Problems of legality

Before feeding evil, that punishment for “Pravda Ruska”

Viktor Yermolaev — Wed, 09 Jul 2025 00:00:00 +0300

Relevance of the research topic: The criminal law of modern Ukraine has its origins in customary law and princely legislation, and in the judicial practice of the times of Kyivan Rus. In Yaroslav the Wise's Pravda Ruska, these sources of law allowed the legislator to formulate the definition of crime and punishment in the first national legal code. The purpose of the article is to reveal the correlation between crime and punishment in the times of the ‘Pravda Russkaya’ and the criminal legislation of modern Ukraine. Familiarity with the provisions of the ‘Pravda Russkaya’ allows us to conclude that it knew and actually operated with the legal features that define behaviour as a crime, and the totality of which gives the concept of corpus delicti. The achievement of this goal was made possible through the use of a set of methods of scientific cognition, in particular, dialectical (for comprehensive knowledge and the main types of crime and punishment), formal legal (to establish the content of legal provisions and analyse the practice of their application), comparative legal (to study the correlation between the law of Kievan Rus and modern domestic legislation. The author also analyses the correlation between the concepts of the death penalty as a punishment under the Rus' Pravda and blood revenge as a custom of the primitive system. Based on the results of the study, the author concludes that Yaroslav the Wise's Rus' Pravda makes the first step towards the legislative implementation of the rule of law, effective protection of individual and collective interests of people, and regulation of social processes in our modern state.

“Smile to Vote": Is the use of artificial intelligence in elections credible?

Kateryna Pavshuk — Wed, 09 Jul 2025 00:00:00 +0300

The article is devoted to the study of the main challenges, real fears and existing consequences of artificial intelligence interference in the implementation of e-governance and elections both in Ukraine and abroad. Given the global nature and universality of the problem, the main vectors of influence of artificial intelligence functions on digital electoral procedures were considered. Among these vectors, the author distinguishes technical and perceptual influences on the course of the electoral process. A number of cases from the electoral practice of Europe and the USA are presented and analysed. It is determined that for the further improvement and development of electronic voting, the technical side of artificial intelligence capabilities can have a positive impact, while at the same time, at the perceptual level, i.e. at the level of perception, artificial intelligence often develops into an uncontrollable force and can lead to the destruction of established democratic electoral principles through manipulation and misinformation. The article examines legal and non-legal ways to combat the negative effects of artificial intelligence in various areas and outlines gaps and challenges for the national practice of regulating the functions of artificial intelligence and neural networks. The author concludes that it is important to introduce effective tools to prevent the excessive and harmful use of artificial intelligence, without losing sight of the traditionally important principles of electoral law.

The Resale Right to Original Works of Art in accordance with the Legislation of the European Union

Valentyna Trotska — Wed, 09 Jul 2025 00:00:00 +0300

The relevance of the research topic is due to the need to study the norms of EU legislation providing for the protection of the rights of authors of works of art. Such a research is necessary and timely given the European integration vector of the further improvement of the copyright legislation in Ukraine. The purpose of the article is to study the current state of protection of authors' rights to works of art under EU law, and to highlight the issues of its application in practice. The study applies general scientific (historical, logical, systemic) and legal (comparative legal, logical and legal) methods of scientific knowledge. The article analyses the issues of the harmonisation and unification of the legislation of the EU Member States in accordance with Directive 2001/84/EC on the resale right for the benefit of the author of an original work of art. The author notes the problematic issues arising in the practice in connection with the cross-border resale of an original work of art. Based on the study, the author concludes that the adoption of the EU Directive has ensured an appropriate and effective level of legal protection of authors' rights in terms of granting them the right to receive fair remuneration for the resale of works. However, it was not possible to achieve full unification of the legislation of the EU Member States. It is proved that there is an imbalance in the protection of authors' rights in the resale of an original work of art in the world. It is substantiated that there is a need to address the issue of overcoming cross-border restrictions, in particular, by the adopting an international treaty on the resale right.

Preserving National Interest in the Integration Process

Iuliia Ostapenko — Wed, 09 Jul 2025 00:00:00 +0300

The article examines the essence and significance of national interests. It is substantiated that in today's realities for Ukraine these are the interests of the survival of the people, because it is about preserving territorial integrity, people's lives, and compensating for losses (damages) that cannot be avoided, even using all the potential at the disposal of the state, including the Armed Forces. Thanks to the use of a comprehensive scientific approach, which involves the application of systemic, comparative legal, formal legal methods, as well as methods of analysis and generalization, that is, general scientific and special methods of analysis, such a complex category has been comprehensively studied, covering different levels of legal interaction - from the coordination of private and public interests to mechanisms for protecting and ensuring the satisfaction of the common - national. It was emphasized that the ways and means of satisfying, preserving and protecting national interests for our state at the current stage of development are: developing a balanced policy (economic, financial, educational, security, etc.), establishing close cooperation with European countries, the USA, Great Britain, etc., upholding the territorial integrity and sovereignty of the state, increasing the well-being of the population, their faith in the future, promoting and supporting the promotion of domestic products on world markets. In addition, it was indicated that it is worth developing a clear plan of actions, the implementation of which will contribute to increasing the interest of young people in work in Ukraine.

Signature Cannot Be Vetoed: New Law in the Field of Compulsory Alienation of Private Land under Martial Law

Yevhenii Suietnov — Wed, 09 Jul 2025 00:00:00 +0300

The relevance of the research topic is due to the adoption on 25.03.2025 of the Law of Ukraine ‘On Amendments to Certain Legislative Acts of Ukraine on the Use of Land Plots for the Development of Digital Infrastructure’, which is currently being sent to the President of Ukraine for signature and which establishes a special procedure for the expropriation of private property land under martial law. The purpose of the study is to analyse the provisions of the said Law, the process of its adoption and the prospects for its implementation. To achieve this goal, the author uses a range of methods of scientific cognition, namely: dialectical, formal and legal, methods of analysis and synthesis, in particular, logical analysis, prognostic, etc. The article outlines the fundamental principles and the current legal framework for the expropriation of private land, both for reasons of public necessity and under martial law, and also analyses the novelties proposed by the said Law, and, first of all, Article 141 ‘Specifics of expropriation of private land’. 141 ‘Peculiarities of Compulsory Alienation of Land Plots and Other Real Estate for Reasons of Public Necessity under Martial Law for the Placement of Defence Industry Facilities and Infrastructure Objects in Uzhhorod District of Zakarpattia Region’, which should be supplemented by the Law of Ukraine ‘On Transfer, Compulsory Alienation or Seizure of Property under the Legal Regime of Martial Law or State of Emergency’. It is concluded that the social relations regulated by this article should essentially fall under the Law of Ukraine ‘On Alienation of Land Plots and Other Privately Owned Real Estate Located Thereon for Public Needs or for Motives of Public Necessity’, which provides for more thorough protection of the rights of private owners, while otherwise land plot owners may be deprived of important guarantees.

Current State of Legal Protection of Migratory Wild Animal Species in Ukraine: Challenges and Prospects

Yehor Kononenko — Wed, 09 Jul 2025 00:00:00 +0300

Russia’s full-scale armed aggression against Ukraine has severely degraded the habitats of wild migratory species and disrupted their traditional flyways, which form a key component of the European ecological network. These new challenges have simultaneously exposed gaps in domestic legislation and revealed the inability of existing financial instruments to respond rapidly to ecological crises. Objective. The article evaluates the current state of legal protection for migratory wildlife in Ukraine, identifies the main shortcomings and offers a set of integrated solutions aligned with the country’s EU-integration commitments. Methods. The study relies on in-depth content analysis of ratified international treaties, current Ukrainian statutes, the 2022 governmental damage-assessment guidelines and a curated set of recent academic publications; comparative-legal, systems and case-study approaches are applied, with special focus on war-impacted Ramsar sites in the Black Sea–Azov region. Results. Military operations have destroyed or polluted more than 1.2 million ha of protected areas, while existing damage-assessment methods ignore losses of the ecosystem service “migration support.” Law of Ukraine “On the Animal World” merely proclaims corridor protection without recovery procedures; the 2030 Environmental Strategy remains unfunded; neither a legal status for “migration corridor” nor an Ecosystem-Services Act exists, preventing monetisation of losses and their compensation through reparations. Conclusions. Three priority avenues for improvement are proposed: (1) developing and implementing a valuation method for the ecosystem service of migration support; (2) legally anchoring corridors within the protected-area system under a dedicated protection regime; and (3) establishing a Corridor Recovery Fund to channel war reparations and ecosystem-service payments, thereby creating a sustainable financial mechanism for post-war restoration of migration routes.

Some Aspects of Ensuring the Right to a Fair Trial in the Resolution of Disputes Arising from Public Service Relations

Iryna Balakarieva, Olena Marchenko — Wed, 09 Jul 2025 00:00:00 +0300

The focus is placed on specific aspects of ensuring the right to a fair trial in the resolution of disputes arising from public service relations.

The objective of this study is to identify the peculiarities of resolving public service-related disputes, which are influenced by the form of administrative proceedings applied by the courts, and to determine whether such peculiarities may lead to violations of the guarantees of the right to a fair trial, particularly the guarantee of a public hearing.

Based on an analysis of the provisions of the Code of Administrative Proceedings, it is concluded that courts tend to prefer the rules of simplified claim proceedings when adjudicating public service disputes (except in cases where, considering other factors, the application of general claim proceedings would enable the court to more effectively fulfill the objectives of administrative justice). In simplified proceedings, the preferred procedural form for deciding the case on the merits is written proceedings, which do not involve a court hearing (oral hearing). In certain cases, such a form of adjudication may result in the disregard of some guarantees of a fair trial, particularly the guarantee of a public hearing.

The relevance of this research stems from the fact that administrative courts frequently apply simplified claim proceedings in such disputes, within which written adjudication is prioritized. This, in turn, may lead to limitations in the realization of one of the key guarantees of a fair trial — the public nature of court proceedings. In the context of European standards of justice, as enshrined in the Convention for the Protection of Human Rights and Fundamental Freedoms and the case law of the European Court of Human Rights, this situation requires thorough analysis.

The study aims to identify the specific features of applying forms of administrative proceedings in public service cases and to assess their impact on compliance with the guarantees of public hearings. The methodological basis of the research is the dialectical method, which enabled a comprehensive analysis of the issues related to determining the form of administrative proceedings in public service cases and the potential impact of such a choice on the realization of the right to a fair trial. The formal-legal method was used to determine the content of the legal norms of the Code of Administrative Proceedings and the Convention for the Protection of Human Rights and Fundamental Freedoms, and to analyze their application in the case law of the European Court of Human Rights and Ukrainian courts. The formal-logical method served as a basis for identifying shortcomings in national legal regulation and for seeking ways to overcome them. The comparative legal method allowed for a comparison of approaches to ensuring the publicity of court proceedings, as established in European standards of justice, in cases adjudicated under simplified claim proceedings. The case study method was applied due to the specificity of the chosen topic, which involves the examination of real court cases — disputes arising from public service relations and adjudicated by administrative courts in Ukraine.

Legal Regulation of Children's Sports: The Experience of Ukraine, Norway, Japan, Estonia, and the Republic of Azerbaijan

Andrii Ponomarov — Wed, 09 Jul 2025 00:00:00 +0300

The article is devoted to the analysis of the legal regulation of children's sports in Ukraine, Norway, Japan, Estonia, and the Republic of Azerbaijan. The study examines legal acts that define the legal status of children in sports, principles of regulation, and the specifics of state policy in this field. The research employs methods of comparative legal analysis, a functional-structural approach, and legal norm analysis. It is revealed that Ukraine's regulatory framework has a technocratic character and requires further development, including the formation of a unified national sports doctrine that would contribute to the creation of an effective system of legal regulation in the sphere of children's sports. A comparative analysis of administrative and legal regulation in Norway and Japan reveals significant differences in their approaches: Norway focuses on mass participation and the development of children’s sports through enjoyment, while Japan emphasizes competitive results and the training of high-performance athletes. The analysis of Estonian and Azerbaijani legislation allows the identification of developmental trends in children's sports in post-Soviet countries. A strategic approach has been developed for further research into the administrative and legal regulation of children's sports in Ukraine and the application of international experience.

Standards of the Validity of Criminal Procedural Decisions in Criminal Proceedings

Halyna Hetman — Wed, 09 Jul 2025 00:00:00 +0300

The article is devoted to determining the standards of reasonableness of decisions in criminal proceedings. Research into the issues of making lawful and reasonable decisions as acts of application of law in criminal procedure at the national level dates back to the 60s of the last century. However, the issues of legality and validity of such decisions by the subjects authorised by the State continue to be the subject of debate among scholars and practitioners, despite a significant number of studies in this area and scientific research in defining the content of such a concept as ‘justification’. It is appropriate to state that despite the large number of studies conducted and the high quality of the developed recommendations, in practice there are problems with making criminal procedural decisions and their justification in the form of procedural documents, misinterpretation of national legislation, low awareness of the decisions of the European Court of Human Rights (hereinafter - ECHR), which are manifested in the refusal of investigating judges to satisfy motions for the application of measures to ensure criminal proceedings, detention of persons, and other issues. This, in turn, leads to an appeal against such activities of the State representatives to the ECHR if such actions of the State violate the rights guaranteed by Articles 3 and 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

The article also analyses the ECHR judgments which set out the standard of reasonableness of decisions during detention of a person, which must be observed by the relevant subjects of criminal proceedings authorised to perform such procedural actions. However, the number of applications received annually by the European Court of Human Rights regarding violations of Articles 3 and 5 of the Convention gives grounds to assert that the participating States, represented by the relevant authorised bodies, do not comply with the developed standards of reasonableness of decisions and are proportionally illegal, which in turn leads to violations of human rights and freedoms. Although, as is well known, the judgments of the European Court of Human Rights are binding.

In order to carry out a proper review of the ECHR case-law on the reasonableness of decisions in criminal proceedings, we have analysed the content of a criminal procedural decision in general under the current criminal procedural legislation of Ukraine, identified its types, features and highlighted the ECHR standards which must be taken into account when reasoning a criminal procedural decision.

The Duty to Defend the Homeland and Perform Military Service as Defining Components of the Administrative and Legal Status of Citizens under the Legal Regime of Martial Law

Oleksandr Korentsov — Wed, 09 Jul 2025 00:00:00 +0300

The relevance of this study stems from the fact that Ukraine has been engaged in an armed conflict with the Russian Federation for over eleven years. Despite this, insufficient scholarly attention has been given to the essence and genesis of military duty and military service, the various academic approaches to defining military service, and the impact of the duty to defend the Homeland and perform military service on the administrative and legal status of individuals, particularly under the legal regime of martial law. The purpose of the article is to analyze the provisions of the Law of Ukraine “On Military Duty and Military Service” in terms of their compliance with the Constitution of Ukraine and international legal instruments that establish fundamental human rights and

freedoms. The article also examines how these provisions affect the obligations of

citizens during martial law, highlights current issues within Ukrainian legislation

regulating legal relations during martial law, and proposes possible solutions to

address these challenges. The research applies general scientific and specialized methods of legal analysis, including the dialectical, historical, formal-logical, dogmatic methods, and systems analysis. As a result of the study, a new definition of “military service” is proposed, which significantly differs from the definition provided in the Law of Ukraine “On Military Duty and Military Service” and from those offered by other scholars. The proposed definition emphasizes that military service is special form of public service aimed at the defense of Ukraine, involving the use of all types of weapons and military equipment, thereby posing inherent risks to the life and health of military personnel.

The article concludes that the Law of Ukraine “On Military Duty and Military Service”, adopted in the post-Soviet period (1992), has not been sufficiently revised following the adoption of the Constitution of Ukraine. As a result, it does not fully align with constitutional provisions or reflect current realities. The law requires substantial amendments, particularly with regard to the definition of “military service”, the procedures and components of military service, the system of staffing the Armed Forces of Ukraine, conscription procedures, fixed-term (alternative or basic) military service, and pre-service training. These reforms are expected to positively influence the administrative and legal status of citizens, especially during martial law.

Keywords: duty to defend the Homeland, military duty, military service,

fixed-term military service, basic military service, alternative service, conscripts,

military personnel.

European Convention on Human Rights and the Legal Positions of the European Court on Human Rights as a Part of the Economic Law of Ukraine

Yuri Shchokin, Olena Shchokina — Wed, 09 Jul 2025 00:00:00 +0300

The relevance of the study is due to the lack of unified methodological principles for the use of the 1950 European Convention on Human Rights, the protocols thereto (Convention) and the relevant case-law (legal positions) of the European Court of Human Rights (Court) in the main branches of national law of Ukraine, which would clearly take into account the special international legal nature of the Convention and the legal positions of the Court as the only source of law. The purpose of this article is to determine the impact of the Convention and the legal positions of the Court on the regulation of internal economic relations in Ukraine and to clarify their place among other sources of Ukrainian economic law. The methodological basis of the study is a combination of general philosophical, special scientific and legal methods, which allows for a comprehensive analysis of the definition of the Convention and the legal positions of the Court as a source of economic law in Ukraine. In particular, the following research methods were used in the article: dialectical, formal-logical, analysis and synthesis, systemic-structural, comparative-legal and logical-legal. The article explores the issues of the autonomy of the Convention and the case-law (legal positions) of the Court in the legal system of Ukraine; the general legal principles of the application of the Convention and the case-law (legal positions) of the Court in the domestic law of Ukraine and the experience of specialists from various branches of national law of Ukraine in the application of the Convention and the legal positions of the Court; the importance of taking into account the international legal nature of the Convention and the legal positions of the Court for their correct application in the domestic law of Ukraine; determining the place of the Convention and the legal positions of the Court in the system of sources of economic law of Ukraine. An analysis of the economic legislation of Ukraine and the instructions provided to the economic courts of Ukraine by the Supreme Economic Court of Ukraine in the Information Letter “On the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, the Jurisdiction and Case-Law of the European Court of Human Rights” No. 01-06/1444/16 dated 04/22/2016 was conducted. Conclusions are drawn and general recommendations are provided regarding the correct application of the Convention and the legal positions of the Court in the commercial law of Ukraine.