in the AML/CFT sphere are analyzed. FATF recommendations that establish risk-based approach principles are examined. The European model based on the EU AI Act, which came into force on August 1, 2024, and classified AML systems as high-risk, is studied. The American model, characterized by flexibility through Financial Crimes Enforcement Network (FinCEN) initiatives, as well as regional practices, including initiatives by the Monetary Authority of Singapore and the Financial Conduct Authority of the United Ki…
subject: CONSTITUTIONAL LAW. ADMINISTRATIVE LAW AND PROCESS. FINANCE LAW. INFORMATION LAW. INTERNATIONAL LAW
  topic: section
subject: artificial intelligence
  topic: keywords
subject: anti-money laundering
  topic: keywords
subject: AML systems
  topic: keywords
subject: corruption
  topic: keywords
subject: financial monitoring
  topic: keywords
subject: legal regulation
  topic: keywords
subject: EU AI Act
  topic: keywords
subject: machine learning
  topic: keywords
subject: regulatory supervision
  topic: keywords
subject: algorithmic accountability
  topic: keywords
creator: Serhii Banakh
creator: Nataliia Holota
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-10-31
publication date: 2025-10-31
starting page: 82
ending page: 88
doi: 10.35774/app2025.03.082

Organizations of the executive authority in modern European countries
type: item
description: Contemporary societal challenges, now more than ever, necessitate a comprehensive and consistent approach to their resolution. Tasks of this nature are duly entrusted to centralized executive authorities, which are legitimized and designated to address issues across various societal spheres. The state organization of the executive branch implements legislation and administers a wide range of public matters. In view of its objectives, its organization must correspond to the trends of societal development. If the executive power is overly bureaucratic, the speed of its decision-making will not align with the pace of societal change. Conversely, if the authority exhibits anarchic characteristics, its decisions will be ineffective, and a noticeable lack of attention will be evident. Maintaining this balance requires the proper organization of executive power. The optimization of the executive branch and the enhancement of the quality of interaction between the structural elements of its organization are paramount for improving the efficiency of its functioning and decision-making processes. However, to achieve this, it is necessary to precisely define the actual positions of the entities involved. Such a step will allow for the identification of their advantages and strengths on the one hand, and their shortcomings on the other. Considering the aforementioned, the proposed research is dedicated to one of the aspects of the organization of executive power, namely its subject-based composition, upon which the effectiveness of its functioning depends. The objective of this study is to analyze the subject-based organization of executive power in various European countries. These countries include Moldova, Romania, Poland, France, and others. The subject of the analysis encompasses such aspects of functioning as the method of appointment, requirements for officials, the organizational structure of central bodies, and the distinction between political positions and civil serv…
subject: CONSTITUTIONAL LAW. ADMINISTRATIVE LAW AND PROCESS. FINANCE LAW. INFORMATION LAW. INTERNATIONAL LAW
  topic: section
subject: organization of executive power
  topic: keywords
subject: entities of executive power
  topic: keywords
subject: formation of state authorities
  topic: keywords
subject: functioning of state authorities
  topic: keywords
subject: European countries
  topic: keywords
creator: Yakym Yakimovich
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-10-31
publication date: 2025-10-31
starting page: 75
ending page: 81
doi: 10.35774/app2025.03.075

Peculiarities of Legal Regulation of the Status of an attorney in the EU Member States
type: item
description: This article explores the legal status and professional regulation of lawyers (advocates) within the European Union, emphasizing its relevance in the context of ongoing European integration processes and the formation of a common legal space. The profession of a lawyer plays a fundamental role in ensuring the rule of law, access to justice, and the protection of human rights in all EU member states. Despite the diversity of national legal systems, traditions, and regulatory frameworks, there is a growing need to harmonize the standards and approaches to legal practice across the EU, without undermining the sovereignty and historical uniqueness of individual legal traditions. The aim of this study is to analyze the peculiarities of regulating the legal status of lawyers in selected EU countries – particularly Germany, France, and Italy – while highlighting the overarching principles and mechanisms of harmonization introduced at the European level. Special attention is given to the principle of the free movement of professionals, enshrined in Directive 98/5/EC, which allows lawyers qualified in one EU member state to practice in another under certain conditions. The study also examines the role of the Council of Bars and Law Societies of Europe (CCBE) in promoting unified ethical standards, ensuring mutual recognition of qualifications, and supporting professional mobility within the Union. The article presents a comparative overview of national approaches to legal education, professional training, access to the legal profession, and the self-governance of lawyers in Germany, France, and Italy. It identifies both shared and divergent elements in the processes of qualifying as a lawyer, such as the structure of legal education, the duration and content of mandatory traineeships, the organization of bar associations, disciplinary procedures, and ethical codes. Furthermore, the research highlights important legal safeguards for the independence of lawyers in each country…
subject: CONSTITUTIONAL LAW. ADMINISTRATIVE LAW AND PROCESS. FINANCE LAW. INFORMATION LAW. INTERNATIONAL LAW
  topic: section
subject: legal profession
  topic: keywords
subject: lawyer status
  topic: keywords
subject: European Union
  topic: keywords
subject: advocacy
  topic: keywords
subject: free movement of professionals
  topic: keywords
subject: legal assistance
  topic: keywords
subject: ethical standards
  topic: keywords
subject: self-governance
  topic: keywords
subject: CCBE
  topic: keywords
subject: legal system
  topic: keywords
subject: lawyer qualification
  topic: keywords
subject: access to justice
  topic: keywords
creator: Yurii Shchepaniuk
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-10-31
publication date: 2025-10-31
starting page: 69
ending page: 74
doi: 10.35774/app2025.03.069

Organizational and legal guarantees for protection of human rights in the context of the constitutional and legal policy of Ukraine
type: item
description: The rights and freedoms of man and citizen constitute the content of the constitutional and legal policy of every civilized state; they must be specific and provided with guarantees of implementation and protection. Nowadays, this issue is actualized in the context of the Russian Federation’s military aggression against Ukraine, in result of which millions of Ukrainian citizens are affected. There distinguished general and special guarantees in the system of human rights guarantees, where organizational and legal (institutional) guarantees have the particular importance, since the only embodying the rights and freedoms in normative legal acts does not guarantee a person the possibility of implementing and effectively protecting all these rights and freedoms. Organizational and legal (institutional) guarantees are statutory defined state and non-state institutions that protect human and civil rights and freedoms at the national and international levels by jurisdictional and non-jurisdictional means. It is asserted that the most efficient institutions in the system of organizational and legal guarantees are the Commissioner for Human Rights of the Verkhovna Rada of Ukraine as well as advocacy, mediation and human rights NGOs as independent institutions that carry out human rights activity both at the national and international levels. This joint action results to the periodic releasing the Ukrainian military personnel from Russian captivity, returning illegally detained civilians and forcibly removed Ukrainian children from the territory of the Russian Federation and temporarily occupied territories. It is concluded that despite the effective work of state and non-state institutions there remained some issues that can be resolved exclusively through the courts, in particular, the protection of the human dignity of Ukrainian citizens. Thus, one of the significant tasks of current constitutional and legal policy is to improve the entire mechanism for ensuring the rights…
subject: CONSTITUTIONAL LAW. ADMINISTRATIVE LAW AND PROCESS. FINANCE LAW. INFORMATION LAW. INTERNATIONAL LAW
  topic: section
subject: constitutional and legal policy
  topic: keywords
subject: legal status of man and citizen
  topic: keywords
subject: organizational and legal guarantees for protection
  topic: keywords
subject: Commissioner for Human Rights of the Verkhovna Rada of Ukraine
  topic: keywords
subject: human rights organization
  topic: keywords
creator: Viktoriia Ternavska
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-10-31
publication date: 2025-10-31
starting page: 64
ending page: 68
doi: 10.35774/app2025.03.064

Agro-industrial complex as an object of administrative and legal regulation
type: item
description: The agro-industrial complex of Ukraine is a strategically important component of the national economy, ensuring food security, the development of rural areas and the formation of the export potential of the state. In the context of globalization, European integration processes, climate change and martial law, the issue of effective administrative and legal regulation is gaining particular relevance. Not only the stability of the agrarian sector, but also national security in general depends on the proper organization of public administration in this area. The purpose of the article is to research into the features of administrative and legal regulation in the agro-industrial complex. The work summarizes scientific approaches to understanding the definition of «agro-industrial complex», outlines its key features as an object of administrative and legal regulation: complexity, combination of public and private interests, the presence of special legal norms, multi-level regulation, strategic role in ensuring national security and the need for flexibility of legal mechanisms. It is substantiated that modern legal regulation of the agribusiness sector should combine instruments of state control, licensing, certification, environmental supervision and a system of support for agricultural producers, focusing on the standards of the European Union. It is determined that the administrative and legal support for the development of the agribusiness sector is aimed at creating favorable conditions for the implementation of the constitutional right of citizens to food security and increasing the competitiveness of the Ukrainian economy. It is concluded that improving administrative and legal mechanisms in the agribusiness sector will contribute not only to increasing the efficiency of management and transparency of the agribusiness market, but also to strengthening Ukraine's positions in the international arena as one of the key players in the global food market.
subject: CONSTITUTIONAL LAW. ADMINISTRATIVE LAW AND PROCESS. FINANCE LAW. INFORMATION LAW. INTERNATIONAL LAW
  topic: section
subject: legal regulation
  topic: keywords
subject: administrative and legal regulation
  topic: keywords
subject: object of administrative and legal regulation
  topic: keywords
subject: agro-industrial complex
  topic: keywords
creator: Serhii Romaneskul
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-10-31
publication date: 2025-10-31
starting page: 57
ending page: 63
doi: 10.35774/app2025.03.057

Administrative and Legal Regulation of Business in the Field of Mine Action
type: item
description: The scientific article is devoted to establishing the features of administrative and legal regulation of business activities in the field of mine action. Legislative and regulatory acts that establish the legal framework for mine action in Ukraine have been examined. The scientific achievements of Ukrainian researchers who have devoted their work to the legal regulation of mine action have been utilized. The methodological basis of the study included special legal methods such as systemic, theoretical, and legal, formal and dogmatic, comparative and legal. The definition of administrative and legal regulation of business in the field of mine action has been proposed as the establishment in legislative and regulatory acts of requirements for enterprises and organizations that wish to engage in mine action activities. The features of administrative and legal regulation of business in the field of mine action have been established: admission to mine action activities is conditioned by the procedure for passing the certification of enterprises and organizations that wish to engage in mine action activities; licensing of mine action activities is not provided for; the conditions and procedure for accreditation of conformity assessment bodies by the National Accreditation Agency of Ukraine have been established; the conditions and procedure for certification of mechanized demining equipment have been established; the powers of the Humanitarian Demining Center for public procurement of demining services for agricultural areas have been established. Proposals have been developed to improve the administrative and legal regulation of business in the field of mine action activities: to introduce licensing of enterprises and organizations wishing to carry out demining instead of certification, to develop Licensing Conditions for Mine Action Activities, which will regulate the requirements for mine action processes and equipment used during demining, to provide in the legislatio…
subject: CONSTITUTIONAL LAW. ADMINISTRATIVE LAW AND PROCESS. FINANCE LAW. INFORMATION LAW. INTERNATIONAL LAW
  topic: section
subject: legal regulation
  topic: keywords
subject: economic management
  topic: keywords
subject: economic activity
  topic: keywords
subject: mine action
  topic: keywords
subject: demining
  topic: keywords
subject: certification
  topic: keywords
subject: accreditation
  topic: keywords
subject: public procurement
  topic: keywords
subject: conformity assessment
  topic: keywords
creator: Maksym Marchenko
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-10-31
publication date: 2025-10-31
starting page: 47
ending page: 56
doi: 10.35774/app2025.03.047

The Unity of Judicial Practice in the Light of Existing Legal Mechanisms, European Standards and Modern Technologies
type: item
description: The relevance of this study is determined by the fact that ensuring the unity of judicial practice is a key element of a stable legal system, as it guarantees the consistency of court decisions in similar legal situations, enhances trust in the judicial system and promotes the implementation of the rule of law. Despite the effectiveness of traditional legal mechanisms, the risk of discrepancies in the interpretation and application of norms still exists, which highlights the need for innovative approaches that, in the modern context of social and technological development, hold significant potential. The combination of traditional legal mechanisms and innovative technologies makes the study particularly relevant for shaping a unified judicial practice in Ukraine. The purpose of the study is to examine the mechanisms for ensuring the unity of judicial practice in Ukraine, taking into account national legislation, the requirements of European standards and the potential use of artificial intelligence. To study the unity of judicial practice, such methods as the formal-logical, comparative-legal, systemic and analysis and synthesis methods were employed, allowing for a comprehensive assessment of the role of legal norms and technological tools in ensuring the consistency of court decisions. It is concluded that the unity of judicial practice is a fundamental element of the rule of law and a guarantee of society’s trust in the judicial system. In this context, the consistency of court decisions serves not only as a tool of legal certainty but also as a necessary condition for the realization of the right to a fair trial. Ensuring the unity of judicial practice is based both on historically established legal principles, beginning with Roman law and on modern European standards. It is argued that the mechanisms for ensuring the unity of judicial practice require constant improvement, particularly through the development of both legal and innovative tools. Therefore, under…
subject: CONSTITUTIONAL LAW. ADMINISTRATIVE LAW AND PROCESS. FINANCE LAW. INFORMATION LAW. INTERNATIONAL LAW
  topic: section
subject: judicial practice
  topic: keywords
subject: court
  topic: keywords
subject: justice
  topic: keywords
subject: civil proceedings
  topic: keywords
subject: ECtHR
  topic: keywords
subject: the practice of the ECtHR
  topic: keywords
subject: precedent
  topic: keywords
subject: court decision
  topic: keywords
subject: interpretation of law
  topic: keywords
subject: artificial intelligence
  topic: keywords
creator: Nataliіa Martsenko
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-10-31
publication date: 2025-10-31
starting page: 38
ending page: 46
doi: 10.35774/app2025.03.038

Administrative and legal regulation under martial law in Ukraine: challenges, risks, and directions for improvement
type: item
description: The purpose of this article is to conduct a comprehensive analysis of the issues related to administrative and legal regulation in Ukraine under martial law, taking into account the challenges of public security, human rights protection, and the efficiency of public authorities, as well as to develop proposals for improving the regulatory framework and administrative practices. The research methodology is based on systemic, structural-functional, and comparative legal approaches, involving the analysis of legal acts, public administration practices, and academic sources. Methods of logical generalization, legal norm interpretation, and empirical analysis are also applied. The article examines the peculiarities of administrative and legal regulation of executive authorities’ activities in Ukraine under martial law. The relevance of the study is determined by the unprecedented challenges posed by the full-scale Russian military aggression against Ukraine, which has significantly affected the functioning of public administration and altered the legal framework within which executive bodies operate. In times of war, the state faces the dual task of ensuring effective governance and national security while preserving the rule of law, democratic control, and civil rights. These competing priorities make it essential to analyze the current state and transformation of administrative law in the context of martial law. The main purpose of the research is to identify how martial law influences the legal regulation of executive power activities, to assess the risks of excessive concentration of authority, and to determine ways to ensure the accountability, transparency, and legality of public administration under exceptional circumstances. The author focuses on the mechanisms of administrative appeal, parliamentary oversight, and the balance between the need for swift administrative decisions and safeguarding individual rights and freedoms. The study reveals that, under martial…
subject: CONSTITUTIONAL LAW. ADMINISTRATIVE LAW AND PROCESS. FINANCE LAW. INFORMATION LAW. INTERNATIONAL LAW
  topic: section
subject: administrative law
  topic: keywords
subject: executive power
  topic: keywords
subject: martial law
  topic: keywords
subject: public administration
  topic: keywords
subject: appeal
  topic: keywords
subject: legality
  topic: keywords
subject: transparency
  topic: keywords
subject: accountability
  topic: keywords
creator: Nazar Kramarchuk
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-10-31
publication date: 2025-10-31
starting page: 28
ending page: 37
doi: 10.35774/app2025.03.028

Legal nature of ECtHR practice
type: item
description: The relevance of the topic is determined by the crucial role of the ECtHR practice in shaping the system of international human rights protection and ensuring fair justice. Of particular importance is the fact that the Court’s practice not only establishes the formal framework for the observance of substantive and procedural rights but also specifies their substantive and value-based content, forming standards that must be taken into account by national courts. In the context of harmonizing national legislation with European Union law and the existing challenges in implementing and interpreting the Court’s standards, a scholarly analysis of the legal nature of ECtHR practice is especially relevant for ensuring consistency in judicial practice and enhancing the effectiveness of human rights protection, which becomes even more significant in conditions of war and systemic human rights violations. The purpose of the study is to conduct a comprehensive analysis of the legal nature of the practice of the ECtHR. In particular, this research is focused on revealing the essence of ECtHR practice in its interconnection and through the three main legal functions of the Court’s activity - law enforcement, legal interpretation and supervisory control. To examine the legal nature of the ECtHR’s practice, such methods as the formal-logical, comparative-legal, dialectical, as well as analysis and synthesis, were employed. As a result of the conducted research, it has been substantiated that the status of ECtHR practice as a source of law arises precisely from the normative fixation of the rule that «courts are obliged to apply ECtHR practice as a source of law when considering cases». At the same time, this serves as a basis for its application in specific legal relations as an effective regulatory mechanism. It is argued that ECtHR practice is not a precedent in the sense of common law systems, rather, the so-called «precedent nature» of ECtHR practice, mentioned in the works of …
subject: CONSTITUTIONAL LAW. ADMINISTRATIVE LAW AND PROCESS. FINANCE LAW. INFORMATION LAW. INTERNATIONAL LAW
  topic: section
subject: ECtHR
  topic: keywords
subject: the practice of the ECtHR
  topic: keywords
subject: court
  topic: keywords
subject: legal nature
  topic: keywords
subject: judicial practice
  topic: keywords
subject: source of law
  topic: keywords
subject: precedent
  topic: keywords
subject: precedential character
  topic: keywords
subject: court decision
  topic: keywords
subject: interpretation
  topic: keywords
creator: Taras Kit
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-10-31
publication date: 2025-10-31
starting page: 21
ending page: 27
doi: 10.35774/app2025.03.021

Police in the System of Law Enforcement Agencies of the Western Ukrainian People’s Republic
type: item
description: The purpose of this article is to analyze the process of formation, organizational development, place, and role of the police within the system of law enforcement agencies of the Western Ukrainian People’s Republic (WUPR) during the period from November 1918 to June 1919. The research methodology is based on the principles of historicism, scientificness, objectivity, and systemic analysis. The methods of analysis, synthesis, and generalization applied in the study made it possible to investigate the processes of formation, the regional specificities of activity, and the significance of the police as a structural component within the system of social order protection of the WUPR. The historical-comparative method facilitated a comparative analysis of the establishment of the WUPR police with the legislative regulation of police activity in the “first” Ukrainian People’s Republic, as well as with the processes of law enforcement development in Austria-Hungary. Scientific novelty. Based on published sources and recent historiographic research, the article examines the processes of the establishment, functioning, and role of the police in the system of law enforcement bodies of the WUPR in the period from November 1918 to June 1919. Research findings indicate, firstly, that the process of establishing and developing law enforcement bodies was deliberate, systematic, and carried out in parallel with the development of the state administration system and judicial reform of the WUPR. Secondly, document analysis shows the absence of legislative regulation of police activity, in contrast to the state gendarmerie, which significantly influenced the processes of its formation, organizational development, and systemic effectiveness. Thirdly, despite the diversity of approaches regarding its designation and the regional specificities of its formation, the police should be regarded as a public body which, alongside the gendarmerie, was entrusted with ensuring the protection of pu…
subject: HISTORY AND THEORY OF STATE AND LAW
  topic: section
subject: Western Ukrainian People’s Republic
  topic: keywords
subject: State Secretariat
  topic: keywords
subject: law enforcement agencies
  topic: keywords
subject: police
  topic: keywords
subject: state gendarmerie
  topic: keywords
creator: Vasyl Ukhach
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-10-31
publication date: 2025-10-31
starting page: 14
ending page: 20
doi: 10.35774/app2025.03.014

Baptism as a criterion for acquiring the procedural role of a petitioner in catholic courts
type: item
description: This article examines the acquisition of the procedural role of a petitioner in Catholic tribunals through the prism of the Sacrament of Baptism. Therefore, the main legislative provisions that interpret the issue of access to the dimension of Catholic justice are analyzed here. The study clarifies the mechanism for determining the validity of baptism of persons belonging to dubious church communities, as well as those belonging to sects that consider themselves Christians. In addition, a comparative characteristic of the legislation of the Eastern Catholic Churches and the Latin Church regarding the aspect of the Sacrament of Baptism as a condition for the possibility of appearing before a Catholic judge as a petitioner is carried out here. Special attention is paid to the main elements that conceptually influenced the process of codification of the legislation of the Eastern Catholic Churches on the issue of access of non-Catholics to Catholic tribunals. As a result of the study, the main principle that guides modern procedural Catholic law, and therefore the place of non-Catholics in the canonical process, is clarified and highlighted. Basically, the prescriptions of Catholic law are designed for and bind only Catholics. Canon law explicitly states that the faithful of Catholic Churches can assert and defend their rights precisely before a competent Catholic tribunal if such a right has been violated or unjustly restricted. Therefore, since it concerns the internal life of the faithful of Catholic Churches, the question arises: can it be affirmed that baptism is the criterion by which canon law determines a person's capacity to acquire the procedural role of a petitioner? After all, modern Catholic canon law in certain cases still regulates relations between Catholics and baptized non-Catholics (e.g., mixed marriages, communicatio in sacris, etc.) or between Catholics and unbaptized persons (e.g., dispensation from the impediment of disparity of cult, marital sep…
subject: HISTORY AND THEORY OF STATE AND LAW
  topic: section
subject: canon law
  topic: keywords
subject: canonical process
  topic: keywords
subject: procedural law of the Catholic Churches
  topic: keywords
subject: baptism
  topic: keywords
subject: party to the case
  topic: keywords
subject: petitioner
  topic: keywords
creator: Ivan Dobrotiuk
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-10-31
publication date: 2025-10-31
starting page: 6
ending page: 13
doi: 10.35774/app2025.03.006

Logical paradoxes in law application: formal rationality vs principles of justice
type: item
description: The article examines the problem of logical paradoxes arising in legal application processes due to conflicts between the formal rationality of legal norms and principles of justice. The relevance of this research is determined by the increasing complexity of legal systems, the development of analytical jurisprudence, and the necessity to reconsider the boundaries of applying formal-logical approaches in contemporary legal science and practice. A systematic analysis of logical paradoxes embedded in the structure of legal norms and judicial procedures has been conducted to clarify the fundamental limits of formal logic in jurisprudence and theoretically substantiate the need to turn to broader principles of justice when resolving legal conflicts. The research employs methods of formal-logical analysis, structural-functional approach, comparative-legal method, and hermeneutical approach to the interpretation of legal norms and precedents. Classical paradoxes of legal application are analyzed: the paradox of norm self-application (using the example of appellate appeal), the paradox of presumption of innocence in the context of preventive measures, the paradox of limitation periods under conditions of technological progress, and the paradox of fair punishment as a conflict between individualization and equality. Specific manifestations of logical contradictions in international public law are examined, particularly the chronological paradox of customary international law formation and the doctrinal paradox of collegial adjudication in international judicial institutions. The connection between Gödel's incompleteness theorem and legal systems has been confirmed, representing an original authorial contribution to legal epistemology. The application of mathematical logic to the analysis of legal phenomena opens new perspectives for understanding structural limitations of normative systems. The work synthesizes classical works of the positivist school with critical approach…
subject: ACTUAL DISCUSSIONS
  topic: section
subject: logic of law
  topic: keywords
subject: logical paradoxes
  topic: keywords
subject: liar paradox
  topic: keywords
subject: legal application
  topic: keywords
subject: formal rationality
  topic: keywords
subject: principles of justice
  topic: keywords
subject: international law
  topic: keywords
subject: Gödel's incompleteness theorem
  topic: keywords
subject: legal hermeneutics
  topic: keywords
creator: Olha Kovalchuk
rights: Copyright (c) 2025
date: 2025-07-30
publication date: 2025-07-30
starting page: 222
ending page: 227
doi: 10.35774/app2025.02.222

Corruption as a source of funds for money laundering: legal mechanisms of counteraction
type: item
description: The article focuses on the examination of the relationship between corrupt acts and money laundering within the context of current trends in international and national legislation development. The inseparable bidirectional nature of the connection between these phenomena is substantiated, where corruption serves both as a source of illegal proceeds that require legalization and as an instrument for ensuring the functioning of money laundering schemes. It is proven that legal doctrine and practice increasingly emphasize the need to consider these phenomena as interrelated within a unified counteraction strategy, since traditional isolated approaches prove to be insufficiently effective in combating modern complex financial schemes. A comprehensive analysis of key legislative innovations of recent years has been conducted, including the adoption in the USA of the Foreign Extortion Prevention Act (FEPA) 2023, the Anti-Money Laundering Act 2020, China's three-year action plan for combating money laundering (2022‒2024), and the new European regulation on establishing the Authority for Anti-Money Laundering and Countering the Financing of Terrorism. Particular attention is paid to analyzing the impact of these legislative changes on expanding the range of predicate crimes and creating new legal mechanisms for international cooperation. The role of international organizations, particularly FATF, in forming global standards for combating financial crimes and the significance of the Warsaw Convention 2005 and the UN Convention against Corruption (UNCAC) as fundamental international instruments are examined The process of adapting Ukrainian legislation to international standards through an analysis of the system of normative legal acts regulating issues of combating corruption and money laundering has been studied. It is proven that Ukraine has formed a comprehensive multilevel architecture of legal regulation that encompasses preventive measures, financial monitoring, and cr…
subject: ACTUAL DISCUSSIONS
  topic: section
subject: corruption
  topic: keywords
subject: money laundering
  topic: keywords
subject: legalization of proceeds
  topic: keywords
subject: financial monitoring
  topic: keywords
subject: FATF
  topic: keywords
subject: anti-corruption legislation
  topic: keywords
subject: normative legal regulation of prevention and counteraction to money laundering
  topic: keywords
subject: international cooperation
  topic: keywords
subject: international standards
  topic: keywords
subject: financial security
  topic: keywords
creator: Serhiy Banakh
creator: Nataliia Holota
rights: Copyright (c) 2025
date: 2025-07-30
publication date: 2025-07-30
starting page: 215
ending page: 221
doi: 10.35774/app2025.02.215

The Institute of State Gendarmerie in the System of Public Order Protection Bodies of the Western Ukrainian People’s Republic (November 1918 – June 1919)
type: item
description: The aim of this article is to analyze the process of establishing the State Gendarmerie within the system of public order protection bodies of the Western Ukrainian People’s Republic during the period from November 1918 to June 1919. The research methodology is based on the principles of historicism, scientism, objectivity, and systematicity. Methods of analysis and synthesis, generalization, and historical-comparative approaches were applied to study the organizational and legal framework, peculiarities of formation, and practical activities of one of the key structures in the law enforcement system of the young republic – the State Gendarmerie. Scientific novelty. Based on published sources and historiographic research, the article examines the organizational and legal foundations of the establishment of the institute and structures of the State Gendarmerie of the WUPR in the law enforcement system during the early period of state functioning, from November 1918 to June 1919. The article provides a detailed analysis of the law on the State Gendarmerie, its quantitative membership, leadership bodies, functions, duties, and responsibilities. It also presents statistical data on the personnel and territorial composition of the service, requirements for candidates, and the social benefits for gendarmerie officers. The results of the study indicate that the legislative basis for the creation and development of the State Gendarmerie was rooted in Austro-Hungarian law, which did not contradict the interests of the Ukrainian state. Documents show the consistency and purposeful nature of the formation and establishment of the public order protection system, and the State Gendarmerie in particular, within the broader context of the state-building trends of the WUPR. After the units of the Ukrainian Galician Army (UGA) crossed the Zbruch River, the State Gendarmerie was subordinated to the Rear Command and thus ceased to perform public order functions within the state, actin…
subject: ACTUAL DISCUSSIONS
  topic: section
subject: Ukrainian National Council
  topic: keywords
subject: Western Ukrainian People’s Republic
  topic: keywords
subject: State Secretariat
  topic: keywords
subject: public order protection bodies
  topic: keywords
subject: State Gendarmerie
  topic: keywords
creator: Vasyl Ukhach
rights: Copyright (c) 2025
date: 2025-07-30
publication date: 2025-07-30
starting page: 206
ending page: 214
doi: 10.35774/app2025.02.206

Reforming the Administrative Justice Institution: European Experience and Ukrainian Realities
type: item
description: This article examines the reform process of the administrative justice institute in Ukraine through the lens of European experience and contemporary Ukrainian realities. The research relevance is determined by the necessity for scientific substantiation of administrative justice reform directions in accordance with European standards and considering the specificity of state institutions functioning under martial law conditions. Special attention is paid to the impact of European integration processes on the transformation of Ukraine's judicial system, particularly in the context of obtaining EU candidate status in 2022. The research objective is a systematic analysis of the administrative justice institute reform process considering European experience and contemporary challenges. The study employs comparative legal methodology to analyze French, German, and mixed European models, statistical analysis of judicial practice, examination of international organizations' recommendations, and analysis of Ukraine's normative-legal framework. The main research findings indicate that Ukraine's administrative justice system is in a transformation phase from the post-Soviet model to European standards; however, this process is characterized by unevenness and contradictory tendencies. A key problem identified is the gap between declared reform goals and their practical implementation, manifested in low citizen trust levels in administrative courts (23% compared to 65-78% in EU countries). The study reveals that 34% of executive authority decisions appealed to administrative courts are recognized as unlawful, indicating systematic deficiencies in administrative act adoption. The research demonstrates that digitalization of administrative proceedings showed effectiveness during the COVID-19 pandemic and martial law, with 78% of procedural documents submitted through electronic systems. However, technological solutions are implemented without proper consideration of different user…
subject: ACTUAL DISCUSSIONS
  topic: section
subject: administrative justice
  topic: keywords
subject: judicial reform
  topic: keywords
subject: European integration
  topic: keywords
subject: administrative proceedings
  topic: keywords
subject: rule of law
  topic: keywords
subject: judicial independence
  topic: keywords
creator: Oleh Predmestnikov
creator: Viktor Gapotii
rights: Copyright (c) 2025
date: 2025-07-30
publication date: 2025-07-30
starting page: 194
ending page: 205
doi: 10.35774/app2025.02.194

European Standards for the Protection of Obligatory Rights in the Practice of the ECtHR
type: item
description: The relevance of the topic lies in the pivotal role that the protection of obligatory rights plays in upholding the rule of law, legality, and the balance between private and public interests in a democratic society. Of particular importance is the practice of the European Court of Human Rights (ECtHR), which, through its interpretation of the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms, shapes modern standards for the protection of such rights, recognizing them as part of the notion of «possessions» under Article 1 of Protocol No. 1 to the Convention. The aim of this study is to examine the interpretation of the concept of «possessions» in the practice of the ECtHR under Article 1 of Protocol No. 1 to the Convention, particularly in the context of obligatory legal relations. The focus is placed on the doctrine of legitimate expectations, the criteria for permissible state interference, and the requirements for effective judicial protection, which together shape the European standards for the protection of obligatory rights in the practice of the ECtHR. The results of the study demonstrate that the ECtHR applies a functional approach to the concept of «possessions», identifying the criteria of legality, legitimacy of aim, and fair balance when assessing state interference in the private law sphere. The research has established that the ECtHR has developed an autonomous concept of «possessions» within the meaning of Article 1 of Protocol No. 1 to the Convention, which encompasses not only classical property rights but also claims arising from legitimate expectations. Particular attention is given to the concept of «legitimate expectation», which extends the scope of property rights protection to include contractual obligations and other claims. This approach allows the guarantees of the Convention to be applied to areas such as contractual obligations, pension entitlements, payments under court decisions, compensation for …
subject: ACTUAL DISCUSSIONS
  topic: section
subject: ECtHR
  topic: keywords
subject: the practice of the ECtHR
  topic: keywords
subject: court
  topic: keywords
subject: possessions
  topic: keywords
subject: obligatory rights
  topic: keywords
subject: obligatory legal relations
  topic: keywords
subject: obligations
  topic: keywords
subject: contract
  topic: keywords
subject: legitimate expectations
  topic: keywords
subject: permissible state interference
  topic: keywords
subject: effective judicial protection
  topic: keywords
creator: Iryna Lukasevych-Krutnyk
creator: Taras Kit
rights: Copyright (c) 2025
date: 2025-07-30
publication date: 2025-07-30
starting page: 186
ending page: 193
doi: 10.35774/app2025.02.186

The institute of attorney-client privilege (Polish experience)
type: item
description: This article provides an analysis of the legal framework for the institution of attorney-client privilege in Poland, indicating the situations when an attorney is entitled or obliged to disclose information covered by professional secrecy, as well as the consequences of an erroneous assessment of an attorney in such a situation. Some provisions requiring legislative amendments or functional interpretation in order to guarantee the observance of the attorney-client privilege in court proceedings are also considered. The study concludes that in Poland, the attorney-client privilege, known as professional secrecy, is a fundamental principle deeply rooted in legal ethics and professional conduct, which obliges lawyers to keep confidential all information obtained in the course of providing legal aid. Both lawyers and paralegals are bound by a legal obligation of confidentiality, which means that they cannot disclose communications received in the course of providing legal aid. Legislative changes are necessary in some cases, for example, when a lawyer should have the right to appeal against a court decision to disclose information constituting professional secrecy in relation to information obtained as a result of the operational and investigative activities of law enforcement agencies. In other cases, legislative amendments may not achieve their purpose, for example, to clarify certain topical issues. The Constitutional Court of Poland has also noted threats to the attorney-client privilege, for example, in the case of access to information constituting the attorney-client privilege by supervisory authorities exercising operational control. Despite the fact that there is a risk to the effective protection of professional secrecy, the court pointed out that it is the legislator who should introduce legal solutions that will prevent the risk of using information that needs to be protected, or at least minimise this risk, and that the possible misapplication of a provisio…
subject: ACTUAL DISCUSSIONS
  topic: section
subject: attorney-client privilege
  topic: keywords
subject: professional secrecy
  topic: keywords
subject: client
  topic: keywords
subject: criminal procedure
  topic: keywords
creator: Andrii Hrubinko
rights: Copyright (c) 2025
date: 2025-07-30
publication date: 2025-07-30
starting page: 178
ending page: 185
doi: 10.35774/app2025.02.178

Improvement of the mechanism of administrative liability for violations of military accounting: proposals for legislative changes
type: item
description: The article is devoted to the study of the current problems of improving the mechanism of administrative liability for violations of military accounting rules in the context of modern challenges of national security. The theoretical and practical aspects of the application of administrative sanctions in the military accounting sphere are considered, the shortcomings of the current legislation are analyzed and the main directions of its modernization are identified. Particular attention is paid to the analysis of law enforcement practice and the development of conceptual approaches to optimizing the system of administrative coercion in the field of military accounting. The structural elements of the mechanism of administrative liability for violations of military accounting legislation are studied, including the regulatory framework, law enforcement entities, procedures for bringing to justice and the system of administrative sanctions. The problems of differentiating the responsibility of different categories of military personnel, the features of the application of administrative penalties in the conditions of a special period and wartime are analyzed. The issues of the ratio of administrative and criminal liability for offenses in the field of military accounting are considered. The shortcomings of the current mechanism of administrative liability are studied in detail, including gaps in legal regulation, conflicts between various regulatory acts, insufficient effectiveness of the sanctions applied, and complexities in the procedures for proving offenses. Particular attention is paid to the analysis of the impact of the digitalization of the military accounting system on the transformation of traditional approaches to administrative liability and the need to adapt legal mechanisms to modern technological realities. Specific proposals are formulated to improve the legislative framework for administrative liability in the military accounting sector, including amendm…
subject: ACTUAL DISCUSSIONS
  topic: section
subject: administrative responsibility
  topic: keywords
subject: military accounting
  topic: keywords
subject: legislative changes
  topic: keywords
subject: administrative sanctions
  topic: keywords
subject: law enforcement practice
  topic: keywords
subject: military conscripts
  topic: keywords
subject: administrative offenses
  topic: keywords
subject: digitalization of military accounting
  topic: keywords
subject: prevention of offenses
  topic: keywords
subject: procedures for bringing to justice
  topic: keywords
subject: interagency cooperation
  topic: keywords
subject: national security
  topic: keywords
subject: administrative coercion
  topic: keywords
subject: legal regulation
  topic: keywords
subject: modernization
  topic: keywords
creator: Oksana Shevchuk
rights: Copyright (c) 2025
date: 2025-07-30
publication date: 2025-07-30
starting page: 172
ending page: 177
doi: 10.35774/app2025.02.172

Cybersecurity in Ukraine: current challenges and ways to improve legislative regulation
type: item
description: The modern realities of the digital transformation of society make it critically important to ensure cybersecurity as a key element of the state's national security. Ukraine, in conditions of permanent confrontation with hybrid threats and active digitalization of state and private structures, is faced with the need to form an effective system of legal regulation in the field of cyber defense. This study is aimed at a comprehensive analysis of the current state of legislative support for cybersecurity in Ukraine and identifying priority areas for its improvement. The relevance of the study is due to the rapid development of information and communication technologies, the increase in the number and sophistication of cyber attacks, as well as the need to adapt national legislation to European cybersecurity standards. The analysis of modern cyber threats demonstrates their cross-border nature, a high degree of coordination and the use of advanced technologies to cause damage to critical infrastructure, state institutions and the private sector. Special attention is paid to the study of the specifics of cyberterrorism, information operations and attacks on critical infrastructure in the context of modern geopolitical challenges. The methodological basis of the study includes a comprehensive approach to the analysis of regulatory legal acts, international agreements and the practice of their implementation into national legislation. The methods of comparative law, system analysis and empirical methods of research into the practice of law enforcement in the field of cybersecurity were used. Special attention is paid to the study of the experience of the European Union countries in the field of legal regulation of cyber protection and the possibilities of its adaptation to Ukrainian realities. The results of the study indicate the presence of significant gaps in the current legislation of Ukraine on the regulation of cybersecurity, including insufficient coordination betwe…
subject: ACTUAL DISCUSSIONS
  topic: section
subject: information security
  topic: keywords
subject: law enforcement
  topic: keywords
subject: cybersecurity
  topic: keywords
subject: legal support
  topic: keywords
subject: administrative-legal aspect
  topic: keywords
subject: criminal liability
  topic: keywords
subject: administrative liability
  topic: keywords
subject: European integration
  topic: keywords
subject: harmonization of legislation
  topic: keywords
subject: international standards
  topic: keywords
subject: NATO
  topic: keywords
subject: European Union (EU)
  topic: keywords
subject: state information policy
  topic: keywords
subject: information security threats
  topic: keywords
subject: implementation of law
  topic: keywords
subject: subjects of information security
  topic: keywords
subject: legal liability
  topic: keywords
subject: information offenses
  topic: keywords
subject: propaganda
  topic: keywords
subject: artificial intelligence
  topic: keywords
creator: Svitlana Mazepa
rights: Copyright (c) 2025
date: 2025-07-30
publication date: 2025-07-30
starting page: 164
ending page: 171
doi: 10.35774/app2025.02.164

Current challenges, threats and risks to national security as an object of NABU's activities
type: item
description: The defining form of providing the national security of Ukraine is and should be a well-thought-out and balanced state policy in accordance with the requirements of legislation, current regulatory acts, adopted national doctrines, strategies and programs in the appropriate areas of activity. At the same time, the specification of forms and methods, means and resources for providing national security at each stage can change adequately to the level of threats to national interests. However, a comprehensive systematic approach to taking into account and analysing factors that affect the violation of national interests and, accordingly, the level of national security should remain an invariable requirement under all conditions. This directly concerns the practice of special competence bodies. Exceptional attention should be paid to the formation of preventive measures that should be focused on existing and potential challenges, threats and risks. The leading role here is played by the National Anti-Corruption Bureau of Ukraine (NABU). Based on the results of the research, a number of scientific results were obtained, including attention was drawn to the problems of challenges, threats and risks to national security and national interests of Ukraine in the modern conditions of a globalized world. Based on the study of the theoretical and methodological foundations of the administrative and legal mechanism for providing national security of Ukraine, there are formulated the features of the approach to the correct orientation of authorized state structures and institutions in the development and implementation of specific measures and actions to prevent, avoid or minimize negative results from certain challenges, threats and risks to national security. The classification of threats, challenges and risks to national security, the prevention of which may relate to the objects of activity of the National Anti-Corruption Bureau of Ukraine (NABU), is systematized. There are fo…
subject: ACTUAL DISCUSSIONS
  topic: section
subject: national security
  topic: keywords
subject: national interests
  topic: keywords
subject: challenges
  topic: keywords
subject: threats
  topic: keywords
subject: risks
  topic: keywords
subject: classification
  topic: keywords
subject: National Anti-Corruption Bureau of Ukraine
  topic: keywords
creator: Serhii Suhovetzkyj
rights: Copyright (c) 2025
date: 2025-07-30
publication date: 2025-07-30
starting page: 157
ending page: 163
doi: 10.35774/app2025.02.157

Mediation as a means of resolving conflicts in the educational environment
type: item
description: The article explores the nature and characteristics of conflicts in the educational environment. It analyzes the classification of conflicts in education based on key criteria such as the subject matter of the conflict (legitimization conflict, value conflict, informational conflict, power conflict, conflict over limited resources, expectation conflict, self-esteem conflict, and attributive conflict), the participants involved (student-to-student conflicts, student-teacher conflicts, conflicts among teachers, conflicts related to university administration and policies), and the level at which the conflict arises (between individuals at the same hierarchical level, between members of different hierarchical levels, between individuals and groups, between leaders and groups at different hierarchical levels, between two groups of the same level, and between two groups at different hierarchical levels with significant internal organizational distances, where the conflicting groups may have entirely different goals). A legal analysis is conducted, and the importance of resolving conflicts in the educational environment through mediation is substantiated, with particular focus on the fundamental principles of the mediation process. The article highlights the necessity of establishing mediation services in higher education institutions. Their role, scope, and target groups are analyzed. The experience of creating the first mediation services at universities in Ukraine is mentioned. The legislation that constitutes the legal basis for the functioning of mediation services in Ukraine is presented. Emphasis is placed on the need to develop mediation skills and competencies among participants in the educational process, particularly by involving students in school reconciliation service activities. Thus, conflicts in the educational environment are an integral part of the interaction of participants in the educational process and cover a wide range of subjects - from the clash …
subject: ACTUAL DISCUSSIONS
  topic: section
subject: educational environment
  topic: keywords
subject: mediation
  topic: keywords
subject: mediator
  topic: keywords
subject: mediation competencies
  topic: keywords
subject: mediation service
  topic: keywords
subject: school reconciliation service
  topic: keywords
subject: conflicts
  topic: keywords
subject: legal regulation
  topic: keywords
creator: Oksana Yaremko
creator: Svitlana Dziubak
rights: Copyright (c) 2025
date: 2025-07-30
publication date: 2025-07-30
starting page: 150
ending page: 156
doi: 10.35774/app2025.02.150

Form of state government as an element of the form of state: theoretical and legal research
type: item
description: The article explores the genesis of the form of the state. It is substantiated that the form of the state is an important problem of legal science. It is confirmed that the study of this problem began in the time of Aristotle, Ch.-L. Montesquieu, J.-J. Rousseau, and it was reflected in subsequent scientific developments. The form of the state is understood as a complex concept that characterizes the state from the position of the existing forms of government, forms of state structure and forms of state regime. All these elements (forms of government, forms of state structure, forms of state regime) have a legal basis – they are enshrined in the constitution, laws. However, the category «form of the state» has other approaches. Thus, the form of the state can be understood as a combination of forms of government and forms of state structure without taking into account the state regime. But this approach does not have wide support among researchers. The form of government is understood as two main forms: republic and monarchy. A republic is a form of state government in which all higher state bodies are elected by the population or are staffed by a national representative body of power. In the modern world, three types of republics are distinguished: parliamentary, presidential and mixed. The state structure characterizes the state from the point of view of its territorial division and the corresponding organization of state bodies and manifests itself in simple and complex forms. The state regime is a set of forms and methods of exercising state power by state bodies. The genesis of the form of government of the Ukrainian state is substantiated. Thus, out of the three elements of the form of state: the form of state government, the form of state structure, and the form of state (political) regime, the most important is the form of state government. It is in this direction that it is necessary to work, to develop it, and, taking into account A. Kolodiy's views, it is …
subject: ACTUAL DISCUSSIONS
  topic: section
subject: Form of state
  topic: keywords
subject: form of state government
  topic: keywords
subject: form of state system
  topic: keywords
subject: form of state regime
  topic: keywords
subject: justify the future form of government of the Ukrainian state
  topic: keywords
creator: Mykola Kravchuk
rights: Copyright (c) 2025
date: 2025-07-30
publication date: 2025-07-30
starting page: 145
ending page: 149
doi: 10.35774/app2025.02.145

Organisational and Legal Aspects of Providing Administrative Services
type: item
description: The organisational and legal foundations of administrative service provision in Ukraine as a component of effective public administration are examined. Particular attention is paid to the analysis of regulatory control over the activities of entities providing such services, in particular civil servants and local government officials. It is argued that it is the human factor – the professionalism, ethics and responsibility of the performers – that plays a decisive role in the quality of administrative services. The classification of administrative services, the legally established principles for their provision, and practical mechanisms for their implementation at the local level through administrative service centres are considered. The specific features of the official activities of officials in the field of administrative services, including the requirements of integrity and accountability, are highlighted. The provisions of the Law of Ukraine «On Prevention of Corruption» are analysed as the normative foundation for the formation of ethical behaviour of service providers. Particular attention is paid to the challenges that have arisen in the field of administrative services under martial law. The authors draw attention to the personnel, organisational and technical difficulties that accompany the provision of services under martial law. The content of new services introduced in response to the full-scale armed aggression of the Russian Federation against Ukraine is revealed, in particular, mechanisms for compensation for destroyed or damaged property. The importance of regulatory support for digitalisation, adaptation of procedures and mobility of administrative services is emphasised. The organizational and legal aspects of administrative service delivery in Ukraine are a complex, multidimensional area that encompasses regulatory frameworks, staffing, ethical standards, and institutional interaction. Civil servants and local self-government officials play a key…
subject: ACTUAL DISCUSSIONS
  topic: section
subject: administrative service
  topic: keywords
subject: civil servant
  topic: keywords
subject: administrative service centre
  topic: keywords
subject: local self-government
  topic: keywords
subject: public administration
  topic: keywords
creator: Viktoriia Ivaniuk
creator: Tetiana Kuz
creator: Vitalii Tymofeiev
rights: Copyright (c) 2025
date: 2025-07-30
publication date: 2025-07-30
starting page: 139
ending page: 144
doi: 10.35774/app2025.02.139