Law and Safety

Content of the Right to Defence of Persons Affected by Domestic Violence

2025-07-09T16:45:28+03:00

The concept of the content of the right to defence of subjective rights and freedoms of an individual from domestic violence is studied. It is noted that universality is a qualitative feature of the legal category of the right to defence ion. The legal nature of the right to defence is considered, the concepts of “right to defence ion” and “protection of rights” are analysed, which will allow better understanding and ensuring the protection and safeguarding of human rights and freedoms. The features that characterise the right to defence ion of victims of domestic violence are presented, and their role in its implementation is determined.

In the conditions of legislative transformation and legal rethinking of modernity, great importance is attached to understanding of law, its nature, content, functions, and directions of influence on social relations. Therefore, there are grounds and a need to define the right to defence as a universal principle which forms a qualitatively new level of legislation not only at the federal but also at the regional level. It is indicated that the right to defence is a category in the theory of law which is an indicator of universality and preservation of its axiological significance for building a new system of legislation of Ukraine with a view to its development and compliance with international standards. The role of functions of law in the legal system cannot be underestimated. They, along with the principles of law, have become the starting structural components of this system.

There are a lot of regulations developed to ensure a comprehensive approach to combating domestic violence and to promote the rights of victims of domestic violence through preventive measures, as well as to respond in a timely manner to the facts of domestic violence. Unfortunately, the problems remain and there are many of them.

The starting point, the vector that will guide family policy, is the Strategy on Children’s Rights (2022–2027) “Children’s Rights in Action: from Stable Implementation to Joint Innovation”. It is determined that the primary task of the Strategy is to protect the interests of the child.

Verbal Aggression: Linguistic and Legal Aspect

2025-07-09T16:45:29+03:00

The article examines the phenomenon of verbal aggression as a linguistic and legal problem which, under certain conditions, can be qualified as an administrative or criminal offence. The verbal aggression is defined as a conscious communicative strategy aimed at achieving certain goals through the use of language. Theoretical aspects of communication strategies are characterised. The key characteristics, forms of manifestation and consequences of verbal aggression in the context of interpersonal communication are analysed. Various forms of verbal aggression are considered, including insults, threats, criticism, irony, manipulation and ignoring. Particular attention is paid to the analysis of linguistic means used to implement verbal aggression as a communication strategy. The lexical, syntactic and stylistic features of aggressive statements, as well as their impact on the emotional state of the interlocutor are identified.

The term “offence committed verbally” in the context of legal linguistics is considered, and its difference from more established concepts such as “hate speech” or “verbal aggression” is emphasised. It is noted that the development of jurisprudence contributes to a detailed analysis of speech actions that may have legal significance.

The main attention is paid to the characterization of offences committed verbally through the components of their legal qualification, in particular, the object, objective side, subject and subjective side. The public danger associated with their information impact on public relations, in particular, human rights, public order, state security and interests of justice, is considered. The linguistic expertise is analysed as an important tool for determining legally significant statements.

The article also deals with the issues of enshrining verbal offences in the criminal and administrative legislation of Ukraine. Examples of articles of the Criminal Code of Ukraine and the Code of Ukraine on Administrative Offences regulating liability for aggressive speech acts, including threats, harassment and calls for offences, are provided. It is noted that an important aspect of law enforcement is to take into account the context of statements, their content and possible consequences.

The importance of further development of interdisciplinary approaches to the analysis of verbal offences is emphasised, which will allow for a more effective classification of such acts according to their semantic model. The emphasis is placed on the need to systematically consolidate the concept of ‘verbally committed offence’ in legal and scientific doctrine to ensure an adequate legal assessment of such phenomena.

Impact of Religion on the Social Status of Women in India: Historical and Legal Overview

2025-07-09T16:45:29+03:00

The article is devoted to a retrospective study of the impact of religion on the social status of women in India. In particular, it is shown that throughout the long history of Indian civilisation, religion has shaped and changed the idea of women, their place and role in society. In the myths and legends of the prehistoric period, a woman is a divine creation given to a man for a life together. With the penetration of the Aryans deep into Hindustan and the development of Brahmanism, the attitude towards women changed, and their dependence on men increased. The article analyses the main postulates of the Brahminical doctrine, which defined the main purpose of a woman – to give birth. In this sense, the wife was seen as a “field” whose “owner” is the husband. It is shown that the canons of Brahmanism required women to be devoted to their husbands even after his death. This was reflected in the shameful, humiliating attitude towards widows and the tradition of self-immolation of widows, which testified to the wife’s complete dependence on her husband, even after his death. The article examines the religious and philosophical teachings of Jainism and Buddhism, which became a real challenge to Brahmanism, as they broke the established views on the meaning of life, as well as on the place and role of women in the family and society. The original sources are studied, on the basis of which it is concluded that the founders of the new religious and philosophical teachings of that time – Mahavira and Buddha – were not social reformers, since they did not oppose the varna-caste system of society, did not defend the equality of rights of men and women in the modern sense. Nevertheless, they made a significant contribution to solving the gender problems of the society of that time, as Jainism and Buddhism became religions that disregarded the ethnicity and caste of their adherents. The new religions opened up access to spiritual self-realisation and education for women, which was undoubtedly revolutionary. The religious and philosophical teachings of Jainism and Buddhism provoked a negative reaction from Brahmanism. It manifested itself in an even stricter canonical consolidation of the hierarchy of varna, ranking of marriage forms and rules of behaviour in the family. Subsequently, Hinduism, which became the dominant religion in India, effectively deprived women of their rights and established the complete supremacy of male power in society and in the family.

Specific Features of the Classification of War Crimes Against Property Involving Elements of Theft

2025-07-09T16:45:30+03:00

The article is devoted to the development of theoretical foundations and practical recommendations for the correct classification of war crimes directed against property and involving elements of theft. Additional arguments are presented in favour of interpreting theft as the unlawful removal of property from the owner’s possession against their will, as well as the conversion of such property for the benefit of other persons. Approaches to the classification of war crimes against property are identified, provided that it is recognised as an additional optional object of encroachment, which depends on both the perpetrator of the crime and the characteristics of the object, the victim, the method and context of the socially dangerous act. Three typical situations of criminal law classification have been established and characterised, and a number of legal options have been identified within which the grounds for classification are determined, either as a war crime under Article 438 of the Criminal Code of Ukraine, or as a military offence with signs of a war crime, including looting (Articles 432, 433 of the Criminal Code of Ukraine), or as an ordinary criminal offence. The characteristics of the international legal blanket nature of the disposition of Part 1 of Article 438 of the Criminal Code of Ukraine in terms of causing damage to property in conditions of armed conflict as a result of acts with signs of theft are provided.

It has been proven that acts involving theft, robbery, extortion, appropriation of civilian property, and unlawful seizure of vehicles committed by combatants on the side of the russian federation should be classified under Part 1 of Article 438 of the Criminal Code of Ukraine as other violations of the laws and customs of war provided for by international treaties, the binding nature of which has been approved by the Verkhovna Rada of Ukraine. 438 of the Criminal Code of Ukraine as other violations of the laws and customs of war provided for by international treaties, the binding nature of which has been approved by the Verkhovna Rada of Ukraine. This classification is based on the violation of the prohibition on the appropriation of such property, established by Part 1 of Article 53 of the Hague Convention of 1907, Article 147 of the Geneva Convention relative to the Protection of Civilian Persons in Time of War of 1949, and Rule 51 of Customary International Humanitarian Law. It is emphasised that this rule of criminal law classification is also applicable to a corresponding group of acts committed by civilians who are agents of the occupation. Such persons may include both citizens of the aggressor state and citizens of Ukraine who, as a result of predicate collaboration activities (Parts 5–7 of Article 111-1 of the Criminal Code of Ukraine), have acquired the status of subjects of occupation.

Communication Technologies and Specialised Communication Protocols for Ensuring Cybersecurity of the Internet of Things

2025-07-09T16:45:30+03:00

Internet of Things devices are characterised by limited resources in terms of power, processing, memory and bandwidth. As a result, traditional protocols relating to network operations and security cannot be implemented in their current form in the specific environment of the Internet of Things.

Standardisation is necessary for the organisation of IoT interaction, because without established regulations, precise instructions and global standards, the industry will eventually face serious compatibility and security issues. In addition, many IoT devices process sensitive data that they can autonomously collect and distribute to other devices or the network. There is a need for stronger data protection measures and stricter controls for IoT devices that authenticate and interact on the network. Protecting IoT devices and communication protocols has become a priority in our increasingly connected world.

It is noted that the analysis of the security of IoT communication technologies using specialised communication protocols across networks with different topologies, communication ranges and bandwidths is a pressing issue, as the number of security and privacy breaches in the IoT ecosystem is growing, which is constantly expanding in various sectors of the economy and human life with the introduction of billions of heterogeneous smart devices. In addition, many Internet of Things networks cover a wide range of communication protocols, some of which may not have reliable security features, making them vulnerable to attacks.

The term “communication technology” is used to define communication protocols at each level of the Internet of Things platform architecture. In an effort to provide a better understanding of the architecture and use of Internet of Things technologies, the taxonomy presented in the article facilitates the effective separation of relevant Internet of Things technologies into channel-level protocols, network encapsulation protocols, and routing protocols according to their standards.

The study may encourage scientists and professionals to develop new and more effective network protocols based on the current gaps and shortcomings discussed in the article.

Training of Personnel for the Internal Affairs Agencies of the Ukrainian SSR at the Turn of the 1960s and 1970s.

2025-07-09T16:45:28+03:00

The article examines the main aspects of recruitment, training and education of militia personnel in 1969–1970. The staffing of the Ukrainian SSR militia in this period can be considered satisfactory, but the situation with their qualitative composition, the level of special and higher education, advanced training of these personnel, the level of their combat and physical training was not satisfactory enough. As of the beginning of 1970, a certain part of the senior staff of the internal affairs bodies did not even have a general secondary education. There was a considerable lag in raising the educational level of employees in the criminal investigation, departments for combating the theft of socialist property and the State Automobile Inspectorate. The number of officers with higher education in these services increased extremely slowly and amounted to 15.2 % in the criminal investigation department, 21.0 % in the departments for combating the theft of socialist property, and 9.3 % in the State Automobile Inspectorate. At the beginning of 1970, every second police officer in the republic did not have a general secondary education, and in the departments of internal affairs of Ivano-Frankivsk, Rivne, Lviv, Ternopil, and Kherson regions, the number was up to 75 %. These were very low figures, which could not but affect the efficiency of these units. In many regional internal affairs departments, training sessions were held irregularly and in a poorly organised manner. Many militia employees were not able to shoot accurately, did not know the grounds for using weapons, and did not know sambo techniques. There were few group exercises and operational training sessions to teach officers how to conduct multidimensional preventive work, solve crimes in hot pursuit, and organise the search for and detention of dangerous criminals. The training of district inspectors did not sufficiently use the best practices of the best district inspectors. There were significant shortcomings in the organisation of initial training for newly recruited police officers. The Ministry of Internal Affairs of the Ukrainian SSR tried to improve this situation by considering this issue at its board, emphasising it in special directives and instructions, but despite this, no positive changes were actually achieved in 1969–1970. The leadership of the Ministry of Internal Affairs tried to improve the conditions of service in the militia, to make it more attractive and prestigious in order to retain personnel. To this end, uniforms were improved, and the awarding of the badge “Distinguished Militia Officer” was restored.

Contractual Regulation of Marital Relations in Ukraine

2025-07-09T16:45:30+03:00

The contractual regulation of marital relations as a modern legal and social instrument for regulating the interaction of spouses in Ukraine is analysed. Attention is paid to clarifying the concept, legal nature, and characteristics of the parties to a marriage contract, as well as comparing the legal regulation of the institution of marriage contracts in Ukraine and foreign countries from the perspective of the possibility of integrating positive foreign experience. The legislation of various countries is analysed, with particular attention paid to the experience of the France and Germany, and the social prerequisites and consequences of the spread of the practice of contractual regulation of marital relations are revealed.

The position that a marriage contract is not only a legal form of regulating the rights and obligations of spouses, but also a social mechanism that reflects the transformation of the institution of the family in the context of a changed value system, increased individualisation and the growing importance of personal autonomy is supported. Empirical data is presented showing that, despite the legal possibility, marriage contracts remain uncommon due to the dominance of traditional ideas about marriage, distrust of legal mechanisms, and low legal awareness. It has been proven that a marriage contract is a contract for joint activity, concluded to change the legal regime of jointly acquired property of spouses, and does not contain obligations of the parties to combine their contributions and act jointly.

The contractual regulation of marital relations in Ukraine was studied through the prism of modern legal approaches, the theoretical foundations, regulatory framework and practice of its application were analysed, the content of the marriage contract, its limits were revealed. Conclusions have been drawn about the introduction of certain provisions regarding marriage contracts that are not characteristic of Ukrainian legislation: firstly, the prohibition on making changes to a marriage contract is considered a radical and unjustified condition; secondly, the registration of marriage contracts through the courts is considered burdensome for both the parties and the judicial system.

In conclusion, the need for a broader legal awareness approach, adaptation of national legislation to modern social realities, and support for the institution of marriage contracts as an element of responsible partnership and social stability is noted.

System of Principles for Service in the State Bureau of Investigations

2025-07-09T16:45:29+03:00

The system of principles governing service in the State Bureau of Investigations is examined. It is noted that service in the State Bureau of Investigations, like any other law enforcement agency, is based on a system of principles. The principles are the basic provisions underlying service and concentratedly reflect the patterns of relevant social relations, permeating the entire mechanism of legal regulation and determining the organisational structure of social relations in the State Bureau of Investigations.

The views of scholars on the list of principles of civil service and service in law enforcement agencies have been studied. National legislation that enshrines the principles of civil service and the foundations of the organisation and activities of the State Bureau of Investigations has been researched. Attention is drawn to the lack of unanimity in the approaches of scholars to defining the range of principles of civil service and service in law enforcement agencies, as well as to the differences in the lists of relevant principles in the Ukrainian laws “On Civil Service” and “On the State Bureau of Investigations”.

It has been established that the principles of service in the State Bureau of Investigations can be divided into general and special principles. General principles include: the principle of the rule of law; the principle of legality; the principle of justice; the principle of equality; the principle of transparency. Special principles include: the principle of voluntary recruitment; the principle of prohibition of coercion to perform duties not provided for in the contract and job description; the principle of non-partisanship; the principle of patriotism; the principle of impartiality; the principle of ensuring fair, safe and healthy conditions of service; the principle of independence; the principle of professionalism and efficiency; the principle of integrity; the principle of personal safety and social protection; the principle of personal responsibility and inevitability of punishment; the principle of unity of command. The above principles are considered and recommendations for improving the relevant national legislation are proposed.

National and Alternative Reports on the Implementation of the European Social Charter (Revised) as a Principle of Human Rights Compliance

2025-07-09T16:45:30+03:00

The article reveals the main provisions of the European Social Charter (revised) 1996 and its interconnection with the European Social Charter 1961. The research methodology is based on general scientific and special methods of cognition. It is emphasised that Ukraine's integration into the European legal space and the fulfilment of its obligations under the Association Agreement with the European Union require the harmonisation of national legislation with European standards. Emphasis is placed on the forms of control over the fulfilment of obligations under the Charters, including the submission of national reports and the collective complaint procedure. Complaints must raise general issues regarding the incompatibility of a law or practice with one or more provisions of the Charters and cannot be submitted in relation to individual situations. The procedure for reporting by participating states on the implementation of the provisions of the Charters is defined. The latest changes in the rules for submitting national reports are noted. States Parties that have not adopted the collective complaint procedure report on one group of provisions every two years, while those that have adopted the procedure report every four years. Reports should focus on the situation at the time of submission, as well as on actions taken or planned to improve the situation, and include information on the legislative framework, measures taken, and relevant indicators. A limited number of target questions are determined in advance, which must be answered in the report and which relate only to provisions adopted by the state. Emphasis is placed on the advantages of ratifying the Additional Protocol, which provides for a collective complaint system, to which Ukraine has not yet acceded. The functions of the main supervisory bodies of the Charters – the European Committee of Social Rights, the Governmental Committee of the European Social Charter and the European Code of Social Security – are identified, as well as the role of the Committee of Ministers and the Parliamentary Assembly of the Council of Europe in the procedure for assessing the implementation of the Charters. Three main stages in the reporting procedure have been established: examination of reports on compliance/non-compliance with the Charters; adoption of conclusions (making recommendations if necessary); consideration of the recommendations made. Emphasis is placed on the mechanism for submitting comments on national reports (alternative reports), which may contain additional or alternative information on all issues raised in the national report, or comment on a single issue or information that is missing from the government report. The role of the Ukrainian Parliament Commissioner for Human Rights in the process of reporting on the implementation of the provisions of the Charters was highlighted.

Foreign Experience in Preventing and Combating Domestic Violence in the European Union Countries and Possibilities of Its Use in Ukraine

2025-07-09T16:45:29+03:00

A comprehensive analysis of the organisational and legal framework for preventing and combating domestic violence in the Republic of Poland, the Czech Republic, as well as in the Republics of Latvia and Lithuania is carried out. The legislative and administrative legal regulation of the activities of the authorised entities of these EU member states in the field of combating domestic violence is analysed.

The main powers of police bodies and units of Latvia, Lithuania, the Czech Republic and Poland in the general system of prevention and counteraction to domestic violence are identified: conducting awareness-raising activities, suppression of unlawful acts, assessment of the risks of domestic violence, issuance of restraining orders, and referral of victims to special assistance institutions. The key role of EU police authorities and units in the formation and implementation of the state policy in the field of preventing and combating domestic violence is emphasised.

It is proved that the legislation on criminal and administrative liability for domestic violence in the studied countries differs from the Ukrainian one, since it sometimes lacks provisions that directly establish liability for domestic violence.

It is stressed that the analysed EU countries have established an effective system of social, psychological and legal assistance to victims of domestic violence. In particular, this is reflected in the functioning of extensive networks of specialised crisis centres and counselling centres which help these persons to draw up a personal safety plan, make referrals to specialised professionals, and resolve the issue of providing “emergency housing” for temporary residence, especially for women with minor children.

The paper formulates a number of conceptual provisions for improving the legal and organisational framework for preventing and combating domestic violence in Ukraine, taking into account the best law enforcement practices of the analyzed countries, in particular: establishing administrative liability for refusal to undergo a correctional programme for offenders; increasing the period of administrative detention of a person who has committed domestic violence to 24 hours; establishing the obligation of the offender to pay (part of the payment) for undergoing a correctional programme at the level of by-laws.

Issues of Lawmaking and Lawmaking Terminology in Ukraine and Italy

2025-07-09T16:45:31+03:00

The article focuses on the comparison of Ukrainian and Italian lawmaking activities and lawmaking terminology, which allowed to identify similar approaches to the lawmaking process and lawmaking terminology, and to outline the differences in the lawmaking process and the content of lawmaking terminology, and the peculiarities of its consolidation at the level of regulatory legal acts. The author emphasises that lawmaking is one of the main activities of a modern rule-of-law state. It is established that a special feature of the Italian Constitution is the presence of a special section devoted to the procedure for adopting laws, which contains a detailed description of the terminology of the lawmaking process. Particular attention is paid to the comparative analysis of Ukrainian and Italian lawmaking terminology, which made it possible to identify common features in the approaches to the lawmaking process, in particular, in terms of understanding of such concepts as: “legislative function”, “legislative initiative”, “draft law”, “promulgation of laws”, “popular referendum”, “delegation of the legislative function”. At the same time, the author identifies a number of differences relating to both the legal nature of these terms and the specifics of their enshrining at the regulatory level. The author emphasises that Italian legislation has a clearer terminological distinction of concepts, their consistency and stability, which ensures a higher level of legal certainty. In the Ukrainian legal system, on the other hand, some terms have a broader understanding, which sometimes complicates their practical application in lawmaking. These steps will allow Ukraine not only to increase the efficiency of lawmaking, but also to bring the national legal system closer to the standards and best practices of the European Union.

Criminal Proceedings in the Absence of the Suspect or Accused (in absentia): Legislative Transformations and Current Regulation

2025-07-09T16:45:30+03:00

The article examines the transformation and current standardisation of criminal proceedings in the absence of a suspect or defendant (in absentia) in the context of the development of Ukrainian criminal procedural law. It is emphasised that the introduction of special pre-trial investigations and special court proceedings in 2014 was the legislator's response to public and security demands to ensure the inevitability of criminal liability in cases where a person evades justice or is outside the jurisdiction of Ukraine. It has been established that further changes during 2014–2025 were fragmentary in nature and only partially eliminated the existing gaps. Along with the study of national legislation, the restrictions on the absence of the accused during court proceedings in the practice of the International Criminal Court and the possibility of conducting certain procedural actions without his participation were analysed separately.

It has been found that since 2022, there has been an expansion in the scope of application of in absentia proceedings, as the mass nature of war crimes and collaborationism has created a practical need for the widespread use of the mechanisms under study. Criminal proceedings in the absence of a suspect or defendant have become not only an instrument of legal response, but also a political message about the inevitability of responsibility.

The article highlights the conceptual inconsistency and structural imbalance of legal regulation: individual elements of proceedings in absentia are contained in different chapters of the Criminal Procedure Code of Ukraine, which complicates its holistic perception as a single procedural institution. A proposal is made to provide for the procedure for criminal proceedings in the absence of the suspect or accused (in absentia) in Section VI of the Criminal Procedure Code of Ukraine, which is devoted to the regulation of special procedures for criminal proceedings, combining in it the peculiarities of both special pre-trial investigation and special court proceedings.

Problems with the implementation of such proceedings at the present stage have been identified, in particular: the formality of the participation of the defence counsel, the lack of a clear procedure for reviewing a judgment rendered in absentia, formalism in confirming the fact of a person’s evasion, as well as the imperfection of the mechanisms for informing them. Specific ways to improve the legislation have been proposed. It has been established that, despite the existing shortcomings, the institution of in absentia is a necessary tool capable of ensuring effective justice in exceptional circumstances.