Actual problems of improving of current legislation of Ukraine
The collection deals with topical issues of public and private law, state building, issues of theory and history of state and law, legal reform in Ukraine, problems of legal regulation and protection of the environment, policy in the field of crime prevention. Suggestions for improvement of a number of institutes of constitutional, civil, criminal and other branches of law are made and grounded. For scientists, teachers, graduate students, applicants, students of law institutes, departments and faculties, lawyers. ISSN 2709-4677 (Print) ISSN 2788-5305 (Online)
Карпатський національний університет імені Василя Стефаника
Legal practice of the International Court of Justice: current challenges
The article analyzes the powers of the International Court of Justice of the United Nations regarding the interpretation of international treaties and the formation of the practice of their own jurisprudence on monitoring compliance with international treaties. The interpretation of international treaties by the International Court of Justice of the United Nations is the most authoritative form of official interpretation. In interpreting treaties, the ICJ has relied on the text of the treaty, using the object, purpose, subsequent practice and consent of the parties, applying static and increasingly evolutionary principles of interpretation, as well as custom. The UNCJ deals with cases in strict compliance with jus cogens standards, as well as with the principles of good faith and the ordinary meaning of terms. The UNCJ has given due importance to the principle of audi alteram partem, according to which no person should be condemned without a fair trial, where each party has an opportunity to respond to the evidence against him. The UNCJ also practices contextual interpretation. The competence of the UN ICJ includes general and related powers, which define general powers, which include the resolution of legal disputes between states that fall under the compulsory jurisdiction of the Court, in particular on the interpretation of a treaty; any question of international law; on the existence of a breach of an international obligation; on the nature and amount of compensation for the breach of an international obligation. Related powers include: interpretation of international treaties, identification and statement of gaps in existing international law. Based on the research conducted, conclusions were drawn regarding the powers of the International Court of Justice of the United Nations and the practice of its activities was analyzed, which, responding to the demands of the time, demonstrates the desire for flexible and effective reconciliation of the parties to the dispute, contributes to achieving understanding and strengthening peace.
The application of party autonomy as a conflict-of-laws connecting factor in international family relations under eu regulations
Тhe relevance of this study stems from significant changes in the legal regulation of family relations in the Member States of the European Union, ongoing migration processes, the need to develop flexible mechanisms for reconciling different approaches to the regulation of international family relations, and the harmonization of Ukrainian legislation with European Union law. The purpose of the article is to analyse the regulations of the European Union in order to determine the possibility of applying the conflict-of-laws connecting factor of party autonomy in the field of international family relations and to identify the specific features and limits of its implementation. The article examines the provisions of the European Union regulations and the 2007 Hague Protocol governing the application of party autonomy in international family relations. The content of several key concepts, in particular «holder of parental responsibility» and «habitual residence», is analysed. The study establishes that party autonomy in international family legal relations may manifest itself in two forms: choice of law (lex voluntatis) and choice of court (prorogatio fori). At the same time, within the law of the European Union it has a limited character. Party autonomy is most fully implemented in the sphere of matrimonial property relations. Relatively broad possibilities for the choice of law are also provided in matters of divorce or legal separation. At the same time, in the sphere of maintenance obligations and in matters concerning parental responsibility, party autonomy is significantly limited and subordinated to the need to ensure proper protection of the maintenance creditor and to the principle of the best interests of the child. It is concluded that a model of limited conflict-of-laws party autonomy has been formed in the family law of the European Union. This is обусловлено the specific nature of family legal relations, the presence of a significant public interest in this sphere, and the need to protect the rights of children and other vulnerable participants in family relations.
International legal assistance at the pre-trial stage of criminal proceedings: european standards and a comparative legal analysis of the legislation of Ukraine and selected EU member states
The article presents a comprehensive study of the institution of international legal assistance at the pre-trial investigation stage as an established form of international cooperation in criminal proceedings. It analyses international legal standards enshrined in the 1959 European Convention on Mutual Assistance in Criminal Matters and its Additional Protocols. The author conducts a comparative legal analysis of the criminal procedural legislation of Ukraine, the Republic of Poland, the Slovak Republic, the Czech Republic, and Hungary with regard to the regulatory framework of international legal assistance at the pre-trial stage. It is established that the legal systems under consideration generally comply with European standards, demonstrating both common conceptual approaches and national specificities of legal regulation. In particular, the legislation of the Slovak Republic and the Czech Republic provides for cross-border surveillance as a type of mutual legal assistance, while the legal frameworks of the Czech Republic and Hungary also include additional regulation of covert investigations. These types of international legal assistance at the pre-trial stage combine the efficiency of obtaining evidentiary information with an appropriate level of procedural safeguards, primarily ensured through judicial or prosecutorial control mechanisms exercised by the requested State. The author emphasises the progressive experience of Poland, the Czech Republic, and Hungary in the legal regulation of joint investigation teams as one of the most advanced instruments for combating crime. The article demonstrates that the conceptual approach of the Czech Republic to international legal assistance at the pre-trial stage is distinguished by the highest degree of systemic coherence, flexibility and procedural detail among the examined states. Particular attention is drawn to the legislative entrenchment of cross-border surveillance as an autonomous type of international legal assistance, which ensures clear delineation of the powers of foreign authorities and procedural guarantees of the rights of persons subject to surveillance. The said normative model may serve as a reference point for the Ukrainian legislator in the further improvement of national legislation in the field of international legal assistance, taking into account the specificities of the state’s legal system and its international and treaty obligations.
Implementation of probation programmes in the execution of the punishment of probation supervision
This article examines the legal and organisational framework for implementing probation programmes during the execution of probation supervision – a new type of basic criminal punishment introduced in Ukraine by Law No. 3342-IX of 23 August 2023, effective from 28 March 2024. Under Article 59-1 of the Criminal Code, probation supervision entails restrictions on the rights and freedoms of the convicted person combined with supervisory and social-educational measures without isolation from society. The court may impose an obligation to complete a probation programme, non-compliance with which carries criminal liability. The study analyses approved probation programmes currently in operation, covering substance abuse prevention, anger management, changing pro-criminal thinking, life skills development, and domestic violence intervention. Five systemic challenges are identified: insufficient staffing of probation agencies, a limited range of approved programmes, the absence of measurable effectiveness criteria, inadequate integration of restorative justice elements including mediation, and insufficient individualisation of interventions. The article formulates five reform proposals: expanding the programme catalogue to match the full scope of offences subject to probation supervision, establishing normative effectiveness criteria, integrating mediation procedures into selected programmes drawing on the successful 2024 Restorative Justice Programme for juveniles, formalising the link between risk-needs assessment and programme selection in accordance with Rules 72-75 of the Council of Europe Probation Rules, and strengthening the human resources of probation agencies.
International ILO labor standards and their impact on the development of the national labor legislation system of Ukraine
The article provides a comprehensive scientific and theoretical analysis of the significance and role of the International Labor Organization (ILO) in the system of sources of international labor law. The author reveals the essence of the ILO’s basic principles of universality and tripartism, focusing on the uniqueness of the tripartite representation of government structures, employers, and employees. The system of fundamental Conventions covering freedom of association, the right to collective bargaining, the eradication of forced and child labor, and the prevention of discrimination is analyzed in detail. Particular attention is paid to priority and technical Conventions regulating issues of labor inspection and employment policy. An important place in the work is occupied by the analysis of the practical implementation of international norms into domestic legislation. The author considers how the ratification of Conventions No. 182, No. 29 and No. 105 influenced the amendments to the Criminal Code of Ukraine, the Labor Code and the adoption of special laws on combating human trafficking and ensuring equal rights and opportunities. The strategic aspects of Ukraine’s cooperation with the ILO are highlighted, in particular the implementation of the Decent Work Program for the period 2020-2024 and the Employment Strategy until 2030. The program is considered as a tool for achieving national priorities in the context of sustainable development and European integration. In conclusion, it is emphasized that the ILO international labor standards act as a reliable safeguard against human rights violations in the labor sphere and serve as a guideline for building a fair socio-economic system in Ukraine.
Legal-Technical Defects and Gaps in Legislation: Impact on Law Enforcement and Legal Certainty
The article provides a comprehensive theoretical and legal analysis of legal-technical defects and gaps in legal regulation, their impact on law enforcement, and proposes approaches to improving the effectiveness, predictability, and coherence of legal norms. Particular attention is paid to the relationship between the quality of legislative technique and the level of legal certainty as a fundamental principle of the rule of law. The author argues that clear, logically consistent, and internally coordinated legislation is a prerequisite for effective legal implementation and protection of rights. The study offers a systematic examination of gaps in legislation, blanket and reference norms, duplication, as well as structural defects of normative legal acts as key factors contributing to legal uncertainty. It is substantiated that the combination of these shortcomings leads to systemic instability of legislation and complicates its application. The paper additionally argues that gaps in regulation often arise not only from the absence of norms but also from their ambiguity or inconsistency, which creates discretion risks and uneven enforcement practices. It is proved that their effective elimination requires codification, harmonization, and improvement of legal drafting techniques, alongside the introduction of unified standards of legislative quality control. The findings demonstrate that judicial practice, particularly that of the Supreme Court, partially compensates for gaps in legislation by developing stable legal positions and ensuring the predictability of judicial decisions. However, this compensatory function cannot replace high-quality lawmaking, as excessive reliance on judicial interpretation may undermine the principle of separation of powers. At the same time, excessive regulation, declarative provisions, and fragmented normative structures reduce regulatory effectiveness, increase interpretative conflicts, and create additional barriers for legal subjects, especially in complex areas such as administrative and economic law. Eliminating legal-technical defects and gaps in legislation, ensuring systematic structuring of legal norms, and applying comparative legal experience are essential for enhancing the efficiency, stability, and predictability of the legal system. The author concludes that improving legislative technique, strengthening institutional mechanisms of legal expertise, and ensuring consistency between different levels of normative acts are key conditions for achieving legal certainty and reinforcing public trust in the legal system.
The essence and legal nature of the prosecution service’s cooperation with the International criminal court
This article provides a comprehensive analysis of the essence and legal nature of the prosecution service’s cooperation with the International Criminal Court (ICC). The study examines the normative framework established by Part 9 of the Rome Statute (Articles 86–102), Ukraine’s declarations under Article 12(3) (2014, 2015), the Law on Ratification of the Rome Statute adopted on 21 August 2024 (No. 3909-IX), and the implementing Law of 9 October 2024 (No. 4012-IX). The analysis demonstrates that cooperation with the ICC constitutes a sui generis legal regime fundamentally distinct from traditional mutual legal assistance in criminal matters, combining elements of a treaty-based obligation (the duty to cooperate under Article 86), institutional interaction (procedures for submission and execution of requests), and constitutional safeguards (grounds for refusal or postponement under Articles 93(4), 94, 95, 97, and 98). Three key distinctions from traditional mutual legal assistance are identified: the vertical rather than horizontal character of inter-institutional relations, the conceptual differentiation between surrender and extradition under Article 102, and the inapplicability of the reciprocity principle. Particular attention is devoted to the principle of complementarity as the defining basis of interaction between national prosecution services and the ICC. The article traces the evolution of Ukraine’s cooperation regime through three stages: ad hoc acceptance of jurisdiction (2014–2022), legislative regulation without ratification (2022–2024), and full membership following ratification (from October 2024). The role of the Office of the Prosecutor General as the central cooperation authority is examined, including its unprecedented participation in the Joint Investigation Team established under Eurojust coordination in March 2022. The article concludes that cooperation with the ICC is not merely a procedural mechanism but a systemic element of Ukraine’s criminal law and criminal procedural policy.
Civil legal mechanisms for protection of property rights of internally displaced persons: national practice and international experience
Domestic society faced the difficult realities of a full-scale war, which led to internal displacement of the population, damage, loss of property, and complications in the implementation of the constitutional right to property of citizens. Within this framework, there was an urgent need to form effective civil legal mechanisms for protecting the property rights of internally displaced persons (IDPs), taking into account national legislation and international legal standards. The study focuses on the analysis of legal instruments that are currently actively used in Ukraine, including judicial and administrative protection, as well as preventive measures aimed at preventing the illegal seizure or destruction of property. Special attention is paid to international experience, based in particular on the Piñeiro Principles, the practice of the European Court of Human Rights and other international instruments that recognize the priority of restitution as the optimal way to restore violated rights. The experience of Croatia is separately considered, where after the armed conflict of the 1990s a comprehensive system of property restitution and compensation for displaced persons was created, combining judicial procedures, administrative mechanisms and international practice. Israel’s experience in protecting the rights of internally displaced persons is also valuable. The comparative analysis conducted in the article allows us to identify effective approaches that are currently appropriate to be implemented in Ukrainian legislation in order to ensure full and fair compensation for losses or return of property. The author emphasizes the need to develop a comprehensive system for protecting the property rights of IDPs, which will combine legal, organizational and informational support for affected persons. The proposed conclusions and recommendations are of practical importance for improving legislation, increasing the efficiency of law enforcement practice and strengthening guarantees for the implementation of property rights in the conditions of the war and post-war period.
Comparative Legal Analysis of Legislative Initiatives in the Field of Assisted Reproductive Technologies in Ukraine through the Prism of ECHR Case Law
The article provides a concise comparative legal analysis of the governmental draft law No. 13683 and the alternative legislative proposal No. 13683-1, both aimed at creating a coherent regulatory framework for assisted reproductive technologies (ART) in Ukraine. In the context of a deep demographic crisis and the fragmented nature of existing regulation, which largely depends on subordinate legislation, the study substantiates the urgent need for a unified statutory act to eliminate legal uncertainty and ensure proper protection of the rights of patients and children. The research is grounded in the case law of the European Court of Human Rights and emphasizes the evolution of reproductive rights as fourth-generation human rights, linked to personal autonomy, gender equality, and informed decision-making. The comparative assessment reveals different conceptual approaches underlying the two drafts. The governmental bill is characterized as more progressive in terms of non-discrimination, as it provides access to ART for single individuals and introduces clear ethical safeguards against the commercialization of human embryos. At the same time, the alternative initiative offers more efficient legal and technical mechanisms for birth registration, including the implementation of DNA verification and detailed contractual arrangements, which correspond to the requirement of procedural promptness in recognizing parentage. The study concludes that both proposals generally comply with ECHR standards concerning genetic ties and respect for donor intent in posthumous reproduction. However, it also highlights potential risks of market monopolization due to high licensing barriers. The author argues for a balanced legislative solution that combines the strengths of both approaches to ensure legal certainty and effective protection of the child’s rights.
Conflict of laws regulation of intellectual property relations with a foreign element: current trends
This article examines the issue of the current state and trends in the development of conflict of laws regulation of cross-border intellectual property relations. In the doctrine and practice of international private law, special conflict of laws regulation of intellectual property relations with a foreign element is carried out using two main conflict of laws rules: «law of the place of origin» (lex originis) and «law of the place of protection» (lex loci protectionis). At the same time, the most widespread use of the conflict of laws rule «law of the place of protection» (lex loci protectionis) is today. However, conflict of laws regulation of cross-border intellectual property relations is at the stage of its formation and requires unification, since: - despite the relative prevalence of the rule lex loci protectionis, there is no unified practice regarding its interpretation and application due to the ambiguity of the concept of «law of the place of protection»; - the rule ( «law of the place of protection» (lex loci protectionis) has not yet become generally accepted (unified), since in the doctrine and practice on this issue the rules «law of the place of origin» (lex originis), «law of the forum» (lex fori), «law of the place of harm committed» (lex loci delicti commissi), etc. continue to be applied; - special conflict rules «law of the place of protection» (lex loci protectionis) and «law of the place of origin» (lex originis) mainly regulate the issues of validity and protection of intellectual property rights, while transactions and inheritance regarding intellectual property rights are regulated by conflict rules on contractual obligations with a foreign element and cross-border inheritance.
National and international legal mechanisms for compensation of damages to business partnerships caused by armed aggression
The article presents a comprehensive scientific and theoretical study of the legal mechanisms for compensating damage caused to entrepreneurial legal entities as a result of the armed aggression of the Russian Federation against Ukraine. The relevance of the topic is explained by the significant economic losses of Ukrainian business and the need to create an effective and systematic compensation mechanism at both the national and international levels. The paper emphasizes that there is currently no single coordinated approach to choosing the optimal legal instruments for compensating damage to legal entities. The content and features of national compensation mechanisms have been revealed, in particular state programs for partial reimbursement of the cost of damaged or destroyed property, as well as war risk insurance as a means of protecting the property interests of businesses. Special attention is paid to the judicial protection of the rights of legal entities, in particular the analysis of the practice of national courts and the problems of recognition and enforcement of their decisions abroad due to the jurisdictional immunity of the aggressor state. International compensation mechanisms have been studied, based on the interaction of the Loss Register, the Compensation Commission, and the Fund for the payment of compensations. It was found that the mentioned elements form a holistic institutional structure aimed at ensuring the proper recording, assessment and compensation of the damage caused. It was noted that their functioning creates the prerequisites for the effective implementation of the international legal responsibility of the aggressor state and ensuring real access of the affected subjects to compensation. The feasibility of applying hybrid models of damage compensation, which combine national and international legal means, as well as the possibility of involving sanctioned individuals as co-defendants in relevant cases, has been justified.
Historical and legal retrospective of the formation and development of contractual obligations for the provision of medical services with the use of assisted reproductive technologies
The proposed article is devoted to the study of the genesis of the formation and development of contractual obligations for the provision of medical services using assisted reproductive technologies. Having analyzed the official data of the State Statistics Service of Ukraine the author notes that in recent decades Ukraine has been experiencing a demographic crisis, where mortality exceeds birth rates by dozens of times. The main reasons for the low birth rate in Ukraine are: value changes associated with the shift in focus from the number of children born to the quality of their maintenance and upbringing, with the desire for self-realization outside the sphere of motherhood/fatherhood; deterioration of health due to armed aggression, in particular reproductive, as a result of wounds and injuries, lack of proper treatment in temporarily occupied territories, stress, depressive moods caused by constant fear for one’s life and the lives of children and relatives; economic factors - with the birth of a child, the risk of poverty increases; difficulties in combining professional activity, education with the birth and upbringing of children; the possibility of receiving educational services, etc. The author concludes that the decline in the birth rate inUkraine is of a complex nature, which includes medical, legal, socio-economic and moral-ethical components. In order to increase birth rates and help a person improve their reproductive health, the possibility of procreation and the pleasure of motherhood/fatherhood, modern medicine reaches the «peak» of the development of medical discoveries that contribute to improving the state of human reproductive function using assisted reproductive technologies (ART). The use of modern assisted reproductive technologies, which are already actively implemented and used by humans today, poses a number of tasks for the legislator, which consist in creating an effective legal framework for regulating legal relations related to their use. To achieve the relevant tasks, the scientific work outlines the prerequisites for the implementation of assisted reproductive technologies in their historical retrospective, as well as the features of their legal regulation in the present day.
Processing and disposal of war waste in Ukraine: environmental and legal aspects
This article is devoted to the consideration of environmental and legal aspects of the processing and disposal of war waste in Ukraine, as well as the search for ways to solve them. Full-scale military operations on the territory of Ukraine have led to the emergence of the problem of processing and disposal of «waste of war». Such waste should generally be understood as any objects and substances that were formed as a result of military operations as a result of the destruction or damage of infrastructure, equipment or other property that can no longer be used for their intended purpose and must be removed from the place of their formation. However, they are most often identified with waste from destruction, that is the remains of destroyed or damaged residential or other infrastructure, which make up the bulk of war waste. Today, the volume of war waste formation is unprecedented compared to the peacetime period, which significantly complicates the already extremely difficult situation with regard to waste management in our country. To overcome the above, it is necessary: - to ensure strict compliance with special requirements of the legislation on the elimination of war-caused destruction when managing war waste; - to enshrine in the legislation requirements for ensuring the maximum possible degree of processing and reuse of war waste; - creation of favorable conditions for the implementation of technologies for the reuse and processing of war waste (involvement of foreign companies that have experience, means and technologies for processing (disposal) of war waste; creation of an appropriate regulatory framework for the management of war waste; introduction of financial and economic mechanisms to stimulate the reuse and processing of war waste).
Regarding the specifics of environmental security management under martial law
In conditions of full-scale invasion, the issue of preventing environmental threats and disasters, implementing effective regulation and management of environmental security as a component of national security is a priority task of the state. The scientific article is devoted to the generalization of approaches to defining the concept of «environmental safety management», the formation of a system of environmental safety management bodies, and the identification of the features of environmental safety management in martial law conditions. It has been established that ensuring environmental safety is directly related to the system of public administration, the validity and purposefulness of the state environmental policy, which is based on the coordinated work of state authorities, which is the basis for the functioning of the environmental management system. It is substantiated that environmental safety management is a comprehensive system of national, regional and local (local) measures aimed at ensuring, maintaining and restoring the state of the environment, minimizing risks of technogenic, anthropogenic and natural origin, it can be carried out primarily through observation, research, strategic environmental assessment, environmental impact assessment, control, forecasting, programming, information and other executive and administrative activities. It is proven that the paradigm of security as the extreme value of danger, when the latter is completely absent, changes during martial law, since the danger from potential turns into real with the presence of a large number of threats and risks, and security can be spoken of as a state of the system in which the consequences of such danger are minimized. Accordingly, security management in martial law is reduced to making timely management decisions regarding the selection and implementation of actions to minimize the negative impact of existing dangers and threats. Analysis of the system of bodies in the field of environmental management and approaches to their classification allowed us to conclude that this system is multi-level, extensive and complex functional structure.
Digitalization of justice in Ukraine: prospects and risks.
The scientific article examines the process of digitalization of judicial proceedings in Ukraine, its prospects and associated risks. In particular, the regulatory framework is analyzed, in particular the Concept of the Development of Artificial Intelligence, other regulatory acts on digitalization and e-justice, as well as key scientific approaches to defining the concept of “digitalization of judicial proceedings”. Particular attention is paid to the functioning of the Unified Judicial Information and Communication System, which provides electronic document flow, video conferencing, online access to court decisions, integration of the judge’s and participants’ offices, as well as other mechanisms of operational interaction. Analysis of the evolution of electronic judicial proceedings demonstrates gradual development – from basic automation of document flow in courts of general jurisdiction to the creation of the Unified State Register of Court Decisions, which is currently a key subsystem of the Unified Judicial Information and Communication System. The prospects and risks of using artificial intelligence in the preparation of draft procedural documents and modeling the optimal procedure for considering cases are separately highlighted. Its potential for increasing the efficiency of judicial processes, reducing the burden on judges, unifying practice and improving the quality of procedural decisions was identified. At the same time, attention was focused on the risks: opacity of algorithms, possible reproduction of bias, limited verification of automated decisions, uncertainty of legal liability and impact on the implementation of procedural guarantees. As a result of the study, it was concluded that the further development of the digitalization of judicial proceedings in Ukraine requires a combination of technological innovations with compliance with procedural guarantees, improving the regulatory framework and ensuring the reliability of the system.
Human rights and civil society in the conditions of democratic governance in Ukraine
The article notes that one of the most important signs of the democratic development of the state is human rights, which are inalienable, natural opportunities and freedoms that belong to everyone from birth. The emphasis is on the fact that human rights are closely related to the development of the state; they enable individuals to influence state-building processes in the country and are the so-called unique legal standard for all processes taking place in the state. In the legal aspect, human rights outline legal parameters that determine the coordinates of an individual’s behavior, protect him and ensure law and order, fair distribution of benefits and human participation in the life of society. It is emphasized that human rights are inextricably linked with civil society: they influence the formation of civil society, create an environment for its functioning in the state, in turn, civil society institutions influence the development of human rights, their protection and defense. These are two interdependent components of the democratic system of Ukraine. At the same time, civil society acts as a partner of the state, ensuring public control over its activities and exercising effective forms of influence on government bodies with the aim of their democratization and functioning within the limits defined by the Constitution of Ukraine. In this way, civil society contributes to both ensuring human rights and forming national statehood on democratic principles. It is concluded that the success of democratic transformations in Ukraine is largely determined by the development of civil society, its influence on domestic processes of state building, and interaction with state authorities. It is also noted that in the conditions of war in Ukraine, domestic civil society must intensify its efforts to cooperate more closely with authorities in terms of improving the constitutional and legal mechanism for ensuring human rights.
Subjects of the Criminal Procedure Policy of the European Union: general characteristics, structural issues and classification.
This article provides a comprehensive analysis of the subjects involved in shaping and implementing the criminal procedural policy of the European Union. The study examines the treaty-based competence framework established by Title V of the Treaty on the Functioning of the European Union, which forms the legal foundation for judicial cooperation in criminal matters. The research analyses the roles of European Union institutions – the European Parliament and the Council of the European Union as co-legislators under the ordinary legislative procedure, the European Commission as initiator of legislation and guardian of implementation, the European Council as strategic actor, and the Court of Justice of the European Union as an active participant through judicial law-making as well as specialised bodies: the European Union Agency for Criminal Justice Cooperation, the European Union Agency for Law Enforcement Cooperation, the European Public Prosecutor’s Office, and the European Anti-Fraud Office. Auxiliary subjects, including the European Union Agency for Fundamental Rights, the European Union Agency for Law Enforcement Training, and the European Judicial Network in Criminal Matters, are also examined. Particular attention is devoted to structural problems within the system, including fragmentation of the legal space caused by differentiated integration – notably the opt-outs of Denmark and Ireland and the non-participation of five Member States in the European Public Prosecutor’s Office – as well as practical difficulties in coordination between specialised bodies and the tension between operational effectiveness and fundamental rights protection illustrated by the Europol data retention controversy. The article introduces a novel classification of subjects based on their degree of integration, distinguishing between subjects of pan-European scope, subjects of differentiated integration, and subjects operating in the external dimension. The study concludes that the post-Lisbon institutional architecture constitutes a multi-layered system operating across concentric circles of varying integration depth, and that this fragmentation is a structural characteristic shaped by the compromise between supranational ambitions and national sovereignty in criminal justice.
Legal regulation of urban development activities and legalization of unauthorized construction: experience of selected European Union countries
The article examines the peculiarities of legal regulation of urban development activities and mechanisms for legalizing unauthorized construction in selected European Union member states. The relevance of the topic is due to the prevalence of illegal construction in Ukraine, the imperfection of licensing and control procedures in the field of urban development, as well as the need to form an effective model of legal response in the conditions of post-war restoration of territories. The complex interdisciplinary nature of the relevant legal relations requires a coordinated combination of administrative, civil, land, and financial law. The purpose of the article is to conduct a comparative legal analysis of the regulation of urban development activities and procedures for legalizing unauthorized construction in France, Great Britain, Poland, and Germany, as well as to identify opportunities for implementing positive European experience in the national legislation of Ukraine. The study found that in most European legal systems, unauthorized construction is considered not only as grounds for sanctions, but also as a legal fact, the consequences of which can be regulated by bringing the object into compliance with urban planning, environmental, and technical legislation. The European model is characterized by preventive spatial planning, a significant role for local authorities, transparency in decision-making, and discretionary powers to assess the impact of violations on public interests. The feasibility of introducing clearly defined criteria for the admissibility of legalizing unauthorized construction, expanding the powers of communities, and strengthening preventive control mechanisms in Ukraine has been substantiated, taking into account the principles of the rule of law, proportionality, and legal certainty.
Ecological, Economic, and Criminological Prerequisites for the Criminalization of Illegal Amber Extraction and Trade (Article 240-1 of the Criminal Code of Ukraine)
This article analyzes the main environmental, economic, and criminological factors that led to the establishment of criminal liability for the extraction and trade of amber in violation of current legislation. It confirms the appropriateness of criminalizing conduct related to the extraction and trade of amber in violation of current legislation. The continued retention of criminal liability (along with improvements to the substance of the criminal prohibition) is based on: 1) the environmental component – the negative environmental consequences of uncontrolled amber mining include reduced soil fertility, water pollution, destruction of forest and protected areas, depletion of natural resources, and a decline in wildlife; 2) the economic factor – the anticipated release of a significant portion of the population following the lifting of martial law and their return to civilian life in the regions that constitute the «geography» of the amber mining industry. Due to the lack of economic opportunities and legal sources of income in the region (one of the main factors that led to involvement in illegal activities in the past), it is likely that illegal practices already familiar to the local population will resurface. In addition, one should take into account seasonal fluctuations in the supply and demand for amber, as well as its «national» characteristics (high quality, reasonable depth of occurrence, and the level of extraction costs, etc.); 3) the legal component – a stable (despite the war) level of recorded criminal offenses under Article 240-1 of the Criminal Code of Ukraine, their proportion within the structure of environmental crime, the hidden nature of such offenses, the «cost» involved, and the lack of an effective response from criminal justice authorities.
Secrets in the sphere of economic activity subject to protection under criminal law
This article analyses the scope of information subject to protection as constituting a specific type of secret in the sphere of economic activity, as well as the prerequisites for its protection by means of criminal law. It is concluded that the following types of information in the sphere of economic activity, access to which is (or may be) restricted, are currently subject to criminal law protection: a) certain types of secrets (Part 2 of Article 209-1, Articles 231, 232 of the Criminal Code of Ukraine); b) insider information (Articles 232-1, 232-3 of the Criminal Code of Ukraine). In this context, it is proposed to equate insider information, in the criminal law sense and meaning, with information constituting a «secret» in the sphere of economic activity. The normative definitions of the concepts of «financial monitoring secret», «trade secret», «banking secret», «professional secret in the capital market and organised commodity markets», as well as the concept of «insider information» have been analysed. It is established that the regime for the protection of secrets in the sphere of economic activity is primarily aimed at protecting the interests of their owners (controllers) from harm that may be caused by their disclosure or unlawful use. In contrast, financial monitoring secrecy differs from other types of secrecy, as its protection is linked to ensuring the security of the state against harm that may be caused by crimes, the financing of terrorism and/or the financing of the proliferation of weapons of mass destruction and/or other illegal financial transactions. This raises the question of the appropriateness of a thorough analysis of the justification for placing the relevant provision in the section «Criminal Offences in the Sphere of Economic Activity». The following generalised definition is proposed: a secret in the sphere of economic activity subject to criminal law protection is information regarding the status, certain characteristics and/or activities (including information of a technical, organisational, commercial, production-related and other nature) of a business entity, which the owner does not wish to disclose and which a person who has obtained it lawfully cannot disclose, as this may harm the interests of the relevant entity. The issue of using criminal law measures specifically to protect relevant types of ‘confidential’ information in the sphere of economic activity remains outside the scope of this study and requires a separate and in-depth investigation.
Aggression of minors in conditions of war
The article is devoted to the consideration of the problem of the growth of manifestations of aggression of minors in conditions of a full-scale war of the russian federation against Ukraine. The formation of a minor’s personality should always be a priority for any state, but the conditions of active hostilities in Ukraine across almost the entire territory shift the state’s priorities to protection and defense. In addition, war has a significant impact on the psyche of an individual, especially a child, the negative aspects of which are the intensification of internal conflicts, increased psychological tension, and aggression, which can develop into physical violence and cruelty. In this difficult situation, both the state and educational institutions, and especially parents, should devote more efforts to the education of minors. Due to these circumstances, the problem of studying aggression in minors and measures to prevent it becomes particularly relevant. Today, in modern Ukrainian society, there is a significant decrease in the age of persons committing criminal offenses, and cases of crimes committed by children under the age of criminal responsibility are becoming more frequent, deviant behavior is characterized by increased aggressiveness, a tendency to violence and excessive cruelty. The article examines individual cases of aggression, analyzes the causes and conditions of their occurrence. The problem of aggression is multifaceted and multifactorial, which requires scientific research in various areas of human life. The specificity of research on juvenile aggression is primarily related to age-related characteristics. Modern minors, on the one hand, are much more progressive in studying the latest achievements of modern society, and on the other hand, their attitudes towards the need to comply with social norms are very weakened. Serious shifts in the child’s motivational sphere are noticeable, the emergence of new, often controversial, values, etc.
Peculiarities of the objective side of the composition of diversion (Article 113 of the Criminal Code of Ukraine)
The article is devoted to studying the features of the objective side of the composition of diversion (Article 113 of the Criminal Code of Ukraine) and the formulation of relevant conclusions regarding the current state of this problem. Within the framework of the scientific study, the author emphasizes that for modern criminal law science, the issue of determining the moment of the end of diversion, which is a criminal offense against the foundations of national security of Ukraine, remains debatable. In particular, as of today, there are at least four approaches to solving this problem: some scholars attribute diversion to the truncated elements of a crime, others to the formal elements, still others to the material elements, and some consider it a crime with a mixed structure. Based on the current criminal legislation of Ukraine, the author concludes that the legislator emphasizes the multiplicity of explosions, arsons, or other actions. This means that from the objective side, the actions of a person constitute the criminal offense under investigation only if they commit at least two explosions, arsons, or other actions aimed at the mass destruction of people, causing bodily harm or other harm to their health, destroying or damaging objects of important national economic or defense importance, or committing the same number of actions aimed at radioactive contamination, mass poisoning, or the spread of epidemics, epizootics, or epiphytotics. This position of the legislator is not entirely acceptable, as it contradicts judicial practice. According to the results of the conducted scientific research, the author supports the position that: a) diversion can be committed both in the form of action and in the form of inaction; b) diversion belongs to criminal offenses with a formal component; c) the objective side of the composition of diversion is characterized by both the commission of a set of socially dangerous acts listed in Part 1 of Article 113 of the Criminal Code of Ukraine, and a single fact of any of them, which must also be considered sufficient to qualify this crime as completed, regardless of the occurrence of socially dangerous consequences.
«Environmental» aggression against Ukraine: a criminological assessment of the consequences and the legal mechanism for determining their extent
This article presents a criminological assessment and description of the consequences of armed aggression against Ukraine in the field of environmental protection. Based on statistical data regarding criminal law countermeasures, the conclusion is drawn that the practice of committing war crimes and crimes against humanity continues to be carried out by the senior political and military leadership of the aggressor state, as well as by the direct perpetrators of such crimes. It is proposed to categorize the assessment of harm and losses to the state into humanitarian, economic, military, law enforcement, environmental, and cultural-religious dimensions. Emphasis is placed on the difficulty of summarizing and systematizing the consequences of armed aggression, given the ongoing and incomplete nature of the data received, its incompleteness, and other factors. The environmental and nature conservation impacts of armed aggression are detailed in terms of damage and losses: 1) to nature reserves and other protected areas; 2) resulting from the release of hazardous substances into the atmosphere; 3) to land resources; 4) to forest areas; 5) to water resources; 6) from direct combat operations; 7) to infrastructure and industrial facilities. A review was conducted of the laws and regulations governing the procedure for determining the harm and damage caused to the environmental and nature conservation sector as a result of armed aggression. Based on the findings, a number of observations were made regarding provisions that could potentially hinder the achievement of the objective, as well as provisions that would be desirable to include in the document.