University Scientific Notes (until 2005 — Bulletin of the Khmelnytskyi Institute of Regional Management and Law) is a multidisciplinary peer-reviewed scholarly journal that publishes the results of original research in the fields of law, economics, and public administration, as well as interdisciplinary studies conducted at the intersection of these fields. The journal was founded in 2002. During 2009–2024, its co-founders included the National Academy for Public Administration under the President of Ukraine (legal successor — Taras Shevchenko National University of Kyiv) and the Institute of Legislation of the Verkhovna Rada of Ukraine (legal successor — the Research Service of the Verkhovna Rada of Ukraine). Publisher — Leonid Yuzkov Khmelnytskyi University of Management and Law. The mission of the journal is to provide an open academic platform for the dissemination of fundamental and applied research aimed at advancing legal, economic, and public administration sciences, improving legislation, law enforcement practice, and governance mechanisms, and integrating research outcomes into the national and international academic environment. The journal’s scope reflects its historical specialization and includes research on: the development of legal doctrine, legislation, and law enforcement; theoretical and applied issues of the functioning of the legal system; institutional, legal, and economic foundations of state and societal development; legal aspects of the activities of public authorities and local self-government; public administration, administrative procedures, and governance; economic and legal mechanisms of regulation of social relations; transformation of legal and governance institutions under contemporary socio-economic changes; interdisciplinary research combining legal, economic, and public administration approaches. The journal publishes scholarly articles (including review articles) and book reviews. Publication details ISSN 2078-9165 (Print) ISSN-L 2078-9165 Publication frequency: six issues per year. Languages of publication: Ukrainian, English. Status, registers, and indexing Registered as a print media outlet in Ukraine (Media ID No. R30-05101, Decision of the National Council of Ukraine on Television and Radio Broadcasting No. 1745 dated May 23, 2024). The journal has been included since 2003 in the List of Scientific Professional Publications of Ukraine (Category B) pursuant to Orders of the Ministry of Education and Science of Ukraine No. 1188 dated September 24, 2020, and No. 1471 dated November 26, 2020, in the following specialties: 051 Economics 071 Accounting and Taxation 072 Finance, Banking, Insurance, and Stock Market 073 Management 075 Marketing 076 Entrepreneurship, Trade and Exchange Activities 081 Law 232 Social Work and Social Security 242 Tourism and Recreation 262 Law Enforcement 281 Public Administration and Management 292 International Economic Relations 293 International Law Since 2019, the journal has been assigned the DOI prefix 10.37491/UNZ. Each publication receives a Digital Object Identifier (DOI), ensuring its permanent identification and accessibility in the digital environment. The journal is indexed in the international scientometric database Index Copernicus International: http://bit.ly/UNZ_IC Contact information Leonid Yuzkov Khmelnytskyi University of Management and Law Scientific Editorial Office 8 Heroiv Maidanu Street Khmelnytskyi, 29000, Ukraine Tel.: +380 (382) 71-80-96 Tel.: +380 (96) 354-60-93 Official website: https://unz.univer.km.ua Email: unz@univer.km.ua Journal profiles and resources Google Scholar: http://bit.ly/UNZ_Google Vernadsky National Library of Ukraine: http://bit.ly/UNZ_Vernadskyi Facebook: http://bit.ly/UNZ_FB Telegram: https://t.me/unzua
Хмельницький університет управління та права імені Леоніда Юзькова
Sanctions Within International Crimes Norms: Balancing Legality and Justice
The issue of criminal responsibility for international crimes extends far beyond the boundaries of domestic state sovereignty. The establishment of the International Criminal Court (hereinafter — the ICC) was the international community’s response to mass human rights violations, primarily as a preventive mechanism to guarantee stability in international justice and ensure compliance with fundamental international norms. At the same time, the invasion of the russian federation into the territory of Ukraine has become a striking example of a dismissive attitude toward both declared domestic values and universally recognized international priorities, relations, treaties, and obligations, as well as toward the historical past and global achievements in the fight against impunity for the most serious crimes. In this regard, the ICC acquires particular significance for Ukraine, not only as a means of prevention but also as a punitive mechanism to guarantee that the perpetrators are held accountable. At the same time, numerous questions arise concerning the application of such an additional mechanism at the national level, which go beyond merely defining the wrongfulness of acts that undermine the international foundations of human coexistence. In light of the requirements for punishment for the most serious and large-scale human rights violations, there is always the task of, on the one hand, achieving justice for the victims of horrific crimes, and on the other, adhering to the principles of legality and equality for those who committed such atrocities, thus following the principles of the rule of law. Here, the issue of punishment for international crimes acquires special meaning both in terms of its preventive influence and in relation to its other functions. To investigate and highlight the relevant challenges in holding perpetrators accountable, a comprehensive analysis of theoretical and practical issues has been carried out, particularly regarding sentencing, through the prism of international standards and national legislation. Using the comparative legal method largely, based on an analysis of international documents and relevant international and national practice, the authors explore the interaction of the principle of legality (nullum crimen, nulla poena sine lege) with the principles of justice and proportionality. Particular attention is paid to the analysis of the "gravity" of the offense in the context of ordinary and international crimes. In this regard, the authors examine the features and problems of holding individuals accountable for "crimes of concern to the international community as a whole," as well as issues of selective justice, mechanisms for the differentiation and individualization of responsibility and punishment, and the significance of sanctions in norms on international crimes, considering the complementary nature of the ICC. Special emphasis is placed on the challenges faced by the Ukrainian legal system in the context of a prolonged armed conflict. The authors criticize the practice of "legal simplification," where international crimes are essentially substituted by ordinary crimes. The paper argues that such a path is a dangerous illusion of efficiency that distorts the very idea of justice and becomes an obstacle to achieving it. Through a critical examination of the phenomenon of "selective" justice, it is argued that a different approach to responsibility for identical internationally recognized wrongful acts committed in connection with the same events undermines the principles of equality and nullifies the idea of a fair trial for those guilty of international crimes, also violating the principles of the inevitability of responsibility and the absence of statutes of limitations. The methodological basis of the study consists of a comprehensive combination of general scientific and specialized legal methods aimed at analysing the punishability of international crimes. In addition to the comparative legal method, which allowed for a comparison of the Rome Statute standards and international case law with national law enforcement, the study was conducted using systemic-structural and formal-dogmatic analysis. Through these, the sanction was investigated not only as a means of reflecting punishment but also as a systemic element that essentially determines the legal regime of a crime in connection with several other institutions, including statutes of limitations and immunities. A hermeneutic approach was applied when considering the categories of gravity and justice, and the legal modelling method allowed for the substantiation of unified approaches to responsibility, which is important for the purposes of the legitimacy of the justice being administered. The main focus of this study is centred on the sanction as an instrument that should reflect the real social danger of acts and as a means that facilitates the implementation of a range of other legal guarantees, while simultaneously performing preventive and retributive functions. In the context of the principles of predictability, other mechanisms for guaranteeing responsibility for the most serious offenses, such as genocide, aggression, war crimes, and crimes against humanity, are also analysed. Contemporary events demonstrate that international criminal law must evolve further, and certain approaches require revision in light of the requirements of justice and the inevitability of punishment, which is particularly relevant for Ukraine today.
Economic Status and Forms of Economic Activity of National Minorities of Podillia in the Context of the Policy of Indigenization in the 1920s–1930s
The specifics of interethnic relations and the everyday life of ethnic communities in Podillia have been studied, which makes it possible to evaluate the practical steps of the party and state leadership of the 1920s–1930s in the field of regulating the economic life of the region, in particular, the Jewish and Polish populations. It is shown that within the framework of the policy of indigenization, the Soviet authorities sought to involve national minorities in active participation in the processes of socialist construction. A transformation of the worldview orientations of the Polish population regarding their own national identity, caused by the fear of repression and discriminatory practices by the state, has been recorded. The complex socio-economic conditions of existence of a significant part of the Jewish population of the cities and towns of Podillia are highlighted. Using materials from individual districts, the results of surveys of the Jewish population and the formation of its social structure, which differed significantly in terms of professional affiliation and level of material security, were traced. The social structure of the Polish national minority is separately characterized, the bulk of which consisted of poor and middle-class strata. At the same time, only a small part of the so-called «barrier nobility» was attributed to the kulak stratum. The formation of cooperative forms of management, particularly agricultural collectives, is analyzed due to low land availability and a shortage of working livestock on the farms of national minorities. Under these conditions, the executive authorities of the Shepetivsky district developed recommendations for the implementation of collective land use. Despite their absence, the first Jewish artels emerged in Ostropol and Krasylivskyi districts. Despite their absence, the first Jewish artels emerged in Ostropol and Krasylivka districts. The causes of conflict relations between the local population and Jewish colonists, which manifested themselves in social tension, land conflicts, and violent actions, are highlighted. The activities of more than 85 national agricultural artels of Podillia, which operated in conditions of economic difficulties caused by a lack of livestock, tools, and limited state credit support, were studied. A significant part of their production was sold through the agricultural cooperative system. In parallel, industrial and artisanal cooperatives developed, particularly in Polish and Jewish communities. An important role in the cooperative movement was played by credit and consumer societies, as well as trade unions, which contributed to the socio-economic integration of national minorities.
Central Commission for National Minorities
Copyright (c) 2025 University Scientific Notes
Methods of Establishing Soviet Power in Podillia (1920–1921)
The study highlights the peculiarities of the establishment of Soviet terror across the region and the mechanisms of the formation of the repressive apparatus of power, in particular, the process of creating the Podolsk Provincial Emergency Commission by the provincial revolutionary committee. This body, in coordination with the provincial revolutionary tribunal, launched systematic activities to search for, neutralize, and physically destroy individuals and social groups classified by the authorities as «counter-revolutionary elements.» The work analyses the tools used to establish the new government, which included the widespread use of violence, including mass executions and forced requisitions. Special attention is paid to the study of the socio-political conditions under which the spontaneous formation of armed peasant detachments occurred. It is shown that these formations were a response of the local population to the repressive policy of the authorities and engaged in armed confrontation with food detachments and units of the Red Army, becoming a significant factor in destabilizing the region. The paper analyses the introduction of special mechanisms to combat the peasant insurgent movement, among which the systematic use of hostage-taking practices and the consistent expansion of the principle of collective population responsibility occupied a key place. These measures were used as a tool to pressure communities, intimidate, suppress resistance, and ensure the smooth functioning of strategically important facilities, primarily rail transport and communications. Attention is drawn to the functioning of the institution of «defendants», which was based on imposing collective responsibility on residents of settlements or districts for «bandit» or «insurgent» actions. The introduction of this system was demonstrative and public: in areas declared «unreliable» by the authorities, decisions were made at general village meetings, increasing psychological pressure on the population. It has been established that since September 1922, an extraordinary «troika» began operating in the province, whose activities extended to the entire territory of Podillia. The main tasks of this body were the operational suppression of «counter-revolutionary» and «bandit» manifestations, the implementation of extrajudicial repressive actions, as well as a campaign to seize weapons from the local population, which finally consolidated the regime of terror over the region.
The Standard of Reasoning of Court Decisions Authorizing the Search of a Dwelling or Other Possession of a Person in the Practice of the European Court of Human Rights
According to Ukrainian criminal procedural legislation (Part 4 of Article 370 of the Criminal Procedure Code of Ukraine), the reasoning of a court decision constitutes a mandatory condition and an integral component of its legality and, at the same time, one of the guarantees designed to ensure such lawfulness. The requirement to provide reasons for a judicial decision serve as a legal basis for conducting an inspection or a search of a dwelling or other possession of a person and has its own specific normative enshrinement, inter alia, in Part 1 of Article 30 of the Constitution of Ukraine and Article 13 of the Criminal Procedure Code of Ukraine, being intended to guarantee the individual’s right to the inviolability of the home. In the interpreting Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, Practice of the European Court of Human Rights, instances of violations of the requirement of reasoning in procedural decisions authorizing searches of a dwelling or other possession of a person have been identified, along with legal positions and guidelines concerning the factors ensuring compliance with this requirement. Based on an analysis of these positions, it is possible to construct a standard of reasoning for court decisions authorizing the search of a dwelling or other possession of a person in the practice of the European Court of Human Rights. In general terms, the content of this standard may be summarized as follows: 1) the mere fact that judicial authorization has been granted to conduct a search of a dwelling or other possession of a person does not, in itself, ensure the lawfulness of the corresponding interference with the individual’s right to the inviolability of the home or other possession, as it does not constitute a sufficient safeguard against abuses by State authorities in the course of carrying out such an investigative measure; 2) even a well-founded but unreasoned judicial decision authorizing a search of a dwelling or other possession of a person fails to satisfy such an element of lawfulness as the necessity of the respective interference in a democratic society; a ruling of an investigating judge authorising a search of a dwelling or other possession of a person must comply with the general requirements of reasoning applicable to any judicial decision, with the exception of the obligation to address all key arguments of the defence; 3) such a ruling must contain all requisites established by criminal procedural law in a judicial decision authorizing a search of a dwelling or other possession of a person; 4) in a court decision on permission to search a person’s home or other possession, the grounds, reasons, purpose of the search and the feasibility of achieving it through a search must be specified by the circumstances of the relevant criminal proceedings and confirmed by proofs obtained in accordance with the procedure established by law; 5) in order to exclude any scope for arbitrariness on the part of the authorities conducting the search, the judicial decision authorizing a search of a dwelling or other possession of a person must clearly define the limits of the scope of the search, in particular by describing the individual characteristics of the items and documents to be sought and seized as a result of the search, as well as by personalizing the persons to be identified through the search; 6) in the event of granting permission to search an advocate’s home or other property, the investigating judge’s decision must clearly define the methods of protecting lawyer confidentiality.
practice of the European Court of Human Rights
ruling of an investigating judge authorizing the search of a dwelling or other possession of a person
Economic Security: Economic and Legal Aspects of Regulation and Safeguarding in Contemporary Conditions
The article examines the economic and legal aspects of regulating and ensuring economic security under contemporary conditions of wartime threats and multicrises. The necessity of forming a new comprehensive approach to economic security –one that integrates economic, legal, and institutional components, takes into account the complex nature of modern threats, and aligns with international standards – is substantiated. From an economic-legal perspective, economic security is defined as a state of protection of the national economic system, its institutions, business entities, and society from internal and external threats, which ensures the ability of the economy to function in a stable, predictable, and continuous manner; to preserve and expand its economic potential; to generate development, innovation, and competitiveness; and to safeguard strategic national interests under conditions of risks, crises, and shocks, including those of a military nature. It is argued that such a state is achieved through a set of economic, legal, regulatory, institutional, and organisational mechanisms aimed at identifying, assessing, preventing, mitigating, and neutralising threats, as well as maintaining economic resilience, adaptability, recovery capacity, and development. It is established that modern Ukrainian scholarship consistently and reasonably views economic security as a multilevel phenomenon comprising the macro-level (the state), the meso-level (regions/sectors), and the micro-level (business entities). The content of each level within the economic security system is clarified, and an attempt is made to answer the question of why, from a legal standpoint, such a gradation is necessary and what its practical significance is for the legal system. Several related economic-legal categories: “economic security”, “economic risk”, “economic threat”, “economic resilience”, and “economic defence capability”, are delineated, and an original doctrinal definition for each of these concepts is proposed. An original model of the economic and legal mechanism for ensuring economic security is developed. This mechanism is defined as a coherent, institutionally and normatively organised system of legal, organisational, economic, and managerial instruments designed to identify, assess, prevent, mitigate, and neutralise economic threats and risks; to ensure the resilience and recoverability of the economic system; and to protect its strategic interests in both peacetime and wartime. It is substantiated that such a mechanism should consist of four interrelated blocks: the institutional-organisational block, the normative-regulatory block, the economic resilience block, and the block of control and liability. Its architecture must be built upon the multilevel structure of economic security (macro-, meso-, and micro-levels), which enables coordination between state policy, sectoral regulation, and the behaviour of individual business entities. The article examines the experience of the European Union in the field of economic security. Taking into account the structure of the European economic-security regime, its conceptual foundations (“promote–protect–partner”), and its respective instruments (investment screening, technology control, cybersecurity, supply-chain resilience, and countermeasures against economic coercion), a set of general directions for harmonising the Ukrainian legal framework with EU approaches is proposed.
macro-, meso-, and micro-levels of economic security
mechanism for ensuring economic security
Model for Managing Psychological Safety and Resilience in Educational Institutions during War
The article substantiates the need to develop institutional approaches to managing psychological safety and resilience in Ukrainian educational institutions amid the full-scale war. The empirical data of the project «At‑Risk Mental Health Support for Ukrainian Teachers & Students» (short title — «Stress‑Free Education», implemented with the support of the Press, Education and Culture Section of the U.S. Embassy in Ukraine, served as the basis for the study and showed a significant deterioration in the psycho‑emotional state of participants in the educational process, a high prevalence of anxiety, stress and depressive manifestations, «perceptual gaps» between groups (administration, teachers, learners, parents), a low level of use of psychological services and insufficient institutional support, which strengthened the need for standardised managerial decisions. The article aims to develop and present an operational model for managing psychological safety and resilience in educational institutions during the war, based on the materials of the handbook and training course «Stress‑Free Education». The research methodology included quantitative analysis of empirical data, qualitative content analysis of the 12‑module handbook, comparison with contemporary approaches to crisis educational management, and expert validation of the model. The article presents the authors’ operational model «Stress‑Free Education», which covers six interrelated components: Governance, Risks, People, Processes, Communication, and Measurement. On the basis of this model, a 12‑month roadmap (preparation — piloting — scaling — institutionalisation), a system of multi‑level metrics (R1–R4), and managerial decisions aimed at reducing stress, increasing resilience, and strengthening the culture of psychological safety were developed. It is shown that a systemic approach combining policies, everyday practices, role‑play interventions, and regular evaluation ensures a much higher sustainability of positive changes compared to one‑off activities. The study demonstrates the high applied value of the model and its potential for scaling under wartime conditions.
conflicts in the educational environment
management of an educational institution
Geoeconomic and Innovative Aspects of the Development of Cultural Tourism in Ukraine under Conditions of Enhanced Resilience
The relevance of the study is driven by the need to strengthen the resilience of Ukraine’s cultural tourism under growing geoeconomic risks, the transformation of global tourist flows, and the necessity of integration into the international cultural and tourism landscape. Cultural tourism has become one of the key drivers of economic recovery, the formation of a positive international image, and the attraction of investments, which reinforces the importance of innovative and geoeconomic approaches to its development. The purpose of this article is to provide a scientific justification for geoeconomic and innovative mechanisms that foster the development of cultural tourism in Ukraine, enhancing its resilience, and to identify strategic directions for strengthening competitiveness in the international market. The research methodology includes a systematic approach; analysis and synthesis of scientific sources from 2020–2025; methods of comparative analysis; statistical analysis of data from UNWTO, UNESCO, and the State Agency for Tourism Development of Ukraine; as well as the case-study method for assessing innovative practices in the digitalization of cultural heritage. The results demonstrate that VR/AR technologies, 3D scanning, digital archives, interactive tourism platforms, and virtual reconstruction models increase the accessibility of cultural sites and mitigate the impacts of military and economic crises. It is emphasized that the geoeconomic perspective positions cultural tourism as a driver of international cooperation, cross-border mobility, and investment attraction. The study reveals that innovations contribute to Ukraine’s integration into the global tourism space, strengthen its position within the European geoeconomic environment, and align national practices with international standards for heritage preservation and promotion. It is established that the synergy of innovative technologies and the geoeconomic approach ensures the sustainability of cultural tourism, creates prerequisites for economic growth, and supports the effective recovery of the sector. The proposed development directions can be utilized by government authorities, tourism operators, and cultural institutions for strategic planning and expanding international cooperation.
The Standing Of International Humanitarian Law Within The Contemporary International Legal System
The article presents both theoretical and practical reflections on international humanitarian law as a part of public international law. The author analyses the principle of legal certainty as an integral component and foundation of any normative legal regulation within a specific legal field. A correlation is drawn between international humanitarian law and related branches of international law, such as international criminal law and international human rights law. The study discusses the fundamental principles of international humanitarian law in the context of contemporary approaches to its interpretation as jus in bello, with references to previous definitions. The article analyses the definition of international humanitarian law in the context of balancing its two main principles: military necessity and humanity. A distinction is made between international humanitarian law and international human rights law. The study explores scholarly approaches to understanding the interrelationship and mutual influence of international humanitarian law and international human rights law based on the principles of complementarity and affinity. Consequently, the differences between international humanitarian law and international human rights law are identified. The author analyses practical examples of differentiating these branches of public international law at the present stage based on the lex specialis principle. The article also identifies future trends in the continued mutual development of international humanitarian law and international human rights law. It explores the influence of international criminal law on international humanitarian law, establishing that the field of international criminal law complements international humanitarian law, especially when it comes to the practical application of international criminal law norms in punishing acts that fall under the prohibitive norms of international humanitarian law. Finally, the article systematizes approaches to the integration of elements within the system of public international law.
fundamental rights and freedoms of individuals and citizens
Features of the Reform of Forest Legislation in Ukraine in the Post-War Period
Legal issues related to the reform of forest Legislation in Ukraine are studied, which is critically necessary at present and in the post-war period to restore and preserve the natural potential of the state's forest fund and the ecosystem of Ukraine's forests for the ecological well-being of our country in the future. The author analyzes information from official sources and provides statistical data on the ecological situation of Ukraine's forests, which is currently extremely critical due to the war. Hundreds of thousands of hectares of forests in our country have been destroyed, making them unsuitable for the existence of animal and plant life. The lands of such forests are covered with craters formed by the explosions of mines, bombs, missiles, and other military munitions, which destroy the forest ecosystem. The soil cover of forests in the areas where military operations are taking place and in the surrounding areas is eroded. The author studies and analyzes regulatory and legal acts in the field of forest relations, which are aimed at reforming the latter. The article, based on an analysis of the legislative framework in forestry management, identifies several legal gaps within it. One of the key points proposed in the scientific article is the need to create a program for demining, restoration, protection, and rational use of forest resources in the state by developing a separate section, "State and Legal Policy of Forests of Ukraine," in the Forest Code of Ukraine. Such a program should become a roadmap for ensuring the ecological well-being of our country's forests and for sustainable forest use in the future in accordance with the requirements of the European Union. The author also proposes supplementing the Forest Code of Ukraine with specific norms that would regulate legal relations related to the conservation and reclamation of forestry lands in Ukraine, as well as the implementation of accounting and monitoring of biodiversity in forests. According to the scientist, it is appropriate to develop local "district and regional" forest restoration programs at the regional level. As an extremely important step at the legislative level, the article justifies the need to develop and approve a financial and legal mechanism to ensure the implementation of appropriate demining and forest restoration work in our country.
Quality of Commercial Court Judgments and Its Impact on Ensuring the Consistency of Case Law
The article examines the criteria for assessing, guaranteeing, and ensuring the quality of commercial court judgments, as well as the impact of the quality of judicial decisions on maintaining judicial unity. A definition of the quality of a commercial court judgment is proposed, understood as an integral legal characteristic of the outcome of the administration of justice in commercial disputes, which reflects the degree to which the content, form, and reasoning of the judicial decision comply with the requirements of legality, substantiation, fairness, foreseeability, clarity, coherence, and consistency with uniform (settled) judicial practice; ensures the implementation of the rule of law; and guarantees the effective judicial protection of the rights and legitimate interests of participants in commercial legal relations. It is argued that the unity of judicial practice in commercial adjudication constitutes a state of consistency, coherence, and stability in the law-application activities of commercial courts at all levels, which ensures uniform interpretation and application of norms of commercial, civil, and procedural legislation in similar legal relations, promotes the foreseeability of judicial decisions, strengthens legal certainty in the sphere of commercial ties, and reinforces business actors’ trust in the judiciary. Its nature is twofold: procedural-legal, ensured by institutional mechanisms; and substantive-logical, manifested in the consistency of argumentation, the reasoning of judgments, and the logical coherence of legal conclusions, that is, in the quality of judicial acts as such. The boundaries between the notion of the quality of a judicial decision and such concepts as legality, substantiation, fairness, legitimacy, and effectiveness of a judicial decision are outlined. A system of derivative (secondary) micro-principles is proposed, specifying how the general foundations of commercial adjudication are operationalised within the structure and content of a commercial court judgment. The system of guarantees is elaborated, and the system of criteria for evaluating the quality of commercial court decisions is analysed, with proposals introduced for its improvement and supplementation under current conditions. In particular, the article proposes the introduction of a new criterion for evaluating the quality of a commercial court judgment — operational and economic resilience. This criterion should be understood as the capacity of a judicial decision to be enforceable, economically viable, resilient to external shocks (military, logistical, currency-related, inflationary, etc.), and not to generate new or excessive risks for the parties to economic circulation.
criteria for the quality of judicial decisions
guarantees of the quality of judicial decisions
Public Participation in the Development and Implementation of the National Security Strategy of Ukraine
The article is devoted to the analysis of public participation in the formation and implementation of the national security strategy of Ukraine, as well as to the identification of problems and prospects in this area. The author summarizes the concept of public participation. It is emphasized that public participation is a process by which citizens are involved in public administration decision-making, policy development, planning, and implementation of projects that affect their lives and society as a whole. The legal and legislative framework for public participation in the formation and implementation of the national security strategy of Ukraine is outlined. The role of non-governmental organizations, think tanks, and expert groups involved in monitoring national security issues is revealed. Among them are: The Center for Army, Conversion and Disarmament Studies, the Come Back Alive Foundation (since 2024, the PZ Initiatives Center), the Center for Media Reform (StopFake), the Institute for Information Security, the Center for Civil Liberties, and the Public Committee for National Security of Ukraine. Some dialogue platforms for discussing national security issues are described, in particular, at the local level: group discussion, focus group, street survey, research walk, open meeting, workshop of ideas (workshop). The analysis of the scientific publications allowed us to identify the levels of public participation and their impact. In particular: I manipulation, II therapy, III informing, IV consulting, V taking into account opinions, VI partnership, VII delegation of authority, VIII public management. The author emphasizes the last three levels, which are characterized by real (effective) participation of citizens in the process of planning, making, and implementing public administration decisions in the form of partnership, referendums, etc. The author analyses the key problems of public participation in the formation and implementation of the national security strategy of Ukraine, namely: insufficient transparency of processes, limited opportunities for involvement, low public awareness, lack of effective feedback mechanisms, insufficient support for public initiatives, information manipulation and disinformation, and lack of a unified policy on public security. The author outlines the ways to solve the problems and eliminate their consequences, and proposes promising directions for the development of public participation in the formation and implementation of the national security strategy of Ukraine.
Systematization of Non-State Entities of Crime Prevention in Ukraine
The article is devoted to understanding the need to organize and systematize non-state subjects of crime prevention, to comprehend their role and methods of participation in preventive activities. The relationship between the functional capabilities of non-state subjects of preventive activities and their place in the system of non-state subjects of crime prevention as a whole is studied. The scientific approaches to the systematization of crime prevention subjects are analyzed, their consideration by scientists as a list of individual subjects, and their unification into a holistic system. The importance and expediency of applying a systemic approach to resolving the issue of the place of non-state subjects of crime prevention in the general structure of crime prevention in Ukraine are argued. It is determined that the sphere of influence of non-state subjects of crime prevention is much wider than state influence, and the methods of carrying out activities are more diverse and flexible. The article also highlights the problems and prospects of systematization of non-state sector entities in the field of crime prevention. Recommendations are also provided for improving legislative regulation and protecting the capabilities of non-state entities in the field of crime prevention. A correlation is made between ensuring the legal framework and organizational principles of the activities of non-state entities of crime prevention on a par with state entities and the effectiveness of their activities. The first stage in legislative support is proposed as the systematization of non-state entities of crime prevention. It is proven that when systematizing non-state entities of crime prevention and distributing their competence, criteria, and methods developed in relevant modern scientific sources should be applied. Further steps towards systematizing non-state entities of crime prevention and including them in the general system of entities carrying out preventive activities are clarified. Priority areas for further development of the non-state sector in Ukraine and the possibility of including non-state actors in the general system of crime prevention actors, with the possibility of establishing relationships and inter-functioning of state and non-state actors, are proposed.
systematization of crime prevention actors
Vasyl Topolnytskyi in the Context of the Formation of the Ukrainian Cooperative Movement in Canada
The article explores the personality of Vasyl Topolnytskyi — an ideologist, founder, and organizer of the Ukrainian cooperative and credit movement in Canada during the first half of the twentieth century. It highlights his life path, the social environment of his formation, and the key factors that shaped his worldview and determined his active participation in Ukrainian public life overseas. The study analyses Topolnytskyi’s contribution to the development of cooperative ideas among Ukrainian immigrants, as well as his understanding of cooperation as an effective means of economic self-help, social integration, and national consolidation. The article identifies the contribution of the cooperative structures he established to strengthening the economic, cultural, and national foundations of the Ukrainian community in Canada. Special attention is given to Topolnytskyi’s founding of the first Ukrainian credit unions, particularly “Carpathia Credit Union”, which became a center not only of financial assistance but also of cultural and educational activity. The mechanisms of organizing and managing cooperative institutions are examined, including the principles of financial responsibility, trust, and mutual support that he consistently implemented in practice. The study outlines the impact of the economic crisis of 1929–1930 on the cooperative movement and Topolnytskyi’s role in its revival and adaptation to new social conditions. The article emphasizes Topolnytskyi’s leadership qualities and communicative skills, as well as his ability to unite the community around common national, cultural, and socio-economic goals. His activity as a publicist, editor, and civic leader is also examined — one who shaped public opinion, promoted cooperative ideas through the press, and strengthened the sense of solidarity among Ukrainians in Canada. His work is shown to have not only economic but also ideological significance, affirming the values of active citizenship, service to the common good, and responsibility toward the nation. The study concludes that Vasyl Topolnytskyi made a significant contribution to the history of the Ukrainian cooperative movement and to the development of the social and cultural life of Ukrainians in Canada. It stresses the need for further comprehensive research into his life and intellectual legacy as an integral part of the history of Ukrainian emigration, its socio-economic institutions, and its strategies of cultural self-preservation.
Finance, Banking, Insurance and Stock Market
Reconsidering the Methodology of Civil Procedural Law in the Conditions of Global Integration And Digitalization of Judicial Procedure
Global processes of international integration and deepening cross-border cooperation, coupled with the digitalization of the judiciary, necessitate a fundamental rethinking of the content and structure of the methodology of civil procedural law. The methodology currently employed is not fully capable of comprehensively revealing the subject of research in all its diversity and integrity, as it is somewhat outdated and fails to account for the self-development of procedural law and contemporary societal realities. In practice, this leads to numerous problems created by methodologically unjustified innovations within civil procedural law. This research aims to define the structure and characteristics of the methodology of civil procedural law at the current stage of legal science development. All methods of scientific cognition were utilized to achieve this objective. It is emphasized that the pluralistic approach to the structure of scientific methodology is the most relevant to the needs of modern legal science. According to this approach, hierarchical links between methodologies, techniques, and methods are neutralized, acknowledging the inherent value of each specific methodology, technique, and method, both individually and in combination with others. Based on the analysis of doctrinal works (including legal doctrine) and the author’s practical experience in civil procedural activities, the methodology of the science of civil procedural law is defined as a system of methods used to obtain new knowledge and to improve and complement existing knowledge about the objects that constitute the subject of scientific cognition within civil procedural law. The structure of civil procedural law methodology includes general scientific, general legal, special (specifically legal), and innovative research methods (methodological innovations). Overall, the rapid development of digital technologies and other transformational processes in Ukrainian society and law, caused by the war, necessitate a revision of the methodology of legal doctrine in general, and civil procedural law in particular.
Protection of Intellectual Property Rights in the Field of Circulation of Cryptocurrency in Digital Markets
The article examines the legal, technological, and international aspects of protecting intellectual property rights in the sphere of circulation of cryptocurrencies, in particular Bitcoin and Ethereum, and USDT on digital markets. The features of the prospective legal regulation of the circulation of cryptocurrency assets on digital markets are considered. The need to create a separate legal regime for a certain type of cryptocurrency, which differs from the legal regulation of monetary, currency circulation, securities circulation, and other types of assets, is determined. The rapid legalization of cryptocurrencies in leading jurisdictions contributes to the growth of asset circulation in these markets and, accordingly, there is a need to introduce and improve legal regulation and patent protection of intellectual property rights. It is important to understand that if the code itself is protected by copyright, then technological solutions can be objects of patent law provided that they meet the patentability criteria. At the international level and in leading countries of the world, the content of regulatory regulation and law enforcement practice indicates the patentability of blockchain technologies. The legal aspects of patent protection of cryptocurrencies and blockchain technologies are studied in the context of the development of the digital economy and the formation of digital markets. The limits of recognizing cryptocurrencies or related technological solutions as objects of patent law are analyzed, and the main barriers on this path are identified, related to the decentralization and anonymity of cryptocurrency turnover, its cross-border nature, the complexity of proving the inventive step due to the open nature of many blockchain developments, the uncertainty of the legal status of cryptocurrencies in most countries and direct objects of patenting in the cryptocurrency environment, the transience of innovations in the field of digital finance. The directions of development of regulatory influence in the field of patenting of blockchain solutions, the prospects of adapting Ukrainian legislation to the challenges of digital markets, its harmonization with the norms of European legislation, and improving law enforcement in Ukraine are identified.
Legal Protection of Works Generated by Artificial Intelligence Systems
The article examines the most promising models of legal protection for works generated by artificial intelligence (AI), taking into account the specifics of copyright law and the dynamics of technological development. It is established that due to the anthropocentric approach to authorship, the legislation of most countries does not ensure copyright protection for AI-generated works. Even the concept of computer-generated works, introduced in the legislation of some jurisdictions, does not fully resolve the complex issues arising from the creation of works involving AI. However, it grants authorship to those who develop and operate AI systems. In contrast, another concept treats AI-generated works as part of the public domain. While this approach may benefit society as a whole, it proves disadvantageous for those who invest in and utilize AI systems. The article also analyses the emerging concept of “electronic persons,” which proposes attributing legal personality to autonomous AI systems. This approach is considered more flexible, as it allows the AI system itself to hold copyright, while enabling the owner to exercise control over its implementation. However, this model requires further technological progress and legal recognition, potentially linked to the development of Artificial General Intelligence (AGI). Attention is drawn to the fact that Ukrainian legislation already contains norms regulating relations concerning AI-generated objects, granting them a sui generis form of protection. However, such protection applies only to non-original objects and does not include moral rights. Therefore, the article emphasizes the insufficiency of the existing regulatory framework and the need to improve it, taking into account technological developments and international legal trends.
Economic Analysis Of The Application Of Artificial Intelligence In Public Administration In Ukraine
The article provides a comprehensive economic analysis of the potential of artificial intelligence in the public administration system of Ukraine. From the standpoint of public finance and economics, the article focuses on the key benefits: automation of routine administrative procedures, increased productivity of public services, increased transparency of processes to minimize corruption risks, and improved quality and personalization of public services through machine learning. Methodologically, the study is based on Cost–Benefit Analysis, comparison of domestic practice with the international experience of European countries, as well as SWOT analysis and scenario forecasting for optimistic, basic, and pessimistic developments. The comparative study examines different models of organizing digital transformation projects, which allows us to identify the institutional and financial prerequisites for the effective launch of AI systems. Special attention is paid to investment policy: improving digital infrastructure (national data centers, cloud services, high-speed network access) and targeted human capital development through the training of AI specialists. The analysis of national challenges encompasses the issues of digital inequality in rural areas, outdated state registries, heightened cyber risks under martial law, and the trend of IT personnel emigrating abroad. Ethical and legal aspects are also considered, such as the harmonization of national legislation with the provisions of the European Artificial Intelligence Act and ensuring the responsible use of algorithms. Based on the collected data, the author formulates practical recommendations: creation of a specialized fund to support innovations in the field of AI, introduction of tax incentives for startups and IT companies, development of a single integrated platform of government data with built-in AI analytical tools, organization of regional competence centers, and independent ethical and economic audit of algorithmic systems. The author emphasizes that the strategic introduction of artificial intelligence into public administration can lead to an increase in the efficiency of resource use, a strengthening of public trust in public institutions, and long-term socio-economic development in Ukraine.
Experience Of Foreign Countries In Implementing Digital Technologies In Waste Management
The foreign experience of implementing digital technologies in waste management has been analyzed, and the potential for their adaptation in Ukraine has been identified. The study covers countries with varying levels of economic development and diverse technological solutions, providing a broad range of approaches to waste management. The analysis of selected countries is based on reports such as the Global Waste Management Outlook 2024, What a Waste 2.0 Update, and the European Environment Agency 2024. Primary focus is given to Internet of Things (IoT), artificial intelligence (AI), blockchain, big data, and mobile applications, their key applications in waste management, quantitative outcomes, and institutional and financial mechanisms for implementation. IoT is applied for monitoring container fill levels, waste sorting, logistics optimization, and environmental monitoring. For instance, in Barcelona (Spain), IoT-enabled containers reduced waste collection frequency by 20–50 %, lowering CO2 emissions, while in Singapore, IoT systems with GPS trackers cut transport costs by 15 %, saving $2 million annually. AI is utilized for automated sorting (Tokyo, Japan: 95 % accuracy, 30 % increase in plastic recycling) and logistics and recycling optimization (Munich, Germany: 65 % waste recycling, €5 million annual savings). Blockchain ensures transparency in the recycling chain, as in China, where the AntChain platform tracks 1.2 million tons of plastic, reducing illegal dumping by 12 %. Big data facilitates waste volume forecasting and process optimization, as seen in the USA (Rubicon Global), while mobile apps like Recycle Coach (Canada/USA) and TrashOut (Slovakia/Czechia) enhance citizen engagement in sorting and environmental initiatives. In Ukraine, where waste management is hindered by war and limited resources, adapting these technologies holds significant potential. Pilot implementation of IoT sensors in cities, expansion of the Sortuy app’s functionality by integrating a map of construction waste disposal sites, IoT monitoring, and blockchain for transparency are proposed. Implementation requires international funding, grants, infrastructure modernization, and legislative support. Adopting digital technologies could lead to savings (up to 30 % of disposal costs), reduced environmental impact, and the development of a circular economy in Ukraine.
Legal Features Of Land Reclamation In Ukraine During The Reconstruction Period
The legal relations regarding land reclamation following the signing of an international agreement between Ukraine and the United States on the extraction of minerals from Ukraine’s subsoil are being investigated. The article examines the ecological state of Ukraine's lands, which are degraded, damaged, and polluted due to both military actions and anthropogenic pressures. The scientist analyzes modern Ukrainian land, mining, and environmental legislation, which is related to reclamation legal relations. The scientist analyzes modern Ukrainian land, mining, and environmental legislation related to reclamation legal relations. The international legal experience of legislative support for the reclamation of land plots affected by mineral extraction is also studied, namely in EU countries, and it is proposed to borrow the development and adoption of a nationwide program for soil protection and reclamation at the state level. It is such a regulatory and legal document in the form of an international agreement between the USA and Ukraine that will be able to ensure the priority of environmental safety requirements and the rational use and protection of lands by the provisions of land legislation and the goals of sustainable development of Ukraine in the future after the reconstruction of our state. The article proposes amendments to the tax legislation of Ukraine regarding the establishment of preferential conditions for taxation of land plots that, after mining operations, are degraded, damaged, and polluted and require reclamation by means of a phased restoration of their landscape structure. Such a legal mechanism will ensure a reduction in the financial burden on investors and will serve as a certain guarantee for the effective restoration of such lands. In terms of the investment attractiveness of Ukrainian lands for investors in mineral extraction and subsequent land restoration through reclamation, it is proposed to introduce crowd investing at the legislative level as an effective economic mechanism for external investment in our land resources. It is widely used in EU countries as an economic and legal mechanism to support and develop the investment fund of the respective state.
The National Bank Of Ukraine As A Party To A Court Proceedings
The purpose of the article is to determine the procedural status of the National Bank of Ukraine in administrative, civil, and commercial cases, as well as to develop scientifically sound proposals for improving the current legislation governing the activities of the National Bank of Ukraine. It has been established that the correct determination of the procedural status of the National Bank of Ukraine is complicated by its plural legal nature, since it may be a party to a court case and act on its behalf as a subject of authority or as a party to civil or economic relations, and also act in court on behalf of the State represented by the National Bank of Ukraine as the relevant public authority within its competence. Therefore, in each particular case, one should proceed from the essence of the disputed legal relationship to consider which entity is their direct participant, and what rights and obligations arise from such legal relationship. When determining the entity that will compensate for the damage caused by the National Bank of Ukraine (its officials), one should proceed from the nature of the legal relationship that will determine the application to a judicial institution for protection. If the claims are related to the activities of the National Bank of Ukraine as a public authority, they will be based on Articles 1167, 1173–1175 of the Civil Code of Ukraine; if such requirements are made to the National Bank of Ukraine as a party to civil or commercial relations, they should be guided by Articles 1166, 1167, 1172 of the Civil Code of Ukraine. In addition, given the plural legal nature of the National Bank of Ukraine, the issue of appealing a decision, acts, or omissions by the National Bank of Ukraine itself or its officials and employees, and engaged experts should be resolved. In administrative, civil, and commercial proceedings, the National Bank of Ukraine may be granted one of the following procedural statuses of a party to a case: plaintiff, defendant, third party, bodies, and persons, who are entitled by law to bring an action in the interests of others. Besides, in cases specified by law, the National Bank of Ukraine acts in court proceedings on behalf of the State. In this case, we can speak of its self-representation. Given the existence of general rules on compensation for damages, as well as provisions on the procedure for appealing against decisions, acts or omission by public authorities, it seems inappropriate to enshrine special rules on filing claims against the National Bank of Ukraine in the Law of Ukraine “On the National Bank of Ukraine”, as they lead to conflicts in the legal regulation of the relevant issues and do not consider plural legal nature of the central bank of Ukraine. In this regard, it is proposed to exclude Parts 2, 3 and 5 of Article 64-1 of the Law of Ukraine “On the National Bank of Ukraine”, while supplementing this Law with a new article “Liability for damage caused by the National Bank of Ukraine and persons associated with the National Bank of Ukraine”.
Experience Of The Republic Of Poland Regarding The Normative And Legal Definition Of The Concept Of Corruption
The scientific works are studied, as well as the provisions of the current legislation of the Republic of Poland in terms of the regulatory and legal definition of the concept of corruption. The theoretical justifications of Polish scientists regarding the need to consider the phenomenon of corruption through the prism of processes inherent in today's socio-economic realities are established. Common and distinctive features of the method of legally enshrining the definition of “corruption” in the legislation of Ukraine and the Republic of Poland are identified. The absence of a definition of the concept of “illegitimate benefit” and a broad interpretation of its forms due to the use of the attribute “any” are revealed. Therefore, the establishment of property and personal benefit and, as a result, its illegality is a rather general and unclear process that requires recourse to judicial practice. The article emphasizes the differences in the legislative definition of the terms “unlawful benefit” and “unlawful advantage”, as well as their definitions in the theory of criminal law. Even though the Civil Code of the Republic of Poland contains the concept of “unlawful advantage”, the use of its features when establishing “unlawful benefit” is erroneous. Unlawful advantage is a special (separate) type of unjust enrichment, which significantly narrows the list of possible forms of unlawful benefit. It is found that bringing a person to criminal liability for committing acts of corruption is possible not only by applying the legal norms of the Criminal Code of the Republic of Poland, but also by applying the provisions of other laws. Some legislative acts were identified that contain an indication of the unlawful behaviour of a person and possible forms of punishment in the event of committing such an act (Laws of the Republic of Poland “On Pharmaceutical Law” and “On Reimbursement of Medicinal Products, Special Food Products and Medical Products”). It was established that despite the provision of a separate Chapter XXIX “Crimes against the activities of state bodies and local self-government bodies” in the Criminal Code of the Republic of Poland, there are some articles from other Chapters that indicate criminal liability for corruption offenses (electoral, administrative, economic, creditor, tender, etc. corruption). The provisions of several Polish laws establishing criminal liability for corruption-related offenses have been analysed. Discrepancies have been identified between the Ukrainian and Polish legal systems, particularly in the area of extra-codified criminal law provisions. Drawing on the analysis of current Polish legislation and the doctrinal positions of Ukrainian criminal law, potential approaches for incorporating foreign experience to address specific issues have been proposed.
corruption, offence, crime, official, foreign experience
The Role Of Socio-Political Leaders Of Podillia In The Struggle For Independence In March–July 1917
In this article, the importance of studying the activities of the socio-political leaders of Podillia in March–July 1917 and recognizing their role in the formation of Ukrainian statehood was emphasized. The challenges faced by the Ukrainian movement after the February Revolution in the russian empire were outlined. Based on an official memo addressed to the Podillia Provincial Gendarmerie Administration, a description of the level of national consciousness of the region's inhabitants was provided. The existence of certain Ukrainophile circles of the Ukrainian intelligentsia in Podillia that supported ideas of cultural autonomy within the empire was noted. An analysis of research and publications concerning the activities of social and public institutions of Podillia during this period was conducted, and the importance of honoring the contributions of the region’s Ukrainian movement leaders — namely, Panteleimon Yosypovych Blonskyi, Mykola Ananiyovych Stakhovskyi, and Dmytro Vasylovych Markovych — was recognized. The personal role of these figures in the Ukrainization of the imperial public administration system at the regional level during March–July 1917 was stressed. This process took place under conditions of low national self-awareness among the Ukrainian ethnic population, proximity to the front line (which entailed the deployment of numerous military units), and the absence of an autonomous or independent public administration system. Archival materials preserved in the Central State Archive of Supreme Authorities and Government of Ukraine and in the State Archives of Khmelnytskyi and Vinnytsia regions, along with newspaper publications and contemporary memoirs, were analyzed. Based on these sources, the conditions under which Blonskyi, Markovych, and Stakhovskyi operated were highlighted. Their decision-making allowed for characterizing their personality traits, which helped them gain widespread public support and contributed to the growing authority of the Ukrainian movement overall. The activities and significance of the Podillia Provincial Ukrainian Council as the leading body of the Ukrainian movement were outlined, as well as the conditions under which the First Universal of the Ukrainian Central Rada was communicated to the public and the Podillia Provincial Zemstvo Assembly.
Subjects Of Civil Liability For Damage Caused By The Use Of Artificial Intelligence Under The Legislation Of The Eu And Ukraine
The issues of civil liability for damage caused through the use of artificial intelligence are under examination. Trends in the development of legal doctrine have been identified, according to which such damage is, in certain cases, considered either as arising from a source of increased danger, or as a special tort, or as a general tort. The specific features of civil liability for damage caused by artificial intelligence are established. The necessity of developing improved approaches to the regulation of civil liability, taking into account the existing specificities, is substantiated. The legislation of the European Union regulating issues of civil liability for damage caused by the use of artificial intelligence has been analysed. The analysis reveals trends according to which: (1) liability is imposed on a person; (2) priority is given to the liability of the operator of the artificial intelligence system; (3) liability is distributed depending on whether the damage was caused by an artificial intelligence system classified as high-risk or not. The analysis also highlights the specific features of the European Union legislation, which establishes additional requirements for the operation and implementation of artificial intelligence systems classified as high-risk. This regulatory approach aims to protect society, individuals, and the environment from the potential harm such high-risk AI systems may cause. The analysis shows that the reliability of such systems can be ensured through the implementation of specialized technical solutions, including mechanisms for control, self-diagnosis, and risk assessment. It is also substantiated that all activities involving artificial intelligence in areas of increased danger, particularly in the operation of motor vehicles, unmanned aerial vehicles, and other sources of heightened risk, must be conducted exclusively under conditions of mandatory liability insurance. Such an approach forms a preventive mechanism for compensating potential risks.
Project Activities Of Public Authority Bodies As A Tool For Improving The Quality Of Cultural Services
The article analyses the practical aspects of implementing a project approach by local governments and civil society institutions in territorial communities of the Kharkiv region in order to improve the quality of cultural services provided to the population. The study showed that joint implementation of cultural projects contributes to more efficient use of resources, increased community involvement in cultural life, and the creation of a more inclusive cultural environment. It has been found that effective cooperation between government bodies and public institutions within territorial communities ensures an increase in the quality of cultural services, contributes to the formation of sustainable partnerships, and activates the development of local cultural potential. The article reveals the importance of applying project management methods and approaches to the development of territorial communities. It is recognized that the project approach achieves changes in the socio-economic and cultural development of territorial communities, adjusting the behaviour of society. The examples of successful practices of territorial communities of the Kharkiv region prove the importance of synergy between public authorities and civil society institutions in the implementation of international and grant projects that promote the accessibility and quality of cultural services. It has been proven that the use of a project approach and project management in the development of culture in territorial communities is an effective tool for activating cultural life and expanding the range of cultural services. This approach ensures the involvement of the community in the processes of planning and implementing cultural initiatives, promotes the introduction of modern technologies, and increases the competitiveness of the services provided. It was found that the main methods of implementing cultural policy based on a project approach are: developing new cultural programs, establishing partnerships to attract grant funding, integrating digital tools into the cultural sphere, decentralizing cultural services, and supporting the development of creative industries. It was found that the comprehensive application of these methods contributes to an increase in the level of cultural education of the population, the formation of social cohesion, the creation of new jobs in the field of culture, and the strengthening of the tourist attractiveness of the community. Project management is a key factor in the systemic development of the cultural sphere in territorial communities, which allows for the effective implementation of innovative initiatives, the attraction of additional resources, and the provision of wider access to cultural goods.
Procedural Features Of Consideration And Resolution Of Adoption Annulment Cases
The purpose of the article is to identify the features of civil proceedings in cases of adoption annulment, as well as develop scientifically sound proposals for improving Ukrainian legislation with a view to eliminating the identified conflicts, gaps and inaccuracies in the legal regulation of the relevant issues. It has been determined that the list of persons enshrined in Article 240 of the Family Code of Ukraine is illogical and inconsistent with the principles of civil proceedings. After all, any person is entitled to file a claim for the adoption annulment if he(she) believes that the existence of such legal relations violates, does not recognize or disputes his(her) rights, freedoms or interests. At the same time, the guardianship and custody authorities and the prosecutor are not direct participants in the relevant disputed legal relations, so they can be neither plaintiffs nor defendants in such cases and should always be endowed with the procedural status of the body and person who is legally entitled to appeal to court in the interests of other persons. The Ukrainian Parliament Commissioner for Human Rights is also authorized to apply to the court with the request to annul the adoption in the interests of other persons, although he(she) is not included in the list enshrined in the Article 240 of the Family Code of Ukraine. It has been substantiated that in the absence of a dispute over the right to adoption annulment, it is more appropriate to consider it in a separate proceeding. This will fully comply with the general principles of civil proceedings and the essence of special proceedings. Since cases involving the adoption annulment, especially of a child, are often characterized by a significant psychological load, it has been argued that in such cases a psychologist in the procedural status of a specialist or an expert should necessarily participate in the process of consideration and resolution of the case. Based on the results of the study, it has been stated that domestic family and civil procedural legislation currently does not fully regulate all important aspects related to the consideration and resolution of cases involving the adoption annulment. Therefore, they need to be amended. During the consideration and resolution of relevant civil cases, it is necessary to correctly determine the composition of the parties to the case, and to endow them with the procedural status in accordance with the purpose and role of their participation in the court proceedings.
Development Of Open Reviewing In The Paradigm Of Open Science
The article is dedicated to current issues of the development of open reviewing in the context of the paradigm of open science. It is dedicated to the memory of the Doctor of Economic Sciences, Professor Vasyl Ivanovych Pyla, who contributed valuable insights to the review of scientific research. Attention is drawn to the problem of the limited accessibility of reviewing materials from past years. It is stated that the practice of open reviewing has not yet become widespread in Ukraine. The essence of the concept of open science and the process of its implementation in Ukraine are considered. In particular, a review of regulatory legal acts adopted in Ukraine since 2018 to ensure open access to scientific results, implementing the foundations of open science, and developing relevant infrastructure, including the National Repository of Academic Texts, has been prepared. Foreign publications dedicated to the essence of open reviewing, which were published from the 1980s to the present day, are analysed. Special attention is paid to the systematization of the advantages of open reviewing for increasing the responsibility of experts, improving the quality of expertise, developing modern scientific communication, and training young scientists. The problems and risks of scientific reviewing are considered, and it is shown how open reviewing can contribute to overcoming them. The author’s understanding of how open responsible reviewing can be practically implemented on the platform of the National Repository of Academic Texts, including a short presentation of the ethical principles and obligations of reviewers, is proposed. The need to spread open scientific practices, including open peer review, is emphasized. The importance of further research in this area is shown, particularly by the systematization of foreign and domestic experience and the development of proposals for implementing best practices of open peer review in Ukraine.
Pension Security Of Military Personnel In The System Of Social Funds Of Public Finance
The scientific article systematizes approaches to pension provision for military personnel in the system of social funds of public finances. The regulatory and legal framework of the pension provision system for persons discharged from military service is analysed. Attention is focused on the constant growth of pension payments to persons discharged from military service. The dynamics of pension payments to military pensioners in Ukraine for the period 2017–2023 and the first half of 2024 were analysed. The organizational and legal approaches to the recalculation of pension payments to persons discharged from military service were summarized. The features of methodological approaches to the indexation of pensions to military pensioners were emphasized. The main indicators that affect the growth of pension payments when recalculating pensions for military pensioners are determined. Changes in the breakdown of types of pensions assigned to persons discharged from military service are shown. One-time payments to military personnel from the State Budget of Ukraine are highlighted and characterized. Social payments from the local budget of the Khmelnytskyi City Council to family members of the fallen defenders of Ukraine are described. One-time cash payments to military personnel and members of their families from the state and local budgets are identified as an important addition to the pension provision of military personnel and necessary financial support for their families. It is substantiated that one-time benefits should not be affected by personal income tax. An analysis of the pension provision of military pensioners in individual NATO member countries was carried out. The necessity of concluding bilateral international agreements with NATO member countries in the post-war period of reconstruction of Ukraine was proved. The expediency of obtaining access to the methodological study of pension programs of the Alliance countries and to the experience acquired by them for consideration in domestic practice was emphasized.
indexation of pensions for persons discharged from military service
recalculations of pensions for military pensioners
one-time payments to military personnel from state and local budgets
The Right To Respect For Private And Family Life For Individuals Sentenced To Life Imprisonment Aligns With The European Court Of Human Rights Practice Concerning Ukraine: Short-Term Trip Outside The Border Of The Penalty Institution
The Constitutional Court of Ukraine has declared certain provisions of Part 1, Article 111 of the Criminal Executive Code unconstitutional due to their inapplicability to life-sentenced prisoners’ right to short-term leave from the penal colony. This decision represents an unexpected shift in Ukraine’s criminal justice policy, particularly at a time when the country faces an existential threat from russia’s full-scale invasion. Despite the fact that the institution of short-term leave for convicted persons from correctional facilities due to exceptional personal circumstances has not been overlooked in criminal executive law, the conducted analysis indicates that no scholars have questioned the constitutionality of Article 111 of the Criminal Executive Code of Ukraine. The reviewed works do not suggest that legal recognition of the right of life-sentenced prisoners to short-term leave from correctional facilities under exceptional personal circumstances has been considered a means of improving Ukraine’s criminal justice policy. The Constitutional Court of Ukraine bases its conclusion, first, on the fact that the right of life-sentenced prisoners to short-term leave to visit a gravely ill close relative or attend their funeral derives from an applicable international standard reflected in international instruments and the case law of the European Court of Human Rights (ECtHR). Second, agreeing with the complainant, the Constitutional Court of Ukraine holds that the legislative prohibition on short-term leave from a correctional facility for life-sentenced prisoners to visit a gravely ill close relative or attend their funeral contradicts human dignity as an integral component of the constitutional ‘right to respect for private life’. The research conducted in this article has not confirmed the existence of an international standard recognizing the right of life-sentenced prisoners to short-term leave from a correctional facility due to exceptional personal circumstances, nor the corresponding obligation of the state to ensure such a right. No such imperatives have been identified in the international legal instruments binding on Ukraine or in the case law of the European Court of Human Rights (ECtHR). The article also presents arguments demonstrating that the Constitutional Court of Ukraine’s interpretation of the concept of ‘human dignity’ contradicts the principles of law and the rules of formal logic.
right to respect for private and family life
short-term trip outside the border of the penalty institution
Features Of The Use Of Tax Preferences In The Taxation Of Small Business Entities In Ukraine And Some Foreign Countries: A Comparative Analysis
The scientific article analyzes the performance indicators of small business entities in Ukraine and certain foreign countries. The differences between some performance indicators of small business entities in the member states of the European Union and Ukraine are identified. The low indicators of small business activity in Ukraine are emphasized. Attention is focused on the low indicators of employment of the population in small businesses and sales of products by Ukrainian small business entities, compared to EU member states. The peculiarities of the taxation of small businesses in some foreign countries are summarized. A flexible system of tax benefits and peculiarities of using special tax regimes for small businesses in some foreign countries are established. Three groups of tax benefits with their characteristic features in foreign countries are identified and characterized. The first group includes tax benefits that allow you to reduce the amount of income through various deductions. The second group is made up of tax benefits that allow you to reduce the amount of income tax on taxable income. The third group is made up of tax benefits that provide exemption from the obligation to pay a certain type of tax. The simplified taxation system in Ukraine is identified as the main form of state support for small businesses. It is proposed that the performance of small businesses in Ukraine be improved through the use of a flexible system of tax benefits in taxation, taking into account the generalized experience in the studied foreign countries. The generalized range of benefits includes introducing differentiated tax rates on profit tax for newly established small businesses under the general taxation system. The necessity of preserving the simplified taxation system in the post-war period of Ukraine’s reconstruction is proven.
Peasant Uprisings In Podolia in 1920–1921
We investigate the features of the integration of Ukrainian territories into the Bolshevik state after October 1917, when the Soviet authorities perceived Ukraine as a key element of a centralized system possessing significant economic, demographic, and food resources. The change in the ideological orientations of the Ukrainian peasantry, which constituted the bulk of the state’s population, towards the petty-bourgeois owner is recorded. The circumstances of the formation of the Bolshevik government are noted: the Podolsk Provincial Revolutionary Committee and the Provincial Extraordinary Commission to Combat the «Counterrevolution». The features of the introduction of food distribution, the main reasons for the emergence of the insurgent movement in the early 1920s, and the application of the systems of hostage and defendant punishments are examined. The circumstances of the replacement of food distribution with a food tax under the new economic policy and the cruelty of the methods of its implementation are revealed. The performances of individual rebel detachments in 1920, which grew into a system of resistance of the Podolia peasantry to the Bolshevik government, gave hope to the leadership of the Ukrainian People’s Republic in the possibility of restoring power through a nationwide anti-Bolshevik uprising, are indicated. Chief Ataman Symon Petliura and Chief of Staff Yurko Tyutiunnyk developed an order «On the Insurgent Troops of the Ukrainian People’s Republic», which called on Ukrainians to “fight the last decisive battle». The nationwide anti-Bolshevik uprising was planned to begin with the Podolsk Group under the command of Lieutenant Colonel Mykhailo Palii-Sydoryansky, from which two detachments were formed. The nationwide anti-Bolshevik uprising was planned to begin with the action of the Podolsk group under the command of Lieutenant Colonel Mykhailo Palii-Sydoryansky, from which two detachments were formed. One of them was to reach Kamianets-Podilskyi, and the second was assigned to move through Lantskorun. The main task of the group was to conduct a raid on the territory of Podillia, and eventually connect with the main group. In November, the Podolsk group received an order to link up with the Volyn group, but it was impossible to carry it out because contact with the main forces was lost. In November, the Podolsk group received an order to link up with the Volyn group, but it was impossible to carry it out because contact with the main forces was lost. Therefore, the Podolsk group was forced to retreat west and, having crossed the Polish border, lay down their arms.