New Ukrainian Law

KEY IDEAS FOR FORMULATING THE CONCEPT OF DEVELOPMENT OF CIVIL PROCEDURAL LEGISLATION IN UKRAINE

Serhiy Pohribnyi — 2025-10-27

This article outlines the problems of procedural law in Ukraine at the current stage of development of the rule of law and proposes ways to solve them. In particular, it analyzes such existing problems as the use of Soviet legal doctrine, excessive differentiation of procedural law by type of proceedings, excessive and duplicative legal regulation, the dispersion of procedural norms across various normative legal acts, and a decline in the level of legislative technique.Attention is drawn to the fact that, when carrying out law-making activities, legislators should first and foremost strive to ensure that each new normative legal act is, from the point of view of legislative technique, firstly, of high quality and, secondly, does not create contradictions within the legal system. At this stage of development of procedural legislation, it is not necessary to set the goal of completely combining all procedural rules into a single Code, since it is currently sufficient to prioritize ensuring the stability and fundamental nature of the rules set forth in the Code of Civil Procedure of Ukraine.It is also emphasized that the resolution of all the issues raised in this article should not violate the fundamental principle of judicial independence or interfere with the court’s ability to resolve disputes fairly.

SOCIAL PROTECTION GUARANTEES FOR WAR VETERANS: THE NEED TO MODERNIZE LEGISLATION

Halyna Trunova — 2025-10-27

The article is devoted to the analysis of the problems of the current legislation and law enforcement practice regarding the social protection of war veterans.The provisions of the current legislation and international legal acts regarding the social protection of combatants are studied. The norms of the Law of Ukraine “On the Status of War Veterans, Guarantees of Their Social Protection”, which regulates the constitutional guarantees of ensuring the right of war veterans to social protection, are analyzed. The unsystematic and outdated nature of certain provisions of the said Law is emphasized.Attention is focused on the terminological problem of replacing the category of “rights” for certain types of social security for war veterans with the category of “exemption”. The category of “social exemption” as a type of social security is inherent in the post-Soviet space and is designed to provide the most vulnerable segments of the population with their livelihoods. It is emphasized that terminological inaccuracies should not affect the possibility of war veterans to exercise their right to social protection.Draft regulatory legal acts on veteran policy and establishment of job standards for veterans were analyzed, conclusions were drawn and separate recommendations were proposed for their improvement. The experience of other states on social reintegration and employment of veterans was presented. The need to coordinate programs to support employment of war veterans with other programs, strategies of social, economic and environmental development was emphasized.Attention was focused on the importance of ensuring up-to-date statistics on the needs of war veterans and the functioning of relevant state institutions for data collection. The need to take into account future social risks regarding the needs of war veterans in social housing was also emphasized.Conclusions were drawn on the urgent need to modernize legislation on social protection of war veterans with the definition of individual guarantees for ensuring the rights of war veterans to social protection and the mechanism for their implementation, including appeal procedures.

SOME ISSUES OF LEGISLATIVE ENFORCEMENT FOR THE CONSTITUTIONAL RIGHT OF INDIVIDUALS TO JUDICIAL PROTECTION IN THE SPHERE OF PUBLIC-LAW RELATIONS

Vasyl Bordeniuk — 2025-10-27

This article, based on an analysis of the provisions of the Constitution of Ukraine, international treaties that form part of Ukraine’s national legislation, the Code of Administrative Procedure of Ukraine, and other relevant laws governing administrative proceedings, identifies the main problems in ensuring legislative support for the constitutional right of individuals to judicial protection within the sphere of public-law relations. The analysis substantiates the conclusion that the constitutional right of an individual to judicial protection is not absolute. Consequently, the procedure for its implementation must be determined by law. Such laws should develop the relevant provisions of the Constitution of Ukraine rather than alter the substance of this right. Any restrictions on this right may be established only in cases expressly provided for by the Constitution of Ukraine. Furthermore, the article presents a retrospective analysis of the Ukrainian legislation amending both the Code of Administrative Procedure and the Constitution of Ukraine. The results of this analysis indicate a tendency toward narrowing the content and scope of the constitutional right to judicial protection—not only at the legislative but also at the constitutional level. The article also identifies the main legislative directions that restrict this right in ways that undermine its essence. In particular, these directions include: the legislative establishment of special procedures for appealing and annulling decisions of certain public authorities, where the possibility of such procedures is not provided for in the Constitution; the introduction of an excessively broad range of public authorities whose acts cannot be suspended or whose obligation to perform specific actions cannot be imposed by court order; the establishment of a wide category of judicial decisions that are not subject to cassation appeal. It is argued that one of the significant factors hindering the effective realization of the right to judicial protection is the presence, in Ukrainian legislation governing the administration of justice, of numerous provisions that fail to meet the requirements of legal certainty. Legal certainty is a fundamental element of the rule of law, as enshrined in Part 1 of Article 8 of the Constitution of Ukraine.

THE NATURE AND ESSENCE OF MANIPULATION AS A LEGAL CATEGORY

Iryna Mima — 2025-10-27

The article examines the phenomenon of legal manipulation as a destructive phenomenon that manifests itself within the framework of the mechanism of legal regulation of social relations. Its nature, essence, key features, main goals and objectives, as well as the means that give this social phenomenon a specific legal character are revealed. Legal manipulation is considered as a form of psychological influence that combines legal, political and psychological tools aimed at distorting the true content of legal norms without formally violating the law, but contrary to its spirit. It is determined that legal manipulation in the mechanism of legal regulation of social relations consists in using legal norms and procedures not to achieve a just legal order, but to realize private, political or corporate interests, which distorts the purpose of law as a regulator of social relations. Special attention is paid to the manipulation of legal goals and means in the mechanism of legal regulation of social relations. Also, in the comparative aspect, political and legal manipulation is analyzed, which allows for a comprehensive study of the interaction of legal, political and psychological mechanisms of influence on public consciousness. Its significance as a methodological tool for studying: a) legal means, methods and techniques for implementing political manipulations; b) the influence of the political situation on the law itself, including the processes of law-making, law enforcement and interpretation of legal norms, is substantiated. The author emphasizes that the practice of legal manipulation destroys the principles of justice, legality and the principles of the rule of law.

PROTECTION OF THE RIGHTS OF ORPHANS AND CHILDREN DEPRIVED OF PARENTAL CARE DURING ARMED CONFLICT: THE UKRAINIAN CONTEXT

Kateryna Chepkova — 2025-10-27

Children are undoubtedly the most vulnerable segment of the civilian population, requiring the utmost attention and care from society and the state, represented by authorized public administration entities. The primary responsibility for raising, caring for, and protecting children lies with each child’s parents. However, due to certain life circumstances, there is a category of children who either have no parents at all or whose parents do not properly fulfill their parental responsibilities – orphans and children deprived of parental care. These categories of children receive special protection and assistance from the state. The authors of the article focus on the existing domestic legislation in the field of protecting the rights of orphans and children deprived of parental care. This includes public administration entities whose competence includes the protection of the rights of orphans and children deprived of parental care. The article analyzes changes in state public policy regarding the provision of exclusively family-based care for orphans and children deprived of parental care.During armed conflict, the state has a heightened responsibility for orphans and children deprived of parental care. To ensure their safety, the state must develop additional mechanisms in response to situations that arise during armed conflict. One example is the administrative and legal mechanism for the temporary relocation (evacuation) of children who live in or are enrolled in institutions of various types, forms of ownership, and subordination for round- the-clock stay, and their return to their place of permanent residence (stay), and in the case of departure from Ukraine to Ukraine. The authors of the article analyze the proposed mechanism, the subjects of its implementation, as well as the problematic issues that arise in the process of its implementation.

MORAL AND PSYCHOLOGICAL CHARACTERISTICS OF THE PERSONALITY OF VIOLENT STREET OFFENDER

Valentyna Babiichuk — 2025-10-27

The article is devoted to an interdisciplinary analysis of the street offender’s personality, taking into account contemporary findings in psychology, sociology, and criminology.The central focus is on the process of criminalization of the individual and the identification of psychological and social factors that contribute to the emergence of criminal behavior.Based on a systematic study of human personality approaches, the article considers key mechanisms underlying the development of deviant patterns of behavior in the urban environment. The relevance of applying psychological concepts and methods in the design of crime prevention strategies, particularly with regard to street crime, is substantiated.Behavioral psychology approaches are employed to examine the offender’s personality, which allows for the identification of core traits of street offenders and the formulation of generalized archetypes. Classical sociological reflections of É. Durkheim and R. K. Merton are employed as a theoretical foundation for explaining the essence of deviance and the role of social structures in the emergence of criminality. Special emphasis is placed on the comparative analysis of four major socio-psychological personality models: the five-factor model, Eysenck’s PEN model, Tellegen’s three-factor model, and Cloninger’s temperament and character model. On this basis, core personality traits are extrapolated to the archetypes of street offenders. The article further addresses ethical concerns associated with the growing field of neurocriminology, especially in relation to the study of brain functioning in offenders. It is concluded that an interdisciplinary approach is essential for advancing criminological inquiry, while further research into the psychological characteristics of each offender archetype remains a necessary scientific priority.

DETERMINING ACQUISITION DATE OF TITLE FOR PROPERTY UNDER CONTRACT

Viktor Dubovyk — 2025-10-27

The author of the article has analyzed scientific sources, the legislation of Ukraine and the main approaches of legal enforcement to determine the acquisition date of title for property under a contract. It has been established that the acquisition date of title of an acquirer in relation to a defined item of property was determined under the Civil Code of 1922 as the date of concluding the contract, and in relation to items defined by generic characteristics – as the date of their transfer. The provisions of the Civil Code of the Ukrainian Soviet Socialist Republic of 1963 and the Civil Code of Ukraine of 2003 on determining the acquisition date of title for property under the contract are almost similar. The acquisition date of title of the acquirer under the contract the legislator attributes to the transfer date of property, unless otherwise stipulated by the contract or law. It has been proved that the acquisition date of title for a vehicle under the contract is determined by the transfer date of the vehicle, unless otherwise defined by the contract and is not related to the state registration date of the vehicle. The acquisition date of title by a grantee-individual on currency values for five-fold amount exceeding the tax-exempt minimum incomes is the date of notarization of the gift contract of currency values, but not the transfer date of currency values.It has been argued that the rights to immovable property subject to state registration arise from the date of such registration in accordance with the law. Until January 1, 2013, given the situation of legal regulation of relationships in this area and the priority of the norms of the Civil Code of Ukraine, the right to ownership of the immovable property’s acquirer under the purchase and sale agreement arose from the date of state registration of the agreement as a transaction.It has been determined that the basis of the acquisition of title for immovable property under the contract is the actual composition, which includes the following legal facts: 1) the contract under which immovable property is transferred into ownership, 2) state registration of the right to ownership on immovable property. State registration of the right to ownership on immovable property must have a constitutive, but not a title deed effect.

PUBLIC REVENUES FROM FORCIBLY SEIZED ASSETS: CLASSIFICATION, BUDGETARY ACCOUNTING, AND TARGETED ALLOCATION

Stanislav Zakharov — 2025-10-27

The article examines the financial and legal nature of public revenues generated through the compulsory seizure of assets belonging to the aggressor state, its residents, and affiliated persons. These revenues originate from diverse sources, including the compulsory expropriation of property under special sanctions legislation, international compensation mechanisms (reparations), and profits derived from the management of frozen assets (so-called windfall profits). It is argued that such revenues do not fall within the traditional categories of tax or transfer income, but possess a public and compulsory nature, thus requiring their recognition as a separate subcategory within non-tax revenues of Ukraine’s budget system. The article analyzes the provisions of the Budget Code of Ukraine, the practice of the Recovery Fund for the Elimination of the Consequences of Armed Aggression, and the international approaches of the EU and the G7. Particular attention is paid to the lack of a unified legislative model regulating the status of seized assets, which results in fragmented budgetary accounting and risks of non-transparent use. The author substantiates the necessity of introducing a distinct budgetary subcategory of “sanction-compensatory revenues”, which would reflect the specific nature of such funds, ensure transparent accounting, targeted allocation, and effective oversight. A conceptual model is proposed to cover revenues from special confiscation, compulsory expropriation under sanctions, international reparations, and profits from the investment of frozen assets.The study concludes that the formalization of sanction-compensatory revenues as a separate budgetary category is consistent with international practices, strengthens Ukraine’s financial sovereignty, and enhances the trust of international partners. The article has an interdisciplinary character, combining elements of financial, international, and constitutional law, which provides a comprehensive perspective on the legal nature and future prospects of such revenues.

ADMINISTRATIVE AND LEGAL MECHANISMS FOR STIMULATING THE DEVELOPMENT OF RENEWABLE ENERGY

Anna Korolоva — 2025-10-27

The article examines the administrative and legal mechanisms for stimulating the development of renewable energy in Ukraine within the framework of European integration and modern challenges of energy security. The author carried out an analysis of normative legal acts regulating the application of administrative incentive tools in the field of renewable energy. In today’s environment, the sustainable development of renewable energy is of particular importance in EU member states, as renewable energy sources play a significant role in the fight against climate change, significantly reducing greenhouse gas emissions.The article reveals problems related to administrative barriers and imperfections in legislation.The author paid special attention to state regulation mechanisms, such as: support programs within the Investment Framework, investment promotion, “green” tariff, permit procedures and state support. The author concludes that it is necessary to improve administrative and legal mechanisms to stimulate renewable energy through the simplification of system procedures, strengthening the transparency of state policy and creating conditions for the involvement of all interested parties and establishing a legal framework for the development of «green» energy. The author concludes that it is expedient to harmonize the legislation of Ukraine with the European Union and strengthen intersectoral interaction between state structures and society.The proposed steps are intended to provide administrative and legal regulation and institutional support, consisting in the implementation and stimulation of the development of renewable energy. The author emphasizes that the key component for increasing the efficiency of renewable energy is the need to introduce administrative and legal incentive measures and state obligations in the formation of environmental responsibility and energy security support.

INTERNATIONAL STANDARDS OF PROFESSIONAL ETHICS OF INVESTIGATORS

Yuliia Kostiuchok — 2025-10-27

This scientific article examines international standards of professional ethics for investigators.The relevance of the chosen topic is due to the fact that international standards reflect the best practices of many countries, generalized at the international level, which play an important role in reforming the national criminal justice system.The purpose of the article is to define a system of international standards of professional ethics for investigators, as well as to characterize the content of its basic principles, rules, and requirements.International standards of professional ethics for investigators are defined as a set of interrelated and interdependent legal and moral-ethical requirements, rules, and principles that are imposed on the behavior of investigators as law enforcement officers and are aimed at the proper implementation of their procedural powers in the interests of society.It has been established that, at the international level, professional ethics standards for investigators have long been developed in the context of establishing requirements for police activities. At the same time, the system of international standards of ethics for investigators distinguishes between global (worldwide) and regional (European) levels.It has been substantiated that the main sources of international standards of professional ethics for investigators are the 1979 Code of Conduct for Law Enforcement Officials, the 1979 Declaration on the Police, and the 2001 European Code of Police Ethics, as well as the practice of the European Court of Human Rights.Based on an analysis of these international legal documents, the following basic principles of professional ethics for investigators have been identified: professionalism, transparency, fairness, responsibility, limited use of coercion, honesty, impartiality, dignity, confidentiality, integrity, prohibition of torture and inhuman treatment, etc.

PROBLEMATIC ISSUES OF FORMAL DETERMINATION OF THE DURATION OF PRE-TRIAL INVESTIGATION

Vadym Kulebyakin — 2025-10-27

The article is devoted to the analysis of the legal nature of procedural terms in criminal proceedings with an emphasis on the problems of formal determination of the duration of pre-trial investigation. The author characterizes the functional significance of time limits as a guarantee of observance of human rights and freedoms, and also reveals their role in ensuring the efficiency of criminal proceedings and fulfillment of the tasks of criminal proceedings.It is found that the current criminal procedure law contains a number of contradictions and gaps in the legal regulation of procedural terms of pre-trial investigation, in particular, criminal proceedings in which the person who committed a criminal offense has not been identified.The author analyzes the correlation between the imperative construction of clause 3-1, part 1, Article 284 of the CPC of Ukraine and the practice of the Supreme Court, according to which, when deciding on the closure of criminal proceedings in which no notice of suspicion has been served due to the expiration of the statute of limitations for bringing to criminal responsibility, the judge is not relieved of the obligation to verify the completeness, objectivity and impartiality of the pre-trial investigation.The author suggests ways to improve the legislation in order to complete the legal regulation of the pre-trial investigation stage. The author assesses the experience of introducing formally defined terms of “factual” criminal proceedings and supports its fair criticism.

FOREIGN EXPERIENCE IN REGULATING PREEMPTIVE RIGHTS TO PURCHASE LAND PLOTS (BASED ON THE EXAMPLE OF EUROPEAN COUNTRIES)

Petro Kushnir — 2025-10-27

The article examines the peculiarities of the regulation of the preferential right to purchase a real estate object using the example of the right to purchase a plot of land in European countries. The institution of the prevailing law is well known in the European legal system.Today, the issue of the pre-emptive right to purchase a plot of land has been settled in a number of European countries. These are both EU member states and other European countries. It has been found that the list of subjects with a preferential right to purchase a plot of land in different countries is somewhat different. Romanian legislation includes co-owners, tenants, owners of neighboring land plots, and the state as subjects of preferential right. Slovenian legislation – co-owners, owner-farmers of the neighboring plot for sale; tenants of the land for sale; other farmers; agricultural organizations or self-employed persons who require land or a farm for their agricultural activities; National Agricultural and Forest Fund of the Republic of Slovenia. In Poland, the preferential right to purchase agricultural land in the event of its sale is granted in the following order: to an individual - a farmer who is the lessee of the land plot offered for sale and has leased the given land plot for at least three years; The National Center for Agricultural Support. In Croatia, the Law gives a preferential right to purchase and rent agricultural land to farmers working on their own family farms or businesses registered for agricultural activities in the farm register. In Serbia, the subjects of the right of pre-emption are defined by the Law on Immovable Property, which puts all subjects, regardless of whether it is the state or other persons, in the same position. The legislative approach in the aspect of regulating the preferential right to purchase a plot of land in European countries is also marked by a number of other differences.Thus, the right of first refusal in Serbia is mainly used for the purchase of agricultural land, while in France, for example, this instrument is used mainly for urban needs.

LEGAL NATURE OF THE FACTORING AGREEMENT

Oleh Lazovskyi — 2025-10-27

The article is devoted to the study of issues related to determining the peculiarities of the legal nature of the factoring agreement. The complexity of its legal qualification is emphasized, which leads to ambiguity and inconsistency in judicial practice and civil law doctrine. The approaches of domestic and foreign scholars to defining the essence of the factoring agreement are analyzed, which in legal doctrine is characterized as a mixed, multi-component transaction combining elements of financing, assignment of a monetary claim, provision of services, and intermediation.It is emphasized that the economic and legal nature of factoring determines its uniqueness as a complex financial service aimed not only at financing the client but also at managing accounts receivable and insuring risks. The problem of the legal qualification of payment under a factoring agreement is highlighted. The positions of the Supreme Court regarding the correlation between the concepts of “payment” and “price of the monetary claim” are analyzed, on the basis of which a conclusion is drawn about the inadmissibility of equating the value of the assigned claim with the factor’s remuneration. It is emphasized that one of the key criteria for the legal qualification of a factoring agreement is the factor’s receipt of remuneration as payment for the provision of financial services, rather than the purchase of a claim at a discounted price. It is established that the payment referred to in the legislative definitions of the factoring agreement cannot be regarded as the price of the assigned claim: it is an additional element of the contractual structure intended to reflect the factor’s remuneration for the provision of a set of financial services rather than a monetary evaluation of the transferred claim. The issue of the possible fiduciary nature of the factoring agreement is analyzed; it is noted that the trust between the parties is manifested in the professional performance of duties but is not a qualifying feature for classifying the agreement as fiduciary in the traditional sense. It is generalized that the factoring agreement is bilateral, onerous, both real and consensual, causal, risky, and partially fiduciary. Its structure combines elements of various civil-law contracts while maintaining its own specificity as a financial instrument for managing monetary claims.

INTERNATIONAL LEGAL PRINCIPLES FOR ENSURING CHILD SUPPORT PAYMENTS

Serhii Lalenkov — 2025-10-27

The article is devoted to the study of the international legal foundations of ensuring child support payments in the context of protecting children’s socio-economic rights. The relevance of the topic is driven by the global problem of non-fulfillment of alimony obligations, which leads to the violation of fundamental rights of the child to an adequate standard of living, development, and social protection. The paper analyzes key international legal instruments regulating the collection of alimony, in particular the 1989 UN Convention on the Rights of the Child, the 1973 Hague Convention on the Law Applicable to Maintenance Obligations, and the 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance. The significance of the activities of international organizations such as UNICEF, Save the Children, and World Vision, which complement legal mechanisms by providing practical assistance to children who do not receive child support, is also revealed. Special attention is given to the challenges of implementing international legal norms in national legal systems: the lack of a unified approach in the legislation of different countries, difficulties in identifying debtors, bureaucratic obstacles, and the lengthy process of international recognition of court decisions. The author emphasizes that children deprived of alimony support fall into a risk group of social exclusion and poverty, while international social protection programs play a compensatory role, providing minimum guarantees for existence.The article proposes ways to improve legal regulation: strengthening international cooperation in the exchange of information about debtors, simplifying recognition procedures, expanding the use of electronic services, and integrating social programs with legal mechanisms. The author concludes that the effective implementation of international legal foundations for ensuring child support payments is possible only through a comprehensive approach that combines legal, social, and institutional instruments.

DETERMINATION OF A CHILD’S PARENTAGE IN COMMON LAW COUNTRIES: LEGAL PRESUMPTIONS AND CASE LAW

Olena Lefterova — 2025-10-27

Determining a сhild’s parentage is a traditional institution of family law encompassing the establishment of paternity and maternity to a child. The birth of a child may occur under various circumstances, necessitating the adaptation of legal regulation and the application of norms that uphold the child’s best interests while respecting the rights and interests of all parties involved. This article offers a comprehensive analysis of legal presumptions and judicial practice concerning the determination of a child’s parentage in common law jurisdictions (the United Kingdom, the United States, Canada, Australia, and India) in the context of evolving family relations, globalization, and the proliferation of assisted reproductive technologies (ART).It examines both the traditional biological criteria for establishing maternity and paternity, as well as modern concepts of social and intentional parenthood, which are gradually being incorporated into legal systems, fostering flexible and inclusive approaches to protecting children’s rights.Particular attention is paid to the analysis of rules governing the presumption of paternity in cases of cohabitation or partnership, the possibility of establishing paternity before the birth of a child, surrogacy, and the legal recognition of multiple parentage in certain jurisdictions.The study explores precedent-setting case law illustrating a shift away from an exclusively genetic approach towards prioritizing the best interests of the child, particularly in cases where biological and social ties diverge. A comparative analysis of approaches in different common law countries highlights both the advantages (flexibility, individualization, focus on the child’s interests) and the risks (legal uncertainty, interjurisdictional conflicts, difficulties in recognizing foreign judgments) of implementing such models.Based on the research findings, the article formulates conclusions emphasizing the advantages and current trends in the legal regulation of determining a child’s parentage in common law jurisdictions. In particular, it notes the gradual recognition of intent as a criterion for establishing parenthood, the application of traditional presumptions regarding factual circumstances, and the interpretation of substantive legal norms by courts with a focus on safeguarding the best interests of the child.

THE CONTENTS OF A CIVIL LIABILITY INSURANCE CONTRACT FOR NUCLEAR DAMAGE

Mykola Marchenko — 2025-10-27

The article examines the peculiarities of the content of civil liability insurance contracts for nuclear damage and analyses the legislator’s approach to the legal regulation of civil liability insurance for nuclear damage.In this article, the author analysed the system of regulatory and legal regulation of civil liability insurance contracts for nuclear damage, highlighting the specifics of each level of such regulation.An analysis is conducted of the mandatory conditions that the legislator and the scientific community highlight in insurance contracts in general, and in civil liability insurance contracts for nuclear damage as a specific type of insurance contracts. The content of a typical civil liability insurance contract for nuclear damage and the prospects for changes in regulatory and legal regulation are considered. The results of the study are of particular importance in the context of the ongoing full-scale aggression of the Russian Federation against Ukraine, where the risks of nuclear damage are increasing due to the deterioration of the operating conditions of nuclear facilities and fluctuations in the country’s energy system.The methodology for researching the content of civil liability insurance contracts for nuclear damage is based on a legal analysis of international and national legal acts, a comparative legal analysis of the content of standard civil liability insurance contracts for nuclear damage, and the conditions enshrined in law.The main conclusions of the study highlight the peculiarities of legal regulation of the content of civil liability insurance contracts for nuclear damage, the peculiarities of their terms and conditions, and the further development of legislation in this area.

LEGAL QUALIFICATION OF THE MENTORING AGREEMENT

Sofiia Nazar — 2025-10-27

The article attempts to provide a legal qualification of the mentoring agreement. In particular, it emphasizes the cross-sectoral nature of the mentoring institution, which encompasses elements of family, civil, and administrative law, and highlights the need to consider this specificity when defining the legal status of such an agreement. Within the context of the current regulatory framework for mentoring in Ukraine, the article points out the complexity of the legal construct that precedes the emergence of mentoring legal relations, which includes a sequence of imperative legal facts. One such fact is the conclusion of a mentoring agreement, which currently lacks a clearly defined legal status. The absence of a legislative definition of the term “mentoring agreement” is critically assessed, with the argument that its formal legal consolidation would ensure a unified approach to interpretation and application in legal practice. The article outlines the current doctrinal discourse concerning the classification of agreements in the field of family law, specifically addressing the issue of correlation between the terms “contract in family law” and “family law contract”. Various scholarly views on the scope and criteria for distinguishing these categories are considered. The author draws attention to existing theoretical contradictions, particularly regarding the parties to family law contracts, the legal status of public entities as contracting parties, and the nature of legal relations arising from the placement of children into care or support settings. Based on the analysis of legal acts and doctrinal sources, the article concludes that the mentoring agreement should be classified as a distinct group of social agreements in family law. Although these agreements do not regulate classical family legal relations (such as marriage, adoption, or kinship), they are directly related to the implementation of the social function of family law and the protection of the child’s best interests. Given the specific subject matter of the mentoring agreement – providing support, assistance, and social integration of the child in preparation for independent living – as well as the composition of the parties involved (including institutional care facilities, guardianship authorities, and social service centers), it is proposed that the mentoring agreement be recognized as a legal act mediating social legal relations within the sphere of family law. It should, therefore, be allocated a separate place in the classification of agreements operating under the system of family law regulation.

GROUNDS AND CONDITIONS FOR APPLICATION TO SUBSIDIARY LIABILITY

Serhii Nakorchevskyj — 2025-10-27

In the article the grounds and conditions for bringing to subsidiary liability, as well as the main aspects of its implementation, taking into account the problems of law enforcement practice, were defined.It is established that subsidiary (additional) liability as a special type of civil liability, which can be applied in the field of both contractual and tortious obligatory legal relationships, occurs in cases provided for by the contract or law in the event of non-fulfillment or improper fulfillment of obligations by the main debtor, his refusal, absence or insufficiency of his property for this, in which case the obligation, in whole or in part, is assigned to the subsidiary (additional) debtor.In this case, the principal debtor remains liable for its obligations, and the subsidiary debtor is It is substantiated that the totality of general conditions of civil liability (illegal behavior, the presence of harm, the causal relationship between the illegal behavior and the harm caused, the fault of the person) in most cases is not important for the imposition of subsidiary liability, the variety of cases of application of which determines the specifics of the grounds and conditions of subsidiary liability.It is concluded that the grounds for applying subsidiary liability are: the existence of a legal connection between the principal and subsidiary debtor; the existence of a legal relationship between the principal debtor and the creditor; failure to fulfill or improper fulfillment of an obligation by the principal debtor or the commission of a civil offense by him. In this case, subsidiary liability may be applied in the following conditions: prior presentation of demands by the creditor to the principal debtor for the fulfillment of the obligation; refusal of the principal debtor to satisfy the creditor’s demand or failure of the creditor to receive a response from the principal debtor to the demand presented within a reasonable time; insufficient assets of the principal debtor to satisfy the creditor’s demands.

ESSENTIAL TERMS OF THE CONTRACT OF PERSONAL INSURANCE OF MILITARY SERVICEMEN

Yevhenii Panchenko — 2025-10-27

In the scientific article, based on the analysis of scientific views and norms of the current legislation of Ukraine regulating insurance contractual relations, the essential conditions of а personal insurance contract of military servicemenl, which, along with others, constitute its content, the features of such conditions and the procedure for their establishment, are examined.It has been substantiated that, taking into account the specifics of personal insurance, a military insurance contract may provide for various combinations of risks by insurance classes, forms of insurance payments, include a cumulative (insurance in case of survival to a certain age or date) and/or risk component (insurance in case of death and insurance in case of illness, bodily injury, temporary and/or permanent (stable) loss of ability to work), be concluded with fixed and/or variable amounts of insurance sums, insurance payments and/or insurance premiums.It has been established that the conditions under which a personal insurance contract of military servicemen is concluded are of great practical importance, since the proper fulfillment of obligations that contribute to the protection of the rights and interests of the counterparties to the contract depends on them. The essential conditions of the relevant contract are its subject, the object of insurance, the insured event, the amount of money within which the insurer is obliged to make a payment upon the occurrence of an insured event (the insured amount), the amount of the insurance payment and the terms of its payment, the term of the contract and other conditions determined by acts of civil legislation.The attention is focused on the fact that the subject of а personal insurance contract of military servicemen, as its essential condition, is the provision of an insurance service by the insurer to the insured to protect the property interests associated with the life, health, ability to work, and pension provision of military personnel by making an insurance payment in the event of a insured event.It has been established that an insured event under a personal insurance contract of military servicemen should be considered not only an event specified in the contract that has occurred and upon the occurrence of which the insurer is obliged to make an insurance payment, which is typical for insurance contracts with a accumulative component (pension provision for military personnel), but also an accidental causing of harm specified in the contract during the term of the insurance contract, as a result of which the insurer is obliged to make an insurance payment.It was concluded that, despite the limitations and peculiarities of military insurance, this area is important for ensuring the insurance interests of this category of persons who defend Ukraine at the cost of their lives and health. Therefore, the current task today is the further development of insurance products and insurance programs for the military, which are an important element in the social protection system of this category of persons.

RIGHTS AND OBLIGATIONS OF ASSETS’ OWNERS MANAGED BY THE NATIONAL AGENCY OF UKRAINE FOR FINDING, TRACING AND MANAGEMENT OF ASSETS, WHICH WERE OBTAINED FROM CORRUPTION AND OTHER CRIMES

Viktor Savulii — 2025-10-27

The author of the article has studied the rights and obligations of assets’ owners managed by the National Agency of Ukraine for Finding, Tracing and Management of Assets, which were obtained from corruption and other crimes (hereinafter referred to as the National Agency).It has been proved that the owners of such assets are obliged to comply with all the requirements of the current legislation of Ukraine and fulfil the obligations, where they are one of the parties, although the assets are managed by the National Agency. The National Agency is not a successor to any rights or obligations of assets’ owner under any transactions. The transfer of assets to the management of the National Agency and the conclusion of a property trust agreement by the National Agency does not entail the automatic transfer of the right to ownership of such property to the manager. There is no succession in such a case and there is no transfer of the rights and obligations of assets’ owner managed by the National Agency to the National Agency and the manager. It has been established that the owner of assets managed by the National Agency is obliged to provide the National Agency with unhindered access to such assets under the current legislation of Ukraine. A separate basis for accepting assets for management by the National Agency is the consent of assets’ owner. The consent of assets’ owner to transfer them for management to the National Agency can be considered as unilateral transaction. It has been determined that the owner of the assets (monetary funds) placed on his / her deposit account in a bank does not have the right to demand the release of the deposit and payment of interest or income in another form in accordance with the terms of the bank deposit agreement from the moment of seizure of such funds. The owner of the assets has the right under a general rule to approve the actions of the assets’ manager in the form of a share in the authorized (compounded or share) capital or shares and stocks while exercising the powers of the owner in the higher management bodies of the relevant legal entity.

CHALLENGES OF RECONCILING CONVICTION-BASED AND NON-CONVICTION-BASED CONFISCATION REGIMES IN UKRAINE’S LEGAL SYSTEM

Vadym Samoilov — 2025-10-27

The article analyses the criteria on which European scholarship distinguishes between conviction-based and non-conviction-based confiscation regimes. It adapts this taxonomy to the Ukrainian context so as to classify confiscation regimes that fall within different branches of law: constitutional, criminal, criminal procedure, civil procedure, and administrative law. The paper argues that the key criteria for allocating a given legal regime to the conviction-based or non-conviction-based category are: (i) the degree to which the nexus between the property and the offence must be proven, including whether a criminal (“beyond a reasonable doubt”) or a non-criminal (“balance of probabilities”) standard of proof applies, and (ii) whether, and to what extent, the burden of proof is imposed on the opposing party.It is shown that, in Ukraine, conviction-based confiscation regimes include special confiscation, criminal procedural confiscation, and the forfeiture of property that is the instrumentality or is obtained as proceeds of an administrative offence. By contrast, non-conviction-based regimes comprise extended confiscation and civil (asset) confiscation.At the same time, the article argues that confiscation of property as a criminal punishment and confiscation of a legal entity’s property as a measure of a criminal-law nature do not fit neatly into either the conviction-based or the non-conviction-based category.The paper also examines conflicts of law that arise among different confiscation regimes.In particular, it is established that confiscation as a punishment and confiscation of a legal entity’s property as a criminal-law measure may collide with special confiscation whenever the property subject to special confiscation is privately owned by the convicted person or by the legal entity in respect of which measures of a criminal-law nature are being applied.Finally, it is shown that special confiscation of property constituting the object of illicit enrichment or the proceeds of money laundering acquires certain features of non-conviction- based confiscation.

COURT DECISION (JUDGMENT) AS AN ELEMENT OF CASE LAW: AXIOLOGICAL AND LAW-APPLYING ASPECTS

Nataliia Skidan — 2025-10-27

The article examines the court decision as a structural element of case law within the system of sources of criminal procedural law of Ukraine, through the prism of its axiological significance and law-applying role. It emphasises that the reasoning of a court decision serves as an indicator of the proper consideration of the parties’ arguments, a comprehensive evaluation of evidence, and a well-founded choice of the applicable legal norms, while the interpretation of legal norms constitutes an integral part of this process. It is established that courts inevitably engage in law- applying interpretation, which influences the unity and consistency of case law.The article traces the evolution of the legislative approach to consolidating the results of judicial reasoning: from the introduction of the concept of a ‘legal position’ in criminal procedural legislation to the current model of ‘conclusions on the application of a legal norm’ in the rulings of the Supreme Court. The reasons and consequences of this transformation are substantiated, in particular its impact on the unification of terminology and the enhancement of the predictability of law enforcement. In this context, particular attention is paid to the court’s conclusions as a form of expressing the results oа interpretation, which are set out in the court decision. It is proposed to use the term ‘court’s conclusion’ to denote such elements, as this aligns with current legislation.This study notes that the conclusions of the Supreme Court, given its legal status, have special and defining significance for law enforcement and the development of law in general.The Supreme Court’s conclusions, set out in its rulings, perform a system-forming function: they endure the unity and consistency of case law, provide guidelines for law application, and strengthen legal certainty and predictability in the field of criminal procedure. Thus, Supreme Court decisions containing conclusions on the application of legal norms represent forms of case law that acquire the status of a source of law.

GENESIS OF DECLARATION OF FALSE INFORMATION

Anastasiia Khymenko — 2025-10-27

The article examines the genesis of the declaration of false information as a legal phenomenon and its development within national legislation. The socio-political causes and legal prerequisites that served as the basis for the emergence and subsequent consolidation of this norm are analyzed. Particular attention is given to the study of scientific works by scholars in the fields of criminal and anti-corruption law, who justified the expediency of criminalizing the “declaration of false information” through its inclusion in the Criminal Code of Ukraine.The author conducts a comprehensive analysis of the decision of the Constitutional Court of Ukraine No. 13-р/2020 dated October 27, 2020, concerning the constitutional submission of 47 Members of Parliament regarding the compliance of certain provisions of the Law of Ukraine “On Prevention of Corruption” and the Criminal Code of Ukraine with the Constitution of Ukraine.This decision resulted in the repeal of Article 366-1 of the Criminal Code of Ukraine based on the Law of Ukraine dated December 4, 2020 No. 1074-IX “On Amendments to Certain Legislative Acts of Ukraine Regarding the Establishment of Liability for the Declaration of False Information and the Non-Submission of a Declaration by a Subject of Declaration Who Holds a Public Office or Local Government Position”.The author analyzes scientific positions presented in the works of recognized scholars, in particular K.P. Zadoya and A.A. Vozniuk, who studied this issue, concluding that the unconstitutionality of the norm on the declaration of false information cannot be considered proven due to the lack of necessary arguments in the relevant decision of the Constitutional Court of Ukraine. Furthermore, the author concludes that the legal reasoning of the Court is contradictory and insufficiently substantiated, which casts doubt on the effectiveness of constitutional control as an institution. This decision of the Constitutional Court of Ukraine triggered a constitutional crisis in Ukraine, which had negative consequences for public trust in the legislative and judicial branches of government.

DEFINING INFORMATION SOVEREIGNTY: WHAT IS INFORMATION SOVEREIGNTY?

Maryna Oleksandrivna Chekh — 2025-10-27

This article explores the reconceptualization of sovereignty in the digital era through the emerging paradigm of information sovereignty. Whereas traditional international law associated sovereignty with territory and borders, digitalization has elevated information and data flows to a domain of sovereign authority. The article argues that information sovereignty must be understood as a multidimensional practice involving autonomy, authority, and responsibility: the ability to act independently in cyberspace, the legal competence to regulate information flows, and the normative obligation to balance national interests with human rights and global interdependence.The analysis unfolds in four parts. First, it develops a working definition of information sovereignty by drawing on doctrinal debates in international law, European and Chinese legal frameworks, and Ukrainian scholarly contributions shaped by the realities of hybrid warfare.Second, it examines comparative models of sovereignty in the digital age: China’s cyber sovereignty emphasizing defensive control, the European Union’s rights-based data sovereignty exemplified by the GDPR, and the United States’ market-driven approach. Third, it reflects on normative tensions, particularly the conflict between national security imperatives and universal human rights, and the challenge of reconciling state sovereignty with cyberspace as a global commons. Finally, it proposes a typology of information sovereignty – defensive, economic, and regulatory – that provides analytical clarity to the competing interpretations of sovereignty in the digital domain.The article concludes that information sovereignty should not be understood as a return to absolute territorial control but as a layered practice of governance. For Ukraine, this involves simultaneously defending against disinformation, building domestic digital capacities, and aligning with European regulatory standards. More broadly, the typology highlights that information sovereignty is less a fixed status than an ongoing negotiation between security, economy, and law. Recognizing this dynamic character is essential for designing governance frameworks that preserve both state autonomy and the openness of the global digital order.

USE OF EVIDENCE OBTAINED THROUGH INTERNATIONAL REQUESTS FOR LEGAL ASSISTANCE: LEGAL AND PRACTICAL ASPECTS OF DISCLOSURE OF BANKING SECRECY IN THE CONTEXT OF INTERNATIONAL COOPERATION

Oleksandr Viktorovych Shypilov — 2025-10-27

The article examines one of the most pressing aspects of international cooperation in criminal proceedings – the legal and practical foundations of using evidence obtained through international legal assistance, with a particular focus on the disclosure of banking secrecy. The legal nature of banking secrecy as a guarantee of confidentiality of financial information is analyzed, as well as its correlation with the needs of investigation in criminal cases, especially in cases concerning transnational crimes related to money laundering, corruption, and the financing of terrorism.The article considers the provisions of international law, including the European Convention on Mutual Assistance in Criminal Matters (1959), its Second Additional Protocol, the UN Convention against Corruption (2003), FATF recommendations, and other instruments regulating access to financial information through international requests. A comparative legal analysis of European states’ approaches to the protection of banking secrecy and the conditions of its disclosure in the context of international cooperation is conducted, highlighting the specificities of the legal regime in different jurisdictions.Special attention is given to judicial practice – both Ukrainian and that of the European Court of Human Rights. The issue of admissibility of evidence obtained in violation of national or international procedures for accessing banking information is revealed, as well as the consequences of declaring such evidence inadmissible.The research also examines the risks of violating the right to defense, the right to respect for private life, and the right to a fair trial. Based on a comprehensive analysis, the author formulates conclusions and proposals for improving Ukraine’s national legislation on the disclosure of banking secrecy in criminal proceedings, taking into account international standards and the state’s human rights obligations. At the same time, the necessity of ensuring a balance between the effectiveness of pre-trial investigation and the guarantees of human rights is emphasized.The article is addressed to researchers, legal practitioners, law enforcement officials, and all those interested in the issues of international legal assistance in criminal proceedings.

REFLECTIONS ON THE MAIN DIRECT OBJECT OF INTENTIONAL VIOLATION OF THE REQUIREMENTS OF THE LEGISLATION ON PREVENTION AND COUNTERACTION TO THE LEGALIZATION (LAUNDERING) OF PROCEEDS FROM CRIME, FINANCING OF TERRORISM AND FINANCING OF THE PROLIFERATION OF WEA

Ivan Shnurenko — 2025-10-27

The article analyzes scientific approaches to determining the main direct object of the components of criminal offenses provided for in Article 209-1 of the Criminal Code of Ukraine.The conducted analysis of legal literature made it possible to identify two main approaches to determining the main direct object of criminal offenses provided for in Article 209-1 of the Criminal Code of Ukraine.The first approach is that the main direct object of these criminal offenses is the same.Some supporters of this approach express the position that the main direct object of the criminal offense provided for in Article 209-1 of the Criminal Code of Ukraine and the criminal offense provided for in Article 209 “Legalization (laundering) of property obtained by crime” of this Code is one and the same.Other scientists criticize this approach and note that such a definition does not take into account the specifics of criminal acts provided for in Article 209-1 of the Criminal Code of Ukraine.The second approach is that the main direct object of the criminal offenses provided for in Part One and Part Two of Article 209-1 of the Criminal Code do not coincide.In our article we proceed from the concept that the object of a criminal offense is social values.Taking into account this concept, the article concludes that the main direct objects of criminal offenses provided for in parts one and two of Article 209-1 of the Criminal Code do not coincide.They are social relations of various content in the field of financial monitoring, which take the form of legal relations, since they are regulated by legal norms.Further, the article is devoted to the characteristics of legal relations that are the main direct objects of criminal offenses provided for by the article under study. The subjects of these legal relations are identified, their subject matter is outlined, and their content is determined, taking into account the provisions of current anti-legalization legislation.

RELIGIOUS CEREMONY AS AN OBJECT OF ENVIRONMENT WITHIN THE MEANING OF ARTICLE 180 OF THE CRIMINAL CODE OF UKRAINE

Olena Babikova — 2025-10-27

The article is devoted to the study of a religious rite as a mandatory feature of the object of the criminal offense under consideration, liability for which is provided for in Article 180 of the Criminal Code of Ukraine. The authors study a large number of various church (religious) rites (sacraments). Each of those mentioned in the study has its own characteristics, procedure and purpose of conducting, support, place of their implementation. The authors of the study took into account the religious traditions of Western Orthodoxy. The issues of Eastern rite traditions did not become the subject of this study.The central element of religion is a religious rite, the essence of which is determined by the purpose, place of its conduct, the means used for this and other factors (historical, social, etc.).A rite should be understood as an external expression of a person’s beliefs. The concept of a rite allows us to consider the relationship between ritual, religion, cult and sacrament.The rite itself is a mediator.Therefore, consideration, illegal obstruction of the performance of a religious rite, confession of faith, beyond the established limits is illegal. The crime is considered completed from the moment of disruption of the rite or the threat of such disruption.Current legislation does not clearly define the forms and types of activities of religious organizations and the criteria for their compliance with the statutory purpose - the profession and spread of faith.Religion, although not scientific in its origin and not rational in its essence, is very important for any society, especially in certain periods of its life.It can be said that the legislator correctly decided to establish criminal liability for obstruction of the performance of a religious rite, at the same time, many points remained beyond his attention.

THE FUNCTIONAL PURPOSE OF ARMA IN CRIMINAL PROCEEDINGS AND DURING INTERNATIONAL COOPERATION

Volodymyr Zuіev — 2025-10-27

The article examines the functional role of the Asset Recovery and Management Agency of Ukraine (ARMA) in criminal proceedings and in the framework of international cooperation.The paper outlines the historical and legal prerequisites for the establishment of ARMA, which include Ukraine’s commitments under EU visa liberalization requirements, OECD recommendations, and the need to create transparent and effective mechanisms for managing seized assets.The study identifies three key areas of ARMA’s activities: tracing and identification of assets at the request of law enforcement authorities; management of seized assets aimed at preserving or increasing their economic value; and participation in shaping state policy and developing the legal framework in this field.Special attention is paid to the Agency’s analytical potential, which relies on access to more than fifty governmental and banking databases as well as international information networks.The article describes in detail the procedures of interaction between ARMA and pre-trial investigation bodies, prosecutors, and courts, the deadlines for responding to official requests, and the possibility of using ARMA’s analytical reports as part of the evidentiary base. The international dimension of ARMA’s work is explored through the conclusion of inter-agency agreements with foreign asset recovery offices, which strengthen Ukraine’s institutional capacity to repatriate illicit assets. The article also analyzes recent legislative initiatives proposing to designate ARMA as a central authority for international legal assistance. However, it is argued that such a step may lead to legal inconsistencies, particularly regarding the admissibility of evidence obtained through improper channels. The author concludes that ARMA’s current status as an auxiliary mechanism within criminal proceedings is appropriate, and that future reforms should focus on enhancing cooperation tools with Ukrainian law enforcement bodies and international partners rather than expanding its procedural authority.

OPERATIONAL AND INVESTIGATIVE SUPPORT OF PRE-TRIAL INVESTIGATION AND JUDICIAL TRIAL OF CORRUPTION AND ECONOMIC CRIMES

Hanna Mudretska — 2025-10-27

The article analyzes the specifics of operational and investigative support for pre-trial investigation and trial of corruption and economic crimes. The relevance of the article is related to the need to solve the problem, which is that the modern activities of pre-trial investigation bodies during the investigation of corruption crimes of officials require improving the means of prevention and counteraction, as well as identifying conditions and tools that contribute to increasing the efficiency of the investigation. The general aspects of the doctrinal study of the term “operational and investigative support of pre-trial investigation and trial” in the theory of operational and investigative activities are considered; the circle of scientists who have studied this category is determined; their views on this concept are analyzed; the main features of operational and investigative support, reflecting its content and essence, are highlighted; the main directions of operational and investigative support are emphasized.The legislative regulation of the industry has been studied, with a view to determining the interaction of various bodies. The need to develop a unified system of preparation and data exchange between all participants in the judicial process, aimed at harmonious interaction in order to counteract corrupt actions of officials, as well as a detailed methodical algorithmization of such actions, taking into account the study of positive practical experience, has been identified.Attention is drawn to the lack of clear understanding among operational officers of economic security and anti-corruption units about the tasks of operational and investigative support in the framework of interaction with pre-trial investigation bodies regarding the investigation of corruption and economic crimes.One of the tasks of operational and investigative support is considered - the identification and search for assets that may be subject to arrest or confiscation, as well as the identification and documentation of the facts of legalization (laundering) of proceeds of crime in criminal proceedings regarding corruption-related crimes. It is concluded that operational and investigative support should be systematically and continuously carried out at all main stages of criminal proceedings: both at the stage of pre-trial investigation and at the stage of trial.

EXPANDING THE GROUNDS FOR AUDIO AND VIDEO SURVEILLANCE OF INDIVIDUALS PRIOR TO THE ISSUANCE OF AN INVESTIGATING JUDGE’S ORDER

Vitalii Romanov — 2025-10-27

The current problem of limited legal regulation of audio and video surveillance of individuals in the Ukrainian criminal procedure lies in the fact that the current wording of Article 250 of the Criminal Procedure Code of Ukraine does not permit law enforcement officers to deploy these effective evidence-gathering tools immediately in emergency situations without a prior order from an investigating judge. This creates a legal collision: important covert investigative (detective) measures may be carried out with the prosecutor’s approval only when it concerns monitoring an individual’s movements or data transmission, but explicitly exclude audio and video recording even in cases of threat to life or risk of evidence destruction.The aim of this study is to analyze the gaps in the existing procedure, conduct a comparative- legal examination of the experience of France, Germany, and Italy as well as the practice of the European Court of Human Rights, and develop a draft legislative amendment to Article 250 of the Criminal Procedure Code to introduce a mechanism for emergency audio and video surveillance of individuals authorized by the prosecutor, with subsequent judicial review.The article examines the provisions of Articles 258 and 260 of the Criminal Procedure Code of Ukraine and concludes that it is necessary to expand the list of covert investigative (detective) actions that may be conducted without a court order in urgent circumstances. The literature review confirms that domestic scholars (O.A. Bilichak, M.L. Hribov, D.Y. Nykyforchuk, and V.I. Vasylynchuk) support the need for flexible authorization procedures. International experience demonstrates that, under clear statutory regulation, limited durations, mandatory documentation of motives, and subsequent judicial control, it is possible to combine operational efficiency with the protection of human rights.The proposed model provides: – prosecutor’s authorization for audio and video surveillance in the presence of a direct threat; – mandatory referral to an investigating judge within 24 hours; – detailed documentation of grounds and timeframes; – inadmissibility of evidence if the court refuses authorization.Implementing amendments to Article 250 of the Criminal Procedure Code of Ukraine will ensure timely responses to terrorist or serious crimes while preserving the balance between national security and the right to privacy in accordance with European standards.

LINGUISTIC VICTIMOLOGY

Vasyl Shakun — 2025-10-27

The article is devoted to linguistic victimology—an innovative interdisciplinary field integrating criminology, victimology, linguistics, forensic psychology, and criminal procedure. It defines the subject matter of linguistic victimology as the study of linguistic means that construct the social image of the victim of a criminal offence, affect the victim’s legal status and psychological condition, and determine the modalities for safeguarding his or her rights within criminal proceedings. The article elucidates key dimensions of the nexus between language, the legal qualification and appraisal of events, and societal responses to criminal wrongdoing, including analysis of communicative strategies employed by law-enforcement authorities, judges, defence counsel, experts, and the media. Particular attention is paid to secondary victimisation arising from improper linguistic treatment of the victim(s), depersonalisation, or biased formulations in judicial and media discourse.Separately analysed are linguistic markers of traumatic experience (fragmentariness, pauses, self-deprecation, avoidance), which require sensitive interpretation and may constitute the subject of forensic-linguistic examination when assessing the credibility of testimony and the impact of fear or coercion. Emphasis is placed on the quality of language in legislative and procedural instruments: clarity, neutrality, and terminological consistency are prerequisites for non-discriminatory communication with victims and for preventing stigmatisation. The article proposes institutionalising linguistic audit (authoritative glossaries, ethical-language standards, mandatory expert review of draft instruments) and highlights new risks of digital victimisation, where artificial intelligence functions as a linguistic trigger for harmful behaviour, necessitating legal and expert responses. The conclusion underscores the pivotal role of linguistic victimology in humanising criminal procedure, improving the quality of evidentiary communication, and developing ethical standards for interaction with victims within the justice system.

EARLY WARNING SYSTEMS IN EU COUNTRIES: BALANCING MONITORING AND SELF-DIAGNOSIS WITH PERSPECTIVES FOR UKRAINE

Oleg Sinegubov — 2025-10-27

This article examines national approaches to early warning systems for insolvency across European Union member states, analyzing their implementation of Directive (EU) 2019/1023 provisions. Through comparative legal analysis, this study identifies operational patterns within these systems and proposes optimal pathways for Ukraine’s implementation, taking into account both European integration commitments and the unique challenges posed by ongoing conflict and post-war recovery.The research draws upon legislative frameworks and practices from 21 EU member states, representing diverse legal traditions and economic development levels. By applying a differentiation criterion based on the degree of state intervention, two primary approaches emerge with distinct emphases: integrated systems featuring proactive state monitoring that combine centralized digital analysis of financial data (including tax and social security registries) with extensive infrastructure, engaging specialized institutions such as chambers of commerce, commercial court divisions, and government agencies to provide confidential advisory support and early-stage business assistance (exemplified by Belgium, Italy, and France); and systems emphasizing self- assessment and corporate responsibility, where crisis detection initiatives and obligations rest primarily with company management and their professional advisors, while the state maintains minimal intervention, focusing on providing support infrastructure and facilitating self-evaluation tools (as demonstrated by Germany, Denmark, and Spain).The findings reveal a pattern whereby system effectiveness correlates less with the technical sophistication of digital platforms than with historical-economic context and entrepreneurial culture maturity. Several Central and Eastern European countries exhibit a notable gap between legislative transposition of Directive (EU) 2019/1023 and actual implementation of prescribed mechanisms, attributable to legacy state-centric models and insufficient business-government collaboration.The study substantiates that Ukraine’s optimal approach involves phased development of an early warning system, beginning with an information portal featuring self-diagnostic tools and educational campaigns to address cultural barriers and bankruptcy stigmatization. The analysis emphasizes the necessity of differentiating criteria and instruments for micro, small, and medium enterprises, while establishing special frameworks for businesses affected by military aggression.

CONTRACTOR’S OBLIGATIONS UNDER A CONTRACT FOR EXPLORATION WORK: UPDATE TO ARTICLE 890 OF THE CIVIL CODE OF UKRAINE

Volodymyr Hutsulyak — 2025-10-27

The article analyzes the obligations of a contractor under a contract for exploration work, as set forth in § 4 of Chapter 61 of the Civil Code of Ukraine, in light of the recent amendments to Ukrainian civil legislation. A number of author’s proposals are made to amend Articles 889 and 890 of the Civil Code, based on the understanding that the contractor’s activities in the field of exploration work are associated with production hazards and risks to the subsequent safe use of the results.Given that the rights and obligations of the contractor in the legal relations under consideration may be enshrined both at the legislative and contractual levels, it is proposed to classify them as follows: a) general, enshrined in § 1 of Chapter 61 of the Civil Code of Ukraine, for all types of contract agreements; b) special, enshrined in § 4 of Chapter 61 of the Civil Code of Ukraine, for parties to a contract agreement for exploration work.It is proposed to classify the requirements for the quality of exploration work and its results as follows: a) requirements determined at the discretion of the parties (contained in the technical specifications for exploration work, which become part of the contract from the moment they are accepted by the contractor and specify the subject matter of the contract); b) requirements that are mandatory in accordance with civil legislation, including state building codes and regulations.The legal significance of the act of acceptance and transfer of technical documentation, which has special legal force, as it is proof of the contractor’s fulfillment of its contractual obligations, has been analyzed. It has been established that if the parties have agreed on the possibility of deviating from the technical tasks or provisions of other regulatory and technical documentation, but have not specified a special provision regarding the customer’s consent to pay extra for higher quality work, the contractor in this case can only claim the amount of income provided for in the contract.Proposed author’s revisions to Articles 890 of the Civil Code of Ukraine.

LIABILITY, GUILT, RISK: CORRELATION AND APPLICATION OF CATEGORIES IN THE CONTEXT OF ACTIVITIES OF PERSONS PERFORMING FUNCTIONS OF ENTREPRENEURIAL COMPANY’S AGENCIES

Valentyna Zhornokui — 2025-10-27

The author of the article has analyzed the correlation and application of the categories of “liability”, “fuilt” and “risk” used in the process of participation of persons performing the functions of entrepreneurial company’s agencies within corporate relations. The author has grounded the point of view that entrepreneurial risk is not a basis for bringing the specified persons to liability.However, particular attention has been emphasized that the concepts of ordinary conditions of civil turnover and ordinary entrepreneurial risk are not distinguished at the legislative level in order to prevent the groundless application of liability measures to corporate relations participants. It has been noted that such assessment categories should be filled with specific content in the process of proving in accordance with procedural legislation that corresponds to up-to-date caselaw.It has been proved that in order to bring persons performing the functions of entrepreneurial company’s agency to liability, it is sufficient to prove that they acted in bad faith or unreasonably (including if their actions did not comply with ordinary conditions of civil turnover or ordinary entrepreneurial risk) while exercising the rights and performing the duties. Thus, the bad faith and unreasonability of the specified persons’ actions is simultaneously confirmed by two circumstances: 1) violation of the obligation to act in good faith and reasonably in favour of the company (wrongfulness of behavior); 2) guilt of the person who caused damage (in this case, as an exception, the person demanding compensation for the damage bears the burden of proving the guilt).It has been argued that understanding of guilt while violating the obligation to perform in good faith and reasonably in favour of the enterpreneurial company (that is expressed in keeping the degree of care and diligence required by the nature of civil turnover in terms of ordinary entrepreneurial risk) is the specific feature for corporate relations.

СOMPENSATION OF DAMAGE CAUSED TO A PERSON BY AN UNCONSTITUTIONAL ACT: ON THE NEED FOR LEGISLATIVE CHANGES

Vadym Karnaukh — 2025-10-27

Сertain aspects related to the issue of compensation of damage caused to individuals or legal entities by an unconstitutional act are examined in the article. Attention is drawn to the debate on the adequacy of existing legal regulation to ensure effective protection of the rights of persons who have suffered damage as a result of the application of an unconstitutional act and on ways to eliminate the relevant legislative gap. It is stated that depriving a person of the right to compensation for damage caused by an unconstitutional act is unacceptable. The rule on the direct effect of the provisions of the Constitution of Ukraine, enshrined in part three of Article 8 of the Constitution of Ukraine, is an unconditional priority. In the absence of a special law and based on Article 3 of the Constitution of Ukraine, objections to the recognition in the wording “illegal decisions, actions…of state authorities, local self-government bodies…in the exercise of their powers” in Article 56 of the Constitution of Ukraine and part one of Article 1173 of the Civil Code of Ukraine of possibility of application to unconstitutional legal acts (unconstitutional normative legal acts and individual acts adopted on the basis of an unconstitutional normative legal acts) seem to be questionable. The experience of legal regulation of relations concerning compensation of damage caused by an unconstitutional act in some European states (the Republic of Croatia, the Republic of Cyprus, and the Slovak Republic) has been studied. It is stated that, based on part three of Article 8 and Article 56 of the Constitution of Ukraine, the fulfillment of the positive obligation of the state arising from part three of Article 152 of the Constitution of Ukraine is possible without the adoption of a separate law that would regulate relations regarding compensation of damage caused by unconstitutional acts and actions on an exclusive basis. Improving existing legislative norms to effectively eliminate the existing legal gap may involve amending certain normative legal acts (the Civil Code of Ukraine, the Law of Ukraine “On the Constitutional Court of Ukraine”).

NATIONAL FRAMEWORK OF SCIENTIFIC QUALIFICATIONS AS A SUBSYSTEM OF THE NATIONAL QUALIFICATION SYSTEM

Olena Kostiuchenko — 2025-10-27

This article is dedicated to the analysis of scientific qualifications in Ukraine, the French Republic and the Federal Republic of Germany. Particular attention is given to the classification of the academic titles Doctor of Philosophy (Ph.D.) and Doctor of Sciences (Dr. habil.), which are mostly recognized within the countries of the European Union. It is emphasized that the Ukrainian system of scientific qualifications differs significantly from European ones; however, it does not make it worse. The article defends the need to preserve Ukrainian scientific qualifications, but it is proposed to organize these qualifications according to the European standards through the National Framework of Scientific Qualifications. It is emphasized that in accordance with European standards, the framework of scientific qualifications should act as a subsystem of the National Qualifications System. The main purpose of the National Framework of Scientific Qualifications is to determine the level of scientist’s qualification, reflecting his ability to conscientiously and qualitatively perform work of appropriate complexity. Qualification descriptions within this framework will serve as a basis for the formation of professional standards in the field of science. This does not exclude a direct impact on salary level depending on an employee’s qualification level in the field of education, science and other sectors, where the performance of a labor function requires specific scientific competencies. The article proposes 6 levels of scientific qualifications. It suggests that the National Framework of Scientific Qualifications should be understood as a systematic and structured description of these qualification levels, based on the results of scientific and/or scientific-pedagogical and/or scientific-technical activities. It is also emphasized that for the purposes of describing levels of scientific qualification, in addition to the criteria traditionally used for educational and professional qualifications, it is advisable to include an important indicator as “experience in applying scientific, scientific-pedagogical and/or scientific-technical competencies”. This experience is typically measured in years and should be documented as specialized work experience in the field of education and science (or the arts) – scientific and/or scientific-pedagogical experience.

DIVISION OF MARITAL PROPERTY AS METHOD FOR PROTECTING THE RIGHT TO OWNERSHIP OF ONE OF THE SPOUSES

Larysa Krasytska — 2025-10-27

The author of the article has proved that division of property, which is the object of spouses’ right of ownership in common, can be carried out both by spouses’ mutual consent within extrajudicial procedure and within court proceedings by the claim of one of the spouses.It has been argued that spouses’ legal regime of property has the impact on the the division of property, which is the object of spouses’ right of ownership in common. The existance of a marriage contract determines the contractual regime of property legal relations between the spouses. The absence of a marriage contract determines the legal regime of property legal relations between the spouses stipulated by the family legislation of Ukraine. The registered marriage between the spouses provides grounds for applying the legal presumption of spouses’ community of goods acquired during the marriage. Negation of the legal presumption of community of goods acquired by spouses during the marriage rests with the spouse who is interested in determining the disputed property as an object of the right of personal private property of a wife, a husband.It has been substantiated that the division of spouses’ joint property is an effective method to protect the rights of one of the spouses, if the actual division of property may lead to the termination of relations to the right of ownership in common between the spouses and transfer of spouses to the status of owners of the property belonging to them by right of private property.The author has defined that there is an approach in the current judicial practice that one of the spouses in the process of dividing the joint community property may claim the payment of a share in the company’s charter capital, which is different from the payment of half of the founder’s (one of the spouses) contribution value to the charter capital of that company.It has been argued that the legal regime of a person’s biological and anatomical materials, in particular in terms of the marital property division, requires scientific research and legislative definition.The author has substantiated that legal precedents approach should be consolidated at the level of a law, which is that increase in the property value of one of the spouses and the significance of such an increase are subject to clarification by comparing the value of the object before and after the improvement at the moment of resolving the dispute.

METHODOLOGICAL PRINCIPLES OF MODERN INHERITANCE LAW OF UKRAINE

Oleksandr Kukhariev — 2025-10-27

The article is focused on clarifying and analyzing methodological principles of modern inheritance law of Ukraine. It has been emphasized that inheritance law is under influence of national traditions, customs; it is characterized by a high degree of imperativeness and is considered as one of the most stable and conservative sub-branches of civil law.Based on the analysis of inheritance legislation norms, case-law materials and civil doctrine, the author has formulated methodological principles of inheritance law, which should be considered while updating it: 1) exhaustive list of succession types – according to last will and testament, and in accordance with law; 2) universal hereditary legal succession is the basis for inheritance;3) priority of succession according to last will and testament over succession in accordance with law, which is due to the operation of freedom of last will and testament principle; 4) application of a contractual form of regulating hereditary legal relations, whose potential is used to a small extent.The main areas of improving hereditary legislation have been defined. Thus, the author has justified the need to expand testamentary dispositions by providing an ancestor with the legal opportunity to impose the obligation on a lawful heir under last will and testament to perform actions aimed at maintaining and caring for an animal belonging to the ancestor. Changes to the design of last will and testament with a condition have been outlined in order to ensure the proper fulfillment of the ancestor’s last will. The author of the article has provided arguments in favor of the structural placement of the norms of the succession agreement institution in Book 5 of the Civil Code of Ukraine “Law of Obligations”. It has been emphasized that succession agreement is a contract in case of death, but not a contract of succession. The author has expressed a suggestion on improving the inheritance agreement’s management by amending civil legislation in terms of this agreement’s duration time in order to preserve the inherited property and to ensure its profitability.

DIRECTIONS OF DEVELOPMENT OF LEGISLATION ON INTERNATIONAL PRIVATE LAW IN THE CONTEXT OF UPDATE OF THE CIVIL CODE OF UKRAINE

Nadiia Milovska — 2025-10-27

In the article the main directions of modernization of the legislation on international private law are defined, the implementation of which will ensure the process of quantitative and qualitative changes in the interconnected and ordered system of regulatory legal acts of Ukraine and current international treaties, as well as increasing the effectiveness of conflict of laws rules in relations with a foreign element.It has been established that the need to ensure the conceptual integrity and consistency of private law legislation, and to create preconditions for more consistent and predictable law enforcement in cases complicated by a foreign element, necessitates the inclusion of provisions on international private law in the Civil Code of Ukraine as a separate final book, the eighth, which will ensure the unity and logic of closely related legal arrays and provide significant law enforcement advantages.It is substantiated that there is a pressing need to introduce more progressive regulation of the key principle of international private law – the principle of “autonomy of will”, improvement of the tools for balancing between legal certainty and the flexibility of conflict-of-laws rules, more effective use of the principle of “closest connection,” as well as the development of a single- vector approach to resolving conflict-of-laws issues, necessitated by the legislative establishment of imperative rules. An important component of conceptual changes is to fill gaps and enhance the effectiveness of conflict-of-laws rules in relations with a foreign element in certain areas of private law relations, taking into account contemporary international and European trends in the development of international private law.It is concluded that the modernization of the Ukrainian legislation on international private law is aimed at its systematization and improvement of the legal regulation of private law relations with a foreign element, adaptation of legislation to today’s realities, which are dictated by modern European approaches based on the principles of the rule of law, protection of human rights and fundamental freedoms, dispositivity, etc.

THEORETICAL AND LEGAL FOUNDATIONS OF UNDERSTANDING MARRIAGE AS A CONTRACT

Oksana Mykhalniuk — 2025-10-27

The article systematizes doctrinal approaches to understanding the concept of marriage in the modern period, which makes it possible to trace the evolution of scholarly views from the traditional institutional approach to a more flexible contractual concept. It is substantiated that contemporary legal doctrine demonstrates a gradual shift from perceiving marriage exclusively as a status-based relationship towards recognizing its contractual features, albeit subject to certain public law limitations.A comprehensive approach is proposed to understanding marriage as an institution that combines both status-related and contractual elements, where the contractual nature is manifested at the stages of entering into and terminating marriage, while the status-related nature dominates during the existence of marital legal relations. It is argued that the contractual character of marriage is expressed in: (a) the voluntary nature of entering into marriage; (b) the necessity of reaching agreement on all essential conditions; (c) the possibility of self- regulation of property relations; (d) the possibility of dissolution at the will of the parties.It is argued that marriage meets the essential characteristics of a contract (voluntariness, mutual consent, the intention to create rights and obligations), but it also possesses specific features, namely: (a) a special composition of subjects; (b) the personal character of relations; (c) a specific subject matter of regulation; (d) the existence of imperative restrictions on contractual freedom.It is established that a prenuptial (marital) agreement differs from classical civil law contracts in the following features: (a) a special composition of subjects; (b) special legal capacity; (c) a specific sphere of regulation; (d) restrictions on contractual freedom by imperative provisions of family legislation.It is substantiated that the conclusion of a prenuptial (marital) agreement entails the following legal consequences in the context of the rights and obligations of the spouses: (a) transformation of the statutory regime of spousal property into a contractual one; (b) individualization of property rights and obligations; (c) the possibility of anticipating the consequences of divorce; (d) enhancement of legal certainty in property relations.The main legal consequences of recognizing the contractual nature of marriage are systematized, namely: (a) expansion of the spouses’ autonomy of will regarding the regulation of property relations; (b) the possibility of self-regulation of relations through a prenuptial agreement; (c) simplification of the divorce procedure by mutual consent; (d) the necessity of adhering to the principle of good faith in exercising rights and performing obligations of the spouses.

POSTMORTAL REPRODUCTION FOR MILITARY AND CIVILIANS: FOUNDATIONS AND PROSPECTS OF LEGAL REFORM IN CONDITIONS OF WAR

Bohdana Ostrovska — 2025-10-27

The article presents a scientific study aimed at addressing Ukraine’s demographic crisis through legal reform in assisted reproductive technologies, specifically by regulating posthumous reproduction in wartime.The purpose of this study is to demonstrate the practical potential of using assisted reproductive technologies in Ukraine for posthumous human reproduction, primarily for military personnel during the ongoing war, to preserve the Ukrainian gene pool. Relevant legislative proposals are provided to support this reform.The study emphasizes the importance of safeguarding reproductive health during wartime to facilitate postwar national recovery. It particularly supports the introduction of posthumous reproductive services within state programs, including options for civilians, to ensure family continuity after a person’s death, especially in cases with a poor medical prognosis for individuals suffering from life-threatening conditions. Furthermore, it advocates for developing Ukraine’s advanced experience in posthumous reproductive cell retrieval.The article addresses issues concerning the subjects and scope of these services, financing sources, the legal status of children, standardizing legal terminology, and liability.The findings aim to inspire legislative innovations in Ukraine related to human rights, which are proposed for review and discussion by interdisciplinary working groups involved in legislative processes regarding assisted reproductive technologies. These legal reforms are particularly significant in regulating surrogacy services, predominantly provided on a commercial basis by private clinics, enabling fathers of military personnel and husbands of military spouses to participate in surrogacy using the genetic material of deceased relatives.