Law and Safety

Disputable issues regarding the systematisation of bylaws and regulations

M. Yu. Burdin, I. L. Nevzorov, Yu. O. Bezusa — Fri, 27 Sep 2024 00:00:00 +0300

The article deals with the issue of systematisation of by-laws and regulations resulting from the adoption of the Law of Ukraine “On Lawmaking”.

It is noted that the adoption of the Law of Ukraine “On Lawmaking” has not fundamentally solved the problem of streamlining of regulatory legal acts. The unresolved nature of a wide range of issues related to the systematisation of legislation gives rise, in particular, to many debatable issues, such as: clarifying the admissibility and expediency of codification of bylaws and regulations; determining and regulating the most optimal forms of systematisation of bylaws and regulations, and the role and possibilities of consolidation as a form of systematisation of bylaws and regulations.

Based on the analysis of the Law of Ukraine “On Lawmaking”, the article determines that the legislator, firstly, has not proposed a definition of codification as a form of lawmaking, and secondly, has not classified the types of codification by their legal force. Thus, the question of the potential existence of codification bylaws in the context of the Law of Ukraine “On Lawmaking” is left unsolved. Instead, the practice of subordinate legislation confirms the regularity of the existence of codification subordinate acts in the structure of the legislative system. The authors point out that the main form of subordinate legislation is resolutions of the Cabinet of Ministers of Ukraine.

It is noted that the existing theoretical developments and foreign experience of regulating both formal and informal incorporation indicate that it is inexpedient to introduce it in Ukraine through amendments to the Law of Ukraine “On Lawmaking”, since incorporation does not have the features of lawmaking at all, and therefore it cannot be the subject of legal regulation by the Law on Laws.

It is emphasised that, given the current doctrinal understanding of the peculiarities of alternative codifications of by-laws and regulations in Ukraine, it would be advisable to adopt a separate legal act (at the level of a resolution of the Cabinet of Ministers of Ukraine) which would regulate the rules for systematisation of by-laws and regulations in the system of executive authorities, based on the Law of Ukraine “On Lawmaking”.

It is concluded that the issue of the subjective composition of public authorities with regard to the specific forms of systematisation of by-laws and regulations requires normative and doctrinal certainty, given the consolidation of legislation.

Integrative directions of modern legal education development as a human rights compliance parameter

S. O. Serbenyuk — Fri, 27 Sep 2024 00:00:00 +0300

The article is devoted to identifying the key European integration directions of reforming modern national legal education. The issue of improving the quality of legal education has remained relevant for more than a decade for all countries regardless of the level of economic and social development. In a narrow sense, the relevant issues are closely related to the integration of legal education, and in a broader sense – to globalisation, because, on the one hand, legal education must comply with international standards and best educational practices, and on the other hand, the global problem of nostrification needs to be addressed. A wide range of both domestic and foreign scientific research is devoted to the reform of legal education, but there is a pattern of gradual reduction of such developments and redistribution of attention of the scientific community to certain ‘moments’ of legal didactics and parameters of legal education.

The article is original and combines the analysis of scientific results of national and foreign scholars with the formulation of new or improved proposals for European integration reform of national legal education. The main areas of research by national scholars on the integration of legal education and the main shortcomings in the training of national lawyers are identified. Particular attention is paid to the identification of “gaps” in the study of possible vectors of further European integration evolution of Ukrainian legal education. The author considers such key areas of European integration of legal education as improving the quality of education, combining the implementation of international norms and standards with the development and implementation of innovations, international cooperation, development of practical skills and knowledge (at least basic) of legal norms of other countries. The study proposes a number of key areas of reform activity in relation to the European integration of national legal education, in particular in the context of practice-oriented training, reduction of the content of educational programmes in combination with their integration into the European legal area and improvement of the education quality, improvement of analytical and logical skills of lawyers, and also the impact on the achievement of the UN Sustainable Development Goals.

Gender equality with regard to the current challenges to Ukraine’s national security: theoretical and practical aspects

Yu. O. Zahumenna , D. P. Hrelya — Fri, 27 Sep 2024 00:00:00 +0300

The article examines the legal and institutional mechanisms for integrating gender equality into the national security and defence sector of Ukraine. The analysis of the legal framework governing gender policy, in particular in the Armed Forces of Ukraine, is carried out. Particular attention is paid to the role of international standards, such as UN Security Council Resolution 1325 and the Istanbul Convention, in ensuring equal access of women and men to participation in defence processes.

Based on theoretical analysis and empirical data, the article examines the impact of gender balance on the effectiveness of the national security sector, in particular its managerial, operational and strategic components, in the context of modern military challenges. It is found that the integration of gender equality contributes to the efficiency of the defence sector, but requires improvement of legal regulation and changes in institutional approaches.

The results of the study indicate the need to revise legislative acts and introduce gender-sensitive approaches in the planning and execution of military operations. The article provides recommendations for strengthening the legal framework for gender equality in the security and defence sector of Ukraine. It is concluded that gender equality in the military does not mean mandatory establishment of equal obligations for both sexes. It is important to take into account the specifics and capabilities of each gender, ensuring equal access to military service on a voluntary basis, which is a more effective and fair approach. This allows to take into account the individual characteristics of women and men, thus ensuring the harmonious functioning of the Armed Forces of Ukraine in the context of modern challenges and needs of society.

Critical analysis of international law failures in the Russian invasion of Ukraine: implications for global security

A. Patel, R. Tiwari — Fri, 27 Sep 2024 00:00:00 +0300

This paper offers a critical analysis of the structural deficiencies in international law that Russia’s full-scale invasion of Ukraine revealed in 2022. The study reveals a significant failure of international legal mechanisms, in particular the United Nations, to effectively deter Russian aggression and prevent the escalation of violence. Despite numerous legal actions and international responses – including resolutions by the United Nations General Assembly, proceedings at the International Court of Justice and investigations by the International Criminal Court – these measures have failed to alter Russia’s conduct or prevent further deterioration of the situation in Ukraine.

The study employs a normative juridical approach, analyzing the legality of Russia’s actions considering established international norms and principles. Through this methodology, the research uncovers how Russia’s justifications for its military intervention – based on self-defense, collective self-defense, and allegations of genocide – are legally flawed and inconsistent with international law. Moreover, the research reveals the broader implications of these violations, including the potential erosion of global legal norms and the setting of dangerous precedents that could undermine international peace and security.

The findings of this research highlight the urgent need for reform within the international legal framework to address these deficiencies. The paper concludes by proposing specific reforms, such as expanding the abstention obligation in the United Nations Security Council and clarifying the legal basis for humanitarian intervention, to strengthen the enforcement of international law and better protect state sovereignty. These insights contribute to the ongoing discourse on the role of international law in conflict resolution and the maintenance of global security.

Formation of militia personnel in the 1960s.

V. A. Grechenko — Fri, 27 Sep 2024 00:00:00 +0300

The article examines the main aspects of recruitment, training and education of militia personnel in the 1960s. The overall shortage of personnel, especially qualified and experienced ones, continued to be significant in those years. In 1964–1967, almost half of the rank and file and junior militia officers changed hands. The ways in which professional training for the militia was organised, in particular through the Higher School of the Ministry of Internal Affairs of the USSR, Donetsk, Dnipro, Ivano-Frankivsk, Lviv and Odesa secondary specialised militia schools and the establishment of training and advisory centres at them, and the organisation of schools for improving operational skills, are shown. The formation of militia personnel during this period was largely carried out using the same methods as before, in particular, the leadership was recruited through the transfer of employees of party, Soviet and Komsomol bodies to the militia. In the 1960s, the militia staff was increased. The Ministry of Public Order and its local bodies paid considerable attention to political and educational work among militia officers, as had been the case throughout the Soviet period. To this end, in 1966, the activities of political departments were restored. Measures were taken to improve the financial situation and medical care of militia officers. The awarding of special ranks to those who served in the militia was regulated. The next special ranks of commanding officers could be assigned in a sequential order after the expiry of the established term and length of service in the previous rank in accordance with the new rank of the staff position held and in the presence of a positive attestation. However, during the period under study, there were numerous violations of discipline and the rule of law among militia officers, and their level did not decrease, and in some cases even increased. The state of countering crime was often ‘embellished’, crimes were concealed, and the rights of detainees were violated. The study and analysis of unsolved crimes showed that the lack of professional skills, especially of operatives, was one of the main reasons for the delayed solving of a number of serious crimes. Nevertheless, in general, it can be stated that the situation with militia personnel has improved somewhat at present.

Unlocking whistleblower protection: legal basis to be aware of

S. Abdülkerim-Osmanović, E. Kazić-Çakar — Fri, 27 Sep 2024 00:00:00 +0300

Hardly any negative social phenomenon is as specific as corruption, which creates an intriguing paradox in law. In particular, there is no phenomenon that is mentioned more often on a daily basis, even in colloquial speech, than corruption; there is no group of criminal offences (corruption) that the whole society knows more about; there is no legal topic on which legal scholars and practitioners are more in agreement on the criminal law consequences that corruption creates and are not willing to prevent it by creating various models of its prevention; and, again, many countries are constantly failing in the fight against it. Many people improve their perception of corruption only as the situation worsens. This paradox gives rise to a vision of corruption as an intractable, powerful giant, present since ancient times, with obvious obstacles that cannot be removed even in the most developed countries. Against this backdrop, it is important to ask, and this article attempts to answer, what role whistleblowers can play in the fight against corruption and whether their more effective protection can play an important role in protecting society from corruption. This study explores the recognition of whistleblowers' importance in these efforts, including the basis and nature of their legislative protection, through a legal analysis of selected regional and international legal sources that directly or indirectly refer to whistleblowers and their protection. The analysis shows that most of these sources indicate the importance of achieving the three whistleblower protection mechanisms. To achieve the above goals, regulatory and descriptive legal methods will be used.

Legal regulation of fraudulent transactions in Ukraine

H. S. Hofeld — Fri, 27 Sep 2024 00:00:00 +0300

The relevance of the issue under study in this article is due to the rapid development of social relations, which leads to the constant emergence of new types of transactions, their formalization and regulation. A transaction is a basic category for the regulation of civil legal relations, including such a type of transaction such as a fraudulent transaction. A comprehensive study of the institute of fraudulent transactions in Ukraine will be a significant basis for further improvement of the current not only civil legislation, but also administrative legislation, and will unify the judicial practice of applying legislation on fraudulent transactions. The following methods were used in the study of scientific cognition, such as: systemic and structural; comparative; and the method of analysis. Based on the analysis of the current legislation of Ukraine in the field of application of fraudulent transactions the author emphasizes that there is no clear definition of a fraudulent transaction, its features, and the consequences of its conclusion. However, the absence of a regulatory definition of a fraudulent transaction in the current legislation of Ukraine causes conflicts in court decisions, as evidenced by the analysis of court practice, including that of the Supreme Court of Ukraine analysis of court practice, including that of the Supreme Court. This legislative gap should be regulated, since the legal regulation of fraudulent transactions in Ukraine plays an important role in the administration of justice and protection of participants whose interests are violated by such transactions. The author reviews of the key categories of this scientific article, including “legal regulation” “fraudulence”, ‘fraudulent transaction’. The author proposes to define a fraudulent transaction as to understand the action of a debtor or a party to a legal relationship which exists at the time of or has a high probability of becoming a party to a legal relationship, which can be expressed by both active and passive legal behavior aimed at avoidance of undesirable consequences for the debtor or a person (probable party to the legal relationship) Consequences aimed at avoiding civil liability, non-occurrence of undesirable civil status, or obtaining a benefit in an unfair manner. The author concludes that it is necessary to improve the legal regulation of a fraudulent transaction in Ukraine in the context of defining its essence, features essential terms of the contract, and legal consequences of its application.

Factors of the deviant behaviour in a legal conscious society

S. G. Pevko — Fri, 27 Sep 2024 00:00:00 +0300

The article examines the ontology of factors that determine the emergence and development of deviant behaviour. Given the diversity of the concept of deviance, this social phenomenon is comprehensively studied. Based on the results of the study, an ontology of this phenomenon has been developed. Deviant behaviour is a type of social behaviour contrary to the established rules that exist in society. It is unacceptable for society and the State, violates their interests, norms of morality, ethics, law, etc. The author considers deviant behaviour in the context of unlawfulness of an act, i.e. in the context of legal norms violation existing in society and the State. Another component of the issue under study is legal consciousness, which plays an important role, since it is a factor of deterrence from unlawfulness. The opinions of the scholars are analysed, and a conclusion is made regarding the definition of the concept of “legal consciousness”. Legal consciousness is a form of social consciousness which consists in the ability of a person to understand the existence of legal norms, the need for their observance and implementation. The level of legal awareness determines the potential for a person to commit unlawful behaviour. Therefore, it is necessary to maintain an appropriate level of legal awareness in society in order to reduce the number of cases of unlawful behaviour. This raises the question of identifying the factors that influence the emergence of deviant behaviour. Given that a person is a social being who interacts with other people, one of the factors influencing him or her is the social environment in which he or she lives (family, friends, colleagues, etc.). In addition, human consciousness is influenced by the information field, i.e. the media. Thus, society and the state's information policy are among the main factors influencing people. Human behaviour is formed depending on the information that influences it, and such information is formed on the basis of the effectiveness of compliance with the law by the authorities and their authority in society.

Formation and development of the Acquis Communautaire in France, Germany and Switzerland: A comparative legal analysis

N. O. Rastorhuieva — Fri, 27 Sep 2024 00:00:00 +0300

The article is devoted to the comparative legal analysis of the formation and development of the acquis communautaire in France, Germany and Switzerland with a view to identifying similarities and differences in the formation and development of the acquis communautaire in countries with different legal status in the European Union. The analysis was carried out using comparative legal, formal legal, dialectical, historical and legal, hermeneutical and other methods, as well as the principles of determinism, pluralism of opinions and complexity of knowledge. On the basis of and through the disclosure of the concept of “acquis communautaire”, the diversity of its understanding within different approaches and the nature of this phenomenon, as well as the study of the formation of the acquis communautaire specifics, it is established that this process took place in the course of formation of the European Communities in the 1950s with the participation of France and Germany on the basis of a combination of liberal market and general social values, and its development took place during the elaboration of the foundations of the mechanism for adoption of a common European policy.

It is found that the patterns of formation and development of the acquis communautaire in France, Germany and Switzerland are overcoming contradictions and searching for compromises between France and Germany in all areas of common European policy and the need to coordinate their position with other members of the European Union.

Furthermore, the similarity of these processes in France and Germany is rooted in their participation in the creation and development of the European Communities, in the formation of the acquis and its identical legal sources, and the difference lies in the motives and objectives of these States, their positions in certain areas of common European policy and procedural activities related to the implementation of the acquis into national legislation.

At the same time, the article reveals that the specifics of formation and development of the European Union acquis in Switzerland are determined by its status as an associated country in the Union, which provides for the possibility of implementing the relevant acquis with certain exceptions on the basis of sectoral agreements between it and the European Union. The difference in the formation and development of the acquis between France and Germany, as well as Switzerland, is manifested in the mechanism and consequences of the implementation of the new acquis: Switzerland participates in the development process, but not in decision-making.

Finally, it is noted that the common feature of the development of the EU acquis for all these countries is a combination of market-liberal and general social values and the introduction of a socially oriented market economy model.

Reassessment of views on public administration in the field of physical culture and sports in Ukraine under martial law

O. A. Morhunov — Fri, 27 Sep 2024 00:00:00 +0300

The scientific research is aimed at determining the forms of public administration in the field of physical culture and sports, in particular, at clarifying the peculiarities of this field in the conditions of martial law. In order to fulfill the tasks of the research, the author analyzed the forms and means of public administration in the field of physical culture and sports, determined the state of their legal regulation, taking into account the substantiated provisions regarding the need to increase the efficiency of the use of some of them in wartime conditions.

According to the results of the conducted research, it has been established that public administration in the field of physical culture and sports is the activity of public administration subjects regulated by laws and other normative legal acts, aimed at the implementation of laws and other normative legal acts, including making administrative decisions, provision of administrative services established by legislation regarding the development of physical culture and sports.

Forms of public administration in the field of physical culture and sports are systematized, in particular: issuance of normative acts of public administration in the field of physical culture and sports, their application and implementation of material and technical measures; provision of administrative services by carrying out registration, permit (licensing) and approval procedures in the field of physical culture and sports; conclusion of administrative contracts in the field of physical culture and sports regarding the delegation of management powers to local sports federations with the minimization of centralized management; implementation of public control over compliance with legislation in this area, detection, recording of violations and application of measures of legal responsibility.

It has been established that in the conditions of martial law and post-war period, there will be following most effective forms of public administration in the field of physical culture and sports: attraction of investments in the reconstruction of destroyed or damaged infrastructure; further development and investment of veteran sports and sports aimed at restoring the physical and psychological shape of military personnel, involving the military in the sports movement and reviving the country on the international arena, as well as simplifying the system of providing administrative services in the specified areas.

Coordination of counter-terrorism actors, whose activities are directed by the Ministry of Internal Affairs of Ukraine within its powers

O. O. Kozenko — Fri, 27 Sep 2024 00:00:00 +0300

Currently, Ukraine has been constantly struggling with hybrid threats, especially terrorism, which arose as a result of the Russian Federation’s aggression. The problematic issue of organising and counteracting such a phenomenon as a terrorist act requires special attention, as the inability of key public authorities responsible for detecting and suppressing these criminal acts to apply organisational and managerial decisions correctly does not allow minimising them. Therefore, there is no doubt that the effectiveness of countering such threats depends on the activities of the Interagency Coordination Commission of the Anti-Terrorist Centre of the Security Service of Ukraine, which, for its part, regulates the conduct of measures to identify and eliminate the causes and conditions of terrorist acts and other crimes committed for terrorist purposes, since the tactics of combating this crime are formed, in particular, by conducting certain activities by officers of the National Police of Ukraine, the National Guard of Ukraine, the State Border Guard Service of Ukraine, and the State Border Guard Service of Ukraine. These bodies are interdependent in fulfilling their tasks in the fight against terrorism, which has recently been spreading across the entire territory of our country and leaving traces in the form of destroyed infrastructure and civilian deaths. The latest ideas on the development of organisational and managerial measures, including special operations or measures aimed at the rapid termination of terrorist acts, play a priority role. The article examines the gaps in the legislation and proposes to consider amending it. Such amendments will help to increase the level of coordination of counter-terrorism actors, which are part of the Interagency Coordination Commission of the Anti-Terrorist Centre under the Security Service of Ukraine and whose activities are directed by the Minister of Internal Affairs of Ukraine, in order to improve the prevention of terrorist activities, their detection, suppression and minimisation of their consequences. A properly constructed model can be used in the future and demonstrate a high and positive result in countering terrorism in Ukraine.

The local wisdom approach in resolving non-performing loans at traditional village credit institution in Bali: a case study during the COVID-19 pandemic

L. P. R. L. Putri, I. N. Nurjaya, A. S. K. Dewi — Fri, 27 Sep 2024 00:00:00 +0300

This study explores the role of local wisdom in managing non-performing loans (NPLs) within Village Credit Institutions (VCDs) in Bali during the COVID-19 pandemic. Using a case study approach, the research examines the effectiveness of traditional mechanisms such as awig-awig (customary law) and pararem (community agreements) in maintaining social cohesion and addressing financial challenges. Through qualitative methods, including in-depth interviews with key stakeholders and document analysis, the study seeks to understand how these customary practices contribute to resolving NPLs. The findings indicate that local wisdom fosters community engagement and dialogue, offering temporary solutions to financial problems during crises. These traditional mechanisms promote a sense of collective responsibility and help maintain social harmony by facilitating discussions between debtors and VCDs. However, the research also highlights several limitations. While effective in the short term, local wisdom struggles to enforce sanctions and provide long-term resolutions, especially during severe economic downturns like the pandemic. This issue is compounded by external factors such as Bali’s heavy reliance on tourism, which makes the local economy highly vulnerable to global disruptions. The lack of digital infrastructure and the absence of integrated government support further intensify the challenges faced by VCDs in managing NPLs.

The study concludes that while local wisdom remains a valuable tool for crisis management, its effectiveness is constrained in times of prolonged financial instability. For VCDs to achieve long-term sustainability and resilience in future crises, it is essential to integrate traditional practices with modern financial systems. Additionally, stronger government support, including digital infrastructure development and comprehensive financial regulations, is crucial to ensure the sustainability of VCDs. This combination of traditional and modern strategies can help VCDs navigate future economic challenges more effectively and safeguard their role in the local economy.