University Scientific Notes (until 2005 — Bulletin of the Khmelnytskyi Institute of Regional Management and Law) is a multidisciplinary peer-reviewed scholarly journal that publishes the results of original research in the fields of law, economics, and public administration, as well as interdisciplinary studies conducted at the intersection of these fields. The journal was founded in 2002. Founder — Leonid Yuzkov Khmelnytskyi University of Management and Law (EDRPOU 14163438). During 2009–2024, its co-founders included the National Academy for Public Administration under the President of Ukraine (legal successor Taras Shevchenko National University of Kyiv) and the Institute of Legislation of the Verkhovna Rada of Ukraine (legal successor the Research Service of the Verkhovna Rada of Ukraine). Publisher — Leonid Yuzkov Khmelnytskyi University of Management and Law (EDRPOU 14163438). Certificate of Registration as a Publishing Entity, Series DK No. 6982 of 19 November 2019. DOI prefix 10.37491 Mission and scope The mission of the journal is to provide an open academic platform for the dissemination of fundamental and applied research aimed at advancing legal, economic, and public administration sciences, improving legislation, law enforcement practice, and governance mechanisms, and integrating research outcomes into the national and international academic environment. The journal’s scope reflects its historical specialisation and includes research on: the development of legal doctrine, legislation, and law enforcement; theoretical and applied issues of the functioning of the legal system; institutional, legal, and economic foundations of state and societal development; legal aspects of the activities of public authorities and local self-government; public administration, administrative procedures, and governance; economic and legal mechanisms of regulation of social relations; transformation of legal and governance institutions under contemporary socio-economic changes; interdisciplinary research combining legal, economic, and public administration approaches. The journal publishes scholarly articles (including review articles) and book reviews. Publication details ISSN 2078-9165 (Print) ISSN-L 2078-9165 Publication frequency: six issues per year. Languages of publication: Ukrainian, English. Status, registers, and indexing Registered as a print media outlet in Ukraine (Media ID No. R30-05101, Decision of the National Council of Ukraine on Television and Radio Broadcasting No. 1745 dated May 23, 2024). From 2003 to 1 June 2026, the journal has been included in the List of Scientific Professional Publications of Ukraine (Category B) pursuant to Orders of the Ministry of Education and Science of Ukraine No. 1188 dated September 24, 2020, and No. 1471 dated November 26, 2020, in the following specialities: 051 Economics 071 Accounting and Taxation 072 Finance, Banking, Insurance, and Stock Market 073 Management 075 Marketing 076 Entrepreneurship, Trade and Exchange Activities 081 Law 232 Social Work and Social Security 242 Tourism and Recreation 262 Law Enforcement 281 Public Administration and Management 292 International Economic Relations 293 International Law As of 1 June 2026, the academic journal University Scientific Notes, in accordance with the Procedure for the Formation of the List of Scholarly Professional Publications of Ukraine approved by Order of the Ministry of Education and Science of Ukraine No. 56 of 19 January 2026, continues its activities within the Law cluster, covering specialities D8 Law and D9 International Law. The journal is indexed in the international scientometric database Index Copernicus International: http://bit.ly/UNZ_IC Contact information Leonid Yuzkov Khmelnytskyi University of Management and Law Scientific Editorial Office 8 Heroiv Maidanu Street Khmelnytskyi, 29000, Ukraine Tel.: +380 (382) 71-80-96 Tel.: +380 (96) 354-60-93 Official website: https://unz.univer.km.ua Email: unz@univer.km.ua Journal profiles and resources Google Scholar: http://bit.ly/UNZ_Google Vernadsky National Library of Ukraine: http://bit.ly/UNZ_Vernadskyi Facebook: http://bit.ly/UNZ_FB Telegram: https://t.me/unzua
Хмельницький університет управління та права імені Леоніда Юзькова
Tactics of Conducting Investigative (Search) Actions of Presentation to Identify Various Objects in the Conditions of the Legal Regime of Martial State
The scientific articles analyse the problems of using tactical features in the process of cognition of various objects during the investigation of war and other crimes under the legal regime of martial law. The advantages of various types of prediction for cognition in the process of investigating war and other crimes are argued as one of the key investigative (detective) actions during the pre-trial investigation of the specified crimes on hot pursuit. It is noted that the long-term investigative practice of predicting various objects for cognition in the extreme conditions of armed aggression of the Russian Federation against Ukraine gives rise to several tactical features in the process of implementing various types of cognition, determined by both subjective and objective factors. The features of the tactics and advantages of prediction for the recognition of a person are analysed in detail, which makes it possible to comprehensively use both static and dynamic, as well as social and accompanying signs of an external person for their identification and identification, which leads to the procedure of pre-trial investigation of war and other crimes by promptly establishing and bringing to criminal responsibility those responsible for their cleansing. The need for the use of remote recognition of a person in the videoconference mode is argued, especially in the conditions of the aggressive war of the Russian Federation against Ukraine, when a person cannot be present at the place of the pre-trial investigation due to injuries, treatment, rehabilitation and other serious reasons. The work analyses the tactical features of prediction for the recognition of unidentified corpses and their parts, which significantly accelerates and facilitates the conduct of molecular genetic examination by creating appropriate conditions for the final identification of the deceased. The tactical features of other types of recognition (of things, animals, their corpses, etc.) in the conditions of the legal regime of martial law are characterised. The need for expansion and criminal-procedural consolidation of additional objects for identification is substantiated, which significantly expands the identification capabilities of pre-trial investigation bodies in the process of investigating war and other crimes.
Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
Implementation of Foreign Models of Social Policy into the System of Administration of Social Services at the Municipal Level in Ukraine
The article examines the administration of social services at the municipal level in the context of the transformation of Ukraine’s public administration system. The relevance of the topic is determined by the processes of power decentralisation, which transferred a significant share of responsibilities in the field of social protection directly to territorial communities, as well as by the challenges posed by the full-scale war and the significant increase in the number of vulnerable population groups. Under these conditions, the search for effective management mechanisms for organising social services at the local level and the use of best international practices become particularly important. The study clarifies the concept of «administration of social services,» interpreted as a set of managerial, organisational, financial, and control mechanisms for planning, coordination, financing, provision, and evaluation of social services within a community. The main models of social policy in world practice are analysed, including the liberal, conservative-corporatist, and social-democratic models, and their key characteristics, advantages, and limitations, in the context of possible application in Ukraine, are identified. It is established that implementing any model in its «pure» form is impossible due to differences in socio-economic conditions and institutional features of state development. The expediency of applying a convergent approach to the modernisation of municipal administration of social services is substantiated, which involves combining instruments from different social policy models. The key directions of such transformation include developing social contracting mechanisms and involving the non-governmental sector; diversifying funding sources for social programs; digitalising management processes; implementing systems to monitor service quality; and introducing individual case management. The implementation of the proposed management mechanisms will contribute to the development of a modern, service-oriented model of social protection in Ukraine, aligned with European principles of efficiency, transparency, and accountability in public governance.
Copyright (c) 2025 https://creativecommons.org/licenses/by/4.0
Factors Transforming the Contemporary International Legal Order
The article examines the principal factors driving the transformation of the contemporary international legal order amid profound changes in the global security, political, economic, and technological environment. It argues that the full-scale armed aggression of the Russian Federation against Ukraine has become a catalyst for reassessing the effectiveness of existing mechanisms for ensuring international legality and compliance with the fundamental principles of international law enshrined in the Charter of the United Nations and other universal international legal instruments. The authors demonstrate that the current transformation of the international legal order does not involve a revision of its normative foundations but rather the emergence of new institutional, legal, and organisational mechanisms designed to ensure the effective implementation of international legal norms. The article identifies and systematises the principal structural factors shaping the transformation of the international legal order, including changes in the global security environment, geopolitical fragmentation, climate change and the development of international environmental law, the expansion of international sanctions regimes, digitalisation and the rapid advancement of artificial intelligence, as well as the evolving role of international courts and arbitral institutions. It further demonstrates the interrelationship between these factors and their cumulative impact on the development of contemporary international legal regulation. Particular attention is devoted to the analysis of emerging international legal mechanisms developed in response to current global challenges, including international sanctions regimes, compensation mechanisms, special tribunals, international damage registers, compliance procedures, due diligence mechanisms, advisory opinions of international judicial institutions, and the practice of international commercial and investment arbitration. The article substantiates that the development of these instruments increasingly contributes to maintaining the effective ordering of international relations and strengthening the international legal order. The authors conclude that the contemporary international legal order is undergoing a process of functional and institutional transformation, the essence of which lies in adapting the mechanisms for ensuring international legality to new global challenges while preserving the fundamental principles of international law. It is established that the further development of the international legal order will depend on the international community's ability to establish effective mechanisms to ensure compliance with international legal obligations, strengthen international responsibility, and restore confidence in multilateral mechanisms of international cooperation.
A Child as a Subject of Legal Relations in the Sphere of Organ Transplantation
The article is devoted to the study of organ transplantation involving children, in particular to determining their legal status as recipients and donors, as well as examining the ethical and legal issues arising in this field. The paper analyses the normative definition of the concept of a «child» in various legal acts and examines the principle of the best interests of the child as a fundamental basis for regulating medical legal relations. It is established that organ transplantation involving children constitutes a complex multidimensional legal institution that combines medical, ethical, and legal aspects and therefore requires particularly balanced legal regulation. The study reveals that when a child acts as a recipient, the legislation provides for the child’s priority right to receive donor organs, as well as the mandatory requirement of informed consent from parents or other legal representatives, except in emergencies that pose an immediate threat to life. It is established that Ukrainian legislation prohibits living organ donation by minors, except for hematopoietic stem cell donation in cases expressly provided by law and subject to strict legal conditions. Such an approach is justified by the need to ensure the highest level of protection of the child’s life and health. Particular attention is paid to the ethical challenges of modern transplantation medicine, including the practice of conceiving children for subsequent donation. It is argued that such a practice contradicts the principle of respect for the dignity of the child and cannot be considered acceptable from the perspective of contemporary law and bioethics. The article also examines the peculiarities of posthumous donation involving children. The study identifies gaps in legal regulation, particularly concerning the prohibition on the removal of anatomical materials from orphans, children deprived of parental care, and unidentified persons. The author proposes the introduction of a special legal mechanism that would allow an authorised guardianship and custody authority to provide consent for posthumous donation involving orphans and children deprived of parental care. Such an approach would contribute to achieving a balance between the protection of the rights of vulnerable categories of children and the public need for the development of transplantation medicine as an effective means of preserving human life and health.
The Genesis of the Institutionalization of Self-Government at the Regional Level in Ukraine
The article is devoted to a comprehensive study of the theoretical, historical, and legal foundations for determining the essence of self-government at the regional level in Ukraine. The relevance of the topic is driven by the need to reconsider the role of regional councils in the system of public administration under the conditions of post-war recovery and European integration. The study provides a retrospective analysis of the genesis of the regulatory and legal framework for self-government at the regional (oblast) level, beginning with the proclamation of Ukraine’s independence. The key stages in the transformation of the legal status of self-government bodies at the meso-level are identified, from the Soviet model of centralisation to the modern decentralised system. The authors argue that the nature of self-government at the regional level in Ukraine is dualistic, combining features of territorial representation of community interests and elements of «public-service» activity. The article critically analyses scholarly approaches to distinguishing between the concepts of regional self-government and self-government at the regional level and substantiates the expediency of further strengthening the latter as a specific form of implementing the collective will of regional communities, particularly in the context of the concept of multilevel governance. The article clarifies the conceptual and categorical framework and substantiates the necessity of building a model of self-government at the regional level based on the principles of subsidiarity, Open Governance, and institutional capacity. It is concluded that the harmonisation of national legislation with the requirements of the regional policy of the European Union is a strategic imperative.
Copyright (c) 2026 Iryna KOVTUN, Oleksandra KOVTUN https://creativecommons.org/licenses/by/4.0
Digital Transformation of Public Service as a Tool for De-Shadowing the Economy and Ensuring Border Security in Ukraine
The article examines the impact of the digitalisation of public services on the effectiveness of the national security system. The introduction of innovative digital tools into the activities of border authorities is considered a strategic priority for protecting state borders. The role of digital competencies of employees in ensuring the resilience of state institutions to hybrid threats is analysed. It is determined that the digital transformation of public administration is a critical factor in protecting national interests, which ensures the speed of decision-making, transparency of processes and integration into the international security space. Particular attention is paid to the use of artificial intelligence technologies, big data analysis (Big Data) and biometric identification to predict security risks. It is important to counteract cyber threats and ensure high-quality, uninterrupted functioning and restoration of digital assets due to external interference or destruction, which, for the border security of Ukraine, is currently one of the strategic priorities. The international experience of implementing integrated border management (IBM) systems is analysed, in particular, the standards of the EU and the Frontex agency. The European model, which complies with EU standards and Frontex guidelines, is the most acceptable model for transforming the concept and system of national security, particularly in terms of strengthening border security. It has been determined that the integration of innovative solutions into the work of public servants increases the efficiency of responding to hybrid threats and ensures the digital sovereignty of the state in the face of global challenges. The digital transformation of the public service requires the parallel development of cyber resilience. The protection of state registers should be considered not only as a technical task, but as a strategic condition for preserving state sovereignty in the information sphere. It has been proven that in the face of hybrid threats, the digitalisation of the public service is a way to achieve «digital sovereignty», the creation of an ecosystem where data is protected, and decisions are made instantly based on accurate algorithms.
Copyright (c) 2026 Інна ШЕВЧУК, Віталій ДАНЧЄВ https://creativecommons.org/licenses/by/4.0
Digitalisation of the Public Management System of Border Security as a Factor in Optimising Management Decisions in the Field of National Security
The article examines the role and significance of digitalisation in the transformation of the public management system of border security. The authors substantiates that the introduction of the latest digital technologies (AI, Big Data, automated risk analysis systems) is a determining factor in optimising public management decisions. The authors emphasise that digitalisation changes the traditional cycle of management decision-making and includes the following interrelated stages: automated information collection; analytical processing and risk assessment; formation of alternative management decision options. Strengthening the use of decision support systems (Decision Support Systems, DSS) and the implementation of management decisions and monitoring results. The transition from traditional control models to data-driven management (Data-driven decision making), which allows minimising corruption risks and the human factor, is considered. Particular attention is paid to the integration of border components within a single digital space, which contributes to increasing the effectiveness of responding to hybrid threats. It is proven that the digitalisation of the management process at the border directly strengthens the national security of the state by strengthening economic stability and territorial integrity. The results of the study suggest recommendations for further improvement of digital tools in the activities of public authorities, in particular, to expand the use of artificial intelligence technologies and predictive analytics to predict the risks of cross-border crime and optimize control procedures; to strengthen the implementation of control models based on risk assessment; to ensure cybersecurity of digital border management systems; to improve digital accountability and audit systems that will ensure full transparency and traceability of management decisions and increase the level of trust in public institutions.
Copyright (c) 2026 Інна ШЕВЧУК, Едуард ЩЕПАНСЬКИЙ https://creativecommons.org/licenses/by/4.0
State Policy on the Integration of Veterans into the Educational System for Preparing the Population for National Resistance
The article analyses the role of war veterans in the formation and development of Ukraine’s system for preparing the population for national resistance under contemporary security challenges. It substantiates that the state's sustainable development and the effectiveness of national security directly depend on the level of civic awareness, society’s readiness for collective action, and the recognition of responsibility for protecting Ukraine’s sovereignty and territorial integrity. Particular attention is paid to the socio-political and educational dimensions of national resistance, as well as to the interdisciplinary nature of preparing the civilian population to act in wartime and crises. The potential of war veterans is revealed as carriers of unique combat, social, and value-based experiences, capable of acting as key agents in the intergenerational transmission of national-patriotic and security-oriented attitudes. The article examines the legal and regulatory framework for the integration of veterans into the education sector, particularly in the context of implementing state policy on social and professional adaptation and the introduction of methodological recommendations for their employment within the education system, including positions as teachers of the subject «Defence of Ukraine.» The main advantages of involving veterans in the educational process are outlined, including enhancing the practical orientation of education, developing learners’ competencies in security, defence, and civil protection, as well as strengthening youth motivation and civic responsibility. Key limitations to the integration of veterans into pedagogical activity are identified, and ways to overcome them are proposed, including psychological support, methodological assistance, and improvement of mechanisms for evaluating the effectiveness of educational activities. The article concludes that the development of competency-based approaches to veterans’ remuneration is advisable as an important condition for the effective use of their potential within the system of preparing the population for national resistance.
Copyright (c) 2026 Оксана ВОЗНА https://creativecommons.org/licenses/by/4.0
Formation of Global HR Strategies in the Conditions of Transnationalisation of Business
The article explores the theoretical and practical aspects of the formation of global HR strategies in the context of business transnationalisation. The concept of transnationalisation as a defining characteristic of the current stage of globalisation development is explored, and current trends in the transnationalisation of the world economy are highlighted. It is noted that the main challenges of business transnationalisation include differences in the legal and regulatory environment of different countries, the complexity of managing and coordinating international activities, financial and political risks, increased competition in local markets, difficulties in logistical support, the need to adapt business models to local conditions, data protection, compliance with ethical norms and ensuring corporate social responsibility. The impact of globalisation processes on the transformation of HR management systems, on changing approaches to HR policy, and on strengthening the role of human capital in ensuring the competitiveness of companies in international markets is substantiated. The main factors influencing the formation of global HR strategies are identified, in particular, the digitalisation of the economy, international employee mobility, intercultural interaction, the development of talent management, and the need to adapt HR practices to the local operating conditions of international companies. Global HR strategies are systematised in the context of business transnationalisation, which contributes to a deeper understanding of the tools for ensuring the company’s competitive advantages in the conditions of a modern, integrated and high-tech economic space. Modern approaches to strategic HR management in the international business environment are characterised, and the features of combining global standardisation of HR processes with local adaptation of personnel decisions are revealed. This necessitates the need to demonstrate a high level of flexibility and the ability to adapt to the socio-cultural, legal and economic specifics of different labour markets. It is emphasised that at the present stage, the globalisation of the labour market for Ukraine has become an important tool for integration into the world economy through the development of human potential. In the conditions of war, business relocation and large-scale migration, a new employment model is being formed, in which remote work, international recruitment and export of intellectual services play a key role, which are fundamental factors in ensuring the economic stability of the state. In conclusion, it is noted that strategic HR management is becoming a key tool for ensuring the stability and competitiveness of international business. The implementation of global HR strategies allows for optimising the use of intellectual capital and synchronising the interests of personnel with corporate goals. The need for further improvement of strategic HR management mechanisms in the context of dynamic changes in the global labour market and increased international competition was noted.
Copyright (c) 2026 Михайло ВЕДЕРНІКОВ, Оксана ЧЕРНУШКІНА, Леся ВОЛЯНСЬКА-САВЧУК, Олександр ГОРБАТЮК https://creativecommons.org/licenses/by/4.0
The Activities of the State Border Guard Service of Ukraine in the Field of Migration through the Prism of the Case Law of the European Court of Human Rights
The article examines the case law of the European Court of Human Rights (ECHR) in the field of migration and determines its significance for the operational service of the State Border Guard Service of Ukraine. The relevance of the topic is due to the growing importance of international standards for the protection of human rights in conditions of military conflicts, cross-border mobility of the population and increased attention to the activities of border formations by European judicial institutions. The research is aimed at solving the scientific problem associated with migration reports that are made in the process of protecting the state border and creating the basis for applying for judicial protection. The purpose of the article is to examine the established legal positions of the ECHR, which relate to the maintenance of human rights in the migration sphere and are important for the operational service activities of the State Border Guard Service of Ukraine. The decisions of the ECHR in the migration sphere are studied in the context of the implementation of national legislation and in accordance with the subject of their study — operational service activities to ensure border security. The key features of the legal doctrine based on the principle of non-refoulement are clarified. The ECHR simultaneously expands the standards of protection for various categories of migrants and considers state sovereignty in the implementation of migration control through the prism of state accountability for the maintenance of human rights. Various aspects of the legality of the detention of migrants, the conditions of their detention and the use of alternative measures, which determine the impact on national lawmaking and law enforcement activities, remain the subject of international judicial review. The legal positions of the ECHR in decisions against Ukraine are also analysed in relation to the scientific views of modern foreign researchers on the observance of human rights during migratory movements, who use certain doctrinal constructs to expand the legal arsenal of substantiation of court decisions: the principle of migratory vulnerability, the practice of pushbacks. Based on the analysis of the decisions of the ECHR against Ukraine, types of procedural violations in the processes of state border protection were identified, in particular regarding the retention of improper documentation, exceeding the terms of detention for value, more effective appeal procedures and insufficient consideration of the risks for individuals in the event of their return to the country of origin. At the same time, the manifestation of the systemic nature of grossly violated human rights and the general focus of national practice on compliance with European standards were emphasised. The implementation of the practice of the ECHR is an important prerequisite for the development of integrated border management, ensuring the effectiveness of border policy, strengthening cooperation between Ukraine and the European Union in the field of security, migration and protection of human rights.
Copyright (c) 2026 Руслан ГРИНЬКО, Михайло КОРОЛЬ, Андрій МОТА https://creativecommons.org/licenses/by/4.0
Rulings on the Appointment of an Expert Examination in Civil Cases as a Subject of Appeal
A ruling on the appointment of an expert examination is an independent subject of appeal. However, a cassation appeal cannot be filed separately against such a ruling. The appointment of an expert examination is one of the grounds for issuing a ruling on the suspension of proceedings in a case, which is also an independent subject of appeal. These rulings constitute separate subjects of review, each having its own scope of verification. There are frequent cases of appeals against rulings on the appointment of an expert examination on the grounds that, during the suspension of proceedings, the court collected, attached and provided the expert with new evidence for conducting the examination. The existence of such cases is caused by the courts’ incorrect interpretation of the rules on the suspension of proceedings as a procedural complication within which the appointed expert examination is conducted. To avoid such recurring judicial errors, there is a need to supplement the CPC of Ukraine with provisions stating that an expert’s motion to collect new or additional materials and samples shall be considered by the court after the suspended proceedings have been resumed. A ruling rejecting a party’s request to attach a payment document confirming payment of the cost of the expert examination and to send the case materials for examination is not an independent subject of appeal, including in cases where the party was improperly notified of the need to make such a payment. It has been established that there is no clear regulatory definition of the temporal limits for exercising the right to initiate an expert examination at the request of a party to the case, which has led to divergent judicial practice on this issue. After the opening of proceedings in a case, issues related to the need for an expert examination and the obtaining of a corresponding expert opinion should, in the author’s view, be resolved only by the court. This is due to the importance of determining the need for an expert examination, the type of examination, the formulation of questions to be answered by the expert, the need for a particular number of experts or expert institutions, and the ability to request the necessary materials for the examination. Such skills are available to the court, whereas an average party to the case does not possess the relevant knowledge and skills. The article identifies insufficient regulation of the relationship between the exercise of the right to initiate an expert examination at the request of a party to the case and the appointment of an expert examination by the court, including the court’s obligation to appoint it when the party did not exercise the former right and instead applied to the court with a motion for its appointment. A ruling refusing to appoint an expert examination by the court should be classified as an independent subject of appeal.
refusal to appoint an expert examination
Copyright (c) 2026 Oksana TRACH https://creativecommons.org/licenses/by/4.0
Enhancement of the Civil Legislation of Ukraine on Assisted Reproductive Technologies in Accordance with the EU Legal Standards
The article highlights current issues in improving the civil legislation of Ukraine on assisted reproductive technologies (ART) and its harmonisation with EU law as an important component of the European integration process. It is emphasised that, in general, the rights of individuals in the field of ART generally comply with the requirements of the Copenhagen criteria in ensuring fundamental rights and freedoms. However, due to the absence of clear procedural regulation–particularly the lack of a specialised law on ART–as well as ethical controversies and religious biases regarding parenthood and the rights of the child, there is a growing need for harmonisation with European bioethical standards as defined in the Convention on Human Rights and Biomedicine (Oviedo Convention). Among the problematic aspects of the current Ukrainian legislation on ART that do not fully comply with EU legal standards are insufficient regulatory oversight of the use of embryos in research and inadequate compliance with quality and safety standards for the donation, procurement, testing, processing, preservation, storage, and distribution of reproductive tissues and cells. Another concern identified in the EU context regarding the rule of law and ethical standards in Ukraine is the insufficient protection of the rights of children born through surrogacy. This includes restrictions on their right to know their origin, which in Ukraine is limited by donor anonymity. Additionally, a problematic aspect of the current alignment of Ukrainian legislation with EU standards in the field of ART is discrimination and inconsistency with European principles of equality, as current legal norms restrict access to surrogacy programs for same-sex couples and single men. Given the EU’s emphasis on inclusivity and accessibility, such restrictions may be interpreted as discriminatory. In conclusion, the adaptation of Ukrainian legislation concerning the protection of individual rights in the field of ART, in accordance with EU legal standards, is currently aimed at addressing these problematic aspects, particularly through the establishment of clear rules governing the application of ART.
personal non-property rights of individuals in the field of assisted reproductive technologies
Copyright (c) 2026 Mariia KUZENKO https://creativecommons.org/licenses/by/4.0
Effectiveness of Economic Justice as a Multidimensional Legal Category
The article examines the effectiveness of commercial litigation as a multidimensional legal category to identify systemic determinants of the quality of justice, develops models for evaluating the effectiveness of commercial courts, drawing on European experience, and proposes improvements to the legal regulation of court procedures and judicial practice. It is emphasised that the effectiveness of commercial litigation is not merely a qualitative characteristic of the process. Still, an integral legal category encompassing a complex of interrelated criteria, such as legal, procedural, organisational, managerial, economic, social, etc. It is noted that the concept of the effectiveness of economic proceedings has a multidimensional meaning, which includes: the directly legal dimension — compliance with the principles of the rule of law, competition and proportionality; procedural — balance between formal guarantees and process speed; organizational and administrative — rational workload of courts, optimization of court procedures, use of electronic justice; economic — the ratio of costs and beneficial effect of court protection and socio-legal — the level of trust in the court, perception of justice and predictability of court decisions by business and society. Attention is drawn to the existence of a close connection between the efficiency of economic justice and the level of economic trust in the market, which is carried out through: ensuring the fulfilment of economic obligations and legal predictability; duration of proceedings and access to justice; organizational and technological capacity of courts, as well as due to managerial and budgetary factors that change the economic incentives of subjects of economic activity. It is concluded that the effectiveness of commercial justice in Ukraine and/or commercial justice in EU member states in terms of efficiency (time, cost, enforceability), quality (motivation, predictability), independence, digitalization, and organizational capacity systematically affects the economic behaviour of business entities, resulting in a reduction of transaction costs and risks of default; increasing the availability and speed of restoration of rights; increasing readiness to provide trade credit, invest, enter global value-added chains; an increase in the probability of voluntary implementation of decisions and, as a result, a reduction in the burden of enforcement.
multidimensionality of effectiveness of justice
Copyright (c) 2026 Victoriіa RIEZNIKOVA, Valentyn SHCHERBYNA https://creativecommons.org/licenses/by/4.0
Reforming State Pension and Social Insurance Funds as a Direction for Optimising the State’s Financial Resources
The scientific article examines the process of reforming state pension and social insurance funds as an important direction for optimising the state's financial resources amid modern socio-economic and military challenges. It is substantiated that the growth of social expenditures, the dispersion of financial flows across different funds, the insufficient level of coordination between them, as well as limited control over the targeted use of funds, have necessitated transforming the social insurance system. Special attention is paid to the influence of demographic, socio-economic and military factors on the functioning of the state pension and social insurance system as a whole. The prerequisites and consequences of the institutional reform, which provided for the liquidation of the Social Insurance Fund of Ukraine and the transfer of its functions to the Pension Fund of Ukraine, are described. It is established that such integration contributed to the formation of a consolidated model of state pension and social insurance administration, which allows reducing administrative costs, optimising financial resources and strengthening control over their use. The mechanisms of centralisation of financial flow management, digitalisation of processes and introduction of electronic services are analysed. It is emphasised that such an integrated model aligns with European practices for managing social insurance systems. At the same time, it was revealed that there is a regulatory inconsistency between the provisions of the Law of Ukraine «On Compulsory State Social Insurance», which provides for the functioning of the social insurance fund as a separate entity, and the actual organisational model that has developed after the reform. It is proven that the current state of legal regulation should be considered as a transitional stage that requires further harmonisation of legislation. It was determined that the priority of further reform should be the optimisation of financial resources based on their consolidation with the social insurance fund in case of unemployment, with the expansion of digitalisation tools for the management of social public funds.
Copyright (c) 2026 Viktor SYNCHAK, Oksana BERNAT https://creativecommons.org/licenses/by/4.0
The Procedural Construction of Obtaining Readings from Technical Devices and Technical Means: Systemic Contradictions and Functional Capacity
The purpose of the article is to determine the functional role of the procedural mechanism established by Article 245-1 of the Criminal Procedure Code of Ukraine within the system of criminal evidence, to identify its internal structural contradictions, and to assess its practical effectiveness in the digital environment of criminal proceedings. The methodological basis of the research includes systemic-structural, systemic-activity, formal-legal, and praxeological methods. The study is based on the analysis of Ukrainian criminal procedural legislation, judicial practice of the Supreme Court, and the approaches developed in the case law of the European Court of Human Rights concerning interference with private life in the context of video surveillance and the collection of digital information. The study demonstrates that the procedure for obtaining data from technical devices constitutes a hybrid procedural construction aimed at transforming digital information from its original technical environment into a procedurally stabilised evidentiary object. It establishes that the effectiveness of this procedural mechanism substantially depends on the conduct of the owner or holder of the technical device, while key technological operations are delegated to a third party outside the investigator’s direct procedural control. The article identifies structural and praxeological defects of the corresponding legal model, including the absence of an effective mechanism for compulsory execution of the investigator’s order, uncertainty regarding the concept of a publicly accessible place, limited possibilities of procedural control over the copying of digital data, and insufficient regulation of mechanisms for verifying the integrity and authenticity of digital information. The research further substantiates that the examined procedural mechanism has not formed an autonomous and functionally complete model for obtaining digital evidence in criminal proceedings and remains in functional competition with general methods of collecting evidence under Article 93 of the Criminal Procedure Code of Ukraine. The scientific novelty of the study consists in identifying the internal functional instability of the procedural construction established by Article 245-1 of the Criminal Procedure Code of Ukraine, which results from the combination, within a single mechanism, of elements of obtaining digital information, its technical extraction, and its procedural stabilisation as an evidentiary object. The practical significance of the study lies in the possibility of using its conclusions to improve criminal procedural legislation on digital evidence, develop unified procedural standards for verifying and stabilising digital information, and optimise practical approaches to obtaining video data and other digital materials during pre-trial investigation.
functional competition of procedural forms
Copyright (c) 2026 Yurii MYROSHNYCHENKO https://creativecommons.org/licenses/by/4.0
Digitalisation of Mechanisms for Ensuring Access to Public Information under the Conditions of the Transformation of Public Administration in Ukraine
The article examines the problem of digitalisation of mechanisms for ensuring access to public information in the context of the transformation of Ukraine’s public administration system. The significance of this research stems from the necessity to ensure the openness, transparency, and accountability of public authorities in the context of the ongoing development of the digital society and the widespread adoption of e-government and digital technologies in public administration. The purpose of the article is to investigate the peculiarities of the digitalisation of mechanisms for ensuring access to public information in Ukraine, to analyse the current state of digitalisation of the information access system, and to substantiate directions for improving mechanisms for ensuring access to public information under the conditions of the digital transformation of public administration. The study analyses contemporary scientific approaches to ensuring access to public information, the digitalisation of public administration, the development of e-governance, information openness of public authorities, and the implementation of digital mechanisms of interaction between the state and citizens. The peculiarities of the use of modern information and communication technologies, electronic services, digital platforms, open data, and e-democracy tools in the activities of public authorities are examined. It has been established that contemporary scientific approaches are mainly focused on specific aspects of the digital transformation of public administration, while the issue of comprehensive digitalisation of mechanisms for ensuring access to public information requires further systematic research. The article identifies a system of mechanisms for ensuring access to public information, including legal, organisational and institutional, digital and communication, socio-participatory, personnel, and security mechanisms. Their main components and functional purposes within the public administration system are determined. The current state of digitalisation of mechanisms for ensuring access to public information in Ukraine is investigated, and the main problems of their functioning are identified, including the fragmentation of digital infrastructure, insufficient integration of state information systems, uneven levels of digitalisation of public authorities, cybersecurity risks, and digital inequality among the population. The scientific value of the study lies in the proposed author’s structural and functional model of digitalisation of mechanisms for ensuring access to public information, which integrates the system of information access mechanisms with a methodological toolkit for assessing the level of digital maturity of public administration and takes into account contemporary external factors of digital transformation. As a result of the study, it is concluded that the effectiveness of digitalisation of mechanisms for ensuring access to public information depends on the level of development of e-governance, the integration of digital systems, the digital competencies of public servants, the level of digital inclusiveness, and the provision of information security. Directions for improving mechanisms for ensuring access to public information under the conditions of the digital transformation of public administration in Ukraine are substantiated.
Copyright (c) 2026 Ірина П’ЯТНИЧУК, Інна СУРАЙ https://creativecommons.org/licenses/by/4.0
Conceptual Foundations of Mechanisms for Public Management of the Educational Potential of Local Communities
The conceptual and terminological framework of mechanisms for public management of the educational potential of local communities has been summarised. Scientific approaches to the interpretation of the concepts of «mechanism,» «public management,» «education,» and «educational potential» have been analysed. It is emphasised that the substantive scope of the category «public management» integrates state and municipal administration as its basic components. It is proposed that public administration mechanisms be viewed as a complex system of methods, tools, procedures, and resources with a clear legal and regulatory foundation, through which a targeted influence is exerted on administrative entities in order to address social problems and advance the public interest. The paper identifies various interpretations of the concept of education, specifically education as a value, a process, an outcome, a system, and a social institution. It is emphasised that education is an instrument of resilience in times of aggression and the main driver of Ukraine’s future recovery. The concept of education is examined as an open system with a set of specific properties that characterise its systemic nature, namely: integrity, self-organisation, resilience, nonlinearity, non-equilibrium, and complexity. It is argued that educational potential serves as a fundamental determinant of the socioeconomic progress of local communities. The paper examines research areas related to educational potential, specifically as a component of national cultural wealth; as a quantitative indicator reflecting the educational level of the workforce and changes in the complexity and quality of labour; and as a basic component of intangible capital. The use of a comprehensive approach to interpreting the concept of «mechanism of public governance of educational potential» is justified. The principles for developing the educational potential of local communities have been systematised, including: emergence, hierarchy, integrity, priority of quality, adaptability, accessibility, and continuity. In this context, emphasis is placed on taking into account the Law of Ukraine «On Education,» which contains a list of principles for educational activities.
Copyright (c) 2026 Надія ЛАЛУЄВА https://creativecommons.org/licenses/by/4.0
Choice of Law in Employment Relations Involving Foreign Element: Problems of Current Regulation and Prospects for Modernisation of Ukrainian Private Law
The article is devoted to the issue of determining the admissibility of implementing the principle of party autonomy in employment relations with a foreign element under the current legislation of Ukraine. The relevance of the study is dictated by the absence of a unified approach in Ukrainian legal scholarship regarding the possibility of choosing the law applicable to an employment contract, as well as by the need to harmonise Ukrainian legislation with the law of the European Union. The purpose of this article is to define the content and legal nature of Part 1 of Article 52 of the Law of Ukraine «On Private International Law» and to determine whether the general provisions on the choice of law may be applied to employment contracts. The methodological basis of this article consists of the systemic, historical-legal, and comparative-legal methods, which made it possible to perform a comprehensive assessment of the current conflict-of-laws regulation, the provisions of relevant international treaties of Ukraine, and foreign legislation. Particular attention is paid to the correlation between general and special conflict-of-laws rules, as well as to the role of mandatory and/or overriding mandatory rules in ensuring the protection of employees’ rights. The analysis has shown that the current wording of Article 52 of the Law of Ukraine «On Private International Law» is mandatory in nature and does not provide for the possibility for the parties to choose the law applicable to an employment contract, except in cases expressly provided for by laws or international treaties of Ukraine. It is proven that the application of general provisions on the choice of law to employment relations contradicts the specific nature of labour law and creates risks of circumventing laws aimed at protecting employees’ rights. At the same time, the comparative analysis shows that most European legal orders allow limited party autonomy in employment relations, provided that a certain standard of protection of employees’ rights is ensured. This approach is also reflected in the new Draft Civil Code of Ukraine, which fixes the possibility of choosing the applicable law, provided that the employee’s position is not worsened. In conclusion, the article argues that it is advisable to introduce into the national legislation of Ukraine the institution of limited party autonomy in employment relations complicated by a foreign element, with clear statutory guarantees for the protection of the employee as the economically weaker party.
employment relations with a foreign element
Copyright (c) 2026 Ievgen BOIARSKYI https://creativecommons.org/licenses/by/4.0
Peculiarities of Water Legislation Reform in the Post-War Period in Ukraine
The article examines environmental and legal issues related to water resources in Ukraine. In his scientific work, the author analyses the critical ecological state of the Black and Azov Seas, rivers, lakes, and groundwater in Ukraine since the beginning of the full-scale invasion of the Russian Federation into our territory and the global nature of the environmental damage caused by the enemy’s military actions to these natural resources. In this area, legal relations are monitored using statistical data from official public sources and from sources of state executive authorities regarding the environmental disaster observed in the aquatic environment of Ukraine. It should be noted that the institute of reparation of Russian funds to Ukraine for damage caused to the natural environment, including the water fund of Ukraine, and ways of its implementation in the legal sphere are being studied. The article examines national regulatory legal acts, international treaties, and conventions in the field of water relations, which are aimed at protecting and rationally using water, and legal gaps in the field of water relations, which Ukraine, together with international partners, is obliged to address for a prosperous environmental future for society as a whole. In the context of our country’s integration into the European Union, we need to implement many more European Union directives on environmental legislation related to water resources at the national level and to reform the management apparatus of Ukraine's water fund. In this regard, the author examines the mechanism of international cooperation between Ukraine and the Kingdom of Denmark to improve and update groundwater management in our country in the post-war period. The study notes the need to reform water monitoring at the state level to meet modern European standards and requirements and to create sanitary protection zones for the aquatic environment in Ukraine to protect and restore our water resources, ensure the continued existence of ecologically healthy flora and fauna in them, and ensure their future protection and restoration.
Copyright (c) 2026 Anna MISINKEVYCH https://creativecommons.org/licenses/by/4.0/
Respect for Human Rights in the Field of State Border Security of Ukraine: Current Challenges and Implementation of European Experience
The article analyses current issues related to the observance of human rights in the field of Ukraine’s state border protection. It emphasises that the activities of the State Border Guard Service of Ukraine are aimed at ensuring an appropriate level of legal protection for travellers, an integral component of European border management standards. The practical implementation of progressive European practices in state border protection in Ukraine is examined, including the modernisation of border infrastructure and the introduction of digital services into the operations of state border protection authorities. The judicial practice in the administrative and legal regulation of state border-crossing procedures is reviewed, with due regard for human rights. Problematic issues in the field of human rights observance in cases of detention and holding of foreigners and stateless persons for illegal crossing (or attempted illegal crossing) of the state border are highlighted. The relevance of implementing the «Custody Records» system to the State Border Service's activities is emphasised. It can, on the one hand, significantly reduce violations of individuals’ rights during the application of border procedures, and, on the other hand, strengthen the guarantees protecting State Border Service personnel from unfounded accusations and increase their accountability. The need for systematic legal training and advanced training of state border protection personnel and units is emphasised. The need to develop and adopt the Law of Ukraine «On Integrated State Border Management» and to create an interdepartmental coordination body under government control is substantiated as a strategically important step to ensure an effective state border protection system that meets European Union standards. The need to develop and adopt the Law of Ukraine «On Integrated Border Management» and to establish an interagency coordination body under government control is substantiated as a strategically important step to ensure an effective state border protection system that complies with European Union standards. It is proposed to adapt the institutional model of the Fundamental Rights Office/Fundamental Rights Monitors to the State Border Guard Service's activities to prevent human rights violations, enhance the transparency of border authority operations, and integrate European Union practices into Ukraine’s national integrated border management system. It is concluded that improving Ukraine’s legal framework for integrated border management, as a new institution within the state border protection mechanism, will ensure a balance between guaranteeing national security and complying with international human rights standards.
Copyright (c) 2026 Valentyn ZOLKA, Yuliia STEPANOVA, Mykhailo KOROL, Nataliia RADCHENIA https://creativecommons.org/licenses/by/4.0/
Geopolitical Strategies of Contemporary China in the Context of the Transformation of the Global Order and Their Implications for Ukraine
The article provides a comprehensive analysis of the strategies pursued by the People’s Republic of China (PRC) to achieve global leadership amid the transformation of the contemporary international order. The study employs an interdisciplinary approach and examines the economic, technological, geopolitical, security, and ideological dimensions of China’s global policy. It argues that China’s model of expanding international influence is systemic and long-term in nature, combining elements of state-led strategic planning, market mechanisms, and purposeful external expansion. Based on an analysis of strategic policy documents, reports by leading analytical centres, statistical and monitoring data, and scholarly publications, the article demonstrates that China is implementing a multidimensional strategy of global influence. In the economic domain, the “dual circulation” strategy aims to strengthen domestic demand while expanding external economic ties, positioning the PRC as a key actor in global value chains. Particular attention is given to the Belt and Road Initiative, which is interpreted not only as a transport and infrastructure project but also as an instrument of China’s geo-economic and political influence across Asia, Africa, Europe, and Latin America. In the technological sphere, China has made significant advances in critical sectors such as artificial intelligence, fifth-generation telecommunications, and advanced energy technologies. The article also analyses the current dynamics of PRC-EU relations, characterised by a combination of economic interdependence and growing strategic rivalry. It shows that the EU increasingly perceives China not only as a trading partner but also as a systemic competitor and a strategic challenge, particularly in the areas of technology, investment security, and regulatory influence. This development reshapes the broader. The author also examines the implications of China’s growing global influence for Ukraine. The article argues that the evolution of PRC-EU relations and the fragmentation of the global economy create both risks and opportunities for Ukraine. While maintaining its strategic partnership with the United States and commitment to European integration, Ukraine must also adapt its foreign economic policy to China’s growing role in global supply chains and international trade. The conclusions emphasise that China’s contemporary geopolitical strategies constitute a long-term project reshaping the rules of international politics, economics, and security. The article underscores the importance of continued systematic research to support evidence-based policymaking and enable Ukraine to adapt its national strategies to a rapidly changing international environment.
Copyright (c) 2026 Nadiia STENHACH https://creativecommons.org/licenses/by/4.0/
The Principle of the Best Interests of the Child in Determining the Child’s Place of Residence under Martial Law
The article defines and characterises the best interests of the child principle in determining the child’s place of residence under martial law. The principle of the best interests of the child is examined in both a broad and a narrow sense. In its broad interpretation, the principle applies to all legal relationships involving a child, whereas in its narrow sense it pertains exclusively to family law relations. It is emphasised that there are no exceptions to the application of the principle of the best interests of the child in any legal relationship where a child is a participant. An individualised approach to the child’s needs should always be applied when determining the child’s place of residence. At the same time, the possibility of a child’s participation in determining his or her best interests is not strictly linked to a specific age, but rather depends on the child’s conscious understanding of the circumstances of his or her own life. Decisions regarding a change of the child’s place of residence must be tailored to the individual child. The issue of the forced evacuation of children is also examined. Such legal relations do not fall within the scope of family law, as they involve state intervention to ensure the child’s safety, life, and health. It is established that, as a consequence of martial law, cases concerning the determination of a child’s place of residence have extended beyond the traditional scope of family law disputes. It is concluded that a child’s place of residence constitutes an element of the child’s autonomy. Therefore, this issue is particularly sensitive and requires respect when parents, other family members, or the state interfere. Any intrusion into a child’s autonomy must be accompanied by respect for the child’s dignity and individuality and may be justified only where compelling circumstances necessitate a change of residence. Accordingly, when determining a child’s place of residence, it is essential to assess how disruption to the child’s habitual way of life — such as separation from family, school, or peers — may cause psychological stress and affect the child’s overall development and social adaptation. Thus, a decision to establish a new place of residence must be supported by substantial and well-grounded advantages that clearly justify such a change.
Copyright (c) 2026 Olga AVRAMOVA https://creativecommons.org/licenses/by/4.0/
Assessment of the Effectiveness of Procedural-Legal Regulation: the Commercial-Procedural Aspect
Taking into account the constitutional foundations of justice and the specifics of procedural law, the essence and content of the category of «effectiveness of procedural-legal regulation» are revealed. The factors determining the effectiveness of procedural-legal regulation are identified, and their specificity in the commercial-procedural dimension is substantiated. The role of judicial discretion and judicial activism in the implementation of procedural norms is examined, and their influence on the effectiveness of commercial adjudication and on transaction costs for businesses is clarified. Attention is paid to the analysis of the risks and shortcomings of excessive judicial activism in relation to the principle of legal certainty, the stability of judicial practice, and the effectiveness of procedural-legal regulation. The essence and main content of the functional model of the commercial procedure are substantiated as a methodological alternative to the norm-centric approach to organising judicial proceedings. The main criteria for assessing the effectiveness of commercial procedural norms are determined, oriented toward combining legal and economic-legal indicators, including: the effectiveness of procedural-legal regulation, procedural economy, the dynamism of the judicial process, the optimal balance of the interests of the individual, society, and the state, judicial practice, the guaranteed realization of procedural rights, and the adaptability of procedural-legal norms. Ways and methods for increasing the effectiveness of procedural-legal regulation in commercial adjudication are formulated, taking into account the need for stability of commercial turnover and the contemporary conditions for the administration of justice in Ukraine. It is emphasised that the effectiveness of commercial procedural-legal norms should be assessed using a set of interrelated criteria that reflect not only the normative perfection of procedural regulation but also its practical operability, economic efficiency, and capacity to ensure a balance of interests in commercial relations. Such an approach makes it possible to consider procedural-legal regulation as a functional instrument for ensuring effective commercial adjudication, rather than as a self-sufficient formal construct.
effectiveness of procedural-legal regulation
criteria for assessing the effectiveness of procedural-legal regulation
functional model of the commercial procedure
Copyright (c) 2026 Victoriіa RIEZNIKOVA, Valentyn SHCHERBYNA https://creativecommons.org/licenses/by/4.0/
Certain Peculiarities of Establishing Administrative Supervision under Martial Law in Ukraine
This scientific article elucidates the socio-legal nature of administrative supervision established by a court for a specific term regarding convicted persons released from places of deprivation of liberty. It identifies the specifics of its application under martial law in Ukraine. It is established that in recent years, a clear trend toward a decrease in the number of persons serving sentences in the form of deprivation of liberty for a specific term has emerged in our state, which, in turn, necessitates expanding the list of convicted persons to whom the aforementioned type of state coercion should be applied after their release from closed-type correctional institutions. This conclusion is based on the fact that currently, the most socially dangerous categories of convicts who have committed serious and especially serious criminal offences are being held in places of deprivation of liberty. Consequently, until their criminal record is struck or cleared in accordance with the procedure established by law, the state is obliged to establish administrative supervision. An additional argument in this regard is the potential and real threats that have arisen in Ukraine under martial law (2022–2026), which undoubtedly include carriers of increased social danger, including convicts released from closed-type correctional institutions. Based on the research results, other specifics of applying the indicated type of state coercion to this category of persons have been identified, including: persons convicted of committing criminal offenses against the foundations of national security (state treason, collaborative activities, sabotage, etc.); persons convicted of crimes against peace, security of mankind, and international legal order; persons convicted of encroachments on public safety; and others. In view of the above, this scientific article demonstrates the need to improve the legal mechanism for the issues addressed in the study, including through the qualitative modification of legislative and other normative legal acts governing the procedure for establishing administrative supervision over persons released from places of deprivation of liberty.
Copyright (c) 2026 Oleksandr KOLB, Olga PAVLIUKH https://creativecommons.org/licenses/by/4.0
Contracts of Loan and Deposit as the Legal Basis of Financial Activity in Ancient Rome
The article is devoted to the study of private-law contractual mechanisms through which financial, including so-called banking, activity was carried out in Ancient Rome. The methodological starting point of the research is the absence of an independent institutional system of banking regulation in Roman law, which resulted in the realisation of financial operations within the framework of classical contractual constructions of ius civile, supplemented by the instruments of ius honorarium. Particular attention is paid to the analysis of the contracts of loan (mutuum) and deposit (depositum), which constituted the legal core of financial intermediation in the Roman world. The article examines the legal nature and functional characteristics of the contract of depositum in both its classical and non-classical forms, including depositum irregulare, which was widely used in the practice of argentarii and allowed the deposited sums of money to be used by the depositary. The contract of mutuum is analysed as a universal legal form of credit, enabling the redistribution of accumulated financial resources and serving as the principal instrument of the active operations of Roman bankers. Special attention is also given to auxiliary contractual constructions (stipulatio, mandatum, societas), which facilitated the regulation of interest, payment orders, and forms of joint financial activity. The research is based on an analysis of relevant fragments of Justinian’s Digest, which makes it possible to trace the interaction between ius civile and ius honorarium in the regulation of financial relations, as well as on modern historical, legal, and economic scholarship concerning Roman banking practices. The article substantiates the thesis that financial activity in Ancient Rome functioned as a set of private-law relations grounded in the principle of autonomia privata, rather than as a distinct public-law institution. It is concluded that the flexibility of classical contractual models enabled the integration of complex financial practices into the system of Roman private law without the formation of a specialised body of banking legislation. The findings contribute to a deeper understanding of the historical and legal foundations of financial intermediation and may be useful for further comparative studies of Roman and modern banking law.
Copyright (c) 2026 Svitlana LOZINSKA, Zhanna CHORNA https://creativecommons.org/licenses/by/4.0/
Institutional Principles for Implementing Competence in the Field of Seed Production and Protection of Plant Variety Rights
The issue of choosing more effective management mechanisms in the agro-industrial complex with the least expenditure of resources is of interest to scholars of public administration, managers of state and non-state structures, and representatives of specialised associations. The entities responsible for the implementation and formation of policy in a particular agricultural field operate within the sphere of administrative legal relations, which is regulated and structured by an administrative-legal mechanism — a complex of measures and institutional forms; such a situation is characteristic both for Ukraine and for the EU countries. The administrative-legal mechanism is a multifaceted concept; its comprehension through the analysis of institutional forms and the objects of its regulation is a method of synthesis that will allow us to achieve the aim of the research — to reveal the interconnection between the implementation of competence in the field of seed production and protection of plant variety rights and the application of the administrative-legal mechanism. We examined the hierarchical structure of the bodies responsible for the implementation and formation of policy in the field of seed production, nursery production and protection of plant variety rights in Ukraine, and briefly characterised the current situation of public administration, highlighting the states of «control», «relations-chaos», «interconnections», and «balance-resources». Mechanisms for the transition to a balanced state through the functioning of a competent authority have been identified. When selecting alternative models, the experience of the participants of the Twinning project «Approximation of the national legislation of Ukraine in the areas of state supervision (control) of GMOs in open systems, protection of plant variety rights, seed production and nursery production in accordance with EU norms and standards» was used — representatives of the competent authorities of Latvia, Poland, and the Netherlands, the functioning of a single authority. This path has been tested by Latvia and Poland; the reform of the management system in the field of seed production, nursery production and protection of plant variety rights has common features with the domestic one. Additionally, the experience of Denmark regarding the delegation of competence, which is the next stage in the development of public administration, was considered; its application requires additional experiments and overcoming the states of uncontrolled chaotic circulation of seeds and the use of varieties. We proposed circulation control schemes — risk-oriented and administratively responsible.
Copyright (c) 2026 Катерина ГОЛОВКО https://creativecommons.org/licenses/by/4.0
Sanctions Within International Crimes Norms: Balancing Legality and Justice
The issue of criminal responsibility for international crimes extends far beyond the boundaries of domestic state sovereignty. The establishment of the International Criminal Court (hereinafter — the ICC) was the international community’s response to mass human rights violations, primarily as a preventive mechanism to guarantee stability in international justice and ensure compliance with fundamental international norms. At the same time, the invasion of the russian federation into the territory of Ukraine has become a striking example of a dismissive attitude toward both declared domestic values and universally recognized international priorities, relations, treaties, and obligations, as well as toward the historical past and global achievements in the fight against impunity for the most serious crimes. In this regard, the ICC acquires particular significance for Ukraine, not only as a means of prevention but also as a punitive mechanism to guarantee that the perpetrators are held accountable. At the same time, numerous questions arise concerning the application of such an additional mechanism at the national level, which go beyond merely defining the wrongfulness of acts that undermine the international foundations of human coexistence. In light of the requirements for punishment for the most serious and large-scale human rights violations, there is always the task of, on the one hand, achieving justice for the victims of horrific crimes, and on the other, adhering to the principles of legality and equality for those who committed such atrocities, thus following the principles of the rule of law. Here, the issue of punishment for international crimes acquires special meaning both in terms of its preventive influence and in relation to its other functions. To investigate and highlight the relevant challenges in holding perpetrators accountable, a comprehensive analysis of theoretical and practical issues has been carried out, particularly regarding sentencing, through the prism of international standards and national legislation. Using the comparative legal method largely, based on an analysis of international documents and relevant international and national practice, the authors explore the interaction of the principle of legality (nullum crimen, nulla poena sine lege) with the principles of justice and proportionality. Particular attention is paid to the analysis of the "gravity" of the offense in the context of ordinary and international crimes. In this regard, the authors examine the features and problems of holding individuals accountable for "crimes of concern to the international community as a whole," as well as issues of selective justice, mechanisms for the differentiation and individualization of responsibility and punishment, and the significance of sanctions in norms on international crimes, considering the complementary nature of the ICC. Special emphasis is placed on the challenges faced by the Ukrainian legal system in the context of a prolonged armed conflict. The authors criticize the practice of "legal simplification," where international crimes are essentially substituted by ordinary crimes. The paper argues that such a path is a dangerous illusion of efficiency that distorts the very idea of justice and becomes an obstacle to achieving it. Through a critical examination of the phenomenon of "selective" justice, it is argued that a different approach to responsibility for identical internationally recognized wrongful acts committed in connection with the same events undermines the principles of equality and nullifies the idea of a fair trial for those guilty of international crimes, also violating the principles of the inevitability of responsibility and the absence of statutes of limitations. The methodological basis of the study consists of a comprehensive combination of general scientific and specialized legal methods aimed at analysing the punishability of international crimes. In addition to the comparative legal method, which allowed for a comparison of the Rome Statute standards and international case law with national law enforcement, the study was conducted using systemic-structural and formal-dogmatic analysis. Through these, the sanction was investigated not only as a means of reflecting punishment but also as a systemic element that essentially determines the legal regime of a crime in connection with several other institutions, including statutes of limitations and immunities. A hermeneutic approach was applied when considering the categories of gravity and justice, and the legal modelling method allowed for the substantiation of unified approaches to responsibility, which is important for the purposes of the legitimacy of the justice being administered. The main focus of this study is centred on the sanction as an instrument that should reflect the real social danger of acts and as a means that facilitates the implementation of a range of other legal guarantees, while simultaneously performing preventive and retributive functions. In the context of the principles of predictability, other mechanisms for guaranteeing responsibility for the most serious offenses, such as genocide, aggression, war crimes, and crimes against humanity, are also analysed. Contemporary events demonstrate that international criminal law must evolve further, and certain approaches require revision in light of the requirements of justice and the inevitability of punishment, which is particularly relevant for Ukraine today.
Economic Status and Forms of Economic Activity of National Minorities of Podillia in the Context of the Policy of Indigenization in the 1920s–1930s
The specifics of interethnic relations and the everyday life of ethnic communities in Podillia have been studied, which makes it possible to evaluate the practical steps of the party and state leadership of the 1920s–1930s in the field of regulating the economic life of the region, in particular, the Jewish and Polish populations. It is shown that within the framework of the policy of indigenization, the Soviet authorities sought to involve national minorities in active participation in the processes of socialist construction. A transformation of the worldview orientations of the Polish population regarding their own national identity, caused by the fear of repression and discriminatory practices by the state, has been recorded. The complex socio-economic conditions of existence of a significant part of the Jewish population of the cities and towns of Podillia are highlighted. Using materials from individual districts, the results of surveys of the Jewish population and the formation of its social structure, which differed significantly in terms of professional affiliation and level of material security, were traced. The social structure of the Polish national minority is separately characterized, the bulk of which consisted of poor and middle-class strata. At the same time, only a small part of the so-called «barrier nobility» was attributed to the kulak stratum. The formation of cooperative forms of management, particularly agricultural collectives, is analyzed due to low land availability and a shortage of working livestock on the farms of national minorities. Under these conditions, the executive authorities of the Shepetivsky district developed recommendations for the implementation of collective land use. Despite their absence, the first Jewish artels emerged in Ostropol and Krasylivskyi districts. Despite their absence, the first Jewish artels emerged in Ostropol and Krasylivka districts. The causes of conflict relations between the local population and Jewish colonists, which manifested themselves in social tension, land conflicts, and violent actions, are highlighted. The activities of more than 85 national agricultural artels of Podillia, which operated in conditions of economic difficulties caused by a lack of livestock, tools, and limited state credit support, were studied. A significant part of their production was sold through the agricultural cooperative system. In parallel, industrial and artisanal cooperatives developed, particularly in Polish and Jewish communities. An important role in the cooperative movement was played by credit and consumer societies, as well as trade unions, which contributed to the socio-economic integration of national minorities.
Central Commission for National Minorities
Copyright (c) 2025 University Scientific Notes
Methods of Establishing Soviet Power in Podillia (1920–1921)
The study highlights the peculiarities of the establishment of Soviet terror across the region and the mechanisms of the formation of the repressive apparatus of power, in particular, the process of creating the Podolsk Provincial Emergency Commission by the provincial revolutionary committee. This body, in coordination with the provincial revolutionary tribunal, launched systematic activities to search for, neutralize, and physically destroy individuals and social groups classified by the authorities as «counter-revolutionary elements.» The work analyses the tools used to establish the new government, which included the widespread use of violence, including mass executions and forced requisitions. Special attention is paid to the study of the socio-political conditions under which the spontaneous formation of armed peasant detachments occurred. It is shown that these formations were a response of the local population to the repressive policy of the authorities and engaged in armed confrontation with food detachments and units of the Red Army, becoming a significant factor in destabilizing the region. The paper analyses the introduction of special mechanisms to combat the peasant insurgent movement, among which the systematic use of hostage-taking practices and the consistent expansion of the principle of collective population responsibility occupied a key place. These measures were used as a tool to pressure communities, intimidate, suppress resistance, and ensure the smooth functioning of strategically important facilities, primarily rail transport and communications. Attention is drawn to the functioning of the institution of «defendants», which was based on imposing collective responsibility on residents of settlements or districts for «bandit» or «insurgent» actions. The introduction of this system was demonstrative and public: in areas declared «unreliable» by the authorities, decisions were made at general village meetings, increasing psychological pressure on the population. It has been established that since September 1922, an extraordinary «troika» began operating in the province, whose activities extended to the entire territory of Podillia. The main tasks of this body were the operational suppression of «counter-revolutionary» and «bandit» manifestations, the implementation of extrajudicial repressive actions, as well as a campaign to seize weapons from the local population, which finally consolidated the regime of terror over the region.
The Standard of Reasoning of Court Decisions Authorizing the Search of a Dwelling or Other Possession of a Person in the Practice of the European Court of Human Rights
According to Ukrainian criminal procedural legislation (Part 4 of Article 370 of the Criminal Procedure Code of Ukraine), the reasoning of a court decision constitutes a mandatory condition and an integral component of its legality and, at the same time, one of the guarantees designed to ensure such lawfulness. The requirement to provide reasons for a judicial decision serve as a legal basis for conducting an inspection or a search of a dwelling or other possession of a person and has its own specific normative enshrinement, inter alia, in Part 1 of Article 30 of the Constitution of Ukraine and Article 13 of the Criminal Procedure Code of Ukraine, being intended to guarantee the individual’s right to the inviolability of the home. In the interpreting Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, Practice of the European Court of Human Rights, instances of violations of the requirement of reasoning in procedural decisions authorizing searches of a dwelling or other possession of a person have been identified, along with legal positions and guidelines concerning the factors ensuring compliance with this requirement. Based on an analysis of these positions, it is possible to construct a standard of reasoning for court decisions authorizing the search of a dwelling or other possession of a person in the practice of the European Court of Human Rights. In general terms, the content of this standard may be summarized as follows: 1) the mere fact that judicial authorization has been granted to conduct a search of a dwelling or other possession of a person does not, in itself, ensure the lawfulness of the corresponding interference with the individual’s right to the inviolability of the home or other possession, as it does not constitute a sufficient safeguard against abuses by State authorities in the course of carrying out such an investigative measure; 2) even a well-founded but unreasoned judicial decision authorizing a search of a dwelling or other possession of a person fails to satisfy such an element of lawfulness as the necessity of the respective interference in a democratic society; a ruling of an investigating judge authorising a search of a dwelling or other possession of a person must comply with the general requirements of reasoning applicable to any judicial decision, with the exception of the obligation to address all key arguments of the defence; 3) such a ruling must contain all requisites established by criminal procedural law in a judicial decision authorizing a search of a dwelling or other possession of a person; 4) in a court decision on permission to search a person’s home or other possession, the grounds, reasons, purpose of the search and the feasibility of achieving it through a search must be specified by the circumstances of the relevant criminal proceedings and confirmed by proofs obtained in accordance with the procedure established by law; 5) in order to exclude any scope for arbitrariness on the part of the authorities conducting the search, the judicial decision authorizing a search of a dwelling or other possession of a person must clearly define the limits of the scope of the search, in particular by describing the individual characteristics of the items and documents to be sought and seized as a result of the search, as well as by personalizing the persons to be identified through the search; 6) in the event of granting permission to search an advocate’s home or other property, the investigating judge’s decision must clearly define the methods of protecting lawyer confidentiality.
practice of the European Court of Human Rights
ruling of an investigating judge authorizing the search of a dwelling or other possession of a person