Actual problems of law (Aktual'ni problemi pravoznavstva)
Founder and publisher – West Ukrainian National University (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 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.
Use of criminal analysis in police activities under martial law (on the example of Ukraine)
Some features of the use of criminal analysis in police activities under martial law (using the example of Ukraine) are considered. The views of scientists on the categories related to the use of criminal analysis in police activities under martial law (using the example of Ukraine) are analyzed. The importance and feasibility of using criminal analysis in police activities under martial law (using the example of Ukraine) are substantiated. Some features of the use of criminal analysis in police activities under martial law (using the example of Ukraine) are investigated. The importance and expediency of using criminal analysis in police activities under martial law (using the example of Ukraine) are assessed. A number of relevant author's conclusions are made regarding some features of using criminal analysis in police activities under martial law (using the example of Ukraine). Despite the positive results, criminal analysis in the activities of the Ukrainian police faces a number of problems, which are outlined by the author. Since, at the current stage, the development of criminal analysis in Ukraine is of strategic importance for building an effective national security system, the author proposes a number of promising measures. It has been proven that criminal analysis under martial law is a critical component of the effective activities of the National Police of Ukraine, and its application contributes to increasing the efficiency, accuracy, and strategic flexibility of law enforcement agencies. It is substantiated that, despite existing problems – personnel, technical, and organizational – criminal analysis in Ukraine demonstrates dynamic development, and its further improvement should be based on the integration of modern IT technologies, the expansion of analytical training of personnel, and the development of national standards for analytical activities in the Ministry of Internal Affairs system. In the course of the study, a combination of methods was employed – analysis of legal and regulatory acts, the comparative legal method, as well as methods of systemic and criminological analysis – which made it possible to comprehensively examine the peculiarities of applying criminal analysis in police activities under martial law conditions.
CRIMINAL LAW AND CRIMINOLOGY. THE PENAL LAW. CRIMINAL PROCEDURE AND CRIMINALISTICS. FORENSIC EXAMINATION. OPERATIONAL AC
Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
Prospects of using digital technologies in the field of combating economic crime
The article examines the current trends and prospects of implementing digital technologies in the field of combating economic offenses in Ukraine. The relevance of the research is determined by the rapid digital transformation of society and the growing complexity of economic crimes, which increasingly acquire transnational and high-tech characteristics. It is emphasized that the effective counteraction to such offenses requires innovative approaches based on the use of modern information technologies. The purpose of the study is to analyze the legal framework, current state, and practical application of digital tools—such as Big Data analytics, artificial intelligence, blockchain systems, and electronic registers—in the activities of Ukrainian law enforcement and financial monitoring institutions. Particular attention is paid to the legal regulation of electronic evidence, information security, and data protection in criminal proceedings. The research highlights the importance of digital forensics as a specialized area ensuring the detection, preservation, and analysis of electronic data while maintaining procedural integrity and evidential value. The results of the study demonstrate that the integration of digital technologies significantly increases the efficiency of investigating economic offenses by automating data processing, improving analytical accuracy, and reducing human error. Prospective directions include the implementation of electronic criminal case management systems, the use of artificial intelligence for predictive financial analytics, and the application of blockchain to enhance transparency of financial operations. The author concludes that the digitalization of law enforcement and justice processes should be grounded in the principles of legality, transparency, and international cooperation. The effective combination of legal mechanisms and technological innovation will contribute to the creation of a modern model of economic crime prevention that meets European standards and strengthens Ukraine’s economic security. The research employs methods of analysis, synthesis, and generalization to examine the current state of digital technologies in combating economic offenses. A comparative-legal and systematic approach is also applied to assess the effectiveness of implementing innovative digital tools in law enforcement practice.
Legal mechanisms for protecting persons who have suffered damage and destruction of property as a result of armed aggression against Ukraine
The article aims to identify the specifics of legal protection for victims of damage and destruction of property as a result of armed aggression against Ukraine by analyzing the relevant legislation. The relevance of the problem of protecting property rights in wartime is substantiated, the main legislative provisions are analyzed, and those that regulate the legal mechanism for protecting property rights during martial law are identified. Key regulatory and legislative acts governing this issue, as well as international legal norms, are analyzed; the peculiarities of legal regulation of property rights are considered, and mechanisms for its protection and defense in conditions of martial law are examined. The existing restrictions on property rights that may be applied in accordance with current legislation are examined, as well as the methods of restoring and protecting violated property rights and the peculiarities of compensating individuals for losses resulting from military aggression. The purpose of the article is to analyze the legal means of regulating compensation for damage caused by aggression against Ukraine, taking into account modern approaches to the protection of the rights of individuals. As a result of the study, it was established that there is a need to reform the national legislation of Ukraine in order to improve the effectiveness of legal regulation of damage compensation procedures and improve the regulatory framework. The most desirable compensation mechanism for Ukraine is the payment of reparations by the aggressor state, which should include compensation for both material losses and non-pecuniary (moral) damage. At the same time, at the present stage, the practical implementation of such a mechanism is objectively impossible.
CIVIL LAW AND CIVIL PROCESS. FAMILY LAW. INTERNATIONAL PRIVATE LAW. COMMERCIAL LAW. COMMERCIAL-PROCEDURAL LAW.
Rights and obligations of the parties to the contract for the provision of rehabilitation services
The scientific article is devoted to establishing the rights and obligations of the parties to the contract for the provision of rehabilitation services. This article examines the legislative norms governing civil-law relations in Ukraine, as well as the specific features of healthcare sector management in the country. The works of scientists who studied the procedure for concluding civil-law contracts, as well as the peculiarities of the content of contracts for the provision of medical and rehabilitation services, are studied. The definition of a contract for the provision of rehabilitation services is proposed as an agreement between a patient and a rehabilitation institution, which provides for the provision of a set of measures to the customer on a paid basis, which are required by a person who is experiencing limitations in daily functioning in interaction with the external environment due to health conditions or aging. It is argued that the content of a contract for the provision of rehabilitation services must necessarily include the rights and obligations of the parties. It is concluded that the obligations of a rehabilitation institution include providing quality rehabilitation services within the time frame established by the contract, involving the necessary rehabilitation specialists, ensuring the preservation of medical confidentiality, and providing the patient with information and medical documentation about rehabilitation services. The patient’s obligations include paying for rehabilitation services, following the medical prescriptions of the rehabilitation specialist, and adhering to the regulations of the rehabilitation institution. It is emphasized that the rights of a rehabilitation institution may consist of receiving payment for rehabilitation services and terminating rehabilitation assistance in the event of a patient’s violation of the contract terms. It is argued that the rights of a rehabilitation institution patient may include receiving quality rehabilitation services and information about them, as well as the opportunity to choose a specific rehabilitation specialist. Attention is drawn to the fact that the patient has the right to refuse the provision of rehabilitation services before they are scheduled. It is proposed to provide for the conditions for concluding a contract for the provision of rehabilitation services in a separate section of the Civil Code of Ukraine.
Emancipation and compensation for damage caused by an emancipated person, under the civil legislation of Ukraine
The scientific publication is devoted to the study of the institution of emancipation and compensation for damage caused by an emancipated person under the civil legislation of Ukraine. The relevance of the study is due to the presence of a number of shortcomings in the legal regulation of emancipation, the lack of clear criteria for distinguishing civil liability of emancipated and non-emancipated minors, as well as the need to improve the legislative provisions of the Civil Code of Ukraine in the context of recodification processes in the field of private law. The purpose of the article is to study emancipation and compensation for damage caused by an emancipated person under the civil legislation of Ukraine based on the analysis of doctrinal sources and judicial practice. When writing the scientific article, both general scientific and special legal methods of scientific knowledge were used, including: philosophical-dialectical method, comparative legal method, systemic method, method of legal analysis, dialectical method, method of legal forecasting, modeling method. The article analyzes the legal nature of emancipation as an institution for early acquisition of full civil capacity, examines the grounds for emancipation under the current legislation of Ukraine, and identifies conflicts and gaps in the procedural mechanisms for granting full civil capacity to minors. The legal regulation of emancipation under the legislation of certain European countries, in particular France, Germany, and the Netherlands, is studied, which allowed us to identify a variety of legislative approaches to regulating this institution. Particular attention is paid to the study of compensation for damage caused by an emancipated person. The need to differentiate the liability of parents, adoptive parents, or guardians is substantiated, depending on the method of granting emancipation and the presence of their consent to the acquisition of full civil capacity by minors. It is proved that emancipation without the consent of legal representatives should exclude their subsidiary liability for damage caused by the emancipated person. Conceptual directions of systemic modernization of legislative regulation of the institution of emancipation are proposed, including structural reform of Article 35 of the Civil Code of Ukraine, supplementing the norms of tort liability with provisions on the exemption of legal representatives from subsidiary liability in certain cases. The results of the study have both theoretical and practical significance for improving the civil and civil procedural legislation of Ukraine, the formation of a unified law enforcement practice in cases of emancipation and compensation for damage caused by emancipated persons.
Experience of using managed entry agreements in the EU: trends and challenges
This article provides a comprehensive analysis of the development, implementation, and regulatory evolution of Managed Entry Agreements (MEAs) across European Union member states, highlighting their growing importance as a strategic mechanism for balancing innovation, affordability, and sustainability within healthcare systems. Faced with rising pharmaceutical expenditures, the increasing prevalence of high-cost therapies, and persistent uncertainty surrounding real-world treatment outcomes, European countries have progressively integrated MEAs as a means of sharing clinical and economic risks between manufacturers and payers. The authors outline the conceptual foundations of MEAs, distinguishing between financial-based schemes, outcome-based agreements, and hybrid models that combine elements of both. Particular attention is given to the dynamic legal framework governing MEAs, the variability of national negotiation processes, and the evolving terminology used in international health policy discourse. The article employs analytical, comparative, and legal-regulatory methods to examine the structure, implementation mechanisms, and policy frameworks of managed entry agreements across EU member states. The article underscores Italy’s global leadership in designing and implementing outcome-based MEAs, supported by sophisticated national monitoring registries managed by the Italian Medicines Agency (AIFA). These registries enable continuous assessment of therapeutic performance, inform renegotiation of reimbursement conditions, and underpin innovative payment mechanisms such as cost sharing, risk sharing, payment-by-results, and the “success fee” model. The authors also analyse the role of other influential regulators—including NICE in the United Kingdom, IQWiG in Germany, and HAS in France—in shaping country-specific MEA strategies, particularly in oncology, orphan diseases, and advanced therapies. Statistical data from European registries illustrate the financial impact of MEAs, with countries such as Belgium, Italy and France reporting hundreds of millions of euros saved annually through confidential discounts, rebates, and post-marketing adjustments based on observed treatment outcomes. Despite these achievements, significant systemic challenges persist. The article identifies substantial disparities in the adoption and design of MEAs across EU countries, driven by differences in national healthcare financing models and regulatory capacities.
On the matter of definition of copyright in the era of artificial intelligence
The article examines theoretical, legal and practical issues raised by the need to apply copyright in the era of artificial intelligence. It is emphasized that the development of artificial intelligence technologies is one of the key characteristics of the current stage of human development, the result of a new scientific and technological revolution that is changing society and everyday life in the most basic aspects and in every area imaginable. The research employs a set of general scientific and specialized legal methods, including the formal-legal, comparative-legal, and systemic-structural approaches, which made it possible to comprehensively analyze the transformation of copyright categories in the context of contemporary scientific and technological development. The article examines basic approaches to the problem of copyright in the era of artificial intelligence. It is emphasized that appropriate legal regulation can only be possible if the fundamental concepts related to copyright, such as «author», «originality», «creativity», «intelligence», are carefully reviewed. The views of researchers on these concepts are considered, in particular in the era of artificial intelligence, as well as the main legal theories describing the essence and origin of copyright. An attempt is made to apply these theories to works that have arisen as a result of the use of artificial intelligence. Their inconsistency with reality, which arises with the advent of artificial intelligence, and the need for a fundamental revision in order to bring them into line with the actual requirements of legal regulation are emphasized. The prospects for regulating copyright in the era of artificial intelligence as an individual human right, a machine right, or a hybrid right belonging to both a human and a machine are explored. It is emphasized that any of these fundamental paths will require, at least in part, a rejection of the human-centric approach to copyright and, probably, the concept of law as a whole as an entity that can belong only to a person. Specific cases are studied where the issue of recognizing copyright for objects of artificial intelligence had a decisive impact on the registration of copyright, as well as on the position of human authors regarding certain works. The insufficient regulation of the issues raised in these cases is indicated, which led to ambiguous and half-hearted results. It is concluded that the prerequisite for solving the problem of copyright in artificial intelligence is interdisciplinarity in the study of the relevant issues, which would combine the methods and achievements of law, philosophy, and other sciences.
international legal regulation of intellectual property law
copyright in the era of artificial intelligence
Legal principles of refusal of an appeal in civil proceedings of Ukraine
This scientific article is devoted to the peculiarities of such procedural action as withdrawal of an appeal in civil proceedings in Ukraine. The works of scholars who studied the general principles of appeal proceedings in civil proceedings and the procedural order of withdrawal of an appeal are analysed. Civil procedural legislation and the resolution of the Plenum of the Supreme Court of Ukraine on the problems of appeal proceedings have been studied. It is concluded that the withdrawal of an appeal is a subjective procedural right of the appellant, which can be exercised in the event of the opening of appeal proceedings and leads to corresponding legal consequences. It is indicated that the legal consequences of withdrawal of an appeal may consist in the closure of the appeal proceedings, the entry into force of the decision of the court of first instance, the impossibility of re-appealing this court decision and joining the appeal. The differences between withdrawal of an appeal and conclusion of a settlement agreement or withdrawal of an appeal are explained. The following stages of consideration of a motion to withdraw an appeal have been defined: preparation and submission of a motion to withdraw an appeal, consideration of the motion during the court hearing, establishment of grounds for closing the appeal proceedings or circumstances that prevent such a decision from being made, announcement of the decision to close the appeal proceedings or to refuse such a decision, cassation appeal against the decision to close the appeal proceedings. Proposals have been made to amend the civil procedural legislation of Ukraine. The expediency of establishing the court's obligation to explain to the party that has filed a motion to withdraw an appeal the procedural consequences of such a decision has been substantiated. It has been proposed to regulate in detail the possibility of partial withdrawal of the claims expressed in the appeal.
Legal imperatives and mechanisms for protection of national interests in international investment activities
Investment activity is one of the cornerstones of socio-economic development of territories, countries, and regional formations, as well as one of the main criteria for classifying states as developed or developing. This topic has not lost its relevance for decades. The problems of investment, investment activities, and investment processes are constantly in the field of view of economists, scientists, practitioners, politicians, and statesmen. Long-term investment of capital, its movement between countries in the context of the international division of labour and globalization processes is one of the main factors for creating the necessary material potential for the development of the economy of the relevant countries. At the same time, cross-border capital movement characterizes the openness of national economies and confirms their market status. This process is a component of international economic relations and manifests itself in the form of capital exports. At the same time, there are differences in estimates and the impact of exports of goods and services on the formation of gross domestic product and capital exports for national economies. If the export of goods and services clearly has a positive impact, then the export of capital can be evaluated differently and have a different impact on national economies: on the one hand, it is the attraction of capital, in particular, foreign direct investment, on the other hand, it is the outflow of funds outside the country, and in some cases, the direct flight of capital. In such circumstances, a conflict of interest inevitably arises between states, individual enterprises that are subjects of investment activity, and multinational corporations. Thus, the problem of protecting national interests may become more acute. This makes it necessary to form and constantly develop appropriate mechanisms for guaranteeing investments and protecting them, that is, the problem of taking into account and developing the necessary imperatives for protecting national interests in investment activities, especially in the field of international economic relations, remains relevant. This applies not so much to economic levers of influence as to effective regulatory mechanisms at the national and international levels. Based on the above, the article considers the issue of the need to implement modern imperatives of protecting the national interests of states in the process of international capital movements and the form of direct investment, depending on the interest in attracting them to the national economy or in investing abroad. There is drawn attention to the fragmentation and grouping of countries depending on interest in transnational investment. Investment protection tools in the system of international investment law are investigated and the main criteria requirements for the actions of countries participating in the cross-border investment process are structured. Attention is focused on investment risks and investment threats to national interests and national security, the origin of which can be both internal and external. The article highlights the peculiarities of imperatives and mechanisms for protecting national interests in international investment activities of the European Union, the United States of America, the Federal Republic of Germany, Japan and India. There are formulated conclusions on the problems of international investment law in terms of actions aimed at investments protecting.
CONSTITUTIONAL LAW. ADMINISTRATIVE LAW AND PROCESS. FINANCE LAW. INFORMATION LAW. INTERNATIONAL LAW
Process automation in public administration in Ukraine and ensuring legality of AI-driven decision-making
The article addresses the issue of ensuring legality in public administration when using AI systems. On the one hand, they showcase remarkable effectiveness in performing various tasks, and on the other hand, they also pose new risks. As automated decision-making processes become more prevalent in Ukraine, the urgency of discussing this issue increases. The author explains that automated decision-making is part of a broader category of automated processes, where decisions are made by an automated system or mean, rather than by a human selecting from available options. The forms of automated decision-making vary depending on the level of autonomy involved. The purpose of the article is to identify and describe the main challenges associated with ensuring legality in the AI-driven automated decision-making practices of public authorities in Ukraine. To achieve this purpose, the author utilizes several methods. Abstraction is used to determine the most essential features of the concept of automated decision-making. Generalization distinguishes the problems which are related to identified challenges. Finally, case method illustrates the examples of the implementation of AI systems in public administration. These examples form an important part of the article and involve address placement algorithm for educational sector from the Ministry of Education and Science of Ukraine, verification of compliance with employment quotas for persons with disabilities by the Fund for Social Protection of Persons with Disabilities, and the issuance of veterinary licenses based on the preliminary analysis of applications by an AI system (the State Service of Ukraine on Food Safety and Consumer Protection). The results of the study indicate that key challenges to maintaining legality include ensuring that public authorities possess the appropriate powers, the rationality of the AI system, compliance with personal data protection rights, the ability to contest decisions, and the oversight of civil servants over automated processes.
process automation in public administration
Implementation of smart technologies in the judicial system: foreign experience of implementation
The article examines foreign experience in implementing smart technologies in judicial systems. The relevance of digital transformation of justice, driven by the need to increase efficiency and transparency of judicial proceedings, has been analyzed. The most common forms of smart technological solutions are being examined within contemporary judicial processes. It has been determined that online dispute resolution systems are actively used in the Netherlands, the United Kingdom, the USA, India, China, Kazakhstan, through international platforms eBay, Smartsettle, Virtual Courthouse, and Modria. Blockchain technologies and smart contracts are utilized to automate the fulfillment of contractual obligations. However, their implementation gives rise to new types of disputes due to the complexity of interpretation and technical vulnerabilities. China’s experience as a pioneer in creating virtual “internet courts” has been highlighted. It is noted that since 2022, Chinese judges have been required to consult with artificial intelligence systems when considering cases. The system has access to government agency databases and controls the execution of court decisions. However, the Chinese model creates risks of violating the principles of separation of powers and strengthening state control. Unique foreign practices have been analyzed: court proceedings in the metaverse in Colombia, the use of ChatGPT by British judges for writing decisions, the virtual enforcement court in Saudi Arabia, and the Italian mobile application “Collega” for finding lawyers. Digitalization strategies of Kazakhstan (Torelik portal), Brazil (100% digital court), India (virtual courts for minor disputes), the Netherlands (Virtual Court platform), and the USA (virtual courtrooms) have been studied. It is emphasized that the choice of technologies depends on the characteristics of national judicial proceedings, legislation, and technological capabilities of the country. Recommendations for Ukraine have been formulated regarding the implementation of an online dispute resolution system based on the experience of the Netherlands and the USA, specialized applications for legal assistance to military personnel and internally displaced persons. The need for comprehensive legal regulation to maximize advantages (accessibility of justice, transparency, reduction of corruption) and minimize threats (technical failures, cybercrime, algorithm biases, violation of the right to a fair trial) has been emphasized.
The Legal Framework for the Functioning of Courts of Ukraine under Extraordinary Legal Regimes
The article provides a comprehensive analysis of the organization and functioning of Ukrainian courts under extraordinary legal regimes. The study covers the normative aspects of court operations during martial law, including the introduction of remote justice, changes in territorial jurisdiction, and the ensuring of participants’ safety. The purpose of the article is to define the legal framework for the functioning of courts during extraordinary legal regimes, to identify its structural elements and hierarchy, and to determine the legal mechanisms that ensure the continuity and legality of judicial authority in extraordinary conditions. The research methodology combines systemic, comparative-legal, and formal-legal analysis aimed at identifying the content, structure, and mechanisms of operation of the legal framework of the judiciary under extraordinary legal regimes. This approach provides comprehensive coverage of all levels of normative regulation. The concept of «legal framework» is clarified and distinguished from related terms. It is established that the legal framework is the normative foundation; legal regulation is the process of the norms’ influence on social relations; and legal support is the mechanism for organizing and maintaining the implementation of legal provisions. It is proposed to define the legal framework for the functioning of courts under extraordinary legal regimes as a hierarchical set of legal acts of varying legal force that determine their organization, powers, and procedures to ensure the continuity, stability, and legality of justice even under extraordinary conditions. Among the key features of the legal framework of courts under extraordinary conditions are: a multi-level structure (constitutional, international, legislative, subordinate, and local levels), procedural flexibility (adaptation of procedural norms to remote participation, changes in jurisdiction, and electronic document management), and a balance between access to justice and security ensured through an individual approach to each court’s operational mode. It is emphasized that the issue of the legal framework for the functioning of courts under emergency legal regimes requires further development through the formation of a unified concept of the legal support of justice.
Current Challenges of VAT Taxation of Import Operations under Martial Law and European Integration
The article is devoted to the study of exemption from value added tax (VAT) on import operations under the conditions of martial law and European integration. In particular, the chosen topic is examined through the prism of tax benefits under special legal regimes. The purpose of the article is defined as the study, within the selected theme, of the legislative provisions concerning VAT exemption for the import of goods intended for the production and/or repair of mechanised demining machines. This objective is achieved by outlining amendments to the Tax Code of Ukraine in the context of import taxation. The author analyses the relevant legislation, identifies key changes, and determines the type of tax benefit to which the studied VAT exemption on import operations belongs. It is concluded that the national tax legislation lacks an alternative mechanism for introducing amendments to the Tax Code of Ukraine, in particular regarding tax benefits, which would combine the need to grant such benefits to taxpayers during special legal regimes with adherence to the general procedure for their introduction. The author notes that an important current issue concerns the balance between the need for tax benefits on import operations and compliance with legislative procedures. VAT benefits for the import of goods intended for the production and/or repair of mechanised demining machines are an example of the implementation of the principle of legal certainty in the context of legislative flexibility, justified by humanitarian considerations. It has been established that the need for the legislator to respond swiftly to internal and external changes in the state caused by the war and its consequences is indeed a prerequisite for the prompt and effective provision of targeted assistance to taxpayers, as well as for the rapid and efficient resolution of national issues in the context of warfare and post-war recovery (for example, demining of territories). It is emphasised that the speed and frequency of amendments to the Tax Code of Ukraine during wartime and/or other social transformations can be justified by such an element of the principle of legal certainty as flexibility. It is noted that the legal resolution of the relationship between the necessity of VAT benefits on imports – driven by external and internal circumstances – and the potential violation of the principles of tax legislation and the established procedure for amending the Tax Code of Ukraine during wartime remains a matter of scholarly debate.
principle of stability of tax legislation
Main types of administrative and legal relations related to the implementation by the Ministry of Justice of Ukraine of its functions in the field of human rights protection
The article is devoted to the study of administrative-legal relations that arise in the process of the Ministry of Justice of Ukraine implementing its tasks in the field of human rights and freedoms protection. The key role of the Ministry of Justice as a body that ensures the formation and implementation of state legal policy, control over compliance with legislation, and interaction with other subjects of public administration and international organizations is emphasized. It has been established that the effectiveness of human rights protection largely depends on the mechanisms for implementing state policy and the interaction of the Ministry of Justice with other public administration entities that ensure administrative regulation and the practical application of administrative law norms. It is determined that the classification of such legal relations is a necessary condition for the effective functioning of human rights protection mechanisms, as it allows revealing their content, legal nature, range of participants and methods of regulatory regulation. The article proposes a systematization of administrative and legal relations by subject composition, functional purpose, procedural form, level of publicity and source of origin. Special attention is paid to the modern challenges of the Ministry of Justice, including ensuring access to public information, digitalization of legal services and compliance with international standards in the penitentiary system. It is concluded that administrative and legal relations arising in the activities of the Ministry of Justice are a systemic tool for the implementation of state functions in the field of human rights. They encompass both power-subordination, institutional-coordination, international-legal, and regulatory, security, informational and educational relations that ensure the effective functioning of public administration mechanisms. It was noted that at the current stage, the problems of ensuring the right to access public information, as well as compliance with international human rights standards in the penitentiary system, remain relevant. Their solution requires strengthening interdepartmental coordination, improving administrative procedures, increasing the level of funding, and bringing the conditions of detention of convicts in line with the requirements of international law.
classification of administrative and legal relations
A systemic model of competence delineation among public authorities during the legal regime of martial law
The article examines the theoretical and legal foundations of competence delineation among public authorities in Ukraine under martial law, highlighting its crucial role in ensuring effective, coherent, and resilient public administration during crisis situations. The study is particularly relevant in the context of disrupted standard administrative mechanisms, where maintaining coordinated governance, preventing duplication of functions, and ensuring legal certainty become essential for both operational decision-making and long-term institutional stability. The purpose of this research is to develop a systemic model of competence delineation that facilitates coordinated interaction among institutions at different levels, reduces overlapping responsibilities, and strengthens legal clarity in crisis contexts. The proposed model is grounded in the principles of administrative-legal regulation, which provide a framework for structuring the powers of public authorities, ensuring legal certainty, and guaranteeing the lawfulness of administrative decisions. To achieve this goal, the study analyzes institutional, functional, dynamic, and competency-based approaches, alongside the existing legal framework, identifying key problem areas such as duplication of powers between military administrations and local authorities, uncoordinated institutional interactions, and normative uncertainty that hinder rapid and effective governance. Based on this analysis, the research proposes a comprehensive systemic model integrating normative, institutional, procedural, communication, and control-evaluation components within a vertically structured framework. The model encompasses civil authorities, military administrations, and specialized services across functional domains, including administration, security, law enforcement, and social services. A key feature of the model is its dynamic delegation and redistribution of powers, which enhances operational flexibility, ensures coordination of institutional actions, prevents conflicts, and improves administrative efficiency. Moreover, the integration of digital tools and interagency platforms facilitates real-time information exchange, enabling effective management during crisis situations. The results indicate that the proposed model serves not only as a theoretical framework but also as a practical instrument for modernizing public administration under martial law. By fostering adaptive, coordinated, and transparent governance, it strengthens institutional resilience, ensures timely decision-making, and enhances public trust in state institutions during emergencies.
Administrative and legal principles of restriction and simplification of notarial procedures under conditions of war
The military actions in Ukraine have necessitated the adaptation of notarial activity to extraordinary conditions, leading to the emergence of new administrative and legal approaches to regulating document authentication procedures, the performance of notarial acts, and the protection of citizens’ rights in situations with limited access to legal services. This paper analyzes the regulatory framework governing notarial activities during martial law, examines the specific features of implementing simplified procedures, temporary restrictions, and digital mechanisms for confirming legal actions. Particular attention is paid to the issues of legal certainty, protection of property rights, documentary confirmation of transactions, as well as administrative and legal means of ensuring the stability of the notarial system in conditions of armed conflict. The research aims to identify effective models of legal regulation that enable the continuity of notarial services while ensuring security and legal compliance during wartime. The author concludes that the administrative and legal foundations for restricting and simplifying notarial procedures in wartime play a crucial role in ensuring the continuity of legal circulation and the protection of citizens’ rights. During an armed conflict, access to notarial services may be complicated by restrictions on movement, destruction of infrastructure, or the inability to physically visit notarial offices. The introduction of simplified procedures allows citizens to timely formalize transactions, powers of attorney, inheritance documents, and other legally significant acts, which ensures the stability of civil circulation and minimizes the risk of violations of property and non-property rights. The simplification of procedures does not diminish the level of legality but is aimed at optimizing administrative requirements and creating conditions for the prompt execution of documents.
Historical and Legal Foundations of the Formation and Development of U.S. Housing Policy
The article is devoted to the analysis of the historical and legal foundations of the formation and development of US housing policy. Its evolution from the beginning of the 20th century to the present day is traced, taking into account transformations in state regulation, economic conditions and social priorities. The experience that can be used in the post-war reconstruction of Ukraine has been studied. It has been established that US housing policy was shaped by the interaction of private enterprise, state regulation and public initiatives. Between 1900 and 1930, housing construction was mainly driven by market demand, with some philanthropic support. The period of the Great Depression and the New Deal policy (1930s) is characterised, which marked the beginning of significant federal intervention, in particular through the introduction of public housing programmes and the implementation of large-scale urban development projects. Despite expanding access to housing, these measures simultaneously exacerbated social and racial inequality, particularly through suburbanisation and controversial approaches to urban renewal. It has been established that since 1975, US federal housing policy has begun to rely more heavily on market mechanisms supported by non-profit organisations in the field of housing provision. The positive aspects of post-war housing programmes in the United States are highlighted, in particular their ability to effectively mobilise public and private resources, promote rapid construction and stabilise the urban population. This experience has shown that coordinated government action, combined with private sector involvement and public participation, can effectively address large-scale housing problems. The main research methods are the historical-legal and comparative-legal ones. Their application made it possible to trace the evolution of U.S. housing policy in connection with transformations in state regulation, economic conditions, and social priorities. A systemic approach was also employed to generalize the positive and problematic aspects of the American experience and to assess its relevance for the modernization of Ukraine’s housing policy. It is emphasised that US housing policy was shaped by both economic interests and the desire to improve social security, although priority was mostly given to economic factors. A review of the evolution of US housing policy was conducted, taking into account the influence of the policies of presidents, federal authorities and local governments. It has been established that there was competition in this area between the economic interests of owners and developers and the social protection needs of low-income groups. It is emphasised that the historical experience of the formation of US housing policy is important for the current stage of reforming Ukraine’s housing policy.
Domestic Violence in Ukraine: Legal, Social and Digital Dimensions of Counteraction
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 directions to gain a deeper understanding of the essence of this process, particularly in the context of large-scale armed aggression and increasing digital challenges. It is concluded that solving the problem of domestic violence requires the combination of legal, social, and psychological mechanisms, strengthening cross-sectoral cooperation, and developing digital services capable of ensuring rapid response and confidentiality. The study highlights the need for the development of a national strategy for family education and state programs for the reintegration of veterans, which will serve as a guarantee of stability and moral renewal of Ukrainian society.
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The role of prosodic characteristics of voice in forensic examinations of video and audio recordings
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 linguistic methods involve analyzing the voice and spoken language, reflecting the algorithms and patterns of voice and auditory line creation. In forensic examination of video and audio recordings, prosody is a factor in the linguistic recognition of the speaker, reflecting the basic parameters of the voice – intonation, pitch, rhythm, melody, stress, tempo, pause, etc. It has been proven that prosodic characteristics significantly influence the way certain information is conveyed, which is adjusted and specified precisely due to intonation characteristics, volume, tempo, pitch of speech.
Combating Money Laundering in Ukraine: Evolution of the National System and Its Components
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 summarises more than three decades of AML system evolution, during which it has become a significant factor in Ukraine’s integration into the global economic space. This evolution encompasses the harmonisation of national legislation with international standards, the institutional consolidation of the system, and the gradual strengthening of international trust. The purpose of the research is to conduct a comprehensive analysis of Ukraine’s AML system and its regulatory and institutional foundations through the prism of two principal components: criminal law and preventive (financial and administrative) mechanisms. Special attention is devoted to the stages of development of the Ukrainian AML system, its alignment with FATF international standards, MONEYVAL requirements, EU directives, and domestic challenges in the sphere of financial security. The study employs a set of methods: regulatory-legal analysis to identify the relevant provisions of national legislation, and historical-legal analysis to clarify the causes and features of the formation and development of the two core components of the Ukrainian AML system – criminal law and preventive (financial and administrative). The value of the research resides in the application of a systematic approach to analysing the Ukrainian AML system as an integral phenomenon that combines criminal law and preventive mechanisms, while also assessing their effectiveness.
Application of artificial intelligence technologies in criminal proceedings: realities and prospects
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.
Criteria for the application of the principle of reasonableness in contractual obligations under martial law in Ukraine
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 the civil legislation of Ukraine, which enshrines the principle of reasonableness in contractual obligations, with the principles of European contract law. The comparative legal method was applied when comparing the provisions of the Civil Code of Ukraine with one another, as well as with the provisions of international codifications of the principles of private law and national legislation. The authors analyzed the provisions of the Civil Code of Ukraine that enshrine the principle of reasonableness and concluded that it is most vividly manifested in the sphere of contractual obligations. Particular attention was paid to doctrinal approaches to defining the principle of reasonableness and its interpretation in international codifications of the principles of private law. The practical significance of this principle for the effective functioning of the system of contractual obligations is substantiated. Based on the conducted research, the main criteria used to assess the compliance of the actions of contractual parties with the principle of reasonableness were identified, namely: objectivity, consideration of specific circumstances, predictability of consequences, and balance of interests. It is concluded that under martial law in Ukraine, all these criteria of applying the principle of reasonableness in contractual obligations undergo changes: in terms of objectivity, the very standard of a «reasonable person» is transformed; when considering specific circumstances, risks caused by wartime must be taken into account; the temporal dimension of applying the criterion of predictability of consequences is altered; in balancing the interests of contractual parties and public interests, the latter gains greater weight. This indicates the development of the principle of reasonableness in contractual obligations under new legal realities, which, in the context of the renewal of civil legislation in Ukraine, may serve as a foundation for further scientific research.
international codifications of private law principles
Prosecutor's participation in cases concerning the recovery of unjustified assets to the State: in search of a functional background
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 court of constitutional jurisdiction confirmed that only the prosecution authorities have the constitutional power to represent the interests of the state in court in this category of cases, which became a conceptual obstacle to the implementation of the principle of subsidiarity of prosecutorial representation as one of the principles that the activities of public prosecution services must comply with they are given powers outside the sphere of criminal justice. For the purpose of further promising settlement of relations in the field of issues under consideration and in order to bring the legal status of the prosecutor in cases concerning the recognition of assets as unjustified and their recovery to the state in line with the principle of subsidiarity of representation of the state's interests in court by the prosecutor, it is proposed to grant the National Agency on Corruption Prevention the power to initiate proceedings in these cases as the central executive body with special status in the field of forming and implementing state anti-corruption policy, while retaining the powers of the relevant prosecutors to represent the interests of the state in court in this area in the manner prescribed by law, taking into account the principle of subsidiarity of such representation, as well as clearly stipulating that a prosecutor may perform a representative function only after justifying personal intervention and after these grounds have been accepted by the court.
representation of State interests in court
functions of the Public Prosecutor's Office
Features of legal protection of low-income families in Ukraine under martial law
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 low-income groups of the population is substantiated, which will function based on comparing the list of services and the register of recipients, using the capabilities of artificial intelligence as an electronic assistant.
Legal regulation of artificial intelligence application in anti-money laundering: analysis of international experience
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 Kingdom, is characterized. Two dominant approaches are identified: the European (comprehensive and normatively detailed) and the American (more adaptive and practically oriented). It is concluded that the key problem remains the lack of international harmonization of legal standards, which creates fragmentation of the regulatory environment and complicates operations conducted by transnational financial institutions. The rationale for establishing unified principles at the global level through the activities of international organizations is argued, which will allow ensuring a balance between innovation and legal certainty in the field of AI application. Proposals for improving the legislative regulation of this sphere in Ukraine are substantiated, taking into account European standards and contemporary technological challenges.
Organizations of the executive authority in modern European countries
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 service positions. The methodological basis of this scientific inquiry is the method of analysis, aimed at examining contemporary legislation and the functioning of the executive branch. This is complemented by the comparative legal method, which is used to compare the subjective composition of the executive power, as well as the formal-legal method to ascertain the legal status of specific entities. Other general scientific methods were also utilized in the course of this research. The conducted research will make it possible to identify common patterns across different countries, draw a single trend line, and highlight potential aspects for improving the work of the relevant authorities.
Peculiarities of Legal Regulation of the Status of an attorney in the EU Member States
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, including protections against prosecution for actions performed in the course of professional duties. As a result, the study demonstrates that while each EU country retains its own system for regulating the legal profession, there is a clear trend toward convergence in key areas, particularly regarding qualification standards, ethical obligations, and cross-border practice rights. The findings underline the importance of balancing harmonization with respect for national legal identities. The article concludes that the development of a unified yet flexible European legal profession enhances legal cooperation among member states and strengthens the protection of fundamental rights throughout the EU.
Organizational and legal guarantees for protection of human rights in the context of the constitutional and legal policy of Ukraine
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 and freedoms of man and citizen, where one of the important elements is the guarantees for protection.
organizational and legal guarantees for protection
Commissioner for Human Rights of the Verkhovna Rada of Ukraine
Agro-industrial complex as an object of administrative and legal regulation
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.
object of administrative and legal regulation
Administrative and Legal Regulation of Business in the Field of Mine Action
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 legislation the powers of the Humanitarian Demining Center for public procurement of demining services.