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.
The logic of law: post-reality as a new legal ontology
Section: HISTORY AND THEORY OF STATE AND LAW Keywords: post-reality, legal ontology, digital transformation, artificial intelligence, blockchain, legal personality, jurisdiction, algorithmic agency Every previous era of social transformation adapted legal categories without touching the ontological foundations of law itself. Today, the picture has changed fundamentally: the latest digital technologies (artificial intelligence, blockchain, augmented reality, decentralized networks) do not merely complicate social relations but alter the very nature of social space, subjectivity, and time. Classical legal ontology, shaped during the Enlightenment, proves incapable of encompassing relations that genuinely exist yet fall outside any of the available legal categories. This gives rise to the phenomenon that the article proposes to define as the «legal vacuum of post-reality». The study aims to conceptualize «post-reality» as an independent ontological category, to demarcate it from related concepts (Baudrillard’s hyperreality, Barlow’s cyberspace, Latour’s actor-network theory), and to establish the theoretical groundings of a novel legal ontology able to confront the challenges of the post-real environment. The methodological basis comprises ontological analysis combined with philosophical-legal synthesis, conceptual analysis, structural comparison, and legal modelling. The study establishes that post-reality is defined by four interrelated characteristics: the simultaneous coexistence of physical and digital spaces as a single social environment; the operation of algorithmic systems at a pace fundamentally incompatible with legal procedures; the delegation of legally significant actions to autonomous algorithmic agents; and the nullification of territorial attachment as the basis for determining applicable law. Collectively, these features undermine four postulates of classical legal ontology: spatial monism, the personalism of legal subjectivity, causal determinism, and temporal linearity. The article proposes: a concept of spatially neutral jurisdiction grounded in the personal connection between a subject and a legal order; a hybrid model of legal personality combining limited subjectivity of algorithmic agents with the subsidiary liability of human subjects; and a dual-vector approach to temporal incompatibility through the interplay of legal and technological adaptation.
Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
Data as an object of contractual relations in European Union and Ukraine law: legal nature and features of use
Section: ACTUAL DISCUSSIONS Keywords: data, contractual relations, European Union private law, harmonisation of legislation, European contract law, consumer protection, personal data, adaptation of Ukrainian legislation The article considers the legal nature of data as a specific object of contractual relations under European Union and Ukraine law. The relevance of the research topic is driven by the rapid development of digital transformation, the widespread implementation of artificial intelligence technologies, and the urgent need to adapt Ukrainian civil legislation to modern international standards and EU acquis. The main purpose of the study is to determine the legal nature and features of data usage as an object of contractual relations in EU and Ukrainian law, as well as to formulate concrete scientific proposals for establishing data as an independent object of civil rights in Ukraine. The study provides a legal analysis of key EU legal acts, including the General Data Protection Regulation (EU) 2016/679 (GDPR), Regulation (EU) 2023/2854 (Data Act), and Regulation (EU) 2024/1689 (Artificial Intelligence Act). It is substantiated that data represent a highly specific intangible object in contractual relations. The paper demonstrates that while EU law views data as a vital economic resource requiring open access and fair circulation rules, Ukrainian legal framework remains predominantly focused on public law restrictions and information security. To eliminate existing legal uncertainty and bridge gaps in national legislation, the author proves the necessity of officially establishing data as a distinct object of civil rights in the Civil Code of Ukraine. This will allow transitioning from outdated ownership concepts to the regulatory framework focused on data access rights and precise essential terms of data-sharing contracts. The practical significance of the findings lies in establishing a solid foundation for harmonising Ukrainian contractual tools with the modern EU legal framework. The research employs a comprehensive set of general scientific and special legal methods, including comparative legal analysis, formal logical analysis, and dogmatic interpretation of legal norms, particularly EU regulations and national legislation.
Appointment of a guardian in cases of recognition of a person as legally incompetent: the dilemma of balancing the private interest of a disabled person and the public interest
Section: CIVIL LAW AND CIVIL PROCESS. FAMILY LAW. INTERNATIONAL PRIVATE LAW. COMMERCIAL LAW. COMMERCIAL-PROCEDURAL LAW. Keywords: incapacity, guardian, martial law, separate proceedings, guardianship and trusteeship body, conscript, military serviceman, public interest, private interest, discharge from military service, family members The article is devoted to the analysis of the procedural features and the importance of judicial discretion in appointing a guardian in cases of recognizing a person as incapacitated through the prism of current challenges, legal positions of the Supreme Court, and also a scientific study of the ratio of public and private interest in this category of cases. The scientific methods of analysis and synthesis, induction and deduction, and abstraction were applied. This scientific study is due to the fact that cases of recognizing persons as incapacitated have become much more common in courts since the beginning of the full-scale invasion of Ukraine by the Russian Federation troops. The above indicates an urgent need to harmonize the individual rights of citizens to social care with the national priority of protecting sovereignty. A key aspect of this problem is the emergence of numerous legal dilemmas at the junction of civil and military legislation. The authors summarized that the courts should be very careful, moderate and comprehensive in their approach to appointing a guardian over an incapacitated person if the applicant is a person liable for military service or a military serviceman. There is no unambiguous and only correct algorithm for making a decision by the court (judge and jury), and each case has its own characteristics. At the same time, the court should examine the living conditions, the complexity of care, relationships, and communication of the incapacitated person with family members for a long time before considering the case in court, take into account the special status of such a person, his sensitivity and, accordingly, the need for the most effective protection from the state. On the other hand, military personnel who properly fulfill their constitutional duty to protect and defend Ukraine, including ensuring the usual way of life and life in the rear of the same incapacitated person. And, of course, all of us. Therefore, the court has no right to ignore the public interest. The court must understand as much as possible the life circumstances that become the subject of investigation in the hearings and find out whether the incapacitated person is not being used by an unscrupulous relative as a tool to evade mobilization. In such a case, the court, having comprehensively established the circumstances of the case, and having adopted a balanced, reasoned and motivated decision, will ensure both private and public interest, which will not contradict each other.
CIVIL LAW AND CIVIL PROCESS. FAMILY LAW. INTERNATIONAL PRIVATE LAW. COMMERCIAL LAW. COMMERCIAL-PROCEDURAL LAW.
Theoretical and practical aspects of the implementation of administrative acts
Section: CONSTITUTIONAL LAW. ADMINISTRATIVE LAW AND PROCESS. FINANCE LAW. INFORMATION LAW. INTERNATIONAL LAW Keywords: administrative procedure, administrative body, administrative act, execution of administrative acts, enforcement measures, bodies of the state enforcement service, enforcement proceedings The extended abstract provides a comprehensive insight into the research dedicated to the theoretical foundations and practical application of the execution of administrative acts in Ukraine, following the enforcement of the Law of Ukraine «On Administrative Procedure» (LAP). The methodological framework of the study is based on comprehensive, systemic-structural, comparative-legal, formal-dogmatic methods, as well as the method of legal differentiation. The study highlights that the entry into force of this framework law marked a crucial milestone in shifting the paradigm of public administration toward a human-centric approach and adherence to European standards of good governance. The author defines the execution of an administrative act as the final and critical stage of administrative proceedings, which ensures the actual implementation of legal rights or the protection of public interests. The paper emphasizes that the LAP integrated the Recommendations of the Committee of Ministers of the Council of Europe, balancing the state's capacity to enforce decisions with strict guarantees of predictability and fairness for private individuals. A significant portion of the article focuses on distinguishing between positive administrative acts, which are executed voluntarily by the beneficiaries, and negative administrative acts, which impose specific duties or restrictions and require mandatory enforcement in case of non-compliance. The author examines the newly introduced toolset given to administrative bodies, enabling them to act as enforcement authorities without initially relying on judicial intervention, which used to be a major source of legal uncertainty. These enforcement tools include performing actions at the expense of the obligated person, imposing monetary penalties, and exercising direct physical or psychological impact as a measure of last resort. Furthermore, the research underscores the vital importance of procedural guarantees, specifically the requirement of a mandatory written warning prior to applying any enforcement measures. This warning must specify reasonable timeframes, an itemized estimate of potential costs, and the exact type of sanctions to prevent unexpected or arbitrary state actions. The author addresses the application of discretionary powers by public authorities during this stage, arguing that principles of proportionality, reasonableness, timeliness, and legal certainty must strictly guide their choices to minimize harm to individuals and assets. Finally, the study thoroughly assesses the dualistic mechanism of interaction between administrative authorities and the State Enforcement Service. It differentiates between direct enforcement, where an administrative decision on financial penalties serves directly as an enforcement document, and indirect enforcement, which requires a court order to recover expenses after the administrative body executes the act independently. The author concludes by identifying key practical gaps, such as the lack of established administrative practices and the risks of excessive administrative discretion stemming from the wide legal range of monetary fines without predefined criteria for their assessment.
CONSTITUTIONAL LAW. ADMINISTRATIVE LAW AND PROCESS. FINANCE LAW. INFORMATION LAW. INTERNATIONAL LAW
Problematic issues and procedural features of pre-trial investigation of criminal offenses
Section: CRIMINAL LAW AND CRIMINOLOGY. THE PENAL LAW. CRIMINAL PROCEDURE AND CRIMINALISTICS. FORENSIC EXAMINATION. OPERATIONAL AC Keywords: criminal offense, inquiry, inquirer, simplified proceedings, procedural order of inquiry, admissibility of evidence, procedural haste Based on the reviewed scientific literature and current provisions of the relevant legislation, the paper examines the key principles of pre-trial investigation of criminal offenses. The relevance of the topic is determined by the need to optimize the performance of law enforcement agencies and ensure a proper balance between the speed of investigation and the quality of protection of citizens' rights in criminal proceedings. A legal analysis of the specifics of the inquiry is conducted through an investigation of the inquirer’s role, with particular attention paid to critical evidentiary issues within the simplified procedure, specifically focusing on time constraints and the involvement of witnesses. It is substantiated that the institution of criminal offenses, despite its focus on relieving the system, requires clearer legislative regulation to eliminate procedural risks. The purpose of the article is to study the features of the inquiry procedure and identify practical problems that arise during the collection and consolidation of evidence in the investigation of criminal offenses. The research methods used include the analysis of scientific literature, the comparative-legal method, and the method of analyzing judicial practice. As the main results and conclusions, the article analyzes the latest decisions of the Supreme Court regarding the terms of inquiry and review of case materials. It is proved that tight deadlines often lead to a superficial collection of evidence. It is found that the lack of clear regulation of the inquirer's procedural actions under conditions of excessive haste leads to the inadmissibility of evidence in court. It is proposed to introduce mandatory video recording when obtaining explanations and to digitalize the inquirer's workplace in order to speed up the process without losing quality and better protect the rights of case participants. The practical significance of the results lies in the development of specific recommendations for improving the activities of inquirers, which will contribute to increasing the efficiency of pre-trial investigation and compliance with the standards of a fair trial.
CRIMINAL LAW AND CRIMINOLOGY. THE PENAL LAW. CRIMINAL PROCEDURE AND CRIMINALISTICS. FORENSIC EXAMINATION. OPERATIONAL AC
Judicial Review of Decisions, Actions, and Inactions of Guardianship and Trusteeship Authorities Related to the Protection of Children's Rights
Section: ACTUAL DISCUSSIONS Keywords: protection of children's rights, guardianship and trusteeship authorities, family legal relations, public administration, administrative proceedings, civil proceedings, public administration entities The article examines the peculiarities of judicial appeal against decisions, actions, and inactions of guardianship and trusteeship authorities related to the protection of children's rights, based on the judicial practice of courts of various instances. It is established that guardianship and trusteeship authorities perform public administration functions and ensure the realization and protection of personal non-property and property rights and interests of children, which gives rise to the need for judicial review of their decisions, actions, and inactions. Based on the analysis of specific court cases, it is established that decisions of guardianship and trusteeship authorities may be subject to judicial appeal, in particular, when they are adopted in the course of resolving disputes between parents concerning participation in the upbringing of a child and determination of the child's place of residence, that is, in cases where the guardianship and trusteeship authority is empowered by law to resolve the relevant dispute on its merits as an alternative to judicial proceedings. The analysis of judicial practice makes it possible to conclude that judicial appeal against decisions, actions, and inactions of guardianship and trusteeship authorities constitutes an important guarantee for the protection of the rights and legitimate interests of children, their parents, and other interested persons. At the same time, the determining factor in bringing a claim is the proper establishment of the jurisdiction of the dispute, taking into account the nature of the disputed legal relationship, the substance of the claims, the legal nature of the contested decision, action, or inaction, and the status and powers of the defendant. Particular attention is paid to the determination of proper jurisdiction in disputes concerning the appeal of decisions, actions, and inactions of guardianship and trusteeship authorities. It is substantiated that the determining factor in establishing jurisdiction is not the status of the authority as a public authority, but the nature of the disputed legal relationship. Where a decision is directly related to the exercise or protection of family or personal non-property rights, the dispute is subject to consideration under civil proceedings. In contrast, failure by a guardianship and trusteeship authority to comply with its statutory obligation to adopt a decision or perform a public administrative function constitutes grounds for consideration of the dispute under administrative proceedings.
guardianship and trusteeship authorities
Human rights in conditions of forced migration: international legal protection of ukrainians abroad in the context of war and environmental challenges
Section: CIVIL LAW AND CIVIL PROCESS. FAMILY LAW. INTERNATIONAL PRIVATE LAW. COMMERCIAL LAW. COMMERCIAL-PROCEDURAL LAW. Keywords: environmental migration, human rights, forced migration, refugee, international protection, temporary protection, legal status The relevance of the research is обусловed by the unprecedented scale of forced displacement of the Ukrainian population, as well as by the increasing interconnection between armed conflicts, environmental degradation, and migration processes. Contemporary international legal regulation faces significant difficulties in ensuring effective protection of persons displaced simultaneously by military actions and environmental factors, which determines the scientific and practical significance of the study. The purpose of the article is to analyse the current state of international legal regulation concerning the protection of Ukrainians who were forced to leave the territory of Ukraine as a result of armed aggression, to identify the main guarantees of their fundamental rights and freedoms in host states, and to determine the shortcomings of existing international legal mechanisms in the field of environmental migration protection. Particular attention is devoted to the examination of international standards for the protection of refugees and displaced persons, the principle of non-refoulement, the mechanism of temporary protection, and the implementation of international human rights treaties. The methodological basis of the research is formed by general scientific and special legal methods of cognition, including formal-legal, comparative-legal, systemic-structural, logical-legal, and legal analysis methods. The application of these approaches made it possible to comprehensively assess the current trends in the development of international migration law and to identify the peculiarities of legal regulation regarding the protection of displaced persons under conditions of war and environmental instability. The study found that the current system of international law does not provide a comprehensive legal framework for regulating issues related to environmental migration, and existing international protection mechanisms remain fragmented and insufficiently adapted to modern global challenges, which are increasingly accompanied by large-scale environmental consequences. Proposals are made to improve international legal instruments by developing a universal regulatory framework aimed at ensuring effective protection of persons displaced as a result of the combined impact of military and environmental factors.
The use of OSINT sources in the investigation of corruption offences
Section: CRIMINAL LAW AND CRIMINOLOGY. THE PENAL LAW. CRIMINAL PROCEDURE AND CRIMINALISTICS. FORENSIC EXAMINATION. OPERATIONAL AC Keywords: OSINT, open source information, corruption offenses, investigation, digitalization, data analysis, law enforcement activity, state registers, social networks, financial analysis, information verification The relevance of this topic is explained by the fact that digital transformation has significantly changed the modern information environment. At present, vast amounts of data are openly accessible, which directly affects the possibilities for detecting and investigating corruption. In this context, Open Source Intelligence (OSINT) can be considered as a practical tool that allows investigators to work systematically with publicly available information. The study employs general scientific and specialized methods, including analysis and synthesis of academic sources, the comparative legal method, and a systematic approach to examining the use of OSINT in law enforcement activities. In addition, methods such as content analysis, network analysis, and financial analysis are applied to identify relationships between entities and to assess the effectiveness of using open-source information in investigations. Corruption remains one of the most difficult phenomena to identify, as it is often concealed through intermediaries, complex corporate structures, and cross-border schemes. Traditional investigative approaches are not always effective in dealing with such mechanisms. Therefore, the integration of OSINT into law enforcement practice is important, as it expands the ability to collect, verify, and analyze data that is formally open but requires proper interpretation and connection. The purpose of this study is to assess the effectiveness of OSINT in the investigation of corruption-related cases. This involves examining the methods used to gather and process open-source information, identifying their limitations, and considering possible directions for improving the application of OSINT within a clear legal framework. From a methodological perspective, the research is based on a combination of approaches, including analysis and comparison of academic sources, examination of legal regulations, as well as elements of content analysis, network analysis, and financial investigation techniques. The study aims to evaluate both the practical applicability of OSINT and its compliance with existing legal standards and international practices. The findings suggest that OSINT, when applied in conjunction with traditional investigative methods, has significant potential in countering corruption. However, its effective use depends on several factors, such as the development of clearer legal regulations, the establishment of standardized procedures, improvement of professional training, and enhanced cooperation between different jurisdictions. These conditions require purposeful and consistent implementation.
Interpretation of law – a necessary and important element of the law implementation process
Section: HISTORY AND THEORY OF STATE AND LAW Keywords: Interpretation of legal norms, interpretation-clarification (cognition), interpretation-explanation, official and unofficial interpretation This article highlights various approaches to defining the complex volitional process of the interpretation of legal norms. The author's approaches to understanding this issue provide a comprehensive picture of legal interpretation. A detailed analysis and assessment of interpretation are conducted as a specific type of state activity, alongside law-making, law enforcement, law protection, control and supervision, etc. The author emphasizes that the interpretation of legal norms encompasses two stages: clarification (cognition) — the primary and mandatory element of interpretation that allows for understanding the content of a legal norm (an internal mental process confined to the consciousness of the interpreter) – and explanation (interpretation) – the articulation of the meaning and content of the state will and its expression for other subjects. An explanation of the dual nomenclature of these stages is provided: interpretation (cognition) and interpretation (explanation). The objective necessity of interpreting legal norms is revealed, and its types are specified. Particular emphasis is placed on the content of official interpretation, which is divided into normative (general) and casual (individual), as well as unofficial interpretation, which includes varieties such as doctrinal (scientific), systematic and non-systematic, competent (professional), and mundane (everyday) interpretation. The article characterizes the methods of interpreting legal norms and underscores the specifics of grammatical, logical, historical-political, teleological (purposeful), and special-legal varieties of interpretation. The content of interpretation based on scope is disclosed, categorized into literal, extensive, and restrictive interpretation. Finally, the definition of acts of interpretation of legal norms (interpretative acts) is provided, and their classification is conducted. This article employs the following methods: comparative legal (associative), formal legal (dogmatic), functional, analysis, synthesis, systemic-structural, interpretation of the content of legal norms (interpretative), synergistic, and other methods.
interpretation-clarification (cognition)
Subjects of administrative and legal support for the rehabilitation of persons with disabilities in Ukraine
Section: CONSTITUTIONAL LAW. ADMINISTRATIVE LAW AND PROCESS. FINANCE LAW. INFORMATION LAW. INTERNATIONAL LAW Keywords: rehabilitation, persons with disabilities, administrative and legal support, subjects of public administration, public administration, rehabilitation care, social protection, health care, medical and social services The article examines the system of subjects of administrative and legal support for the rehabilitation of persons with disabilities. The relevance of the topic is determined by the reform of the national rehabilitation system, the transition from a predominantly status-based model of disability determination to the assessment of a person’s daily functioning, as well as by the growing need for rehabilitation care under martial law. The purpose of the article is to determine the system of subjects of administrative and legal support for the rehabilitation of persons with disabilities in Ukraine and to disclose their role in the mechanism for implementing state policy in the field of rehabilitation. The methodological basis of the study consists of dialectical, systemic-structural, formal legal, comparative legal and functional methods. Their application made it possible to consider rehabilitation not only as a set of medical and social services, but also as a complex area of public administration that combines health care, social protection, local self-government, digital administration and the participation of civil society. It is substantiated that the subjects of administrative and legal support for the rehabilitation of persons with disabilities form an interconnected system, which includes subjects responsible for shaping state policy, subjects involved in its implementation and coordination, local executive authorities, local self-government bodies, rehabilitation institutions, multidisciplinary rehabilitation teams, rehabilitation specialists, financial and organizational subjects, subjects of expert and information-digital support, as well as public associations. It is proved that the effectiveness of this system depends on a clear delimitation of competence, proper information exchange, financing, staffing and a coordinated rehabilitation pathway for the person. It is concluded that the further development of administrative and legal support for the rehabilitation of persons with disabilities should be based on a functional, human-centred and barrier-free model.
Areas of application of polygraph in conditions of war and martial state in Ukraine
Section: CRIMINAL LAW AND CRIMINOLOGY. THE PENAL LAW. CRIMINAL PROCEDURE AND CRIMINALISTICS. FORENSIC EXAMINATION. OPERATIONAL AC Keywords: polygraph, polygraph examiner, regulatory and legal documents, national security and defense, criminal offenses, investigative (search) actions, operational and search measures, intelligence activities, forensic psychological examinations The article examines the areas of application of the polygraph in wartime and martial law in Ukraine. An important problem of modern polygraphology is the identification of new areas of application of the polygraph in wartime, which contributes to the further development of this important area of special knowledge. The large-scale war has made its own adjustments and modern polygraphology requires the delineation of new areas. The purpose of the study is to analyze the areas of application of the polygraph and outline its capabilities in wartime and martial law in Ukraine. The scientific novelty lies not only in the list of areas of application of the polygraph, but also in the comprehensive analysis of the current regulatory legal acts of Ukraine that regulate its use in wartime. At the same time, the materials of the article orient the subjects of use of special polygraphological knowledge regarding the possibilities of using the polygraph in modern conditions. During the study, a system of scientific knowledge methods was applied, including general scientific analysis, synthesis, deduction, induction; private generalization, modeling; special formal-legal, system-structural, and others. The study provides grounds to assert that in the conditions of a large-scale war and martial law in Ukraine, the scope of application of the polygraph has significantly expanded and has become particularly relevant. The need to counter external and internal threats to national security, increasing requirements for staffing the security and defense sector, as well as ensuring effective investigation of criminal offenses, have led to an increase in the role of polygraph examinations in the activities of state bodies, in the commercial and private spheres.
Constitutional and legal limits of financial monitoring: proportionality of restricting the right to privacy in the case law of the European Court of Human Rights
Section: CONSTITUTIONAL LAW. ADMINISTRATIVE LAW AND PROCESS. FINANCE LAW. INFORMATION LAW. INTERNATIONAL LAW Keywords: financial monitoring, right to privacy, proportionality, Article 8 of the Convention, banking secrecy, anti-money laundering, European Court of Human Rights, AML/CFT The expansion of the powers of financial monitoring entities to access banking and other confidential personal data, driven by the reform of Ukraine’s AML system in line with the EU’s 2024 AML package (Regulation (EU) 2024/1624 and Regulation (EU) 2024/1620 establishing the Anti-Money Laundering Authority) and the FATF Recommendations, raises pressing questions about the constitutional limits of such interference with the right to privacy. Article 8 ECHR and Article 32 of the Constitution of Ukraine require that any interference be proportionate, yet this requirement remains insufficiently elaborated in Ukrainian legal scholarship as applied to financial monitoring. The purpose of the article is to systematise, on the basis of ECtHR case law, the constitutional and legal limits of financial monitoring through the proportionality test applicable to restrictions of the right to privacy, and to propose ways of aligning Ukraine’s AML legislation with these standards. The study relies on formal-legal, comparative-legal and case-law analysis. The Article 8 ECHR framework is reconstructed through the Council of Europe’s official guidance and three illustrative judgments – Michaud v. France (2012), M.N. and Others v. San Marino (2015) and Ferrieri and Bonassisa v. Italy (2025) — each addressing a different facet of access to financial data (professional reporting duties, judicial cooperation, tax administration) and together illustrating compliant and non-compliant models. This framework is then applied to Ukraine’s Law No. 361-IX of 6 December 2019. Article 8 ECHR applies to banking and financial data as part of both private life and correspondence; compliance depends not on the absence of interference but on three cumulative safeguards — an accessible and foreseeable legal basis, a legitimate aim, and necessity-related guarantees, in particular independent oversight, scope limitation, and an effective remedy. Violation cases share a common deficiency – lack of effective independent control – while Michaud v. France complied due to a filtering mechanism protecting legal privilege. The article proposes amendments to Ukraine’s AML mechanism: an independent audit mechanism, risk-differentiated scope, and enhanced protection for attorney-client privilege.
Affordable Housing Policy as a Component of the European Integration Process
Section: CIVIL LAW AND CIVIL PROCESS. FAMILY LAW. INTERNATIONAL PRIVATE LAW. COMMERCIAL LAW. COMMERCIAL-PROCEDURAL LAW. Keywords: housing, housing policy, housing affordability, European integration, housing provision, right to an adequate standard of living, social inclusion, social housing, rental housing, preferential mortgage lending, state support, socially vulnerable groups The article is devoted to defining the policy of affordable housing. The purpose of the article is to reveal the essence of affordable housing policy as a component of the European integration process. The methodological basis of the article is a combination of general scientific and special legal methods. The dialectical method made it possible to examine affordable housing policy as a dynamic interdisciplinary category encompassing legal, social, economic, and urban planning aspects. The formal legal method was used to analyse national legislation, international instruments, and European standards in the field of housing provision. The comparative legal and systemic methods made it possible to compare the Ukrainian model of affordable housing policy with European approaches and to determine its place in the process of Ukraine’s European integration. The relevance of the study of affordable housing policy is determined by the aggravation of the housing problem in the context of socio-economic transformations, rising real estate prices, the limited purchasing power of the population, and the intensification of migration processes caused by military and economic challenges. Under such conditions, housing provision becomes one of the key elements of social stability and the realization of the human right to an adequate standard of living. It is noted that the European approach to housing provision is based on a combination of the social responsibility of the state, market mechanisms, and institutional support for vulnerable groups of the population, which forms a new model of affordable housing as an element of social inclusion. In this regard, there is a need to reconsider the essence of affordable housing policy as an interdisciplinary category encompassing legal, economic, urban planning, and social aspects. Systemic changes in Ukraine’s housing legislation and gradual harmonization with European approaches make it necessary to improve the scientific and theoretical foundations of this policy. It is determined that affordable housing policy should be regarded as a component of state housing policy of a mixed public-market type, which involves the formation of legal, financial-credit, and organizational mechanisms for providing citizens with housing. It is implemented through partial state co-financing, the development of preferential mortgage lending, the creation of conditions for reducing housing costs, and a social orientation toward supporting persons who need improved housing conditions. Its main elements include legal regulation of access to housing, financial instruments of state support, the development of social and rental housing stock, stimulation of housing construction, and measures to improve the energy efficiency of residential buildings.
Subjects of public authority in the field of functioning of the blood system in Ukraine
Section: ACTUAL DISCUSSIONS Keywords: blood system, blood donation, blood components, , subject of public authority, public administration, Ministry of Health of Ukraine, local self-government bodies, state supervision (control), health care The article provides a comprehensive administrative and legal analysis of the system of public authorities involved in ensuring the functioning of the blood system in Ukraine. The relevance of the study is determined by the special importance of ensuring a sufficient supply of donor blood and blood components for healthcare institutions as a prerequisite for the effective exercise of the constitutional right to health care and medical assistance. Under martial law, the proper functioning of the blood system also becomes an important component of the resilience of the healthcare sector and the provision of the needs of the security and defence forces. The methodological basis of the study comprises systemic-structural and functional approaches, which made it possible to determine the place of individual authorities and institutions within the public administration mechanism of the blood system. The formal-legal method was used to analyse the statutory competences of the relevant actors. Methods of analysis, synthesis, classification and generalisation were applied to distinguish between the concepts of a «blood system entity» and a «subject of public authority», to identify the legal links between the respective institutions and to formulate proposals for improving administrative and legal regulation. It is substantiated that the statutory range of participants in the blood system is broader than the system of public authorities operating in this field. The legal status of a blood system entity, hospital blood bank, transfusion immunology laboratory or another participant in blood-related relations does not in itself imply the exercise of public authority. The article proposes a three-level functional classification of public authorities in this field: the strategic and regulatory level; the managerial and coordinating level; and the licensing and control level. The roles of the Cabinet of Ministers of Ukraine, the Ministry of Health of Ukraine, other state authorities, the authorities of the Autonomous Republic of Crimea, regional, Kyiv and Sevastopol city state administrations, local self-government bodies, the State Service of Ukraine on Medicines and Drugs Control, and the National Transfusion Centre are determined. The legal nature of the National Transfusion Committee is separately established as that of an advisory collegial body which should not be identified as an independent subject of public authority. It is proved that a promising direction for improving legislation is a clearer statutory delimitation of the coordinating, regulatory and control powers of the main institutions of the blood system and specification of the legal nature of decisions of the National Transfusion Centre in its relations with blood system entities.
Pluralism in contemporary legal thinking within the context of the European legal tradition
Section: HISTORY AND THEORY OF STATE AND LAW Keywords: understanding of law, pluralism, European legal tradition, rule of law, constitutionalism, legal culture, human rights This article examines the characteristics of contemporary pluralism in legal thought within the context of the European legal tradition and the transformation of legal scholarship. The relevance of the topic stems from the crisis of classical legal positivism, the intensification of globalization and European integration processes, the development of international and supranational law, as well as the need to rethink law as a multidimensional sociocultural phenomenon. Contemporary law is increasingly moving beyond a purely normative approach and is viewed through axiological, anthropological, communicative, and cultural dimensions. Of particular significance is the European legal tradition, which has shaped a unique understanding of law based on the rule of law, human rights, democracy, freedom, justice, and human dignity. The aim of this article is to explore the essence of contemporary legal pluralism and to define the role of the European legal tradition in shaping a multidimensional understanding of law. The methodological basis of the study consists of philosophical-legal, axiological, systemic and historical-legal methods, which allowed for a comprehensive analysis of the development of contemporary legal thought and the characteristics of the European legal space. The study found that pluralism in the understanding of law is a natural consequence of the development of post-classical legal science and integration processes in Europe. It has been demonstrated that European legal culture forms a distinct legal space in which national, international, and supranational legal systems interact. It has been determined that law, in the modern European understanding, is perceived not only as a system of norms but also as a system of values aimed at ensuring freedom, justice, and the protection of human rights. It has been substantiated that legal pluralism contributes to the development of democratic constitutionalism, the formation of a human-centered legal culture, and Ukraine’s integration into the European legal space.
Characteristics of the subject of legalization (laundering) of property obtained by criminal means
Section: CRIMINAL LAW AND CRIMINOLOGY. THE PENAL LAW. CRIMINAL PROCEDURE AND CRIMINALISTICS. FORENSIC EXAMINATION. OPERATIONAL AC Keywords: money laundering, laundering subject, professional intermediaries, psychological portrait, utility, latency, organized crime, money Legalization of proceeds of crime is a widespread national and global challenge. The study of persons who launder money, the analysis of their behavior is important for a better understanding of both individual criminal offenses and the phenomenon of legalization in general. Such knowledge can be used, in particular, when developing a methodology for detecting and counteracting money laundering, forming new indicators, and generally strengthening international anti-legalization measures. The article outlines the features, qualities and properties that are characteristic of subjects of the criminal offense of legalization (laundering) of property obtained by crime, the opinions of domestic and foreign researchers are processed, they are generalized and a list of individual criminological, social and psychological elements of the offender's portrait is formed. It is revealed that subjects of legalization are characterized based on their age, gender, social and property status, intellectual level, status in society and criminal circles, as well as on the basis of human characteristics. Thus, the following characteristic features of a person committing acts of laundering property of criminal origin are summarized: latency, selfishness (greed, focus on satisfying material needs), organization, flexibility, adaptability, intelligence, sociability, social orientation, strong-willedness, energy, desire for success (in particular, joining the circle of the privileged). It is concluded that selfishness, as a property and sign of the character of the subject of laundering (and which is comparable to the motive for committing a criminal offense) prevails and dominates not only in the works of scientists and researchers, but is also reflected in judicial practice - in real criminal proceedings that ended with guilty verdicts of the court that have entered into legal force.
Limits of application of simplified claim proceedings in civil procedure: protection of the defendant's rights
Section: ACTUAL DISCUSSIONS Keywords: simplified claim proceedings, minor case, protection of the defendant's rights, statement of defence, consideration without notice to parties, default judgment, cassation appeal, right to fair trial The article is devoted to a comprehensive study of the legal regulation of simplified legal proceedings. It explains the concept of a "minor case" in the current Civil Procedure Code of Ukraine, the criteria for its definition, and the grounds for a mandatory transition to general legal proceedings. The paper considers the procedural restrictions that arise in simplified proceedings, such as shorter time limits for filing a defense, the absence of a preparatory hearing, the possibility of hearing the case without notifying the parties, and restrictions on oral arguments. The study uses the case law of the Supreme Court and analyzes the European Court of Human Rights standards regarding access to justice and the proportionality of procedural restrictions. Systemic gaps are identified, and ways to eliminate them are proposed. The study examines the specific features of the functioning of the institution of simplified claim proceedings as a mechanism for optimizing judicial consideration and ensuring procedural economy. The provisions of civil procedural legislation concerning the definition of minor cases, as well as the discretionary powers of the court when deciding on the application of the simplified procedure, are analyzed. Particular attention is paid to the Decision of the Constitutional Court of Ukraine of 22 November 2023 concerning the guarantee of the right to judicial protection in minor disputes and the subsequent legislative amendments in this area. It is substantiated that certain features of simplified claim proceedings may create risks for the defendant’s exercise of the right to an effective defence, especially in cases where disputes that are complex by their nature formally meet the criteria of minor cases. It is established that the possibility of examining a case without summoning the parties, the absence of judicial debates, and the broad discretion of the court in determining the procedure for consideration may negatively affect the implementation of the principles of adversarial proceedings and equality of arms. The article proposes directions for improving civil procedural legislation aimed at strengthening the procedural guarantees of the defendant, clarifying the criteria for determining the complexity of cases, and ensuring an appropriate balance between procedural efficiency and the individual’s right to a fair trial.
The genesis of the institute of special legal regimes in Ukrainian lands in the 19th-21st centuries
Section: HISTORY AND THEORY OF STATE AND LAW Keywords: special legal regimes, martial law, state of emergency, areas of ecological emergency, genesis, Ukrainian lands This work is devoted to the study of the genesis of the institute of special legal regimes in Ukrainian lands during the 19th-21st centuries. The analysis covers the transformation of this institute from its origins in imperial times, through the period of the Ukrainian Revolution and the Soviet totalitarian system, to the current stage of its functioning in independent Ukraine, particularly in the context of full-scale armed aggression. 21st century has brought new types of threats that have required the adaptation of the institute of special legal regimes in Ukraine. In particular, the events of 2014 (the annexation of Crimea, the war in Donbas) and the full-scale invasion of 2022 demonstrated the need for a rapid and effective response to large-scale military threats from the state. At the same time, the introduction of a state of emergency during COVID-19 showed the need for a flexible system to respond to non-military threats that pose a significant threat to public health. The study is based on the principles of objectivity and historicism. Through a combination of formal-logical analysis and the dialectical method, the dynamics of the development of legislation on special legal regimes are revealed, and the patterns of their evolution – from administrative restrictions of the 19th century to modern security standards – are identified. The study concludes that, despite significant restrictions on rights and freedoms in wartime, the modern institute of special legal regimes in Ukraine is based on constitutional principles, clear legislative regulation and a commitment to international standards, which is a fundamental difference from previous historical periods. The study also identifies lessons from the past for the present, emphasising the importance of preserving democratic values and ensuring the rule of law even in the most difficult crisis situations.
Current status and prospects for improving administrative and legal regulation of emergency medical care in Ukraine
Section: CONSTITUTIONAL LAW. ADMINISTRATIVE LAW AND PROCESS. FINANCE LAW. INFORMATION LAW. INTERNATIONAL LAW Keywords: emergency medical care, administrative and legal regulation, healthcare, legislation, martial law, emergency medical care system, improvement, reform This article is devoted to a comprehensive study of the administrative and legal regulation of emergency medical care (hereinafter referred to as EMC) in Ukraine as an independent and vital component of the national healthcare system. It is determined that EMS is a special type of medical care consisting of urgent organizational, diagnostic, and therapeutic measures carried out by medical personnel in accordance with the law, aimed at saving and preserving human life in an emergency and minimizing the impact of such a condition on a person’s health. It is noted that the current state of administrative and legal regulation of emergency medical care in Ukraine is not entirely satisfactory. This is due to the fragmentation of legal provisions across numerous acts of varying legal force, which complicates both the interpretation and application of the law in this area. The main issues related to the organization and provision of emergency medical care include: the need to optimize the system of emergency medical care providers, taking into account the special legal regime of martial law in Ukraine; the need to clarify the administrative and legal status of Emergency Medical Care and Disaster Medicine Centers; the advisability of delineating the scope of authority among government entities in the field of emergency medical care; the need to improve the administrative and legal status of medical personnel; and the importance of strengthening legal liability for violations in the field of emergency medical care. It has been emphasized that the current state of administrative and legal regulation of emergency medical services (EMS) in Ukraine is complex in nature and encompasses provisions of administrative, medical, civil, and other branches of law. It has been demonstrated that the current regulatory framework in the field of EMR requires significant improvement in order to optimize the provisions of legislative and subordinate acts, systematize norms, and enhance the effectiveness of law enforcement during martial law and in the post-war period. It has been determined that the operation of the emergency medical services (EMS) system under martial law requires the development of a special legal framework to regulate the activities of EMS services during armed conflicts and emergencies, particularly regarding the coordination between civilian and military medical units (services). Emphasis is placed on bringing national legislation into line with EU norms and standards, which is a strategic direction for the development of legal regulation in the healthcare sector.
The subject matter of a contract for establishing a servitude
Section: CIVIL LAW AND CIVIL PROCESS. FAMILY LAW. INTERNATIONAL PRIVATE LAW. COMMERCIAL LAW. COMMERCIAL-PROCEDURAL LAW. Keywords: property rights, servitude, limited property rights, civil legal relations, contract, legal transaction, obligation, terms of the contract, essential terms of the contract, subject matter of the contract, causa The relevance of this study is determined by the fact that a clear and unambiguous definition of the subject matter of a contract for establishing a servitude is a key element for the stability of such civil legal relations. At the same time, despite the existence of numerous scholarly studies, the doctrine demonstrates a plurality of approaches to defining the subject matter of a contract, which complicates its practical application and the correct interpretation of essential terms, particularly in the context of unnamed contracts, where the law does not provide a standardized model for formulating the subject matter. Furthermore, scholarly efforts to define the subject matter of a contract for establishing a servitude in the context of the recodification of Ukrainian civil legislation make this research especially relevant and in demand. The aim of the study is to conduct a theoretical analysis of the subject matter of a contract for establishing a servitude and to determine the optimal approach to its formulation as an essential term of the contract. The study employed formal-logical, systemic, analysis and synthesis, induction and deduction methods, which allowed for a comprehensive assessment of the subject matter of a contract for establishing a servitude. It is concluded that the subject matter of a contract for establishing a servitude plays a key role as an essential term, as it individualizes the legal relationship and determines its legal characteristics. It is argued that the traditional approach, which understands the subject matter of a contract solely as a material asset, does not fully reveal the essence of contractual relations, particularly in the context of establishing a servitude. Instead, a more convincing approach is that the subject matter of the contract should be defined as an action or a set of actions performed by the parties aimed at achieving the legally significant purpose (causa) of the contract. In this context, the subject matter of a contract for establishing a servitude constitutes a set of actions (and/or omissions) aimed at creating and ensuring the exercise of the right of limited use of another’s property in accordance with the purpose of the contract, namely, to enable the authorized person to satisfy their needs through the use of another’s property within the specified limits.
Factors of low population involvement in the non-state pension system in Ukraine through the prism of European practice
Section: CIVIL LAW AND CIVIL PROCESS. FAMILY LAW. INTERNATIONAL PRIVATE LAW. COMMERCIAL LAW. COMMERCIAL-PROCEDURAL LAW. Keywords: private pension provision, Ukraine’s pension system, private pension fund, savings schemes, financial literacy of the population, social security, demographic challenges, tax incentives, European experience This article examines the specific features of the regulatory framework and the practical aspects of the private pension savings market in Ukraine against the backdrop of intensifying contemporary macroeconomic and demographic challenges. Based on monitoring of current trends, it is noted that the first tier of the national pension system is rapidly losing its financial stability due to the devastating impact of full-scale military aggression by the Russian Federation, the catastrophic outflow of labour resources abroad and the progressive ageing of the population which generates long-term threats of budget deficits. It is argued that under such circumstances the modernisation of the third tier – the institution of non-state pension insurance – becomes an objective necessity; despite its high potential, mentioned institution has not taken on the characteristics of a mass social instrument in Ukraine yet. The methodological basis of the study is based on a combination of methods of systemic structuring, comparative legal analysis and formal legal analysis. The tools employed have made it possible to objectively assess the current infrastructure of non-state pension provision in Ukraine, to audit the existing body of legislation and to theoretically identify and classify the key destructive factors hindering the dynamic development of this legal institution. The organisational principles of individual capital formation in Ukraine are examined through the prism of the development of a legal culture of savings. A thorough comparative study of domestic practice and leading European experience has been conducted, using the highly effective Dutch pension model as an example. The comparative analysis reveals the key legal and financial levers for encouraging citizens to participate in non-state pension insurance, in particular through a flexible system of tax deductions and incentives. Based on the data obtained, it has been established that the low participation of Ukrainians in savings schemes is due to a prolonged crisis of public trust in financial institutions, low levels of real income and financial literacy among the population, as well as the absence of effective state incentives and long-term co-financing plans. Based on a synthesis of the research findings, strategic directions for improving the non-state pension system in Ukraine in the context of European integration have been outlined. These include: harmonising Ukrainian legislation with EU law, in particular the implementation of the provisions of Directives 2016/2341 and 2014/50/EU; a radical modernisation of the organisational structure of non-state pension funds by strengthening management accountability and introducing mandatory independent audits; the introduction of innovative asset management tools to enhance returns and diversify risks and the development of a transparent ranking system for pension funds. Particular attention has been paid to the technological modernisation of the existing «Pension Calculator» service of the Pension Fund of Ukraine by integrating interactive modelling systems for non-state savings into it with the aim of overcoming mental barriers and raising citizens’ financial literacy.
Constitutional Recognition of International Legal Guarantees of Human Rights and Freedoms under Conditions of Armed Conflict
Section: CONSTITUTIONAL LAW. ADMINISTRATIVE LAW AND PROCESS. FINANCE LAW. INFORMATION LAW. INTERNATIONAL LAW Keywords: armed conflict, martial law, human rights protection, international human rights standards, international legal guarantees, human rights restrictions, human rights and freedoms The article examines the peculiarities of the constitutional consolidation of international legal guarantees of human rights and freedoms under conditions of armed conflict. The role of international human rights standards and the mechanisms of their integration into the national legal system of Ukraine are analyzed. It is established that the system of guarantees of human rights and freedoms has a comprehensive nature and includes interconnected national and international protection mechanisms. Scientific approaches to understanding international legal guarantees of human rights and their significance for ensuring the effective functioning of the state human rights protection system are considered. Particular attention is paid to the constitutional foundations for incorporating international treaties into the system of national legislation, as well as to the right of an individual to apply to international judicial institutions and international organizations after exhausting domestic legal remedies. It is substantiated that the constitutional consolidation of these provisions creates appropriate legal prerequisites for the implementation of international human rights standards and for the fulfillment by the state of its international obligations. The article analyzes the peculiarities of the realization of human rights and freedoms under martial law and determines the permissible limits of their restriction. It is established that, in conditions of armed conflict, the state may temporarily restrict certain rights and freedoms in order to ensure national security and defense; however, such restrictions must comply with the principles of necessity, proportionality, and temporariness. The constitutional provisions of Ukraine regarding rights and freedoms that cannot be restricted even under martial law, as well as certain provisions of foreign constitutions in this area, are examined. It is concluded that the effectiveness of international legal guarantees of human rights and freedoms depends on the proper level of their constitutional consolidation, the effectiveness of national protection mechanisms, and the state's compliance with international human rights standards. The study employs a combination of general scientific and special legal research methods, including the formal legal, comparative legal, and systematic methods. These methods made it possible to analyze the provisions of the Constitution of Ukraine, international legal instruments, the constitutions of foreign states, and scholarly approaches to the constitutional recognition of international legal guarantees of human rights and freedoms under conditions of armed conflict.
The peculiarities of the legal regulation of enterprise relocation under martial law
Section: CIVIL LAW AND CIVIL PROCESS. FAMILY LAW. INTERNATIONAL PRIVATE LAW. COMMERCIAL LAW. COMMERCIAL-PROCEDURAL LAW. Keywords: relocation of enterprises, relocation of business entities, legal regulation, martial law, business entities, state support for enterprises, economic activity, hostilities areas, organizational and legal mechanism, public administration This article examines the peculiarities of the legal regulation of the relocation of enterprises from territories where hostilities are taking place or which are under threat of such hostilities, under the legal regime of martial law in Ukraine. The relevance of this topic stems from the need to ensure the continuity of economic activity, preserve the production capacity of business entities, protect the labor rights of employees, and maintain the country’s economic stability in the face of armed aggression by the Russian Federation against Ukraine. Particular attention is paid to the analysis of regulatory and legal acts that define the organizational and legal framework for the relocation of enterprises, the powers of state authorities regarding the implementation of state policy in this area, as well as the legal mechanisms for state support of business entities that are relocating their production facilities to safe regions of Ukraine. The purpose of this article is to examine the peculiarities of the legal regulation of the relocation of enterprises from territories where hostilities are taking place or where there is a threat of hostilities, and to analyze regulatory acts, mechanisms of state support, and legal guarantees for the relocation of business entities under martial law. The methodological basis of the study consists of dialectical, systemic-structural, formal-legal, and comparative-legal methods. Their application made it possible to examine the legal foundations for the relocation of enterprises under martial law, analyze the system of regulatory acts governing the relevant legal relationships, identify the peculiarities of the legal framework for the relocation of business entities, and formulate proposals for improving Ukrainian legislation in this area. It has been established that the relocation of enterprises under martial law is a comprehensive organizational and legal mechanism that involves the transfer of production capacity, property, labor resources, and other elements of a business entity’s economic activity from territories where there is a threat of destruction or where conducting business is impeded to safer regions of Ukraine. It has been determined that the legal nature of relocation lies in a combination of private-law and public-law elements, since its implementation is linked both to an enterprise’s independent management decisions and to organizational and institutional support from state authorities and local self-government bodies. It has been demonstrated that the effectiveness of the relocation mechanism depends on proper regulatory and legal framework, coordination of activities by authorized bodies, provision of logistical, financial, and informational support, as well as the creation of conditions for the subsequent resumption of business operations by enterprises in the host regions.
Education as an Element of National Security and State Resilience
Section: CONSTITUTIONAL LAW. ADMINISTRATIVE LAW AND PROCESS. FINANCE LAW. INFORMATION LAW. INTERNATIONAL LAW Keywords: national security, education, hybrid threats, legal culture, cognitive security, state resilience, national consciousness, armed conflict The article examines the role of education as one of the key factors in ensuring national security under contemporary security challenges and the transformation of the nature of threats. It is argued that, in the context of globalization, digitalization of social processes, the proliferation of hybrid threats, and armed conflicts, education transcends its traditional understanding as a social institution and acquires the characteristics of a strategic state resource. The study demonstrates that the educational system directly influences the formation of human capital, national and civic identity, legal culture, critical thinking, information resilience, and society’s capacity to respond effectively to internal and external challenges. The paper analyzes the legal and regulatory framework governing the relationship between education and national security in Ukraine. It is established that, despite the growing recognition of the importance of education for strengthening state resilience, its role as an independent component of the national security system requires further normative and conceptual consolidation. Special consideration is given to the impact of the Russian Federation’s full-scale armed aggression against Ukraine on the functioning of the educational sector and its role in ensuring national resilience. The article emphasizes that, under conditions of armed aggression, education performs not only an educational but also a security-related function by providing training for strategically important sectors, fostering national consciousness, and strengthening society’s resistance to information and psychological influence. It is concluded that an effective educational policy constitutes a necessary prerequisite for strengthening national security, defense capability, post-war recovery, and the sustainable development of Ukraine. A comprehensive set of general scientific and special legal research methods was employed in the study, including the dialectical, systemic-structural, formal-legal, and comparative-legal methods. The application of these methods made it possible to analyze the regulatory and legal foundations of the relationship between education and national security, as well as to determine the role of education in ensuring state resilience in the face of contemporary security challenges.
Inheritance of limited real rights in another person’s property by will
Section: CIVIL LAW AND CIVIL PROCESS. FAMILY LAW. INTERNATIONAL PRIVATE LAW. COMMERCIAL LAW. COMMERCIAL-PROCEDURAL LAW. Keywords: will, testator, heir, limited real rights in another person’s property, inheritance, hereditary succession, property, proprietary rights This article examines the peculiarities of the inheritance of limited real rights in another person’s property by will. It elucidates the concept of a will and analyzes the provisions of the civil legislation of Ukraine governing the institution of limited real rights in another person’s property and the procedure for their inheritance. Particular attention is paid to the principle of testamentary freedom, which enables a testator to determine, at their own discretion, the legal fate of their proprietary rights, thereby giving priority to testamentary succession over intestate succession. At the same time, it is emphasized that testamentary freedom is not absolute and is limited by the legal nature of certain limited real rights in another person’s property. It is substantiated that not all limited real rights in another person’s property recognized under Ukrainian legislation may constitute the subject matter of a testamentary disposition, owing to their legal nature. Particular attention is devoted to servitudes, as the possibility of their transfer by testamentary succession depends on the type of the respective real right. According to the criterion of the person in whose interest the servitude is established and its functional purpose, a servitude may be personal or predial (land). A predial servitude may pass by testamentary succession together with ownership of the immovable property as an element of its legal regime. By contrast, a personal servitude cannot constitute the subject matter of a will, since, pursuant to the Civil Code of Ukraine, it terminates upon the death of the person for whose benefit it was established. The article emphasizes that the inclusion in a will of a disposition concerning limited real rights in another person’s property which, under the law, cannot be transferred by hereditary succession does not, in itself, constitute grounds for declaring the will invalid. In such cases, only the relevant testamentary disposition is invalid, whereas the will as a whole remains valid. Special attention is also given to the analysis of the Draft Civil Code of Ukraine, which demonstrates a tendency towards expanding not only the catalogue of limited real rights in another person’s property but also the range of such rights that may be transferred by testamentary succession. This indicates a strengthening of the dispositive principles governing the inheritance of limited real rights in another person’s property by will. Based on the findings of the study, the author formulates the criteria determining the possibility of the transfer of limited real rights in another person’s property by hereditary succession.
limited real rights in another person’s property
The concept of organisational and legal support for the information activities of the State Bureau of Investigations
Section: CONSTITUTIONAL LAW. ADMINISTRATIVE LAW AND PROCESS. FINANCE LAW. INFORMATION LAW. INTERNATIONAL LAW Keywords: State Bureau of Investigation (SBI), information activity, information interaction, organizational and legal support, , information relations, law enforcement bodies, information security The relevance of the study is determined by the increasing role of information activity in ensuring the effective functioning of law enforcement bodies, particularly the State Bureau of Investigation (SBI), in the context of digital transformation of public administration. At the same time, the current legislation of Ukraine does not provide a comprehensive and systematic regulation of the information activity of the SBI, which leads to fragmentation of legal norms and complicates the practical implementation of information processes. The purpose of the study is to conduct a comprehensive analysis of the information activity of the State Bureau of Investigation and to develop a conceptual approach to its organizational and legal support, including the identification and characterization of its structural components. The methodology of the research is based on a combination of general scientific and special legal methods. The dialectical method was used to examine the development of information activity in relation to modern digital processes. The formal-legal method was applied to analyze regulatory legal acts governing information relations. The system-structural method enabled the identification and characterization of the main components of organizational and legal support. In addition, the method of generalization was used to formulate conclusions and theoretical provisions. The results of the study indicate that the organizational and legal support of the information activity of the SBI should be considered as a complex system consisting of interrelated components: regulatory (legal), organizational and communication, procedural, and technical. Each of these components performs a specific function in ensuring the creation, processing, storage, use, dissemination, and protection of information. The proposed approach constitutes the scientific novelty of the study, as it allows for a systematic understanding of the mechanism of information activity and creates a basis for improving legal regulation, strengthening interagency cooperation, and ensuring a balance between efficiency and the protection of human rights in the information sphere.
Institutional judicial policy in the eu: vectors of modernization on background of national pecularities
Section: CONSTITUTIONAL LAW. ADMINISTRATIVE LAW AND PROCESS. FINANCE LAW. INFORMATION LAW. INTERNATIONAL LAW Keywords: institutional policy, judicial policy, EU, European integration, digital modernization, legal divergences The article is devoted to the institutional aspects of the transformation of EU judicial policy, caused by the processes of digitalization and public articulation of national interests and legal practices. The tendency of introducing pan-European norms of control over judicial policy, which meets with challenges and demonstration of differences at the national level, is traced. The EU experience in institutionalizing judicial policy, which involves consolidating well-founded legal practices in specific procedures and precedents, is studied. It is established that modern EU judicial practices are becoming functionally fragmented, especially on the periphery of the EU. The discrepancies between the EU Court's aspiration for digital and procedural modernization and the trends of national interpretation of legal innovations are considered. The position of the Court of Justice of the EU on interaction with national judicial systems is characterized, which requires greater factual and legal compliance from national judges. The features of the pressure of internal political interference on the judicial institutions of the EU are considered. Special attention is paid to the institutional powers of the Court of Justice of the European Union (CJEU), which acts as a neutral arbiter of judicial policy. It is found that the implementation of digital openness demonstrates that the Court of Justice of the European Union seeks to develop the public legitimacy of decisions and counteract the narrative of the «democratic deficit». It is established that the institutional policy of the Court of Justice of the European Union consists in the desire to form a single EU legal space. The positions of foreign legal researchers are revealed regarding the insufficient effectiveness of regulatory instruments of coercion to ensure compliance with standards in conditions where national legislative bodies decide to slow down institutional changes in judicial policy at the national level. The content of the contradictions between the directions of technological development of the Court of Justice of the EU and the slow implementation of innovations by the member states, in which judicial reforms have not been fully implemented or have «stepped back», is presented. The gap between the «de jure» powers of the Court of Justice of the EU and their «de facto» implementation by national entities is revealed, which is taking on the characteristics of a crisis phenomenon in the integration of the European judicial system. National precedents of politically motivated decisions regarding officials of the judicial system and supervision of legality in the member states are also considered, which demonstrate insufficient protection and autonomy of the judicial system of individual EU member states. It is emphasized that national judicial bodies face internal political pressure and depletion of resources, as a result of which the mechanism of «preliminary decisions» introduced at the EU level becomes a source of conflict. It is emphasized that the transition to a more transparent and integrated EU judicial system is a requirement of its institutional development. It is established that the further development of the EU judicial policy will be determined by balancing the possibilities of external and internal judicial enforcement. It is emphasized that the institutional aspect of the EU judicial policy is embodied in the development of generally accepted procedures and standards of judicial proceedings, as well as appeal procedures and the development of innovative judicial infrastructure. It is concluded that a clear connection of codification and other generalizing acts with the fundamental acts of the EU (in particular, with the treaties on the functioning of the EU) forms an integrated legal reality that «programs» specific responses to the requests of the national judicial systems of the member states.
Private Medical Institutions as Parties to Contracts for the Provision of Medical Services
Section: CIVIL LAW AND CIVIL PROCESS. FAMILY LAW. INTERNATIONAL PRIVATE LAW. COMMERCIAL LAW. COMMERCIAL-PROCEDURAL LAW. Keywords: Private medical institution, medical services agreement, medical law, patient, civil liability, health protection Under martial law, when the threat to life and health increases significantly, ensuring the availability, adequate quality, and continuity of medical care becomes critically important. The highest law of the state-namely, the Constitution of Ukraine guarantees the protection of individuals, their health, and their right to medical care and insurance. All citizens should have access to affordable healthcare, as human life is considered the greatest social value. Attention is drawn to the availability and continuity of care under these circumstances, as this is of critical importance. Citizens are given the option to choose between municipal and public healthcare facilities or to seek care at private institutions. This article examines the development of the private sector in the provision of medical services and its legal capacity under civil law; it analyzes the legal status of the parties to contracts with patients, as well as the specifics of liability for the improper provision of medical care. This study employed both general scientific and specialized legal research methods, including formal-logical, systemic-structural, and comparative-legal approaches, as well as methods of analysis and synthesis. The use of these approaches facilitated an in-depth examination of the legal nature of the phenomena under study and helped identify the key features of their legal regulation. This paper analyzes the characteristics of legal liability in cases of failure to meet appropriate standards of care. This liability is multifaceted and is based on a combination of contractual and tort (non-contractual) forms. At the same time, it highlights the heightened demands placed on the burden of proof and compliance with professional norms and standards. The report concludes that it is advisable to improve the regulatory framework governing the private healthcare sector. It proposes the introduction of higher standards of quality and transparency in the provision of medical services and emphasizes the importance of strengthening legal protections for patients when they seek care at private medical facilities.
Case law of the Court of Justice of the European Union and the European Court of Human Rights in the field of administrative appeals against individual acts
Section: CONSTITUTIONAL LAW. ADMINISTRATIVE LAW AND PROCESS. FINANCE LAW. INFORMATION LAW. INTERNATIONAL LAW Keywords: individual act, good governance, due administration, administrative appeal, administrative procedure This article is devoted to a theoretical overview of the key legal positions established in the case law of the Court of Justice of the European Union and the European Court of Human Rights regarding administrative appeals against individual acts, as well as their significance in the context of Ukraine’s European integration processes. The institution of administrative appeals against individual acts is one of the main forms of protection of the rights, freedoms and legitimate interests of private individuals in their relations with administrative bodies in modern legal systems. At the same time, for a long time, the pre-trial procedure for reviewing decisions was perceived in Ukraine primarily as a formal, ineffective procedure that merely delays the process of judicial protection. As a result of active reform of administrative legislation, in particular regarding the implementation of the Law of Ukraine «On Administrative Procedure», the issue of clearly defining the scope, content and criteria for the effectiveness of administrative appeals has become topical. The case law of the Court of Justice of the European Union and the European Court of Human Rights should serve as a guide for considering this issue. The methodological basis of this work is the comparative legal method, which has enabled a comparison of the approaches of both judicial institutions, alongside a formal legal analysis of the texts of judicial decisions. The study found that the practice of the ECHR assesses the effectiveness of pre-trial review in the context of the right to a fair trial (Article 6 of the ECHR), the right to an effective remedy (Article 13 of the ECHR) and Article 35 (exhaustion of domestic remedies) of the European Convention. For its part, the Court of Justice of the European Union emphasises the principles of good administration, legal certainty and the obligation for administrative bodies to state reasons for their decisions. The authors demonstrate that the case law of both courts is not contradictory but complementary, and forms a unified European approach to the administrative protection of the rights of natural and legal persons. Based on the research conducted, it is concluded that an effective administrative appeal procedure must be based on the principles of impartiality, expediency, reasoned decisions and the guarantee of the right to be heard.
Legal support of information policy in the field of budgetary financing of energy
Section: CONSTITUTIONAL LAW. ADMINISTRATIVE LAW AND PROCESS. FINANCE LAW. INFORMATION LAW. INTERNATIONAL LAW Keywords: information policy, budget financing, energy, financial transactions, open data, transparency, digital financial monitoring, algorithmic regulation, information security The article examines the legal support of information policy in the field of energy budget financing as a tool for ensuring the transparency of public finances and improving the efficiency of public administration. It is substantiated that the information policy has an interdisciplinary nature and combines the norms of financial, information and energy law. It has been proven that a key element of such a policy is data on financial transactions in the energy sector, which reflect the real movement of budgetary and private resources and serve as the basis for ensuring transparency, accountability and control. The complex legal nature of these data, which combines the characteristics of public financial information, a strategic resource and a restricted access object, is determined. The need to balance between the openness of financial flows and the protection of sensitive information was emphasized. Special attention is paid to the transformation of information policy from traditional forms of control to algorithmic models of data management. It is proposed to introduce the term «digital financial monitoring of the energy sector» as a new legal category reflecting the systematic use of digital technologies for the collection, analysis and verification of financial data in real time. A complex of general scientific and special legal methods was used in the research process. In particular, a formal-legal method was used to analyze the norms of budget, information, and energy legislation, and a systemic-structural method was used to study the relationship between information policy, digital financial monitoring, and budget processes in the energy sector. Comparative legal and prognostic methods were also used to assess foreign approaches to the digitization of public finances and justify the prospects of introducing the concept of a «digital double» of budget flows in Ukraine. It is proposed to amend the Budget Code of Ukraine by establishing the appropriate definition, which will contribute to the formation of a modern legal mechanism for managing financial flows in the energy sector. It was concluded that the development of digital tools for monitoring and algorithmic regulation allows to transform information policy from reactive to preventive, increasing the effectiveness of control, reducing corruption risks and ensuring the energy sustainability of the state.
Interaction between public authorities and volunteer and charitable activity’s entities in Ukraine: administrative and legal aspect
Section: CONSTITUTIONAL LAW. ADMINISTRATIVE LAW AND PROCESS. FINANCE LAW. INFORMATION LAW. INTERNATIONAL LAW Keywords: volunteer activity, volunteer assistance, charitable activity, charitable assistance, public authorities, interaction, coordination, humanitarian aid, public administration, digital record-keeping tools The article examines the administrative and legal aspect of interaction between public authorities and actors of volunteer and charitable activities in Ukraine. It is substantiated that under martial law such activities have acquired the significance of an important factor of social resilience, support for the state’s defence capability, humanitarian response, social assistance, and restoration of territorial communities. The methodological framework of this study is based on systemic-structural and functional approaches, the application of which has made it possible to examine the interaction between public authorities and entities engaged in volunteer and charitable activities as a cohesive system of organizational, coordination, service, accounting and reporting, oversight, and digital linkages. The formal legal method was used to analyze the provisions of current Ukrainian legislation defining the legal foundations of volunteer, charitable and humanitarian activities, as well as the procedures for their public administration. The methods of analysis, synthesis and generalization were applied to identify the main forms of administrative and legal interaction, determine the limits of permissible public influence, and substantiate a coordination-and-service model of interaction that combines the requirements of legality, transparency and accountability with guarantees of the freedom of civic initiative. It is determined that such interaction is not limited to the characterization of the legal status of volunteers, charitable donors, and charitable organizations, but covers a system of organizational, coordinative, service-oriented, registration, control, consultative, and digital links between public administration and civil society institutions. The main forms of administrative and legal interaction are revealed: coordination, public support, record-keeping, digital administration, control, ensuring transparency, and involvement of actors of volunteer and charitable activities in the formation and implementation of public policy. It is proved that the key problem in this area is ensuring a balance between the public interest, the requirements of legality, accountability and integrity, and the freedom of civic initiative. It is emphasized that excessive institutionalization, duplication of registration procedures, complication of reporting, or dependence of bona fide assistance on the discretionary judgment of officials may reduce the effectiveness of the volunteer movement. A coordination-and-service model of administrative and legal interaction is proposed, which provides for the creation of clear rules, development of digital registration tools, tax, customs, and organizational support for bona fide actors, risk-based oversight, and stable communication channels between public authorities and civil society. It is concluded that such a model makes it possible to ensure an appropriate level of public administration without bureaucratizing volunteer and charitable activities and without excessive state interference in the freedom of civic initiative.
The USE of artificial intelligence technologies in the electronic healthcare system of Ukraine
Section: CONSTITUTIONAL LAW. ADMINISTRATIVE LAW AND PROCESS. FINANCE LAW. INFORMATION LAW. INTERNATIONAL LAW Keywords: artificial intelligence, electronic healthcare system, electronic medical information systems, electronic health data, legal regulation, personal data protection, meaningful human oversight, legal liability The article examines the legal and organizational aspects of the use of artificial intelligence technologies in Ukraine’s electronic healthcare system and the electronic medical information systems integrated with it. The principal areas of application of these technologies are outlined, including the processing of electronic health records, medical image analysis, disease risk prediction, personalized treatment, support for telemedicine services, healthcare resource management, and cyberthreat detection. The study analyses the risks associated with insufficient data quality and representativeness, algorithmic bias, the lack of transparency of automated outputs, breaches of medical data confidentiality, unauthorized access to personal data, and uncertainty regarding legal liability. It is emphasized that artificial intelligence systems should perform an auxiliary function and must not replace the professional clinical judgment of healthcare practitioners. The methodological basis of the study comprised formal-legal, systemic-structural and comparative-legal methods, as well as methods of analysis, synthesis and generalization. Their application made it possible to analyse national and European legal regulation, determine the place of AI systems in the electronic healthcare infrastructure, and substantiate proposals for a risk-based model of their integration. A risk-based model of legal regulation is proposed, under which the scope of applicable requirements should depend on the intended purpose of the system, its degree of autonomy, the nature of the data processed, and the potential consequences for patients’ lives, health, and rights. Such a model should provide for the classification of systems according to their level of risk, technical and clinical assessment, auditing of the quality and representativeness of training data, transparency and explainability of algorithmic outputs, meaningful human oversight, logging of operations, and continuous monitoring. A phased procedure for integrating artificial intelligence technologies into the electronic healthcare infrastructure is formulated, and the establishment of a register of systems authorized for use is proposed. Approaches to the allocation of liability among healthcare practitioners, healthcare institutions, developers, software providers, and entities responsible for operating electronic medical information systems are identified. The principles of legality, human-centeredness, data minimization, non-discrimination, safety, transparency, accountability, and traceability of automated operations are specified.