Legal Bulletin

THE FORMATION AND EVOLUTION OF VIRTUAL ASSETS: FROM CONCEPTUAL DEVELOPMENTS TO THE NEED FOR LEGAL REGULATION

Kryvenko K.O. — Thu, 06 Mar 2025 00:00:00 +0200

The study analyses the historical background of the emergence and evolution of virtual assets in the context of the development of the digital economy and blockchain technologies. The author traces the path from the first concepts of digital currencies, such as eCash, e-gold, B-money, Hashcash and Bit Gold, to the emergence of Bitcoin and the further expansion of the virtual asset market through altcoins. The article systematises the key stages of development of virtual assets, starting with theoretical developments of the 1980s and 1990s and ending with modern cryptocurrency platforms. The article analyses the technical aspects of the creation of the first cryptocurrency projects, their features, as well as the factors that contributed to success or, conversely, led to failure. Particular attention is paid to bitcoin as the first decentralised cryptocurrency, its role in shaping the modern virtual asset market and its impact on the further development of digital financial technologies. Given the popularisation of virtual assets and their massive introduction into financial relations, the author considers the need for legal regulation of this area. The author identifies the main problems faced by states when attempting to regulate digital assets, in particular, classification of virtual assets, antimoney laundering (AML), consumer protection, taxation and their integration into the traditional financial system. The study demonstrates that states use different approaches to regulating cryptocurrencies: from a complete ban (China) to the creation of specialised legal mechanisms for their legalisation and control (the US, EU, Japan). The author also considers the development of stablecoins, smart contracts and decentralised financial services (DeFi), which further complicates the regulatory landscape. The author concludes that the historical evolution of virtual assets demonstrates a natural transition from conceptual developments to full-fledged legal regulation of this area. Despite the technical and legal challenges, digital assets continue to integrate into the global financial system, which confirms their long-term prospects. Further research in this area is needed to develop effective regulatory approaches that take into account both the innovative potential of virtul assets and the need for financial security and stability.

EUROPEAN APPROACHES TO JUDICIAL PRECEDENT AND THEIR IMPACT ON UKRAINIAN JUSTICE

Lukashevych S.M. — Thu, 06 Mar 2025 00:00:00 +0200

The article is dedicated to important aspects of the development of judicial precedent in Ukraine, particularly after gaining independence and in the context of European integration. It analyzes key approaches to the application of judicial practice in the Anglo-Saxon and continental legal systems, as well as the adaptation of the Ukrainian legal system to European standards. The article identifies the need for the adaptation of judicial practice, taking into account national legal realities, and the gradual implementation of European approaches to legal application. The article also focuses on the importance of applying the case law of the European Court of Human Rights (ECHR) and the Court of Justice of the European Union (CJEU) as sources of law in Ukrainian courts to ensure fairness

and legal certainty in judicial decisions.

The influence of the Anglo-Saxon and continental legal systems on Ukraine’s judicial practice is analyzed. The gradual formation of judicial precedent in Ukraine in the context of adapting to European standards is also highlighted. Emphasis is placed on legislative changes that facilitate the use of judicial decisions as benchmarks in legal application. Special attention is given to the research of Ukrainian scholars regarding the legal mechanisms of the EU, particularly the works of A.Y. Frantsuz, who analyzes the issue of implementing EU legislation and its implementation through organizational measures and consultations. The importance of interaction between the legal systems of Ukraine and the EU is emphasized, as well as the necessity to consider the acquis communautaire – the body of EU legal norms

and practices.

The conclusions emphasize the importance of using the experience of EU countries in the field of judicial precedent to develop the Ukrainian judicial system. Specifically, it focuses on the need to consider the decisions of the European Court of Human Rights (ECHR) and the CJEU, as well as integrating European principles of justice into national judicial practice. Although judicial precedent is not a formal source of law in Ukraine, the practice of the ECHR and the CJEU has a significant impact on the formation of a unified and predictable judicial practice. This contributes to the harmonization of legal application in Ukraine with European standards, enhancing legal certainty and the effectiveness of justice.

The role of the Supreme Court, particularly its conclusions and model cases, in influencing legal application at all levels of the judicial system is also noted. The conclusions confirm that international judicial practice significantly contributes to the reform of the Ukrainian judicial system, bringing it closer to the European model of justice and ensuring the protection of human rights.

ANALYSIS OF HISTORICAL ASPECTS OF THE FORMATION AND DEVELOPMENT OF THE FUNCTIONAL PURPOSE OF THE POLICE

Sofyna I.V. — Thu, 06 Mar 2025 00:00:00 +0200

This This article is designed to explore the historical aspects of the formation and development of the functional purpose of the police in Ukraine within a certain historical period. This is necessary for further understanding the role and significance of the functional purpose of the National Police of Ukraine today, as well as to evaluate the work of this body in the past and to use positive experience from history.

This scientific article is designed to analyze the historical aspects of the formation and development of the police purpose with relevant conclusions and emphasize the importance and significance of these aspects for modern Ukraine. The article analyzes scientific publications and regulatory legal acts on this issue, shows the relevance of the chosen topic, and also draws conclusions and generalizations on determining the place of the functional purpose of the National Police of Ukraine in a certain historical period.

The author’s contribution consists of determining and highlighting the importance of historical aspects of the formation and development of the functional purpose of the police, as well as in a detailed analysis of this aspect on the example of Ukraine in a certain historical period (in particular, the period of restoring Ukraine’s independence and building it as an independent, democratic, legal European state). The author shows that the bodies of the National Police of Ukraine have an independent functional purpose in the system of law enforcement bodies of the state. At the same time,

effective resolution of the tasks assigned to these bodies is possible only under the condition of close cooperation with other state bodies, local self-government bodies and civil society institutions, as well as a clear understanding of the functional purpose and its proper implementation in practice.

The author examined the various stages of development of interaction between the police and its predecessor – the militia, on the one hand, and the public and the state represented by various government bodies, on the other

LEGAL REGULATIONS AND CHALLENGES IN THE POST-WAR CONSTRUCTION SECTOR: PROBLEMS AND INTERNATIONAL EXPERIENCES

Dolianovska I.M., Hrybov D.I. — Thu, 06 Mar 2025 00:00:00 +0200

The article analyses the challenges and prospects of Ukraine’s post- war recovery, including the experience of foreign countries. It highlights the key economic, social, and institutional experience of post-war reconstruction of some countries, examining the critical factors that will influence the effectiveness of this process, as well as its correlation with the observance of human rights in Ukraine.

The importance of cooperation between the Ukrainian government, international organisations, and donor countries is emphasised, as it will ensure transparency, eficiency, and accountability in the reconstruction process.

The Lugano Principles are also discussed as a framework for implementing recovery programs in both the short- and long-term perspectives for Ukraine. The study explores the recovery experience of countries that have endured armed conflicts, particularly Bosnia and Herzegovina and Georgia. It analyzes the challenges these countries and their donors faced during reconstruction, including ineffective coordination of donor assistance, weak institutions, lack of effective financial oversight, failure to take into account measures to respect fundamental human rights, and corruption. By taking this experience into account, it is possible to anticipate potential risks that may arise in Ukraine’s reconstruction process and to take proactive measures to minimise or completely avoid negative consequences of certain actions and situations.

The analysis of post-war recovery processes in Bosnia and Herzegovina and Georgia leads the authors to conclude that the successful post-war reconstruction of Ukraine will depend on the selected methods and strategies for achieving the set goals. It is imperative that these strategies align with the chosen path of development determined by the Ukrainian people-but also on the continued strengthening of the rule of law, institutions of human and civil rights, the restoration of public and international trust in Ukraine’s judicial system, and the integration of environmental and social components into economic development goals (such as the Green Deal, climate targets, gender approach, anti-corruption measures, and social security). These priorities should become key objectives for Ukraine in the post-war period.

EXECUTION OF A COURT DECISION ON THE REMOVAL OF A CHILD: THEORETICAL AND EMPIRICAL RESEARCH

Stepanenko N.V., Kubrak D.A., Firsov D.Y. — Thu, 06 Mar 2025 00:00:00 +0200

The article is devoted to a comprehensive disclosure of the theoretical aspects of the implementation of the decision to remove a child, taking into account law enforcement practice. It is argued that the decision to remove a child should be made only on the basis of legally defined grounds and be aimed at ensuring the rights of the child and observing his best interests.The study of the provisions of international documents and national legislation made it possible to propose the author’s definition of the term «removal of a child» as a way to protect the rights and interests of the child, which is a process during which guardianship and trusteeship bodies or other authorized entities make a decision to remove a child from the family or from a certain environment in which he is located, in order to ensure his safety, health, and well-being.The author established that at the legislative level, regulatory requirements for the implementation of a court decision to remove a child have been established, which relate to temporal boundaries, subject composition, as well as compliance with the rights and freedoms of other participants in the enforcement proceedings. In addition, it was found that in the process of carrying out executive actions to execute the relevant writs of execution, related issues may arise that significantly complicate this process and require an additional appeal by the state bailiff to the court. Therefore, detailed attention is paid to the issues of temporary placement of a child in a children’s or medical institution, declaring a child wanted, as well as forced entry into a person’s home or other possessions to take a minor. The results of the study emphasize that the dificulties in executing a court decision to take a child necessitate the carrying out of relevant executive actions by state bailiffs who have a high level of professionalism and competence, as well as appropriate moral and volitional qualities proceedings, guarantees, court decision, taking a child, the best interests of the child.

PROBLEMATIC ASPECTS OF THE USE OF VINDICATION AND NEGATIVE CLAIMS AS A MEANS OF PROTECTING THE RIGHT TO OWNERSHIP OF A LAND PLOT IN THE EVENT OF ITS UNAUTHORIZED OCCUPATION

Koroleva V. V. — Thu, 06 Mar 2025 00:00:00 +0200

An important tool for resolving disputes related to the violation of land rights, the restoration of legal rights and interests of individuals is the filing of claims for recovery of damages from the relevant subjects of the offense. The article analyzes scientific and theoretical approaches and judicial practice regarding the application of vindication and negation as effective methods of protecting property rights and other property rights to land plots. The study focuses on examining the relationship between these two methods of protection.

One of the key problems in the field of land law is the correct choice between vindication and negation methods of

protecting land rights, because the resolution of the case depends on it. The article pays special attention to the protection of rights in cases of unauthorized occupation of a land plot, which is a common violation of land legislation. In particular, the growing number of disputes on this issue requires the restoration of the legal rights and interests of land owners or persons who use them.

According to current legislation, the only form of protection of rights in the case of unauthorized occupation of land is judicial protection. However, the law does not specify a specific method of such protection, which has given rise to a scientific debate, which is discussed in the article. An analysis of judicial practice has shown that the unauthorized occupation of a land plot is considered a temporary illegal possession, which is a violation of the rights of the legal owner or user of the land. In such cases, both subjects (the owner and the temporary legal owner) have the right to apply negative protection of their rights. As a result, it can be argued that modern judicial practice has already largely determined the choice of methods for protecting land rights, although not all of these approaches find support in legal science. Nevertheless, such decisions provide greater certainty in the regulation of land relations, creating a more stable legal basis for the protection of land rights.

LEGAL LIABILITY OF MILITARY OFFICERS AS AN ELEMENT OF ENSURING DISCIPLINE AND LEGALITY IN THE MILITARY SPHERE

Skomorovskyi V.B., Serikov M.A. — Thu, 06 Mar 2025 00:00:00 +0200

Ukrainian military personnel bear legal responsibility on general grounds, like all citizens of Ukraine, but taking into account their special legal status. All military personnel, regardless of rank or position, are equal before the law. However, upon starting service, a military serviceman, along with receiving shoulder straps, assumes special responsibility for the defense of the Motherland and the performance of military duties, which includes the need to unquestioningly fulfill assigned tasks under any conditions, even at the risk of life. It is noted that being a law-abiding citizen is not enough for a military serviceman - he must be an example in the performance of his duties. A military serviceman is obliged to bear legal responsibility for violating laws and the procedure for passing service. It is noted that military personnel perform duties related to the defense of the state, observing discipline and executing orders. Their status is determined by special legislation, which establishes additional requirements for their behavior.

Depending on the nature of the offense committed and the degree of guilt, military personnel shall bear disciplinary, administrative, material, civil, and criminal liability in accordance with the law, taking into account the combat immunity defined by the Law of Ukraine «On the Defense of Ukraine». Attention is drawn to the fact that the legal liability of military personnel is one of the key components of ensuring law and order and discipline in the Armed Forces.

Modern challenges, such as armed conflicts, international obligations of the state to comply with humanitarian law standards, and the need to strengthen national security, require clear legal regulation of the behavior of military personnel. In Ukraine, this issue has become particularly relevant in connection with aggression against the country, reform of the security and defense sector, as well as the process of adapting national legislation to European Union standards. Gaps in legislation, conflicts between norms, and dificulties in their practical application require a comprehensive scientific analysis and development of recommendations for improving legal regulation. It is concluded that the study of the legal responsibility of military personnel is important not only for ensuring discipline in military formations but also for the general strengthening of the rule of law and trust in the legal system of the state.

CRIMINAL TRAFFICKING OF ASSETS IN THE FOCUS OF CRIMINOLOGICAL ANALYSIS

Shvets Yu.V. — Thu, 06 Mar 2025 00:00:00 +0200

Under the criminal circulation of assets, we propose to understand the revolving resource potential of crime - a system of socially dangerous directions and forms of movement of funds, property and other assets, the subject contours of which are criminal practices related to the financing of criminal activity, legalization of its results and/or use of assets, which causes harm to social benefits protected by the law on criminal liability. Criminal circulation of assets

forms the foundation of both general criminal organized crime and economic and political crime.

Three segments of relevant criminal practices are distinguished, which constitute the subject framework of the phenomenon of criminal circulation of assets:

practices of financing other criminal activity, namely - art. art. 110-2, 111-2, 258-5, 260, 176, 437, 447 of the Criminal Code of Ukraine;
financial and criminal practices: corruption crime (parts 2–4 of article 191, articles 364, 364-1, 368–369 of the Criminal Code of Ukraine); political corruption in terms of violating the procedure for financing a political party, election campaign or referendum campaign (article 159-1 of the Criminal Code of Ukraine); smuggling (articles 201, 201-1, 201- 3, 201-4 of the Criminal Code of Ukraine);
legalization (laundering) of property obtained by crime (article 209 of the Criminal Code of Ukraine), as well as intentional violation of the requirements of the legislation on preventing and countering the legalization (laundering) of proceeds from crime, financing of terrorism and financing of the proliferation of weapons of mass destruction (article 209-1 of the Criminal Code of Ukraine).

As a criminological phenomenon, criminal asset turnover manifests itself in the unity of three groups of criminal activity: a) that which encroaches on the financial system of the state, economic and service relations; b) that encroaches on national security, public security, as well as peace, security of mankind and international law and order; c) general criminal manifestations of asset turnover. Each of them unfolds in two dimensions: traditional-circulation and virtual. It is emphasized that in the conditions of a globalized world it necessarily reveals the contours of transnational criminal activity, the effective counteraction of which requires proper international cooperation of law enforcement agencies.

CRIMINOLOGICAL ANALYSIS OF HUMAN TRAFFICKING IN UKRAINE: QUANTITATIVE AND QUALITATIVE INDICATORS IN THE CONTEXT OF WAR

Dykyi O.V., Hryhorchak D.V. — Thu, 06 Mar 2025 00:00:00 +0200

The article substantiates that rapid transformations in social relations, the onset of hybrid warfare, and the full-scale armed aggression of the Russian Federation against Ukraine have been key factors influencing crime dynamics in general and, in particular, the spread of human traficking crimes. The author has conducted a criminological analysis of the quantitative and qualitative indicators of such crimes in the context of the war in Ukraine, including crime levels, dynamics, structure, geography, crime intensity, and activity coeficients, among others.

It is important to note that oficial statistical reports on registered criminal offenses do not fully reflect the actual criminogenic situation. However, they serve as a crucial indicator of changes and trends in crime dynamics, particularly in the field of human traficking. Based on the empirical data analysis, it can be concluded that the dynamics of crimes under Article 149 of the Criminal Code of Ukraine between 2014 and 2024 are characterized by significant fluctuations, yet the overall problem remains at a high level. However, it is essential to emphasize that statistical data do not reflect the latent component of human traficking. Undoubtedly, the level of latency in this phenomenon is significant, as human traficking is inherently latent, making its detection and oficial registration by law enforcement agencies challenging.

An analysis of the forms of human traficking exploitation indicates that sexual exploitation remains the most common purpose of human traficking in Ukraine (75% of all recorded cases). This trend has remained stable throughout the analyzed period from 2014 to 2024. Other forms of exploitation, such as forced labor and coerced begging, are significantly less frequent. Additionally, it has been established that human traficking does not always involve exploitation—10% of verdicts were related to the sale of children by their parents without the intent of exploitation, indicating other motives behind this crime, particularly illegal adoption.

The geographical analysis leads to the conclusion that the most criminalized areas are highly urbanized cities and regions of Ukraine bordering other countries, which significantly contribute to the cross-border movement of human traficking victims.

The research findings confirm the necessity of improving state policy in the field of preventing and combating human traficking. Furthermore, the collected data provide a foundation for further research on the internal aspects of these crimes, particularly analyzing offenders, their motivations, and the factors that drive them to commit such offenses.

POSSIBILITIES OF USING RESTORATIVE JUSTICE AND MEDIATION TOOLS IN THE PROCESS OF SENTENCING AND PREVENTING CRIMINAL OFFENSES

Dolianovska I.М. — Thu, 06 Mar 2025 00:00:00 +0200

This article is devoted to the topical issues of the application of restorative justice and mediation tools within the framework of criminal justice, namely the imposition of a sentence and the consequences of serving it – the commission or abstention from committing new criminal offenses in the future. The author analyzes the state of implementation of these alternative institutions in our country, highlighting the challenges that prevent their wider spread. In recent years, the need to change the paradigm in the work of law enforcement agencies from punitive to restorative has become increasingly obvious. The application of the principle of the inevitability of punishment is not suficient, and it is not always possible to implement this principle in practice. This is especially evident in the case of first-time criminal

offenses, misdemeanors or crimes of minor gravity, and criminal offenses committed by minors. Often, after serving a sentence, especially in the form of imprisonment, the accused considers himself not as one who has been justly punished, but on the contrary - a victim of circumstances and criminal proceedings, without understanding the extent of the harm he has caused to the victim, which contributes to the repeated commission of criminal offenses, and therefore to recidivism. Restorative justice allows you to overcome the impersonality of the penitentiary system with both the victim of a criminal offense and the individuality of the accused, the transformation of his personality after punishment. Restorative justice is based on the ability not only to carry out actions to compensate for the damage, but also to understand and acknowledge the harm caused. A powerful tool in restorative justice is mediation between the victim and the offender, which is usually carried out in the form of a dialogue between them, with the participation of a neutral mediator. Despite the successful experience of applying restorative justice in many countries of the world, this practice has not yet gained significant distribution in our country. It is this circumstance that arouses the author’s scientific interest in studying modern trends in the development of restorative justice using mediation tools and in identifying further ways to popularize and develop these socio-legal institutions.

THE IMPACT OF CONSTITUTIONAL IDEAS ON THE ESTABLISHMENT OF THE UKRAINIAN FAR EASTERN REPUBLIC: A HISTORIOGRAPHICAL STUDY

Gumenyuk V.V. — Thu, 06 Mar 2025 00:00:00 +0200

The Ukrainian nation’s protracted struggle for liberty, self- determination, and sovereign statehood is manifest in its constitutional trajectory. The 1710 Constitution of Pylyp Orlyk, grounded in prescient democratic ideals, holds the distinction of being the first Ukrainian Constitution and providing a blueprint for a free and independent nation founded on the right to self-governance. In examining the Constitution of the Ukrainian Far Eastern Republic, it is essential to consider its relationship with the Constitution of Pylyp Orlyk, as well as the constitutional frameworks of the Ukrainian People’s Republic and the West Ukrainian People’s Republic. Orlyk’s Constitution served as a wellspring of inspiration for the 1918 Constitution of the Ukrainian People’s Republic, which, in response to evolving historical circumstances, provided a foundation for the Constitutions of both the Ukrainian Far Eastern Republic and the West Ukrainian People’s Republic. The enduring influence of Orlyk’s Constitution on subsequent Ukrainian constitutional documents underscores the continuity of legal traditions within Ukrainian state-building, and understanding these historical underpinnings is crucial for the advancement of contemporary Ukrainian jurisprudence. The Constitution of the West Ukrainian People’s Republic, which amalgamated the constitutional experience of the Ukrainian People’s Republic with the distinct characteristics of the Western Ukrainian territories, exemplifies the ongoing evolution of Ukrainian constitutionalism that originated with the Constitution of Pylyp Orlyk.

THE PHENOMENON OF THE CATEGORY «MORALITY» IN THE RETROSPECTIVE OF COGNITIVE-ANTHROPOLOGICAL ANALYSIS

Horielova V.Yи. — Thu, 06 Mar 2025 00:00:00 +0200

The article examines the concept of the ‘predicate of moral law’ in the context of human rights doctrine.

Particular attention is given to the concept of morality as an ethical and legal category.

The author establishes that the transformation of morality occurs throughout the history of mankind, as at each stage of human development there is a certain rethinking of moral values. The author analyzes the impact of moral principles on the legal system. The main thesis of the article is that a modern legal society does not have a common understanding of morality, and legislation often faces the problem of reconciling moral imperatives with legal norms. The article considers the current challenges associated with the transformation of moral values under the influence of emerging technologies.

On the one hand, there is a tendency to expand human rights, and on the other hand, there is a risk of distorting moral postulates that have been developed over the course of human history. The author argues that the predicate of moral law is a key criterion for assessing legislative norms, as any law should be based on the principles of justice and humanism. Special attention is given to the analysis of the decisions of the European Court of Human Rights, which is

guided by moral imperatives in its practice.

Among the basic predicates of moral law are the prohibitions of murder, torture, slavery, discrimination, forced labor, violation of privacy, and freedom of belief. It is substantiated that moral principles form the foundation of the rule of law, and their ignorance can lead to the loss of legitimacy of legal norms.

The scientific novelty of the article lies in the introduction of the concept of a moral law predicate as a mandatory component of legal doctrine. The article uses philosophical and legal approaches, in particular, analyzing the ideas of ancient thinkers and modern human rights researchers. It is concluded that morality is an integral part of law, and any legal contradictions should be resolved through moral categories.

CREATION OF A SPECIAL LEGAL REGIME AND BUSINESS DEREGULATION AS A TOOL FOR REFUGEE RETURN: ADAPTATION OF UKRAINE’S MIGRATION POLICY IN THE POST-WAR PERIOD

Bykov O.M., Menchak I.V. — Thu, 06 Mar 2025 00:00:00 +0200

The article analyzes the role of business deregulation as a crucial tool for facilitating the return of refugees to Ukraine during post-war recovery.

This study explores the adaptation of Ukraine’s current migration policy and legislation to new challenges and realities caused by the consequences of war, which could create favorable conditions for entrepreneurial activity and economic development. In turn, this would strengthen the motivation for refugees and economic migrants to return to their homeland.

Another aspect under examination in this article is the review of successful cases of reducing regulatory burdens on businesses and their impact on economic activity.

In particular, the focus will be on measures such as simplifying business operations, reducing administrative barriers, liberalizing tax policies, and minimizing legislative-level bureaucratic obstacles.

Analyzing these examples will not only help assess the effectiveness of business deregulation but also provide insights into how these measures can be adapted to Ukraine’s specific conditions, especially in the context of refugee return and their integration into economic activities during the war and in the post-war period.

The article specifically examines mechanisms for simplifying business operations, reducing tax burdens, and the role of entrepreneurship in restoring economic activity and ensuring the social integration of refugees and economic migrants.

HISTORICAL PREREQUISITES FOR THE EMERGENCE OF MEDIATION: NATIONAL AND INTERNATIONAL EXPERIENCE

Maryna Yu.Yu. — Thu, 06 Mar 2025 00:00:00 +0200

Despite the fact that mediation is considered one of the most popular methods of consensual dispute resolution in the world, in Ukraine mediation had no legislative regulation for many years. This was one of the obstacles that held back the development of alternative dispute resolution in Ukraine, despite the fact that the mediation community, both in the world and in Ukraine, was growing. Eventually, on November 16, 2021, the Law of Ukraine «On Mediation» was adopted. This article presents different approaches to determining the historical prerequisites for the emergence of mediation in the world, in particular in the EU, the USA and Ukraine. The formation and legislative consolidation of mediation are analyzed, including on the basis of a comparison of primary sources, regulatory documents and scientific approaches. The article is devoted to the features of the new Ukrainian legislative regulation of mediation, which are decisive for the national mediation model. Relevance of the article: in essence, mediation is a service for resolving various conflicts and disputes. For a comprehensive and in-depth study of mediation, it is necessary to examine its origins, the history of its development since ancient times and the current state of mediation development in the world. The article describes the prerequisites for the emergence of mediated reconciliation, as well as the stages of development of this institution. Mediation became widespread in the twentieth century, especially in common law countries. The author of this article has analyzed in detail the development of mediation in the United States, the EU and Ukraine. Thus, at the end of the XX century, mediation gained international recognition, and at the beginning of the XXI century it became a fact of international law and international relations. Mediation is actively used to resolve interstate, ethnic, racial, trade and military conflicts. Mediation has received its international legal consolidation in the form of the Model Law on International Commercial Conciliation (UNCITRAL) and the European Code of Conduct for Mediators. These documents serve as a unified and effective basis for ensuring the implementation of international peace agreements concluded as a result of mediation. Thus, the scope of mediation is growing every year with the support of the international community

FEATURES OF LEGAL REGULATION OF THE ACTIVITIES OF RELIGIOUS ORGANISATIONS AND THE RIGHT TO FREEDOM OF CONSCIENCE IN UKRAINE UNDER MARTIAL LAW

Stepanenko N.V., Hurenko V.А. — Thu, 06 Mar 2025 00:00:00 +0200

The scientific article is devoted to analyzing the features of legal regulation of the activities of religious organizations and the realization of the right to freedom of conscience in Ukraine under martial law. The author analyses the main legislative changes in Ukraine during martial law aimed at ensuring national security, preventing the influence of religious organizations afiliated with a foreign religious organization whose activities are prohibited in Ukraine, and restricting their operations in accordance with international law, including the prohibition of the Russian orthodox church and the ideology of the «Russian world» in Ukraine.

The article examines the impact of the armed aggression of the russian federation against Ukraine on the state policy on freedom of conscience and the functioning of religious organizations in Ukraine, especially those religious organizations that are canonically and organizationally subordinated to the Russian orthodox church. The article explains the concept of a foreign religious organization under the current legislation of Ukraine. The author defines the criteria by which foreign religious organizations may operate in Ukraine, as well as the conditions for their prohibition. The provisions of the main laws in Ukraine are analyzed, in particular, the author focuses on the analysis of the decision of the National Security and Defence Council of Ukraine of 1 December 2022 «On Certain Aspects of the Activities of Religious Organisations in Ukraine and the Application of Personal Special Economic and Other Restrictive Measures (Sanctions)» and the Law of Ukraine “On the Protection of the Constitutional Order in the Field of Activities of Religious Organizations», which sets out clear requirements for religious organizations that may have ties with a state that is recognized as having committed or is committing armed aggression against Ukraine and/or temporarily occupying part of the territory of Ukraine.

The article emphasizes the importance of maintaining a legal balance between ensuring the right of citizens to freedom of worldview and religion and protecting the national interests of the State in the context of the current challenges posed by the armed aggression of the Russian Federation against Ukraine and the imposition of martial law throughout the State, which provides for partial restriction of citizens’ rights.

FUNCTIONS AND ROLE OF THE COURT IN SUPPORTING STATE POLICY IN THE FIELD OF HUMAN RIGHTS IN UKRAINE

Bykov O.M., Lysenko Y.O. — Thu, 06 Mar 2025 00:00:00 +0200

The judiciary is a key element of the rule of law, ensuring the rule of law and guarantees of constitutional human rights. In Ukraine, as in many countries, the issue of judicial protection of human rights is on the agenda in the context of general reforms aimed at strengthening democratic institutions and ensuring legal justice.

Today, Ukraine’s judicial system is undergoing a challenging reform process aimed at achieving a high level of justice eficiency, increasing public trust in the judiciary, and ensuring fair and accessible justice for all segments of the population. However, despite some positive changes, the judicial system still faces numerous challenges, such as court overload, delays in case consideration, lack of judicial specialization and other organizational and stafing dificulties. This creates obstacles to ensuring proper protection of human rights and justice, which is one of the fundamental principles of a democratic state.

In particular, the judicial system is an important component of the mechanism for protecting the rights and freedoms of citizens, since it is the courts that guarantee justice, legal certainty and observance of fundamental human rights enshrined in the Constitution of Ukraine and international treaties. The purpose of this paper is to study the tasks of the judiciary in the context of the State human rights policy, to analyze the effectiveness of judicial protection of citizens’ rights and freedoms, and to examine the problems arising in the course of implementation of this policy.

The article examines the basic principles of judicial protection, such as the right to a fair trial and access to justice, as well as the importance of strategic documents, in particular the National Human Rights Strategy and the Strategy for the Development of the Justice System. Particular attention is paid to the analysis of practical aspects of judicial reforms in Ukraine, the problems of optimizing the judicial network and specialization of courts, which directly affect the eficiency of justice.

Despite certain achievements, the judicial system in Ukraine requires further changes that will ensure a more effective mechanism for the protection of human rights. The implementation of reforms should be comprehensive and aimed at increasing the level of trust in the judicial system and justice in general.

THE SOCIAL DIMENSION OF PARLIAMENTARISM IN STRENGTHENING UKRAINE’S NATIONAL SECURITY: THEORETICAL AND PRACTICAL CONSIDERATIONS

Balykina-Halanets L.I. — Thu, 06 Mar 2025 00:00:00 +0200

The article examines the social dimension of parliamentarism in ensuring Ukraine’s national security. Theoretical and practical aspects of the interaction between parliament and national security are analyzed, particularly the role of parliament in forming the legislative framework and monitoring its implementation. The main challenges and prospects for the development of parliamentarism in the context of social security are identified. The author proposes recommendations for improving the effectiveness of parliamentary activities in the field of national security.

National security is one of the key tasks of Ukraine’s state policy. In the context of russia’s aggression, internal conflicts, and socio-economic crises, ensuring national security has become a necessity for preserving the state’s sovereignty and stability. One of the important elements of this system is parliamentarism. The Verkhovna Rada of Ukraine, as the main representative body, plays an important role in shaping national security through legislative activities, government oversight, and interaction with civil society.

GENESIS OF THE PHENOMENON OF OLIGARCHISM IN THE WORLD: HISTORICAL AND LEGAL ASPECT

Serbin Y.V. — Thu, 06 Mar 2025 00:00:00 +0200

This article presents a comprehensive analysis of historical processes and the evolution of legal thought, allowing for an assessment of the role of the modern state in ensuring citizens’ rights and freedoms. The author substantiates that central government bodies must function exclusively in the interests of society, guaranteeing equal opportunities and the protection of each citizen’s rights. In a democratic legal state, manifestations of oligarchism should not exert a substantial influence on economic development and the functioning of society as a whole.

The study explores the relevance of the issue of oligarchism, taking into account the scholarly achievements of different historical periods. The prerequisites for the emergence of this phenomenon and its evolution within the socio- economic context have been identified. The analysis highlights the key issues related to the operation of oligarchic structures in modern state systems. The author suggests that further research on oligarchism will contribute to the development of effective mechanisms to counteract its negative manifestations in political, economic, and social life.

Through the lens of historical analysis, oligarchism is examined as a distinct socio-political phenomenon characterized by the concentration of power and resources in the hands of a limited group of individuals. These entities, leveraging their wealth and influence, can directly interfere in governance processes, affect legislative and executive bodies, and thereby pose a threat to democratic principles.

It has been established that the historical emergence of oligarchism is linked to the development of social and economic relations that facilitated the accumulation of capital and power in the hands of certain individuals or groups. This phenomenon has been observed across different epochs and political systems, underscoring its universality and significance for understanding contemporary socio-political processes.

Basedontheconducted theoretical and historical-legal analysis, a series of scientific proposals andrecommendations have been formulated to limit the influence of oligarchic structures on political and economic processes. The proposed conclusions are grounded in the works of leading scholars in the fields of philosophy, history, and law, allowing for a comprehensive assessment of the scope of the oligarchism phenomenon and potential solutions.

LEGAL STATUS OF THE STATE AWARD «HERO OF UKRAINE»

Zahrebelna N.A. — Thu, 06 Mar 2025 00:00:00 +0200

. The article examines the legal status of the state award «Hero of Ukraine,» noting that the state award is one of the highest forms of recognition of citizens’ merits before the state, symbolizing heroism and self-sacrifice.

The title is awarded for outstanding achievements in military affairs, law enforcement, and in emergency situations. As of February 27, 2025, 1074 people have received the award, including 802 with the Order of the Golden Star. The example of the courage of the Hero of Ukraine Anatoly Frantsuz, who saved a hostage during an international operation, is mentioned. It is noted that the award can be awarded to both citizens of Ukraine and foreigners, which indicates the

international nature of the recognition.

It is analyzed that the awards reflect national values and are an instrument for the development of civil society. The legal status of the award provides for the possibility of posthumous awarding of the title. It is studied that the award stimulates the activity of citizens and forms a positive image of the state. The award is of great importance for the education of youth, emphasizing the importance of heroism. It has been studied that the state award «Hero of Ukraine» serves as a symbol of national pride and unity. The award helps to form mutual respect between generations, ensuring the transfer of values. A vivid example is the figure of Anatoly Iosypovych Frantz, who became a symbol of courage and bravery not only at the state level, but also in the team of the University «KROK,» where he united a team of like-minded people and created a solid foundation for the development of the scientific community.

The article also considers the issue of award ethics, which emphasizes the importance of transparency of the process. The award forms cultural traditions of honoring heroes, increasing the level of patriotism. The conclusions indicate the importance of social recognition and support for heroes in modern society.

PROBLEMATIC ASPECTS OF ENSURING HUMAN RIGHTS IN THE CONTEXT OF MODERN STATE-BUILDING

Koroleva V.V., Lysak M.Yu. — Thu, 06 Mar 2025 00:00:00 +0200

The The article examines the issues of human rights and the problems of their provision, as well as the role of the state in ensuring the rights and freedoms of citizens in Ukraine.

Attention is focused on the fact that with the establishment of the doctrine of human rights, institutional mechanisms for their provision began to actively develop, which, in turn, include a set of various measures aimed at the effective implementation of human rights.

The main task of Ukrainian legislation is to create an effective mechanism for ensuring constitutional rights.

The mechanism for ensuring human rights includes various elements, including legislative acts, law enforcement practices, the activities of judicial bodies, human rights organizations, as well as the presence of an effective institutional structure for their implementation. One of the main components of this mechanism is state policy aimed at ensuring the rights and freedoms of citizens.

An important role in this is played by national legislation, which must comply with international human rights standards, because it is through it that states ensure the implementation of human rights in practice. Therefore, the implementation of international norms in national legislation is an important step towards ensuring human rights.

According to the Constitution of Ukraine, the state is responsible to citizens for its activities. The establishment and protection of human rights and freedoms is the primary duty of the state. The main feature of a legal state is the rule of law, and therefore it is appropriate to consider the rule of law as a principle that establishes requirements for various social institutions to ensure natural human rights and freedoms. One of the serious problems is the low level of legal awareness among citizens. The role of the state is also to ensure the appropriate level of education and educational work among the population regarding their rights, which is an important aspect for overcoming legal nihilism and forming a sense of law.

ON THE PROSPECTS OF LEGAL REGULATION OF PLATFORM EMPLOYMENT TO ENSURE UKRAINE’S LEGISLATION ALIGNMENT WITH THE EU ACQUIS

Saman V.V. — Thu, 06 Mar 2025 00:00:00 +0200

The article addresses the issue of judicial independence in the European Union, its normative and legal foundations, and practical mechanisms for its enforcement.

It analyzes the main principles of the functioning of the EU judiciary, such as the organizational and functional autonomy of judicial institutions, the absence of political influence, guarantees of the immutability of judges, and the procedures for their appointment. Significant attention is given to the role of the Court of the European Union in ensuring

the unity of law enforcement and the mechanisms for monitoring the compliance with judicial independence in member states.

The influence of the Anglo-Saxon and continental legal systems on the judicial practice of Ukraine is analyzed. The gradual formation of judicial precedent in Ukraine in the context of adapting to European standards is highlighted. Emphasis is placed on legislative changes that promote the use of judicial decisions as guidelines in law enforcement.

Particular attention is given to the research of Ukrainian scholars on the legal mechanisms of the EU, especially the works of A.Y. Frantsuz, who analyzes the issues of implementing EU legislative acts and their implementation through organizational measures and consultations. The importance of interaction between the legal systems of Ukraine and the EU is emphasized, as well as the need to consider the acquis communautaire – the body of EU legal norms and practices. The authors underline that although Ukraine does not have a traditional precedent- based system, its judicial practice is gradually acquiring features typical of common law systems. The decisions of the Supreme Court of Ukraine increasingly play the role of guidelines for law enforcement, which contributes to the unification of judicial practice and legal certainty. The implementation of European principles of judicial proceedings, such as judicial independence,

process transparency, and equality of the parties, also positively impacts the legal system of Ukraine.

It is determined that Ukraine is gradually moving towards a mixed model of law enforcement, combining elements of continental law and judicial precedent. In the context of European integration, harmonizing Ukrainian legislation with the judicial practice of the EU becomes especially important.

The conclusions emphasize the need for further improvement of Ukraine’s judicial system, particularly by increasing the transparency of judicial proceedings, ensuring the real independence of judges, and strengthening accountability for violations of judicial ethics. It is concluded that the effective implementation of European legal standards is a key prerequisite for Ukraine’s successful integration into the EU legal space and for enhancing public trust in the judiciary

INTERNATIONAL LEGAL FOUNDATIONS OF REPATRIATION

Tkach D.I. — Thu, 06 Mar 2025 00:00:00 +0200

The article provides a comprehensive analysis of the international legal framework governing the process of repatriation. It examines the evolution of international legal regulation of repatriation, from the earliest international agreements to modern multilateral conventions and treaties. Special attention is given to the analysis of key international documents that form the legal basis for repatriation processes in the contemporary world.

Fundamental principles of international law regarding repatriation are considered, including the principle of voluntary return, non-discrimination, family unity, and the right to return to the country of origin. The mechanisms for implementing these principles in national legislation across different countries and their practical application are

analyzed.

The study highlights in detail the role of international organizations in repatriation processes, particularly the activities of the United Nations High Commissioner for Refugees (UNHCR), the International Organization for Migration (IOM), and other specialized agencies. Their mandates, functions, and practical contributions to ensuring legal guarantees for repatriates are examined.

A separate section of the article is dedicated to analyzing the legal mechanisms for protecting the rights of repatriates at the international level. The system of international judicial and quasi-judicial bodies that handle cases related to violations of repatriates’ rights is explored, along with an analysis of their case law and key decisions.

The article also addresses problematic aspects of international legal regulation of repatriation in the context of armed conflicts and emergencies. The application of international humanitarian law norms to the repatriation of prisoners of war and civilian populations is examined.

Particular attention is paid to the analysis of international legal mechanisms for protecting the socio-economic rights of repatriates, including the right to work, social security, education, and medical care. International standards for the recognition of repatriates’ qualifications and diplomas are also reviewed.

The conclusions emphasize the necessity for further development of international legal mechanisms for protecting repatriates’ rights, strengthening international cooperation in this field, and improving monitoring procedures to ensure compliance with international obligations by states.