Problems of legality

Respect for personal autonomy in AI regulatory framework

2025-01-30T20:31:18+02:00

The legal regulation of artificial intelligence is one of the most pressing and debated topics at the national and international levels. The rapid development of artificial intelligence can significantly change the existing reality and leads to fundamentally new challenges for lawmaking and law enforcement, in particular in the field of human rights. The main purpose of the article is to determine whether the new European legal instruments on artificial intelligence (in particular, the European Union’s AI Act and the Council of Europe’s Framework Convention on AI) reflect these technological threats and protect the personal autonomy of individuals. To achieve this goal, the article reveals the essence of personal autonomy and its significance for human rights and the legal system, as well as identifies the directions of the real and potential impact of artificial intelligence on personal autonomy. The theoretical and methodological foundation of the study is Joseph Raz’s theory of personal autonomy which allows to identify the main problems and contradictions in the use of artificial intelligence and to shape proposals for responding to actual threats. Based on the idea of the fundamental role of personal autonomy, the article shows how the introduction of artificial intelligence, driven by the interests of specific actors, negatively affects the position, rights and capacities of individuals. In particular, the author identifies three directions of such influence: high-tech manipulation of people, distortion of their perception through myths and misconceptions, and formation of the appropriate online architecture and social norms. Based on the analysis of legal documents, two approaches to the regulation of artificial intelligence are identified. The first approach relegates personal autonomy to the periphery and suggests that problems should be solved through cooperation between government and business by using risk assessment tools. This should result in ready-made solutions that are offered to people. The second human-centred approach emphasises the protection of personal autonomy. However, detailed norms within this approach have not yet been created, and their development requires further theoretical elaborations. In this regard, the primary focus should be on preserving and improving the conditions of autonomy that are threatened by the misuse of artificial intelligence.

Obligatory and Property Contracts: Academic Chic or Intellectual Luxury?

2024-12-20T13:48:44+02:00

The article is devoted to clarifying the peculiarities of the model of obligatory and property contracts. The study of the legal model of property and obligatory contracts is primarily driven by the rapid reform processes of recodification of Ukraine's civil legislation. After all, the contract law of Ukraine requires the introduction of high-quality and balanced legal structures that will improve property circulation without excessive burden. The focus on obligatory and property contracts is driven by the convergence of private law in Ukraine and the EU, with Germany at the center. Consideration of this issue is impossible without reference to the contract law of Germany, since it is there that this legal model was born and polished. In order to decide whether it is expedient to introduce the model of obligatory and property contracts, first of all, it is necessary to clarify the legal nature of such contracts and the doctrinal approaches which serve as the methodological basis in this vector of scientific research. The purpose of the article is to elucidate, based on the doctrine of contract law, the peculiarities of the construction of obligatory and property contracts. In terms of methodology, the article is based on the analysis of German doctrine, national opinions and legislation covering the doctrine of obligatory and property contracts. The study is based on the following general and special methods of scientific and legal cognition: formal logical, generalization, linguistic analysis, and comparative legal method. The formal-logical method is manifested in the study of diffusions of legal regulation. The study of foreign doctrine and individual points of view of foreign lawyers regarding the understanding of obligatory and property contracts was carried out using the method of generalization and linguistic analysis. The comparative legal method made it possible to compare the approaches to the understanding of obligatory and property contracts existing in the German doctrine and in the national contract law science and to analyze the prospects for legitimizing the legal model of obligatory and property contracts in national contract law. These methods make it possible to objectively and fully outline the main features of the legal model of obligatory and property contracts contracts. According to the results of the study, legitimization of the aforementioned contractual model will require changing the structure of regulation of relations on transfer of property and fixing a closed list of property rights at the level of certain provisions of the Civil Code of Ukraine, as well as changing the model of implementation of such a remedy as invalidation of a transaction.

Civil Law Consequences of War іn the Context of Compensation for Damage to Individuals and Legal Entities

2025-04-08T10:25:43+03:00

The relevance of the study is stipulated by the further increase in the number of cases of damage to individuals and legal entities as a result of prolonged armed aggression, which necessitates a comprehensive analysis of the civil law mechanisms for its compensation. In the current conditions of war, there is an urgent need for effective instruments of legal protection of affected entities, as well as for the development of law enforcement practice for the restoration of violated property rights of both individuals and legal entities. The purpose of the study is to identify and investigate the civil law consequences of the damage caused by the war, and to analyse the means and procedures that can be used to compensate for it. The study applies a number of scientific methods: a systematic approach (to analyse the relationship between national and international law in the field of compensation for damage), a comparative legal method (to assess the practice of other states in similar conflicts), a formal legal method (to analyse regulations and court decisions), methods of analysis and synthesis (to identify key trends and formulate generalisations). The study outlines the main types of damage to be compensated, as well as the forms of civil liability that may be applied to the perpetrators of damage. The author reviews current Ukrainian legislation, court practice and the State's international obligations in the sphere of protection of victims' rights. The author identifies the problems associated with the exercise of the right to compensation, particularly the difficulty of identifying specific perpetrators, procedural barriers and lack of sufficient financial resources. Prospects for further research include the development of effective mechanisms for compensation, integration of international experience and improvement of the legal framework in order to ensure real access to justice for victims

Enforcement Proceedings Under Martial Law: Problems and Ways to Solve Them

2025-04-08T10:38:13+03:00

The purpose of the study is to analyse the legislative changes introduced in connection with martial law and assess their impact on the effectiveness of the enforcement of court decisions, as well as to identify ways to overcome the problems caused by moratoriums on collection, delays in the enforcement of court decisions, limited access to registers and difficulties in identifying debtors' property. The study was based on a comprehensive approach that combined several methods of scientific knowledge: generalization based on analysis of legislation, statistics and comparison of international experience. The study analysed the legislation of Ukraine, the USA and Germany on enforcement proceedings under martial law to identify common and distinctive features in the approaches of these countries to the regulation of enforcement proceedings under war conditions. A study of statistical data by the Ministry of Justice of Ukraine showed that the number of requests for public information to executive authorities for the period from May 2018 to 2021 increased by 170,245. Despite the fact that the number of requests for access to public information has increased, the number of open enforcement proceedings has significantly decreased, which has negatively affected the efficiency of the debt collection process. A legal analysis of foreign experience in the functioning of the system of enforcement of court decisions and decisions of other bodies has been carried out. The powers of state and private executors in the process of enforcement of decisions in countries, in particular the Federal Republic of Germany and the United States of America, have been analysed. A comparative study of enforcement proceedings in Ukraine, the USA and Germany has revealed both common features and differences in approaches to regulating this process. It has been established that all three countries recognize the need to protect the rights of debtors, especially those who have suffered from military actions or have been mobilized to defend the state. It has been revealed that Ukraine has introduced a wider list of categories of debtors subject to a moratorium on collection than the USA and Germany. The study identified the main problems of enforcement proceedings under martial law and proposed ways to solve them, in particular, improving legislation, digitalization, strengthening control, and improving the qualifications of enforcement officers.

On the Issue of Determining the Authorship of an Intellectual Product, Created with the Help of Artificial Intelligence

2025-04-08T16:00:01+03:00

The relevance of the research topic is due to the rapid growth in the number and quality of works created using artificial intelligence technologies and disputes among legal professionals regarding the determination of authorship of such works. The purpose of the article is to study the problems with determining copyright in AI-generated content and to analyse the legislation and case law on these issues. The study applies formal and logical methods, generalisation, analysis and synthesis, systemic and structural, and comparative legal methods of scientific knowledge. The author examines the issues of adaptation of the legislative framework in the field of intellectual property to modern challenges in connection with the dissemination of content created using advanced computer technologies. The mechanisms and regularities of creation of works containing computer-generated content are considered. The article analyses Ukrainian legislation and international judicial practice on determining copyright in works created by artificial intelligence. Based on the study, the author concludes that a work created by artificial intelligence can be recognised as an author even with minimal human involvement, and provides recommendations for the settlement of copyright issues related to the use of computer technology products.

Prohibition of Adoption Involving Foreigners and Stateless Persons Under Martial Law

2025-04-08T11:07:13+03:00

The relevance of the topic is due to the need to consider the issue of the peculiarities of legal protection of children's interests in the conditions of the legal regime of martial law in Ukraine and the definition of the specifics of legal regulation of public relations of adopting with a foreign element during the war. The article describes the limitations on the possibility of adoption of children by foreigners in Ukraine under martial law. It is noted that adoption is carried out, first of all, in the interests of the child to ensure stable and harmonious conditions for his/her life. The purpose of the article is to reveal the legal nature of interstate adoption by foreigners or citizens of Ukraine living outside its borders. The achievement of the outlined goal became possible due to the use of a complex of methods of scientific knowledge, in particular, philosophical, general scientific and special ones based on synthesis, analysis, induction and deduction. The article points out the need to comply with the adoption procedure and control over the living conditions of the child. The study analyzes the main tasks of the National Social Service of Ukraine as a central executive body, whose activities are directed and coordinated by the Cabinet of Ministers of Ukraine through the Ministry of Social Policy and implements state policy in the field of protecting children's rights. It was concluded that adoption of children by citizens of other countries is temporarily impossible due to the fact that the National Social Service, which manages issues of intercountry adoption and issues of permission for adoption, is temporarily not considering adoption cases. Based on the results of the conducted research, in order to avoid any future differences in law enforcement approaches, separate proposals were made for the proper regulation of the issue of conducting the adoption procedure with a foreign element under martial law in Ukraine.

The Nature Restoration Law as an Example of Implementation of the Ecosystem Approach in Environmental Law of the European Union

2025-03-25T16:28:13+02:00

The relevance of the research topic is due to the adoption of the EU Nature Restoration Law, which is recognised as one of the most ambitious legal acts of the European Union in the field of environmental protection in general and biodiversity in particular. The uniqueness of this Law lies in the fact that it is based on the ecosystem approach – a strategy for integrated management of natural resources based on the concept of an ecological system. The purpose of the study is to analyse the provisions of the EU Nature Restoration Law, the process of its adoption, the prospects for its implementation and the likely impact on the further development of national environmental legislation. To achieve this goal, the author uses a range of methods of scientific cognition, namely: dialectical, formal and legal, methods of analysis and synthesis, in particular, logical analysis, prognostic, etc. The article provides a general description of the ecosystem approach, outlines the main provisions of the EU Biodiversity Strategy, which is the basis for the EU Nature Restoration Law, and analyses its objectives, provisions, specific features of its development and adoption, as well as the prospects for implementation into Ukrainian environmental legislation. Based on the study, it is established that this Law contains a number of obligations to restore terrestrial, coastal, freshwater, marine, forest, agricultural and other ecosystems in the context of restoring all nature in the European Union. At the same time, it is proved that the practical implementation of the enshrined obligations requires clear coordination and significant efforts on the part of the EU Member States, otherwise this Law, despite its extreme importance and progressiveness, may remain only a ‘declarative agreement of intent’. The author also concludes that Ukraine, being on the path to European integration, should take into account the provisions of the Law in order to form an appropriate legal framework, but only with the mandatory and consistent implementation of the ecosystem approach in national environmental legislation.

The State of Observance of the Labor Rights of Minor Professional Athletes: Analysis of a Particular Practice of Sports Dispute Resolution

2025-04-08T15:43:47+03:00

The relevance of the research topic is due to the growing trend of involvement of underage professional athletes in top-level competitions, which creates new challenges for the observance of their labor rights. At the same time, generalization of all categories of athletes does not allow taking into account the peculiarities of the legal status of underage professional athletes who, in addition to the status of employees, have the status of a child. The purpose of the article is to determine, based on the analysis of the case law of national courts and sports dispute resolution institutions, the status of observance of labor rights of underage professional athletes. To achieve the purpose of the study, the author used the following general scientific and special methods: analysis, synthesis, comparative legal, formal logical, statistical and other methods. The results of the study demonstrate the unsatisfactory state of observance of labor rights of underage professional athletes. This is manifested in the insufficient prevalence of the judicial form of labor rights protection, and in the prioritization of labor disputes by sports dispute resolution institutions. In addition, the author highlights the peculiarities of labor disputes relating to underage professional athletes. The widespread use of doping among underage professional athletes requires that more attention be paid to the protection of their labor rights. Based on the results of the study, the author concludes that further research is needed into the forms, methods, measures and means of protection of labor rights of minor professional athletes.

The Institute of Witnesses in Criminal Proceedings: Analysis of Certain Issues of Normative Regulation and Law Enforcement Practice

2025-02-15T15:42:41+02:00

The article is devoted to the study of certain issues of the essence of the institution of witnesses in criminal proceedings. The main attention is paid to the issues of certain defects and gaps in the current Code of Criminal Procedure of Ukraine regarding the regulation of the participation of witnesses in criminal proceedings, in particular, regarding: 1) the possible identification of uninterested persons with witnesses; 2) the possibility of questioning witnesses as witnesses of procedural actions that are not investigative (search); 3) the possibility of questioning witnesses during pre-trial investigation.

Based on the analysis of the norms of the current Code of Criminal Procedure, which regulate the participation of witnesses, and domestic judicial practice regarding the use of evidence obtained with their participation, the author's opinion is expressed on a number of theoretically and practically significant issues and amendments to the current criminal procedural legislation are proposed in order to improve the law enforcement practice of involving and the evidentiary value of the participation of witnesses in criminal proceedings. Thus, in particular, the position is substantiated on the inexpediency of using the phrase "uninterested person" in the current Code of Criminal Procedure of Ukraine as a synonym for the concept of "witness" since the latter is a broader concept in its content; arguments are given in favor of the need to amend paragraph 4 of part 7 of article 223 of the Code of Criminal Procedure regarding the possibility of questioning as witnesses witnesses - participants not only in the relevant investigative (search) but also in other procedural actions, and not only during the trial, but also during the pre-trial investigation.

Trends in the Development of Digital Forensics: Challenges and Prospects for Criminal Justice Agencies

2025-03-18T15:14:02+02:00

The relevance of this study is driven by the rapid digitalization of society and the necessity for forensic science to adapt to contemporary realities. Traditional methods of collecting, examining, and utilizing evidence are becoming insufficient for addressing the challenges of modern criminal proceedings, as an increasing number of offenses leave digital traces. This article aims to analyze trends in the development of digital forensics, identify key challenges in detecting, recording, seizing, and examining digital evidence, explore the use of modern digital devices and information technologies for investigative purposes, and propose prospective directions for enhancing the work of criminal justice agencies. To achieve this goal, normative-legal analysis, comparative-legal approaches, and case study analyses were employed. The research was based on a review of contemporary scientific publications, legislative acts, and judicial practices, allowing for the identification of both positive aspects of applying modern technologies in criminal proceedings and issues related to their implementation.

The findings indicate that the use of advanced technologies significantly expands the capabilities of criminal justice agencies but simultaneously presents challenges and problems. Specifically, it was established. There is a lack of a unified terminology framework, both at the scientific and normative levels, in this context, necessitating improvements in current legislation. Challenges exist in detecting, recording, and seizing digital traces.There is an insufficiency of comprehensive scientific and practical developments regarding the use of digital forensic tools. There is a need to update and develop new methodologies for conducting forensic examinations, considering scientific and technological advancements. The qualifications of criminal justice personnel in handling digital evidence are inadequate, highlighting the importance of continuous professional development for investigators, prosecutors, detectives, and judges in collecting, utilizing, examining, and assessing digital information. Additionally, incorporating these topics into the curricula of higher legal educational institutions is essential to develop competencies in digital forensics. There is an absence of unified international standards regarding the use of digital forensic tools and legal mechanisms for cooperation among law enforcement agencies, underscoring the importance of enhancing international collaboration and experience exchange at both practical and scientific levels. The article proposes directions for addressing these issues. Future research should focus on developing unified methodological standards and normative-legal mechanisms to ensure the effective integration of digital forensics into the criminal justice system.

Current Issues of Citizenship as a Determining Factor Affecting the Administrative and Legal Status of Citizens Under the Legal Regime of Martial Law

2025-03-18T22:10:02+02:00

The relevance of the study is determined by the insufficient exploration of the essence of citizenship, its genesis, and the diverse perspectives of scholars regarding its definition. Additionally, the legal institution of citizenship significantly impacts the administrative and legal status of individuals in the state under the conditions of martial law, particularly in terms of the fulfillment of citizens; obligations during this period. The aim of this article is to analyze the provisions of the Law of Ukraine ”On Citizenship”in the context of their compliance with the Constitution of Ukraine and international legal acts, as well as their impact on the rights and obligations of citizens during martial law. Furthermore, the article highlights existing issues within national citizenship legislation and proposes solutions to address them. The study employs both special and general scientific methods of legal research, including historical, dialectical, systemic analysis, formal-logical, and dogmatic methods. A systematic analysis of the norms of the Law of Ukraine “On Citizenship” is conducted, particularly regarding their impact on the exercise of rights and the fulfillment of obligations by citizens under the legal regime of martial law. These norms are also examined in the context of their compliance with the provisions of the Constitution of Ukraine and international legal acts that establish fundamental human and civil rights. As a result of the study, a new definition of “citizenship” is proposed, which significantly differs from the definition provided in the Law of Ukraine “On Citizenship”. It is concluded that the Law of Ukraine “On Citizenship” requires substantial amendments, particularly in terms of defining “citizenship”, the principles of citizenship legislation, and the procedures for acquiring and terminating citizenship. These changes are expected to have a positive impact on the administrative and legal status of citizens, especially during martial law.

The Carceral Continuum and the Penitentiary System in Ukraine

2025-03-22T18:15:13+02:00

The penitentiary system is an integral part of the carceral continuum. It is one of its ultimate boundaries. It is there that the main tendencies in the approach to the education of a disciplined individual can be traced. Obviously that this approach has not had much success in Ukraine, as the achievements over thirty years of reforms have been very modest.

The article attempts to examine the problems, existing standards and the situation in Ukrainian prisons. To critically rethink the recommendations and identify the reasons why they are not being implemented and may not be implemented. If they cannot be implemented, what prevents this and what is the possible way forward or out of the current situation.

Methodology - this short study is based on an examination of the problems of the structural penitentiary system of Ukraine and the proposed solutions to them. The official view on these problems by the Government of Ukraine and the recommendations and reports of international organisations and the European Court of Human Rights have been taken as a basis.

The study concluded that Ukraine does not have an institutionalised carceral system and that approaches applied to such systems in other countries will not have a positive effect. Successful reform of the penitentiary system and its humanisation require a comprehensive social, political and legal effort, which must take place against a background of rethinking the place and role of prison in dealing with those who have committed crime.

Rule of law Principle in International Legal Order: Theoretical and Practical Aspects

2025-03-19T20:45:38+02:00

Revealing the essence of the rule of law in international legal order as a fundamental principle and legal ideal constitutes the relevance of this work. The article depicts the main views of legal scientists towards the problem of implementation of the rule of law as a normative principle of functioning of international legal system. The goal of the article is to reveal the essence of the rule of law in its international legal form. The dialectical method has been used throughout the research in order to outline the evolutionary character of rule of law principle’s development in international law. With the use of formal legal method the structure and character of international legal norms concerning the implementation of the rule of law into the international legal practice have been analyzed. The state of legal regulation of rule of law in universal and regional international legal orders has been evaluated. The doctrinal propositions concerning rule of law definition in international law context have been compared, practical and theoretical problems and prospects of further progressive development of international law in this sphere have been summarized. The pluralistic nature of modern international legal science in relation to the rule of law, formulation of its definition and defining its structure have been stressed. As a result of the research, major drawbacks of international legal system in the aspect of rule of law legal nature particularization have been pointed out, specifically the politicization of this principle and the surface nature of its review by the subjects of international law.

Critical Legal Rview of The Legal Dualism of Motor Vehicles as Registered Movable Objects

2025-02-21T17:48:14+02:00

Ownership rights in the Indonesian legal system are included in the civil law discourse, so property rights were also known as civil rights. However, motorized vehicles included in the registered movable objects category have a different legal status; civil legal and administrative legal statuses are also attached because they must be registered. So, there is a legal dualism between administrative ownership and factual/civil legal ownership. Departing from these legal issues, this research aims to find a concrete form of motorized vehicles' legal status as registered movable objects through critical legal theory. This research used normative research methods with a statutory approach. This research finds that the legal status of motorized vehicles as registered movable objects gives rise to legal uncertainty and injustice in the ownership rights recognition. Then, based on the framework of justice critical legal theory, this dualism reflects the bias of the legal system which tends to strengthen state dominance in regulating ownership of movable goods. This creates legal injustice for the lower middle class or rural communities. Therefore, there is an absolute need for definite legal reform, protection of the rights of motor vehicle owners, and transparency of information for upholding substantive justice.