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
Invalidity of a Subsequent Will: A Legislative Paradox through the Prism of the Theory of Legal Transactions
The article is devoted to the theoretical and legal analysis of the consequences of declaring a subsequent will invalid through the prism of the general theory of legal transactions. The relevance of the topic is due to a doctrinal paradox: under Part 4 of Art. 1254 of the Civil Code of Ukraine (as well as Part 4 of Art. 1750 of the Draft of the updated Civil Code of Ukraine), the annulment of a subsequent will restores the validity of the previous one only in exceptional cases of defects of will. The purpose of the article is to substantiate the logical contradiction between the specified selective approach of the legislator and the principles of private law, as well as to develop a model for resolving this legal conflict. As a result of the study, it is proven that the current regulation artificially transforms inheritance by will into inheritance by law, which violates the presumption of lawfulness of a legal transaction. From the standpoint of civil doctrine, it is substantiated that an invalid transaction as a legal fiction should not produce any legal consequences from the moment of its commission, including the revocation of a prior expression of will. At the same time, the analysis of the legal positions of the Supreme Court revealed a critical detachment of judicial practice from this theory: the courts strictly adhere to the letter of the law, which leads to negative consequences and preservation of the legislative paradox. The critical risks are proven under which, due to formal procedural violations, property passes to persons whom the testator consistently tried to exclude from inheritance. Proposals de lege ferenda regarding the improvement of rule-making technique are formulated. The necessity of eliminating the conflict by introducing a unified norm providing for the unconditional restoration of the validity of a previous testamentary disposition in case of invalidity of a subsequent will is substantiated, which will ensure compliance with the principles of legal certainty, justice, and good faith. The practical significance of the findings lies in the fact that the formulated conclusions and proposals can be directly utilised in the process of updating civil legislation, as well as in the law enforcement practice of judicial authorities when resolving the relevant category of disputes.
conditions of validity of a legal transaction
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The Role of the Non-Governmental Sector of the Social Security System in the Provision of Social Services under Modern Conditions
The current state, challenges, and prospects for engaging the non-governmental sector in the provision of social services in territorial communities of Ukraine amid decentralisation, social protection reform, and the full-scale war are examined. The legal framework governing the participation of non-governmental providers in the social services system and the principal mechanisms of their cooperation with local self-government bodies are analysed, including social contracting, public procurement, social project competitions, and public-private partnerships. It is established that, despite the legally recognised equal status of service providers regardless of their form of ownership, state and municipal institutions continue to dominate the social services system, while the potential of non-governmental organisations remains underutilised. Significant territorial disparities in the involvement of non-governmental providers and limited access to their services in small urban and rural communities are identified. The particular role of non-governmental organisations in providing scarce and specialised social services, responding promptly to emerging social challenges, and mobilising non-budgetary resources is highlighted. The main barriers to the development of the non-governmental sector are identified, including unstable funding, deficiencies in the social contracting mechanism, unequal operating conditions for municipal and non-governmental providers, the absence of state standards for certain social services, problems with tariff setting, inadequate assessment of the population’s needs, and disparities in the financial and administrative capacity of territorial communities. The necessity of completing the development of state standards for social services, improving social contracting procedures, introducing advance payments and multi-year contracts, enhancing the assessment of the population’s needs, and strengthening public accountability of local self-government bodies is substantiated. It is concluded that the role of local self-government bodies should gradually shift from maintaining municipal institutions to commissioning and coordinating social services, thereby ensuring equal conditions for providers of different forms of ownership and orienting the system towards the needs of service recipients.
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Organisational and Managerial Mechanism for the Provision of Social Services under Contemporary Conditions
The article examines the organisational and managerial mechanism for the provision of social services in the context of the decentralisation of public administration and the transformation of Ukraine’s social protection system. The relevance of the study is driven by the need to enhance the effectiveness of local self-government bodies in ensuring the accessibility, quality, targeting, and continuity of social services, particularly under martial law, the growing number of vulnerable population groups, and the increased responsibility of territorial communities for implementing state social policy at the local level. The purpose of the study is to provide a theoretical substantiation of the essence, content, and structure of the organisational and managerial mechanism for the provision of social services in territorial communities, to identify its key components, and to develop practical directions for improving the functioning of the local social service delivery system. The methodological framework of the research is based on general scientific and special research methods, including the systems approach, structural-functional analysis, logical analysis, generalisation, and graphical modelling, which made it possible to comprehensively examine the management mechanism for the provision of social services. The study generalises scientific approaches to the interpretation of the concept of social services, systematises their functions, identifies the specific features of the social service delivery system in territorial communities, and substantiates the definition of the organisational and managerial mechanism for the provision of social services. A structural model of the mechanism has been developed, incorporating interconnected elements such as principles, objectives, subjects, objects, management functions, methods, levers, instruments, resource support, and expected performance outcomes. The content of each component of the mechanism is described, and the managerial roles of the main participants in the social service delivery process are identified. The study substantiates that the effectiveness of the organisational and managerial mechanism largely depends on adequate regulatory and legal, financial, human, informational, and organisational support, as well as on the level of coordination among the actors involved in the social protection system. Practical directions for improving the mechanism are proposed, including the development of strategic planning, optimisation of the organisational management structure, strengthening interagency cooperation, digitalisation of management processes, enhancement of staff professional competence, implementation of quality management systems, expansion of partnerships with the non-governmental sector, and improvement of financial management. It is concluded that the proposed organisational and managerial mechanism provides a comprehensive approach to managing the process of social service delivery in territorial communities, contributes to more efficient use of resources, improves the quality and accessibility of social support, strengthens the institutional capacity of local self-government bodies, and creates a foundation for the sustainable development of territorial communities and the implementation of the principles of social justice.
Digitisation of Corporate Shares and Shareholders’ Validation in Limited Liability and Additional Liability Companies
This article examines the evolution of the registration of corporate shares held by participants in limited liability companies in Ukraine. It analyses historical methods of recording rights to shares — from including information in the articles of association and the memorandum of association, to maintaining the company’s internal register, up to the introduction of the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Organisations. Based on an analysis of legislation and academic sources, this paper examines two methods of accounting for LLC members’ equity interests and identifies the prerequisites for implementing the Central Securities Depository’s equity interest accounting system, as well as its advantages and disadvantages. The introduction in Ukraine of the ability to record shares in limited liability companies (LLCs) and joint-stock companies (JSCs) in the Central Securities Depository system is atypical for the traditional European model of depository accounting, which is focused on the recording of securities. An analysis of Regulation (EU) No. 909/2014, as well as materials from ESMA and ECSDA, did not reveal a unified mechanism within the EU acquis for the depositary accounting of corporate shares in companies that are not securities. Therefore, the Ukrainian model should be viewed as a specific approach to utilising depository infrastructure to mitigate the risks of unauthorised alterations to information about corporate shareholders and to strengthen the protection of corporate property. The article explains the procedure for transferring share records to the depository system, the functioning of participant accounts and escrow accounts, the conduct of electronic general meetings. The legal status of information from the share registration system that is deemed reliable and may be used in disputes with third parties is examined. A conflict is identified between the provisions of legislation on state registration and those on limited liability companies regarding the retention of information about participants in the Unified State Register after the transfer of share registration to the depository system. The advantages (digitisation, guaranteeing payments under agreements, electronic document management) and disadvantages (high cost of the Central Depository’s services) of the share registration system were analysed, as well as the current practice of its application by companies as of the present time. Further prospects for the development of the depository were outlined. It is proposed to introduce a legal framework for joint accounts in shares within the Central Securities Depository’s share registration system to ensure the exercise of co-owners’ rights.
protection of property rights against raiding
Unification of the Supreme Court’s Case Law on Methods and Rules of Legal Interpretation
The article addresses the unification of the case law of the Supreme Court concerning the methods and canons of legal interpretation as a means of ensuring the consistency of judicial practice in civil and commercial proceedings. The scholarly problem lies in the fact that the insufficient consistency of judicial practice has traditionally been regarded as a substantial deficiency of the domestic legal system, one manifestation of which is the unpredictability with which the courts form and modify their case law, while the question of the legal significance of the methodological statements of the Court of Cassation remains unresolved. The purpose of the article is to determine whether the Supreme Court is able to unify judicial practice in the use of methods and canons of legal interpretation and, if so, in what manner. Drawing on an analysis of the case law of the Supreme Court, the author demonstrates that the recourse of the Court of Cassation to interpretive methodology remains inconsistent and unpredictable, whereas the choice of a particular method of interpretation directly determines the outcome of the dispute and is capable of reversing it. The article examines how the methods and canons of interpretation relate to the notion of a conclusion on the application of legal rules within the meaning of Article 236(4) of the Commercial Procedure Code of Ukraine and Article 263(4) of the Civil Procedure Code of Ukraine. It is established that the division of a court’s statements into ratio decidendi and dictum, borrowed from the law of common law countries, has to a certain extent been adopted by the Supreme Court, yet it provides no unequivocal answer to the question raised, either in domestic or in American doctrine. The author argues that although the methodological statements of the court of cassation are ordinarily attributed to the reasoning underlying a legal position, an individual statement of this kind may simultaneously constitute a conclusion on the application of other legal rules, primarily those governing recourse to the sources of law, and therefore be binding on the courts. The article separately examines whether the proposed concept lends itself to practical application through the criterion of the similarity of legal relations, and shows that the evolution of the case law of the Supreme Court towards a flexible understanding of such similarity poses no obstacle to it. The article identifies the limits of the possible unification of judicial practice concerning the methods and canons of interpretation: those questions that lend themselves to precise specification are suitable for the formation of conclusions on the application of legal rules, the range of such questions being examined against the experience of the United States. The author further contends that the introduction of universal standards of interpretation is inappropriate in the light of foreign experience. It is concluded that the impossibility of specifying certain methodological considerations does not deprive them of legal significance, since they serve as advisory guidance for lower courts, and it is therefore important that the Supreme Court devote sufficient attention to setting out such considerations in writing when resolving complex questions of law.
Using Open Science Infrastructure in Contemporary Analytical Education
The article presents proposals for using the resources and services of the National Repository of Academic Texts (NRAT) to support the development of analytical education. It demonstrates how the existing capabilities of the national NRAT research platform can be employed throughout the full cycle of scientific inquiry: in working with data, conducting research, disseminating results through scholarly publications, carrying out research evaluation, research valorisation, data reuse, and generating new knowledge. This comprehensive and systematic approach differs from a fragmented model in which students engage only with publications as publicly available accounts of research findings and are, in effect, detached from the practical processes of research itself. Through NRAT, anyone can gain access to research outputs and independently explore, using authentic rather than specially prepared teaching materials, how hypotheses are formulated, scientific conclusions are drawn, the data underlying those conclusions, how expert review is conducted, and what constitutes ethical scholarly discussion. The article demonstrates how open scholarly texts, open data, open peer review, and tools for communicating and promoting research can be used to develop students’ analytical thinking, research skills, and evidence-based thinking. Unlike publications that focus on individual elements of open science, such as repositories, open datasets, or open peer review, this article proposes considering their potential in an integrated manner and incorporating them effectively into analytical education at all stages and levels of study, from undergraduate education to postgraduate and doctoral training. In this context, the NRAT web portal and its services are viewed not merely as elements of digital infrastructure, but as effective tools for fostering analytical thinking.
High-Level Public Officials of Ukraine as Subjects of Legal Liability
The study provides a comprehensive analysis of the legal status and specific features of the legal liability of high-level public officials in Ukraine. The relevance of the research stems from significant contradictions, terminological discrepancies, and gaps in the legislation (specifically within the Criminal Code of Ukraine, the Criminal Procedure Code of Ukraine, the Code of Administrative Offences of Ukraine, and the Law «On Prevention of Corruption») when defining the circle of persons who hold particularly responsible positions, are prominent public figures, or other senior officials. It is established that the lack of a single, unified approach to defining the scope of senior officials negatively impacts the quality of law enforcement and criminal prosecution, as well as the proper financial monitoring of these officials. The relevant definitions are analysed through the prism of six fundamental legal requirements, namely: restrictions on holding the respective positions, enhanced integrity screening, increased administrative and criminal liability, special disciplinary liability, provision of state protection, and special procedures for holding them liable. Attention is paid to the provisions of Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and Directive (EU) 2026/1021 on combating corruption. The research highlights a systemic issue regarding the absence of a disciplinary liability framework for over 40 categories of senior officials. The study specifically examines the procedural aspects of criminal proceedings, focusing on contradictions in determining investigative jurisdiction between the norms of the Criminal Procedure Code of Ukraine and the Law «On the State Bureau of Investigation». It is noted that removing ordinary positions from the category of high-level public officials requires establishing a distinct qualifying offense for individuals performing judicial or prosecutorial functions. The author substantiates the necessity of introducing a single, cross-cutting, and exhaustive list of high-level officials in the future Unified Glossary of Legal Terms, specifically to ensure a balance between their enhanced state protection and proportionate and effective legal liability.
Proceedings Concerning the Application of Criminal Measures to a Legal Entity: Special Procedural Form, Representation and Judicial Control
Law of Ukraine No. 4111–IX of 4 December 2024 introduced Chapter 37-1 into the Criminal Procedure Code of Ukraine and created a special procedural regime for applying criminal-law measures to legal entities on the grounds set out in Article 96-3(2) of the Criminal Code, alongside the general procedure applicable to the grounds in Article 96-3(1). The article addresses three interrelated questions: whether Chapter 37-1 amounts to an autonomous special procedural form; what minimum standard of procedural status, representation and defence of a legal entity is required in the light of the European Convention on Human Rights, EU law and comparative experience; and what criteria of legal certainty, proportionality and judicial control should govern interim restrictions, agreements and the temporal operation of the 2024 amendments. Methodologically, the study combines systemic, formal-legal and functional comparative analysis, with primary emphasis on the case law of the ECtHR, the Court of Justice of the European Union, the US Supreme Court, the UK Supreme Court, the German Federal Constitutional Court, the Spanish Supreme Court, and relevant French judicial and quasi-judicial materials. It also includes a provision-by-provision comparison of Articles 483-1 to 483-22 of the CPC of Ukraine with analogous institutions of the general procedure, making it possible to distinguish justified special rules from legislative solutions that dilute procedural safeguards. The article argues that Chapter 37-1 constitutes a special procedural form for proceedings based on Article 96-3(2) of the Criminal Code, but that its current design is only partially integrated into the general architecture of criminal procedure. The most vulnerable elements are not the formal linkage of the commencement of the special track to a prosecutor’s decision or a court ruling as such, but the absence of externally verifiable safeguards against de facto proceedings concerning a legal entity outside the special status, the conflation of representation and defence functions, the absence of adequate conflict-of-interest safeguards, the reduced standard of disclosure, the risks inherent in ex parte restrictions, and the incomplete regulation of legal professional privilege and self-incrimination in the corporate context. Based on comparative materials and the provision-specific analysis, the article substantiates the need to differentiate legislatively between the status of a legal entity’s representative and defence counsel, to establish a special regime for the protection of professional secrecy, to require mandatory participation of counsel in proceedings concerning interim restrictions and agreements, to provide an early procedural channel for the protection of owners and ultimate beneficial owners before the special track is formalized, and to adopt a differentiated approach to the temporal effect of the 2024 amendments. Targeted amendments to Articles 3, 5, 7, 483-1, 483-2, 483-7 and 483-11, as well as related provisions of the CPC of Ukraine, are proposed.
This article develops a doctrinal concept of sexual corruption as a derivative form of corrupt interaction with a distinct structure suitable for criminal-law analysis, and distinguishes it from sextortion, which, in its literal and etymologically determined sense, denotes an information-based form of sexual blackmail. The analysis proceeds from the premise that the broad and heterogeneous use of the concept of corruption creates both a risk of unjustifiably subsuming diverse sexualised wrongs within its scope and a risk of unduly reducing corruption to pecuniary bribery. Sexually significant conduct may perform different functions: it may constitute the content of unwanted conduct, form the subject matter of a demand, serve as a resource in a blackmail threat, or amount to a sexually significant unlawful advantage in a corrupt exchange. It is the latter function that determines the corrupt character of the phenomenon under examination. The analysis further shows that sextortion, understood as information-based sexual blackmail, is characterised by a threat to disclose intimate materials or information intended to subordinate the victim’s will and compel conduct dictated by the perpetrator. Equating sextortion with sexual corruption is therefore methodologically unsound, since the two phenomena differ, at a minimum, in the source of unlawful influence, the function of the sexual component, the mechanism of the wrongdoing, and the purpose underlying the victim’s conduct. In sexual corruption, the source of influence lies in power, influence, or an institutionally controlled resource, whereas the sexually significant unlawful advantage functions as the counter-performance for a distinct institutionally significant benefit, decision, advantage, protection, or the improper non-application of a measure that ought lawfully to be applied. The retention, continuation, or restoration of access falls within this model only where it requires a fresh and independent institutional decision and is not unconditionally guaranteed to the person concerned. The article justifies the use of the concept of a ‘sexually significant unlawful advantage’ rather than the expression ‘sexual service’, since the former does not presuppose voluntariness, equivalence, or the commercial character of the conduct of a person in a position of dependence. Sexual corruption is defined as a derivative form of corrupt interaction in which a sexually significant unlawful advantage functions as the counter-performance for a distinct institutionally significant benefit, advantage, decision, act, omission, or improper immunity that the other party controls directly or is able to secure through influence. The factual co-occurrence of sexual corruption and sextortion within a single episode does not establish a genus-species relationship between them.
Copyright (c) 2026 Viacheslav HLADKY https://creativecommons.org/licenses/by/4.0
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.
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.
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
The Concept of a Database as an Object of Copyright in the EU
The article examines the characteristics of a database as an object of copyright in the EU. The relevance of the study stems from the fact that Ukrainian legal doctrine addresses the legal protection of databases in the EU without taking into account the case law of the European Court of Justice, resulting in an incomplete legal characterisation of a database as an object of copyright. The need for this study is also explained by the general necessity of taking into account the rulings of the European Court of Justice, which interpret the provisions of the directives and define the specifics of their application, when adapting national legislation to the EU acquis. In light of this, the purpose of this study is to provide a comprehensive analysis of databases as objects of copyright in the EU, based on the provisions of Directive 96/9 on the legal protection of databases and the rulings of the European Court of Justice regarding the substance of these provisions. The article consistently outlines the content of the Directive’s provisions and the interpretations provided by the European Court of Justice regarding the following aspects: the classification of a database as a collection of independent materials that can be separated from one another without affecting their value; the classification of a database as a systematic or methodical arrangement of data that provides individual access to each data item; the criterion of originality as a condition for a database to be eligible for copyright protection; the extension of protection solely to the result of the arrangement of data and the absence of any restriction on existing rights relating to the content of the database; the independence of copyright protection for a database from the authorship of the materials included in it; the independence of copyright protection for a database from the type, nature, content, or any other characteristics of the materials included in the database. The article emphasises that the originality of a database is assessed separately from the originality of the data: a collection of original works or other materials may not be subject to copyright protection due to the absence of creative choice in its compilation, whereas a collection of publicly available, unprotected data may be organised in an original manner, thereby conferring originality on the database. Data as such — even if specifically created for a particular database — is not covered by the copyright protection afforded to the database and does not affect that protection.
Copyright (c) 2026 Anna SHTEFAN 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/