Problems of legality

«Democracy deficit» in the European Union: problems and possible solutions

Ivan Yakoviyk, Olesia Tragniuk — Wed, 22 Oct 2025 00:00:00 +0300

The significance of the survey is based on examining the democratic deficit in the European Union as a political and legal phenomenon that affects the trust of member states' citizens in the EU and the prospects for deepening and expanding integration. The democratic deficit is linked to the gap between the actual effectiveness of democratic institutions and public expectations. Such political distance could undermine the legitimacy of institutions of power at both the national and supranational levels. The aim of this article is to reveal the phenomenon of democratic deficit in the EU, identify its causes and consequences, and seek ways to overcome it by strengthening democratic institutions and activating civil society. The achievement of the research objectives and tasks was facilitated by the application of an approach whereby, instead of relying on a rigid taxonomy of political regimes such as democracy, authoritarianism, and totalitarianism, the concept of democratic deficit is considered in the article as reflecting different degrees of democratic governance, pointing to the shortcomings of the structure of the European Union's institutions and the procedure for their implementation in the event of a departure from the principles of freedom, equality, and solidarity. The study concluded that the pan-European model of democracy, which is based on several principles of legitimacy, inevitably generates certain contradictions between them. As a result, it is impossible to completely avoid conflict over the “democratic deficit” in the European Union, even if the founding treaties provide for certain mechanisms to ensure complementarity between the principles of legitimacy of power and minimisation of tensions between them. However, such conflicts should not automatically be considered dysfunctional or normatively undesirable. Addressing the democratic deficit in the EU requires strengthening representative institutions, accountability mechanisms, and encouraging public participation to ensure the legitimacy of EU institutions.

Implementation of the unconventional construction of “invalidity of intellectual property rights” in judicial and extrajudicial protection of rights: current status and prospects

Sergiy Vavzhenchuk, Olexandr Doroshenko — Wed, 22 Oct 2025 00:00:00 +0300

The relevance of the study lies in the fact that the article addresses the challenges of understanding the procedure for protecting intellectual property rights through an atypical method, namely, invalidating intellectual property rights. Special attention is paid to the judicial and extrajudicial procedures for protecting intellectual property rights, in which such a method of protection as invalidating intellectual property rights is implemented. The problems of implementing the construction of “invalidity of intellectual property rights” in the extrajudicial procedure for protecting intellectual property rights are outlined. Special attention is paid to the protection of intellectual property rights in the procedure for the activities of the Appellate Chamber of the National Intellectual Property Office. The purpose of the article is to outline the main problems associated with the use of such an unconventional method of protection as invalidating intellectual property rights in the judicial and extrajudicial procedure, taking into account scientific achievements and regulatory legal acts. To achieve the study's goal, the following methods were employed: formal-logical analysis, generalization, linguistic analysis, and the comparative law method. In the process of the study, the following results were obtained: the outline of the lack of proper correlation between the binding norms of the Civil Code of Ukraine and the norms of special laws in the field of intellectual property, which should, in essence, operate in a logical systemic connection, was clarified; applying the criterion of temporal characteristics and the comparative method to the limitation period and the 9-month limitation period (in the out-of-court procedure for the protection of rights), it was clarified that the latter should be considered as a special limitation period, like a special limitation period; changing the paradigm in special laws in the field of intellectual property in favor of a single regulatory approach to the division into types (general and special) of the considered limitation periods, which are aimed at limiting the temporal possibility of implementing the construction of "recognition of rights to an invention as invalid", will allow unifying both scientific positions and simplifying the practice of applying different procedures for the protection of intellectual property rights.

Problems and Prospects of the Normative Regulation of Delegated Legislation in Ukraine

Vladyslav Katylov — Wed, 22 Oct 2025 00:00:00 +0300

The article provides a comparative legal analysis of the institution of delegated legislation in France, Germany, Italy, and Poland in order to determine the prospects for its adaptation in Ukraine. Special attention is paid to the issues of constitutional regulation of delegation mechanisms, mandatory ratification of delegated acts, parliamentary and judicial control, as well as the legal regime under a state of emergency. Recommendations are proposed to improve the constitutional regulation of delegated legislation in Ukraine, taking into account EU standards. The methodological basis of this study is a synthesis of several methods, such as comparative legal, prognostic, systemic-structural, and historical-legal approaches. The theoretical and methodological foundation consists of normative legal acts of EU countries with systems of delegated legislation and the works of leading scholars in the field of constitutional and delegated law. Delegated legislation is an institution that allows executive authorities to temporarily exercise rule-making activities within the limits defined by parliament. In Ukraine, it is not directly enshrined in the Constitution but is in fact implemented through granting the Cabinet of Ministers the right to issue normative legal acts for the implementation of laws. The institution of delegated legislation is one of the key mechanisms of flexible legal regulation in countries with parliamentary-presidential and parliamentary forms of government. It implies the transfer by parliament of the right to executive bodies to issue normative legal acts that are close or equal in legal force to law, within and on the basis of special authorization. In Ukraine, this form of regulation does not have a systemic institutional framework, which creates problems with legal certainty, limits of authority, and control mechanisms. The ultimate goal of this study is to develop recommendations for the implementation of delegated legislation in Ukrainian law, as well as to provide proposals for drafting the Law of Ukraine "On Delegated Legislation". Drafting such a law would allow for defining the concept, forms, limits, and procedure of delegation; establishing the procedure for parliamentary approval of delegated acts; regulating the terms of powers and the procedure for their termination; and enshrining mechanisms of parliamentary and judicial control.

Particularities of economic law liability for unfair online advertising

Regina Vaksman — Wed, 22 Oct 2025 00:00:00 +0300

The protection of competition is one of the fundamental factors in ensuring the functioning and development of the market, as well as safeguarding consumer rights. Unfair competition, therefore, has a devastating impact not only on the national economy but also on consumers and society as a whole. One of the unlawful acts constituting unfair competition is unfair advertising. For this reason, unfair advertising is prohibited by current legislation, and individuals responsible for its dissemination must bear the liability provided by law.

Given the increasing use of the Internet for advertising purposes, the issue arises regarding the imposition of commercial legal liability for the placement of unfair advertising online. Naturally, online advertising of goods and services offers a range of benefits for businesses.

However, unfair advertising is highly detrimental to the reputation of competitors and to fair market competition as a whole. Due to its rapid spread and ability to reach a vast audience, such advertising can significantly harm consumers of goods and services. Moreover, identifying parties accountable for such advertising involves a number of legal challenges, which are analyzed by the author in this article.

Standards of Proof in Ukrainian Procedural Law: Sectoral Conditionality and New Features

Sergii Vasyliev — Wed, 22 Oct 2025 00:00:00 +0300

In the context of bringing Ukrainian legislation closer to European standards and unifying legal terminology, it is appropriate to use the term “standard of proof” as a procedural guideline that the court should follow when deciding a case. Thanks to such standards, the court is able to assess how effectively the parties have fulfilled their burden of proof and whether they have been able to convince the court of the correctness of their arguments. Taking into account the works of domestic and foreign scholars, analysis of legislation and established judicial practice, the system and content of standards of proof in civil, administrative and criminal proceedings have been analyzed. This assessment of the peculiarities of the functioning of standards of proof in the practice of the European Court of Human Rights serves as a benchmark for procedural law in terms of the application of certain standards of proof in various legal spheres. It is proposed to use the following basic types of standards of proof in national procedural law: “balance of probabilities” or “preponderance of the evidence” “beyond reasonable doubt” and “clear and convincing evidence” the rules and cases of use of which should be useful in the administration of justice. It has been established that the characteristic features of the relevant types of judicial proceedings determine the peculiarities of the application of certain standards of proof. It has been established that each of the standards of proof has its own content, which, on the one hand, provides for the presence of a set of relevant, admissible, and reliable evidence, and on the other hand, determines the level of probability of establishing the circumstances relating to the disputed legal relations; it is this level of knowledge that is a necessary prerequisite for making a well-founded procedural decision. It is emphasized that the distinction between basic and additional standards of procedural evidence is a very important element of domestic judicial proceedings, as it will contribute to the development of a uniform approach to procedural decisions and procedural actions by all subjects of evidence in various types of court proceedings, which improves the effectiveness of evidentiary activities.

Digital Currency in the System of Civil Law Objects: Cryptocurrencies, Stablecoins, Central Bank Digital Currencies

Mykyta Cherviakov — Wed, 22 Oct 2025 00:00:00 +0300

The relevance of the article lies in the proposed approach: to classify digital objects not only by legal status but also by functional features. The need for such an approach arises from legal uncertainty in Ukraine caused by the absence of a special law on virtual assets and the fragmented regulation of digital things and money. The purpose of the article is to doctrinally formulate the category of “digital currency” as an inter-category concept encompassing cryptocurrencies, stablecoins, and central bank digital currencies. Methods: formal-legal, comparative-legal, functional, and systemic approaches; analysis of national acts and draft laws of Ukraine, European Union law, and the positions of international institutions. Results: it is proven that despite their different legal nature, these objects share common features—immaterial form, technological basis, value, transferability, the ability to perform the functions of a means of payment and a store of value, and programmability. The dual nature of digital currency is substantiated, as it combines features of property and money. The distinction between central bank digital currencies and electronic money, which should not be equated, is demonstrated. It is proposed to identify stablecoins and central bank digital currencies as a separate group of civil law objects, while cryptocurrencies, due to volatility, retain the nature of property. Prospects: development of a conceptual framework for improving the civil legislation of Ukraine in line with international standards, clarification of criteria for distinguishing digital objects, and modeling their integration into the system of civil law objects.

Legal Regulation of Consumer Contracts in the EU

Alevtyna Biryukova, Hanna Kolisnykova — Wed, 22 Oct 2025 00:00:00 +0300

The article examines the peculiarities of legal regulation of consumer contracts in the European Union. Current approaches to defining consumer contracts are analyzed, with particular attention paid to identifying their essential characteristics and defining the legal status of the involved parties. General principles governing consumer protection in the European Union, including harmonization, adequate consumer information, quality and product safety compliance, and effective judicial and extrajudicial protection, are characterized. The main European Union legislative instruments that form a unified system of consumer contract regulation, notably the directives on consumer rights, unfair contractual terms, and liability for defective products, are discussed. The author provides an in-depth analysis of the criteria for assessing unfair contractual terms and outlines the consequences of recognizing them as invalid, relying extensively on the case law of the Court of Justice of the European Union. The article also addresses extrajudicial dispute resolution as an effective instrument for consumer rights protection within the EU. Furthermore, problematic aspects of EU consumer contract law associated with current challenges posed by the digital economy are identified, indicating the need for further modernization of European legislation. Prospects for further research are linked to exploring opportunities for adapting the legal experiences of the European Union in consumer contract regulation into Ukrainian national law within the context of Ukraine’s European integration.

Legal Features of Licensing Certain non-bank Financial Institutions

Hanna Shovkoplyas — Wed, 22 Oct 2025 00:00:00 +0300

The relevance of the research topic is due to the fact that the development of market relations in Ukraine stimulated the emergence and expansion of various markets, among which the markets of non-banking financial services took their rightful place. The organizational and legal forms of economic activity in these markets were constantly expanding, the volume of services provided, their types increased, and as a result, the issues of state regulation in these markets became relevant. The article is devoted to the features of licensing of certain non-bank financial institutions. At the same time, attention is paid to the licensing system of these business entities. The purpose of the article is to reveal the legal features of such a procedure of state regulation as licensing. Achieving the outlined goal was made possible by using a complex of methods of scientific knowledge, in particular, the formal-legal method (to establish the content of legal norms), the formal-logical method (to identify shortcomings in national legal regulation), the comparative-legal method (to study the experience of other countries and determine the prospects for implementing their principles of activity in the national legal field). It is studied that the licensing system in the non-bank financial services market in Ukraine has undergone significant changes aimed at increasing the transparency, reliability and stability of the financial market. The transfer of functions to the NBU ensured the centralization of the regulatory function and harmonization with international standards. At the same time, the challenges associated with the implementation of new rules require further improvement of procedures and active dialogue between the regulator and market participants. In conditions of war, Ukraine faces serious challenges that affect the state's economy. Despite this, the development of the non-banking financial sector remains an important component of the restoration and modernization of the state. Returning to a competitive economy requires effective state regulation and support of non-banking institutions - credit unions, pawnshops, financial companies, insurance companies, etc.

Conservation and Restoration of Biological Diversity in Agroecosystems: International, European and Ukrainian Experience of Legal Support

Yevhenii Suietnov, Elbis Tulina — Wed, 22 Oct 2025 00:00:00 +0300

The relevance of the study is determined by the global challenges of biodiversity loss in agroecosystems, which directly affect the resilience of food systems and the quality of human life. The aim of the article is to analyze the legal framework for the conservation and restoration of agrobiodiversity at the international, European, and national levels. To achieve this aim, a set of methods has been applied, including dialectical, formal-legal, analysis and synthesis, as well as a prognostic method for identifying prospects for the development of legal mechanisms. The results of the study show that international instruments provide universal frameworks for the protection of agrobiodiversity, European strategies and regulations integrate these issues into agricultural policy, while Ukraine is gradually forming its own legal basis, which requires further improvement, taking into account modern international and European trends. It has been demonstrated that strengthening the ecological dimension of agricultural legislation, promoting organic farming, and introducing tools for assessment and monitoring are key directions for improvement. The prospects for further research are related to the development of legal mechanisms for integrating agroecological practices, improving the system of indicators for assessing the state of agroecosystems, and enhancing international cooperation in the field of biodiversity conservation.

Environmental Pollution: Criminal Law Discourse

Oleksandr Shamsutdinov — Wed, 22 Oct 2025 00:00:00 +0300

The relevance of the topic is due to the need to increase the effectiveness of criminal law protection of the environment from pollution. The purpose of the article is to develop a scientifically sound approach to interpreting the main constructive features of the components of criminal offenses against the environment, which constitute "pollution torts". Achieving the outlined goal was made possible through the use of a complex of methods of scientific knowledge, in particular, dialectical (for studying all legal phenomena and concepts considered in the work, in the unity and contradiction of their opposites), hermeneutic (for interpreting the constructive features of the corpus delicti of land, air, water pollution), formal-logical (for determining the mechanism of unlawful encroachment), systemic-structural (for substantiating the need for holistic criminal law protection of abiotic components of the environment from pollution), comparative law (for analyzing current and prospective criminal law norms). The constructive features of the corpus delicti of “pollution torts”, the interpretation of which positions of scientists remain inconsistent, are highlighted, and an own approach is formed. It is substantiated that pollution as such is not criminally punishable until the level of such pollution becomes critical. It is proved that the indication of special rules, the violation of which caused environmental pollution, determines the definition of the subject of such torts as special. The position on the recognition of substances with which the subject pollutes the environment as instruments of committing an offense is supported. It is argued that the subjective side of “pollution torts” is characterized by a complex form of guilt or negligence. In the case of an intentional attitude to the derived consequences, it is proposed to incriminate not the “pollution tort”, but another criminal offense, the nature of the public danger of which corresponds to the direction of intent. The relevant novelties of the prospective criminal law were analyzed in comparison with the current norms, innovations were highlighted that eliminate most of the debatable issues identified during the study and deserve implementation.

Discretion of public administration: Essence and Legal Regulation

Iryna Boiko, Olha Soloviova — Wed, 22 Oct 2025 00:00:00 +0300

Scientific articles examine the essence and legal content of the discretion of public administration. It was found that discretion can take place in law-making and in political activity, as well as in the process of law enforcement – in public administration and in the administration of justice. Administrative discretion can be exercised when executive and local self-government bodies perform a number of functions, which include by-law rule-making, resolution of administrative cases, conclusion of administrative contracts, resolution of issues of public service, other cases of an internal and external organizational nature. Administrative discretion is based on the discretion of the public administration, which is associated with the process of reflection and reflection. The key elements of dissection are powers, choices and decisions, which collectively form a legally significant tool for the power influence of public administration. In the activities of the public administration, decisions can relate to the choice of various options for behavior: act (make a decision) or refrain from actions (making a decision); act (make a decision) in the form of one of the proposed alternatives; act (make a decision) guided by one's own vision, common sense and prudently, but at the same time, without going beyond the limits of the Constitution and laws of Ukraine. There are two normative legal acts in force in Ukraine, which establish provisions on discretionary powers – Methodology of anti-corruption examination and Law of Ukraine «On administrative procedure». The latter enshrines the principles that a public administration must adhere to when exercising discretionary powers. The conditions for ensuring legality are particularly significant. In addition, the bodies of executive power and local self-government must take into account the goal for the achievement of which discretionary power has been granted to them.

Curfew as a Measure of the Legal Regime of Martial Law and its Impact on the Administrative and Legal Status of Citizens During Martial Law

Oleksandr Korentsov — Wed, 22 Oct 2025 00:00:00 +0300

The relevance of the present study is conditioned by the fact that since the onset of the full-scale invasion of the Russian Federation’s armed forces into Ukraine, a curfew has been continuously in force for more than three and a half years, yet to date, there has been no comprehensive scholarly inquiry into this particular measure of the legal regime of martial law. In particular, its genesis, the grounds for its introduction under contemporary conditions—when the nature of war is fundamentally different from that of the Second World War, considering modern technological advancements—remain insufficiently explored. The article undertakes an analysis of the provisions of the Law of Ukraine No. 389-VIIIOn the Legal Regime of Martial Law (Law No. 389-VIII), which regulate measures under martial law, specifically the curfew, and which significantly affect the administrative and legal status of citizens during its enforcement. The purpose of the article is to investigate the expediency and justification of the introduction and implementation of a curfew across the entire territory of Ukraine, as well as in its individual regions, under conditions of martial law. Particular attention is paid to its application in circumstances of relative stabilization in combat zones and during the transformation of the full-scale armed aggression of the Russian Federation into a protracted war. The study examines the grounds and conditions under which a curfew is imposed during the enforcement of martial law, as well as the consequences of its application for the exercise of citizens’ rights and freedoms. A reasoned position is articulated regarding the inadmissibility of subjecting individuals to administrative liability for violating curfew regulations (as proposed by members of the Verkhovna Rada through draft legislation), given that the inalienable right to life, according to Article 27 of the Constitution of Ukraine, belongs exclusively to the individual. Therefore, even when an individual neglects their own safety, such conduct cannot constitute grounds for administrative liability. It is emphasized that the imposition of a curfew must pursue a legitimate aim, be both substantiated and temporary, and that once the situation in combat zones stabilizes, this measure of the martial law regime cannot be applied indiscriminately throughout the entire territory of the state. Otherwise, it results in unjustified restrictions on the rights and freedoms of all citizens. It is argued that curfews should be enforced only in cities and settlements located within combat zones, specifically within a fifty-kilometer radius of the line of military confrontation and along the border with the Russian Federation. The article concludes that Law No. 389-VIII and subordinate normative legal acts require substantial amendments, particularly with respect to the grounds for declaring martial law, as well as the introduction, implementation, and cancellation of its measures, including curfews.

The legal nature of judicial activity in the execution of court decisions in criminal proceedings

Anastasiia Vapniarchuk — Wed, 22 Oct 2025 00:00:00 +0300

The relevance of the research topic is due to the need to study the legal nature of judicial activity in the execution of court decisions in criminal proceedings, which is important both for the theory of criminal proceedings and for the practice of law enforcement. After all, whether it belongs to the activity of administering justice or not depends on the possibility of extending to it both the general legal standards of justice in general and the determination of the decision-making procedure in their execution in particular.

The purpose of the article is to clarify the essence of judicial activity in the execution of court decisions in criminal proceedings and to express the author's position on this issue.

The work, using various methods of scientific knowledge, proves the relevance of the research topic and expresses the author's understanding of the solution of a number of issues related to the subject of the study.

Thus, the results of the research consist, in particular, in determining the system of criteria for attributing a certain type of judicial activity to justice and, based on their critical analysis in relation to judicial activity in the execution of court decisions in criminal proceedings, concluding that it corresponds to them, and therefore is it. In addition, based on a comparison of the inherent features of judicial control and the criteria for attributing a certain type of judicial activity to the activity of administering justice, the position is expressed that the exercise of judicial control is not an activity distinct from the activity of administering justice, judicial control activity is a substantive part of justice, its element (type), a separate form of its implementation. Such an understanding fully applies to judicial activity in the execution of court decisions in criminal proceedings, because it, by its essence and nature, is the implementation of justice in the form of judicial control over the execution of court decisions.

Thus, on the basis of the conducted research, the author's opinion is expressed on a number of theoretically and practically significant issues related to understanding the essence of judicial activity in the execution of court decisions in criminal proceedings.

Criminalistic Characteristics of Evasion of Taxes, Fees (Mandatory Payments

Viktor Shliakhta — Wed, 22 Oct 2025 00:00:00 +0300

The study of the скшьштфдшіешс characteristics of criminal offenses in the modern period indicates different approaches to its definition and structure. Although the place in the structure of the methodics for investigating criminal offenses has been established in previous studies, and the importance is beyond doubt. That is why this article includes the problem of the formation and role of the criminalistic characteristics in relation to the organization of tax fees (mandatory payments) evasion. A separate direction in this article was the establishment of the structure of the criminalistic characteristics on the example of tax, fees (mandatory payments) evasion. During this study, the author tried to provide an author’s definition of the criminalistic characteristics, identifying and including its mandatory features. In addition, having analyzed the existing approaches in the structure of the criminalistic characteristics of individual criminal offenses, the author pointed out the presence of mandatory and additional elements of such characteristics. In this regard, the author proposed his own vision of the structure of the criminalistic characteristics of tax, fees (mandatory payments) evasion as a criminal offense in the field of economic activity.

Limits of the International Legal Responsibility of the UN Secretary-General in the Context of His Statutory and Implied Powers

Yuri Shchokin — Wed, 22 Oct 2025 00:00:00 +0300

The relevance of the study is determined, firstly, by numerous examples from the practice of modern international relations related to attempts to hold the Secretary-General of the United Nations accountable by states dissatisfied with his political activities; and, secondly, by the lack of fundamental scientific works devoted to this issue. The article examines the international legal framework of the Secretary-General's powers, within which he can implement his policy both on managing the staff of the Secretariat and on representing the UN in the international arena. The focus of the article is the study of his powers based on: a) the UN Charter and other its normative legal acts, and b) international law customs formed over the years of the UN's activity in the person of its Secretary-General as the chief administrative official. The article establishes that such customs, in particular, include the rules governing the preventive diplomacy of the Secretary-General and his participation in the settlement of international disputes and conflicts. This article also examines the provisions of the draft articles on the responsibility of international organizations developed by the UN International Law Commission and taken into account by the UN General Assembly in 2011 (UNGA Resolution 66/100 "Responsibility of International Organizations" of 9 December 2011). The general conclusions reached by the author are that, firstly, the international legal responsibility of the Secretary-General is inseparable from the international legal responsibility of the UN as a whole; and secondly, contemporary international law has a sufficient normative basis for the settlement of disputes between the UN and states dissatisfied with its policies in connection with the activities of its Secretary-General.

Features of the Functioning of Jus Cogens Norms in Time of Armed Aggression

Vladyslav Melnychenko — Wed, 22 Oct 2025 00:00:00 +0300

The article is dedicated to the study of the legal nature of jus cogens norms. The relevance of the topic is stipulated by the need to ensure compliance with the general international law peremptory norms, which is a prerequisite for ensuring stable and reliable functioning of the international security system. The article emphasizes the special status of these norms. The purpose of the article is to identify and study the cases of functioning of general international law peremptory norms in a special regime. The achievement of this goal was made possible by applying a comprehensive approach which forms the methodological basis of the study. In the article a number of general scientific and special research methods are used, in particular: comparison, dialectical analysis and synthesis, comparative legal method, formal legal method, logical legal method. The author examines the features of certain jus cogens norms under the normal functioning of the international security system and in time of serious threats – in the context of an act of armed aggression. The author confirms that under the normal functioning of the international security system, compliance with jus cogens norms is an unconditional obligation of each State. It is established that within the framework of international law there are signs of the existence of a special regime in which certain jus cogens norms operate. It is found that when exercising the right to self-defence in the context of armed aggression, the protective effect of certain general international law peremptory norms against the aggressor State temporarily ceases to be effective, giving the affected State the right to legitimately use force and violate the territorial integrity of the aggressor, but only within the external aspect of the territorial integrity of the State – territorial inviolability. Furthermore, the author suggests that within the framework of exercising the right to self-defence, the victim has the right to take enforcement measures which formally contain signs of interference in the internal affairs of the aggressor. In addition, the author puts forward the idea that the existence of a special regime for the operation of certain peremptory norms of general international law is evidence of the possibility of its extension to legal relations of international legal responsibility, which outlines the prospects for further research.

Mass Communication Tools Influence on Legal Consciousness in Modern Individuals: Key Features

Oleksii Bazayev — Wed, 22 Oct 2025 00:00:00 +0300

The article is devoted to a comprehensive analysis of the features of the influence of mass media on the legal consciousness of modern man. The relevance of the study is due to the acceleration and scaling of the influence of mass media on the formation of public and individual legal consciousness in the conditions of the information society. Mass communication tools are increasingly acting as leading agents of the socialization of the individual and his involvement in the legal discourse. It is the daily connection of a person with mass media that creates the need for a systematic study of theories and mechanisms of their functioning. The purpose of the study is a comprehensive philosophical and legal analysis of the features of the influence of mass media on the legal consciousness of modern man and the determination of key patterns and consequences of this process. To achieve this goal, a set of methods of scientific knowledge was applied: interdisciplinary, systemic, comparative and structural-functional. As a result of the study, the distinction between the concepts of «mass media» and «mass communication tools» in modern scientific discourse was established, which reflects the transition to dialogical and interactive communication in the information society. Key theories and concepts that reveal the mechanisms of influence of mass media on the legal consciousness of modern man were considered. The ambivalent nature of the influence of mass media was recognized, which can both contribute to the formation of legal culture and critical thinking, and be a tool for manipulation, dehumanization, the basis for the formation of deviant behavior and other manifestations of a deformed legal consciousness. The vectors of the influence of mass media on the process of forming a person's legal consciousness were determined. The conclusions indicate that the influence of mass media is multi-vector in nature and occurs at different levels - psychological, cognitive, emotional-value, socio-political and cultural. Mass media increasingly determine the contours of the legal culture of society, and therefore, the formation of effective strategies to combat manipulative practices and the development of the ethical, legal and information culture of the population should become a key condition for maintaining the constructive influence of the media and strengthening the legal consciousness of modern people.

Transition and Harmonization of the Provisions on Hypotheek and Credietverband regarding the Recognition and Adjustment of the Transitional Provisions of Security Rights

Wed, 22 Oct 2025 00:00:00 +0300

This study explores the legal recognition and transition of property security systems from the Dutch colonial instruments Hypotheek and Credietverband to the national system of Security Rights as regulated under Law No. 4 of 1996 concerning Mortgage Rights. Using a normative juridical approach, the research reveals that legal acknowledgment of the legacy systems is still maintained under Article 57 of the Basic Agrarian Law (UUPA) and Article 24 of the Law on Mortgage Rights (UUHT). However, the absence of a clear and systematic conversion mechanism has created disharmony within the legal system, especially regarding land registration and enforcement practices. This has led to legal uncertainty, particularly in banking and credit sectors where the execution of collateral is essential. The Supreme Court Decision No. 1947 K/Pdt/2010 serves as a case study highlighting the legal ambiguity and operational challenges that arise from this transitional gap. To ensure legal certainty and economic stability, this study recommends legal harmonization through technical regulations, digital archiving of historical security documents, and capacity building for legal institutions and stakeholders.