Problems of legality http://plaw.nlu.edu.ua/ <p><strong>Founder and Publisher</strong> – Yaroslav Mudryi National Law University.</p> <p><strong>Editor-in-chief </strong>– <em>Getman Anatolii P</em>., Doctor of Legal Sciences, Professor, Academician of the National Academy of Legal Sciences of Ukraine.</p> <p><strong>Deputy Editor-in-chief</strong> – <em>Luchenko Dmytro V.,</em><strong> </strong>Doctor of Legal Sciences, Professor.</p> <p><strong>Journal was founded</strong> <strong>in 1976.</strong> Publication frequency – 4 times a year. Language of edition – Ukrainian, English. ISSN 2224-9281 (Рrint), ISSN 2414-990Х (Оnline).</p> <p><strong><span lang="EN-US">Entered into the Register of Media Entities</span></strong><span lang="EN-US"> </span><span lang="UK">–</span><span lang="EN-US"> Media ID R30-02144 </span><span lang="EN-US">(Decision of the National Council of Ukraine on Television and Radio Broadcasting No. 1611, protocol No. 29 dated 04.12.2023)</span></p> <p>By <strong>the Order </strong>of the Ministry of Education and Science of Ukraine No. 612 dated May 07, 2019, the journal "Problems of legality" was included in category "B" of the List of scientific professional publications of Ukraine, in which the results of dissertation works for obtaining scientific degrees of Doctor and Candidate (Ph.D.) in Law in specialties 081 "Law" and 293 "International Law" can be published.</p> <p><strong>Journal</strong> <strong>provided DOI</strong> (doi: 10.21564 – Digital Object Identifier) to articles from 2013.</p> <p><strong>Attribution: СС ВY 4.0</strong></p> <p><strong>Open Access Statement</strong></p> <p><strong>Contacts:</strong> Yaroslav Mudryi National Law University, Editorial and Publishing Department of Scientific Publications, <span lang="UK"> 77 </span><span lang="EN-US">Hryhoriia Skovorody</span><span lang="UK"> Str.</span>, Kharkiv, 61024, Ukraine, <span style="white-space: nowrap;">e-mail: <a href="mailto:red@nlu.edu.ua">red@nlu.edu.ua</a></span></p> <p class="p1">+38(057)757-76-16</p> <p><a href="http://journals.indexcopernicus.com/+,p24782117,3.html">Index Copernicus International</a> <a href="https://kanalregister.hkdir.no/publiseringskanaler/erihplus/periodical/info.action?id=488891">ERIH PLUS</a></p> <p><strong>Publication frequency</strong></p> <p>Journal is published four times a year.</p> <p>The deadlines for submitting papers are the following:</p> <p>– the first issue: February, 1 (posting on the site – March of the current year);</p> <p>– the second issue: May, 1 (posting on the site – June of the current year);</p> <p>– the third issue: August, 20 (posting on the site – September of the current year);</p> <p>– the fourth issue: November, 1 (posting on the site – December of the current year).</p> en-US red@nlu.edu.ua (Yevhenii Suietnov) red@nlu.edu.ua (Technical support. Zaichenko Liliia) Wed, 24 Dec 2025 11:03:56 +0200 OJS 3.2.1.2 http://blogs.law.harvard.edu/tech/rss 60 Legal mechanism for local authorities to influence the implementation of internally displaced persons’ right to housing http://plaw.nlu.edu.ua/article/view/346529 <p><em>The relevance of this research topic is determined by the worsening of issues concerning the implementation of the constitutional right to housing for internally displaced persons, in the context of the Russian Federation’s armed aggression, and the necessity to enhance the existing legal framework for implementing of Article 47(2) of the Constitution of Ukraine, at both the domestic legislative level and within local programmes implemented by local self-government bodies.</em></p> <p><em>This article aims to provide a comprehensive analysis of the mechanism for implementing the right to housing for internally displaced persons in Ukraine, based on national regulatory and legal acts, state programmes, and local programmes adopted by individual local self-government bodies. It also seeks to assess their effectiveness and formulate proposals for improvement.</em></p> <p><em>This goal was achieved by employing various scientific research methods. Specifically, the formal legal method was used to study the legal nature and existing problems of realizing the right to housing and analyse current legislation and its application; the comparative legal method was used to study the development of the legal mechanism for realizing the right to housing for internally displaced persons from 2014 to 2025 and to study local community programs aimed at providing social housing; the structural-functional method was used to analyse the role of local self-government bodies in providing social housing, identify shortcomings in the existing legal regulations, and formulate recommendations for improvement.</em></p> <p><em>The current domestic legislation aimed at regulating the right to housing for internally displaced persons, as well as the law enforcement practices involved in its implementation, have been analysed. It was found that, while the established legal mechanism creates formal opportunities to provide housing for this group, its effectiveness is significantly limited due to imperfect procedures and insufficient budgetary funding.</em></p> <p><em>The conclusions contain proposals aimed at improving domestic legislation regarding the right of internally displaced persons to social housing. These proposals seek to increase the effectiveness of local government programs and ensure that internally displaced persons are aware of the content and scope of their constitutional right to housing.</em></p> Volodymyr Bozhko, Ivan Yurko Copyright (c) 2025 Володимир Божко, Іван Юрко http://creativecommons.org/licenses/by/4.0 http://plaw.nlu.edu.ua/article/view/346529 Wed, 24 Dec 2025 00:00:00 +0200 Mediation rules as an instrument for organizing court-connected mediation http://plaw.nlu.edu.ua/article/view/341945 <p><em>The article examines the content and functions of mediation rules as a key instrument for structuring court-connected mediation. It argues that, while legislative regulation of mediation is generally framework-based—focused on fundamental principles, mediator qualifications, and guarantees of confidentiality—the mediation rules themselves play a decisive role in ensuring procedural justice, predictability, and legitimacy of the process. The study’s methodological foundation combines the concept of procedural justice with approaches from general legal theory, viewing rules as institutional mechanisms for securing due process within flexible procedures.</em></p> <p><em>The empirical basis of the research includes the UNCITRAL Mediation Rules and the mediation rules of leading institutions (ICC, WIPO, CEDR), as well as court-connected mediation rules in Italy and the United States. Comparative analysis identified common structural elements of mediation rules (initiation, appointment of mediator, confidentiality, termination, and fees) and specific features of the court-connected model—namely, a higher level of procedural detail, regulation of communication between the court and the mediator, requirements for party and representative participation, the existence of official registers of mediators and mediation centers, and an established system of reporting and quality control.</em></p> <p><em>The study demonstrates that the detailed nature of court-connected mediation rules does not constrain procedural flexibility; rather, it serves as a means of realizing their guarantee, legitimizing, coordinating, and informational functions. Such rules ensure a balance between party autonomy and procedural rigor, strengthen judicial and party confidence in mediation, and contribute to the quality and reliability of mediation services. The findings confirm the hypothesis that mediation rules within court-connected mediation possess distinctive features shaped by their alignment with procedural norms of judicial proceedings.</em></p> Nataliia Mazaraki, Larysa Neskorodgena Copyright (c) 2025 Наталія Мазаракі, Лариса Нескороджана http://creativecommons.org/licenses/by/4.0 http://plaw.nlu.edu.ua/article/view/341945 Wed, 24 Dec 2025 00:00:00 +0200 Contract Formation Using Algorithms: Old Problems and New Challenges in the Context of AI Application http://plaw.nlu.edu.ua/article/view/338051 <p><em>The article focuses on </em><em>contract formation</em> <em>using algorithms (in particular, bots, digital assistants, etc.). This </em><em>issue</em><em> has been studied in legal doctrine since the late 90s, when began </em><em>the</em><em> means of automating the process of </em><em>contract formation began to be used in</em> <em>contractual practice</em> <em>by various e-commerce entities</em> <em>for the first time</em><em>. However, today, due to the development of artificial intelligence (AI) technologies, new challenges arise in the context of the use of algorithms in contractual practice. </em><em>Since</em><em> the operation of AI-based algorithms and their results are not always fully predictable, in practice, situations may arise when a contract is concluded on different terms than those that the party that used the algorithm intended or wished to include in the contract, or when a contract is concluded, although the party did not want it to </em><em>happen</em><em>. The article analyzes the US legislative acts which, for the first time in the world, introduced regulation of the use of algorithms in contractual practice. Particular attention is paid to the analysis of the latest developments of the United Nations Commission on International Trade Law (UNCITRAL) and the European Law Institute (ELI), which have been thoroughly studying the issue of use of algorithms in contractual practice in recent years. Based on the comparative legal analysis, the author formulates recommendations for the regulation of these issues in Ukrainian legislation.</em></p> Nataliia Filatova-Bilous Copyright (c) 2025 Наталія Філатова-Білоус http://creativecommons.org/licenses/by/4.0 http://plaw.nlu.edu.ua/article/view/338051 Wed, 24 Dec 2025 00:00:00 +0200 Ensuring a Balance Between the Principle of Good Faith and Abuse of Rights in Ukrainian Court Practice http://plaw.nlu.edu.ua/article/view/341554 <p>The article reveals the peculiarities of the functioning of the principle of good faith in substantive and procedural law of Ukraine and defines the tools used in judicial practice to counteract bad faith of participants in legal relations. Good faith is revealed as one of the fundamental principles of law, which, being largely an evaluative category, has not been clearly defined in either substantive or procedural legislation. At the same time, this in no way diminishes its importance, since the principle of good faith serves as a kind of criterion for evaluating the actions of participants in legal relations (including procedural ones) and, if necessary, fills gaps in legal regulation. It is emphasized that in practice, good faith acquires legal significance through the identification of cases of abuse of rights. The author has carried out a theoretical and legal analysis of such phenomena as estoppel, the doctrine of «prohibition of contradictory behavior», and the doctrine of «inadmissibility of exercising a right to cause harm». These tools (1) allow courts to refuse to apply formal rules in cases where this breaks the causal link between the unfair conduct of one party and the negative consequences for the other; (2) serve as an effective means of ensuring good faith conduct by the parties to the proceedings, making it possible to counteract manipulation by the parties, prevent delays in proceedings, and facilitate the adoption of decisions based on an objective assessment of the evidence and the facts of the case. In the author's opinion, the application of this tool requires particular caution given the specific nature of the legal relationship in question, since qualifying a person's conduct as «abuse of rights» and applying the relevant legal instruments may upset the balance between «good faith» and «abuse», allowing for disproportionate restrictions or violations of the rights and legitimate interests of third parties.</p> Sergii Vasyliev Copyright (c) 2025 Сергій Васильєв http://creativecommons.org/licenses/by/4.0 http://plaw.nlu.edu.ua/article/view/341554 Wed, 24 Dec 2025 00:00:00 +0200 Theoretical and Methodological Framework for the Relationship Between State Sovereignty and International Legal Responsibility http://plaw.nlu.edu.ua/article/view/343551 <p><em>This scientific publication explores the theoretical and methodological foundations underlying the relationship between the interconnected concepts of state sovereignty and international responsibility. The relevance of this research stems from the need for effective regulation of states</em><em>’</em><em> international legal responsibility.</em> <em>The article aims to identify the doctrinal basis for the relationship between holding states accountable under international law for violations of the established legal order and the protective function of sovereignty, which can sometimes shield violators of international norms from legal consequences. To achieve this, the article employs a range of general scientific and specialized methods, including comparison, reductionism, dialectical analysis and synthesis, the comparative legal method, as well as formal and logical legal methods.</em> <em>The article explores the role of state responsibility within the framework of international law. It highlights that, at present, international legal scholarship maintains notably conservative approaches to regulating relations between states. As a result, the application of international legal responsibility for states encounters several challenges, especially regarding the unique interpretations of state sovereignty.</em> <em>Applying the principle of reductionism, sovereignty is viewed as the embodiment of the key qualities of legal personality. Thus, a sovereign entity’s (state’s) capacity to assume responsibility for breaches of international law is considered an expression of its sovereignty, which includes both rights and obligations.</em> <em>The doctrine of state sovereignty is shown to be dynamic, leading to its continual transformation within legal reality. This dynamism challenges the concept of "limited" sovereignty, as its proponents often disregard earlier iterations and deny the doctrine's evolution. Recognizing this opens new avenues for research, particularly in relation to how states are held accountable under international law.</em></p> Vladyslav Melnychenko Copyright (c) 2025 Владислав Мельниченко http://creativecommons.org/licenses/by/4.0 http://plaw.nlu.edu.ua/article/view/343551 Wed, 24 Dec 2025 00:00:00 +0200 The Constitution as the Fundamental Basis of the Administrative and Legal Status of Citizens under the Legal Regime of Martial Law http://plaw.nlu.edu.ua/article/view/346853 <p>The research topic is highly relevant given that Ukraine has been enduring a full-scale war unleashed by the Russian Federation for nearly four years, during which the issue of safeguarding citizens’ rights and freedoms under the legal regime of martial law has acquired particular significance. Despite the fact that the Law of Ukraine “On the Legal Regime of Martial Law” was adopted as early as 2000 (in its first version), and that martial law was introduced in the country on 24 February 2022, there is currently a lack of comprehensive scholarly research on the impact of the Constitution of Ukraine - whose provisions determine the procedure for introducing martial law and the conditions under which citizens’ rights may be restricted—on the rights and obligations of citizens, as well as on the justification of these constitutional norms. The purpose of this article is to analyse the provisions of the Constitution of Ukraine in terms of their impact on the administrative and legal status of citizens during the period of martial law. The study employs general scientific and special research methods, including the formal-logical method, the dialectical method, systems analysis, and the dogmatic method. The article provides a definition of the “administrative and legal status of citizens” and carries out a systemic analysis of the provisions of the Constitution of Ukraine. In particular, it examines the conditions for the introduction of the martial law regime and the related provisions of the Law of Ukraine “On the Legal Regime of Martial Law” concerning restrictions on citizens’ rights during martial law. Special attention is paid to the justification of these norms in the context of their compliance with international legal instruments and to the expediency of their application, taking into account the conclusions set out in the decisions of the Constitutional Court of Ukraine. The article concludes that the majority of restrictions enshrined in the measures of the martial law regime are unjustified and that, during wartime, citizens’ rights may be restricted only to a minimal extent and solely within active combat zones or in border areas adjacent to the Russian Federation. It is noted that the Constitution of Ukraine allows for the introduction of a martial law regime not only during wartime but also under conditions that do not pose a threat to the life and health of citizens, which may result in unjustified restrictions of citizens’ rights. Based on the findings of the study, it is proposed to introduce amendments to the Constitution of Ukraine that would eliminate the possibility of unjustified imposition of martial law and the introduction of restrictions on citizens’ rights in the absence of armed aggression against Ukraine, and that would permit restrictions only on those rights and freedoms explicitly specified in the text of the Constitution (rather than on those that are not subject to restriction).</p> Oleksandr Korentsov Copyright (c) 2025 Олександр Коренцов http://creativecommons.org/licenses/by/4.0 http://plaw.nlu.edu.ua/article/view/346853 Wed, 24 Dec 2025 00:00:00 +0200 Probabilistic Criminal Law http://plaw.nlu.edu.ua/article/view/342380 <p><em>This article undertakes a revision of the established doctrinal understanding of the structure of a criminal offence and its relationship to social dangerousness. Unlike civil liability, which is triggered by the fact of harm, criminal liability arises from the possibility of harm. Social dangerousness is therefore not reducible to actual damage but encompasses potentiality, risk, and probability. Criminal law thus operates as a system of risk management, where its application is an assessment of probability rather than a mere statement of fact.</em></p> <p><em>The study argues that social dangerousness is formed outside the legal construction of the offence, does not consist of its elements, and may not coincide with them in time. Consequences and causation should be treated not as elements of the offence but as general or special indicators of social dangerousness. This reconceptualization highlights the temporal gap between conduct and its legal assessment: a completed act may remain legally indifferent until consequences occur, while criminal-law evaluation often takes place post factum as a reconstruction of events. In such reconstruction, the decisive issue is the role of contingencies and whether the “event tree” of possibilities included lawful alternatives.</em></p> <p><em>Particular attention is given to the problem of intervention in probabilistic processes. Preventing criminal offences requires proactive state action, yet the presumption of innocence creates a structural dilemma for predictive law enforcement. The article proposes the methodological development of forensic forecasting as a documentary form of substantiating the probability of socially dangerous consequences. This would legitimize preventive measures without substituting criminal proceedings and would extend crime prevention beyond the accusatory-personal logic of traditional criminal law.</em></p> <p><em>The article concludes that the structure of a criminal offence should be understood as the minimal legal model of conduct, while social dangerousness is its external characteristic, constructed over time. Criminal law, in its essence, emerges as a system of risk management, where probabilistic evaluation is an inherent part of both criminal-law qualification and preventive activity.</em></p> Stanislav Sheptukhovskyi Copyright (c) 2025 Станіслав Шептуховський http://creativecommons.org/licenses/by/4.0 http://plaw.nlu.edu.ua/article/view/342380 Wed, 24 Dec 2025 00:00:00 +0200 Resolution on the Recognition of Material Evidence as a Criminal Procedural Decision http://plaw.nlu.edu.ua/article/view/343550 <p>The article is devoted to the study of certain issues of such criminal procedural decisions of investigators, detectives, inquiry officers and prosecutors as rulings on the recognition of objects that were the subject of a criminal offence (or contain traces thereof) as material evidence at the stage of pre-trial investigation. The paper analyses the current criminal procedural legislation in comparison with certain provisions of the 1960 Criminal Procedure Act and considers contemporary approaches to understanding such a criminal procedural decision as a ruling by the prosecution. It has been determined that a ruling is a criminal procedural decision made by an investigator, detective, inquiry officer, or prosecutor, which is documented on an official form, in which, through a brief summary of the facts available in the criminal proceedings, a conclusion is formulated regarding the need to carry out the actions provided for by criminal procedural law or, conversely, formulates a statement prohibiting their implementation on the basis of justification and within the limits of procedural law, which, in turn, gives rise to certain procedural links or facts, with the help of which the authorised subjects of the prosecution can obtain new factual circumstances, verify or refute those previously obtained.</p> <p>When considering the necessity of adopting this criminal procedural decision at the stage of pre-trial investigation in criminal proceedings as a ruling on the recognition of material evidence, scientific approaches were analysed and it was determined that there are two schools of thought on this issue, one of which is that it is necessary for representatives of the prosecution to draft such a ruling, while the other argues that the drafting of such a decision is unnecessary and does not meet the requirements of modern criminal procedural law.</p> <p>In addition, the study of the need to adopt a resolution on the recognition of material evidence is also based on an analysis of the current practice of national courts, in particular, individual rulings of investigating judges have been studied and a judicial approach has been identified that recognises the need for such a procedural document as a resolution on the recognition of material evidence when deciding on the seizure of property and the removal of the seizure from property.</p> <p>An analysis of ECHR decisions has also been carried out, which have developed specific standards for the appropriateness, admissibility and reliability of seizing property from individuals during pre-trial investigations.</p> Halyna Hetman Copyright (c) 2025 Галина Гетьман http://creativecommons.org/licenses/by/4.0 http://plaw.nlu.edu.ua/article/view/343550 Wed, 24 Dec 2025 00:00:00 +0200 Criminal Liability of Notaries and State Registrars for Unlawful Actions in the Field of State Registration http://plaw.nlu.edu.ua/article/view/345148 <p>The article is devoted to the problems of criminal-law qualification of unauthorized actions involving information in state registers, liability for which is provided in Article 362 of the Criminal Code, examined through the lens of judicial practice reflected in the decisions of the Unified State Register of Court Decisions. The conducted analysis reveals inconsistencies in the interpretation of the subject, object, subjective and objective elements of the offense, caused by the excessive universality of the provision, which combines combating cybercrime with the regulation of official misconduct. The study, while maintaining a purely academic character, is not aimed at criticizing the legality of court decisions or the competence of judges, but focuses on the doctrinal analysis of the norm in the context of its practical application. In our view, this makes it possible to assess the effectiveness of judicial oversight, reveal the shortcomings of current regulation, and substantiate proposals for its improvement – in particular, separating offenses against automated systems from abuse of authority, strengthening disciplinary liability, and introducing technical mechanisms of prevention. The issues considered emphasize the importance of further analyzing the effectiveness of Article 362 of the Criminal Code in its current version, its role in maintaining the rule of law, and ensuring the protection of the rights of professional actors from unjustified criminal prosecution.</p> Anton Bayda, Sofiia Usova Copyright (c) 2025 Антон Байда, Софія Усова http://creativecommons.org/licenses/by/4.0 http://plaw.nlu.edu.ua/article/view/345148 Wed, 24 Dec 2025 00:00:00 +0200 Criminological System of Ukraine: Features, Concept, Structure http://plaw.nlu.edu.ua/article/view/341776 <p><em>The relevance of the article lies in the study of a specific and underexplored systemic object in criminological science </em><em>–</em><em> the criminological system of Ukraine. The research findings are based on both empirical and theoretical levels of scientific cognition. The research methodology includes the dialectical method, the systems method, and a number of general scientific methods. The purpose of the article is to examine the essence and structure of the criminological system of Ukraine to broaden the understanding of complexity as an integral systemic attribute. The paper identifies several essential features of the criminological system of Ukraine, such as integrity, complexity, hierarchy, interaction, dynamism, complication, emergence, nonlinearity, openness, and purposiveness. It is emphasized that the feature of complexity reflects both the quantitative and qualitative parameters of the criminological system. Complexity enables the comprehension of the content and completeness of such a systemic formation. Taking into account the identified characteristic properties of the criminological system, the concept of the criminological system of Ukraine is developed in both broad and narrow senses. The structure of the criminological system of Ukraine is proposed, which consists of the following complexes (levels): criminological doctrine, criminological legislation, criminological policy, criminological worldview, criminology as an academic discipline, and criminological activity. It is substantiated that the criminological system makes it possible to expand the epistemological boundaries of the scientific interpretation of complexity, which has not only an external-system (interdisciplinary) but also an internal-system expression. The significance of the criminological system of Ukraine is highlighted for criminological science as well as for the theory and practice of crime prevention. The article also outlines promising directions for further scientific inquiry into the problem of complexity in general and the criminological system in particular.</em></p> Maxim Kolodyazhny Copyright (c) 2025 Максим Колодяжний http://creativecommons.org/licenses/by/4.0 http://plaw.nlu.edu.ua/article/view/341776 Wed, 24 Dec 2025 00:00:00 +0200 Issues of judicial economic expertise of cryptocurrencies and new financial instruments http://plaw.nlu.edu.ua/article/view/343431 <p><em>The article highlights the relevance and problematic issues of initiating judicial economic expertise of cryptocurrencies, its procedures and regulations. The novelty of the research is related to the rapid spread of modern financial products that can be used for various purposes (in particular, criminal or illegal). In general terms, the content of the main technological concepts in this field of knowledge (blockchain and cryptocurrency) is outlined, without understanding which it is impossible to formulate the basic concepts on which forensic economic expertise is based. The purpose of the study is to justify the need to establish a new subtype</em> <em>—</em> <em>forensic economic expertise of cryptocurrencies and new financial instruments, outline their main tasks and tools, and identify the obstacles that prevent the separation and formation of this type of expert research. To achieve the research objective, the main theoretical methods commonly used in this field of research were employed (formal-logical, normative, philosophical-legal, comparative-legal methods). It is emphasized that clarification and legislative regulation at the national and international levels require the determination of the legal status of cryptocurrencies and other modern financial instruments. The urgent need to develop a conceptual framework for a new field of knowledge, to define the main methodological approaches to conducting this type of research, as well as the content and features of the implementation of training programs for specialists in this field, is emphasized. The conclusions indicate that in the process of digital transformation of the economy, forensic economic examination of cryptocurrencies will become increasingly important for ensuring justice and protecting the economic interests of both the state and individual citizens.</em></p> Maksym Kyselov, Ihor Lushchyk, Kateryna Hovorova Copyright (c) 2025 Максим Кисельов, Ігор Лущик, Катерина Говорова http://creativecommons.org/licenses/by/4.0 http://plaw.nlu.edu.ua/article/view/343431 Wed, 24 Dec 2025 00:00:00 +0200 Legal and Forensic Aspects of Working with Electronic Documents Generated by Artificial Intelligence http://plaw.nlu.edu.ua/article/view/342859 <p><em>The relevance</em><em> of the research is due to the rapid development of artificial intelligence (AI) technologies and their integration into the process of creating electronic documents, which creates significant problems in the legal and forensic fields, particularly regarding the admissibility of such documents as evidence. The purpose of the article is to highlight the legal and forensic challenges associated with the attribution, probative value, and establishment of liability for electronic documents generated by AI. Methods of analysis included systemic, comparative-legal, formal-legal, and forensic methods for the study of electronic evidence. The results obtained indicate the need to develop new approaches to assessing the reliability and relevance of electronic documents created by AI, as well as the implementation of specialized forensic techniques to establish their origin and possible intervention. Particular attention is paid to attribution issues, as there is no direct liability for the actions of AI. The prospects for further research are related to the development of unified international standards for working with AI-generated evidence and the improvement of national procedural legislation. </em></p> <p><strong>Keywords:</strong> artificial intelligence, electronic document, evidence, attribution, forensics, liability.</p> Oleksandr Gabro Copyright (c) 2025 Олександр Габро http://creativecommons.org/licenses/by/4.0 http://plaw.nlu.edu.ua/article/view/342859 Wed, 24 Dec 2025 00:00:00 +0200 Political and Legal Principles of Sun Tzu’s Strategy and the Influence of Modern China http://plaw.nlu.edu.ua/article/view/344996 <p><em>Although a state's foreign policy strategy is not an official source of law, it represents a system of views on the goals and forms of a state's actions in the international arena and serves as a direct basis for the formation of legal acts and international treaties, playing a significant role in shaping the state's international legal position at international conferences and in the work of international organizations. In today's world, conflicts and contradictions are resolved not only by military force, but also by other means: soft power and information, hybrid, indirect wars, etc. China tries to avoid direct military confrontation for as long as possible, choosing indirect methods of action, and tries to use other actors to achieve its goals. Therefore, the aim of the study is to examine the historical roots of China's foreign policy strategy, its original forms, and compare them with contemporary forms. For this purpose, historical-genetic and historical-comparative research methods are used. It is assumed that China's modern methods of influence and soft power directly reach the depths of the ancient history of the "Middle Kingdom" and have a genetic connection with the ancient art of war, the military strategy developed by Sun Tzu. Using the comparative method, the relevant instructions of the treatise are compared with the practices of modern China. It is concluded that, according to Sun Tzu's concept, it is necessary to conduct active diplomacy, destroy the enemy's alliances, and break their strategy. Sun Tzu constantly emphasizes that direct military confrontation should be avoided, replacing it with indirect actions. Based on the concepts of Sun Tzu's treatise, modern China creatively develops, refines, and effectively applies them in practice. China has created a powerful system of financial, political, and diplomatic influence in the world on business circles, analytical and political centers in virtually all countries of the world.</em></p> Vitaliy Lizogub Copyright (c) 2025 Віталій Лизогуб http://creativecommons.org/licenses/by/4.0 http://plaw.nlu.edu.ua/article/view/344996 Wed, 24 Dec 2025 00:00:00 +0200 Biometric Systems and Technologies: Concepts, Types, Functions and Legal Fundamentals in EU Law http://plaw.nlu.edu.ua/article/view/342740 <p><em>The issue raised is relevant, firstly, to the growing implementation of biometric systems and technologies across various fields due to the development of artificial intelligence, and secondly, to the corresponding increase in risks and threats associated with their use. The purpose of this article is to explore the theoretical and methodological approaches to studying the use of biometric systems and technologies. It will also address the legal foundations surrounding their regulation, taking into account the provisions of the EU legislation, as well as law enforcement practices. This includes examining decisions made by the European Court of Justice, as well as supervisory authorities of EU member states regarding personal data protection. In this research, the author employed several methods: classification, to explain the existing capabilities of biometrics; comparison, to differentiate between biometric identification (determining identity) and verification (checking identity) as the key functions of biometric systems and technologies; systematization, to compile a list of the most important acts of EU legislation on biometrics, which will serve as guidelines for Ukrainian legislators; and analysis, to examine law enforcement practice. The author describes biometric technologies as a type of technology that processes biometric data for personal identification. A biometric system is defined as an information system that, by converting a person's biological characteristics into a machine-readable format and analyzing them, establishes both a link between biometric data samples, thereby facilitating personal identification</em><em>, </em><em>or a belonging of a person to a particular group. In the article, biometric systems and technologies are classified based on the type and number of biological characteristics used, the need for physical contact, and their range of applications. The results of the study reveal contradictions arising from the adoption of biometrics, as confirmed by EU law applications, particularly regarding the justification for the collection, storage, and use of fingerprints and other biometric identifiers without an individual's explicit consent. This underscores the need to improve legal regulation. The article concludes that, alongside provisions on the protection of personal data, an important role in determining the use of biometric systems and technologies is played by both legislation regarding artificial intelligence and legal support for the sectoral implementation of biometric technologies.</em></p> Andrii Hachkevych Copyright (c) 2025 Андрій Гачкевич http://creativecommons.org/licenses/by/4.0 http://plaw.nlu.edu.ua/article/view/342740 Wed, 24 Dec 2025 00:00:00 +0200 Efficiency of the rule of law compliance monitoring by the European Commission http://plaw.nlu.edu.ua/article/view/343042 <p>The relevance of this article lies in demonstration of the problematic aspects of the rule of law monitoring in the European Union by means of analysis and critics of the European Commission’s activities concerning monitoring the adherence to the rule of law value by the member states of the EU. The goal of the article is the demonstration of the results of the research thesis concerning peculiarities of the rule of law value oversight within the internal politics of the EU and acquaintance of the scientific community with the problematic aspects of practical realization of the rule of law value and some possible ways of their resolution. During the research formal legal method has been used during the analysis of the content of the report materials provided by the European Commission and Council of the European Union, as well as Court of Justice of the European Union decisions, with the help of which the genuine results of the EU institutions’ monitoring of the legal activities of the governing bodies of the member states of the EU have been established. Methods of structural and logical analysis and synthesis have been used to distinguish the contradiction between the structural elements of the EU institutions’ reports and the conclusions, provided as a result of state of the rule of law monitoring in some of the EU member states. Legal comparative method has made it possible to reveal the inconsistency in the European Commission’s approach towards the value of rule of law implementation oversight in EU member states’ legal orders by means of direct comparison of the rule of law reports contents. As a result of the research, a conclusion about the incompetence and inconsistency of the European Commission in a row of situations concerning the oversight of the value of rule of law has been drawn, and a new conceptual approach, which implies the revision of the existing approaches towards member states values adherence evaluation has been suggested. The problematic aspects and suggested approaches, that have been distinguished, are at the basis of formation of the new vision of the European Commission’s role in the EU values implementation, which can become a subject for future research.</p> Andrii Kotenko Copyright (c) 2025 Андрій Котенко http://creativecommons.org/licenses/by/4.0 http://plaw.nlu.edu.ua/article/view/343042 Wed, 24 Dec 2025 00:00:00 +0200 Philosophical and Legal Analysis of Factors in the Development of Ukraine's Legal Culture http://plaw.nlu.edu.ua/article/view/344291 <p>Research is dedicated to the philosophical-legal analysis of Ukraine's legal culture through the prism of historical development, which allows revealing the multidimensionality of this phenomenon in the context of forming national identity and legal consciousness. The relevance of the topic is determined by the necessity for deeper understanding of the value-based, moral, and legal foundations that determined the trajectory of Ukrainian society's development at various stages of its historical formation. The aim of the work is to clarify the key factors that influenced the evolution of legal culture, as well as to determine the peculiarities of its current state and development prospects under conditions of globalization and integration processes. The methodological foundation of the research consists of the historical-legal method, which enabled reproducing the sequence of stages in legal culture formation; the comparative method, which allowed comparing Ukrainian experience with legal traditions of other European states, as well as the axiological method, aimed at identifying the system of values that underlie legal norms and institutions. As a result, it was established that Ukraine's legal culture was formed under the influence of a combination of several key factors: national traditions and customary law, European legal standards borrowed during periods of active integration into Western civilization, and transformational processes related to changes in political regimes. State-building transformations played a special role, which were accompanied by reconceptualizing the role of law in society and changing its value orientations. Contemporary legal culture of Ukraine is distinguished by the combination of democratic and national values, enshrined in the Constitution and international obligations of the state, with residual elements of legal nihilism and paternalistic attitudes that are a legacy of previous historical epochs. Prospects for further research are seen in studying mechanisms for raising the level of legal culture through the education system and legal education, development of civil society institutions, as well as in the democratic evolution of the legal environment.</p> Oleksandr Piholenko Copyright (c) 2025 Олександр Піголенко http://creativecommons.org/licenses/by/4.0 http://plaw.nlu.edu.ua/article/view/344291 Wed, 24 Dec 2025 00:00:00 +0200