Legal Bulletin
https://lbku.krok.edu.ua/index.php/legal-bulletin
<p><strong>Legal Bulletin</strong></p> <p><strong>ISSN (Print) 2708-339X</strong></p> <p><strong>ISSN (Online) 2786-7498</strong></p> <p>The collection of scientific papers <strong>‘Legal Bulletin’</strong> is the successor of the publication <strong>‘<a href="https://lbku.krok.edu.ua/index.php/krok-university-law-journal">Legal Bulletin of KROK University’</a></strong>, which was founded in 2006 and included in the list of professional publications and international databases: Index Copernicus International; Ulrich's Periodicals Directory, USA (international database Ulrich's Periodicals Directory, USA).</p> <p><a href="https://lbku.krok.edu.ua/files/example/2_5305544685245195258.pdf">Decision of the National Council of Ukraine on Television and Radio Broadcasting on the registration of the University of Economics and Law ‘KROK’ as a media entity (Appendix)</a></p> <p>The founders of the collection of scientific papers ‘Legal Bulletin’ are the founders of KROK University: <strong>Laptev Serhii, Parashchenko Liudmyla, Finikov Taras, and Hukailo Yurii.</strong></p> <p>The publisher of the Legal Bulletin is the Higher Educational Institution <strong>‘KROK University of Economics and Law’ (Ukraine)</strong>, which is one of the first private higher educational institutions in Ukraine and has an IV level of accreditation.</p> <p>Based on the decision of the Attestation Board of the Ministry of Education and Science of Ukraine dated 20 February 2023, the scientific periodical Legal Bulletin was included in the List of Scientific Professional Publications of Ukraine of Category ‘B’.</p> <p><a href="https://mon.gov.ua/npa/pro-zatverdzhennya-rishen-atestacijnoyi-kolegiyi-ministerstva-185-20022023">Order of the Ministry of Education and Science of Ukraine dated 20 February 2023 No. 185</a></p> <p> </p> <p><br /><strong>Frequency:</strong> quarterly.</p> <p><strong>Languages of publication:</strong> English, Ukrainian, Polish.</p> <p><a href="https://lbku.krok.edu.ua/index.php/legal-bulletin/about">https://doi.org/10.31732/2786-7498-LB</a></p> <p> </p>Університет «КРОК»uk-UALegal Bulletin2708-339XOBJECTIVE SIGNS OF SPECIALLY QUALIFIED INTENTIONAL MURDER: LIMITS OF INTERPRETATION AND PROBLEMS OF APPLICATION
https://lbku.krok.edu.ua/index.php/legal-bulletin/article/view/626
<p><em>The article is devoted to a comprehensive study of the objective elements of especially qualified intentional murder, as well as to determining the limits of their interpretation and identifying problems of law enforcement in modern criminal law practice. The relevance of the topic is обусловлена the increased social danger of this type of criminal offense, the complexity of its legal qualification, and the inconsistency of judicial practice regarding the establishment and interpretation of the objective elements of the corpus delicti.</em></p> <p><em>The study provides a theoretical analysis of intentional murder as a key category of criminal law, with further identification of its especially qualified forms. The main focus is placed on the objective side of the criminal offense, including such elements as a socially dangerous act (action or omission), consequences in the form of death, a causal link between the act and the result, as well as additional qualifying features established by criminal legislation.</em></p> <p><em>The specifics of such characteristics as the method of committing the murder, the number of victims, particular cruelty, commission of the offense for selfish motives, with the purpose of concealing another crime, as well as other aggravating circumstances are examined. The problems of their interpretation are revealed, in particular cases of expansive or restrictive approaches in judicial practice, which may lead to errors in legal qualification.</em></p> <p><em>Special attention is paid to the issue of establishing causation in complex situations where death results from a combination of factors or actions of several persons. The article also analyzes the difficulties of distinguishing especially qualified intentional murder from related criminal offenses, in particular from intentional grievous bodily harm resulting in death, as well as from murder committed under mitigating circumstances.</em></p> <p><em>The study also addresses problems of law enforcement caused by the vagueness of certain legislative provisions, the lack of uniform judicial approaches, and the influence of evaluative legal concepts requiring further doctrinal clarification. Based on the analysis of judicial practice and scientific sources, proposals are formulated for improving criminal law norms and unifying their interpretation.</em></p> <p><em>The necessity of clearly defining the limits of interpretation of the objective elements of especially qualified intentional murder is substantiated, which will contribute to improving the quality of criminal law qualification, ensuring the principle of legality, and achieving uniformity of judicial practice.</em></p>Shcherba V.M.
Copyright (c) 2026
https://creativecommons.org/licenses/by/4.0
2026-05-212026-05-21210511110.31732/2708-339X-2026-20-A13ALTERNATIVE TYPES OF PUNISHMENT: EFFECTIVENESS AND PROSPECTS OF APPLICATION IN UKRAINE
https://lbku.krok.edu.ua/index.php/legal-bulletin/article/view/627
<p><em>The article presents a comprehensive scientific and legal study of alternative types of criminal punishment in Ukraine under the conditions of transformation of the state’s criminal policy aimed at humanization and implementation of European standards of justice. The concept, features, and legal nature of alternative sanctions are revealed, their place within the system of criminal law measures is determined, and their significance in achieving the purposes of punishment, particularly the rehabilitation of convicted persons and the prevention of recidivism, is highlighted.</em></p> <p><em>The effectiveness of the main types of alternative punishments is analyzed, including fines, community service, correctional labor, restriction of liberty, and probation supervision as a modern institution for the resocialization of offenders without isolation from society. It has been established that probation supervision demonstrates higher effectiveness in reducing recidivism rates compared to imprisonment, which is confirmed by statistical data.</em></p> <p><em>At the same time, a number of problems have been identified, including social inequality in the application of fines, organizational difficulties in the execution of community service and correctional labor, as well as the controversial nature of restriction of liberty as an alternative form of punishment. Particular attention is paid to the analysis of judicial practice, which demonstrates the continued dominance of imprisonment and the inertia of law enforcement practice.</em></p> <p><em>The experience of imposing alternative punishments in Germany and Poland is analyzed, which made it possible to identify effective models for the application of alternative sanctions, including the “day-fine” system and a developed probation supervision system. The necessity of expanding the application of alternative punishments, improving the relevant institutions, and harmonizing national legislation with European standards is substantiated.</em></p>Dolianovska I.M.Kravchuk Y.O.
Copyright (c) 2026
https://creativecommons.org/licenses/by/4.0
2026-05-212026-05-21211211810.31732/2708-339X-2026-20-A14LOBBYING AS A LEGAL CONSTRUCTION: FEATURES OF FORMALIZATION
https://lbku.krok.edu.ua/index.php/legal-bulletin/article/view/611
<p><em>This article explores the problem of formalizing the institution of lobbying in Ukraine through the perspective of legal drafting techniques in the context of the adoption of the 2024 Law of Ukraine “On Lobbying” and the introduction of the Transparency Register. The relevance of the topic stems both from the novelty of the relevant regulatory framework and the specific conditions of its implementation during martial law, which objectively complicates the rule-making process.</em></p> <p><em>The aim of the study is to define the essence of the concept of “lobbying” and to establish its classification as a legal construct within the framework of legal technique. The research analyzes academic approaches to understanding legal constructs, particularly their narrow (legal-technical) interpretation, and critically examines a broad approach to defining them as epistemological constructs. It is substantiated that legal constructs have practical significance and are aimed at ensuring the logical consistency, coherence, and effectiveness of normative material.</em></p> <p><em>It is proved that the concept of “lobbying”, despite its origins in political science, corresponds to the key characteristics of a legal construct. In particular, it reflects a model of social relations, is formed through abstraction and typification, has an internally consistent structure (subject, object, subject matter, content of activity), and serves as a means of constructing normative material. Special attention is paid to distinguishing between the concepts of “lobbyism” and “lobbying”, where the former is viewed as a more static phenomenon and the latter as a dynamic process subject to legal regulation. Consequently, the appropriateness of using the term “lobbying” in legislation has been substantiated.</em></p> <p><em>It is concluded that lobbying is a legal construct used by the legislature to formalize the relevant legal relationships. The practical significance of this work lies in formulating requirements for the further improvement of lobbying legislation, taking into account the principles of legal drafting, in particular clarity, logic, consistency, and internal coherence of legal norms.</em></p>Didych T.O.Chapliuk O.I.Sliusar D.Е.
Copyright (c) 2026
https://creativecommons.org/licenses/by/4.0
2026-05-212026-05-212101710.31732/2708-339X-2026-20-A1POLITICAL OPPOSITION IN UKRAINE: LEGAL STATUS AND INSTITUTIONAL CHALLENGES IN THE CONTEXT OF EUROPEAN INTEGRATION
https://lbku.krok.edu.ua/index.php/legal-bulletin/article/view/612
<p><em>The article provides a comprehensive scientific analysis of the institution of political opposition in Ukraine within the context of ensuring the principle of political pluralism and the democratic development of the state. The relevance of the study is driven by the existing legal vacuum in Ukrainian legislation: despite the constitutional consolidation of ideological diversity, the term “political opposition” lacks a direct legal definition and a systematic regulatory framework. This creates risks of formalizing opposition activities and restricting its oversight functions. The author explores scientific approaches to interpreting the essence of the opposition as a legal form of counteraction to the official political course, based on the principles of alternativeness and constructive criticism.</em></p> <p><em>The article conducts a retrospective review of legislative initiatives since 2005 that proposed various models for the institutionalization of the opposition. The work examines in detail the evolution of approaches to defining the status of the parliamentary minority: from attempts to adopt a specific specialized law to efforts aimed at integrating relevant norms directly into the Rules of Procedure of the Verkhovna Rada of Ukraine. Particular attention is paid to the reasons why none of these initiatives entered into force, highlighting the lack of political will among the ruling elites and the absence of consensus regarding the scope of rights for opposition forces. The specifics of opposition functioning under martial law and modern challenges to democratic discourse are also investigated.</em></p> <p><em>The current state of the problem is highlighted through the lens of implementing the recommendations of the European Parliament Mission (Pat Cox’s Roadmap), which is critical for Ukraine’s European integration progress. It is proven that an effective political opposition is not only an instrument of criticism but also a fundamental mechanism of checks and balances that guarantees an alternative political course and transparency in the activities of public authorities. It is concluded that creating effective legal guarantees, including the right to participate in the leadership of parliamentary committees and the legitimization of the opposition government, is key to the stability of democratic institutions, strengthening parliamentary control, and preventing the monopolization of power in Ukraine.</em></p>Korniienko O.O.
Copyright (c) 2026
https://creativecommons.org/licenses/by/4.0
2026-05-212026-05-212182310.31732/2708-339X-2026-20-A2THE CONTRIBUTION OF ROMAN VASYLIOVYCH BERSHEDA TO THE FORMATION OF THE UKRAINIAN LEGAL SCHOOL
https://lbku.krok.edu.ua/index.php/legal-bulletin/article/view/613
<p><em>The article is dedicated to the figure of Roman Vasyliovych Bersheda (1912–1979) – a prominent Ukrainian legal scholar, educator, and World War II veteran whose scientific and teaching activities significantly influenced the development of the national legal school in the post-war decades. The central thesis of the work is that Bersheda’s contribution to the development of Ukrainian law extends far beyond his scholarly publications; he shaped a comprehensive culture of legal thinking by combining profound theoretical training, years of practical work in justice authorities, and dedicated pedagogical activity.</em></p> <p><em>The article traces the scholar’s life and professional path: from the start of his career in justice bodies in 1934 and his leadership of the Kyiv Law School of the Ministry of Justice of the Ukrainian SSR, to the defense of his doctoral dissertation in 1973 and his teaching at the Higher Party School under the Central Committee of the Communist Party of Ukraine. Special attention is paid to his frontline experience – voluntary participation in World War II, the defense of Kyiv, and the liberation of Kursk, Dnipropetrovsk, and cities in Poland and Czechoslovakia – which deeply influenced his understanding of law as a guarantor of human dignity. The author analyzes Bersheda’s key scientific works, specifically the monographs “The Executive Committee of the District Council” (1958) and “The Village and Settlement Council and Issues of Socialist Legality” (1970), in which the scholar not only examined existing legislation but also proposed practical ways for its improvement.</em></p> <p><em>The relevance of this study is driven by the ongoing reform of the Ukrainian justice system and local self-government: revisiting the scientific heritage of previous generations of jurists allows for a better understanding of the institutional origins of modern legal practices. The author’s contribution lies in introducing little-known biographical evidence into scientific discourse, including personal memories of Bersheda as a teacher and a person. This approach allows for a complete reconstruction of his figure – not only as a scholar but also as a personality who shaped Ukraine’s legal elite through the power of his own example.</em></p>Tkach D.I.
Copyright (c) 2026
https://creativecommons.org/licenses/by/4.0
2026-05-212026-05-212243110.31732/2708-339X-2026-20-A3ROMAN PRIVATE LAW AS THE BASIS FOR THE FORMATION OF THE MODERN EUROPEAN LEGAL TRADITION
https://lbku.krok.edu.ua/index.php/legal-bulletin/article/view/614
<p><em>The article presents a comprehensive theoretical and legal study of Roman private law as a fundamental basis for the formation of the modern European legal tradition. The historical prerequisites for the emergence and development of Roman private law are analyzed, and its role in the establishment of the continental legal system and the formation of the main institutions of modern civil law is determined. It is emphasized that Roman private law became a universal legal model that significantly influenced the development of the legal systems of most European states. Particular attention is paid to the study of the basic principles of Roman private law, including freedom of contract, inviolability of private property, legal equality of the parties, good faith, and justice. It is established that these principles have not lost their relevance under modern conditions, since they continue to determine the content of private law regulation and are applied in contemporary legal practice.</em></p> <p><em>The article reveals the significance of the reception of Roman law for the development of European legal science and the process of codification of civil legislation. The influence of Roman private law on the formation of the French Civil Code of 1804, the German Civil Code of 1896, and other legal acts of European states is analyzed. Particular attention is paid to the study of the influence of Roman private law on the modern civil legislation of Ukraine and the process of harmonization of the national legal system with European standards. It is substantiated that the reception of Roman law contributed to the formation of the modern understanding of property rights, law of obligations, inheritance law, and contractual relations.</em></p> <p><em>It is emphasized that Roman private law has not only historical but also important practical significance for modern legal science and education. Its study contributes to the formation of legal thinking, the development of legal culture, and the improvement of mechanisms of private law regulation. It is concluded that Roman private law is an integral component of the modern European legal tradition and an important source for the development of civil law in Ukraine in the context of European integration and the reform of national legislation.</em></p>Bieliavska S.Y.
Copyright (c) 2026
https://creativecommons.org/licenses/by/4.0
2026-05-212026-05-212324010.31732/2708-339X-2026-20-A4PREVENTION OF ASYMMETRIC THREATS TO NATIONAL SECURITY AS AN INTEGRAL COMPONENT OF STATE-BUILDING PROCESSES
https://lbku.krok.edu.ua/index.php/legal-bulletin/article/view/615
<p><em>The article provides a comprehensive analysis of the national and international legal framework for preventing asymmetric threats as an integral component of effective state-building and ensuring institutional resilience. It is argued that, in the context of modern hybrid confrontation and the rapid escalation of transnational challenges, Ukraine’s security system has evolved from a predominantly reactive criminal law model into a multidimensional, proactive institutional mechanism of prevention.</em></p> <p><em>The study examines the core regulatory instruments, including key Ukrainian legislation in the fields of national security, counterterrorism, and financial monitoring of the shadow economy. It is emphasized that the current legal framework establishes a clear and hierarchical system of interaction among state authorities. Particular attention is devoted to the doctrinal interpretation of contemporary destructive activities, which encompass not only traditional kinetic attacks but also high-tech sabotage, attempts to use weapons of mass destruction, radiological coercion, ideological incitement, and the phenomenon of state terrorism perpetrated by sovereign actors.</em></p> <p><em>The paper substantiates the thesis that effective state-building is objectively impossible without deep integration of global and European security standards. It also provides a systematic review of the implementation of international treaties, including key conventions of the United Nations and the Council of Europe. Their doctrinal and practical significance is demonstrated in terms of the depoliticization of radical violence, the disruption of transnational financial support for extremism through the limitation of banking secrecy, the protection of critical infrastructure, and the mandatory criminalization of early stages of threat formation, including public incitement, recruitment, and training.</em></p> <p><em>The article concludes that the synergy of national criminal legislation, strategic regulatory acts, and international legal imperatives has enabled Ukraine to develop an effective system of legal protection. This comprehensive framework is capable of neutralizing hybrid destructive phenomena at all stages of their development. It is further argued that the ability of a state’s legal system to adapt in a timely manner to emerging challenges constitutes a fundamental condition for preserving national sovereignty and ensuring the continuity of state-building processes.</em></p>Gumenyuk V.V.
Copyright (c) 2026
https://creativecommons.org/licenses/by/4.0
2026-05-212026-05-212414710.31732/2708-339X-2026-20-A5THE DICHOTOMY BETWEEN PRIVATE AND PUBLIC INTEREST IN THE JUDICIARY: THE SEARCH FOR A DOCTRINAL COMPROMISE
https://lbku.krok.edu.ua/index.php/legal-bulletin/article/view/616
<p><em>This article offers a systematic examination of the distinction between private and public interests through the lens of contemporary theories of justice. The traditional division between private and public law remains relevant to many; however, a re-evaluation is warranted in light of recent judicial interpretations provided by the Constitutional Court of Ukraine and the European Court of Human Rights. The legal nature of the public interest as a legal category and its relationship with the rights and freedoms of the individual are examined, as well as the doctrinal methodology for establishing the criteria used to distinguish between public and private interests within the jurisdiction of the court, and its impact on justice in civil, administrative and commercial courts. </em></p> <p><em>Particular attention is paid to the principle of proportionality as a tool used to balance competing interests. The article examines how the Constitutional Court of Ukraine has sought to protect public interests, as well as to establish the limits of state interference in people’s private lives. A definition is provided of the doctrinal compromise between public and private interests in court, based on the extent to which it is reasonable for the parties involved to have access to the legal system, as well as the extent to which the legal system is accessible to both parties in court proceedings.</em></p> <p><em>The author emphasises that the dichotomy between public and private law is a pervasive issue across all branches of law and is becoming increasingly pronounced, particularly in the context of European integration, where the harmonisation of EU standards will bring about a fundamental shift in the traditional boundaries between the autonomy of private law and the regulation of public law. The doctrine of proportionality cannot be established as the dominant doctrine of justice by establishing an a priori hierarchy of private and public interests. It requires the consistent application of procedural criteria to resolve each specific conflict of interest between the parties on the basis of the criteria of legitimate aim, necessity and proportionality.</em></p> <p><em>Ultimately, this review demonstrates that justice in the administration of justice will only be achieved when both types of interest are duly taken into account and considered by the court in the exercise of its discretionary powers; and when the decisions taken by the court are justifiably distinct from those taken by legislative and administrative bodies. </em></p>Shershenkov D.M.
Copyright (c) 2026
https://creativecommons.org/licenses/by/4.0
2026-05-212026-05-212485410.31732/2708-339X-2026-20-A6IMPLEMENTATION OF THE RIGHT OF ACCESS TO COURT IN UKRAINE THROUGH THE PRISM OF INTERNATIONAL LEGAL STANDARDS
https://lbku.krok.edu.ua/index.php/legal-bulletin/article/view/617
<p class="1" style="text-align: justify; text-indent: 28.3pt; line-height: normal;"><em><span lang="UK" style="font-size: 14.0pt; font-family: 'Times New Roman',serif;">The article examines the theoretical, legal, and practical aspects of the implementation of the right of access to court in Ukraine through the prism of international legal standards. Particular attention is paid to the formation of international standards in the field of judicial protection enshrined in the provisions of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as in the acts of the Council of Europe. The paper reveals the evolution of approaches to understanding the right of access to court in the practice of the European Court of Human Rights, which defines it as a practical and effective right rather than a formal guarantee. The study analyzes the influence of international legal standards on the formation of the national system of judicial protection in Ukraine, particularly through constitutional provisions and procedural legislation. The main criteria for the effective implementation of the right of access to court are identified, including the actual possibility of applying to a court, the absence of excessive procedural barriers, the financial accessibility of justice, compliance with reasonable time limits, and the guarantee of equality of the parties in the proceedings. It is emphasized that the implementation of international standards is of crucial importance for ensuring the effective functioning of the judicial system. It is substantiated that, despite the existence of normative guarantees of access to court in Ukraine, their practical implementation still requires further improvement. In particular, this concerns the elimination of procedural and factual barriers, increasing the efficiency of judicial proceedings, and ensuring a real rather than formal opportunity to apply to judicial institutions. Particular attention is paid to the need to ensure genuine access to justice under contemporary social challenges, since effective access to court constitutes one of the key guarantees for the implementation of the rule of law both within the international community and in Ukraine. At the same time, it is argued that the further improvement of judicial protection mechanisms and the harmonization of the national legal system with international standards are necessary conditions for strengthening public trust in the judiciary.</span></em></p>Skomorovskyi V.B.
Copyright (c) 2026
https://creativecommons.org/licenses/by/4.0
2026-05-212026-05-212556210.31732/2708-339X-2026-20-A7THEORETICAL AND LEGAL APPROACHES TO THE DEVELOPMENT OF A LEGAL FRAMEWORK FOR THE CIRCULATION OF VIRTUAL ASSETS
https://lbku.krok.edu.ua/index.php/legal-bulletin/article/view/618
<p><em>The article provides a critical analysis of theoretical and legal approaches to forming a legal regulation system for virtual assets circulation in the context of digital economic transformation and Ukraine's European integration imperatives. Employing systemic-structural, comparative-legal, and dialectical research methods, the authors problematize the limitations of existing regulatory models and substantiate the necessity of a conceptually novel approach to virtual asset regulation.</em></p> <p><em>The FATF approaches, limited primarily by the anti-money laundering paradigm, and the European MiCA Regulation, which despite its comprehensiveness leaves unresolved questions of regulatory adaptability to technological innovations, are critically assessed. Structural limitations of institutional, functional, risk-based, and experimental approaches are identified, which in the absence of their synergetic combination generate either excessive regulatory rigidity or legal uncertainty.</em></p> <p><em>The central scientific result of the research is the conceptualization of an adaptive hybrid regulation model for virtual assets, which integrates the principle of technological neutrality with differentiated regulatory impact depending on the asset's functional purpose, level of systemic risks, and state institutional capacity. The model envisages a three-tier regulatory architecture: baseline level (general principles and AML/CFT requirements), functional level (differentiated regulation based on economic function), and adaptive level (regulatory sandbox mechanisms and continuous review of regulatory standards).</em></p> <p><em>The specifics of the Ukrainian regulatory environment are analyzed, particularly the problem of competence distribution between the National Bank of Ukraine and the National Securities and Stock Market Commission, the deficit of institutional capacity for implementing complex European standards, and the necessity of considering regulatory features under martial law and post-war reconstruction. It is substantiated that mechanical borrowing of the European model without adaptation to the national context risks creating a formally legitimate but functionally ineffective regulation system.</em></p> <p><em>The system of adaptive hybrid model principles is defined: contextual adaptability, gradational proportionality, institutional consistency, technological neutrality, and innovation openness. The scientific novelty lies in synthesizing functional and risk-based approaches with adaptive regulation mechanisms, allowing preservation of regulatory flexibility without losing legal certainty.</em></p>Stepanenko N.V.Dzisiak O.P.
Copyright (c) 2026
https://creativecommons.org/licenses/by/4.0
2026-05-212026-05-212637010.31732/2708-339X-2026-20-A8EVOLUTION OF THE BASIS FOR JUSTIFICATION OF CHANGES IN SETTLEMENT BOUNDARIES IN UKRAINE
https://lbku.krok.edu.ua/index.php/legal-bulletin/article/view/623
<p><em>This article analyzes the historical evolution of the normative regulation of the grounds for determining, establishing, and changing the boundaries of settlements in Ukraine. It is identified that the role of urban planning documentation has gradually evolved from a purely technical document defining architectural and spatial arrangements and building regimes to the only legitimate multifunctional basis for changing and expanding settlement boundaries as an integrated system aimed at meeting the needs of the local community. Suburban areas have historically lost their role as reserve territories for settlement development with restrictive building regimes determined by the city around which they were formed.</em></p> <p><em>The primary documents that established the mandatory nature of urban planning documentation as a basis for expanding settlement boundaries were technical norms and regulations. With the evolution of legal regulation, certain provisions of these building standards were incorporated into Ukrainian legislation, which gradually established the general plan as the sole legal basis for expanding settlement boundaries.</em></p> <p><em>The role of urban planning institutions has also evolved from exclusive design institutions under an administrative-command system to a diversified network operating within a competitive market environment.</em></p> <p><em>The article highlights the extraterritorial influence of all-Union authorities on the regulation of land relations and the approval procedures of urban planning documentation. Particular attention is paid to the role of decisions of the quasi-authoritative body of the Ukrainian SSR – the Central Committee of the Communist Party – in shaping both urban planning policy and institutional development.</em></p> <p><em>The evolution of the powers of public authorities in approving urban planning documentation is also examined: from higher-level authorities, including those of all-Union significance, to local self-government bodies of territorial communities.</em></p>Gurynenko O.M.
Copyright (c) 2026
https://creativecommons.org/licenses/by/4.0
2026-05-212026-05-212859710.31732/2708-339X-2026-20-A11LEGAL MECHANISMS FOR ENSURING CONSTITUTIONAL HUMAN RIGHTS AND FREEDOMS BY THE NATIONAL POLICE OF UKRAINE UNDER CONDITIONS OF MARTIAL LAW
https://lbku.krok.edu.ua/index.php/legal-bulletin/article/view/625
<p><em>The article presents a comprehensive theoretical and legal study of constitutional rights and freedoms of individuals and citizens, as well as the specific features of their protection by the National Police of Ukraine under the legal regime of martial law. The methodological framework of the research is based on a combination of general scientific and special legal methods, which made it possible to analyze the transformation of the law enforcement function of the state during a crisis period.</em> <em>The study elucidates the essence of constitutional guarantees of individual rights and freedoms and outlines the legal limits of their permissible restriction in accordance with Article 64 of the Constitution of Ukraine, national legislation, and international standards, in particular the Convention for the Protection of Human Rights and Fundamental Freedoms.</em> <em>Particular attention is paid to the role of the National Police as one of the key actors within the system of internal security, whose powers under martial law combine both service-oriented and militarized components.</em></p> <p><em>Attention is also directed to the practical aspects of implementing police preventive and coercive measures during the period of martial law. The study provides a detailed analysis of the specific features of police activity in ensuring public security, including the enforcement of curfew restrictions, verification of identity documents, inspection of personal belongings and vehicles, as well as the compulsory expropriation of property for defense needs</em><em>. </em><em>The challenges associated with the evacuation of the population and the prevention of looting in areas of active hostilities are also outlined.</em></p> <p><em>The article identifies systemic risks arising in the process of expanding police discretionary powers, in particular the threat of excessive interference in an individual’s private life. The necessity of strict adherence to the principles of legality, reasonableness, and proportionality, which should constitute the core of any restriction of rights, is substantiated. Based on the findings of the study, the author formulates proposals aimed at improving the regulatory framework and organizational mechanisms of interaction between the police and other bodies of the security and defense sector. The conclusions obtained are intended to enhance the legal protection of citizens and may be implemented in the practical activities of law enforcement agencies, the legislative process, and may also serve as a basis for further research in the fields of constitutional and administrative law.</em></p>Frantsuz-Yakovets T.A.Bukach V.V.
Copyright (c) 2026
https://creativecommons.org/licenses/by/4.0
2026-05-212026-05-2129810410.31732/2708-339X-2026-20-A12CURRENT ISSUES IN THE USE OF EVIDENCE IN COMMERCIAL PROCEEDINGS, PARTICULARLY IN THE CONTEXT OF THE DIGITALIZATION OF JUSTICE AND THE DEVELOPMENT OF ELECTRONIC TECHNOLOGIES
https://lbku.krok.edu.ua/index.php/legal-bulletin/article/view/619
<p><em>The article examines current issues related to the use of evidence in commercial proceedings, particularly in the context of the digitalization of justice and the development of electronic technologies. Special attention is paid to the problems of the absence or insufficient reliability of evidence, limited access to it, as well as the use of evidence obtained in violation of legal requirements. It is determined that the digital transformation of judicial proceedings significantly affects traditional approaches to proof, necessitating their reconsideration and adaptation to new conditions.</em></p> <p><em>The study analyzes the specific features of electronic evidence, its intangible nature, the need to confirm its authenticity, ensure its integrity, and the complexity of its evaluation in judicial practice. It is established that the imperfection of legislative regulation and the lack of unified standards for electronic evidence create significant difficulties for both courts and participants in proceedings, leading to inconsistencies in judicial practice. Particular attention is paid to the problems of obtaining evidence, especially those existing in digital environments or held by third parties.</em></p> <p><em>The article considers international experience, in particular the practice of the European Union, regarding the regulation of evidence collection and the use of electronic signatures as a means of verifying the reliability of electronic information. The necessity of improving procedural mechanisms of proof, implementing modern information technologies, and developing e-justice is substantiated.</em></p> <p><em>It is established that ensuring a balance between accessibility of evidence and proper protection of the rights of the parties is a key task of modern commercial litigation. The paper proposes directions for improving legal regulation, including the development of unified standards for the evaluation of electronic evidence, improvement of procedures for their submission and examination, and strengthening international cooperation. Additional emphasis is placed on the importance of enhancing the qualifications of judges and participants in proceedings in the field of electronic evidence, developing the technical infrastructure of courts, as well as improving electronic document management and integrating digital justice services. The results of the study may be used to increase the efficiency of judicial proceedings and ensure fairness in commercial disputes.</em></p>Gerasymenko O.O.
Copyright (c) 2026
https://creativecommons.org/licenses/by/4.0
2026-05-212026-05-212717710.31732/2708-339X-2026-20-A9PUBLIC-PRIVATE PARTNERSHIP IN THE DEFENSE-INDUSTRIAL COMPLEX AS A COMPONENT OF ENSURING THE NATIONAL SECURITY OF UKRAINE
https://lbku.krok.edu.ua/index.php/legal-bulletin/article/view/620
<p><em>The article analyzes public-private partnership in the defense-industrial complex as a component of ensuring the national security of Ukraine. It is noted that public-private partnership is an important mechanism of cooperation between the state and the private sector, which creates opportunities for achieving significant results in various fields. This form of interaction involves combining the resources of state institutions, local self-government bodies, and private investors with a clear distribution of risks, responsibilities, and profits. Particular attention is paid to the application of public-private partnership in the defense-industrial complex, which is of critical importance for national security. Such partnership contributes to fulfilling the tasks of protecting the state sovereignty and territorial integrity of Ukraine.</em></p> <p><em>The article analyzes the provisions of the Law of Ukraine “On Public-Private Partnership,” which provides for the possibility of implementing public-private partnership mechanisms in the field of security and defense, thereby emphasizing the importance of cooperation between state institutions and the private sector. It is established that such partnership covers a wide range of measures, including joint financing of strategically important projects in the military-industrial complex and the integration of innovative technologies into the sphere of national security and resource management. This underlines the multidimensional nature of partnership aimed at strengthening the state’s defense capability.</em></p> <p><em>It is emphasized that strengthening Ukraine’s defense potential requires the integration of private capital, advanced technologies, and expert knowledge. Public-private partnership can become an effective mechanism for achieving this goal, as it not only enhances state capabilities but also provides advantages to the private sector, including state guarantees and access to budget financing. It is argued that the potential of public-private partnership extends beyond weapons production and encompasses cybersecurity, intelligence technologies, and the protection of critical infrastructure.</em></p> <p><em>Attention is focused on the fact that the dynamic development of public-private partnership mechanisms in the field of national security requires the adaptation of legislation to wartime conditions and the implementation of best international practices. This will not only strengthen the state’s defense capability but also encourage the involvement of the private sector in implementing innovative strategic initiatives.</em></p>Ozarko N.-R. L.
Copyright (c) 2026
https://creativecommons.org/licenses/by/4.0
2026-05-212026-05-212788410.31732/2708-339X-2026-20-A10