bluuebunny/crossref_metadata_2025 huggingface dataset:
The problem of appointment and implementation of environmental expertise during the war
Authors: Lazebnyi A.M. , Ingulska D.A.
Published: December 2024

This article discusses the issue of appointing and conducting environmental impact assessments in the context of military operations, which is extremely important in the modern world, where armed conflicts are increasingly affecting the environment. Analyzed how war affects the ecological state of the territories, as well as the difficulties encountered in organizing and conducting expert assessments aimed at assessing the environmental impact of military operations. The main issues discussed include legal issues of conducting research, ensuring the safety of experts and the need to adapt existing methods and techniques to extreme conditions.
Particular attention is paid to the legal aspects of environmental assessment in wartime. It is noted that in many countries that have experienced armed conflicts, legislation does not always provide for clear procedures for conducting such studies, which complicates their implementation. In addition, an inadequate legal framework may complicate the recognition of research results as evidence in court. It is proposed to amend the legislation to regulate the details of environmental research in conflict zones and ensure an adequate level of legal protection and support for experts.
Equally important is the issue of the safety of experts conducting research in the context of military operations. War creates many risks to the life and health of professionals. This article discusses strategies that can be implemented to protect experts, such as providing special assistance and using modern technologies for remote environmental monitoring. Adapting environmental assessment methods to extreme situations is an important step towards increasing their effectiveness and reliability. The article also draws attention to the need for international cooperation and coordination of efforts in conducting environmental assessments in conflict zones. In today’s globalized world, environmental problems caused by war often transcend national borders and have regional or even global implications. Joint research, data and technology sharing between states and international organizations can significantly improve the effectiveness of assessments and reduce the negative environmental impacts of armed conflict. It is also important to develop international standards and protocols to harmonize approaches to conducting such assessments and ensure their objectivity and international recognition.
Constitutional approaches to social rights and obligations
Authors: Gudyma N.S.
Published: December 2024

It is indicated that human rights are an important moral parameter in the organization of the activity of the economic system. Standards and rules in the field of human rights determine the basis on which economic problems should be solved, without reducing them to economic calculation only.
The article analyzes the three main social security systems in the world, which are implemented in different ways, compatible with different cultures, dominant ideologies and taxing capacity. Social rights in international agreements can have legal or moral force for countries. In monistic legal systems, international treaties will automatically be incorporated into national law upon ratification, while dualistic systems require the transformation of the treaty into domestic law through legislation. The Constitution of Ukraine does not consider social security rights in the same way as civil and political rights. The right to social security imposes an obligation on the state to define and actually provide at least minimum social standards, and the right to social protection is implemented without regard to minimum needs. Terminological discussions regarding the content of the terms “social security” or “social protection” require clarification of the content of the concept used in the Constitution of Ukraine, rather than the method of its implementation. Instead of both terms, the author proposes to use the concept of “social guarantees”, which directly indicates the obligation of the government to ensure a national minimum of sufficiency, below which no one is allowed to fall. The evolution of concepts is directly related to taxation. The guarantee of the right to social security determines the source of resources for their provision. In the American Convention, rights and duties are detailed. In contrast, the Universal Declaration of Human Rights is limited to indicating that everyone has duties to society. Rights and duties are interconnected, just like all human rights, which are indivisible, interdependent and interrelated. The obligation to pay tax on the basis of ability to pay and in accordance with the rule of law does not deny any rights confirmed by the Universal Declaration, and allows for the guarantee of rights to social security.
A doctrinal analysis of the implementation of international standards in national legislation in the field of justice
Authors: Kulyk S.V.
Published: December 2024

The doctrinal analysis of the implementation of international standards in national judicial legislation is an important aspect of ensuring that the domestic legal order complies with generally accepted principles and norms of international law.
International standards in the field of justice cover various aspects, including human rights, fair trial principles, independence and impartiality of courts, and case procedures.
The implementation of these standards into national legislation is a complex and multifaceted process that includes the adaptation of national legal norms to international requirements, the integration of new procedures and mechanisms into the judicial system, and the provision of appropriate education and training for judges and other judicial officers. In doing so, it is important to take into account national peculiarities of legal systems, traditions and existing judicial practice.
One of the main challenges in this process is to strike a balance between international standards and national legal traditions.
The opinions of legal scholars on the implementation of international standards in national legislation are extremely relevant in the context of modern globalization processes and Ukraine’s integration into the international legal community. By considering three key areas - the role of the judiciary, the constitutional basis for the administration of justice, and the specifics of foreign experience in modernizing national judicial systems - one can better understand and assess the challenges and prospects for reforming the national legal system.
Thus, thedoctrinalanalysisoftheimplementation of international standards in national legislation on the judiciary is an important tool for studying and improving legal systems, promoting the rule of law and protecting human rights. It helps to identify problems and shortcomings in the implementation process, develop recommendations to overcome them, and ensure that national justice systems meet the highest international standards.
Sanction mechanism for excluding states from international organizations
Authors: Marych A.V.
Published: December 2024

Compliance with the universally recognised principles and norms of international law is of paramount importance in modern society. Countering current threats requires effective measuresto strengthenthe roleoflegalmechanisms in ensuring international order. It should be noted that international sanctions are key instruments used by international organisations to restore violated international law, strengthen justice and stability of relations. In modern international practice, there is a noticeable increase in cases of gross violations by states of the basic principles of international organisations, covering both political and economic aspects. This trend prompts a critical analysis of how to restore and prevent such events in the future. For Ukraine, the issue of forced expulsion is becoming increasingly relevant given the extremely destructive nature of russia’s violations of fundamental principles of international law, one of which is the non-use of force and the threat of its use. Forced expulsion becomes the last lever of influence for the implementation of the fundamental principles of international law and compliance with international legal obligations.
The study analysed the charters of leading international organisations, such as the United Nations (hereinafter - UN), the Council of Europe (hereinafter - CoE), the International Monetary Fund (hereinafter - IMF), the International Bank for Reconstruction and Development (hereinafter - IBRD), the European Union (hereinafter - EU), and the World Health Organization (hereinafter - WHO), which have made an unprecedented contribution to the development of international law. However, some of the above-mentioned institutions have shown a limited number of practical approaches to countering violations, which creates space for states to abuse their rights. This article highlights the critical need to develop and implement effective remedies to counter violations, such as exclusion. Such a sanction is a key instrument of influence, as it isolates the offending country from access to cooperation and communication with other countries and international institutions, which directly affects the development of the state’s external relations. Exclusion can help to eliminate violations of international law and maintain the integrity of international organisations in the face of modern challenges.
Aspects of meaningful fulfillment of the right to information security in the context of national security
Authors: Horoshko V.V.
Published: December 2024

The article reveals the essence and meaningful content of one of the most important human rights as the right to information security, which is currently up-to-date for any democratic legal state, especially for a state that is subjected to military aggression by another neighboring state, such as Ukraine.
In the process of scientific research of the right to information security, it was found that such a right occurs in the context and interdependence with national security, because the latter manifests the nature and policy of the state and is a vector of its development, and accordingly involves conducting the information policy of the state. However, in considering this right, the emphasis is on its content, as well as on the fact that this right primarily belongs to a person on the basis of the right of natural communication, and therefore the right to information security must be fundamentally considered through the plane of natural and legal human rights, as well as through the system of general rights person and citizen.
Based on the disclosure of the substantive part of the right to information security, it was found that it is an important independent part in ensuring the national security of the country, that this right determines the state of protection of not only national interests, but also the state of protection of the entire information space, both from external and and from the internal challenges facing modern Ukrainian society. Since the right to information security is an important and independent part of the system of human and citizen rights, and is part of national security, this right represents a number of security aspects, namely, informational and psychological security and informational and technological security of the individual and the state.
A person’s right to information security should not be protected only by the technical aspects of its implementation or by the security of the information itself (in electronic, paper, communication format). It also applies to all parties to the manifestation of the specified right and its protection in the form of informational data, regardless of the forms of its manifestation.
The right to information security has undoubtedly expanded with the development of new computer and information tools. In the light of the development of this right, we are talking not only about the loss of ordinary information, but first of all about the guarantee of its protection with reference to the national characteristics of the state, which also includes some factors in its content: person, system, processes.
Synergic conditions for learning the organic laws of society
Authors: Kovalchuk V.
Published: December 2024

In the modern world, where social processes are becoming more and more complex and unpredictable, the search for new methods and their research becomes especially relevant. One of these approaches is synergetics - the science of self-organization of complex systems. Synergetics makes it possible to reveal regularities in social processes, which at first glance seem chaotic, disorderly. Of particular importance is the study of the organic laws of society, which regulate its development and stability. The relationship between chaotic and ordered elements of social systems can be understood only through synergistic principles, which makes their knowledge especially important in the context of modern global challenges.
Modern researchers continue to develop synergistic approaches in the social sciences, applying them to the analysis of global social transformations, economic crises, the evolution of technology, as well as to study the impact of globalization on local social processes. Synergetics helps explain how small changes in one part of a social system can have profound consequences for the entire society. It should be emphasized that the synergistic laws of society are the fundamental principles by which the social system functions as a whole organism. These laws determine the rules and mechanisms of interaction between various elements of society, ensuring its stability and development. Like biological organisms, society is subject to certain laws that determine its ability to adapt in response to external and internal challenges.
The ideas of synergetics began to permeate the social sciences in the 1970s through the work of scientists such as Ilya Prigozhin and Herman Hacken, who applied physical principles to social systems. Prigozhin studied thermodynamic systems far from equilibrium and discovered that such systems can self-organize into stable structures. This discovery became the basis for understanding social systems as dynamic and unstable formations that can independently form new mechanisms of order.
Traditional approaches are often based on the assumption of linear development of society, where all changes occur gradually and predictably. However, reality shows that social changes are chaotic and can be abrupt and unpredictable. It is the synergistic approach that allows us to analyze these chaotic processes, understanding them as part of a complex mechanism of self­organization that leads to the emergence of new social structures.
The role of international programs and projects in strengthening the capacity for the development of interterritorial cooperation
Authors: Gurchumeliia U.I.
Published: December 2024

Research into the dynamics of the development of European integration processes over the past few years shows that Ukraine has become an active participant in them, and one of the leading roles is played by the presence of common borders with countries that are already EU members. Despite the fact that today the social and economic conditions in the state are extremely difficult, which is caused by Russian military aggression, among the effective directions for solving common development problems and strengthening mutually beneficial ties between neighboring countries is international territorial cooperation at the regional level, local, as well as at the level of individual institutions and public organizations. Such cooperation, in most cases, takes the form of joint international projects involving international technical assistance.
The study examines the issue of implementing the EU cohesion policy at different levels of the classification of the territorial division of countries for statistics (NUTS). To date, EU cohesion policy has supported significant improvements in infrastructure, strengthened innovation and capacity building, human capital, public services. A wide range of projects funded through cohesion policy, from health to transport and energy, aim not only at long-term and sustainable growth in less developed regions, but also contribute to sustainable development at the level of EU Member States.
At the same time, the issues of implementing effective forms of interregional and cross-border cooperation of Ukraine with the countries of the European Union were revealed, the state of implementation of joint grant projects within the framework of the Interreg programs was analyzed using the example of cooperation between the Transcarpathian region and communities and municipalities of the Republic of Poland. At the same time, the current problematic issues that hinder the increase in the effectiveness of cross-border cooperation at the local level were analyzed in detail, in particular in the context of institutional and resource support, regulatory and informational. Based on the results of the study, the main promising directions for the further development of interterritorial cooperation in Ukraine were outlined and it was established that such cooperation at the local level is a basic element for building international territorial cooperation on its basis.
Legality of transactions in civil law
Authors: Rushchak I.V. , Bielova M.V.
Published: December 2024

The article examines the legality of transactions in the civil law of Ukraine, their historical development from Roman law to the present day, and the influence of Roman law constructions on the formation of the modern institution of transactions. Particular attention is paid to the analysis of the correlation of the concepts of «legality» and «legality» in the context of transactions, where legality is considered a broader concept, including compliance not only with the norms of positive law but also with other sources of civil law, its principles, and customs.
The issue of public order as a criterion for the validity of transactions is analyzed in detail. The content of the concept of «public order» in the context of Article 228 of the Civil Code of Ukraine and its correlation with the private law nature of the transaction are investigated. The need for a broader interpretation of the concept of «public order» as an evaluation criterion enshrined in public law regulatory acts of the state is substantiated. It is proposed to consider as violating public order, transactions aimed at violating public legal regulations that determine the foundations of state order, political system, and economic security of the state.
The article considers current problems of judicial practice regarding the recognition of transactions as invalid on the grounds of violating public order, in particular in cases of claims by tax authorities. The position is substantiated, according to which the definition of a transaction as violating public order should be preceded by the establishment of the parties’ intention in criminal or administrative proceedings. It is proposed to improve the mechanism for applying Article 228 of the Civil Code of Ukraine by establishing clear criteria for defining a transaction as violating public order and the need for prior establishment of the relevant offense in criminal or administrative proceedings.
The study is based on a comprehensive analysis of both historical sources of Roman law and modern civil legislation of Ukraine, judicial practice and scientific works of leading civilists. The results of the study have both theoretical significance for the development of the science of civil law and practical significance for improving law enforcement practice in the field of invalidating transactions.
Popular legislative initiative: foreign experience and prospects of implementation in Ukraine
Authors: Kuzmenko O.V. , Perevalova L.V. , Gariaieva G.M.
Published: December 2024

The article clarifies the historical aspects and current features of the constitutional regulation of the people’s legislative initiative in foreign countries; attempts to introduce a popular legislative initiative before the adoption of the Constitution of Ukraine in 1996 were analyzed; the shortcomings of the attempt to constitutionally regulate the people’s legislative initiative by submitting a draft law on amendments to the Constitution of Ukraine in 2019 have been clarified, and their own proposals for further changes have been expressed. A conclusion was made regarding the existence of such types of people’s initiative as: people’s initiative on holding a referendum, people’s legislative initiative, people’s constitutional initiative, local initiative. The following features of the people’s legislative initiative can be distinguished, based on the analysis of the foreign experience of the constitutionalization of the relevant institution: 1) It is an optional instrument along with traditional subjects, such as the Government, deputies, the President, etc.; 2) Constitutions indicate the minimum number of citizens (mainly voters) who have the right to the relevant popular legislative initiative; 3) Constitutions, as a rule, stipulate the implementation of a popular legislative initiative by the rules established in a special law. The popular legislative initiative is inferior in importance, for example, to such an institution of direct democracy as a referendum. At the same time, the spread of the popular legislative initiative in the world makes it a fairly traditional element of constitutional design and demonstrates respect for popular sovereignty, democracy, and human rights. In Ukraine, during the drafting of the draft Constitution, there was a rather progressive version of the people’s legislative initiative, which the constitutional commission subsequently rejected. In our opinion, the caveat expressed by the CCU in its opinion No. 5-в/2019 dated November 13, 2019 is quite significant, and the number of voters’ votes that must be submitted in support of the relevant draft law must be directly defined in the Constitution itself. That is why it is worth developing and submitting after the end of martial law a new draft law on amendments to the Constitution of Ukraine with the aim of normalizing the people’s legislative initiative.
Human reproductive rights in the practice of the European Court of Human Rights: impact on law enforcement practice and constitutional legal doctrine in Ukraine
Authors: Sinkevych O.V. , Melnyk I.-I.
Published: December 2024

The article is devoted to the issues of reproductive human rights in the decisions of the European Court of Human Rights and their impact on the practice of law enforcement and constitutional-legal doctrine in Ukraine. It emphasizes that personal reproductive rights are an important element of the system of fundamental human rights. Judicial practice, including the practice of the European Court of Human Rights, has a significant impact on the regulation and implementation of reproductive rights. A priority area for the development of Ukrainian legislation is the study of the possibilities of using judicial practice in the fiel of protection and safeguarding reproductive rights. A key issue in this regard is the scope of the regulating influence of precedential rulings concerning reproductive rights, as reflected in the decisions of the European Court of Human Rights. It is noted that referring to this practice is becoming a common legal practice among participants in judicial and administrative procedures. At the same time, a problem arises in applying judicial practice to relationships that are not independently regulated by law in Ukraine due to the absence of a separate legal act governing assisted reproductive technologies. It is emphasized that such a national legal act should adhere to the principles outlined in the precedential decisions of the European Court of Human Rights related to reproductive rights.
The current law enforcement practice of the European Court of Human Rights demonstrates its use of a well-developed methodology for interpretation based on the consensus (legal harmonization) method, i.e., combining the interpretation of international acts and agreements with the practice of member states’ national legal systems.
At the same time, the analysis of constitutional interpretations reflected in national legal systems is also important. At the level of constitutional-legal doctrine, it becomes important to form theoretical approaches to understanding the interpretative mechanisms for applying the precedent law of the European Court of Human Rights, specifically in the area of reproductive rights.
Trends in the development of national legal systems in the context of globalization: some aspects
Authors: Bondar N.A. , Holoviy V.O.
Published: December 2024

The scientific value of the article lies in the fact that, based on the study of theoretical and regulatory issues, it outlines the main challenges facing national legal systems in the context of globalization.
It is argued that the concept of a legal system is a complex and multifaceted phenomenon which cannot be summarized in a single definition which would take into account all the characteristics of the latter. The legal system should be viewed as a set of legal means of regulatory, organizing and stabilizing influence on social relations.
The article analyzes the trends in the development of national legal systems in the context of globalization, which include adaptation to global changes, strengthening of international cooperation, introduction of innovations and simultaneous preservation of national identity. It is proved that the universalization of national law facilitates international cooperation, but may reduce the sovereignty of national legal systems by requiring the adaptation of national legislation to global standards. International cooperation makes legal systems more open, but at the same time requires states to find a balance between national interests and global priorities, which is reflected in the changing relationship between international and national law, the growing influence of regional law on national law and the legal regulation of supranational law.
It is argued that a separate trend should be identified as the growing role of human rights, which have become a common value for many legal systems, but the process of their implementation often depends on the internal political and economic situation in the country. Global environmental challenges are forcing states to adapt their legal systems, but the implementation of such norms requires significant resources and political will.
It is emphasized that multiculturalism is also an important trend in the development of modern legal systems, aimed at ensuring equality and non-discrimination for all citizens, regardless of their ethnic, religious or cultural background. Digitalization makes the legal system more efficient, but it also creates new challenges, in particular, cybersecurity and personal data protection. The process of globalization requires the formation of a sufficient legal framework to ensure harmonious cooperation between countries and solve global problems.
Electronic contract
Authors: Kroitor V.A.
Published: December 2024

The issue of the relevance of using electronic contracts for legal regulation of social relations has been analyzed in the article. The specified topic is focused on electronic document management. advantages and disadvantages of its application.
The pandemic period that used to be on the territory of Ukraine, then the introduction of the martial law in Ukraine caused by the military aggression of the Russian Federation became a determining factor for spreading such a method of concluding contracts as an electronic digital signature. The risks arising from the mentioned method of contracts’ conclusion still exist, however, it is worth expecting further legal development of the researched issue in relation to the digital tendencies taking place in the world.
The main purpose of a contract as a legal fact, with the entry into force of the Civil Code of Ukraine of 2003, gave way to the purpose of a contract primarily as a regulator of civil relations, which shoves its other application into the shadow. The contract is currently evaluated like other sources of law within the doctrine of civil procedural law.
An important issue for the Ukrainian online trade market was the adoption of the Law of Ukraine “On Electronic Commerce” by the Verkhovna Rada, which entered into force on September 30, 2015. This Law regulated a number of aspects related to contracts in the field of online trade by specifying, along with other things, the process of signing electronic contracts.
As a result, an electronic contract is among the most effective means of establishing and regulating relations between the subjects. It is concluded online by using digital technologies and creates a mutual obligation between two parties, which is subject to execution in accordance with the contract’s provisions. The possibility of concluding a contract in electronic form is established in paragraph 2, Part 2 of the Art. 639 of the Civil Code of Ukraine, which provides for the rule of equating a contract concluded with the help of information and communication systems to a written form. Electronic contracts combine the formalities of a traditional contract and elements of digital document management and calculations.
The author of the paper has noted that it is possible to currently conclude that an electronic contract is the most effective mean of establishing and regulating relations between civil law subjects.
The obtained research results have scientific and practical significance, in particular they can be used in scientific, legal precedents both in the field of medical law and doctrinal research of electronic contracts.
Protection of intellectual property rights by the commercial courts of Ukraine: effective strategies for enterprises
Authors: Vozniakovska K.A.
Published: December 2024

The protection of intellectual property (IP) has become a critically important issue for modern enterprises, particularly in light of globalization and the rapid advancement of information technologies. For Ukraine, this concern is especially urgent as the country undergoes European integration, which necessitates harmonizing its national legal framework with European standards. The growing importance of intellectual property in a digitalized, interconnected global economy underscores the need for comprehensive and effective protection mechanisms.
However, challenges persist in Ukraine due to imperfections in the legal system, a low level of legal culture, and insufficient awareness among entrepreneurs regarding their rights and available legal remedies. These obstacles significantly hinder the effective protection of intellectual property. Moreover, the increasing frequency of court disputes related to intellectual property rights violations highlights the inadequacy of existing protection mechanisms and the need for more efficient strategies.
The protection of intellectual property is not merely an issue of legal compliance; it plays a vital role in fostering innovation and stimulating economic growth. A robust IP protection system enhances a country’s investment climate by providing security and predictability for foreign investors. This, in turn, promotes technological advancement, the commercialization of ideas, and the overall economic development of the country.
Thus, exploring effectivestrategiesforintellectual property protection in Ukraine’s commercial courts has become an urgent and highly relevant task. This research requires a comprehensive approach, taking into account both national legal norms and international standards. By studying the legal framework and judicial practices surrounding IP protection, it is possible to identify gaps, propose reforms, and create a more efficient system that safeguards the interests of IP holders while aligning with global best practices.
On the free acquisition of land ownership by legal entities
Authors: Kostyashkin I. , Zaverukha S.
Published: December 2024

This article addresses issues related to the legal framework for the free acquisition of land ownership by legal entities. Considering the transformational processes in land ownership relations in Ukraine, attention is drawn to the need for an improved legal mechanism for transferring land to the ownership of legal entities, alongside the privatization procedures regulated for Ukrainian citizens. A historical analysis highlights deficiencies in the legal regulation of transferring land into the collective ownership of legal entities and notes the absence of specific regulations for transferring land plots to housing construction and garage­building cooperatives. The necessity for clear legal provisions on transferring land plots under multi-apartment buildings into private ownership, including associated buildings, structures, and adjacent territories, is substantiated.
Special attention is given to the subject composition of ownership rights over land plots under multi-apartment buildings. Considering the membership composition of condominium associations, their purpose, decision-making procedures, judicial practice, and the prolonged absence of a procedure for transferring adjacent territories into the co-ownership of multi­apartment building co-owners, it is proposed to formally recognise condominium associations as holders of ownership rights in the privatisation process of land plots beneath multi-apartment buildings, along with their related buildings, structures, and adjoining territories.
Based on the research findings, and taking into account Article 14 of the Constitution of Ukraine, it is recommended to amend Chapters 6 and 19 of the Land Code of Ukraine by incorporating procedures for the free transfer of land plots to housing construction (residential) and garage­building cooperatives, as well as multi-apartment buildings, defining the subject-object composition, preparation requirements for necessary design or technical documentation, potential timeframes for consideration, and criteria for decision-making by the authorised body.
Post-war restoration of agricultural land: legal perspectives, land disputes and state support
Authors: Kharytonova T.E. , Hryhorieva K.A.
Published: December 2024

The restoration of agricultural land is a dynamic and complex phenomenon, built on the close interaction of chemical, physical and biological processes, which are accelerated and directed with the help of purposeful organizational and legal measures. Since the land has been used as a space for military operations for almost three years now, it suffers from a number of negative factors that have a powerful synergistic effect: the soil is polluted by various substances; lands are littered with explosive objects and other war debris; the landscape changes due to the construction of fortifications, digging trenches, as a result of strikes, shelling, etc. The post-war restoration of such agricultural lands has its own significant features related to the man-made origin of the violations, the potential danger of the detected pollution and the high cost of restoration works. At the same time, the relevant restoration measures lie in the plane of not only the private interests of specific landowners and land users - they are the sphere of well-defined public interests.
The legal issue of the post-war restoration of agricultural lands is considered in three interrelated aspects: 1) in the theoretical aspect - the signs of the independence of demining as a separate type of the main measures of land restoration are determined and it is proposed to reflect this feature in the legislation, in order to emphasize and strengthen the integration of land, agrarian, and environmental legislation and legislation on mine action; 2) in a practical aspect, the potential grounds for the emergence of disputes in the field of post-war land restoration are outlined and the connection between the degree of dispositiveness of the legislative provision and the probability of a compromise solution of such disputes in the mediation procedure is established; 3) in the protective aspect - modern mechanisms of state support for the restoration of lands most affected by hostilities (provision of tax benefits, subsidies, partial compensation for demining costs) were identified and characterized. It was concluded that there is a need to develop a systemic special legislative support for relations with the post-war restoration of agricultural land, taking into account the specified aspects of this multi-level problem.
Legal trends of modern education development in Ukraine
Authors: Blikhar M.M. , Matviienko Ia.V.
Published: December 2024

It is indicated that the education of any country is a reflection of its most important civilizational and cultural features and characteristics, provides a combination of national traditions with relevant innovations - both developed within it and borrowed from outside. The main task of the national education system is the comprehensive development of a person as an individual and the greatest value of society.
Administrative and legal regulation in the field of education in Ukraine is a key aspect of general legal regulation in this area. In modern conditions, administrative and legal regulation in the field of education faces a variety of challenges, including rapid technological changes, socio-cultural and economic transformations, which require constant improvement of legal mechanisms and consideration of positive and negative aspects and trends in the development of the educational sector. Constant updating and adaptation of legal norms and mechanisms of administrative regulation are key to ensuring an effective modern education system that meets the needs of society and contributes to the sustainable development of the country. The main goal of this regulation is to ensure the formation and implementation of an effective state educational policy for the progressive development of the individual, society, nation and state, as well as the protection of the national interests of Ukraine. On the basis of the above, it is claimed that administrative and legal regulation represents a purposeful influence on social relations in the sphere of activity of state authorities. This influence is carried out with the help of methods and measures of a power­administrative nature, defined in the norms of administrative law. It is noted that each country has its own model of education management and financing, with its own advantages and disadvantages. Ukraine’s model is currently in the process of reforming, seeking a balance between centralized and decentralized approaches. The experience of European countries can become a valuable source of knowledge and examples for the development of an effective education management strategy that will meet the needs and characteristics of our country. It is substantiated that the education system has an open nature, which means the possibility of freely choosing the direction of study in accordance with the individual abilities and interests of citizens.
Martial law as a factor in the growth of corruption in Ukraine
Authors: Grishko V.I. , Lysy V.I.
Published: December 2024

The problem of the growth of corruption in Ukraine under martial law, which was introduced due to the full-scale invasion of the Russian Federation in 2022, is identified. The authors analyze how the implementation of this regime, aimed at ensuring national security, increases the risks of corruption abuses due to the growth of the powers of state bodies, economic difficulties and limited public control. The main attention is paid to the following areas: political, justice, military and medical, as they have a significant impact on Ukrainian society and the country’s defense capability.
First, the political aspect of the problem is analyzed. The authors note that during martial law, the public faced problems with the ability to control the activities of political leaders, and due to the lack of elections during martial law, politicians can use it for their own benefit. During such a critical period in the history of our state, this leads to a decrease in the transparency of decision-making processes, which undermines public trust in government representatives and institutions in general.
Next, the judicial system is examined, which under martial law is faced with an increase in cases of corruption in the justice sector. Using the example of the corruption scandal involving the former chairman of the Supreme Court Knyazev, the authors emphasize the inadmissibility of corruption in the judicial sector, as well as the importance of changes in the current criminal legislation.
Problems in the military and medical sectors should be considered comprehensively. In particular, corruption schemes in the military sector arise during procurement, logistics, mobilization processes, as well as in the work of military medical commissions (MMCs). Deficiencies in the work of MMCs allow certain individuals to avoid service, while others end up at the front, despite serious health problems. This threatens not only the lives of servicemen, but also the overall effectiveness of defense.
The authors propose a set of measures to counteract and prevent the development of corruption risks. It is proposed to create temporary public oversight bodies in cooperation with international partners (involving their representatives), which would jointly monitor the decisions of the government and the Verkhovna Rada. It is emphasized that independent oversight will enhance the transparency of government actions and increase trust on the part of citizens and international partners. In addition, the authors recommend applying financial sanctions against political parties and institutions involved in corruption scandals, which will become a deterrent.
The article concludes that overcoming corruption in wartime is key to preserving national unity and the efficiency of resource use. This will increase the accountability of state institutions and help Ukraine cope with modern challenges.
The tariff regulation of railway freight transportation in EU
Authors: Gurzhii A.V. , Timashov V.O. , Veselov M.Yu.
Published: December 2024

The article examines the provisions of the EU legislation on the tariff regulation of rail freight transportation, as well as the prospects of their implementation in the domestic system of industry regulation.
It is emphasized that the implementation of European rules of tariff regulation on railway transport is an important factor in the development of a competitive environment in the market of transport services, as well as a necessary prerequisite for the attraction of internal and external investments in the development of the railway industry. Such adaptation is extremely important for reducing transport costs, improving the quality of services and the overall efficiency of rail freight transportation.
The key provisions of the Directive of the European Parliament and the Council of Europe of 21.11.2012 № 2001/14/EU “Creation of a single European railway space”, which defines the rules for collecting fees for the use of railway infrastructure by freight transport operators, are highlighted. It is emphasized that the Directive envisages the separation of infrastructure management and transport operations to prevent conflicts of interest and stimulate fair competition among market operators. It also defines railway companies’ rights to access infrastructure and establishes transparent pricing mechanisms.
The article examines the European experience of creating independent regulatory bodies authorized to monitor market practices, monitor compliance with safety standards, and ensure fair pricing mechanisms.
It was concluded that the implementation of the provisions of the EU legislation on the tariff regulation of rail freight transportation will ensure a significant increase in the competitiveness of domestic rail transport by improving the access of national carriers to the European transport infrastructure, optimizing logistics on rail transport, ensuring transparency and reasonableness of pricing, creating equal conditions for national railway operators.
The importance of the consistent implementation of the provisions of the EU legislation on the tariff regulation of rail freight transportation in the context of the Europeanization of domestic legislation on rail transport and the regulatory approximation provided for by the Association Agreement between Ukraine and the EU is emphasized.
The genesis of the establishment and development of the legal profession in the Ukrainian territories during the Lithuanian and Austrian Rule
Authors: Deshevyi O.A.
Published: December 2024

The article is devoted to the study of the formation and development of the legal profession in the Ukrainian territories during the period of Lithuanian and Austrian rule. It is established that when Ukrainian lands became part of the Grand Duchy of Lithuania, the legal norms in force on its territory not only streamlined the judicial process, but also gave the prosecutor’s activity a labor character, transforming it into a profession. With the development of municipal self-government, in particular Magdeburg law, prosecutorial activity began to acquire a formalized framework, and with the introduction of the Lithuanian statutes, the legal status of prosecutors was enshrined in the highest legal acts. Despite certain shortcomings, the institution of judicial intercession was firmly rooted in the judicial process and became an integral element of the democratization of the judicial system in the Ukrainian territories in the fourteenth and sixteenth centuries.
During the period when the Ukrainian territories were under the rule of the Austrian monarchs, the legal profession was regulated in accordance with Austrian law, providing a clear regulatory framework for the functioning of the Bar. Austrian legal acts defined the conditions for admission to the bar, the duties of attorneys and their liability, contributing to the formation of high standards for the personality of an attorney. The rigorous selection of applicants not only ensured that attorneys provided quality services, but also contributed to strengthening the authority of the bar in society, increasing confidence in it as an institution that performs a special social function, defending the rights and interests of citizens. As a result, the Bar of that time gradually gained public recognition, becoming an important factor in the legal life of the country and a significant social force.
It is established that during the nineteenth century, the role of an attorney-at-law went beyond the traditional advocacy in court: attorneys-at-law provided legal advice, facilitated the settlement of legal transactions, and explained to citizens their rights and opportunities in the context of current legislation. In this way, lawyers contributed to the dissemination of legal knowledge and the formation of legal awareness in society. During the Austrian rule, the practice of law became the foundation for the observance of the rights and freedoms of Ukrainians, subjects of the Empire, and strengthened the level of public trust in legal institutions in the Ukrainian territories.