Problems of legality

The Impact of the Information Society on the Legal Paradigm: on the Actualization of the Scope and Form of the Category

Ivan Feltsan — 2026-04-07

Abstract

The purpose of the article is to determine the impact of the information society on the scope and form of the category of the “legal paradigm.” To achieve this aim, the research applies a jurisprudential methodology conceptualized as the result of a discourse combining doctrinal-ideological, strategic, and instrumental components. The doctrinal-ideological basis of the study is the communicative approach. The strategic basis lies in the heuristic potential of the axiological approach. The instrumental component of the research methodology consists of general scientific and specialized methods and techniques of scientific cognition.

The article reveals the potential of the jurisprudential paradigm as an integrated complex encompassing legal education, legal science, and legal practice. A reconceptualized understanding of the jurisprudential paradigm as an updated form and scope of the category of the “legal paradigm” is proposed. In the modern world, various models exist for addressing hierarchical relationships in the system of legal education, science, and practice. The obtained research results aim to: 1) substantiate the importance of developing interdisciplinarity and integrativeness in legal scientific knowledge; 2) demonstrate the necessity of perceiving the jurisprudential paradigm as a system that includes legal science, education, and practice; 3) engage additional resources of the academic legal community in developing practical foundations for implementing interdisciplinarity and integrativeness in scientific knowledge.

Institutionalization of Delegated Legislation in Ukraine as a Requirement of European Integration

Vladyslav Katylov — 2026-04-07

The article provides a comprehensive theoretical and legal study of the institute of delegated legislation in the context of adapting the Ukrainian legal system to European Union standards. The relevance of the topic is driven by the need to find a balance between the efficiency of the executive branch and the preservation of the rule of law principle within the framework of European integration processes. The aim of the article is to substantiate the necessity of legislative consolidation of the mechanism for delegating legislative powers in Ukraine and to define the conceptual foundations of its functioning in accordance with the principles of good governance. The methodological basis of the study comprises a complex of general scientific and special legal methods. The comparative method was used to analyze models of delegated legislation in EU countries (France, Germany, the United Kingdom); the historical-legal method was applied for a retrospective analysis of national experience; the systemic-structural method allowed for determining the place of delegated acts within the hierarchy of legal sources. The study analyzes the historical retrospective of this institute's development in Ukraine, starting from the state-building processes of 1918–1920, through the Soviet period of "quasi-delegation," to the controversial experience of the Cabinet of Ministers of Ukraine issuing decrees in the early 1990s. Particular attention is paid to the modern doctrine of the Constitutional Court of Ukraine, which defined the fundamental criteria for the legality of transferring legislative powers: legality, reasonableness, subsidiarity, and mandatory control by the delegating entity. A comparative analysis was conducted on the models of delegated legislation in leading European countries (the UK, France, Germany) and the legal nature of delegated acts of the European Commission in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU). The necessity of transitioning from fragmented sub-legislative rule-making to the systemic institutionalization of delegated legislation is substantiated. The author proves that the lack of specific legislative regulation creates risks for legal certainty and may hinder the implementation of the acquis communautaire. As a result of the study, the author proposes a concept for a future Law of Ukraine "On Delegated Legislation," which should clearly distinguish between executive rule-making and legislative delegation, introduce a mechanism for "Enabling Acts," and establish a multi-level system of parliamentary and judicial oversight.

The Modern Doctrinal Definition of Militant Democracy

Mykhailo Yaremenko — 2026-04-07

The beginning of the largest war in Europe since World War II forces Ukraine to use the concept of militant democracy more actively. At the same time, the question arises of what exactly militant democracy is now and how our foreign colleagues interpret it in the 21st century. In fact, according to modern scholars, the need for militant democracy appeared again – it is as relevant now as it was at the time of its creation. However, even despite such a need for its moderate application, it should be recognized that militant democracy has changed over time and can no longer be identical to how it was perceived in the middle of the 20th century. The purpose of the article is to comprehensively reveal the concept of militant democracy from the modern perception. Achieving the outlined goal was made possible through the use of a complex of methods of scientific knowledge, in particular, content analysis (for comprehensive knowledge of scientific works of scientists of the early 21st century), the formal-logical method (to identify certain patterns, stable structures, relationships, and inconsistencies in scientific works), the comparative-legal method (by studying the experience of other countries and the positions of various scientists, to provide a comprehensive understanding that would allow the application of the works cited in the article). In the face of new challenges that force us to turn to the mechanisms offered by militant democracy, it is worth updating our vision and approach to understanding this concept, having received a comprehensive vision from foreign lawyers and scientists.

The limits of the activities of the Appeals Chamber of the NIPA in the mechanism of protection and enforcement of intellectual property rights

Serhii Vavzhenchuk — 2026-04-07

The relevance of the study lies in the fact that the article focuses on the analysis of the Appeals Chamber of the National Intellectual Property Authority's activities within the mechanism of protecting and enforcing intellectual property rights. The author draws attention to the fact that the activities of the Appeals Chamber of the NIPA are carried out at various stages and sub-stages of the mechanism for protecting and enforcing intellectual property rights. In the work, taking into account the theoretical and methodological components, attention is drawn to the fact that the mechanism for the protection and enforcement of intellectual property rights has its own components that define different groups of legal relations in which the Appeals Chamber of the NIPAparticipates. The purpose of the article is to outline the activities of the Appeals Chamber of the NIPA through the prism of the components of the mechanism for the protection and enforcement of intellectual property rights, taking into account scientific achievements and regulatory acts. In terms of methodology, the article is based on an analysis of foreign doctrine, national views, and legislation covering the doctrine of the mechanism for the protection and enforcement of intellectual property rights. The research is based on the following general and specific methods of scientific and legal cognition: formal-logical, generalisation, linguistic analysis, and comparative law. The methods presented make it possible to objectively and comprehensively outline the main features of the activities of the Appeals Chamber of the NIPA in the mechanism for protecting and defending intellectual property rights. Based on the results of the study, it was concluded that in the mechanism for protecting and defending intellectual property rights, the functioning of the Appeals Chamber of the NIPA cannot be considered in terms of the differentiation of two components: the component of preventive protection of intellectual property rights and the component of defence of intellectual property rights. This is due to the existence of stages in the mechanism for protecting and defending intellectual property rights, within which the protection and defence of intellectual property rights are implemented dynamically. This indicates the promise of further research on this topic.

Standards of Liability for Anti-Competitive Agreements: European Experience and Ukrainian Realities

Tetyana Shvydka — 2026-04-07

The relevance of the study arises from differences in standards of liability for concerted anticompetitive actions under the law of Ukraine and the law of the European Union. National practice primarily focuses on establishing coordinated conduct between undertakings. The economic context and market effects are assessed to a limited extent. The European approach requires evaluation of the nature of the restriction of competition, market structure, actual or potential effects on competition, and proportionality of sanctions. These differences affect evidentiary standards and the determination of liability. The purpose of the article is to define contemporary standards of liability for concerted anticompetitive actions based on European practice and to formulate proposals for their application in national enforcement. The research methods include comparative legal analysis, formal legal interpretation, systemic analysis, and economic and legal assessment of market effects. Decisions of competition authorities and court practice were examined. The study establishes that the European standard of liability is based on the assessment of restriction of competition in light of the economic context and the role of each participant. It is demonstrated that national practice insufficiently accounts for market effects and the individual contribution of the undertaking. The article substantiates the need for a differentiated standard of proof depending on the type of conduct, market characteristics, and degree of impact on competition. Further research should focus on developing methodologies for economic analysis and criteria for individualizing sanctions.

Conflict of Rules in Labor Law: Challenges of Recodification

Mykhailo Shumylo — 2026-04-07

The relevance of scientific research is determined by the processes of recodification of labor and civil legislation. Currently, drafts of the Labor and Civil Codes have been registered in parliament, and both drafts contain provisions that define the legal regulation of labor relations with a foreign element. Given the interdisciplinary nature of conflict-of-law rules in labor law, their place in the national legal system needs to be scientifically justified. The article describes the evolutionary path of conflict-of-law rules in general in selected European Union countries. Three stages are proposed: (1) the pre-unification period, (2) the Rome Convention (1980), (3) the Regulation (Rome I) (2008). This shows the long road to a single document that now regulates the rules for applying conflict-of-law rules in the form of Regulation (EC) No 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I). In addition, it is emphasized that in the event of a dispute, the issue of determining jurisdiction is governed by Regulation (EU) No. 1215/2012 of the European Parliament and of the Council on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. The study also focuses on the experience of some European Union countries in incorporating the rules of private international labor law into their national legislation. For example, the labor codes of Lithuania and Latvia contain separate chapters that regulate labor relations with a foreign element. The study traces the evolution of conflict-of-law rules in labor legislation and their subsequent removal from the Labor Code and transfer to a special Law of Ukraine "On International Private Law." The article presents and analyzes the provisions of the draft Labor Code, which return conflict-of-law rules in labor law to labor legislation. The article is supplemented by a novum that defines the law applicable to Ukrainian citizens working in international organizations governed by the internal law of these organizations. It also emphasizes the fact that, in addition to these provisions, the draft Labor Code implements EU Directive 96/71/EC of December 16, 1996, on the posting of workers in the framework of the provision of services, which demonstrates the comprehensive nature of the recodification of labor legislation. The conclusions emphasize the advisability of enshrining conflict-of-law rules in labor law specifically in the Labor Code, which will facilitate comprehensive recodification and ease of use.

Administrative Responsibility

Larisa Kovalenko — 2026-04-07

The relevance of the study is due to the dynamic changes in social relations, the reform of public administration and the need to integrate European standards of the rule of law into the administrative tort legislation of Ukraine. The purpose of the article is a comprehensive theoretical study of the institute of administrative responsibility as a specific type of legal responsibility that combines substantive and procedural elements. The work uses dogmatic, historical, comparative-legal and systemic methods of analysis of regulatory acts, scientific literature and judicial practice. As a result, the essence of administrative responsibility, its key functions (punitive, preventive, educational and restorative), and its public-legal nature, which is implemented through state coercion measures by authorized bodies, are revealed. The administrative offense as the main basis for liability, its features (illegality, guilt, social harm) and elements of composition (object, objective side, subject, subjective side) are analyzed in detail. Current problems of regulatory framework are identified: the conceptual obsolescence of the main codified act of 1984, fragmentation of regulation, duplication of norms in special laws and insufficient compliance of procedures for bringing to liability with the standards of the right to a fair trial. The prospects for improvement through the adoption of a new code on administrative misdemeanors, unification of norms, differentiation of penalties, introduction of alternative sanctions and strengthening of procedural guarantees of individual rights are substantiated, which will increase the efficiency of public administration and the level of citizens’ trust in the state. Prospects for further research are related to assessing the practical effectiveness of the new model of administrative responsibility after its implementation.

Implementation of the Right to Education of Persons from the Temporarily Occupied Territories of Ukraine: Administrative and Legal Challenges

Tetyana Minka — 2026-04-07

The armed aggression against Ukraine has resulted in the prolonged occupation of part of its territory and large-scale internal displacement of the population. Under these conditions, a significant number of children and young people from the temporarily occupied territories and internally displaced persons face difficulties in exercising their right to education within the Ukrainian educational system. Purpose of the study is to conduct a comprehensive analysis of the administrative and legal framework for ensuring the implementation of the right to education of internally displaced persons and citizens residing in the temporarily occupied territories of Ukraine, as well as to identify key problems and develop proposals for their resolution. The study applies the formal legal method to analyze the content of legal norms in the field of education and determine their place within the system of administrative law. The system structural method is used to examine the mechanism for implementing the right to education as an integrated system of interconnected elements. The logical legal method is applied to formulate generalizations and conclusions. The methods of analysis and synthesis are used to combine theoretical approaches with law enforcement practice and to develop proposals for improving current legislation. The study establishes that the current system of administrative and legal support for the implementation of the right to education for these categories of persons is characterized by several organizational and procedural problems. These include difficulties in access to educational procedures, insufficient flexibility in the mechanisms for recognition of learning outcomes, and uneven application of state guarantees among educational institutions. The need to improve admission procedures, mechanisms for recognizing learning outcomes, and opportunities for distance and external forms of education is substantiated. The study proposes directions for improving administrative and legal regulation aimed at increasing access to education for persons from the temporarily occupied territories and internally displaced persons.

The Impact of Restrictions on Labor Rights on the Administrative and Legal Status of Citizens under the Legal Regime of Martial Law: Topical Issues

Oleksandr Korentsov — 2026-04-07

Abstract

The topic of this research is particularly relevant in view of the limited number of comprehensive studies devoted to ensuring the rights of citizens, especially labor rights, under the legal regime of martial law. The purpose of the article is to analyze the provisions of the Law of Ukraine “On the Legal Regime of Martial Law,” the Law of Ukraine “On the Organization of Labor Relations under Martial Law,” and other regulatory legal acts of the state in terms of their impact on the administrative and legal status of citizens during the period of martial law. In the course of the research, both general scientific and special methods of scientific cognition were employed, including the axiomatic method, the dialectical method, the method of system analysis, the dogmatic method, and the formal-logical method. The study examines the application of such a measure of the martial law regime as compulsory labor service. A systematic analysis of the provisions of the Law of Ukraine “On the Organization of Labor Relations under Martial Law” was carried out, in particular regarding the issue of restrictions on the labor rights of citizens arising from the application of this Law and their compliance with the provisions of the Constitution of Ukraine as well as international legal acts ratified by Ukraine that establish fundamental human and civil rights. The study also analyzes the conditions and factors under which citizens’ labor rights may be restricted. It is concluded that the implementation of the provisions of the Law “On the Organization of Labor Relations under Martial Law,” as well as the measures introduced under the martial law regime, significantly restricts the labor rights of citizens and disrupts the balance of interests between employees and employers in favor of employers. It is further argued that the provisions of this law should be applied only with the consent of the employee. The study concludes that the freedom of will of an employee must not be violated even under the conditions of martial law. Consequently, the Law of Ukraine “On the Organization of Labor Relations under Martial Law” requires substantial amendments. In particular, it is proposed to remove from the text of the law those provisions that allow employers to undertake certain actions without the employee’s consent or that enable the coercive enforcement of employers’ orders or may compel an employee to resign.

Empirical-Triangulation Model of the Effectiveness of Judicial Practice

Sergii Vasyliev — 2026-04-07

The relevance of the study is determined by the need to develop scientifically sound approaches to assessing the effectiveness of judicial practice in the context of the transformation of the judicial system, the complication of law enforcement processes, and the growing role of empirical methods in modern jurisprudence. Formal legal and normative-dogmatic approaches do not fully reflect the real results of judicial practice, which limits the possibilities for objective analysis of its impact on legal relations and the behavior of participants in judicial proceedings. The purpose of the article is to provide a theoretical justification and empirical verification of the empirical-triangulation model of the effectiveness of judicial practice, as well as to develop comprehensive approaches to its scientific evaluation. The methodological basis of the study is a combination of analysis of judicial practice, observation, socio-legal surveys, and content analysis of court decisions, which allows for a multidimensional study of law enforcement processes and mutual verification of the results obtained. As a result of the study, the distinction between the effectiveness of justice and the effectiveness of judicial practice as interrelated but not identical legal phenomena is substantiated; judicial practice is defined as an independent object of scientific analysis; the content of its theoretical and actual effectiveness is revealed. The limitations of traditional normative-dogmatic approaches have been proven, and the expediency of systematically using empirical data to identify trends in law enforcement, typical problems, and latent dysfunctions in judicial activity has been substantiated. An empirical triangulation model of judicial practice effectiveness has been proposed as a comprehensive system of scientific knowledge that combines normative-projective, procedural-resultative, and socio-communicative empirical data and provides a comprehensive assessment of the ability of judicial practice to achieve the goals of justice. Prospects for further research are related to the testing of the proposed model for specific categories of cases, the expansion of the empirical base, and the use of the results obtained to improve judicial practice and shape judicial policy.

The problem of developing a universal definition of private military and security activities

Oleksandr Savka — 2026-04-07

The article provides a comprehensive study of the problem of the lack of a unified and generally accepted definition of private military and security activities in the system of international and national law, which negatively affects the effectiveness of legal regulation in the field of security. It analyzes the evolution of scientific approaches to understanding private military and security activities, as well as the provisions of international legal acts, regional documents, and the legislation of individual states that regulate the activities of private military and security companies. The key common and distinctive characteristics of such companies are identified, in particular with regard to the nature of the services provided, the degree of use of armed force, the level of state control, and the legal status of personnel.

Particular attention is paid to the reasons for terminological uncertainty, among which the diversity of functional models of private military and security activities, the lack of a unified international legal approach, and the political sensitivity of the issue of delegating state functions in the use of force to private entities are highlighted. The article examines the problems of distinguishing between the concepts of «private military activity», «private security activity», «mercenary activity», and «military support services», which is of fundamental importance for determining the scope of rights and obligations of the relevant entities.

The article also analyzes the legal, security, and ethical challenges associated with the activities of private military and security companies, in particular the issue of responsibility for violations of international humanitarian law and human rights, mechanisms for holding the personnel of such companies accountable, as well as issues of transparency, accountability, and democratic civilian control. It justifies the need to develop a universal definition of private military and security activities as a conceptual basis for improving national legislation, harmonizing international legal standards, and creating an effective system of international control in the field of security privatization.

The Concept, Essence, and Significance of Criminal Procedural Form

Anton Polianskyi — 2026-04-07

The relevance of the research topic is determined by the need for scientific research aimed at solving the problem of criminal procedural form, which cannot be solved without clarifying its content. The purpose of the article is to define the concept, essence, and significance of criminal procedural form on the basis of existing developments in legal science on the issue of criminal procedural form and analysis of the current state of regulatory and legal regulation of criminal procedural activity in Ukraine. Using a combination of general scientific and special legal research methods, as well as systemic and structural-functional approaches to defining the interaction of individual elements of the criminal justice system, the article analyzes the current legislation of Ukraine, the state of investigative and judicial activities, linguistic interpretation, and philosophical approaches to the perception and legal content of criminal procedural form. It is emphasized that the successful adaptation of individual provisions of Ukraine's criminal procedural legislation to the requirements of modern international standards largely depends on resolving the problem of understanding criminal procedural form. It has been established that criminal procedure reflects the content of criminal proceedings as defined by the legislator with regard to the order of criminal proceedings, which determines the structure of the proceedings, their organization, the order of each stage of the process, and procedural acts. The definition of criminal procedural form as the order of criminal proceedings established by criminal procedural legislation in general, the order of proceedings at each stage, as well as the order (procedure) for performing and formalizing individual procedural actions, adopting, formalizing, and enforcing procedural decisions is justified. The results of the study emphasize that the uniqueness of criminal procedure as a legal category is linked to its conceptual significance for the theory of criminal procedure law and the practical activities of criminal justice authorities, as it is a fundamental procedural guarantee of fair criminal proceedings and a universal means for the orderly formation and optimization of the criminal procedure system. Problems related to the improvement of both procedural norms and certain stages (phases) of criminal proceedings require priority research.

Algorithm of Actions of the Prosecution After Detecting Undeclared Assets in the Course of Investigating the Receipt of Undue Advantage

Vasyl Hudz — 2026-04-07

The detection of undeclared assets in the course of investigating the receipt of an unlawful benefit by public official poses challenges for pre-trial investigation authorities, and requires them to make certain procedural decisions. In order to outline this algorithm of appropriate actions, the article examines the legal mechanisms available to Ukrainian law enforcement agencies in such cases. It is important to stress that when investigating the receipt of unlawful benefits, it may be necessary to apply legal instruments that have been introduced into Ukrainian legislation only recently, and that might require substantial changes in the near future. The aim of this study is to examine the algorithm of actions that are applied when Ukrainian law enforcement agencies detect undeclared assets during the investigation of the receipt of unlawful benefits by an official. To achieve this objective, the study employed formal-legal, logical-legal, dialectical, descriptive, systematic and logical methods The results of the study show that in certain situations, pre-trial investigation authorities have different tactics at their disposal. These include providing evidence that an official has declared inaccurate information, gathering evidence for a lawsuit that aims at shoving that assets have not been acquired lawfully and that is geared at recovering them as state revenue, or proving illegal enrichment. It is the author’s conviction that the study also proves that current Ukrainian legislation contains provisions that allow for effectively countering violations of the law and responding appropriately to the ownership or use of undeclared property by public officials. The author is also of the opinion that further research should focus on finding ways to improve legislation through the prism of judicial and law enforcement practice that will be developed in the future. This will help to improve the legal instruments described, adapt Ukrainian legislation to the legislation of advanced democracies, and contribute to the establishment of legality and the rule of law.

Classification and Characteristics of Issues that are Considered and Resolved During the Execution of Court Decisions in Criminal Proceedings

Anastasia Vapnyarchuk — 2026-04-07

The study of issues that are considered and resolved during the execution of court decisions in criminal proceedings, and in particular the features of their classification and the characteristics of their varieties according to various criteria, is important both for the science of criminal procedure and for the practice of law enforcement. After all, a correct understanding of the legal nature of the varieties of such issues allows for the proper and effective implementation of criminal procedural activities at the stage of execution of court decisions, and therefore contributes to a faster achievement of the goal of criminal proceedings in general and the fulfillment of its tasks in particular. The purpose of the article is a critical analysis of approaches to the classification of issues that are resolved during the execution of court decisions, which take place in the domestic scientific literature, and the expression of the author's position on dividing them into varieties according to various criteria and the characteristics of individual ones. In the work, thanks to the use of a system of scientific knowledge methods, this goal was achieved. The results of the study consist in expressing support for the scientific position on the need to distinguish two stages of the stage of execution of court decisions: first, the appeal of the court decision for execution; second, consideration and resolution of issues related to the execution of court decisions. Based on the analysis of the regulatory regulation of both stages of the stage of execution of court decisions and law enforcement practice, it is concluded that the second stage is the main content of this stage. In addition, the work has classified the issues that are considered and resolved at the stage of execution of court decisions according to various criteria, and characterized the legal nature of some of them. In the study, for the first time in the domestic criminal procedural doctrine, the possibility of dividing issues according to a number of different criteria has been proposed, in particular: depending on the nature of the circumstances that determine their resolution; on the behavior of the convicted person, which determines the resolution of certain issues; on the legal nature of the issues that arise; on the presence of a direct connection with achieving the goal of punishment. The greatest research attention was paid to the classification and characterization of issues considered and resolved in the execution of court decisions, depending on the nature of the impact of judicial control activities on the court's decisions (on corrective and concretizing and the allocation of corrective and concretizing judicial control) and depending on the form of the impact of judicial control activities on the rights of persons to whom they relate (law-enforcing and law-restricting and the definition of law-enforcing and law-restricting judicial control).

The Principle of Judicial Independence in the Scope of the Practice of the Court of Justice of the European Union and the European Court of Human Rights: the Experience of Poland

Anastasiia Mits — 2026-04-07

This article examines the principle of judicial independence through the lens of the case law of the Court of Justice of the European Union and the European Court of Human Rights, using the judicial reforms in the Republic of Poland as a case study. The aim of the research is to identify and systematise the differences in the approaches adopted by the European courts in assessing violations of judicial independence, as well as to analyse the methods of legal interpretation applied in the relevant judgments. The study provides a detailed review of the texts of key judgments of the Court of Justice of the European Union and the European Court of Human Rights concerning judicial appointments, guarantees of judicial independence, institutional autonomy of judicial bodies, and the right to effective judicial protection. It demonstrates that the CJEU focuses primarily on the functional dimension of judicial independence in the context of the application of European Union law and compliance with the requirements of Article 19(1) TEU, whereas the ECtHR adopts a broader, systemic approach by assessing judicial independence as an integral element of the right to a fair trial under Article 6 of the European Convention on Human Rights. Particular attention is paid to differences in the standard of review, the depth of institutional analysis, and the role of the national constitutional context in the case law of both courts. The article argues that these divergences lead to different legal consequences for the Member State concerned and affect the effectiveness of the protection of judicial independence at the European level. It is concluded that a comparative analysis of the case law of the CJEU and the ECtHR not only allows for a deeper understanding of the nature of contemporary threats to judicial independence, but also reveals both the limits and the potential of European mechanisms for safeguarding the rule of law in the context of constitutional transformations within Member States.

Institutional mechanisms for screening foreign direct investments in EU member states

Serhii Kucheriavenko — 2026-04-07

The article is devoted to a comprehensive study of the procedure for screening foreign direct investment in the European Union and the approaches of member states to determining the institutional organisation of the body authorised to assess risks and make decisions. The relevance of the issue raised is confirmed by statistical indicators: currently, all 27 member states of the European Union have either already had a screening mechanism in place, made changes to their procedures, adopted new relevant legislation, or initiated the process of introducing screening in the future. Despite the recommended guidelines set out in Regulation (EU) 2019/452, which regulates the screening procedure at the European Union level, the specifics of the screening procedure are individual in each country and depend on a number of different factors. Accordingly, the key research question was: what institutional models of competent authorities have been formed in the European Union, how are the functions between investigation and decision-making distributed among them, and what does this mean for the implementation of common economic security objectives within national procedures? To achieve the research goal, the objectives and subject focus of foreign direct investment screening were outlined, the requirements of Regulation (EU) 2019/452 for national competent authorities and the cooperation mechanism were analysed, and criteria for classifying institutional models of national screening authorities were identified. The empirical basis of the study is the author's dataset, which reflects the institutional design of national foreign direct investment screening mechanisms in European Union member states within the meaning of Regulation (EU) 2019/452. Methodologically, the study combines comparative institutional and legal analysis with doctrinal interpretation of legal norms. The article concludes with conclusions presenting a conceptual vision of the characteristic features of institutional models for the organisation of foreign direct investment screening in European Union member states, as well as proposed guidelines that can be taken into account by legislators when developing a national screening system.

Identification without redundancy in the metaverse: balance between public interest and GDPR requirements

Daria Bulgakova — 2026-04-07

This article examines the phenomenon of the metaverse as an evolutionary stage in the development of digital conditions and its impact on personal data protection, criminal evidence, and legal liability. Attention is paid to the role of avatars as digital representations of users capable of revealing and generating biometric and inferred personal data. The limitations of traditional approaches to investigating crimes in metaverse environments, especially those focused on end-device data are analysed, and the need to shift toward environment-oriented methods of evidence collection is substantiated.

Author examines the significance of the General Data Protection Regulation (GDPR) as a substantive limitation on the gathering of criminal evidence, as well as the challenges to the principle of informed consent under the environment of platform dominance.

Based on a comparative analysis of GDPR implementation practices in the Republic of Croatia, conclusions have been drawn regarding the need to adapt legal mechanisms to new forms of digital interaction in the metaverse. This approach entails considering the specifics of automated biometric data processing, ensuring the principles of data minimization and proportionality, and integrating effective transparency and accountability procedures for businesses and technology operators in public and commercial spaces.

Collaborative Activities: Problematic Issues of Correlation Between National and International Law Norms

Iryna Kyrian — 2026-04-07

During the period of full-scale invasion, when open proceedings under Part 2 of Article 1111 of the Criminal Code of Ukraine are becoming more and more numerous, it is necessary to ensure the right to a fair trial (taking into account the norms of international humanitarian law and international human rights law) in criminal proceedings for the commission of crimes against the foundations of national security of Ukraine, which is the relevance of this study. The purpose of this scientific work is to conduct a detailed analysis of national and international legislation, their correlation, and the identification of conflicts and gaps. To achieve the goal of the study, the following methods were used: the method of analysis, which consisted in studying the current legislation of Ukraine, international humanitarian law and relevant judicial practice; the empirical method, which was used to collect and analyze statistical data on the application of Part 2 of Article 1111 of the Criminal Code of Ukraine in judicial practice, including surveys of specialists in the field of criminal justice, as well as the population that found themselves in temporarily occupied territories; comparative legal method of Ukrainian legislation and international humanitarian law. The results of the study revealed the issues of the correlation of national and international legislation. It was established that there is a gap in national law and issues in judicial practice. A survey of people from temporarily occupied territories was conducted, which helped to create public opinion on collaborative activities and legal awareness of the population. The survey of experts showed that in practice, national legislation does not clearly distinguish between the concepts of “cooperation with the enemy under duress” and “voluntary cooperation” (in the context of collaborative activities), as well as the presence of a conflict between the norms of national and international law (in the context of collaborative activities). It was revealed that due to the lack of a full interpretation of the norms and consistent judicial practice, similar cases are classified under different articles of the Criminal Code of Ukraine, which leads to violations of human rights, as well as to appeals to the European Court of Human Rights in the future.

Guaranteeing digital and information rights in Ukraine: constitutional aspects of introducing the institute of the ombudsman

Olena Karnaukh — 2026-04-07

The relevance of this study is determined by the need to improve mechanisms for the protection of digital and informational rights in Ukraine, driven by global societal digitalization and the intensification of armed aggression by the russian federation. The aim of the research is to conduct a systematic analysis of the issues surrounding the safeguarding of digital and informational rights, to substantiate the necessity of establishing the institution of the Ombudsman of the Verkhovna Rada of Ukraine for Digital and Informational Human Rights, and to develop conceptual proposals regarding its functioning. The research employs comparative-legal methods (examining national and international legislation), historical-legal analysis, formal-logical reasoning, and methods of analysis and synthesis. The study identifies gaps in the current system for protecting digital and informational rights, particularly the lack of adequate parliamentary oversight and the insufficiency of mechanisms for responding to violations, and proposes a conceptual framework for the ombudsman institution. Prospects for further research include developing mechanisms for interaction between the commissioner and other state institutions, as well as determining effective tools to evaluate the efficiency of activities in the field of digital and informational rights protection.