Legal Bulletin

Reflection of the Rule of Law in the Political and Legal Doctrine of Thomas Hobbes

Kelbia S.G. — 2025-08-25

This article examines Thomas Hobbes’s political and legal philosophy, particularly his conception of law and freedom. Hobbes defines law as the freedom of an individual to act according to their own will – essentially, the absence of external constraints. The paper explores Hobbes’s understanding of natural law, which he sees as a general rule prohibiting actions that could harm others or deprive them of the means to preserve life. A key focus is Hobbes’s distinction between liberty and law, where liberty denotes the freedom to act, while law imposes necessary limitations on that freedom.

The article highlights Hobbes’s categorization of laws into natural and positive. Natural laws, in his view, are eternal principles rooted in moral virtues, whereas positive laws are enacted by a sovereign authority and represent the will of the legislator. The analysis includes Hobbes’s core natural laws—such as the duty to seek peace and uphold it, the right to self-defense, and the necessity of compromise to ensure social harmony and protection. The study also discusses Hobbes’s notion of the renunciation of rights, which may occur either through simple refusal or by transferring rights to another. Mutual transfers of rights constitute a contract, which can involve either the right to an object or the object itself. Despite this, Hobbes maintains that certain inalienable rights exist—rights that cannot be transferred or surrendered under any condition. Additionally, the article outlines Hobbes’s classification of political systems into monarchy, democracy, and aristocracy, asserting that monarchy is the most effective form of government for ensuring social peace and stability. The concept of freedom is central to Hobbes’s thought, which he interprets as the capacity for action according to one’s abilities. Nonetheless, he emphasizes that the true freedom of subjects lies within the boundaries set by the sovereign, who alone holds absolute power. Importantly, Hobbes allows for disobedience in cases where sovereign commands violate fundamental human rights.

THE INFLUENCE OF EUROPEAN UNION LAW ON THE CONSTITUTIONAL LAW OF UKRAINE: THE ANTI-CORRUPTION ASPECT

Korniyenko O.O. — 2025-08-28

The article is devoted to a comprehensive analysis of the influence of European Union law on the constitutional system of Ukraine, particularly in the field of anti-corruption policy. The harmonization process of Ukrainian legislation with EU norms, international conventions, and recommendations of European institutions—which requires compliance with the principles of democracy, the rule of law, transparency, and accountability of public authorities—is thoroughly examined. It has been established that the European integration process has contributed to the modernization of the legal framework, the establishment of independent anti-corruption institutions, and the formation of a comprehensive system for preventing corruption in various spheres of public administration. The study provides a detailed examination of key legal acts and institutional reforms in this area. In particular, the Laws of Ukraine “On Prevention of Corruption” and “On the National Anti-Corruption Bureau of Ukraine,” as well as the establishment of the Specialized Anti-Corruption Prosecutor’s Office and the High Anti-Corruption Court, are analyzed in detail. The article emphasizes the role of the EU in providing financial, technical, and expert support, ensuring institutional independence, enhancing the professional capacity of personnel, and facilitating the effective investigation and prosecution of corruption-related offenses. Special attention is given to the 2019 constitutional amendments, which enshrined Ukraine’s strategic course toward EU and NATO membership, thereby granting European integration a constitutional dimension and defining the legal basis for the incorporation of EU norms into domestic legislation. The article also analyzes current scholarly research by both domestic and international authors, as well as assessments by international organizations, including GRECO and the European Commission, which evaluate the progress and effectiveness of anti-corruption reforms. Sociological data indicating a gradual increase in public support for European integration, rising trust in public institutions, and the importance of effective anti-corruption mechanisms are also considered. The article concludes that EU law serves as a key driver in the transformation of Ukraine’s constitutional system, contributing to the strengthening of democratic institutions, enhancing government transparency, and supporting the development of independent bodies. The further success of integration will depend on the state’s capacity to ensure the effective implementation of EU standards and the sustainable development of anti-corruption policies.

“RUTHENIAN MOUNTAIN RIFLEMEN” IN THE UKRAINIAN STATE- BUILDING OF THE MID-NINETEENTH CENTURY

Prylutskyi S.V. — 2025-08-28

The article highlights that by the second half of the nineteenth century, the Ukrainian population had developed a clear understanding of the need to create an independent military formation to support its national aspirations. At the same time, such armed units were viewed as essential for defending Ukrainian interests amid the state and political conflicts unfolding among European powers in the early twentieth century. It is noted that the initiative to establish such an organization was undertaken by the Main Ruthenian Council, which facilitated the creation of various societies across the region. As a result, a distinct military unit—the Ruthenian Mountain Riflemen—was formed. Its primary objective was to defend the Carpathian passes from incursions by Polish volunteers supporting the Magyars in their uprising against the official authorities, as well as to secure the territories from returnees traveling from Magyarshchyna back to Galicia. Simultaneously, the unit was tasked with maintaining constitutional order and ensuring adherence to legal norms within the region. In March 1849, the project to establish the Ruthenian Riflemen received formal approval from the imperial authorities, after which the formation of the unit gained momentum, eventually numbering approximately 1,400 personnel.

THE LIMITS OF PERMISSIBLE RESTRICTIONS ON HUMAN RIGHTS FOR THE SAKE OF REALIZING THE RIGHTS OF THE PEOPLE IN TIMES OF WAR

Bieliavska S.Y. — 2025-08-28

The article examines the issue of permissible limitations on human rights during armed conflict, which represents one of the most intricate challenges in contemporary legal scholarship, encompassing both legal and philosophical-ethical dimensions of state functioning. The central focus lies in defining the scope of state intervention in individual rights under martial law, while simultaneously ensuring a balance between collective security and personal liberty. The principles of necessity and proportionality play a critical role in this context, serving as universal benchmarks for evaluating any restrictions on rights and freedoms. The principle of necessity stipulates that restrictions may only be imposed in the presence of a real and imminent threat that cannot be averted by less restrictive means. In turn, the principle of proportionality requires that the nature and extent of such restrictions be commensurate with the legitimateaim of protecting state interests. The Constitution of Ukraine and specialized legal acts, particularly the Law “On the Legal Regime of Martial Law,” establish clear boundaries for potential restrictions, including a set of inalienable rights that must remain protected even under emergency conditions. An analysis of Ukrainian legal practice in recent years—especially following the full-scale Russian invasion on February 24, 2022—reveals that the government has implemented a broad spectrum of restrictive measures in areas such as labor relations, mobilization, and freedom of movement. These measures underscore the necessity for robust oversight mechanisms and institutional transparency to prevent abuses and the prolongation of restrictions beyond the legally justified timeframe. Comparative international experience and the jurisprudence of the European Court of Human Rights confirm that temporary limitations on human rights are permissible in situations of extreme danger, but must not nullify the essence of fundamental freedoms. As a signatory to international treaties, Ukraine is obligated to maintain transparency and cooperate with international monitoring bodies. Historical precedent demonstrates that wartime restrictions often persist beyond the end of conflict, making the timely restoration of rights and freedoms a critical component of democratic governance. The article concludes that the boundaries of permissible restrictions during wartime are determined by a multi-tiered system of safeguards, and that the effective coordination of legislative, judicial, and international oversight mechanisms is essential to simultaneously ensure national security and uphold the dignity and rights of every citizen.

THE GENESIS OF VIEWS ON THE STATE AND LAW IN THE CREATIVE HERITAGE AND ACTIVITIES OF ANDRIY TCHAIKOVSKY

Polishchuk O.S. — 2025-08-28

The article emphasizes that Andriy Tchaikovsky began his professional career in law at the Faculty of Law of Lviv University. Throughout his legal practice, he consistently advocated for the recognition and institutionalization of the Ukrainian language, particularly within the legal domain, and for adherence to linguistic norms in professional communication. To this end, he initiated the replacement of foreign legal terminology with Ukrainian equivalents and promoted the establishment of a specialized journal dedicated to discussing language-related issues in jurisprudence. It is noted that Tchaikovsky was a respected human rights defender and a prominent figure among the Ukrainian peasantry, especially in resolving legal disputes and providing access to justice. In his legal and literary works, Tchaikovsky drew attention to the systemic challenges faced by Ukrainian peasants, including the complexity of judicial procedures, deficiencies in land documentation, and exploitative loan interest rates. The author analyzes his view that unfavorable procedural conditions for peasants in initiating legal proceedings severely undermined their rights and contributed to their ongoing socio-economic marginalization.

THE CONCEPT AND ESSENCE OF CUSTOM AS A SOURCE OF FAMILY LAW

Koroleva V.V. — 2025-08-28

Abstract. The scientific article is devoted to the analysis of custom as a source of family law. It is emphasized that the significance of custom as a source of law is due to the peculiarities of the legal consciousness of Ukrainian society. In modern legal science, custom is considered as a social and normative phenomenon that arises as a result of the long-term and repeated application of a certain rule of behavior, which is recognized as mandatory within a specific community. In the Family Code of Ukraine, customs are used as a means of regulating family and legal relations, in particular, this is provided for by articles: 11 (taking into account customs when resolving family disputes), 35 (the right to choose a

surname when registering a marriage), 51 (the right of spouses to respect for individuality), 146 (determination of the name of the child). It is emphasized that after recognition by the state and inclusion in the mechanism of legal regulation, custom acquires the features of a source of family law, namely: 1) duration and repeatability of application; 2) social recognition; 3) publicity; 4) universality; 5) normativity; 6) legality and legitimacy. Attention is also focused on the need to distinguish concepts that have similar external features - custom, business customs, tradition, morality. Despite the similarity, these categories differ in legal status, degree of obligation and scope of application. It is determined that legal custom can be applied both by courts and other law enforcement agencies, and by citizens - members of the relevant ethnic or social group - provided that it does not contradict the norms of family legislation and the moral principles of society. It is concluded that the norms of morality in themselves are not sources of family law, but it is compliance with moral principles that is the criterion that allows us to distinguish legal customs from other social norms. In the field of family law, legal custom is most closely related to traditions and morality, since they all form a behavioral model in the family. At the same time, only legal custom, subject to compliance with certain conditions, becomes legally binding and can be applied by the court to regulate family relations.

LEGAL AND REGULATORY FRAMEWORK FOR RESTITUTION IN UKRAINE: CURRENT STATE AND PROSPECTS

Dolianovska I.M. — 2025-08-28

The article provides a comprehensive analysis of the institution of restitution as a fundamental legal mechanism for restoring violated property rights in the Ukrainian legal system amid the Russian Federation’s armed aggression. It explores the regulation of restitution at both the national and international levels, emphasizing its multi- dimensional nature—from traditional bilateral restitution in civil law, involving the return of property under invalid transactions, to international legal approaches aimed at restoring the status quo ante following internationally wrongful acts and providing compensation for both material and non-material damages.

Particular attention is paid to recent legislative developments in Ukraine, especially Law No. 2923-IX (adopted in 2023), which introduced a legal framework for compensating damage to immovable property caused by hostilities. The article also reviews Cabinet of Ministers’ resolutions that detail the compensation procedures under the «eVidnovlennya» (eRecovery) program. This includes an analysis of damage documentation procedures, property assessments conducted by commissions, the role of the Register of Damaged and Destroyed Property, and the mechanisms for disbursing compensation—such as housing certificates and direct monetary payments for reconstruction purposes.

In addition, the article examines Draft Law No. 11161, which aims to streamline compensation procedures for property owners in temporarily occupied territories and active combat zones, reflecting the evolving nature of Ukrainian legislation to ensure more effective protection of victims’ property rights.

The study also underscores the significance of recent regulatory amendments that provide for the reinstatement of procedural deadlines in the review of court decisions based on rulings of the European Court of Human Rights, thereby enhancing the overall effectiveness of the national restitution framework.

Despite these advancements, the article argues that the absence of a unified, comprehensive law on restitution in Ukraine results in legal fragmentation, complicating the consistent and practical application of relevant norms— particularly under conditions of full-scale war. The author concludes by emphasizing the urgent need for codification, harmonization, and systemic improvement of Ukraine’s restitution policy in alignment with international standards and the principles of transitional justice.

LEGAL STATUS OF A WITNESS IN ECONOMIC PROCEEDINGS: THEORETICAL AND LEGAL ANALYSIS

Gerasymenko O.O. — 2025-08-28

The article is devoted to a comprehensive analysis of the legal status of a witness in commercial proceedings as one of the participants in court proceedings who performs an auxiliary function in proving. The paper examines the essence of the concept of «witness», outlines its place among other participants in procedural legal relations, and clarifies the specifics of its role in commercial proceedings. Given that commercial disputes are mostly based on written, electronic, and financial and accounting evidence, the institution of the witness is not a leading one in this category of cases. However, its importance cannot be underestimated, since it is testimony that can serve as an important additional source of information for clarifying the circumstances of the case, verifying the reliability of other evidence, and forming the court’s internal conviction.

The article analyzes the basic rights and obligations of a witness provided for by the current Commercial Procedural Code of Ukraine. These include the right to refuse to testify in cases specified by law, the right to safe conditions in court, as well as the obligation to give truthful testimony and appear when summoned by the court. Particular attention is paid to guarantees against coercion to give false testimony and liability for violation of procedural obligations.

The article examines the issue of procedural capacity of witnesses, in particular age and psychophysical criteria, as well as restrictions on persons who cannot be questioned as witnesses (judges, defenders, lawyers, clergy, etc.). The author emphasizes that a distinctive feature of commercial proceedings is the relatively limited use of witnesses compared to civil or criminal proceedings, but when the need arises, their participation becomes crucial for establishing the objective truth.

SPECIFICITIES OF THE IMPLEMENTATION OF PERMITTING PROCEDURES IN THE SPHERE OF URBAN PLANNING IN UKRAINE

Skomorovskyi V.B. — 2025-08-28

Based on an analysis of legal acts regulating permitting procedures in urban planning, the author emphasizes the importance of ensuring legal compliance through mechanisms of state architectural and construction control, urban planning monitoring, and the imposition of legal liability for violations. It is noted that state oversight in

the sphere of urban development is exercised by central executive authorities, local self-government bodies, and other authorized institutions.

At the same time, urban planning monitoring is defined as a system of observation and analysis regarding the implementation of urban planning documentation, including forecasting the condition of objects in accordance with legislative requirements. The study highlights that gaps and inconsistencies in current legislation frequently result in ineffective legal regulation, particularly at the level of individual normative legal acts.

In light of this, the author stresses the need for comprehensive legislative reform to ensure eficient control and adherence to legal standards in the construction sector. Permitting procedures in urban development, according to the author, should prioritize the activities of public authorities, avoid excessive bureaucratic formalism, and balance public and private interests.

To enhance the effectiveness of permitting processes, the competent authorities must ensure the safety and sustainability of urban development, taking into account the roles and responsibilities of both regulatory bodies and lawmakers. It is further emphasized that the legislative and regulatory frameworks governing permitting authorities should align with national urban development priorities, thereby ensuring transparency, consistency, and rationality in permitting procedures.

Within the framework of ongoing reforms in Ukraine’s urban development sector, special attention should be paid to updating legislation on permitting activities in alignment with the principles of public safety and national interest. The article underscores that systematization of urban development legislation is essential to eliminate duplication, legal uncertainty, and regulatory fragmentation.

The author proposes the codification of legislation in the field of urban planning and permitting, taking into account the interests of all stakeholders involved in public legal relations. Such codification would help optimize the number of regulatory acts, improve the quality and coherence of legislation, and facilitate the development of an integrated, functional legal framework.

LEGAL RELATIONS IN THE FIELD OF ADMINISTRATIVE AND LEGAL REGULATION OF PERMITTING ACTIVITIES IN THE FIELD OF URBAN PLANNING IN UKRAINE

Onyskovets M.Y. — 2025-08-28

. The article offers a comprehensive analysis of the administrative and legal regulation of permitting procedures in the field of urban planning in Ukraine, particularly in light of contemporary challenges and the need to align national legislation with European Union standards. The study explores various scholarly approaches to the nature and functional purpose of permitting procedures, reveals the structure of the relevant legal relations, and outlines the key features of the regulatory and legal framework in this area.

Special attention is devoted to the views of Ukrainian legal scholars regarding the shortcomings of the existing permitting system, including its fragmentation, procedural complexity, lack of a unified codified act, and the ineffectiveness of control mechanisms and administrative accountability. The article identifies practical aspects of the implementation of administrative and legal relations in urban development permitting, emphasizing that the success of permitting policy largely depends on clearly defined procedures, the automation of administrative processes, transparency in decision making, and the availability of effective judicial and non-judicial remedies for urban planning stakeholders. The study substantiates the need for a comprehensive reform of the permitting system, combining best practices from the EU with national legal traditions and addressing modern challenges such as martial law, post-war reconstruction, and the imperatives of sustainable development. Key proposals for legislative improvement include the codification of urban planning regulations, the creation of an electronic registry of permitting documents, and increased accountability for public oficials involved in permitting decisions. The article advocates for the adoption of successful international experience, particularly in the digitalization and automation of permitting procedures. The transition to an electronic model of permit issuance is expected to enhance transparency, minimize corruption risks, and improve the eficiency of administrative decision-making.

THEORETICAL AND LEGAL FOUNDATIONS OF COUNTERING INFORMATION TERRORISM IN THE CONTEXT OF MILITARY AGGRESSION BY RUSSIA AGAINST UKRAINE

Sydor V.D. — 2025-08-28

The article is dedicated to the theoretical and legal analysis of information terrorism as a key tool of hybrid warfare in the context of the full-scale military aggression of the Russian Federation against Ukraine. The author considers information terrorism as a systemic threat, realized through disinformation campaigns, cyber attacks, manipulative technologies aimed at undermining national security, creating panic, distrust in government authorities, and destabilizing society during a state of war. It is determined that current Ukrainian legislation, despite having general provisions on combating terrorism and ensuring information security, does not contain a clear definition of the concept of ‘information terrorism,’ which complicates effective counteraction against this phenomenon. Within the framework of the study, a conceptual model for the legal definition of information terrorism is proposed, and a comparative legal analysis of related concepts – information warfare, cyberterrorism, and propaganda – is carried out.

An analysis has been conducted of the existing legal framework in the field of information security, cyber defense, and counter-terrorism, in particular the Constitution of Ukraine, the Law of Ukraine «On National Security», analytical documents of the National Security and Defense Council of Ukraine, and the Information Security Strategy.The authors argue for the necessity of a comprehensive approach to countering information terrorism, which must include legislative regulation, institutional strengthening, the development of public-private partnerships, international cooperation, and the enhancement of media literacy among the population. The conclusions emphasize that improving the theoretical and legal foundations for countering information terrorism is an important condition for protecting Ukraine’s information space, ensuring information security, and strengthening national security in the context of hybrid warfare.Keywords: information security, information terrorism, hybrid warfare, disinformation, cyber defense, national security, martial law.

DIGITALIZATION OF LEGAL RECORDS MANAGEMENT: CHALLENGES OF ELECTRONIC DOCUMENT FLOW AND DATA PROTECTION

Stepanenko N.V. — 2025-08-28

The article provides a comprehensive analysis of the process of digitization of legal document management in Ukraine and examines the legal, technical, and organizational aspects of implementing electronic document management. It is determined that the transition to electronic document management is part of the national strategy to overcome bureaucratic barriers, reduce corruption risks, and improve management eficiency. Particular attention is paid to the legal status of electronic documents and the role of qualified electronic signatures (QES), which give documents full legal force. Based on an analysis of court practice, it has been proven that the use of simple or advanced electronic signatures (AES, AES) can create additional legal risks.

The problem of long-term storage of electronic documents and the need to use specialized archiving solutions that comply with DSTU and ensure the preservation of time stamps and signature certificates are considered. Cybersecurity issues are highlighted, including the need to implement modern cryptographic protocols, two-factor authentication, VPN connections, internal access regulations, and regular audits.

Given Ukraine’s European integration course, emphasis is placed on harmonizing national legislation with the EU’s eIDAS Regulation, which will ensure mutual recognition of electronic signatures and promote international cooperation.

The human factor is considered separately as a significant barrier to digitalization: psychological resistance, lack of trust, and insuficient digital literacy. A comprehensive approach is proposed, including not only technical innovations but also educational programs, legal changes, and organizational measures.

The results of the study can be used by government agencies, corporate legal departments, law firms, and IT companies specializing in the development of solutions for electronic document management.

PROBLEMS OF LEGAL REGULATION OF PAYMENTS IN THE FIELD OF ELECTRONIC COMMERCE

Dzisiak O.P. — 2025-08-28

The article provides a comprehensive analysis of the current regulatory framework in Ukraine governing electronic payment transactions, considering global trends, technological innovations, and challenges related to cybersecurity, personal data protection, and the international integration of legal standards. Particular attention is given to identifying key gaps and contradictions in national legislation that hinder the effective functioning of payment systems in the digital environment, as well as to analyzing the mechanisms of legal protection for participants in the e-commerce market. The impact of the COVID-19 pandemic and ongoing military actions on the development of electronic payments in Ukraine is emphasized, highlighting the urgent need for prompt improvement of regulatory approaches.

The author’s approach consists of a comprehensive integration of the theoretical foundations of financial law, practical recommendations for the protection of cyberspace, and international law. This combined perspective enables the formation of a conceptual basis for the modernization of legislation, taking into account the principles of technological neutrality, flexibility, and the protection of the rights of all economic entities. Several specific recommendations are proposed, with priority given to the creation of a single specialized regulatory act, the harmonization of domestic legislation with European and global standards, the improvement of user identification and authentication systems, and the development of effective mechanisms for resolving disputes in the field of electronic payments.

The results of the study have significant theoretical and practical potential and can serve both as a methodological basis for further academic inquiry and as a strategy for legislative policy aimed at ensuring the stable, secure, and innovative development of e-commerce in Ukraine. At the same time, the article stresses the importance of combining legal reforms with technological innovations, thereby creating conditions for building a competitive financial ecosystem and accelerating Ukraine’s integration into the global digital market.

EVOLUTION OF THE FORMATION OF INDEX CADASTRE MAPS AND THEIR ROLE IN DETERMINING THE BOUNDARIES OF SETTLEMENT POINTS IN UKRAINE

Gurynenko O.M. — 2025-08-28

Recent changes to the legislation and the general trend of digitalization of the activities of state bodies confirm the urgency of using digital sources to determine the boundaries of settlements in Ukraine. At the same time, emergency of such category as an index cadastral map was due to the need to automate the processes of identifying the location of a land plot and other real estate objects, which was solved by assigning a unique cadastral number to the land plot, which corresponded to the administrative-territorial unit, as well as the additional extension of the cadastral number was supposed to be the numbering of other real estate objects located on a such land plot.

The article analyzes the retrospective and modern normative regulation of the process of creating and approving index cadastral maps, as well as their significance in terms of establishing the boundaries of the territories of settlements. The primary normative regulation owes its origin to a specific subordinate regulatory act - the directives of the

State Land Committee of Ukraine. Thanks to these directives, the primary regulation of the process of developing index cadastral maps was ensured. Index cadastral maps originally arose precisely for the purpose of assigning a cadastral number and perform the technical role of reflecting the boundaries of administrative-territorial entities at the appropriate level.

The periodization of the creation of index cadastral maps from 1998 to the present period is substantiated. Examples of retrospective approval of index cadastral maps by an executive body are given. Various criteria for classifying index cadastral maps are also reflected.

The current legislation provides that information on the boundaries of administrative-territorial units that were established before the entry into force of the Law of Ukraine “On Land Management” is entered into the State Land Cadastre on the basis of projects for the formation of the territory and the establishment of boundaries of village and settlement councils, index cadastral maps (plans), and other oficial cartographic and archival materials.

The modern requirements of regulatory documents for the process of developing and approving index cadastral maps reflects that it was transformed from the authorities of executive authorities and local self-government bodies to territorial land resources bodies, and in the modern period must be confirmed by State Geocadastre of Ukraine. The final stage of implementing the provisions of index cadastral maps should be their inclusion in the data of the state land cadastre.

PROBLEMS OF EXERCISING THE RIGHT TO INFORMATION IN THE FIELD OF AGRICULTURAL WASTE MANAGEMENT IN UKRAINE

Tkachenko O.M. — 2025-08-28

The article examines the problems of implementing the right to environmental information in the field of agricultural waste management in Ukraine, taking into account the risks associated with war and the transformation of environmental legislation. It is established that this right belongs to the so-called third generation of human rights – collective, environmental, and solidarity rights aimed at ensuring sustainable development and environmental justice. The right to information about the environment, including waste, is a key instrument for sustainable development and environmental safety in Ukraine. The legal basis for access to environmental information on waste is enshrined in the Constitution of Ukraine, basic laws, and international agreements. The Law of Ukraine «On Environmental Protection» recognizes among the environmental rights of citizens the right to free access to information about the state of the environment (environmental information) and the right to freely receive, use, distribute, and store such information, except for restrictions established by law. However, special regulation in the field of waste management has only recently begun to develop after the adoption of the Law of Ukraine «On Waste Management» (2022), which provides for the creation of a unified information system and open registers. The article emphasizes that, in practice, significant obstacles to the realization of the right to information persist due to the lack of effective mechanisms for data access, low public awareness, terminological uncertainty, and the absence of a unified information infrastructure. An additional challenge is posed by military actions, which have led to a decrease in the area of agricultural land, the generation of significant volumes of «war waste», and the urgent need for prompt decision-making regarding its disposal. The article substantiates the necessity to develop special regulations on information support for the management of agricultural and war waste, harmonize Ukrainian legislation with EU principles, develop digital platforms for monitoring, and involve the public in environmental oversight.

ETHICAL CHALLENGES OF DIGITAL TRANSFORMATION IN JUSTICE

Horielova V.Y. — 2025-08-28

. The relevance of this study lies in exploring the ethical challenges associated with the digital transformation of justice, which is an integral part of the modern development of the judicial system. The use of artificial intelligence, algorithmic systems, and automation in court processes enhances the eficiency and transparency of justice, but simultaneously creates risks of discrimination, data privacy violations, and impacts on traditional principles of legal proceedings. In particular, algorithmic bias, arising from the use of historical data, can reproduce social inequalities, which contradicts the principles of fairness and equality before the law. Additionally, the increasing volume of electronic data poses threats to the confidentiality and privacy of individuals involved in court proceedings. The purpose of this research is to identify and analyze the ethical challenges of the digital transformation of justice, assess their impact on the principles of a fair trial, and develop recommendations for the ethical regulation of digital technologies in the judicial system.

The analysis methods include comparative legal analysis, a systemic approach, quantitative and qualitative research methods, as well as the study of international experience - particularly the practices of countries such as Estonia, the Netherlands, the USA, Canada, the UK, and Singapore. The obtained results confirm that algorithmic bias, data privacy violations, and the impact on traditional principles of justice are key challenges. To address these, the study proposes the implementation of independent algorithm audits, the development of legislative mechanisms for regulating digital decisions, ensuring transparency in court processes, and integrating international data protection standards.

The practical value of the research lies in forming the basis for a national strategy for the ethical digitalization of justice, aimed at ensuring fairness, transparency, and trust in the judicial system in the context of global technological change.

CONCEPTS AND CHARACTERISTICS OF REHABILITATION IN LEGAL DOCTRINE

Munka O.М. — 2025-08-28

The article provides a comprehensive study of the concept and features of rehabilitation in the legal doctrine of Ukraine and foreign countries. Rehabilitation is seen as an important institution of justice aimed at restoring justice, protecting human rights and freedoms, and maintaining public confidence in the justice system. The article highlights the evolution of approaches to the interpretation of the essence of rehabilitation, its main functions and features in both legal and social aspects. The author emphasizes that rehabilitation is not limited to formal acquittal of a person

illegally prosecuted, but also includes public refutation of unfounded accusations, compensation for material and moral damages, and restoration of honor, dignity and reputation.

Particular attention is paid to the analysis of the current legislation of Ukraine, which, although containing basic legal guarantees of rehabilitation, has significant shortcomings. In particular, the rehabilitation procedure is characterized by complexity and formalism, lack of effective compensation mechanisms, and insuficient support for rehabilitated persons. This complicates the practical restoration of violated rights and negatively affects the level of trust in the judicial system. The article examines issues that remain insuficiently covered in scientific literature, in particular the question of public trust, mechanisms for public apologies by the state, and the need to create a comprehensive system of social and psychological assistance for victims of unlawful persecution.

The article substantiates the need to reform legislation in order to ensure real, rather than declarative, restoration of rights. Practical ways to improve the institution of rehabilitation are proposed, including expanding the grounds for its application, introducing the institution of public apology, and creating systems of psychological and social support.

Effective rehabilitation is one of the key conditions for the functioning of a state governed by the rule of law and is critical for restoring public trust in the justice system, making it a relevant topic for further research and legislative changes.

ECOLOGICAL TERRORISM IN THE CONTEXT OF RUSSIA’S ARMED AGGRESSION AGAINST UKRAINE: LEGAL AND SECURITY DIMENSIONS

Ishchenko Y.I. — 2025-08-28

The Russian Federation’s armed aggression against Ukraine, which began in 2014 and escalated to full- scale war in February 2022, has demonstrated the multidimensional nature of modern warfare. Unlike the classic wars of the 20th century, today’s armed conflicts go far beyond traditional military operations. They encompass the information space, the economic sphere, the humanitarian dimension and, most importantly, directly affect the environment and climate security. The war in Ukraine has become a striking example of how the term “ecological terrorism” is no longer an abstract concept. The deliberate destruction by Russian occupiers of infrastructure, industrial enterprises, energy facilities, agricultural land, forests, and water resources is causing enormous damage to the natural environment. The consequences of such policies are long-term and extend far beyond Ukraine’s borders, affecting the European continent as a whole. The relevance of this study is determined by several factors. First, the Ukrainian state is currently faced with the need to simultaneously resist aggression and document crimes against the environment in order to demand compensation from the aggressor country in the future. Secondly, international law does not yet have an established category of «environmental terrorism» or an effective mechanism for compensation for mass environmental crimes during war, which creates serious legal loopholes. Thirdly, environmental security is increasingly being integrated into the sphere of national and international security, in particular into the activities of the European Union and NATO, which opens up new prospects for Ukraine. The problem of environmental terrorism in the context of Russia’s armed aggression against Ukraine is not only of theoretical but also of practical importance. Studying it allows us to understand the extent of the damage caused, identify legal mechanisms for bringing the aggressor to justice, and develop “green recovery” strategies that will form the foundation of Ukraine’s future environmentally balanced economy.

THE APPLICATION OF RESTORATIVE JUSTICE AS A MEANS OF PROTECTING HUMAN RIGHTS AND FREEDOMS AND THEIR TRANSFORMATION IN THE CONTEXT OF MILITARY ACTION

Izotenko K.Т. — 2025-08-28

The article examines the peculiarities of implementing restorative justice in the criminal proceedings of Ukraine under martial law. Emphasis is placed on the problems of the traditional punitive model of justice, which primarily focuses on punishing the offender and does not fully ensure the protection of victims’ rights or the restoration of social justice. Key challenges in applying restorative practices are identified: the absence of an adequate legal framework, limited institutional mechanisms, and contradictions between the provisions of criminal procedure law and international human rights standards. The experience of foreign countries in implementing mediation programs and other forms of restorative justice is analyzed, and the prospects for their adaptation to the Ukrainian legal system are outlined. The

development of the restorative justice institute will contribute to strengthening citizens’ trust in law enforcement, reducing the level of recidivism, and ensuring a balance between the rights of victims and offenders. Directions for improving national legislation and mechanisms for implementing international standards in criminal justice are proposed.

At the same time, the application of restorative justice remains problematic in terms of ensuring human rights in criminal proceedings, as well as addressing compensation for damages and providing comprehensive protection of individuals’ rights in such proceedings. In fact, the mechanism of restorative justice, according to many scholars, cannot fully cover all the losses of victims, despite reforms in criminal justice aimed at safeguarding not only the rights and freedoms of offenders but also those of victims.

The main goal of restorative justice is to restore social harmony rather than merely impose punishment. This may include compensation, community service, or other forms of reparation. Restorative justice also carries a preventive dimension, helping to reduce reoffending through offender rehabilitation. In Ukraine, the concept of restorative justice is gradually being introduced in various spheres, particularly in criminal proceedings, which makes it possible to create a more humane and effective approach to resolving conflicts arising from the commission of crimes.