Actual problems of law (Aktual'ni problemi pravoznavstva)
Founder and publisher – West Ukrainian National University (USREOU 33680120; publisher DOI prefix 10.35774). (11 Lvivska St., Ternopil, 46009, Ukraine). Research Organization Registry (ROR) Search https://ror.org/047988g19 Year of foundation: 2011 The journal is registered as a media entity in accordance with the Decision of the National Council of Ukraine on Television and Radio Broadcasting dated 09.05.2024 No. 1561. Media ID R30-04422 Included in the list of professional publications of Ukraine in legal sciences by Order of the Ministry of Education and Science of Ukraine dated May 10, 2017 No. 693 . In accordance with the order of the Ministry of Education and Science of Ukraine «On approval of the decisions of the Attestation Board of the Ministry regarding the activities of specialised academic councils» No. 1643 dated December 28, 2019, the journal «Actual Problems of Law» is included in the list of printed scientific professional publications of Ukraine of category «B» («Legal Sciences», specialty 081). ISSN print 2524-0129 ISSN online 2664-5718 DOI: https://doi.org/10.35774/app The languages of the publication are Ukrainian, English, Polish. Frequency of publication – four times a year (release schedule in the «Announcements» section). The target readership of the journal – scientists and practitioners, teachers, graduate students, master's students, and undergraduates. The purpose of the scientific publication is to publish scientific developments on topical general theoretical and fields legal issues, proposals for legislation, analysis of law enforcement practice, research on the practice of the European Court of Human Rights and national courts, studying foreign experience in legal reform, understanding and ways to solve scientific and practical problems of international law and its implementation in the legal system of Ukraine, and experience of its integration into the legal system of the European Union. The journal's objectives: - to promote the dissemination of scientific information and scientific and practical experience in the field of jurisprudence; - to provide a platform for public communication between scientists and legal practitioners conducting research in various fields of legal science; - to present the results of dissertation research to the scientific community; - to publish scientifically based proposals for reforming the legal system of Ukraine, improving legislation, and developing the institutional system of state administration and local self-government; - to provide opportunities for young scientists to master the methodology of preparing and publishing scientific articles; - to introduce new scientific sources and materials into scientific circulation. Areas of research and issues Cluster – Law, Specialisation – D8 Law Issues Theory and history of state and law. History of political and legal doctrines. Philosophy of law. Constitutional law. Administrative law and process. Financial law. Information law. International law. Civil law and civil procedure. Family law. Private international law. Commercial law. Commercial procedural law. Criminal law and criminology. Criminal enforcement law. Criminal process and forensics. Forensic examination. Operational and investigative activities. Judiciary. Prosecutor's office and advocacy. Editor-in-Chief – Valentyna Sloma, Professor of the Department of Civil Law and Procedure, Acting Dean of the Faculty of Law of the West Ukrainian National University, Doctor of Law, Professor. Responsible for the release – Andrii Hrubinko, Professor of the Department of Theory of Law and Constitutionalism, West Ukrainian National University, Doctor of Historical Sciences, Professor. Editorial address: Mykulynetska St., 46a, room 209, Ternopil, 46400 (building of the Faculty of Law of the West Ukrainian National University). Correspondence address : zbirnykapp@wunu.edu.ua Website : appj.wunu.edu.ua Articles in the journal are published under CC BY-NC 4.0 Open Access Policy The journal practices a policy of immediate open access to published content, supporting the principles of free dissemination of scientific information and global knowledge exchange for the sake of general social progress. This journal uses Open Journal Systems 3.4.0.9, an open-source software package that supports journal management and publication processes. It is developed, maintained, and freely distributed by the Public Knowledge Project under the terms of the GNU General Public Licence.
Peculiarities of cassation review of judicial decisions in cases concerning the challenge of normative legal acts
Section: CONSTITUTIONAL LAW. ADMINISTRATIVE LAW AND PROCESS. FINANCE LAW. INFORMATION LAW. INTERNATIONAL LAW Keywords: cassation review, normative legal act, administrative judicial proceedings, the Supreme Court, legal certainty, court of law The article is devoted to a comprehensive study of the peculiarities of cassation review of judicial decisions in cases concerning the challenge of normative legal acts within the administrative judiciary of Ukraine. Particular attention is paid to the functional role of the cassation instance as a court of law, which ensures the review of the correct application of substantive and procedural law without re-examining the factual circumstances of the case. It is substantiated that the specific nature of this category of cases is determined by the public character of the dispute and the potential impact of a judicial decision on an indeterminate circle of persons, which enhances the importance of legal certainty and the uniformity of judicial practice. The regulatory framework governing cassation proceedings is analysed, in particular the provisions of the Code of Administrative Procedure of Ukraine concerning the grounds for cassation appeal, the limits of review, and the procedural «filters» for access to cassation consideration. Special attention is given to the correlation between the principle of the finality of judicial decisions and the task of ensuring the correct application of law in disputes concerning the legality of normative regulation. Drawing on judicial practice, it is demonstrated that cassation review in this category of cases has a clearly defined legal character and is aimed at ensuring that public authorities comply with the limits of their competence and the legally prescribed manner of its exercise. Furthermore, the study substantiates that the doctrinal clarification of the limits and functions of cassation review in cases concerning normative legal acts contributes to strengthening institutional trust in the judiciary and to enhancing the systemic coherence of administrative adjudication within the framework of the rule of law. The methodological framework of the study is based on the formal-legal, systemic-structural, and comparative-legal methods, as well as the method of analysis and generalization of judicial practice and doctrinal sources. The article concludes that cassation proceedings in cases challenging normative legal acts constitute a key instrument for ensuring the uniform application of law and the stability of normative regulation. Their effectiveness depends on strict compliance with the procedural limits of review, the proper substantiation of the grounds for cassation appeal, and the consistency of the legal positions of the Supreme Court, which is of fundamental importance for guaranteeing effective judicial protection in the sphere of public-law relations.
CONSTITUTIONAL LAW. ADMINISTRATIVE LAW AND PROCESS. FINANCE LAW. INFORMATION LAW. INTERNATIONAL LAW
Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
The subjective right to physical culture and sport in the system of constitutional human rights in Ukraine
Section: HISTORY AND THEORY OF STATE AND LAW Keywords: right to physical culture and sport, subjective right, constitutional human rights, physical culture, sport, human rights guarantees The article provides a comprehensive constitutional and legal analysis of the subjective right to physical culture and sport within the system of constitutional human rights in Ukraine. It is substantiated that the right to physical culture and sport has an independent meaning, while being closely interconnected with such fundamental rights as the right to health care, the right to rest, the right to education and the right to free development of the personality. The provisions of the Constitution of Ukraine, national legislation and international acts in the field of human rights that directly or indirectly enshrine the right of a person to engage in physical culture and sport have been analyzed. It has been established that the right to physical culture and sport is an independent subjective constitutional right, which is simultaneously integrated into the system of social and cultural human rights. Its legal nature is based on the provisions of the Constitution of Ukraine, in particular Articles 3, 49 and 50, as well as on special legislation in the field of physical culture and sport. This right combines an individual legal aspect, which provides an opportunity for a person to independently implement physical culture and sport, and a social and legal aspect, which provides for the state’s obligations to create conditions for mass, accessible and inclusive sports. The content, signs and features of the implementation of the subjective right to physical culture and sport are determined, as well as the range of its subjects and the state’s obligations to create appropriate conditions for its implementation. The social significance of the specified right in the context of modern challenges is emphasized, considering the need to ensure the health of the nation, social integration and inclusion. The conclusion is made on the expediency of further improving the constitutional and legal mechanism for guaranteeing and implementing the right to physical culture and sport in Ukraine.
Current Issues in the Implementation of the Right to Compensation for Damaged or Destroyed Real Estate by Foreigners who Have Immigrated to Ukraine for Permanent Residence
Section: CIVIL LAW AND CIVIL PROCESS. FAMILY LAW. INTERNATIONAL PRIVATE LAW. COMMERCIAL LAW. COMMERCIAL-PROCEDURAL LAW. Keywords: compensation, damaged/destroyed real estate, foreigners, immigrants, local authorities, property rights, protection of rights, housing policy, armed aggression The article deals with the current issues related to the implementation of the right to compensation for damaged or destroyed real estate by foreigners who have immigrated to Ukraine for permanent residence. The provisions of the Constitution, international legal instruments, as well as civil and special legislation are analysed. In the course of the study, a systemic-structural approach, a legal-dogmatic method, an interpretation of legal norms, and a comparative law method were employed. It is established that immigrant foreigners are full participants in civil legal relations, have the right to acquire ownership of real estate, use and dispose of it, and are entitled to adequate legal protection in the event of its damage or destruction. The analysis of national legislation and judicial practice made it possible to conclude that neither the procedure established by the Law of Ukraine No. 2923-IX nor the existing procedure for civil proceedings ensures effective protection of the right to compensation for damaged or destroyed real estate for foreigners permanently residing in Ukraine. The national compensation mechanism is inaccessible to them due to restrictions on the range of eligible persons; the judicial mechanism, although formally available following changes in the approach to jurisdictional immunity, remains ineffective due to the impossibility of enforcing relevant court decisions, while international mechanisms are characterized by a prolonged and uncertain implementation period. It is proposed expanding the list of persons entitled to compensation for damaged or destroyed real estate under the Law of Ukraine No. 2923-IX, in particular by granting such a right to foreigners who have immigrated to Ukraine for permanent residence. This would contribute to ensuring the principles of equality, non-discrimination, and effective protection of property rights.
CIVIL LAW AND CIVIL PROCESS. FAMILY LAW. INTERNATIONAL PRIVATE LAW. COMMERCIAL LAW. COMMERCIAL-PROCEDURAL LAW.
Institutional role of the state financial monitoring service of Ukraine in the financial intelligence system in the context of applying civil confiscation mechanisms
Section: CRIMINAL LAW AND CRIMINOLOGY. THE PENAL LAW. CRIMINAL PROCEDURE AND CRIMINALISTICS. FORENSIC EXAMINATION. OPERATIONAL AC Keywords: financial intelligence, State Financial Monitoring Service of Ukraine, civil confiscation, illicit enrichment, FATF, financial crimes, international cooperation The article examines the institutional role of the State Financial Monitoring Service of Ukraine as a key subject of the national financial intelligence system in the context of applying civil confiscation mechanisms. It is emphasized that under conditions of armed aggression, expansion of sanctions regimes, and the growth of transnational financial crime, civil confiscation becomes an effective financial-legal instrument for depriving illicit assets without the necessity of a criminal conviction. Considering contemporary legal, technological, institutional, and international challenges, the main directions for reforming the activities of the State Financial Monitoring Service of Ukraine are identified. Particular attention is paid to strengthening its analytical and preventive functions, improving interagency coordination with law enforcement bodies, anti-corruption institutions, and judicial authorities, as well as enhancing international information exchange within global financial intelligence networks. The article presents a comparative analysis of foreign experience in the application of civil confiscation mechanisms in the United Kingdom, the United States, France, and Italy. This analysis makes it possible to identify effective models of institutional interaction and legal regulation that may be adapted to the Ukrainian legal system, taking into account national specificities and European integration priorities. Special focus is placed on the correlation between civil confiscation mechanisms and the principles of the rule of law, protection of property rights, and compliance with the standards of the European Convention on Human Rights. This issue is of particular importance in the context of Ukraine’s obligations arising from the European integration process. The necessity of improving the legislative framework governing civil confiscation is substantiated, with due regard to the case law of the European Court of Human Rights and the recommendations of the Financial Action Task Force (FATF). The study employs a set of general scientific and specialized legal research methods, including systemic-structural, formal-legal, comparative-legal, and functional approaches. Elements of case-law analysis and an institutional approach were also applied to assess the effectiveness of civil confiscation mechanisms. The article also justifies the need to enhance the analytical capacity of financial monitoring through the implementation of risk-based approaches and the use of big data analytics and artificial intelligence technologies. It is concluded that strengthening the institutional role of the State Financial Monitoring Service of Ukraine and improving coordination mechanisms will increase the effectiveness of combating illicit assets and ensure the sustainable development of the national financial security system.
CRIMINAL LAW AND CRIMINOLOGY. THE PENAL LAW. CRIMINAL PROCEDURE AND CRIMINALISTICS. FORENSIC EXAMINATION. OPERATIONAL AC
State Financial Monitoring Service of Ukraine
Institutionalization of Legal Institutions as a Theoretical and Methodological Basis for the Study of Legal Clinics
Section: HISTORY AND THEORY OF STATE AND LAW Keywords: legal institution, institutionalization, legal system, legal regulation, social practices, legal clinics, legal education The article provides a comprehensive theoretical and methodological analysis of approaches to understanding the institutionalization of legal institutions in contemporary legal science. It is substantiated that institutionalization should be considered as a complex multi-level process that includes the formation, legal formalization, organizational structuring, and functional stabilization of socially significant legal practices. The main scientific approaches to the interpretation of institutionalization are identified, including normative, socio-legal, and comprehensive (institutional) approaches, and their heuristic potential for the study of modern legal phenomena is examined. The research methodology is based on a complex combination of several methods. The comparative method is used to study the use of legal terminology, a doctrinal analysis of modern scientific literature is carried out, and individual legislative provisions are studied using the analysis and synthesis method. The study demonstrates the limitations of the purely normative approach, which fails to take into account the social nature of legal institutions, and justifies the need for a comprehensive approach that integrates normative, organizational, and functional dimensions. Particular attention is paid to the relationship between formal and informal components of institutionalization, which significantly influence the effectiveness of legal institutions in practice. It is argued that the level of institutionalization depends not only on the existence of legal regulation, but also on the degree of social recognition, stability of practices, and integration into the legal system. The applicability of these theoretical approaches to the study of legal clinics as a specific type of legal institution operating at the intersection of legal and educational systems is substantiated. It is concluded that the use of a comprehensive methodological framework provides a solid basis for further comparative legal analysis of the institutionalization of legal clinics.
Modern international law: challenges of war and prospects of Ukraine's European integration
Section: CONSTITUTIONAL LAW. ADMINISTRATIVE LAW AND PROCESS. FINANCE LAW. INFORMATION LAW. INTERNATIONAL LAW Keywords: international law, European integration, international legal obligations, international legal standards, martial law, legality The article examines the impact of contemporary international law on Ukraine’s European integration process under conditions of armed aggression. Particular attention is paid to the interaction between the implementation of the EU acquis communautaire and the application of international humanitarian law and international criminal law during wartime. The study substantiates that compliance with international legal obligations in the fields of human rights protection, accountability for war crimes, and the rule of law constitutes not only a source of international legitimacy for Ukraine, but also a fundamental prerequisite for sustainable progress toward EU membership. The article analyzes the legal framework of Ukraine’s European integration course, including the Association Agreement with the European Union, constitutional provisions, and sectoral legislation in the areas of justice and anti-corruption policy. The experience of selected EU Member States in implementing international legal standards during the accession process is summarized, and key lessons relevant to Ukraine are identified, taking into account the specific challenges caused by the ongoing armed conflict. The research highlights both positive and risk-related factors influencing Ukraine’s EU accession prospects in the context of the application of international law. Based on the conducted analysis, the article proposes a three-track model for reconciling European integration reforms with national security imperatives. The article concludes that an adaptive and prioritized implementation of the EU acquis, combined with effective international cooperation and controlled emergency measures, can preserve the trust of international partners and provide a stable foundation for Ukraine’s gradual and credible integration into the European Union, even under conditions of ongoing armed conflict.
Directions for increasing the powers of city councils in the sphere of economic relations
Section: CIVIL LAW AND CIVIL PROCESS. FAMILY LAW. INTERNATIONAL PRIVATE LAW. COMMERCIAL LAW. COMMERCIAL-PROCEDURAL LAW. Keywords: relocation, local governments, city councils, communes, counties, powers, economic relations, municipalities Relevance of the study. The powers of city councils in the field of economic relations allow them to more effectively and promptly resolve urgent issues that arise in the specified area. Legislative transformations within the specified area determine the state of decentralization of a country in the specified area. The study of the legal principles of the development of legal regulation of strengthening the powers of city councils in the economic sphere at the level of different legal systems will make it possible to establish the features and advantages of the specified issue. The purpose of the study is to systematize and present the characteristics of the directions of increasing the powers of city councils in the field of economic relations at the level of different legal systems. Research methodology. The presented work was carried out using a survey analysis of the regulatory and legal framework and analytical materials. A comparative analysis was also used, with the help of which the positions of the authors on this issue were compared. Research results. It was established that at the current stage, at the level of legal systems, a number of directions for increasing the powers of local government bodies (including city councils) in the field of economic relations are presented. These transformations are due to the need to improve the activities of the specified entities in terms of the implementation of powers, the implementation of which contributes to supporting the development of territorial communities in the economic sphere. Among the main areas of increasing the powers of local governments (including city councils) in the field of economic relations, provided for by the legislation of Ukraine, we can highlight: increasing powers in the area of financial support for the restoration and maintenance of the infrastructure of territories in wartime conditions; supporting internally displaced enterprises (relocated businesses) in the context of their placement within the territories, restoring production and preserving labor resources. At the level of Polish legislation, the most important area in the specified area is: increasing the financial support of local budgets to improve the management of the infrastructure of territories (including in the economic sphere). In the context of reforming the legislation of the Czech Republic, it is provided, in particular: the authority of intermunicipal cooperation to optimize the implementation of tasks in the main areas of activity (including economic), which can be implemented through institutional transformations associated with increasing the powers of the association of municipalities.
Modern Approaches in Money Laundering Cases: Analysis of a Review of German and EU Court Decisions (2025)
Section: CRIMINAL LAW AND CRIMINOLOGY. THE PENAL LAW. CRIMINAL PROCEDURE AND CRIMINALISTICS. FORENSIC EXAMINATION. OPERATIONAL AC Keywords: money laundering, § 261 StGB, judicial doctrine, self-laundering, predicate offense, AML, risk-based approach, asset confiscation, naming and shaming, ne bis in idem This article presents a doctrinal legal analysis of court decisions in cases concerning money laundering (ML) rendered in 2025, with due regard to § 261 of the German Criminal Code (Strafgesetzbuch, StGB) and the provisions of the German Anti-Money Laundering Act (Geldwäschegesetz, GwG). The study is based on a review of eleven selected court decisions prepared by German scholars M. El-Ghasi and J. Klotz and published in the specialized legal journal Geldwäsche & Recht [1]. The court decisions are examined using a unified analytical framework that encompasses the factual background of the case, the key legal issue, the relevant normative context, the reasoning of the court, and the resulting doctrinal conclusions. On this basis, the study systematizes current doctrinal approaches reflected in the judicial practice of German and EU courts concerning the interpretation and application of criminal law and related mechanisms for combating money laundering (AML). The subject of the study is judicial practice in ML cases as understood in German legal doctrine. The analysis covers approaches developed by German and EU courts with respect to the interpretation and application of § 261 StGB, the GwG, and Directive (EU) 2015/849, in particular regarding the qualification of money laundering, the limits of criminal liability for self-laundering, procedural standards for criminal prosecution and asset confiscation, as well as the interaction between criminal law and AML mechanisms, including compliance obligations and financial supervision. The focus of the study lies in identifying and systematizing doctrinally significant legal positions emerging from judicial practice in ML cases. Court decisions are considered not as independent empirical material, but as a source of legal reasoning relevant to understanding the institutional logic of the criminalization of money laundering. In particular, the study examines the distinction between predicate offenses and autonomous money laundering offenses; the interpretation of the self-laundering exception under § 261(7) StGB and the criteria for the criminal liability of predicate offenders; procedural limits on the application of the ne bis in idem principle and the standard of initial suspicion; and the role of asset confiscation and related non-criminal instruments within the integrated AML framework. The methodological basis of the study consists of a structured analysis of court decisions using a unified scheme (factual circumstances – legal issue – normative context – judicial reasoning – doctrinal conclusion). The research employs a formal-dogmatic method to analyze criminal, criminal-procedural, and administrative AML norms; a functional-teleological method to assess the criminal-law significance and regulatory objectives of AML measures; and a systemic method to conceptualize AML as an integrated set of criminal-law, procedural, confiscation-related, and compliance instruments. The scientific value of the study lies in its doctrinal interpretation of selected representative court decisions of German and EU courts in the field of anti-money laundering, as well as in elucidating the institutional logic of ML criminalization in German and EU law based on judicial reasoning. The findings contribute to a methodologically sound understanding of foreign judicial practice, reduce the risks of its uncritical reception in national legal discourse, and deepen the doctrinal understanding of money laundering as an autonomous criminal-law phenomenon.
Some peculiarities of using interrogation results under martial law
Section: CRIMINAL LAW AND CRIMINOLOGY. THE PENAL LAW. CRIMINAL PROCEDURE AND CRIMINALISTICS. FORENSIC EXAMINATION. OPERATIONAL AC Keywords: interrogation, martial law, collaboration activity, prisoners of war, admissibility of evidence, human rights, psychological vulnerability, criminal proceedings The article examines the procedural aspects of using the results of interrogation as a source of evidence in criminal proceedings under martial law. It analyzes the current legislation governing the questioning of witnesses, victims, suspects, prisoners of war, and persons with related status, taking into account the conditions of armed conflict while ensuring compliance with the constitutional rights and freedoms of the persons being questioned. The study explores current issues concerning the admissibility of testimony obtained in emergency situations, the impact of the interviewees’ psycho-emotional state, failures to observe procedural safeguards, and moral pressure that restricts rights and freedoms. The specific features of interrogation in criminal proceedings related to crimes against the foundations of national security are substantiated, including high treason, collaboration activities, war crimes, and crimes against humanity. A distinctive characteristic of such proceedings is that they are marked not only by high legal complexity but also by strong emotional intensity, which significantly affects the behavior of both the persons questioned and investigators. The necessity of adapting investigative tactics to the conditions of armed conflict is emphasized, along with the introduction of specialized methods for working with individuals suffering from post-traumatic stress disorder and ensuring appropriate support from defense attorneys, psychologists, and medical professionals. Considerable attention is devoted to international legal aspects, including compliance with the provisions of the Geneva Conventions, the Convention for the Protection of Human Rights and Fundamental Freedoms, and the standards of the International Criminal Court regarding the admissibility of evidence. The importance of strict adherence to the principles of legality, humanism, and the rule of law is demonstrated as a foundation without which it is impossible to ensure the legitimacy of interrogation results at both the national and international levels.
Administrative and legal mechanism of public procurement: conceptual principles and component elements
Section: CONSTITUTIONAL LAW. ADMINISTRATIVE LAW AND PROCESS. FINANCE LAW. INFORMATION LAW. INTERNATIONAL LAW Keywords: administrative and legal mechanism, public procurement, public interest, administrative regulation, digitalization, anti-corruption safeguards, financial control, public finance governance, electronic procurement system The article provides a comprehensive theoretical and legal analysis of the administrative-legal mechanism of public procurement as a holistic system aimed at ensuring public interests in the management of budgetary resources. The conceptual foundations of the mechanism are considered in the light of the provisions of the Constitution of Ukraine and the Law of Ukraine «On Public Procurement», as well as modern doctrinal approaches in the theory of administrative law. It is substantiated that the administrative-legal mechanism of public procurement is a multi-level regulatory structure that combines regulatory, institutional, procedural, financial, digital and supervisory elements into a single functional system. Within the framework of the general theory of administrative law, such a mechanism is understood as a structured complex of legal means, organizational forms, procedural algorithms and institutional subjects aimed at regulating a certain sphere of public relations. In the field of public procurement, this mechanism acquires particular complexity due to its intersection with public finance management, competition policy, anti-corruption guarantees and digital management. Particular attention is paid to the transition to digitalization in the field of public procurement, in particular through the use of the electronic procurement system ProZorro. This system serves as a mechanism for digital processes, where legally important actions are performed using electronic procedures based on algorithms. The transition to digital technologies changes administrative judgments, increases transparency, strengthens competition and introduces automated tools that signal potential risks as preventive measures against corruption. The study also highlights the emphasis on combating corruption within the framework of the mechanism, which affects all its components. Preventive measures, monitoring tools, administrative review processes and accountability mechanisms together create a compliance-oriented governance model. In the context of European integration, the mechanism operates under several layers of regulatory influence, which requires alignment with EU procurement recommendations, especially in terms of transparency, fairness and effective legal response. The research methodology consists of a combination of general scientific and special legal methods, among which the dialectical method, system analysis and synthesis are necessarily used. In addition, to ensure the study of public procurement, comparative legal and functional methods are used.
Section: CIVIL LAW AND CIVIL PROCESS. FAMILY LAW. INTERNATIONAL PRIVATE LAW. COMMERCIAL LAW. COMMERCIAL-PROCEDURAL LAW. Keywords: writing, creativity, official duties, intellectual property object, intellectual property, copyright holder The article is devoted to the concept and characteristics of works created in the course of employment. Particular attention is paid to issues of legal regulation of creative contributions, determination of the scope of property rights and remuneration, as well as ensuring a balance between the interests of the state and the author (creator). Attention is drawn to the inconsistency of terminology in legislation, in particular the use of two terms: “works created in the course of employment” and “object created in connection with the performance of official duties”. It is emphasised that in the legislation of different countries, the interpretation of a work created in the course of employment depends on the state of economic relations and national traditions in the field of creative activity. It is emphasised that a work for hire is not only the result of the creative, intellectual work of an employee, but also the product of organisational, material, technical and legal interaction between the employee and the employer. This indicates that a work for hire does not arise in isolation, but is the result of systematic coordination of activities and resources provided by the employer. The main feature of a work created in the course of employment is that it is created in connection with the performance of official duties, which gives rise to complex legal relationships in the field of works created in the course of employment. The scope of the employer’s powers with regard to a work created in the course of employment depends on the field of its use, in particular in the activities of military personnel and in the IT sector. Attention is focused on current judicial practice regarding property copyrights to works created in the course of employment, in particular on the legal positions of the Supreme Court, which confirm the preservation of copyright protection for works created in the course of employment regardless of their inclusion in official documents. The need for clear contractual and regulatory regulation of the legal regime for works created in the course of employment, taking into account the specifics of the individual areas of their creation and use, is justified. The following characteristics of a work for hire are highlighted: the presence of all the characteristics of a work; creation in connection with the performance of labour (official) duties provided for in the employment contract, job description or separate instructions from the employer; the purpose of the task of creating the work is in the interests of the employer; the possibility of creating the work using the employer’s material and technical resources. The article is of practical importance for improving legislation in the field of works created in the course of employment and for developing effective mechanisms for their legal protection and use.
Legal status of platform workers: problems of definition and social significance
Section: CIVIL LAW AND CIVIL PROCESS. FAMILY LAW. INTERNATIONAL PRIVATE LAW. COMMERCIAL LAW. COMMERCIAL-PROCEDURAL LAW. Keywords: labor relations, labor rights, platform work, employee, employment, decent work, digitalization, innovative technologies, social protection, social guarantees, European regulatory standards This article identifies the legal status of platform workers in the context of the rapid development of digitalization in the labor market. The study's methodological basis is a combination of formal legal and comparative legal analysis, applying a doctrinal approach to understanding the transformation of labor relations in the digital environment. This article examines the nature of the legal relationship between a digital platform and a contractor. Unlike traditional employment, platform employment is characterized by the fact that online services and platforms act not as employers but as intermediaries, enabling one party to submit a request for a task and the other to perform it in accordance with their competencies. This article analyzes the transformational processes of labor relations arising from the use of digital platforms as intermediaries between clients and contractors. It identifies the key risks associated with the uncertainty of the legal status of platform workers, which complicates their legal qualifications and creates the preconditions for limiting labor and social guarantees. It is substantiated that the lack of clear criteria for distinguishing between labor and civil law relations requires doctrinal understanding and regulatory improvement. The urgency of addressing these issues to ensure decent working conditions and social stability is emphasized. It is established that legal uncertainty leads to gaps in the provision of basic labor and social guarantees. Individuals whose activities are mediated by digital platforms are exposed to complex legal, social, and economic risks, including job instability and limited access to the social security system. Areas for adapting national legislation to the modern requirements of the digital economy are outlined. The introduction of a minimum mandatory social security package, including paid leave, accident insurance, and other social guarantees, is proposed. The implementation of these measures will contribute to the development of a balanced and stable legal model for regulating platform employment in Ukraine.
Subjects of forming the constitutional and legal policy in the field of human rights
Section: CONSTITUTIONAL LAW. ADMINISTRATIVE LAW AND PROCESS. FINANCE LAW. INFORMATION LAW. INTERNATIONAL LAW Keywords: constitutional and legal policy, human rights, lawmaking activity, subject of lawmaking activity, , subject of lawmaking initiative, subject of ensuring a lawmaking activity, interested persons The priority direction of the constitutional and legal policy of the state is the establishment, provision and guarantee of human and citizen rights and freedoms at the legislative level. However, law-implementing practice demonstrates the existing formal and legal shortcomings of the current legislation and the declarative nature of the provisions of the current Constitution of Ukraine. The problem of efficiency of law-implementing practice is mostly caused by not always high-quality content of legal policy, which is mediated by the systematic and coordinated activity of the subjects of forming the constitutional and legal policy in the field of human rights. Taking this into account, the purpose of this study is to identify the participants of lawmaking activity who directly form the constitutional and legal policy in the field of human rights. There applied the provisions of the dialectical approach, methods of systemic-structural, deduction and induction, analysis and synthesis, the combined use of which made it possible to formulate the main boundaries of the study of the issue, as well as to carry out an appropriate search for ideas and conclusions regarding the features of constitutional and legal policy in the field of human rights and the subjects of its formation. Based on the analysis of doctrinal and normative sources, the authors conclude that constitutional and legal policy in the field of human rights is the activity of state authorities and local self-government bodies to produce legal ideas of a strategic nature by the participation of civil society institutions, which are embodied in legal acts aimed at improving the mechanism of constitutional and legal regulation and protection of social relations in the field of human rights. Systematic, coordinated activity of subjects of forming the constitutional and legal policy in the field of human rights is the key to the quality of this policy and the efficiency of law-implementing practice.
subject of ensuring a lawmaking activity
Legal Regulation of Biotechnology Use: Certain Perspectives for Legislative Reform
Section: CIVIL LAW AND CIVIL PROCESS. FAMILY LAW. INTERNATIONAL PRIVATE LAW. COMMERCIAL LAW. COMMERCIAL-PROCEDURAL LAW. Keywords: biotechnology, legal regulation, intellectual property, healthcare, pharmacy From year to year, the value of the global biotechnology market is growing, which is associated with a number of factors, including the expansion of the areas of use of biotechnology (from agriculture, the food industry to medicine, pharmacy and even the fashion industry). At the same time, the legal regulation of biotechnology is fragmentary both at the level of national legislation and at the level of international legislation. The article analyzes the current legislation on the legal regulation of the use of biotechnology through the prism of the prospects for its reform and reform of the legislation of the European Union. The research methodology is based on a complex combination of several methods. The comparative method is used to study the use of legal terminology, a doctrinal analysis of modern scientific literature is carried out, and individual legislative provisions are studied using the analysis and synthesis method. The progress of the use of biotechnology in medicine and pharmacy requires the formation of an appropriate legal framework. The draft Civil Code of Ukraine (Code of Private Law) No. 14394 of 22.01.2026 in Article 308 proposes to enshrine the right of an individual to bodily integrity, including with regard to making decisions on biotechnological interventions. The EU is currently working on adopting a Regulation on establishing a framework of measures for strengthening Union’s biotechnology and biomanufacturing sectors particularly in the area of health, which will aim to strengthen the EU's competitiveness in the field of pharmaceuticals by removing regulatory barriers and creating an environment with uniform standards for clinical trials. In the context of legal protection of intellectual property rights for biotechnological inventions, the legal framework should contribute to achieving a balance between stimulating research, developing innovation and ensuring public interests in the field of health.
Administrative liability of military personnel under martial law in Ukraine: problems of law enforcement
Section: CONSTITUTIONAL LAW. ADMINISTRATIVE LAW AND PROCESS. FINANCE LAW. INFORMATION LAW. INTERNATIONAL LAW Keywords: administrative proceedings, special guarantees, military personnel, disciplinary liability, administrative jurisdiction, the Code of Administrative Offenses, the principle of «non bis in idem», human rights, judicial practice, martial law The article examines the peculiarities of legal regulation and practice of bringing military personnel to administrative responsibility under martial law in Ukraine, taking into account their special administrative and legal status. The interaction of the norms of administrative and military legislation, which provides for the priority of disciplinary liability while maintaining the possibility of bringing military personnel to administrative responsibility in court in cases provided for by law, is analyzed. Particular attention is paid to the problems of law enforcement related to the distinction between disciplinary and administrative liability, in particular in cases where different types of legal liability are applied for the same act, which contradicts the principle of non bis in idem and constitutional guarantees. It has been established that the principle of non bis in idem performs the function of a procedural safeguard against repeated and excessive punishment, but does not exempt military personnel from legal liability. The paper analyzes the judicial practice of the Supreme Court and the European Court of Human Rights, which demonstrates the need to comply with procedural guarantees, ensure the right to defense, as well as compliance with special rules for administrative detention and medical examination for intoxication. Systemic problems of the application of administrative responsibility of military personnel are considered, in particular, conflicts between the norms of the Code of Ukraine on Administrative Offenses and the Disciplinary Statute of the Armed Forces of Ukraine, difficulties in law enforcement and limited access to participation in court hearings in connection with the performance of combat missions. The need to introduce clear criteria for determining the corpus delicti, specialized mechanisms of legal assistance, digitalization of procedural procedures and integration of military registration systems with court registers was emphasized. The conclusions of the article confirm that the priority of disciplinary liability does not exempt the state from the obligation to ensure the standards of fair conduct and protection of human rights under martial law, and compliance with the principle of non bis in idem is key to the legality and effectiveness of administrative and jurisdictional proceedings against military personnel. The methodological basis of the study is made up of general scientific and special legal methods of cognition, in particular formal legal, system-structural, comparative legal methods, as well as the analysis of the judicial practice of the Supreme Court and the European Court of Human Rights.
Some issues of annual lump sum payments to combatants
Section: CONSTITUTIONAL LAW. ADMINISTRATIVE LAW AND PROCESS. FINANCE LAW. INFORMATION LAW. INTERNATIONAL LAW Keywords: social protection, short one-time penny payment, social assistance, combat participants, veterans of the war The purpose of the article is to analyze problematic issues regarding the type, purpose, functions, procedure for appointment, and amount of the annual one-time cash payment for the Independence Day of Ukraine to participants in hostilities and to make proposals for their resolution. The research methodology is based on a combination of systemic, comparative legal, and formal legal analysis aimed at identifying the content, type, purpose, and functions of social benefits in the system of social protection for war veterans. The work notes that the annual one-time cash payment to combatants, by its legal nature, is social assistance of an auxiliary nature, the purpose of which is to ensure comfortable conditions for their livelihoods. The annual lump sum payment performs a compensatory function, which consists in compensating for physical and moral stress associated with performing duties in particularly dangerous conditions. Based on the results of the study, it was concluded that it is advisable to devote a separate article to this payment in the Law of Ukraine «On the Status of War Veterans, Guarantees of Their Social Protection» dated October 22, 1993 No. 3551-XII, which would determine the legal nature, purpose, functions and fixed amount depending on the minimum pensions by age. Such proposals would comply with the principle of realism defined in the Strategy of Veteran Policy for the Period Until 2030 Strategy of Veteran Policy for the Period Until 2030, approved by the Order of the Cabinet of Ministers of Ukraine dated November 29, 2024 No. 1209-р. The author expresses the opinion that social justice and gratitude of society for the contribution of veterans to preserving Ukrainian statehood should become part of state policy. That is why the opinion of the judges of the Constitutional Court of Ukraine, set out in the Decision of February 27, 2020 No. 3-r/2020, that «…the state’s failure to fulfill social obligations towards war veterans, persons covered by Law No. 3551, undermines trust in the state… Limiting or canceling benefits for war veterans, persons covered by Law No. 3551, without their equivalent replacement or compensation is a violation of the state’s obligations regarding the social protection of persons who defended the Fatherland and their family members, is correct».
Legal regulation of usufruct in the legislation of European countries
Section: CIVIL LAW AND CIVIL PROCESS. FAMILY LAW. INTERNATIONAL PRIVATE LAW. COMMERCIAL LAW. COMMERCIAL-PROCEDURAL LAW. Keywords: usufruct, thing, property, property rights, usufructuary, bare owner The institution of usufruct, developed by Roman jurists, has had a significant impact on the evolution of modern property law. For its proper implementation and development in Ukraine, a thorough analysis of the civil law systems of European countries that have adopted this institution and have long-standing experience in its effective application to the regulation of property relations is of crucial importance. Among such countries are, first and foremost, the Germany and the France, whose civil legislation provides for comprehensive and systematic regulation of the right of usufruct. The article outlines the main provisions of usufruct under the French Civil Code and the German Civil Code (Bürgerliches Gesetzbuch), including the concept of usufruct, the grounds for its creation and termination, as well as the rights and duties of the usufructuary and the owner. Emphasis is placed on the similarities and differences in their regulation. In addition, certain aspects of usufruct under the civil legislation of Italy and Poland are compared. The purpose of the study is to examine the peculiarities of the legal regulation of usufruct in the legislation of European countries. The research employs comparative-legal, formal-legal, and systemic-structural methods. It is concluded that, despite the differences characteristic of particular legal systems, there is, in general, a unified approach to the legal nature of usufruct. The general rule is confirmed that the right of usufruct is possible only in cases of using a thing while preserving its substance. During use, changes in the condition of the property are permissible as long as they do not affect the possibility of restoring it to its previous state after the termination of the usufruct. Attention is drawn to the fact that in French and German civil legislation, despite the broad scope of the usufructuary’s powers – including the right to use the property “as the owner himself” – the usufructuary does not become the owner of the property during the usufruct, but remains a user of another’s property. A similar approach can be observed in other European legal systems, particularly in the Italian Civil Code and the Polish Civil Code.
Problematic aspects of the application of arbitration and insolvency institutions to protect the rights of creditors of debtor limited liability companies
Section: CIVIL LAW AND CIVIL PROCESS. FAMILY LAW. INTERNATIONAL PRIVATE LAW. COMMERCIAL LAW. COMMERCIAL-PROCEDURAL LAW. Keywords: creditor, debtor, court act, arbitration clause, arbitration agreement, commercial court, arbitration Relevance of the study. The right or interest of the interested creditor person must be protected by the commercial court in a way that is effective, that is, that corresponds to the content of the relevant right or interest, the nature of its violation by the debtor-company and the consequences caused by these actions. The purpose of the article is to study the problematic aspects of the application of arbitration and insolvency institutions in order to protect the rights of creditors of limited liability companies-debtors. The work uses a set of general scientific and special methods: system-structural analysis to study the mechanisms of protection of creditors of insolvent companies; comparative legal method for analyzing the procedural tools for the creditor's exercise of the right to protect property rights under the condition of improper fulfillment of a monetary obligation by an insolvent business entity, namely legal proceedings through the use of an arbitration clause and court bankruptcy procedures for the debtor company; the method of generalizing judicial practice in disputed legal relations. Research results. The author stated that the commercial court in whose proceedings the bankruptcy of the insolvent business entity is pending is deprived of a proper and sufficient legally stipulated legal mechanism in order to ensure a full and comprehensive study of all the circumstances specified in the statement of the initiating creditor and the response of the debtor company, taking into account the admissibility, reliability and sufficiency of the evidence provided by the participants in the case, in confirmation or refutation of their claims and objections. This gap in competition legislation often causes the impossibility of proper and effective protection of the legal rights and interests of creditors in a practical aspect. The author established that the dispute between the participants in the legal relationship (the creditor and the debtor company) is resolved in the legal proceedings, and in the bankruptcy case – the commercial court verifies and controls the validity of the creditor's property (monetary) claims against the debtor company. If there is a dispute about the right, then this circumstance excludes the issuance of a decision to open bankruptcy proceedings, as a result of which the state court refuses to satisfy the applicant's demands. It was established that in the future the initiating creditor can use the procedural mechanism of the arbitration clause to protect its rights. The author proposed to return in law enforcement to the conclusions set forth in the resolutions of the Supreme Court regarding the legality and validity of consideration by local and appellate commercial courts of cases on the merits of the dispute, along with ensuring that the relevant judicial bodies properly investigate the circumstances of the validity, validity and enforceability of arbitration agreements.
Legal measures of a cassational appeal against decisions of the court of first instance and decisions of the court of appeal in administrative proceedings
Section: CONSTITUTIONAL LAW. ADMINISTRATIVE LAW AND PROCESS. FINANCE LAW. INFORMATION LAW. INTERNATIONAL LAW Keywords: cassation appeal, administrative proceedings, cassation filters, procedure, judicial review, admissibility of the complaint Relevance. The legal dimension of cassational appeal in Ukrainian administrative proceedings requires comprehensive analysis in the context of ongoing judicial reforms and European integration. Contemporary challenges include the need for effective judicial control mechanisms, uniform application of legal norms, and implementation of "cassational filters" that impact access to justice. Recent amendments to procedural legislation and evolving judicial practice necessitate examination of cassational procedures to ensure compliance with European standards of justice. Research objective. This study aims to analyze the legal dimension of cassational appeal procedures for first instance and appellate court decisions in Ukrainian administrative proceedings. The research evaluates the role of cassational courts in ensuring justice and legality while examining fundamental principles including the rule of law, legal certainty, and access to justice. The study identifies existing gaps in legislation and judicial practice, proposing solutions for enhancing cassational control mechanisms. Research methodology. The research employs a multidisciplinary methodological approach combining comparative legal analysis, systematic analysis of current legislation, and examination of judicial practice. The study utilizes formal-logical methods for analyzing legal concepts and institutions, comparative methodology for evaluating international experience in cassational proceedings, and empirical analysis of court decisions to identify practical challenges and trends. The research also incorporates elements of sociological and statistical analysis to assess the effectiveness of cassational procedures and their impact on access to justice. Research results. The study reveals significant challenges in the current system of cassational appeals in administrative proceedings, including limitations in cassational court powers, procedural inefficiencies, prolonged case review periods, and unequal access to justice. The analysis demonstrates that the implementation of cassational filters in minor cases, while intended to reduce judicial workload, has created additional barriers to effective legal protection. The research identifies key areas requiring legislative and procedural improvements, including enhanced clarity in cassational grounds, streamlined procedures for case admission, and better integration of European standards of judicial review. The findings contribute to the development of recommendations for reforming administrative court proceedings and improving the overall effectiveness of judicial control mechanisms in Ukraine.
Prospects of legislative regulation in the sphere of state veteran policy
Section: CONSTITUTIONAL LAW. ADMINISTRATIVE LAW AND PROCESS. FINANCE LAW. INFORMATION LAW. INTERNATIONAL LAW Keywords: code, veteran, veteran policy, veteran infrastructure, recovery period, law-making activity, rights, needs, social protection, legal protection, financial and property status The article is devoted to the analysis of the draft Code of Ukraine on the Protection of Statehood, Independence, and the Status of Defenders of the State (reg. № 14265-1). The relevance of the study is due to the growing number of war veterans in the context of armed aggression against Ukraine and the need to create an effective regulatory and legal mechanism to ensure their legal status and social and legal protection. It is emphasized that the legislative framework is the basis for public administration in the field of veteran policy, as it defines key guarantees, support mechanisms, and approaches to assessing the contribution of veterans to the defense of the state. The paper provides a critical analysis of the conceptual foundations and content of Draft Code № 14265-1. The controversy surrounding the codification of state veteran policy as a homogeneous sphere of social relations, which contradicts the essence of codification, has been substantiated. A number of shortcomings have been identified, including excessive detail in provisions that should be regulated by subordinate legislation, legal uncertainty, non-compliance with the requirements of regulatory drafting techniques, and unclear wording. The problematic aspects of determining the legal status of veterans and their families, restrictions on existing social guarantees, the introduction of a three-year «recovery period», and the narrowing of the scope of state obligations to ensure the rights of veterans are analyzed. Particular attention is paid to the risks of a discriminatory approach to the provision of state support depending on financial and property status, the exclusion of certain categories of persons from the veteran policy system, etc. It is concluded that Draft Code № 14265-1, in its proposed form, does not provide an adequate level of legal protection for veterans and requires substantial revision, taking into account the principles of legal certainty, stability of legislation, and state guarantees of the rights of veterans. The purpose of the scientific article is to determine the prospects for legislative regulation of state veterans' policy in Ukraine, analyze the existing regulatory framework and develop proposals for its improvement, taking into account international experience, as well as modern socio-economic challenges. This study aims to create theoretical and practical recommendations for the formation of an effective state policy of support for veterans, which will contribute to the improvement of their social, economic and legal situation, as well as to increase the level of integration of veterans into society. The research methodology is based on a combination of general scientific and special methods that allow for a comprehensive study of the problem of state veterans' policy. In particular, the methods used in the work include: analysis of regulatory acts - a detailed analysis of existing laws, resolutions of the Cabinet of Ministers of Ukraine, by-laws and international treaties regulating issues of veterans' policy in Ukraine, in order to identify gaps and contradictions in legal regulation. Comparative legal method – comparison of the national legal system with the international experience of other countries regarding the legislative provision of veterans’ rights, which will allow identifying best practices and adapting them to Ukrainian realities. Historical and legal method – study of the evolution of state policy on supporting veterans in Ukraine, noting the stages of development of legislation and the influence of social and political processes on this area. Systemic approach – study of state veterans’ policy as a complex socio-legal mechanism, which includes the interaction of state bodies, social institutions and veterans themselves, and determining the role of each element in the overall system. Data analysis – use of statistical and empirical data to analyze the effectiveness of existing veterans’ support programs and identify the main problems that need to be solved. Forecasting and model forecasting – based on the results obtained, building models that allow predicting the effectiveness of future changes in the legislative regulation of state veterans’ policy, as well as assessing the possible social, economic and legal consequences of implementing certain initiatives.
Legislative restrictions on the exercise of corporate rights of participants of a business company within the limits of sanctions procedures
Section: CIVIL LAW AND CIVIL PROCESS. FAMILY LAW. INTERNATIONAL PRIVATE LAW. COMMERCIAL LAW. COMMERCIAL-PROCEDURAL LAW. Keywords: shareholder, corporate rights, corporate governance, ultimate beneficial owner, exercise of corporate rights, management of corporate rights, restriction of corporate rights, right to participate in the management of a business company, right to receive dividends, sanctions, blocking of assets, seizure of assets to the state revenue, indirect influence, direct influence The article examines the legal and practical aspects of restricting the management of corporate rights of business entity participants within the framework of sanction procedures, particularly the sanctions of asset blocking and asset recovery to the state revenue. The legal nature of these sanctions under the Law of Ukraine «On Sanctions» is analyzed, as well as their impact on the exercise of corporate rights by company participants. It is established that asset blocking has a temporary character and limits the owner’s ability to dispose of property rights without depriving ownership itself. Conversely, the sanction of asset recovery to the state revenue constitutes a special form of compulsory expropriation, resulting in the termination of the sanctioned person’s corporate rights and their transfer to the ownership of the state. In such cases, the state, through an authorized body, acquires the status of a company participant and manages the corporate rights in the public interest. The High Anti-Corruption Court of Ukraine decisions are analyzed, particularly cases determining direct and indirect control over corporate structures by sanctioned individuals. It is emphasized that the lack of legislative clarity regarding indirect control risks disproportionate interference with corporate governance and the rights of bona fide shareholders. Along with this, analyzing the legal nature of the sanctions’ application, in addition to the fact that corporate rights can act as a «sanctioned» asset, the sanctions themselves can indirectly affect the exercise of corporate rights by non-sanctioned participants of business companies, which in itself will technically block the activities of the company. It is worth distinguishing between two categories of potential risks when imposing sanctions: blocking or recovery (confiscation) of corporate rights (assets) belonging to a sanctioned person; indirect influence on the exercise of corporate rights by non-sanctioned persons within the framework of sanctions imposed on the assets of another participant of the company. The author proposes improving the legislative framework to align asset recovery procedures with interest of other company shareholders, defining clear rules for the transfer of corporate rights to state management, protecting non-sanctioned participants, and ensuring proportionality of interference in property rights in line with ECHR standards.
right to participate in the management of a business company
Subjects Ensuring Environmental Safety in Ukraine
Section: CONSTITUTIONAL LAW. ADMINISTRATIVE LAW AND PROCESS. FINANCE LAW. INFORMATION LAW. INTERNATIONAL LAW Keywords: environmental security, environmental protection, environmental policy, environmental offenses, state environmental supervision (control), natural resources, nature management, compensation for environmental damages, subjects of public authorities The article provides a comprehensive study of entities responsible for environmental safety in Ukraine through the prism of public authority activities and administrative and legal mechanisms implemented in the field of environmental protection. The relevance of the chosen topic is due to the intensification of environmental threats under current conditions, in particular as a result of prolonged anthropogenic activity, structural imbalances in the sphere of natural resource use, as well as the consequences of large-scale armed aggression against Ukraine, which has caused significant damage to natural resources, infrastructure facilities and ecosystems in general. In this context, environmental security is not only a component of state environmental policy, but also an important element of national security that requires effective administrative and legal support. The methodological basis of the study consists of systemic-structural and functional approaches, the application of which made it possible to identify and substantiate a three-level model of entities ensuring environmental security. The formal-legal method was used to analyze the regulatory framework governing the competence of the respective entities and the procedures for administrative-jurisdictional response in the field of environmental protection. Methods of analysis, synthesis, and generalization were applied to identify inconsistencies in the powers of public administration entities and to formulate practical recommendations for improving the administrative-legal mechanism for ensuring environmental security. It is substantiated that the system for ensuring environmental safety in Ukraine is complex, multi-level, and multifunctional, encompassing a wide range of actors with different scopes and content of powers. This system includes general-competence authorities, specially authorized central executive bodies, state supervision (control) bodies, local self-government authorities, and other subjects of public administration that perform control, supervisory, permitting, and administrative-jurisdictional functions in the environmental sphere. The article demonstrates that public authorities play a key role in shaping and implementing environmental safety mechanisms, as they are empowered not only to prevent environmental offenses but also to apply measures of administrative coercion and to ensure that offenders are brought to administrative liability. The study proves that the effectiveness of ensuring environmental safety largely depends on the clear normative delineation of competences, the coherence of forms and methods of activity, and the absence of duplication or gaps in legal regulation. Particular attention is paid to the forms and methods of administrative-jurisdictional activity, including state environmental supervision (control), proceedings in cases of administrative environmental offenses, and the application of sanctions. The article also analyzes the peculiarities of exercising public authority under martial law and in the post-war period, showing that the state is developing special methodologies for calculating environmental damage caused by armed aggression, which indicates the institutionalization of the “wartime” dimension of environmental safety. The practical significance of the results lies in the possibility of using the proposed functional differentiation of subjects and their instruments to improve control procedures, documentation of violations, and the preparation of legally robust materials in cases of administrative environmental offenses.
state environmental supervision (control)
Legal Regulation of the Organized Agricultural Market in Ukraine
Section: CIVIL LAW AND CIVIL PROCESS. FAMILY LAW. INTERNATIONAL PRIVATE LAW. COMMERCIAL LAW. COMMERCIAL-PROCEDURAL LAW. Keywords: entrepreneurship, market relations, exchanges, legal regulation, subject, legal relations, agricultural products, agricultural trade, agricultural market The article examines the peculiarities of the legal regulation of the organized agricultural market in Ukraine. It is substantiated that the organized agricultural market, as an object of legal regulation, constitutes a type of organized commodity market and forms an integral part of the agricultural market of Ukraine. It is defined as a complex economic and legal institution encompassing exchange trading, electronic trading platforms, standardized civil law contracts, wholesale markets, and established trading rules. It is noted that the multi-component structure of the organized agricultural market determines the specificity and comprehensive nature of its legal regulation. The methodological basis of the study is formed by general scientific and special legal methods, in particular the dialectical, formal legal, system-structural, and comparative legal methods, which were employed to analyze the regulatory framework governing the organized agricultural market in Ukraine, to clarify its legal nature as a type of organized commodity market, and to identify the specific features of the functioning of its institutional elements (exchange trading, electronic platforms, wholesale markets, standardized contracts, and trading rules). It is argued that the organised agricultural market is a complex subject of legal regulation, within which economic, agricultural, civil, administrative and corporate legal relationships are intertwined, giving rise to a multi-layered and comprehensive nature of its functioning. It is noted that such diversity of legal relationships determines the specific nature of the legal regulation of the organised agricultural market and requires the coordinated application of provisions from various branches of law. It is established that the legal regulation of the organized agricultural market should be understood as a purposeful influence of legal norms on social relations arising in the process of organizing and conducting trade in agricultural products on the basis of standardized conditions and rules. It is concluded that further improvement of the legal regulation of the organized agricultural market should be carried out through the systematic implementation of European Union law, particularly with regard to the normative consolidation of the concept of agricultural market organization, as well as the determination of its institutional structure and functional elements.
Legal Foundations and Imperatives of the Functioning of the Swiss Confederation’s Tax System
Section: CONSTITUTIONAL LAW. ADMINISTRATIVE LAW AND PROCESS. FINANCE LAW. INFORMATION LAW. INTERNATIONAL LAW Keywords: Swiss Confederation, tax sovereignty, tax jurisdiction, tax federalism, tax harmonization, international economic law Relevance. In the context of increasing globalization of financial relations, growing capital mobility and the expansion of international economic interactions, the legal regulation of tax systems acquires not only fiscal but also constitutional significance. In federal states, the issue of allocating tax jurisdiction between different levels of public authority becomes particularly complex, requiring a balance between financial autonomy of territorial entities and the unity of national tax policy. The Swiss Confederation represents a distinctive model of tax federalism in which tax sovereignty is constitutionally distributed among the Federation, cantons and communes. Purpose. The purpose of the study is to analyse the legal foundations and constitutional imperatives of the functioning of the tax system of the Swiss Confederation, with particular attention to the concept of tax sovereignty as a mechanism for allocating tax jurisdiction and ensuring coherence of the federal tax system. Methodology. The research is based on a combination of comparative legal, formal legal and systemic methods. Constitutional-legal analysis is applied to examine the distribution of tax sovereignty between levels of public authority. Doctrinal analysis of Swiss tax law scholarship and case-law analysis of the Federal Supreme Court’s decisions are used to assess the mechanisms of tax harmonization and the constitutional prohibition of inter-cantonal double taxation. Elements of comparative financial law are employed to evaluate the broader legal significance of the Swiss model. Results. The study demonstrates that in Switzerland tax sovereignty functions as a constitutional category of public authority rather than merely a technical distribution of competences. The mechanisms of tax harmonization, the constitutional prohibition of inter-cantonal double taxation, and judicial interpretation play a decisive role in preserving the integrity of the national tax system while maintaining substantial financial autonomy of cantons and communes. The Swiss model of tax federalism illustrates how regulatory coordination and constitutional constraints can prevent fragmentation of tax jurisdiction. The research also highlights that the functioning of the Swiss tax system is closely connected with international tax obligations, including the implementation of OECD standards and the conclusion of double taxation agreements. The findings confirm the relevance of the Swiss experience for comparative financial law and its potential significance for improving the legal regulation of tax relations in Ukraine.
Regulatory and Legal Framework for Personal Data Processing in Ukraine’s Public Electronic Registries
Section: CONSTITUTIONAL LAW. ADMINISTRATIVE LAW AND PROCESS. FINANCE LAW. INFORMATION LAW. INTERNATIONAL LAW Keywords: personal data, public electronic registers, personal data protection, GDPR, digital transformation, right to privacy, access to registry data, personal data processing principles The article examines the legal regulation of personal data processing in public electronic registers of Ukraine in the context of intensive digital transformation of public administration and the country’s European integration course. It is established that public electronic registers are among the largest personal data operators in the modern state, and their functioning gives rise to legal conflicts between the principles of openness of registry data and the requirements for the protection of the right to privacy. The article analyses the multi-level system of legal regulation in this sphere, encompassing constitutional guarantees, special legislation – in particular the Laws of Ukraine «On Personal Data Protection» and «On Public Electronic Registers» – sectoral normative acts and subordinate legislation. The methodological framework of the study is based on general scientific and special legal methods, in particular the dialectical, formal-legal, systemic-structural, and comparative-legal methods, which were used to analyze the legal regulation of personal data protection in public electronic registers, identify legislative gaps, and formulate proposals for its improvement. The key principles of personal data processing in registry systems are examined: lawfulness, functional sufficiency, purpose limitation, accuracy and data security. It is revealed that the practice of aggregating registry data through integrated electronic service portals significantly complicates compliance with the data minimisation principle and creates additional risks to the confidentiality of citizens’ personal information. The standards of the EU General Data Protection Regulation (GDPR) and the case law of the Court of Justice of the European Union are examined as key reference points for the harmonisation of national legislation. The main gaps in the current legislation are identified: an excessively broad range of persons entitled to special access to registry data; the absence of a legislatively enshrined «privacy by default” principle; and the fragmented regulation of cross-border transfers of registry data. Proposals are formulated regarding the differentiation of legal access regimes for registry data, the codification of information legislation, and the strengthening of cybersecurity measures at the normative level.
Problems of legal regulation for state language policy in Ukraine
Section: CONSTITUTIONAL LAW. ADMINISTRATIVE LAW AND PROCESS. FINANCE LAW. INFORMATION LAW. INTERNATIONAL LAW Keywords: state language policy, legal regulation, state language, problems of defining and applying the state language A modern state acquires independence and sovereignty only when it can fully protect and secure itself and its own symbols. It is applied not only at the national and international levels, but also in individual spheres of functioning, in individual regions throughout its territory. When we talk about Ukraine as a sovereign state, we mean a free country that performs its own functions on its territory independently and as an independent subject of international relations. In this case, one of the most important elements of such a state is necessarily the Ukrainian language in the status of the only official state language. It is worth noting that the state language is one of the most important attributes of any state, it is the foundation of national identity and the basis for the formation of self-awareness and self-identification of an individual, as a citizen and representative of the respective nation. In the process of formation and development of a modern state, its language plays a major role in uniting and strengthening society. Therefore, taking into account the importance of language in the formation and development of the state and nation, it is worth paying attention to its protection at the national level. A noticeable problem of the modern language policy of Ukraine has become its discrepancy with the real language situation in the country. The reason for this is the political situation, which contributed to excessive politicization of the language issue. Therefore, from the point of view of some people, the state language is not so much an important symbol of national identity and an integral part in the mechanism of formation of an independent legal state, as a lever for various manipulations on political issues. This state of affairs makes it difficult to properly assess the situation and settle the language issue. The aim of the article is to analyze the peculiarities of the formation and implementation of the state language policy in Ukraine, the problems and shortcomings of legal support in this area, and suggestions for its improvement.
problems of defining and applying the state language