The offered headings of the scientific journal are since 2019: National Security and Human Rights; Administrative Law and Policing; Crime Counteraction and Combating Corruption; Empirical Jurisprudence; Legal Psychology; Reform of the Legislation. Participating in the contests for the best scientific, educational and periodical edition within the system of the Ministry of Internal Affairs of Ukraine the journal every time became the awardee of the contest in the nomination 'Scientific Journals': in 2010 and 2012 it was ranked the 2nd, in 2014 took the 3rd, and in 2017 - the 2nd place again. By the Ministry of Education and Science of Ukraine the journal is included to the cetegory "B" in the List of scientific professional editions of Ukraine in psychology (specialty 19.00.06 'Legal Psychology') and in law sciences.
Kharkiv National University of Internal Affairs
Children are the future of society, and therefore, protecting them and ensuring their continued existence as individuals beneficial to society is another responsibility of the law. Applying the same level of penalties as adults to juveniles who are drawn to crime, who are not raised in safe environments, and who, due to their age, are not subject to legal proceedings, would be unjust, both sociologically and legally. In this regard, many forms of juvenile criminal sanctions used across various legal systems. Aiming to reintegrate young people into society and accepting their developmental differences from adults, juvenile justice systems usually stress rehabilitation over punishment. Distinguishes between non-custodial and custodial punishments including warnings, probation, community service, diversion programs, and imprisonment. It also looks at elements affecting the decision of penalties, like the degree of the violation, offender age, and past criminal record. This comparative study shows how many countries strike a balance between responsibility and safeguarding of children’s rights. This paper provides an in-depth examination of specific the examples drawn from several countries, namely Bosnia and Herzegovina, Turkey, and Italy. Through this exploration, the study brings to light both the shared principles and the distinct methodologies that are employed in these nations to address youth-related legal issues. Ultimately, this comprehensive analysis argues that several key factors are of paramount importance for the successful reduction of recidivism and the effective social reintegration of young people. The study emphasizes the critical need for a focus on meaningful and effective rehabilitation strategies and the necessity of providing robust and consistent funding to child welfare systems.
Copyright (c) 2025 S. Abdülkerim-Osmanović http://creativecommons.org/licenses/by/4.0
The Essence and Features of International Cooperation in Higher Education in Ukraine
International cooperation in higher education has a direct and significant impact on the international authority of the state, its integration into the world community, and the attraction of foreign investment. It covers a wide range of activities, from education and science to academic integrity and other areas of activity. The relevance of researching the essence of international cooperation in higher education and the features of its administrative and legal support is determined by the need to increase the competitiveness of domestic education and science, the desire to occupy high positions in international rankings and attract foreign investment. The implementation of these tasks is complicated by the cumbersome procedures of international cooperation, the lack of clear mechanisms for the legal regulation of certain types of cooperation, and the insufficient development of theoretical provisions. Despite a significant number of scientific works devoted to the administrative and legal support of international cooperation in various spheres of social relations, as well as to individual aspects of the activities of higher education institutions, there are still significant gaps in the coverage of issues of its legal regulation in the field of higher education. This article opens a series of studies on this topic and is devoted to summarising the basic aspects of the essence and content of international cooperation in the field of higher education in Ukraine, in particular in the context of the specifics and content of the norms of current legislation. The main objectives of the study are: to reveal the key characteristics of domestic and foreign studies; to analyse the content of the concept of “international cooperation” and the specialised category of “international cooperation in higher education”; to summarise the features of this phenomenon and highlight its characteristic features in the Ukrainian context. In the course of the work, all tasks were completed and the author’s definition of the concept of “international cooperation in higher education” was formulated. The main legal relations that are its objects were also identified as follows: in the fields of law, education and educational activities, science and innovation, economics, humanitarian policy and investment.
international cooperation in higher education
Copyright (c) 2025 S. O. Serbenyuk http://creativecommons.org/licenses/by/4.0
Summarising the Best Practices of Foreign Countries in the Field of Combating Corruption for Ukraine
The article provides a comprehensive analysis of the most successful foreign anti-corruption practices developed in countries such as Singapore, Georgia, Romania, Sweden, South Korea, Poland, the Czech Republic, France, Canada and the United States. Particular attention is paid to institutional models and mechanisms for coordinating anti-corruption policy. The role of specialised anti-corruption bodies, systems for monitoring the activities of civil servants, the digitisation of administrative procedures and tools for ensuring transparency are analysed. The examples of Singapore and South Korea demonstrate the effective combination of strict anti-corruption oversight with high standards of public administration. The experience of Georgia and Romania has shown the effectiveness of rapid institutional reforms with international support and active public control. The Swedish model, on the other hand, demonstrates a long-term preventive effect thanks to deep-rooted political integrity and openness in public administration. The comparative analysis identifies the most effective anti-corruption tools that have the potential to be adapted to the Ukrainian context. The feasibility of introducing the principle of inevitability of responsibility, improving financial control mechanisms, strengthening the institutional capacity of anti-corruption agencies, introducing modern IT solutions in public administration, and ensuring the independence of investigative and judicial bodies has been substantiated. The critical importance of political will at all levels of government and the active participation of civil society has been emphasised. Specific steps are proposed for the implementation of relevant mechanisms in the legislation and practice of Ukraine’s anti-corruption policy, taking into account the challenges associated with the state of war and post-war reconstruction. Particular attention is paid to analysing the challenges associated with transferring foreign experience to the Ukrainian legal space. The risks of mechanically copying models without taking into account the socio-cultural context are considered. The importance of adaptation is emphasised, taking into account national specifics, institutional capacity and the level of trust in state institutions. The article may be of interest to researchers, lawyers, politicians and experts in the field of public administration who are involved in reforming anti-corruption policy and developing effective models for preventing abuse in the public sphere.
Copyright (c) 2025 O. S. Maletova, O. O. Tymoshenko, http://creativecommons.org/licenses/by/4.0
The Impact of Artificial Intelligence Diffusion on the Realisation of the Right to an Adequate Standard of Living
This article is devoted to a comprehensive understanding of the impact of artificial intelligence technology diffusion on the transmission channels of productivity into household income and, as a result, the possibility of realising the human right to an adequate standard of living. The aim of the study is to examine the issues involved in developing an analytical framework that integrates the definitional and legal foundations for regulating artificial intelligence, specific empirical indicators of labour market tension, and political and economic pathways for the socially just conversion of technological dividends into improved working conditions and wages. The methodology combines a doctrinal analysis of legal definitions, a professionally specific approach, as well as a taxonomy of sectoral AI intensity (Organisation for Economic Co-operation and Development) and triangulation of official statistical data from several technologically developed regions (US Bureau of Labour Statistics, Eurostat, Statistics Canada) with industry reviews (Organisation for Economic Co-operation and Development, McKinsey). The study concluded that the post-pandemic “cooling” of job vacancies in the US, EU and Canada is largely cyclical. At the same time, a specific signal of artificial intelligence is manifested in the internal recomposition of demand – routine tasks are being replaced by positions with high human-machine complementarity. At the same time, a specific signal from artificial intelligence is manifested in the internal recomposition of demand – routine tasks are being replaced by positions with high human-machine complementarity; absolute automation puts pressure on the labour share, but regenerative applications of artificial intelligence have the potential to generate a double social dividend with complementary investments in training and staff skills; The legitimacy of using artificial intelligence in high-risk and high-responsibility areas (medicine, justice, defence) directly depends on the explainability of artificial intelligence, reliable accountability, and the implementation of ‘human in the loop’ standards. The scientific novelty lies in identifying the advantages of a risk-based regulatory model (a permissive corridor with operational criteria for identifying risks and threats) and in combining human rights protection with market indicators: job exposure, Beveridge curve dynamics, and the share of AI-adjacent roles. The practical significance lies in a calibrated social mix: the application of a universal basic income as a basic security mechanism, targeted employment subsidies, and, in the event of the widespread use of artificial intelligence to critical levels, the introduction of guaranteed employment programmes.
Copyright (c) 2025 V. V. Maltsev http://creativecommons.org/licenses/by/4.0
Sustainable Development Goals as a Component of the National Security System: Legal and Methodological Approaches
The article examines the place and role of sustainable development goals in the modern national security system of Ukraine. In the context of growing global challenges, military conflicts, climate change, information attacks and socio-economic instability, the integration of sustainable development principles into state security policy is becoming particularly relevant. It is shown that the Sustainable Development Goals cannot be considered in isolation from the security paradigm, since long-term stability is only possible with a comprehensive approach that covers economic, social and environmental dimensions, as well as the legal and institutional mechanisms for ensuring them. Particular attention is paid to the security dimension of the Sustainable Development Goals, in particular Goal 16, “Peace, Justice and Strong Institutions”, which most fully reflects the interconnection between security and sustainable development. International and national regulatory and legal acts that form the legal basis for the implementation of the Sustainable Development Goals in Ukraine are analysed, in particular: the Law of Ukraine “On National Security of Ukraine”, the Decree of the President of Ukraine “On the Sustainable Development Goals of Ukraine for the period until 2030”, the State Strategy for Regional Development for 2020–2027, the Strategy for Environmental Security and Adaptation to Climate Change, the Information Security Strategy, and the National Recovery Plan for Ukraine. It is concluded that, despite the existence of individual strategies, the regulatory and legal framework remains fragmented and needs to be unified. The article proposes a comprehensive risk-oriented approach to integrating the Sustainable Development Goals into national security policy, combining a systematic analysis of the interrelationships between security and development, indicator-based monitoring of results, and risk forecasting. The novelty of the study lies in identifying specific gaps in legal regulation and proposing a methodological model for assessing the effectiveness of integrating the Sustainable Development Goals into Ukraine’s security policy. It is argued that such an approach makes it possible to move from a declarative level of implementation to the practical realisation of sustainable development principles in the security sector, contributes to enhancing the institutional capacity of the state and the formation of a long-term state strategy focused on preventing complex threats and strengthening democratic institutions.
Copyright (c) 2025 M. S. Utkina http://creativecommons.org/licenses/by/4.0
The Use of Artificial Intelligence in Criminal Proceedings During Martial Law
This article examines the possibilities, risks, and regulatory aspects of using artificial intelligence in criminal proceedings, with a particular focus on the challenges posed by martial law in Ukraine. Given current trends in digitalisation and the need to improve the effectiveness of investigations, examples of the use of artificial intelligence in law enforcement practice are analysed, including automated analysis of large amounts of data, biometric identification, the use of drones for reconnaissance, predictive analytics and other technologies. Particular attention is paid to the experience of using artificial intelligence systems to investigate war crimes, in particular the identification of Russian military personnel, the detection of collaborators, and the search for missing persons and abducted children. The prospects for the application of deep learning algorithms, augmented search tools, thematic databases, and the possibility of automating routine investigative (search) activities are analysed. The risks associated with the use of artificial intelligence are critically examined: the unreliability and “hallucinations” of algorithms, the opacity of models, the risks of discrimination, privacy violations, problems with the verification of digital evidence, and the technical inadequacy of existing systems. The need to introduce regulatory guarantees of quality, reliability and accountability of results obtained with the help of artificial intelligence is argued. The need to introduce the principles of transparency, accountability, awareness and oversight of algorithmic tools in criminal proceedings is justified. Proposed directions for improving criminal procedural legislation, in particular amendments to Articles 91 and 101 of the Criminal Procedure Code of Ukraine, aimed at regulating and recognising the results of artificial intelligence as procedural sources of evidence, provided that they are properly recorded, verified and expertly assessed. The amendments provide for the clear recording of the use of artificial intelligence in procedural documents, the introduction of a person responsible for the use of technologies, as well as mechanisms for verifying and evaluating the results obtained. This approach will ensure a balance between technological progress and the protection of human rights, improving the quality of investigations and trust in the judicial system. It has been concluded that it is advisable to develop a comprehensive regulatory model for the legal regulation of artificial intelligence in Ukraine, taking into account the provisions of the EU AI Act, the needs of wartime and human rights standards. The need for a flexible and functional approach to the legal regulation of artificial intelligence is emphasised, focusing not on its definition but on the assessment of its real consequences and possibilities.
Copyright (c) 2025 Zh. V. Udovenko, V. I. Galagan, V. A. Shkelebei http://creativecommons.org/licenses/by/4.0
Monitoring of Labour Rights Compliance under Martial Law by the Ukrainian Ombudsman
There has been a global increase in labour rights violations. The main reasons for this include low wages, the replacement of employment contracts with subcontracts, the spread of informal employment, and the establishment of a minimum subsistence level that does not provide a decent standard of living for workers and their families. Europe has also seen the worst labour rights compliance records in the last decade. In Europe, the last decade has also seen the worst indicators of compliance with workers’ rights. It is emphasised that Ukraine’s integration into the European legal space requires respect for human and civil rights, in particular the right to work. It is stressed that most labour rights violations remain traditional, as the state has long paid insufficient attention to them. Such violations include wage arrears, informal employment, etc. It is also noted that the minimum subsistence level does not meet the standards for ensuring the normal functioning of the body and maintaining human health. It is pointed out that the minimum wage does not cover the basic needs of workers and contradicts the requirements of International Labour Organisation Convention No. 131 and EU Directive 2022/2041. The report outlines the specific features of violations of the right to work caused by the full-scale invasion. It analyses the differences in migration processes before and after the start of the war and identifies the threats to Ukraine’s economy associated with migration. Changes in the qualitative composition of the unemployed have been identified. Particular attention is paid to workers for whom additional social guarantees have been introduced in recent years (in particular, workers at critical infrastructure facilities and persons deprived of their personal freedom as a result of armed aggression against Ukraine). The role of the Ukrainian Parliament Commissioner for Human Rights in monitoring compliance with the right to work is revealed. It is emphasised that the results of such monitoring are regularly reflected in annual reports on the state of observance and protection of human and civil rights and freedoms in Ukraine. The focus is on priorities for the economy in observing the labour rights of workers.
Copyright (c) 2025 Yu. F. Ivanov, M. V. Ivanova http://creativecommons.org/licenses/by/4.0
Insecurity and socio-economic development in Osun state (Nigeria)
Osun State, located in the southwestern part of Nigeria, has been grappling with significant security challenges in recent years, which have had adverse effects on its overall growth and development, especially in terms of socioeconomic progress. The study posits that Osun State has experienced increase in the numbers of cult violence, ritual killing, robberies, and kidnappings. Comparatively, these crimes are not as violent as insurgency or militancy as witnessed in the northeast and south-south regions of Nigeria, but they continually weaken tourism, education, and the local economic sustainability of Osun State. The study there seeks to investigate the root causes of insecurity in the Osun State, to determine the impacts of insecurity on social-economic development and to come up with policy-oriented action plan that will sustain a secure and viable economic environment. The study relied on the human security theory to explain the causes and effects of insecurity in Osun State. Using the qualitative research method, data were gathered from secondary sources such as books, journals, government reports, policy-based documents and briefs. Data were analysed using thematic content analysis. The study found that insecurity is caused by ineffective security architecture, unemployment, lack of quality leadership, and substance abuse and corruption, the study also found that the effect of the persistent insecurity includes fear, increased crime rate, decreased investments, decreased business activity and migration pressures, all of which denigrate development. The study recommends that insecurity demands a multidimensional approach, such as the application of modern security technology, intelligence gathering methods, community policing and political will, as well as overall reforms where peace and economic stability is guaranteed.
Copyright (c) 2025 О. О. Омодунбі, А. І. Адеєє, О. С. Олаволе http://creativecommons.org/licenses/by/4.0
Structure of National Security Legislation: Theoretical Foundations and Systematisation Issues
The article discusses the problems of fragmentation and insufficient internal consistency of Ukraine’s national security legislation. It is noted that these issues have become particularly acute in the context of martial law, and there is an urgent need for legal certainty in order for the security and defence sector to function effectively. The array of regulatory and legal acts governing the security sphere is characterised by a lack of a unified approach, which complicates law enforcement and hinders reforms. The purpose of the article is to develop and justify an analytical model of the structure of national security legislation, which allows assessing its component structure, internal consistency and hierarchical relationships. Particular attention is paid to the analysis of this structure in the context of fundamental changes introduced by the Law of Ukraine “On Law-Making Activity”. It is indicated that the study is based on the comprehensive application of systemic-structural, formal-legal and doctrinal methods of analysis. This made it possible to consider security legislation as a holistic entity, identify its key components and explore the links between them. Analytical tools have been developed to systematise and assess the quality of security legislation. A model has been proposed to law-making entities and scholars that will help to organise the legislative body in accordance with the principles laid down in the new legislation on law-making, which is critically important for strengthening national security and Ukraine’s European integration course. Based on the results of the study, a four-component model of the structure of national security legislation has been developed, which includes: 1) normative-legal acts of full regulation; 2) normative-legal acts of partial regulation; 3) ratified international treaties; 4) legal links between these elements. It is argued that the adoption of the Law of Ukraine ‘On Law-Making’ not only confirms the relevance of this approach, but also provides a regulatory framework for its practical implementation, enshrining the principles of consistency and legal certainty. The inexpediency of including non-imperative strategic planning acts in the structure of legislation has been proven.
Copyright (c) 2025 Yu. O. Zahumenna, K. A. Voloshyn http://creativecommons.org/licenses/by/4.0
Provocation of a Criminal Offence: Issues of Determining the Legal Nature and Normative Model
The article is devoted to determining the legal nature of provocation of a criminal offence and developing proposals for an optimal model of legislative regulation of criminal liability for such acts. The binary nature of provocation is established and characterised, combining the features of complicity (in the form of incitement) and involvement – quasi-lawful activity that poses an independent public danger, encroaching on relations in the sphere of justice. Two types of provocation are distinguished: official and civil. Particular attention is paid to the legal assessment of the actions of law enforcement officers in the context of the practice of the European Court of Human Rights regarding the distinction between provocation and lawful activity in documenting criminal unlawful behaviour. Amendments and additions to the Criminal Code of Ukraine regarding liability for official and civil provocation are proposed A draft of a new legal norm has been developed – Article 384-1 of the Criminal Code of Ukraine “Official provocation of a criminal offence”, in which official provocation is defined as actions by a law enforcement officer to incite a person to commit a criminal offence with the aim of subsequently bringing that person to criminal liability or blackmailing or discrediting. It is justified that the placement of this article after Article 384 of the Criminal Code of Ukraine (“Misleading a court or other authorised body”) is logical, since provocation of a criminal offence, by its generic nature, belongs to law enforcement fictions, which are essentially deception, which subsequently becomes the subject of consideration by the prosecutor (during the approval or drafting of the indictment) and the court (at the trial stage). Arguments are presented in favour of the expediency of excluding Article 370 “Provocation of bribery” from the Criminal Code of Ukraine as redundant in the presence of Article 384-1 de lege ferenda. It is proposed to supplement Article 27 of the Criminal Code of Ukraine with Part 8 as follows: “A person who provokes a criminal offence, that is, incites another person to commit a criminal offence with the aim of subsequently bringing that person to criminal liability or blackmailing or discrediting, is an instigator. Official provocation of a criminal offence shall entail criminal liability only in cases specifically provided for in Article 384-1 of this Code”. This addition is aimed at regulating issues of the normative definition and qualification of civil provocation.
Copyright (c) 2025 Yu. V. Orlov, S. V. Shchebetun http://creativecommons.org/licenses/by/4.0
Activities of the National Police of Ukraine During Martial Law as a Factor for Ensuring National Security and European Integration of the State
The article analyses the current state of organisation and functioning of the Ukrainian National Police system of bodies and units under martial law. It examines the specifics of police measures to create a secure environment depending on the type and nature of potential and real threats to the national security of the state. It concludes that foreign scientific literature does not sufficiently cover the activities of Ukrainian security and defence entities, in particular the National Police of Ukraine, during martial law. This affects the European community’s understanding of the need for systematic support for the Ukrainian people’s struggle. An analysis of the National Police of Ukraine’s implementation of law enforcement projects aimed at creating a secure environment, ensuring public safety and order, protecting the lives and health of citizens, and combating crime has been carried out. Among these projects, the following should be noted: “Guard of the Offensive”, “White Angels”, “Service 112”, “Community Police Officers”, “Educational Security Service”, “Unified Weapons Register”, and “Comprehensive Security System for Public Places”. The changes in legislation regulating the legal status and powers of the National Police of Ukraine, introduced during the legal regime of martial law, have been analysed. It has been proven that law enforcement projects implemented by the National Police of Ukraine are aimed not only at ensuring Ukraine’s national security but also have an impact on European security as a whole. This, in turn, confirms the inevitability of our country’s European and Euro-Atlantic integration. Proposals have been developed to improve the activities of the police in European Union countries, taking into account the Ukrainian experience of the functioning of the National Police system, in particular in the following areas: improving legislation on the police, in particular the legal regulation of its military tasks and functions, transforming the content of police training by introducing special disciplines in military and engineering training, developing algorithms for the evacuation of civilians from emergency areas, in particular during shelling or in the presence of other dangerous factors, taking measures to improve the security of personnel and police infrastructure facilities.
Copyright (c) 2025 K. L. Buhaichuk http://creativecommons.org/licenses/by/4.0
Limitation of Notary Obligation in Monitoring the Fairness of Limited Liability Company Service User Transactions
A notary plays a critical role in the Indonesian legal system by ensuring the validity of transactions, especially those involving limited liability companies. As a public official, a notary is entrusted with the responsibility of applying the Principle of Recognizing the Service User, which includes the identification, verification, and monitoring of transactions to prevent illegal activities, such as money laundering. However, regulations like the Minister of Law and Human Rights Regulation No. 9 of 2017 remain vague and do not provide clear guidelines regarding the “fairness of transactions”, resulting in legal uncertainty for notaries. This lack of clear parameters places notaries in a challenging position as they must balance their legal duties, especially when determining what constitutes a suspicious or unfair transaction. This study aims to analyze the limitations of notaries’ obligations in monitoring the fairness of transactions involving PT service users. By using a normative legal research methodology, this research evaluates the legislative and conceptual approaches to building a comprehensive legal framework for notarial duties. The findings highlight that the absence of explicit guidelines causes inconsistent interpretations among notaries, leading to potential conflicts between their obligation to maintain client confidentiality under the Notary Act and their responsibility to report suspicious transactions to the Financial Transaction Reporting and Analysis Center as mandated by the Anti-Money Laundering Law. This study concludes that there is a critical need for clearer regulations and technical guidelines that balance these two competing obligations, thereby enhancing legal certainty and improving the effectiveness of notaries in preventing financial crimes. Strengthening cooperation between notaries and supervisory authorities, as well as providing legal protection for notaries who comply with their reporting obligations, is essential for improving transparency and accountability in the legal profession.
Copyright (c) 2025 W. I. Airlangga, Sihabudin, L. D. Andreassari
Legal Regulation of Military Service in Ukraine by Foreigners and Stateless Persons
It is emphasised that today, along with its citizens, Ukraine is also being defended against russian aggression by citizens of other countries. Over the past three years, a number of amendments and additions have been made to national legislation regarding the legal status of foreign military personnel and stateless persons and the procedure for their military service. The points of view of scholars on the sectoral nature of military service relations are studied. The categories of “labour”, “service” and “contract” are considered. The close connection between the categories of “labour” and “service” is pointed out. It is substantiated that the category of “service” is manifested in the mental activity of an employee, which corresponds to one of the two types of employee’s activity, which can be physical and mental. It is proved that military service under a contract has the characteristics of non-independent, hired labour. Therefore, by its very nature, military service under a contract is a non-independent, specialised hired labour. The relations regarding the performance of military service under a contract are labour relations which are the subject matter of labour law. The attention is drawn to the fact that the Law of Ukraine “On Military Duty and Military Service” devotes only one article to the peculiarities of military service by foreigners and stateless persons (Article 21-2) and another article is devoted to their financial support (Article 21-3). The incorrectness of separate coverage of the procedure for financial support is pointed out, since it is an important condition for military service. Based on the analysis of Art. 21-2 of the Law of Ukraine “On Military Duty and Military Service”, it is noted that, despite the title, it has a rather laconic content, essentially not defining the specifics of military service by foreigners and stateless persons. The provision of Part 2 of Article 21-2 of this Law, which provides for the terms of military service of foreigners and stateless persons, cannot be called peculiar, since Article 23 “Terms of Military Service” provides for similar terms of military service in calendar terms for Ukrainian citizens who are enlisted for military service under a contract. The provision on the possibility of termination of the contract is hardly related to the performance of service. The article proposes to amend Article 21-2 “Peculiarities of Military Service by Foreigners and Stateless Persons” of the Law of Ukraine “On Military Duty and Military Service” to provide for differences in the rights, duties and responsibilities, terms of service, service time and rest time, and financial support of foreign military personnel and stateless persons compared to military personnel who are citizens of Ukraine.
Copyright (c) 2025 S. M. Bortnyk, K. Yu. Melnyk
Issues of Lawmaking and Lawmaking Terminology in Ukraine and Italy
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.
Copyright (c) 2025 V. I. Teremetskyi, V. V. Lazariev
Criminal Proceedings in the Absence of the Suspect or Accused (in absentia): Legislative Transformations and Current Regulation
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.
practice of the European Court of Human Rights
special procedures of criminal proceedings
Rome Statute of the International Criminal Court.
Contractual Regulation of Marital Relations in Ukraine
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.
National and Alternative Reports on the Implementation of the European Social Charter (Revised) as a Principle of Human Rights Compliance
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.
Copyright (c) 2025 Yu. F. Ivanov, M. V. Ivanova
Specific Features of the Classification of War Crimes Against Property Involving Elements of Theft
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
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.
Internet of Things communication protocols
Verbal Aggression: Linguistic and Legal Aspect
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.
Copyright (c) 2025 N. I. Yelnikova, O. H. Yushkevych
Foreign Experience in Preventing and Combating Domestic Violence in the European Union Countries and Possibilities of Its Use in Ukraine
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.
Impact of Religion on the Social Status of Women in India: Historical and Legal Overview
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.
Copyright (c) 2025 I. A. Lohvynenko, Ye. S. Lohvynenko
System of Principles for Service in the State Bureau of Investigations
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.
Content of the Right to Defence of Persons Affected by Domestic Violence
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.
Training of Personnel for the Internal Affairs Agencies of the Ukrainian SSR at the Turn of the 1960s and 1970s.
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.
Features of Studying a Suspect’s Identity Within the Framework of International Cooperation
Globalisation trends, citizen mobility, technological developments and transnational crime pose new challenges to the national criminal justice system. In order to achieve the objectives set in criminal proceedings, procedural cooperation with law enforcement and judicial authorities of other states is necessary. The full-scale military aggression of the russian federation and the need to bring to justice those responsible for numerous war crimes committed on the territory of Ukraine require cooperation with international institutions operating in the law enforcement and judicial spheres, and therefore, deep and comprehensive international cooperation. The article is devoted to certain aspects of ensuring the investigation of suspects and accused persons within the framework of international cooperation. Its purpose is to highlight theoretical and practical issues in the development and improvement of the institution of international cooperation in criminal proceedings in Ukraine. The mechanisms for implementing international requests are examined and the views of individual scholars on the effectiveness of ensuring international cooperation are analysed. Conclusions are drawn about the need to further improving the legal mechanism for providing rapid and effective assistance during international cooperation. The implementation of procedural actions aimed at collecting data on the suspect or accused is an important element of the activities of authorised persons in criminal proceedings in general and in international cooperation within the proceedings in particular. Compliance with the procedures for obtaining information provided for by national and international legislation in each criminal proceeding is a necessary condition for giving evidentiary value to data on the suspect. The use of modern digital technologies in the process of obtaining data on a person within the framework of international cooperation expands the possibilities and speeds up the process of collecting such data. Current legislation only allows electronic requests to be made, with subsequent mandatory confirmation by the original. In the future, mechanisms will be needed to ensure the legalisation and use of duly certified electronic evidence in court proceedings. This approach will significantly simplify and speed up the adoption of procedural decisions by authorised persons in criminal proceedings and increase the effectiveness of the protection of human rights and freedoms.
Copyright (c) 2025 R. P. Chycha, V. S. Hnatenko http://creativecommons.org/licenses/by/4.0
Legal status, tasks and powers of the educational security service of the National Police of Ukraine
The publication provides a comprehensive analysis of the organization of the activities of the Educational Security Service of the National Police of Ukraine. Its organizational structure, legal status of the management unit and the main powers of the inspectors of the Educational Security Service are analyzed. The main purpose of the creation of the Educational Security Service of Ukraine is to implement state policy on the organization of a safe educational environment, protect the rights and legitimate interests of participants in the educational process in secondary education institutions, carry out preventive activities within its competence to prevent the commission of offenses, take measures aimed at preventing and eliminating threats to the life and health of participants in the educational process, prevent child neglect, in particular children not covered by education, identify the causes and conditions that contribute to this, take measures within its competence to eliminate them. The issues related to the process of selecting and training police officers of the Educational Security Service, as well as the quality of its personnel, are highlighted. Additionally, the authors highlight the foreign experience of the police units of Hungary and the United States of America in ensuring law and order in secondary education institutions, as well as protecting educational facilities and children from unlawful encroachments. It is concluded that the basic principles of the work of the police in these countries are very similar to the national system. At the same time, in these countries, the interaction of the police and local communities on school safety issues is more fully established, systematic public monitoring of the activities of police officers in schools is carried out, national associations of “school police officers” are being created, which have the right to conduct training and advanced training of police officers in the areas of their work, and the regulatory and legal framework is constantly being improved and expanded. A number of conceptual provisions have been formulated to improve the regulatory and methodological support for the activities of the Educational Security Service of the National Police of Ukraine at the current stage of its development, in particular: expanding the network of secondary education institutions involved in the relevant project, improving the regulatory and legal principles of organizing the activities of the Educational Security Service, introducing new areas of training and advanced training for its personnel.
Copyright (c) 2025 K. L. Buhaichuk, K. Yu. Sheremet
Legal responsibility for developers of flats filed for bankruptcy in the perspective of SEMA number 3 of 2023
This paper discusses the legal position of flat developers who have two or more creditors and are unable to fulfill their obligations to pay debts that are due. Under the provisions in the Bankruptcy Law, a debtor who is unable to pay its debts that have matured may be declared bankrupt by a court decision, provided that the requirements outlined in Article 8 paragraph (4) are fulfilled, namely, that the debt is directly provable. If the debt can be simply proven, the court is obliged to grant the bankruptcy application. However, the Supreme Court has adopted a policy in the form of a circular providing guidance. In particular, Supreme Court Circular No. 3 of 2023, in subparagraph (2) of paragraph 2 of letter B, states that bankruptcy or suspension of debt payment applications against unqualified developers cannot be categorised as cases supported by mere evidence. This research employs normative legal methods using a statute-based approach. The findings of the study indicate that a Supreme Court circular has a lower hierarchical position than a law, and its legal force depends on its compliance with the law. Therefore, if a circular is found to be contrary to higher law, it may be invalidated and any decision based solely on such a circular may be appealed. In practice, developers or debtors who fail to meet their obligations to creditors will have their assets treated as bankruptcy estate, distributed based on the principle of equal treatment among creditors. Ultimately, this paper concludes that bankruptcy law remains the most efficient legal solution due to the simple mechanism of proof it offers, and that the Supreme Court circular letter has no authority to override the law as established by statutory law.
Copyright (c) 2025 A. A. Kiky, Sihabudin, H. N. Widhiyanti
Compensation for moral damage caused to higher education institutions due to the war
The article is devoted to the study of the possibilities for higher education institutions to apply for compensation for moral damage caused by war. The legal framework of higher education institutions is analysed. In particular, it is noted that their main objectives are to ensure that persons obtaining higher education receive the appropriate degree in their chosen specialties through high-level educational activities. It is concluded that due to the armed aggression of the Russian Federation against Ukraine, it is impossible to fulfil this task in full. At the same time, it is noted that military actions violate the personal non-property rights of a legal entity such as a higher education institution. It is determined that the violation of the right to inviolability of business reputation is the basis for compensation for non-pecuniary damage to legal entities. The concept of business reputation is analysed in Ukrainian legislation and legal doctrine. The author's definition of the business reputation of a higher education institution is formulated as an assessment of the quality of scientific, scientific and technical, innovative and/or methodological activities of pedagogical, scientific and pedagogical and scientific employees of an institution licensed to conduct educational activities at the relevant levels of higher education. The article considers the problems faced by higher education institutions due to the war and which lead to a deterioration in their business reputation, It is proved that the internal climate in an organisation is essential for the formation of a positive business reputation of a higher education institution. This is due to the existing relationship between the ability of academic staff to carry out educational activities and their sense of security, motivation and favourable working conditions. An important factor is also the ability of students to receive quality educational services and demonstrate high learning outcomes. The attention is drawn to the fact that at present, Ukrainian legislation does not provide for a special mechanism of compensation for moral damage caused by the war for legal entities. The only generally accepted method of protection is to file a lawsuit in court. At the same time, the recognition of the very fact that higher education institutions can compensate for moral damage caused by the war is an important step towards overcoming the existing problems. In conclusion, it is noted that there is no universal model for determining the amount of non-pecuniary damage for violations. There is no single formula for calculation, and even indicative criteria are established based on the experience and practice of courts in considering cases in similar legal relations.
Copyright (c) 2025 S. O. Popova, V. O. Hlazkova
Personal transformations in the process of professional self-realization
Existing scientific approaches to the issue of personal change are interdisciplinary in their nature. The problem of studying personal changes as a result of the transformation of personality traits under the influence of various objective and subjective challenges has both theoretical and practical aspects. The article summarizes the current views of scholars on the features of personal changes in the process of professional self-realization. The purpose of the study is to determine the types of personal transformations of a law enforcement officer in the process of professional self-realization. The author considers the content of the components that are transformed in the process of professional self-realization of law enforcement officers, namely: personal, activity and social. The study reveals the possibility of the existence of three types of law enforcement officers with different strategies of personal transformation. The author provides a substantive characterization of the personality types of law enforcement officers with positive, stable and negative strategies of personal transformation. Within each of these types, variants are possible depending on the indicators of the components that are transformed in the process of professional career development. It is concluded that for each of the types of personality of law enforcement officers it is necessary to develop areas of psychological support. It is proposed to use the possibilities of innovative teaching technologies, in particular trainings and quests. These technologies contribute to the formation the professional competence of police officers, to activate the motivational focus on positive personal changes, for the purposeful development of professional and personal qualities and the desire for continuous professional self-development and improvement.
Copyright (c) 2025 N. Ye. Tverdokhliebova