Law and Safety

The role of the Ukrainian SSR militia in combating crime in the late 1960s.

V. A. Grechenko, A. M. Klochko — Fri, 28 Mar 2025 00:00:00 +0200

In 1967–1968, the level of crime in the republic continued to be quite high, but the militia’s response to it was strengthened and improved. The fight against hooliganism remained a topical issue. At this time, there were cases of brazen attacks by criminals on militia patrols. The Ministry of Public Order Protection of the Ukrainian SSR systematised data on these cases, which revealed that in a number of places, there was no reliable security for the premises where militia bodies and units were located. In the 1960s, economic crime in the republic became widespread. It was associated with the theft of state and cooperative property, speculation, bribery, and illegal currency transactions. The danger of crimes committed in the sphere of economic activity was that they were usually associated with the creation of criminal groups, sometimes large and extensive. This method of committing embezzlement and bribery provided a good disguise for the crimes. At the same time, many of the perpetrators of crimes in this area were identified and brought to justice through the activities of the militia. However, the use of intelligence, operational records, forensic capabilities, and the activities of district commissioners, other militia services and the public were not yet sufficiently effective. In these years, a common shortcoming in militia activities was the lack of official warning of offenders. The transition of the working population in cities to two-day work made militia work somewhat more difficult and increased its volume, but not all militia bodies were able to quickly adapt to fighting crime in these conditions. Some heads of public order departments neglected the work of the criminal investigation department, failed to respond to shortcomings in a timely and sharp manner, and superficially managed the work of police agencies in combating criminal activity.

Personal transformations in the process of professional self-realization

N. Ye. Tverdokhliebova — Fri, 28 Mar 2025 00:00:00 +0200

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.

Representation and exceeding the powers of bodies of an entrepreneurial company: issues of theory and law application

V. H. Zhornokui — Fri, 28 Mar 2025 00:00:00 +0200

The article supports the view that acquisition of civil rights and obligations by a legal entity is conditioned, in particular, by its own bodies of will expression, and the ability to be independently liable with all its property is conditioned by the actual availability of such property which could be recovered if necessary.

The author argues that corporate disputes regarding invalidation of transactions made by officials of business entities in excess of their authority constitute one of the most common categories within corporate relations. The essence and specificity of such disputes is that, in cases stipulated by regulations, officials alienate company property in favour of third parties on terms unfavourable to the company without obtaining the consent of the general meeting or supervisory board (if established) of such a legal entity.

The author proves that in order to invalidate a transaction concluded by an official of a business entity in excess of his/her authority, this legal entity, in addition to the arguments for such “excess”, must prove bad faith on the part of the counterparties and their awareness of the excess of authority by the company’s representative, as well as the existence of grounds to conclude that the participation of a third party in the transaction was formal and aimed at unlawful deprivation of property of such a company (in other circumstances, the company risks having its claim dismissed or a favourable decision cancelled at the stage of appeal).

This circumstance is the basis for invalidation of this transaction only at the company's claim or a claim filed to secure its interests. The above calls for expanded use of the shareholder's right to file a derivative claim in the interests of the company to invalidate a transaction made by an official of a company’s body in excess of the powers granted to him/her within the framework of law enforcement.

Problems of modern corporate legislation and prospects for its development

Yu. M. Zhornokui — Fri, 28 Mar 2025 00:00:00 +0200

With a view to eliminating the gaps and contradictions in current civil legislation and law enforcement practice regarding the determination of the legal forms of legal entities within which corporate relations take place, the article proposes to enshrine the provision according to which the relevant legal relations exist exclusively within a joint-stock company, a limited liability company and an additional liability company.

It is proved that one of the directions of development of corporate legislation is to outline the range of fundamental rights and obligations of participants to corporate relations and enshrine them in the Civil Code of Ukraine. Such rights and obligations are understood to be those which are common to all participants (shareholders) of business entities with a corporate structure. At the same time, the Civil Code should contain an indication that certain (specific) rights and obligations of the above persons may be provided for by special legislation, and the mechanism for their exercise may also be provided for by a corporate agreement, if concluded.

It is substantiated that the priorities should include consolidation at the level of the Civil Code of Ukraine of the provisions on: a) corporate governance, with details of the provisions on bodies of business entities and their officials who form and express the will of such entities in civil relations; b) corporate control, with regulation of the issues of dependence of one (several) business entity on another (other) entity and the legal consequences of such dependence, including compensation for damage caused to the dependent entity and its participants.

The author notes that the tendencies of uniform application of corporate liability rules should be unified by consistent codification of the provisions on liability in relations related to the management of business entities in the Civil Code of Ukraine. Taking into account the practical expansion of the range of persons who may bear corporate liability and the grounds for bringing them to liability, the rules on such liability for all types of business companies should be transferred from special laws and systematised by the provisions of the Civil Code of Ukraine.

Problematic aspects of IoT cybersecurity standardisation

P. S. Klimushyn — Fri, 28 Mar 2025 00:00:00 +0200

The popularity of IoT devices is gaining interest among consumers. The growing number of consumers benefiting from IoT devices and the use of IoT technologies has increased the risk of cyberattacks. The Internet of Things is an important “crossroads” for several technologies. As a result, it is possible to connect smart physical goods and enable smart decision-making in a wide range of applications. Different devices, including computers, actuators and sensors, can connect to each other and exchange data in a networked environment. The supply of smart objects on the market is growing, so ensuring their security is becoming increasingly important.

The main problem with IoT devices is related to privacy and security. The administration of large amounts of data for reliable and secure processing is a real challenge. There are also issues of user protection, security and privacy. The cybersecurity and privacy of IoT consumers can be negatively affected by the development of these technologies if vulnerable devices and their environments are used. Therefore, there is a problem of information protection of IoT devices. To address this problem, a large number of technologies and standards have been created to ensure cybersecurity of the Internet of Things. In addition, there are a large number of necessary and important requirements to ensure protection against cyber attacks on IoT devices. All of this necessitates an analysis of the effectiveness of all these programmes and their scope for ensuring the cybersecurity of IoT environments.

To be successful, these programmes need to define the characteristics of IoT environments. The security standards, advanced technologies for solving security problems, and applications for analysing the current security structure make up the research taxonomy of the Internet of Things.

The article is a more comprehensive study than many previous ones on the topic of cybersecurity of the Internet of Things. It analyses the problematic aspects of standardisation related to the cybersecurity of the Internet of Things and examines the activities of international organisations for the standardisation of the Internet of Things.

Information security of the personnel of the State Border Guard Service of Ukraine: problematic issues of normative and legal regulation

V. V. Polovnikov — Fri, 28 Mar 2025 00:00:00 +0200

The article analyses the current legislation of Ukraine which provides for normative and legal regulation of public relations in the information sphere of activity of security and defence forces, in particular, the State Border Guard Service of Ukraine, and also the scientific views of scholars on the content of the concepts of information security of an individual, society and the State.

Based on the results of the analysis, the study provides a definition of the concept of information security of the personnel (officers and officials) of the State Border Guard Service of Ukraine with due regard for the need to ensure civil rights and obligations in the information sphere and to fulfil the requirements determined by the specifics of official activities and the legal status of personnel regarding the collection, storage, use and dissemination of information.

It is proposed to consider information security of the personnel of the State Border Guard Service of Ukraine in the structural aspect as a certain state and as a process. In the structural aspect, the concept of information security of the personnel of the State Border Guard Service of Ukraine includes the following components: protection of constitutional rights and freedoms of a person with regard to information; protection of information networks and services; protection of personal data; protection of restricted information; protection against hostile propaganda, distortion of information, disinformation, fakes, etc. Information security as a state is determined by the degree of achievement of the greatest correspondence (balance) between the vital personal and official (state) interests of the personnel of the State Border Guard Service of Ukraine in the field of collection, storage, processing, analysis and exchange of information. In the functional aspect, information security is identified with the concept of “ensuring security” and is viewed as a set of organisational, legal, technical, managerial and other measures which constitute the process of ensuring the security of public relations in the information sphere.

The author emphasises the need to improve the legal and regulatory framework for the activities of the personnel of the State Border Guard Service of Ukraine in the information sphere, and also provides proposals for amending the current legislation of Ukraine, in particular, the Law of Ukraine “On the State Border Guard Service of Ukraine”.

Legal status, tasks and powers of the educational security service of the National Police of Ukraine

K. L. Buhaichuk, K. Yu. Sheremet — Fri, 28 Mar 2025 00:00:00 +0200

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.

Specifics of using video analysis technologies and facial recognition software in criminal analysis

M. V. Mordvyntsev, D. V. Pashniev, V. S. Nakonechnyi — Fri, 28 Mar 2025 00:00:00 +0200

The modern technologies of video analysis and face recognition software are analysed, their effectiveness in criminal analysis is assessed, and the ethical and legal aspects of using these innovations in law enforcement are investigated. The article emphasises the relevance of introducing the latest video analysis technologies and face recognition software for ensuring public safety and combating crime in Ukraine.

The key technical characteristics of video analysis technology and face recognition software are identified, and their role in reducing the human factor and accelerating the process of identifying suspects is revealed. The foreign experience of using such technologies and the ways of their integration into law enforcement in Ukraine are analysed. Particular attention is paid to legal aspects, in particular personal data protection, as well as ethical challenges, namely ensuring transparency, non-discrimination and respect for human rights.

The research methodology is based on the analysis of regulatory documents, scientific sources and practical experience in the use of video analysis technologies. A systematic approach was used to summarise the data and a comparative method was used to evaluate different software solutions. The specifics of the use of artificial intelligence in different countries were studied and taken into account, which allowed us to summarise the best practices of implementation. Recommendations are made to improve the implementation of video analysis technologies in the practical activities of law enforcement agencies of Ukraine. The article proposes measures to improve technical support, create legislative mechanisms and ethical standards for the use of data. In particular, the author emphasises the importance of training employees, developing a personal data protection policy and implementing transparent procedures for monitoring the effectiveness of technologies. Particular attention is paid to recommendations for providing legal support for the integration of new technologies, including standardisation of procedures and reducing the risks of abuse of power or position by law enforcement officers.

The results obtained can contribute to the improvement of criminal analysis methods, increase the efficiency of law enforcement agencies and strengthen public safety. The proposed approaches will help to strengthen national resilience and increase public confidence in law enforcement through the effective implementation of modern technologies.

International and European standards of justice in cases related to domestic violence

K. A. Shapoval — Fri, 28 Mar 2025 00:00:00 +0200

The article analyses the main international and European standards of justice related to domestic violence, their impact on the national legal system and the effectiveness of implementation in Ukraine. The study is based on the analysis of key international documents, such as: The UN Convention on the Elimination of All Forms of Discrimination against Women – obliges states to eliminate all forms of discrimination, including domestic violence; the UN Declaration on the Elimination of Violence against Women – recognises domestic violence as a human rights violation and calls for the creation of effective legal and social mechanisms to prevent it. The European Union and the Council of Europe have regulations that oblige member states to implement effective policies to combat domestic violence: The Council of Europe Convention on preventing and combating violence against women and domestic violence is the main international document that establishes four key principles: prevention of violence, protection of victims, prosecution of perpetrators and implementation of a comprehensive state policy; the European Convention on Human Rights – provides for protection from inhuman or degrading treatment and the right to an effective judicial remedy; the case law of the European Court of Human Rights; Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, including victims of domestic violence; replacing Council Framework Decision 2001/220/JHA.

The article examines the existing changes in domestic legislation on issues related to domestic violence. Using general scientific and special legal methods, the main problems of law enforcement in the field of combating domestic violence are identified and ways to improve national legislation are suggested. Particular attention is paid to the need to ensure effective protection of victims from domestic violence, to conduct prompt and effective investigation of domestic violence cases, to isolate perpetrators, to introduce specialised court procedures and to increase liability for domestic violence.

The results of the study may be useful for scholars, human rights defenders, legislators and law enforcement officials who deal with issues of combating domestic violence and implementing international standards in the national legal system.

The impact of the varna-caste system on marriage and family relations in India: historical and legal dimension

I. A. Lohvynenko, Ye. S. Lohvynenko — Fri, 28 Mar 2025 00:00:00 +0200

The article examines the process of marriage and family relations formation and development in India. It is shown that in the pre-Aryan period, although women were not equal in rights with men, they still had freedom of choice in marriage and family life. With the emergence of the Aryan tribes, the position of women changed. Her social and family status was determined by her belonging to one of the four varna, the hierarchy of which was fixed by the religious and philosophical teachings of Brahmanism. A woman's dependence on her husband had been growing. The canons of Brahmanism required women to be faithful to their husbands even after his death. This was reflected in the shameful, humiliating attitude towards widows. In fact, the widow was rejected by the society and deprived of any rights in the family. It is noted that Hindu religious, philosophical and legal treatises not only prescribed the rules of women’s behaviour in the family, but also substantiated and consolidated the unconditional privilege of men in society. The article points out that the basic principle of marriage was endogamy. Polygamy was allowed, but in cases clearly defined by law. The main traditions of marriage are also described and their legal consequences are shown. The property and inheritance rights of women are clarified. It is stated that with the emergence of castes, the requirements for marriage become more complicated, taking into account not only the affiliation to the varna, but also to the caste (jati). The early marriage of girls was recognised as correct and in line with religious canons, which eventually led to the spread of child marriage. Based on the analysis of ancient Indian literature, the article shows the attitude to women in different historical epochs and the understanding of their purpose in the ideas of the society of that time. It is concluded that the varna-caste system and ancient Hindu religious, philosophical and legal treatises were the main factors that determined and defended the privilege of men in society, and consolidated their superiority over women in the family. Hindu doctrine viewed women as the property of men and effectively deprived them of their rights in marriage and family relations.

Legal aspects in managing non-performing loans in unsecured KUR micro at Bank Syariah Indonesia

S. Munir, R. Hidayati, Sunardi — Fri, 28 Mar 2025 00:00:00 +0200

The kafalah scheme serves as a risk mitigation mechanism widely applied in Islamic financing, particularly for unsecured Micro People’s Business Credit (KUR (Kredit Usaha Rakyat) Micro). This scheme involves guarantee institutions that assume responsibility for financing risks, reducing the financial burden on Islamic banks and facilitating access to credit for Micro, Small, and Medium Enterprises (MSMEs). Despite its advantages, challenges remain, particularly in terms of kafalah fees and delays in claim processing, which can impact its overall effectiveness. This study aims to analyze the role of guarantee institutions, the claim process, subrogation rights, and their implications for the financial stability of Islamic banks. Using a descriptive qualitative approach, the study finds that guarantee institutions play a strategic role by covering up to 70 % of financing risks, allowing Islamic banks to extend financing to a broader range of MSMEs. The subrogation rights ensure that debtors remain accountable for their obligations, preserving financial discipline within the system. Furthermore, the findings indicate that the kafalah scheme significantly reduces credit risk for Islamic banks while promoting financial inclusion. However, the study also highlights several challenges, including the complexity of the claim process, administrative inefficiencies, and potential financial burdens on banks due to delays in reimbursements. These factors necessitate a more efficient regulatory framework to enhance the scheme’s effectiveness. This research concludes that the kafalah scheme aligns with Maqasid al-Shariah, emphasizing fairness, financial justice, and asset protection, making it a critical tool for sustainable Islamic financing and inclusive economic growth. The study provides policy recommendations to improve the efficiency and accessibility of Islamic banking in addressing MSME financing needs while maintaining financial stability.

Legal analysis of the ratio legis behind risk-based business licensing reform in Indonesia: a study of PP No. 24/2018 and PP No. 5/2021

S. N. Rachmania, Sukarmi, S. Hadiyantina — Fri, 28 Mar 2025 00:00:00 +0200

The transition from Government Regulation No. 24 of 2018 to Government Regulation No. 5 of 2021 in Indonesia marks a strategic regulatory reform, shifting towards a risk-based business licensing system through the Online Single Submission platform. This transformation reflects Indonesia’s efforts to streamline its regulatory environment, improve Ease of Doing Business rankings, mitigate regulatory overlaps, and align with international best practices. Given the critical role of an efficient business licensing system in fostering economic growth and attracting foreign investment, understanding the legislative rationale (ratio legis) behind this transition is essential. This study employs a normative juridical approach, incorporating statutory and conceptual analysis, along with content analysis of relevant legal materials to systematically assess the impact of these regulatory changes. The research focuses on the efficiency of the reformed licensing process, its role in corruption reduction, and its influence on Indonesia’s Ease of Doing Business performance. Findings indicate that Government Regulation No. 5 of 2021 addresses previous inefficiencies and inconsistencies by introducing a more integrated, standardized, and transparent licensing framework. The implementation of a risk-based model streamlines business licensing procedures, ensures greater legal certainty, and reduces excessive bureaucratic intervention, thereby creating a more business-friendly and investment-attractive environment. The study highlights how Online Single Submission facilitates a more accessible, structured, and digitized licensing system, allowing both domestic and foreign investors to operate within a regulatory framework that ensures transparency, accountability, and predictability. By effectively implementing these reforms, Indonesia enhances its legal certainty and economic competitiveness, thereby positioning itself as a stronger player in the global investment landscape. These regulatory improvements are expected to contribute to a more equitable and prosperous business ecosystem, ultimately supporting sustainable economic growth and enhanced investor confidence.