New Ukrainian Law

EXPERT REVIEW OF DRAFT NORMATIVE LEGAL ACTS AS A TOOL FOR ENSURING THE QUALITY OF LAW-MAKING ACTIVITIES IN THE CONTEXT OF POST-WAR RECONSTRUCTION: CONCEPT, FUNCTIONS, TYPES

2025-06-13T15:47:35+03:00

The article presents a comprehensive study of the institution of legal expertise of draft normative legal acts as a key instrument for ensuring the quality of law-making activity in Ukraine amid post-war recovery and the progress of European integration. The functional purpose of legal expertise is revealed not only as a technical-legal procedure but also as an analytical, predictive, and human rights protection tool that ensures the effectiveness, legitimacy, and compliance of regulatory frameworks with contemporary challenges.Special attention is paid to the types of expertise stipulated in Article 44 of the Law of Ukraine "On Law-Making Activity," including legal, scientific, anti-corruption, gender legal, anti-discrimination expertise, as well as additional types such as digital, budgetary expertise, and expertise on compliance with the EU acquis and the Convention for the Protection of Human Rights. The study also examines methodological approaches to conducting legal expertise and outlines criteria for assessing the quality of expert support in law-making processes.A comparative analysis of approaches to legal expertise in Ukraine and EU member states is conducted, with emphasis placed on its role in harmonizing national legislation with the acquis communautaire of the European Union. It is emphasized that expert support is a safeguard against law-making errors, ensuring a balance between political expediency and legal certainty, as well as alignment of legal norms with the public interest.It is substantiated that under conditions of European integration and large-scale legal transformation, legal expertise of draft normative legal acts should be regarded as a mandatory and integral stage of the law-drafting process. The article highlights the need to strengthen the institutional mechanisms of legal expertise, particularly through the creation of independent expert bodies, the development of unified analysis standards, and the enhancement of the role of scientific institutions in ensuring the quality of law-making.

CERTAIN ISSUES REGARDING THE LEGAL STATUS OF THE RIGHTS OF NATIONAL MINORITIES

2025-06-13T15:57:11+03:00

The article analyzes the development of Ukrainian legislation on national minorities, which has gone through several stages, reflecting the state's desire to ensure equality of rights for all ethnic communities living on its territory. After regaining independence, Ukraine was faced with the need to form its own policy on the rights of national minorities, laying the legal foundations of their status in the conditions of new statehood.The national legislative framework, combined with international obligations, creates a solid legal foundation for the protection of the rights of national minorities. Theoretically, it guarantees broad opportunities for the participation of ethnic communities in public and political life, contributing to their legal protection and cultural development. However, the practical application of these norms remains the subject of further research and improvement of legal regulation.The development of Ukrainian legislation on national minorities remains a dynamic process in which national legal changes occur under the influence of both domestic reforms and international recommendations. Further implementation of the relevant norms will require a balance between strengthening the state language policy and respecting the rights of national communities in accordance with European standards.However, the process of harmonizing Ukrainian legislation with European standards is not always smooth, as the issue of reconciling international obligations with national interests and the internal political situation often arises. One of the key issues raised by the Venice Commission is the insufficient detailing of the linguistic rights of persons belonging to national minorities.The adoption of the updated Law of Ukraine «On National Minorities (Communities) of Ukraine» was a significant step in ensuring the rights of national minorities and fulfilling Ukraine's European integration commitments. At the same time, further work on its improvement will remain an important area of state policy in the context of EU integration.Obviously, the process of adapting Ukrainian legislation to European standards is far from complete. However, it is already clear that these reforms are a necessary step both to fulfill Ukraine's international obligations and to ensure the stable development of interethnic relations in the country.

LAW OF UKRAINE "ON LEGAL MONITORING OF REGULATORY ACTS": NECESSITY, STRUCTURE AND REGULARITIES OF ENTRY INTO FORCE

2025-06-13T16:01:43+03:00

The article considers the idea of the need for legislative regulation of the procedure for conducting legal monitoring as a key mechanism for improving the national legal system of Ukraine by adopting the Law of Ukraine "On Legal Monitoring of Regulatory and Legal Acts", determining its main structural elements, and the legislative regularities of its entry into force.The authors emphasize the significant impact of legal monitoring on the legal system of Ukraine, since it is an effective mechanism for improving the system of current regulatory and legal acts of Ukraine, which is implemented through systematic analysis, assessment of the effectiveness and improvement of current legislation of Ukraine. The article states that the Law of Ukraine “On Law-Making Activities” for the first time at the level of national legislation enshrines the concept, goals, principles and mechanisms of legal monitoring. However, enshrining the provisions on legal monitoring in this law only in a separate section, chapter or article is ineffective. Therefore, the urgent need to adopt the Law of Ukraine “On Legal Monitoring of Regulatory and Legal Acts” is emphasized, the optimal structure of which must necessarily include the following sections: “General Provisions”; “Implementation of Legal Monitoring”; “Features of Certain Types of Legal Monitoring”; “Report on the Results of Legal Monitoring”; “Obligation to Implement Legal Monitoring”; “Final Provisions”. It is emphasized that this law should enter into force simultaneously with the entry into force of the Law of Ukraine “On Law-Making Activities”.Also, the entry into force of its provisions entails bringing into line by making amendments and additions to a number of current Laws of Ukraine. It is concluded that as a result of legislative regulation, legal monitoring should become the most effective means of controlling the quality and efficiency of all legal phenomena, and this is especially relevant for the formation of civil society and the rule of law in Ukraine.

MONITORING THE «RIGHT TO BE FORGOTTEN» IN LEGAL DOCTRINE

2025-06-13T16:19:36+03:00

The article considers the problem of legal monitoring of the right to be forgotten in the doctrine of law.Investigating the problems raised, the author notes that the right to be forgotten in the legal doctrine is characterized by such a property as inflation, which is based on outdated information on legal issues. As a result, in the author's opinion, scientific research, having a doctrinal level, becomes unsuitable for application, because it is incomplete, outdated scientific developments, since it does not respond to the request for the problem that has arisen, the peculiarity of which requires a different methodological approach. And the application of such a legal doctrine can entail the inefficiency of scientific research.Within the framework of the conclusions, the author proves that the implementation of the right to be forgotten occurs as a result of legal monitoring, which is carried out by a legal scholar. Where, the legal monitoring of this right must be subject to certain principles, methodological tools, thanks to which it becomes possible to determine the suitability of a certain part of the scientific doctrine (scientific work) for application or its inapplicability. Such principles can be based on the idea of: validity, timeliness; inflation; methodological coherence and duplicity to a specific branch of law, the institution of law, the peculiarities of the emerging scientific problem; the hierarchy of doctrinal developments (monograph as a comprehensive study, scientific article, theses, etc., and, all of them vice versa), their "legal force" (relativity to the source of law on the basis of a foreign element), etc.The author notes that in the philosophical and legal sense, the "right to be forgotten" lies in the retrospective plane, the plane of legal reality and the implementation of the prognostic function of law, which determines the axiological value of this right. At the same time, the “right to be forgotten” in each of these level characteristics relies on the tool of legal facts, which determine the question of the appropriateness of the right to be forgotten, where one doctrinal provision appears as a legitimate legal fact (appropriate, valid, relevant), and another as not legitimate (outdated, not active, not relevant, one in which information about legal knowledge has been given up to information). Ultimately, it seems that these processes reflect nothing more than the legal nature of law, its effect, the meaning of creating the perfection of legal regulation, the manifestation of law.

CONCEPTUAL PRINCIPLES OF CODIFICATION OF MILITARY LEGISLATION OF UKRAINE AND THE REPUBLIC OF POLAND: A COMPARATIVE LEGAL ANALYSIS

2025-06-13T16:23:13+03:00

The article is devoted to the study of the conceptual foundations of codification of military legislation of Ukraine and the Republic of Poland, to the identification of the internal structure of codification acts of military legislation of the two countries, to the determination of the subject matter of their legal regulation, the scope and content of legal provisions, and to the identification of the advantages and disadvantages in the rule-making process. The article provides a comparative legal analysis of the main structural elements of codification acts of military legislation of Ukraine and the Republic of Poland. The article highlights a number of problematic aspects of legal regulation of military legal relations which require legal regulation in the course of codification of military legislation of Ukraine, and also identifies the key areas for its improvement, and also determines the genesis and general trends of its further development. The author emphasizes the need to take into account in the military legislation of Ukraine the modern, positive practical experience of rule-making work on codification of military legislation carried out in the Republic of Poland, which is a member of the North Atlantic Treaty.The article pays special attention to the analysis of the essence and content of codification of military legislation at the level of regulatory and legal regulation and scientific and applied developments, and emphasizes the need to introduce the conceptual and categorical apparatus of military legislation and the normative definition of the concept of “codification of military legislation” as a way of systematizing military legislation. Given the above problematic aspects and progressive scientific ideas, the article also outlines the prospects for further development of codification of military legislation in Ukraine. The comparative legal analysis of the conceptual foundations of the structure and constituent elements of the codification acts of military legislation of Ukraine and the Republic of Poland made in the article will contribute to determining the theoretical and legal basis for further preparation of practical recommendations (proposals) on the codification of military legislation in Ukraine. The article draws attention to the need to continue scientific research and in-depth study of the leading foreign experience of the Republic of Poland on the codification of military legislation, and to formulate and implement in Ukraine the basic conceptual foundations for the construction of a codification act of military legislation, and to clearly define its subject matter of legal regulation, the scope of legal relations and content.The article notes that the basis of military legislation of Ukraine at the legislative level is made up of 4 codification acts (the Statutes of the Armed Forces of Ukraine) which regulate only certain groups of military legal relations on the organization, performance of military service, and disciplinary liability of military personnel.Based on the results of the comparative legal analysis, the author comes to the conclusion that the codification of military legislation carried out in the Republic of Poland is larger than the codification of military legislation of Ukraine in terms of the number of legal provisions included in the codification act (824 articles) and the content thereof. The article draws attention to the fact that military legislation of Ukraine, unlike the military legislation of the Republic of Poland, does not regulate many important legal relations, including those related to the operation of the system of military justice bodies (military police, military courts, military prosecutors), etc.Given the above problematic aspects and advantages, the article emphasizes that military legislation of Ukraine needs to be systematized in the form of codification, taking into account the experience of leading European countries. One of the priority areas of codification of military legislation is the formation and construction of a conceptual new system of military legislation in Ukraine, which will be based on a single codification act – the Military Code of Ukraine. At the same time, an important area of legal regulation of military legislation in Ukraine will remain the strengthening of social protection of servicemen and their families.

ANALYSIS OF TRENDS IN UPDATE OF ADMINISTRATIVE AND TORTS LEGISLATION

2025-06-13T16:27:06+03:00

The article analyzes the Draft Code of Administrative Offenses No. 11386 dated 06/28/2024, which is essentially a completely new Code of Administrative Offenses. As a result of the analysis of the provisions of the latter, it was concluded that its draft contains a number of significant shortcomings, including: 1) the presence of a formal explanatory note to the draft law, the content of which does not explain the novelties of the specified document; 2) the proposed system of increasing the amount of fines is tied to the minimum wage in the country, which in itself contains discriminatory features, since the subject of the offense may also be other categories of individuals who do not receive a salary (persons with disabilities, pensioners, unemployed persons); 3) the draft law not only fails to resolve the issue of clarifying the content of a number of categories (public place and public place, sphere of morality protection, but also their unclear correlation, which will lead to problems during law enforcement and will become a reason for new scientific discussions; 4) irrational use of notes, which overwhelm the Special Part of the Draft Code on Administrative Offenses; 5) some Chapters stipulate that administrative offenses may be considered simultaneously by different bodies of public administration, which will actually lead to duplication of the powers of the latter, and in some places such subjects are not defined at all (Article 442 of the Draft Code on Administrative Offenses); 6) general local courts are excluded from the subjects of consideration of administrative offenses, whose judges have the appropriate qualifications and knowledge to make a fair and objective decision; 7) expanding the competence of public administration bodies in the administrative and tort field is the basis for the emergence of corruption risks and creates a favorable environment for the spread of corruption; 8) transferring powers to deprive citizens of certain rights to public administration bodies, despite the fact that the only body authorized to deprive citizens of certain rights is the court.

FORMATION OF A NEW STRATEGY OF UKRAINIAN FOREIGN POLICY IN THE POSTWAR PERIOD

2025-06-16T11:26:17+03:00

The article is devoted to the analysis of the issues of formation of Ukraine’s foreign policy in the area of national security and defense in the postwar period. The author analyzes the factors that shaped the foreign policy strategy of the state in the postwar period, taking into account the national interests of the state, its geographical location, Ukraine’s role in ensuring the global balance of power, etc. Attention is focused on solving the long-standing dilemma of Ukraine’s foreign policy strategy: the choice between the European/Euro-Atlantic and Eurasian paradigms in favor of the European/Euro-Atlantic one. It is concluded that restoration of Ukraine’s status as a nuclear weapon state is an extremely difficult task and will not contribute to the development of friendly relations with the civilized world and will lead to possible complete isolation in the international arena. Instead, the formation of a new strategy of Ukrainian foreign policy should be implemented through the mechanisms of modernization of the world order by returning the value dimensions, the responsibility of world leaders for the ineffectiveness of the fixed security guarantees. The author analyzes the internal conflicts within the European Union provoked by Russian aggression due to the imposition by some EU member states of the position on the admissibility of taking into account Russia’s strategic national interest, the inexpediency of imposing economic sanctions against it, etc. Special attention in the article is paid to the issues of improving cross-border cooperation with the closest EU member states. The author substantiates the need to establish a more constructive dialogue with China as a guarantor party to the Budapest Memorandum.The article focuses on the formation of Ukraine’s postwar foreign policy in relations with Russia. In this direction, the policy of good neighborliness does not seem logical, so given the realities of today, Ukraine should focus on a complex format of forced coexistence in its relations with Russia. In shaping post-war relations, it should be borne in mind that Russia will not abandon further aggressive actions against Ukraine, as such aggression is based on the incompatibility of Ukrainian democracy with Russian autocracy. Ukraine’s relations with Belarus need to be reconsidered when developing its foreign policy strategy. The current actions of Belarus in the context of assisting Russia in its military invasion of Ukraine are qualified as an act of aggression under UN General Assembly Resolution 3314 of December 14, 1974. Such actions of Belarus constitute an international crime with corresponding legal consequences for the country’s top military and political leadership. Accordingly, building relations with this country should take into account its international legal status.

ADMINISTRATIVE AND LEGAL INSTRUMENTS FOR PREVENTING INTELLECTUAL PROPERTY RIGHTS INFRINGEMENTS: CURRENT STATE AND DEVELOPMENT PROSPECTS

2025-06-16T11:50:55+03:00

The article explores the administrative and legal instruments for preventing intellectual property rights infringements, the relevance of which is determined by the widespread application of the preventive function of administrative law and the need for effective protection of intellectual property rights.The research aims to provide a comprehensive analysis of the current state of administrative and legal instruments for preventing intellectual property rights infringements in Ukraine and to justify the prospects for their development, taking into account European experience and challenges of the digital environment. The article identifies the following administrative and legal instruments for preventing violations in the field of intellectual property: 1) customs measures; 2) the creation of a blacklist of websites infringing intellectual property rights, through the WIPO ALERT initiative; 3) automatic content monitoring programs; 4) collaboration between rights holders and platforms/providers;5) administrative supervision and control.It is highlighted that all administrative and legal instruments can be divided into organizational- technical, supervisory-control, and law enforcement instruments (customs measures, state supervision, inspections).It is determined that the effective application of administrative and legal instruments requires proper intersectoral coordination, particularly between state authorities and law enforcement agencies, to ensure timely information exchange and comprehensive protection of intellectual property rights.International cooperation is identified as a key factor in preventing intellectual property rights infringements, necessitating the harmonization of national legislation with international standards and participation in global initiatives introduced by the World Intellectual Property Organization.The conclusion states that further development of administrative and legal instruments should be based on the principles of transparency of applied procedures and the protection of the rights of all participants in legal relations, including end-users of digital content.

THE ESSENCE AND CONTENT OF COMBATING ILLEGAL MIGRATION

2025-06-16T11:54:33+03:00

The article examines the essence and content of countering illegal migration. The structure of this offense in the migration sphere is characterized. It is noted that until recently there was no consensus among legal scholars on the terminological designation of social activity directed against illegal migration. It is proven that the term “counteraction” is more accurate in characterizing the content of such activity than other terms. It is noted that if the first direction of combating offenses – preventing potential illegal acts – is directly aimed at overcoming the tendency of people and their communities to a certain destructiveness, then the second direction – legal response to an already committed illegal act – is applied after the person becomes aware and practically implements his destructive tendency. At the same time, the concept of “prevention of offenses” covers the totality of all three means of preventing the commission of illegal acts, namely: their prevention, warning and termination. Administrative coercive measures applied by public authorities to combat illegal migration and the procedure for their implementation are determined by the Code of Ukraine on Administrative Offenses and the Code of Administrative Procedure of Ukraine. Countering illegal migration is proposed to be understood as a system of organizational and legal measures implemented by authorized state bodies in order to regulate social relations in the migration sphere by preventing, detecting, and terminating violations of migration legislation, holding guilty persons accountable, and identifying and eliminating the causes and conditions that contribute to the manifestations of illegal migration.The elements of the mechanism (content) of countering illegal migration are proposed to include the goal, objectives, and directions of countering this negative phenomenon, as well as establishing the object and subjects of countering illegal migration. It is emphasized that the most reliable means of preventing illegal migration at the international level is close cooperation between countries of origin, destination, and transit, and providing them with the necessary assistance from developed countries.

SMALL CLAIMS IN CIVIL PROCEDURE: DIRECTIONS FOR SIMPLIFYING JUDICIAL PROCEEDINGS

2025-06-16T12:36:05+03:00

The article provides an analysis of directions for simplifying judicial procedures in small claims civil proceedings. It examines the key aspects of maintaining balance between procedural simplification and safeguarding procedural guarantees of the right to a fair trial, particularly focusing on the principle of proportionality, which establishes an assessment algorithm for determining whether limitations and simplifications align with legitimate objectives. The paper explores accessibility features of legal assistance in small claims cases and, based on the Committee of Ministers of the Council of Europe’s position, proposes criteria for distinguishing between legal representation and legal consultations as a more limited form of legal services. Additional arguments supporting self-representation in small claims cases are presented. The article analyzes legal regulation of certain aspects of simplified procedures for small claims in the civil procedural legislation of selected European countries and the United States, identifying key trends and distinctive features. The research establishes that in most European countries, the financial threshold for appeals is significantly lower compared to Ukrainian legislation, particularly regarding second instance appeals. The paper examines specific aspects of digitalization in small claims proceedings, highlighting specialized electronic platforms. Issues related to cross-border small claims proceedings in the EU context are also addressed.Based on the research findings, the article substantiates key requirements that small claims procedures must meet to ensure an appropriate balance between simplifying judicial procedures and maintaining procedural guarantees of the right to a fair trial. The author proposes directions for improving the Ukrainian model of simplified proceedings, including systematic application of the proportionality principle, expanding parties’ ability to influence the choice of proceedings, enhancing procedural information accessibility, and creating specialized electronic tools for filing applications and handling small claims cases. These recommended directions align with further harmonization of national legislation with European standards in the context of digital transformation of the judiciary and the prospects for cross-border cooperation in civil matters.

MONITORING THE LIFESTYLE OF DECLARING SUBJECTS AS A WAY OF ENSURING THE INTEGRITY OF PROSECUTORS

2025-06-16T12:39:51+03:00

The scientific article examines the monitoring of lifestyles of the subjects of declarations as a means of ensuring the integrity of prosecutors. The purpose of the article is to identify the problems of lifestyle monitoring of declaring entities as a means of ensuring the integrity of prosecutors.It is substantiated that lifestyle monitoring is an important organizational and legal means of ensuring the integrity of prosecutors, since it allows establishing the correspondence of the real (market) value of acquired assets and other expenses incurred by prosecutors, the property available to them and their family members and the income received by them according to the declarations of the person authorized to perform the functions of the state or local self- government. First of all, the significance of monitoring lies in the aspect of identifying corruption and corruption-related offenses committed by prosecutors.It is argued that lifestyle monitoring should be carried out in accordance with the established legal procedure, which defines a clear sequence of actions of authorized officials of the National Agency for the Prevention of Corruption, and covers the ways and methods of its implementation, grounds, procedure, forms, terms and results of such activities. It is established that the monitoring procedure provided for by the current legislation does not fully meet the requirements of legal certainty and efficiency, since it does not apply to persons other than the subjects of declaration and their family members, and also does not cover property that was not subject to declaration by these persons. In addition, the beginning of monitoring and its completion are not sufficiently defined.The conclusion is made about the need to improve the procedure for monitoring the lifestyle of the subjects of declaration, taking into account the existing gaps and shortcomings in the regulation of its procedure, as well as the best foreign practices of integrity checks of prosecutors and other public figures.

PARTICIPATION OF GUARDIANSHIP AND CUSTODIANSHIP AGENCIES IN COURT PROCEEDINGS ON DISPUTES OVER THE PARTICIPATION OF ONE OF THE PARENTS IN THE COMMUNICATION AND UPBRINGING OF THE CHILD

2025-06-16T12:43:09+03:00

The article examines the substantive rules governing the activities of guardianship and custody authorities with regard to resolving disputes over the participation of one of the parents in communication and upbringing of a child and removing obstacles. The author identifies the key issue that arises in modern conditions, namely, the impossibility of notifying persons who are in combat areas or abroad and the impossibility of their presence at meetings of the commissions of executive authorities on child protection. The impact of this factor on obtaining a professional assessment of the dispute resolution, both when making a decision on the participation of one of the parents in the communication and upbringing of the child in an administrative manner and when drawing up an opinion on the resolution of relevant disputes and submitting it to the court. The author analyses the practical component in court cases concerning the inaction of guardianship and custody authorities in bringing to administrative responsibility persons who have violated the decisions of executive authorities and appealing against decisions on bringing to administrative responsibility by executive authorities of persons who have violated the decisions of a guardianship and custody authority. The author identifies the consequences of inaction of guardianship and custody authorities on further realisation of the rights and interests of a parent living separately from a child and the derivative component – a possible gradual breakdown of the psycho-emotional bond between a parent and a child. Attention is focused on the involvement of relevant authorities in court proceedings to remove obstacles to communication and upbringing of a child, determining the manner of participation of a parent living separately from the child in communication and upbringing of the child, rather than providing a formal opinion in accordance with the family law provisions based on the position of the judges of the Supreme Court of Ukraine. The author also draws conclusions about the lack of proper control over the implementation of the decision of the guardianship and custody authority and emphasises the consequences of submitting a formal opinion with a professional assessment on the resolution of a dispute with non-compliance with the principle of equality of parents.

ELECTRONIC SIGNATURE AS A TOOL FOR EXERCISING THE RIGHTS OF A LAWYER IN OBTAINING EVIDENCE IN DIVORCE CASES: LEGAL CONFLICTS AND PRACTICE

2025-06-16T12:45:47+03:00

The article is dedicated to a comprehensive analysis of the problems arising from the use of electronic signatures by lawyers in the exercise of their professional powers, particularly regarding obtaining evidence necessary for handling divorce cases. Special attention is paid to the difficulties encountered when applying to the state civil status acts registration bodies (DRACS) to obtain duplicate documents, specifically marriage certificates, based on a legal aid agreement concluded in electronic form and signed with a qualified electronic signature (QES).The relevance of the research topic is driven by several factors: the rapid processes of digitalization in justice and societal relations in general; the need to ensure effective and unhindered access to justice for all citizens; and the specific challenges caused by the martial law in Ukraine, where a significant number of lawyers’ clients are abroad or are internally displaced persons, complicating traditional methods of interaction and document retrieval.The article provides a detailed study of the current legal regulation of the use of electronic trust services and electronic document flow in Ukraine. Separate attention is given to the presumption of equivalence between a QES and a handwritten signature and the legal validity of electronic documents signed with a QES.The central part of the research is the analysis of legal conflicts arising between norms of higher legal force (laws of Ukraine) and subordinate legal acts, particularly the Rules for State Registration of Civil Status Acts in Ukraine, which regulate the activities of DRACS bodies. The problem of DRACS bodies refusing to recognize legal aid agreements concluded in electronic form and signed with a QES as a basis for issuing duplicate documents is revealed. Such practice creates artificial barriers for lawyers and their clients, undermining the advantages of electronic document management.Issues in judicial practice regarding the acceptance of electronic evidence and the confirmation of a lawyer’s authority in civil proceedings are also highlighted, analyzing the Supreme Court’s position on the inadmissibility of excessive formalism. Based on the conducted analysis, the urgent need to improve the regulatory framework and the practice of using electronic signatures by lawyers is substantiated. Specific proposals are formulated regarding amendments to the DRACS Rules, the development of technical mechanisms for QES verification, the issuance of clarifications by the Ministry of Justice of Ukraine, as well as the development of digital infrastructure and the formation of progressive judicial practice. The goal of these measures is to ensure the effective realization of the rights of lawyers and their clients to receive legal aid and access to justice in the context of digital transformation.

COMPARATIVE ANALYSIS OF PROFESSIONAL ETHICS OF A NOTARY AND A MEDIATOR

2025-06-16T12:49:08+03:00

The article presents a comparative analysis of the professional ethics of notaries and mediators in the context of the development of the institution of notarial mediation. The peculiarities of moral and ethical requirements for representatives of both professions are examined, taking into account differences in their legal status. The specifics of normative regulation of notaries’ professional ethics, characterized by a centralized approach with the approval of nationwide standards, and mediators, where self-regulation through professional associations prevails, are considered. Common ethical principles (independence, impartiality, confidentiality) and different mechanisms of their implementation in practical activities are identified. The dualistic nature of the notary’s status and its influence on the formation of ethical standards is analyzed. The role of the mediator as an independent facilitator of communication between parties in conflict is examined. The features of liability for violations of ethical norms in both professional communities are revealed. The system of disciplinary responsibility of notaries and self-governing mechanisms for controlling the ethical behavior of mediators are characterized.The necessity of developing a special ethical code for notaries-mediators is substantiated.It is proven that a mechanical combination of existing ethical requirements is insufficient for the effective functioning of the new institution. Six key principles are proposed for inclusion in such a code: enhanced guarantees of impartiality considering the notary’s public-legal status, balanced adherence to legality while ensuring procedural flexibility, comprehensive accessibility of services for all categories of citizens, additional guarantees of voluntary participation given the notary’s authority, special mechanisms for protecting confidentiality in documenting mediation results, and awareness of dual responsibility – to the law and to the parties in dispute.Practical aspects of implementing each principle and possible mechanisms for their realization are examined. The need for ethical regulation of interaction between notaries-mediators, service advertising, and creating a system of disciplinary responsibility for ethical violations is outlined.The importance of developing ethical foundations for notarial mediation is substantiated as a necessary condition for improving the quality of legal services and strengthening public trust in this new legal institution.

FORFEIT AS A FORM OF LIABILITY FOR BREACH OF MONETARY OBLIGATIONS ARISING UNDER LEASE CONTRACTS

2025-06-16T12:52:14+03:00

The article examines the issue of forfeit as a form of contractual liability for breach of monetary obligations arising under lease contract. Forfeit has a dual legal nature and, being a form of contractual liability in leasing relations, simultaneously serve as a form of securing the fulfillment of these obligations. In the context of dividing forfeit into contractual and statutory, it is noted that in leasing relations, forfeit is most often contractual, although certain legislative acts stipulate a statutory forfeit (for example, in financial leasing contracts). Attention is drawn to the need to distinguish from statutory forfeit those cases where civil legislation stipulates the maximum amount of forfeit for breach of monetary obligations (for example, in hiring contract). It is noted that in leasing relations involving natural persons not involved in their entrepreneurial activities, restrictions on the maximum amount of forfeit for late payment of lease payment are provided for by law only in relation to the hiring contract. In this regard, attention was drawn to the inconsistency of this approach and the creation of preconditions for abuse by business entities, which, as a rule, offer natural persons standard forms of contracts. In this regard, amendments were proposed to the Law of Ukraine «On Financial Leasing», which provide for the establishment of the maximum amount of forfeit in such relations. The issue of the possibility of simultaneously accruing and collecting penalties and fines for the same violation of monetary obligations was also considered. In this regard, it was proposed to enshrine in the Law of Ukraine «On Financial Leasing» a norm that would make it impossible in financial leasing contracts with the participation of a lessee-natural persons who concludes such an agreement not in connection with the implementation of entrepreneurial or other similar activities by him, to simultaneously collect a fine and a penalty for the same violation of a financial leasing contract.

CONCEPT AND FEATURES OF A FOREIGN ECONOMIC CONTRACT AS A TYPE OF ECONOMIC CONTRACT

2025-06-16T14:07:04+03:00

The article is devoted to the concept and features of a foreign economic contract as a certain type of economic contract through self-qualifying features. The economic and legal features of a foreign economic contract are: the presence of a party – a domestic business entity; the subject – property, products, services, goods used in the field of business; public-legal aspects – control and supervisory actions by authorized state authorities.Due to the economic and legal support, a foreign economic contract is a type of economic contract, that is, it is defined by the norms of general (Civil Code of Ukraine, Customs Code of Ukraine) and special legislation (Laws of Ukraine «On Foreign Economic Activity», «On Private International Law», etc.).From an obligation-analytical point of view, a foreign economic contract is fixed-term, refundable, bilateral or multilateral, consensual, basic, single-object (in some cases – alternative) and, as a rule, economic and property, that is, its subject component is used to ensure (implement, perform) a certain type of management. The performance of foreign economic contracts is especially valuable in an economic sense, because in this case the state receives a certain bonus – payments in the form of taxes and fees, which will replenish its budget, serve as a factor in stabilizing and increasing its socio-economic potential.The specification of a foreign economic contract is a detailed description of its subject, which is attached to its main text, is its integral part and contains specific characteristics, requirements, parameters, volumes and other information that allows you to uniquely identify the product, service or work that is the subject of the agreement.

SUBJECT MATTER OF A CONTRACT ON MANAGING ASSETS BEING UNDER ARREST WITHIN CRIMINAL PROCEEDINGS OR WITHIN A CASE ON RECOGNIZING ASSETS AS UNFOUNDED AND THEIR COLLECTION TO THE TREASURY

2025-06-16T14:17:31+03:00

The author of the article studies a contract for managing assets being under arrest within criminal proceedings or in a case of recognizing assets as unfounded and their collection to the Treasury, as services supply agreement. The author has studied the subject matter of the contract for managing assets being under arrest within criminal proceedings or in a case of recognizing assets as unfounded and their collection to the Treasury as an essential condition of the contract.It has been argued that the definition of the subject matter of services supply agreement as an intangible good is rather a broad reading of the concept of “intangible goods”, given that “services” are defined by the civil legislation of Ukraine as independent objects of civil rights on an equal basis with “intangible goods”.It has been established that the subject matter of the contract for managing assets being under arrest within criminal proceedings or in a case of recognizing assets as unfounded and their collection to the Treasury is comprehensive including both property transferred for management and services for managing assets. Activities related to the possession and use of assets being under arrest within criminal proceedings or in a case of recognizing assets as unfounded and their collection to the Treasury constitute those actions that are services for managing assets.It has been substantiated that the subject matter of the contract for managing assets being under arrest within criminal proceedings or in a case of recognizing assets as unfounded and their collection to the Treasury is an enterprise as a single property complex, real estate, securities, property rights, funds and other property, as well as fhysical and legal acts related to the possession and use of this property, in particular, by making the transactions.

DETAILS OF THE INDICTMENT

2025-06-16T14:22:09+03:00

The article examines the details of an indictment. The purpose of the article is to define the details of an indictment, as well as their importance for the correct drafting and approval of this document.The author substantiates that an indictment meets the characteristics of a criminal procedural document, an official document and an official document of the prosecutor’s office. Thus, like any official document, an indictment has a set of mandatory elements which are its requisites.Thus, determining the requirements for the details of an indictment requires reference to both the provisions of criminal procedure law and the provisions of legislation that define the general requirements for an official document, as well as the rules of office work of the prosecutor’s office.Based on the analysis of this legislation, the following mandatory details of the indictment are identified: 1) name of the legal entity – the name of the prosecutor’s office whose prosecutor drew up or approved the indictment; 2) registration index of the document; 3) name of the type of document – indictment; 4) date and place of its drawing up and approval; 5) heading to the text of the document (must include the name of the criminal proceedings and its registration number); 6) text of the document, which must contain: a) personal data of each accused; b) statement of the actual circumstances of the criminal offence, which the prosecutor considers established, legal qualification of the criminal offence. The indication in the indictment of optional details relating to its text depends on the actual circumstances of criminal proceedings.The author argues that the absence of at least one of the required details in an indictment or their incorrect indication entails that it does not acquire the necessary procedural properties and forms the basis for returning the indictment to the prosecutor.

СRIMINAL LAW PROTECTION OF THE RIGHTS AND INTERESTS OF THE MILITARY: THE EXPERIENCE OF FOREIGN COUNTRIES

2025-06-16T14:26:02+03:00

The article presents a comparative study of the legislative provisions of leading European countries and the United States regarding criminal liability for encroachments on the rights and legally protected interests of military personnel. The comparative analysis is driven by the need to eliminate existing flaws and shortcomings in Article 435-1 of the Criminal Code of Ukraine, adopted in 2022 amid the full-scale armed aggression. Among the main deficiencies of this provision, domestic scholars highlight the following: 1) inconsistency of the perpetrator of the criminal offense, as provided for in Article 435-1 of the Criminal Code of Ukraine, with the one designated for Chapter XIX of the Special Part of the Criminal Code of Ukraine; 2) inconsistency of the object of the criminal offense, as provided for in Article 435-1 of the Criminal Code of Ukraine, with the chapter of the Special Part of the Criminal Code of Ukraine in which the provision is placed; 3) limitation of the application of Article 435-1 of the Criminal Code of Ukraine exclusively to conditions of armed aggression by the Russian Federation; 4) limitation of the application of Article 435-1 of the Criminal Code of Ukraine solely to cases where the person carrying out measures to ensure national security and defense, repelling, and deterring armed aggression by the Russian Federation is a military serviceman; 5) absence of a direct link between the nature of the performed activities and the act of encroachment itself, as the provision only establishes characteristics of the legal status of the victim.The author examines the criminal liability legislation of several countries and provides examples of the criminal-legal protection of the rights and interests of military personnel in the legislation of France, Germany, Austria, Italy, and the United States. It is determined that although these provisions were developed and incorporated into national criminal laws outside a wartime context, their experience may be valuable for improving Article 435-1 of the Criminal Code of Ukraine. The borrowing of certain legislative constructions, as well as the experience in interpreting specific terms and concepts used in criminal liability provisions – either through separate notes or by referencing norms containing interpretive definitions – could help to address some of the structural shortcomings and deficiencies of Article 435-1 of the Criminal Code of Ukraine.

CRIMINOLOGICAL CHARACTERISTICS OF VIOLATION OF STATUTORY RULES OF RELATIONS BETWEEN MILITARY PERSONNEL IN THE ABSENCE OF SUBORDINATION RELATIONS

2025-06-16T14:29:22+03:00

The article is devoted to the criminological study of violations of statutory rules governing relationships between servicemen in the absence of subordination. It provides a criminal law analysis of such violations and defines the key elements of this offense. The research examines the main components of the criminological characteristics, including the dynamics, structure, and geographic distribution of this type of military crime. Particular attention is paid to the description of the distinctive features of violations of statutory relations among servicemen without subordination, emphasizing their nature as a negative, historically variable, social phenomenon. Statistical data on military crime over the past decade are analyzed, with a specific focus on the rate of registered cases of violations of statutory rules in relation to the total number of recorded military criminal offenses. The study determines the place of the criminal offense stipulated by Article 406 of the Criminal Code of Ukraine within the system of military criminal offenses and assesses its threat to national security in the context of this criminological research.Judicial practice regarding cases of violations of statutory relationships between servicemen is also examined, allowing for the identification of specific features of this type of offense and an analysis of the characteristics typical of servicemen-offenders who commit crimes under Article 406 of the Criminal Code of Ukraine. Based on the analysis of court practice, notable examples of violations of statutory order by servicemen, including under the conditions of martial law, are provided. Furthermore, the article highlights the classification of violations of statutory rules between servicemen without subordination as a distinct determinant of unauthorized abandonment of a military unit or place of service.

THE CONCEPTS OF “FOREST” AND “FORESTRY LAND” IN TERMS OF THE CORRELATION OF LEGAL REGULATION OF LAND AND FORESTRY RELATIONS

2025-06-16T12:19:20+03:00

The article analyzes different approaches to the definition of the concepts of “forest” and “forestry land” and notes that forests, performing important ecostabilization functions, play water, land and soil protection roles, and prevent wind and soil erosion, which creates the necessary conditions for the conservation of biodiversity.The authors note that the concept of “forest” is controversial. The subject of discussion is not only its definition (geographical, biological and legal), but also its characteristics. For example, there is no consensus in domestic and foreign jurisprudence as to which features are crucial for the category of “forest”.Based on a retrospective analysis of Ukrainian forestry legislation, the author concludes that social relations regarding the use of forests have always had special legal regulation, and forestry lands have a special legal regime. Thus, the legal regime of forestry lands is subordinated to and ensures the implementation of the legal regime of forests.The article notes that in the current context, in connection with Ukraine’s accession to the EU, the issue of defining the concept of forests is gaining practical importance. Thus, Regulation (EU) 2023/1115, which entered into force in 2023, sets out new requirements for the legal regime of forests, in particular, those relating to their protection. It is noted that when adapting national/forestry legislation to EU requirements, one should proceed from the above provisions, since the legal definition of “forest” enshrined in Article 1 of the Forest Code of Ukraine differs significantly from that proposed by the Regulation. Taking into account the requirements for the adaptation of modern national forestry legislation to EU legislation, the following definition is proposed: forest is a natural or artificially created natural complex (ecosystem) with an area of more than 0.5 hectares, covered with woody vegetation with a crown cover of at least 10%, interconnected with soils, shrub and herbaceous vegetation, fauna and microorganisms, performing environmental, social and economic functions and can be used for forestry production, biodiversity conservation and other environmentally balanced purposes.

POSTPONEMENT OF TRIAL DUE TO MOBILIZATION OF PARTICIPANTS IN CRIMINAL PROCEEDINGS

2025-06-16T12:03:21+03:00

The article analyzes the procedural rights and obligations of participants in criminal proceedings during a trial under the legal regime of martial law and their absence during mobilization to the Armed Forces of Ukraine. The analyzed stage covers the main part of the trial, where participants in criminal proceedings are key figures for a fair resolution of criminal proceedings. The given judicial examples provide an opportunity to understand the gaps that arise when postponing and stopping criminal proceedings, because under martial law, justice cannot be postponed or unreasonably accelerated.In addition, judicial practice demonstrates a general approach to interpreting norms, because a significant part of court decisions to stop judicial proceedings are based only on the fact of the defendant’s call-up for military service during mobilization, and not on a detailed analysis of the mobilization processes of the participants in criminal proceedings and the possibility of conducting court hearings remotely to comply with reasonable deadlines and fair trial.The suspension of criminal proceedings makes it possible to state, firstly, the suspension of criminal proceedings is carried out only with respect to the only participant in criminal proceedings – the accused, however, the legislator does not mention other participants in criminal proceedings; secondly, the court must investigate what military service the accused is serving; thirdly, the court must verify the grounds that led to the suspension of criminal proceedings, because the grounds may change periodically It was noted that the mobilization of a defense attorney creates additional obligations for participants in criminal proceedings, which entails the postponement of the trial to ensure proper procedural conditions and the conduct of further trial.It was noted that ensuring the proper behavior of participants in criminal proceedings during the trial is a rather complex process in martial law, and therefore the court must carefully approach each objective reason for the suspension or postponement of the trial in criminal proceedings.

CRIMINAL LAW MEANS OF COMBATING ORGANIZED CRIME: COMPARATIVE ANALYSIS OF UKRAINIAN AND EU LEGISLATION

2025-06-16T12:06:22+03:00

The article discusses the urgent problem of combating organized crime in the context of martial law and global instability caused by Russia’s full-scale aggression against Ukraine. The author emphasizes that organized crime is acquiring new complex forms, adapting to the challenges of our time, actively using technology and poses a threat not only to national security but also to the international legal order. The article provides a comparative analysis of national and international legislation, outlines the shortcomings of current approaches and suggests opportunities for implementing international experience into national legislation. The author analyzes the activities of the UK National Crime Agency (NCA), the French Government Strategy and Germany’s digital initiatives in the field of combating organized crime, which emphasizes the effectiveness of interagency coordination and the use of modern analytical tools. The author also examines the relevant judgments of the European Court of Human Rights, which demonstrate the need to maintain a balance between protecting citizens and respecting human rights in the fight against crime. Particular attention is paid to certain forms of criminal activity, in particular, drug-related crime and looting, which have significantly intensified during the war, have a high level of latency and require improvement of criminal law regulation. The author pays special attention to the recommendations for effective counteraction to organized crime in Ukraine, including: modernization of criminal legislation in line with international standards; creation of a powerful system of risk analysis and criminal analysis; active cooperation with foreign countries with successful experience; development of the institutional capacity of law enforcement agencies; maintaining a balance between national security and human rights, etc.Successful implementation of these recommendations will be the key to effective protection of society and strengthening of law and order in Ukraine at the present stage. The article contains an analysis of national and international legislation and recommendations for combating organized crime, which makes it relevant in today’s context.

GROUNDLESSNESS OF SUSPICION AS A GROUND FOR APPEAL

2025-06-16T12:09:45+03:00

The discussion on the limits of judicial control when challenging a notice of suspicion under clause 10, part 1, Article 303 of the CPC is essentially reduced to two completely opposite approaches: 1) the validity of the suspicion should be subject to verification in accordance with clause 10, part 1, Article 303 of the CPC; and 2) verification of the validity of the notice of suspicion is beyond the scope of judicial control in accordance with clause 10, part 1, Article 303 of the CPC.The court practice of appealing against notices of suspicion is characterized by the following specific features: 1) the number of complaints under clause 10, part 1, Article 303 of the CPC of Ukraine is increasing (compared to the beginning of the functioning of the provision of clause 10, Article 303 of the CPC of Ukraine); 2) the grounds for appeal are not only violations of formal procedural requirements, but also substantive / substantive defects of the notice of suspicion. At the same time, it should be considered correct that investigating judges do not limit themselves to analyzing/evaluating procedural issues when considering complaints in accordance with clause 10 of part 1 of Article 303 of the CPC, but also analyze/evaluate the validity of the suspicion from the standpoint of the sufficiency of evidence. After all, a notice of suspicion must be served if there is sufficient evidence to suspect a person of committing a criminal offense (clause 3, part 1, Article 276 of the CPC). And the investigating judge exercises judicial control over the observance of the rights, freedoms and interests of persons in criminal proceedings (Article 3(1)(18) of the CPC), evaluates each evidence in terms of relevance, admissibility, reliability, and the totality of the collected evidence in terms of sufficiency and interconnection for making a procedural decision (Article 94(1) of the CPC). In addition, according to Article 17 of the CPC, suspicion and accusation cannot be based on evidence obtained illegally. This means that the evidence substantiating the suspicion is subject to assessment at the pre-trial investigation stage and complaints under clause 10 of part 1 of Article 303 of the CPC provide for such judicial control. However, should the substantiation itself end with the verification of the sufficiency of evidence to serve a notice of suspicion? Shouldn’t the validity of the suspicion also include verification of the correctness of the qualification of the person’s actions? Can the investigating judge control the correctness of the qualification of a person’s actions at this stage of the pretrial investigation? The article analyzes the latest trends in complaints under clause 10, part 1, Article 303 of the CPC and provides answers to the questions raised.

ACCESS TO JUSTICE AS A CONDITION FOR THE IMPLEMENTATION OF THE STATE’S LAW ENFORCEMENT FUNCTION

2025-06-16T12:15:25+03:00

The article examines the constitutional and legal framework for the State to communicate its regulatory legal acts to the public. The author analyses the content of the obligation of public authorities to inform the public about laws and other regulatory legal acts which define the rights and obligations of citizens. It is established that this obligation is logically related to Article 94 of the Constitution of Ukraine, which regulates the procedure for entry into force of laws and requires their official promulgation.The authors argue that the application of criminal liability for collaboration is one of the areas of implementation of the law enforcement function of the State in the territory of Ukraine temporarily occupied by russia. The author establishes that the effectiveness of such law enforcement function of the State depends on the provision of legal information to the population in this occupied territory.The article concludes that the criminal law doctrine considers two options for implementing the constitutional principle «ignorance of the law does not exempt from legal liability». The first one is as follows: a person is held criminally liable even if he or she is not aware of the existence of a particular law on criminal liability. The second is that a person is usually held criminally liable even if he or she is not aware of the existence of a particular law, but if the court finds that the person did not have a real objective opportunity to know the law on criminal liability, liability is excluded.The authors state that the criminal law article (Article 111-1 of the CC) did not introduce liability for any new type of socially dangerous conduct, but only differentiated the existing criminal liability for high treason. The article substantiates that the procedure for bringing laws and other regulatory legal acts to the attention of the population and other constitutional and legal provisions have no spatial boundaries – they apply to the entire territory of Ukraine, regardless of whether it is controlled by Ukraine or temporarily occupied by russia.

TRANSFORMATION OF ENTERPRISES INTO ORGANIZATIONAL AND LEGAL FORMS DEFINED BY THE CIVIL CODE OF UKRAINE

2025-06-13T16:30:00+03:00

The article provides an overview of the provisions of the Law of Ukraine “On the Peculiarities of Regulation of the Activities of Legal Entities of Certain Organizational and Legal Forms During the Transitional Period and Associations of Legal Entities” concerning the transformation of enterprises into organizational and legal forms defined by the Civil Code of Ukraine. It is noted that the principal legislative novelty in the regulation of legal entities is the abolition of the organizational and legal form known as an “enterprise.” This applies to all types of enterprises, including state, municipal, joint municipal, private, subsidiary, foreign enterprises, as well as enterprises established by associations of citizens (such as religious organizations or trade unions) and consumer cooperatives.As an alternative, it is proposed that state and municipal enterprises be transformed into joint stock companies or limited liability companies. The founder(s) of a private, subsidiary, foreign enterprise, or an enterprise established by an association of citizens or a consumer cooperative may independently choose the organizational and legal form of the legal entity that will act as the successor to such an enterprise, or they may decide to liquidate it.If no decision is made regarding the termination of a private, subsidiary, foreign enterprise, or an enterprise established by an association of citizens (religious organization, trade union), or a consumer cooperative enterprise, their activities after the end of the transitional period shall be regulated as the activities of limited liability companies.The unified property complex of a state enterprise shall be transferred to the management of the State Property Fund of Ukraine, which may decide to transform the enterprise into a joint stock company or a limited liability company, liquidate it, or initiate its privatization.

MANAGEMENT OF CORPORATE RIGHTS BY A PERSON FROM AMONG THE HEIRS BEFORE ACCEPTING INHERITANCE

2025-06-13T16:32:43+03:00

The article is devoted to studying problematic issues of inheritance management – corporate rights by a person from among the heirs before accepting the inheritance in limited liability companies.It is noted that the institution established by the legislator has several gaps in practical application. First of all, the question of which of the heirs to appoint as the manager of the inheritance – corporate rights is debatable, if several heirs apply to the notary for issuing a certificate for the management of the inheritance – corporate rights. Typically, the notary allows the heirs to independently determine who among them will act as the manager of the inheritance – corporate rights – or appoints the first applicant. However, the legislation does not prescribe a clear mechanism for the notary’s actions in such situations. The article also draws attention to the fact that the manager of inheritance – corporate rights – has an undefined legal status and scope of authority under current legislation. After all, the Civil Code of Ukraine (Article 1285 of the Civil Code of Ukraine) contains a general rule that the inheritance manager must take actual and legal actions to preserve and protect the inherited property. Accordingly, the issue arises as to what specific powers the inheritance manager – corporate rights is endowed with and what decisions he has the right to make, so that they can be considered through the prism of the specified norm, as well as whether the inheritance manager – corporate rights has the right to participate in the general meeting of the company.It is concluded that the specific powers of the manager of inheritance – corporate rights – are not clearly defined by law. Nevertheless, in practice, such a manager makes managerial decisions during the validity period of the certificate and participates in general meetings. At the same time, court practice shows that such decisions are often deemed to have been made in excess of the manager’s authority.

APPEAL PROCEEDINGS: ECONOMIC AND PROCEDURAL ASPECT

2025-06-13T16:35:48+03:00

The article is devoted to the concept and features of appellate proceedings as a certain independent procedure of economic proceedings, which arises as a follow-up to the consideration of the case in the first instance and is aimed at reviewing its judicial acts. A special subject composition is inherent in appellate proceedings, first of all, a separate independent judicial instance – appellate economic courts, the list of which is determined by the Decree of the President of Ukraine, which contradicts the Law of Ukraine «On the Judicial System and the Status of Judges», since the court is created exclusively by law. The international legal support of appellate proceedings was the basis for its definition in the norms of domestic economic procedural legislation.As a legal category, the term «appellate proceedings» is a complex generalizing concept that can be considered as a form of economic proceedings, its stage and procedure.The essence of the appeal is a review, which is possible only in the presence of judicial acts of the court of first instance that have not entered into legal force, that is, it is a dependent procedure that occurs only after the relevant initial consideration of the case and its documented result. Also, it is precisely in the possibility of submitting new evidence to the court of appeal, which is an important feature of the appeal proceedings, that the motivation that encourages interested parties to file an appeal in the procedure of appeal to the relevant court is contained. It seems appropriate to define in the Code of Civil Procedure of Ukraine a full and incomplete appeal, and the first as a procedure for appeal proceedings, according to which the appellate economic court fully reviews the case according to the rules of claim proceedings and an incomplete appeal, in the case of which the relevant judicial institution considers the claims within the framework of the submitted appeal.

BASIC PRE-CONTRACTUAL LEGAL RELATIONSHIP: CURRENT STATE AND PROSPECTS OF SUBSTANTIATION

2025-06-16T08:08:08+03:00

The article provides a critical analysis of approaches to understanding the legal nature of pre-contractual relations. Particular attention is paid to the qualification of pre-contractual relations as a stage of development of a contractual obligation and recognition of the obligatory nature of pre-contractual legal relations which consider the existence of the duty of good faith.In this regard, the author examines the prospects for substantiation of the basic pre-contractual legal relationship in the light of the Draft Common Frame of Reference (Principles, Definitions and Model Rules of European Private Law). The peculiarities of the DCFR terminology, in particular, the understanding in Book III “Obligations and corresponding rights” of the term “obligation” as a subjective civil obligation to be fulfilled by the debtor in obligation as legal relationship are identified. The author identifies the obstacles to qualifying the duty to negotiate in good faith as an obligation in obligation as legal relationship. With a view to the prospects of updating civil law provisions in the course of recodification, the author identifies additional aspects of this issue based on the provisions of the Civil Code of Ukraine. The author draws attention to the specificity of the German legislative approach which provides for the emergence of an obligation based on the entry into negotiations for Ukrainian private law. Based on rules of the DCFR the author investigates the issue of whether it is possible to understand “duty” as a constitutive element for the basic pre-contractual legal relationship which is not an obligation. It is concluded that the existence of such duty within the legal relationship is not excluded. The possibility to substantiate the basic pre-contractual legal relationship based on the achievements of the national legal tradition relates to reference to the category of relative civil legal relations.

PREVENTIVE RESTRUCTURING AS A LEGAL MECHANISM FOR PREVENTING FINANCIAL INSOLVENCY

2025-06-16T08:12:33+03:00

This article is dedicated to the examination of preventive restructuring as a legal mechanism for the prevention of financial insolvency. It analyzes the essence, significance, and advantages of preventive restructuring within the context of the contemporary economic environment, as well as the specific features of its legal and regulatory framework in Ukraine and the European Union. Particular attention is paid to the implementation of Directive (EU) 2019/1023 into national legislation, the identification of the main challenges of this process, and proposals for improving the legal mechanisms of preventive restructuring. The article provides a review of scholarly research and legal norms governing preventive restructuring. The study of academic sources indicates the necessity of harmonizing national legislation with European standards, as well as the need for additional mechanisms for monitoring and ensuring the implementation of restructuring agreements.It has been established that the Directive on Restructuring and Insolvency sets minimum standards for restructuring and certain insolvency matters; however, its harmonizing effect is limited due to the multiple implementation options, leading to a divergence in restructuring models across Europe. These options reveal differing political approaches to the regulation of restructuring and insolvency.Nevertheless, the implementation of the Directive’s provisions into Ukrainian legislation is accompanied by a number of difficulties, including the inconsistency of existing legal norms with European standards, the procedural rigidity of the preventive restructuring procedure, which resembles a «mini-bankruptcy», and the absence of clear guidelines and effective mechanisms regarding early warning tools. It has been established that preventive restructuring is a promising legal instrument for reducing the level of bankruptcies and improving the investment climate in Ukraine. Its further development and improvement will contribute to economic stability and enhance the competitiveness of Ukrainian enterprises.

THE LEGAL NATURE OF THE CONSTITUTIONAL RIGHT TO HOUSING

2025-06-16T10:41:02+03:00

The article examines the peculiarities of the legal content and essence of the right to housing.The constitutional nature of this right requires special attention and a responsible approach to the interconnected mechanisms ensuring and protecting it. According to the author, the inconsistency of scientific views and the insufficient legislative clarity of certain elements of the legal content of the right to housing create significant obstacles to its implementation and effective protection.Therefore, a clear definition of the legal content of the constitutional right to housing naturally precedes the effective functioning of the legal protection mechanism and, consequently, the introduction of modernized economic and legal models to improve this mechanism. It has been established that the right to housing in Ukraine is primarily guaranteed by Article 47 of the Constitution of Ukraine, which states: “Everyone has the right to housing. The state creates conditions under which every citizen can build housing, acquire it as property, or rent it.Citizens in need of social protection are provided with housing free of charge or at an affordable cost by the state and local self-government bodies in accordance with the law. No one may be forcibly deprived of housing except on the grounds of law and by a court decision.” These provisions are further specified in current legislation; however, sectoral interpretations of housing categories and specific aspects of the right to housing differ to some extent. Therefore, the author argues that the current legislation requires in-depth systematization. The issue at hand is of a debatable nature, and, in the author’s view, its resolution is possible through the determination of the legal nature of the constitutional right to housing. The existing challenges cover a broad range of issues, from the inconsistent interpretation of the term “housing” in substantive legal norms to procedural contradictions in the protection of citizens’ housing rights.

LEGAL NATURE OF THE TRADE SECRET RIGHT IN THE CONTEXT OF THE RECODIFICATION OF THE UKRAINIAN CIVIL LEGISLATION

2025-06-16T11:22:05+03:00

The article analyzes issues related to trade secrets as an object of civil rights. Attention is drawn to the problem of terminology used in acts of national legislation and in international documents to designate this object. Taking into account the approaches developed within the EU, the general concept is «trade secret» (according to the TRIPS Agreement – «undisclosed information»), while «know-how» is a narrower concept that covers only information of a technical or technological nature. The position is expressed that in the legislation on foreign economic activity and in investment legislation it is advisable to use the more general concept of «trade secret». The issue of the legal nature of trade secret rights is analyzed. Attention is drawn to the differences between intellectual property rights and the right to trade secrets. The legal protection of the latter is based on the regime of secrecy of the information, which is not typical for the legal protection of intellectual property objects. Trade secret as an object of civil rights has an informational nature, which does not allow the effective application of the construction of intellectual property rights to this object. Considerable attention in the article is paid to the analysis of the provisions of Directive 2016/943, which distinguishes know-how and business information as the types of trade secret, but establishes a unified mechanism for their protection against unlawful acquisition, use and disclosure. Attention is drawn to the fact that Directive 2016/943 does not consider trade secret as an object of intellectual property rights. The Commission Regulation № 316/2014, which distinguishes know-how from intellectual property objects, was also analyzed. A conclusion was made on the expediency of excluding the provisions of Chapter 46 from Book 4 of the Civil Code of Ukraine and adopting a special Law on trade secrets in Ukraine, which should be based on the provisions of Directive 2016/943.

RESTRUCTURING AND EARLY WARNING OF INSOLVENCY: TRANSPOSITION OF DIRECTIVE (EU) 2019/1023 ACROSS DIFFERENT LEGAL TRADITIONS OF EU MEMBER STATES

2025-06-16T12:24:34+03:00

The article characterizes restructuring systems and early warning tools for avoiding insolvency in selected member states of the European Union representing different legal traditions: Denmark, Austria, Luxembourg, the Netherlands, Italy, Greece, and Cyprus. The features of the transposition of the provisions of Directive (EU) 2019/1023 are investigated. The characteristic features of the legal regulation of insolvency prevention procedures are identified, including criteria for the accessibility of procedures, early warning tools and viability tests, specifics of moratorium application, classification of creditors, rules for adopting restructuring plans and possibilities for overcoming creditor vetoes, degree of implementation of the «debtor in possession» principle, and peculiarities of the legal status of managers and insolvency practitioner in various models of preventive restructuring. The role of electronic tools used for early detection of financial difficulties of business entities and restructuring procedures is defined. A tendency towards providing simplified restructuring regimes for SMEs and special protection of employees' rights during restructuring is revealed. The peculiarities of national legal traditions and practices in individual EU member states that demonstrate different approaches to harmonization of insolvency legislation are determined. It is found that as a result of systematic transposition of Directive (EU) 2019/1023 provisions, procedures with a high degree of flexibility, early intervention, and differentiated approach to various categories of debtors are predominantly envisaged, while certain contradictions exist between the framework and national legal traditions, manifested in varying degrees of institutionalization of early warning mechanisms, judicial intervention, protection of rights of both creditors and debtors, especially in the context of the best interest of creditors test, the implementation of which demonstrates quite different approaches.

ARTIFICIAL INTELLIGENCE AND JUSTICE: AN OVERVIEW OF ITS USE IN FOREIGN COUNTRIES

2025-06-16T12:28:38+03:00

The article examines the relevance of artificial intelligence in the judicial proceedings of foreign countries. The study of this issue consists in defining the concept of artificial intelligence. It is substantiated that one of the innovations of e-justice is the introduction of artificial intelligence into the justice system. It is determined that such innovations have a positive impact on the dynamism of the court procedure, and the question of the quality of justice is raised. It is considered that the United States actively uses artificial intelligence, in particular the COMPAS programme, in the judicial system to assess the risks of recidivism, which ensures impartiality, but this may lead to ethical violations. It is determined that the practice of using AI in the US judiciary remains controversial, although it promotes the integration of the latest technologies under local control. Back in 2018, the European Commission on the Efficiency of Justice (CEPEJ) adopted the European Ethical Charter on the Use of Artificial Intelligence in Judicial Systems.Taking into account the growing role of artificial intelligence, the CEPEJ adopted five fundamental principles for the use of artificial intelligence tools aimed at improving the quality and efficiency of justice in modern judicial systems. It is analysed that in China, artificial intelligence, in particular, systems, has been successfully integrated into the judicial system, optimising the consideration of Internet disputes, commercial cases and the evaluation of evidence, which has significantly reduced the workload of judges and saved citizens time and money. The author considers that Colombia is actively introducing innovative technologies, such as court hearings in the metaverse and the use of ChatGPT to support court decisions, to increase the accessibility and efficiency of the overloaded judicial system. It is noted that cooperation with UNESCO is aimed at developing ethical principles for the use of artificial intelligence in judicial proceedings, ensuring transparency, fairness and respect for human rights. It is analysed that AI cannot, however, independently make accusations or sentences, remaining an auxiliary tool in the judicial process.

OECD STANDARDS ON EXCHANGE OF TAX INFORMATION TO COMBAT TAX EVASION

2025-06-16T12:32:20+03:00

The article is dedicated to the Organization for Economic Cooperation and Development standards on the exchange of tax information, as well as their significance; the author analyzes some provisions of the OECD Model Convention on Taxes on Income and Capital, the principles of exchange of tax information recommended by the OECD, the features of disclosure of bank secrecy when exchanging tax information, as well as the experience of some countries in approaches to disclosure of bank secrecy, common tax evasion schemes, their stages and gives examples. The author also pays considerable attention to the analysis of types of exchange of tax information according to OECD standards.The article also focuses on new methods for increasing the efficiency of tax information exchange, some problematic aspects of international tax cooperation, and proposals for improving international cooperation between tax authorities of different countries. The OECD standards on the exchange of tax information contribute to increasing the transparency of international taxation and combating tax evasion, which has significantly complicated the use of offshore jurisdictions for tax evasion, allowed countries to divert huge amounts of tax revenues to their budgets and reduce budget losses associated with tax evasion, and have also effectively forced many jurisdictions to abandon strict bank secrecy, and some countries that were previously considered «tax havens» were forced to adapt their legislation. The author provides various examples of tax evasion schemes and tax information exchange. And in general, the OECD standards on the exchange of tax information have significantly increased the level of transparency in the field of international taxation and have contributed to strengthening international cooperation. However, some countries and jurisdictions have not yet joined the OECD standards or are implementing them with a delay. It leaves loopholes for unscrupulous taxpayers, there are also high costs of implementing and administering the standards, and increased reporting requirements create an additional burden on financial institutions.