bluuebunny/crossref_metadata_2025 huggingface dataset:
Problems of qualification of criminal offenses against sexual freedom and sexual integrity of an individual
Authors: Melnyk O. O. , Suprun-Kovalchuk T. M.
Published: February 2025

It is indicated that criminal offenses against sexual freedom and sexual integrity of a person are socially dangerous acts that cause significant harm to both individuals (adults and minors) and society as a whole, as they are characterized by the immorality and cynicism of the committed acts, humiliate the honor and dignity of the victim and cause significant harm to the health of the person, including the moral state.
The article explores the issues of qualifying criminal offenses against sexual freedom and sexual integrity, which remain one of the most pressing areas of criminal law. The authors analyzes the current legislation of Ukraine regulating liability for such offenses, focusing on gaps and contradictions that complicate the practical application of legal norms.
The social danger of offenses against sexual freedom is highlighted, particularly their impact on the physical and psychological development of children and adolescents, as well as violations of the honor, dignity, and health of the victims. Special attention is paid to the challenges of qualifying actions that involve various forms of physical and psychological violence, the use of the victim’s helpless state, and obtaining voluntary consent through deceit or coercion.
The authors emphasizes the need to improve legislation by defining key terms such as «consent», «helpless state», and other legal categories to avoid ambiguous interpretations. The article also addresses the issue of social stigmatization of victims and the impact of this phenomenon on the disclosure of criminal offenses and the administration of justice.
The conclusions provide recommendations for harmonizing national legislation, particularly concerning the protection of the rights of children, women, and other vulnerable groups. The authors underscores the importance of implementing a comprehensive approach to the prevention and investigation of such criminal offenses, which includes cooperation between the state, law enforcement agencies, non-governmental organizations, and the media.
The article serves as a valuable resource for legal practitioners, scholars, and anyone interested in developing Ukraine’s criminal justice system toward strengthening the protection of citizens’ sexual rights and freedoms.
Quantitative and qualitative indicators of criminal offenses related to crossing the state border of Ukraine in an illegal way and/or with a criminal purpose
Authors: Kharchenko I. E.
Published: February 2025

The article analyzes quantitative and qualitative indicators of criminal offenses related to crossing the state border of Ukraine in an illegal way and/or with a criminal purpose, namely criminal offenses provided for by Articles 258-5, 258-4, 332-2 and 334 of the Criminal Code of Ukraine. It was established that these criminal offenses on the territory of Ukraine as a phenomenon until 2019 were actually not widespread, taking into account both the normative regulation of criminal liability for the corresponding type of offenses and the peculiarities of the objective side of the composition of criminal offenses related to crossing the state border of Ukraine by illegal means and/or with a criminal purpose. Since 2020, we have seen a gradual increase in the level of this type of crime, which is associated with crossing the state border of Ukraine in an illegal way and/or with a criminal purpose, which took place by the end of 2022 and a drop in the level of this type of crime in 2023 to actually 2019. The greatest share among criminal offenses related to crossing the state border of Ukraine by illegal means and/or with a criminal purpose is occupied by illegal crossing of the state border of Ukraine (Article 332-2 of the Criminal Code of Ukraine). Actually, this criminal offense is the main one in characterizing the quantitatively qualitative criteria of crime in the field of crossing the state border of Ukraine by illegal means and/or for criminal purposes. Also relatively common is a criminal offense under Art. 334 «Violation of the rules of international flights» of the Criminal Code of Ukraine. However, in 2023, criminal offenses provided for in Art. 334 of this Code were not taken into account, and persons under this article were not convicted. With regard to criminal offenses under Articles 258-5 and 258-6 of the Criminal Code of Ukraine, the absence of indicators in their part does not mean that the legislator was mistaken in their criminalization (Article 258-6 of the Criminal Code of Ukraine) or in clarifying the objective side (Article 258-5 of the Criminal Code of Ukraine). After all, these articles have more preventive potential and are aimed at fulfilling Ukraine’s international obligations.
Corruption in the private sector of Ukraine: state and research methodology
Authors: Chehunov M. V.
Published: February 2025

The article is devoted to a comprehensive analysis of the current state of corruption in the private sector of Ukraine and the definition of methodological approaches to its research. To study corruption manifestations in the private sector, comparative legal, formal legal, logical legal, comparative, structural-functional and hermeneutic methods of cognition of socio-legal phenomena were used.
The results of international ones were analyzed, in particular: Corruption Perceptions Index (CPI), Rule of Law Index (Rule of Law Index), Doing Business Index (Doing Business Index), Global Competitiveness Index (GCI), Economic Freedom Index (Economic Freedom Index), EU Enlargement Report on Ukraine for 2023, published by the European Commission; and domestic research: Ukraine Investment Attractiveness Barometer (Ukraine Investment Attractiveness Index), “Corruption in Ukraine 2021: Understanding, Perception, Prevalence” conducted by the National Agency for Corruption Prevention (NACP), statistics of the Business Ombudsman Council, etc.
It was found that scientific attention is mostly focused on studying the general state of corruption in the state. Therefore, the article identifies two main methods for analyzing corruption in the private sector: integrating data from international comparative studies into national anti-corruption policy and conducting national sociological (diagnostic) studies.
An interim conclusion is made on the need for specialized industry research for a comprehensive assessment of corruption in the private sector. A research methodology is proposed that combines the analysis of official statistics, monitoring of law enforcement practice, and the use of sociological and economic indicators.
A systematic analysis of the current state of corruption in the private sector of Ukraine has been conducted and key factors contributing to its spread have been identified. Based on the study of scientific sources and the results of sociological surveys, the main problems associated with corruption in the business environment have been outlined.
Compensation for damage or elimination of damage caused by a criminal offence
Authors: Yushchyk O. I.
Published: February 2025

The article is devoted to the study of the problems of protection of the legitimate rights and interests of persons who have suffered from criminal offences, effective restoration of their rights, timely compensation and redress for damage caused by a criminal offence. It is stated that it is in the interests of the victim not only to punish the person who committed a criminal offence, but also to seek restitution and pecuniary compensation for damages and non-pecuniary damage, and to be able to return to normal life and feel protected from future unlawful acts. It is determined that the subject of compensation for damage or elimination of material damage may be not only the perpetrator of the criminal offence, but also other persons, including parents, children, and close relatives. If preferential criminal law institutions are applied to a person, conditions are also imposed on him/her that he/she must fulfil, namely, to compensate for the damage caused or to eliminate the damage caused. As for the public apology, in this case, only the person who caused the material or moral damage can be the subject. The question arises if the offender does not voluntarily compensate for the damage or eliminate the damage caused, it is necessary to ensure the victim’s right to compensation. The issue of creating a special fund to compensate and reimburse for the damage caused by a criminal offence has been raised on several occasions. Foreign practice shows that in some countries such funds have been established and ensure the violated rights of victims who have suffered damage or losses as a result of criminal offences. The novelty in the Criminal Code – compensation for damage by way of restitution or compensation - is a positive development, which will ensure recognition of the rights, freedoms and legitimate interests of the victim. If the victim’s right is violated, the perpetrator of the criminal offence will be obliged to make restitution or compensation. If it is established that a person found guilty of a deliberate criminal offence involving the use of violence cannot pay compensation, the damage determined by the court verdict shall be compensated to the victim by the state in cases and in the manner prescribed by law, at the expense of the State Fund for Compensation to Victims.
Features of state financial control in the circulation of budget funds
Authors: Pyrih A. V.
Published: February 2025

Based on the study and analysis of scholars’ positions and legal provisions, this scientific article highlights the concept and features of state financial control in the sphere of budget funds circulation. The relevance of the chosen topic lies in the increasing importance of state financial control, as its effective application in managing state financial resources creates the necessary conditions for effective economic policy implementation. The article reveals such general concepts as state financial control in the circulation of budget funds, its features, tasks, functions, and forms.
The aim of the author is to define state financial control in the sphere of budget funds circulation and to study its peculiarities. The work emphasizes that there is no definition of the basic category in the current legislation and among scholars, the diversity of doctrinal interpretations of the definition «state financial control» is striking, each highlighting separate features. Among scholars, there are different views on this issue, which can be grouped into several categories: state financial control as one type of financial control; specific managerial activity or system of certain actions; public sector institution of the economy.
The research provides an author’s interpretation of state financial control in the sphere of budget funds circulation as a systematic activity of state authorities and specially authorized bodies aimed at ensuring the legality, rationality, and efficiency of budget funds circulation, oriented toward preventing, detecting, and stopping violations at the controlled object.
The study considers and summarizes existing scientific views on the features of state financial control in the circulation of budget funds as a specific type of activity, including: defined subject composition of control bodies; list of subjects whose activities are subject to control; control object; control goal; control methods.
Based on the analysis of the content of legislation and scientific works, the most important tasks, functions (analytical; informational; preventive; mobilizing; corrective; law enforcement; detection of deviations; analysis of causes of deviations), and forms of state financial control in the circulation of budget funds are analyzed, the most common classification of which is their division into preliminary (preventive), current (operative), and subsequent (retrospective).
Economic security of Ukraine under martial arts
Authors: Sokolov O.
Published: February 2025

The purpose of this article is to determine the essence, problems and prospects for the development and maintenance of a stable level of economic security of Ukraine.
The research methods used in the article are: induction, synthesis, analysis, comparison, generalization and graphical method.
The theoretical foundations and essence of economic security are determined. The main problems of economic security that arose in Ukraine during the period of full-scale invasion are investigated. The indicators of security and economic development of the country for the period 2019–2023 are determined, and their dynamics are characterized over the five years under study. The study of the dynamics of the level of economic security of Ukraine for the period 2019–2023 by individual components and an integral indicator. The directions and probable prospects for ensuring the economic security of the state during military conflicts and in the process of further restoration of the country’s economy are determined. Methods that can be used to maintain a high level of economic security of the country are presented, among which it is worth noting: diversification of the economy, which will reduce risks and ensure the sustainability of economic development; development of reserve markets, which may in the long term reduce the possibility of restricting foreign trade and access to resources; infrastructure protection, which involves ensuring the security of critically important facilities, such as energy systems, highways and communication networks; resource mobilization, which involves the accumulation and attraction of financial resources, in particular from foreign investors; development of reserve energy sources involves ensuring energy security; preservation of human capital. Key areas of reforming the country’s economy in the face of a full-scale invasion have been identified. The main sectors on which economic security should be based in the direction of restoring the viability of sectors of the economy, which in the pre-war period had the largest share of GDP, have been identified. Probable prospects for the development of the metallurgical, agro-industrial and service sectors have been identified.
Some problematic issues of legality and impartiality of the actions of TCC employees and joint ventures in assisting the police to carry out actions of a mobilization nature
Authors: Tinin D. G. , Timofeev V. P. , Zavistovskyi O. D.
Published: February 2025

Modern challenges in the conditions of actions of the legal regime of martial law, faced by Ukraine, are related to ensuring the mobilization of significant human and material resources and require detailed study. Today’s problematic aspects of the legality and impartiality of the actions of the employees of the territorial recruitment and social support centers (hereinafter referred to as TCC and SP), as well as the role of the police in the conditions of mobilization events, create precedents that cause resonant excitement among the population.
This article analyzes numerous cases of violation of the rights and freedoms of citizens in the context of mobilization, which is an important aspect, especially in the conditions of military conflicts. Mobilization processes were found to be often accompanied by restrictions on fundamental rights such as the right to liberty, the right to a fair trial and the right to privacy. On the example of specific cases, it was demonstrated how the state’s decisions on mobilization can negatively affect individual freedoms, causing social discontent and alienation. In addition, the article emphasizes the urgent need to ensure legal protection of citizens during mobilization, as well as the importance of holding discussions about the balance between national security and human rights. The authors call for the creation of more transparent mechanisms that would allow monitoring the state’s actions and establishing mechanisms for protecting the rights of citizens in crisis situations. As a result of the study of the legality and impartiality of the actions of TCC and SP employees, as well as the role of police officers during mobilization activities, a number of significant aspects were identified that require attention and further implementation of changes. In the modern aspect, mobilization measures are quite often carried out with the creation of precedents that cause public resonance. This trend indicates the need to find new, i.e. more effective, tools for working with the population. The negative consequences of such activities regarding the formation and training of recruits will create a low level of public trust in the state, and therefore will have a low level of motivation of personnel in the future.
Determining the place of residence of a child under martial law
Authors: Lishchynska Y. Y. , Harasymiw T. Z.
Published: February 2025

The article clarifies the problematic aspects of determining the place of residence of a child in conditions of martial law and full-scale armed conflict. Determining the place of residence of a child by purely legal methods is not limited, since its choice is also regulated by moral norms, and the presence of a moral component of regulating the place of residence of a child is explained by the specifics of the regulated relations.
It is noted that when resolving a conflict between divorced parents about the place of residence of a minor child in conditions of martial law, circumstances related to the safety of the child and the consequences of hostilities are of significant importance and must be studied and assessed by the court. The presence of one of the parents in military service in the Armed Forces of Ukraine or other law enforcement agencies, as well as the availability of a place of residence outside the country cannot be the only grounds for determining the place of residence of a child with one of the parents. These facts, as well as other circumstances and restrictions arising from martial law and hostilities, should be assessed by the court in conjunction with other factors, taking into account the principles of equal rights of parents and ensuring the best interests of the child, encouraging the cooperation of all participants in the process.
Changing the place of residence of a child in conditions of war and social changes is a particularly difficult task, requiring a careful analysis of both legal and moral aspects. The principle of equal rights of parents and ensuring the best interests of the child should become the basis for making decisions in disputes about residence. Courts should take into account not only the personal interests of the parents, but also the emotional state of the child, his or her needs and safety in conditions where hostilities create additional risks. In light of modern challenges such as martial law, it is necessary to take into account the special circumstances arising from the conflict, as well as to promote cooperation between all parties. Only a comprehensive approach that combines legal norms with humanistic principles can provide a truly safe and stable environment for the development of the child.
The content of a contractual obligation of the contract for the sale of future real estate object
Authors: Davydovych A. V.
Published: February 2025

The article focuses on the obligation of the contract for the sale of future real estate object as one of the types of civil legal relations. The author determines that the content of this obligation is a logically constructed system of rights and obligations of the parties, a specific list of which is set out in the Law of Ukraine «On guaranteeing real property rights to real estate objects to be constructed in the future». The article emphasizes the non-identity of the concepts of “obligation content”, which covers the rights and obligations of the parties, and “contract content”, which is reduced to contractual terms and conditions. The latter serve as an instrument of legal consolidation of the obligation content.
The study concludes that the obligation to purchase and sell a future real estate object is a complex and mutual one, which gives each party several rights and obligations. The specificity of the obligation under study lies in its multi-stage nature, since the fulfillment process covers not only the classic actions with property (acceptance, transfer, payment), but also involves atypical acts of transfer and acceptance of the future real estate object, construction of the real estate object, ensuring the conditions for its permanent operation in the future, and other actions specified by law. In order to minimize risks in the process of execution, the legislator introduced legal mechanisms that balance the legal status of each party and are aimed at protecting investors’ rights.
The article draws attention to the need to comply with the sequence of obligations, where proper performance by one party is a condition for performance by the other party. Ignoring a certain obligation will make it impossible to move to the next stage of performance and will prevent the achievement of the purpose of the obligation. Therefore, in order to encourage the debtor to take active actions, the creditor is endowed with the right of claim, which has a regulatory role in this process.
The results of the study show that the unifying element of the system of rights and obligations in the obligation under study is the goal which should be determined by the interest of the weaker party to the transaction and which consists in acquiring ownership of real estate. These conclusions are formulated based on the focus of a special legal act in the relevant area of relations. The interpretation that the purpose of the sale and purchase of a future real estate object is to change the state of assignment of the civil rights object and transfer the future real estate object is erroneous.
Enforcement and protection of copyright in the digital environment (on the Internet)
Authors: Ennan R. Ye.
Published: February 2025

The article considers certain problematic aspects regarding the implementation and protection of copyright in the digital environment (on the Internet). It has been established that the digital sphere (digital environment, the Internet) is developing at a rapid pace and is particularly relevant in terms of the use and protection of intellectual property rights. It is proven that the development of the digital sphere (digital environment, Internet) has led to the appearance of the latest objects (in particular, multimedia and digital works), new forms of creativity, new communication media (forms of communication), including an interactive environment. It is proven that in connection with the development of high technologies, the appearance of new objects of copyright and related rights with special, new properties, new types and methods of their use, new exclusive rights of creators (the right of access in interactive mode) have arisen. It was established that the national legislation of Ukraine and international treaties do not use the concept of «Internet» as a medium for the use of objects of copyright and related rights, as a place for communication, instead, the norms of domestic legislation (Civil Code of Ukraine, Law of Ukraine «On Copyright and Related Rights rights») contain broader concepts that apply to digital technologies, namely, reproduction, the right to distribute to the general public (disclosure, access). It has been established that for the legitimate use of copyright and related rights on the Internet, it is necessary to obtain permission from the subjects of copyright and related rights. It is substantiated that it is important to ensure effective and adequate protection of the intellectual property rights of creators, guarantee them appropriate compensation for the use of their objects, and encourage them to continue their creative activity. The need to establish certain exceptions and limitations of copyright and related rights in the interests of society in order to promote the development of education, science and culture has been proven. It has been established that the problems of legal inconsistency of legislation are becoming increasingly important as a result of the further development of the information society and the emergence of new forms of cross-border communications. It is substantiated that modern legislation in the field of copyright and related rights needs changes and additions to adequately reflect economic realities, new forms of use of objects, etc.
Status of scientific research on issues of the civil liability of the State for acts of state authorities and acts of legal entities owned by the State
Authors: Ilyashev M. I.
Published: February 2025

The development of statehood, profound sociological changes, and the establishment of humanism and justice contribute to the progressive interpretation of the philosophical foundations of civil liability, as well as foster the ongoing reevaluation of the legal categories, mechanisms, and limits of this legal institution. This enhances the growth of the scientific environment by enriching it with new and relevant research and ideas, which are important to track and study. An effective analysis of the current status of scientific research on the issue of civil liability of the State for acts of state authorities and acts of legal entities owned by the State not only helps to update knowledge, but also proves valuable for finding new approaches and forming practical recommendations for innovative solutions to existing legal matters. Review of the contemporary scientific achievements in this field stimulates intellectual exchange among researchers and helps to identify and eliminate scientific flaws.
This article is dedicated to analysing the current state of scientific research on the issue of civil liability of the State for acts of state authorities and acts of legal entities owned by the State, performed by domestic authors of independent Ukraine. A review of scientific publications and thesis allows for determining key perspectives and development vectors of Ukrainian civil law science. The aim of this article is to evaluate how domestic scientific environment is adapting to contemporary challenges, particularly how this adaptation affects the speed and tendencies in study of the legal nature of the civil liability of the State and its components.
The author points out key domestic scientific studies that, in his opinion, provide a solid general theoretical understanding of the concept of the civil liability, its functions, and conditions for its occurrence, noting that those papers serve as a reliable foundation to narrow down the studies. However, the issue of civil liability of the State is still covered by those theses rather fragmentarily.
Besides significant scientific achievements, the author seeks to highlight aspects that have not yet been duly scrutinized by domestic scholars, identify the existing scientific gaps, and outline new directions for further study of the civil liability of the State. The article contains recommendations for improving the scientific approach to researching the outlined issue.
Problems of the subject jurisdiction of cases on the civil confiscation of assets as a result of the application of sanctions
Authors: Kovachev P. I.
Published: February 2025

The article is devoted to the discussion of problematic issues of the functioning of the procedural mechanism of civil confiscation of sanctioned assets, in particular, the existing legislative approaches to determining the subject jurisdiction of the relevant category of cases.
The author made an attempt to trace the reasons and logic of the legislator, which prompted the latter to refer cases of recovery of assets of a person as a result of the application of sanctions to the sphere of administrative proceedings and consideration of such cases by the High Anti-Corruption Court according to the rules of the Code of Administrative Proceedings of Ukraine. Based on the state of development of the relevant issues of civil confiscation in the legal literature, there are doctrinal views on the problem of distinguishing the subject and subject jurisdiction of cases between courts, as well as the established practice of applying the norms of procedural law at the level of legal opinions of the Grand Chamber of the Supreme Court, critical remarks were made regarding the implemented legislative approach to assigning a defined category of cases to the jurisdiction of administrative courts.
Within the framework of the proposed discussion, the author expressed the thesis that, regardless of the overt public nature and the nature of the regulation of legal relations in the sphere of the application of sanctions, the use of the judicial instrument of confiscation of assets into state income, as a result of sanctions, should be considered as state interference in private property, in understanding of Article 1 of Protocol No. 1 to the Convention on the Protection of Human Rights and Fundamental Freedoms, i.e. the private right of an individual, and therefore, in the opinion of the author, cases of civil confiscation as a result of the application of the sanction provided for in Clause 11 of Part 1 of Article 4 of the Law of Ukraine «On Sanctions», fall under the sphere of civil jurisdiction. Taking this into account, the author formulated the conclusion that the appropriate procedural mechanism for the recovery of sanctioned assets should be regulated at the level of a separate chapter of the Civil Procedure Code of Ukraine, and not the Code of Administrative Procedure of Ukraine, similarly to how it occurs when regulating procedures for the civil confiscation of unsubstantiated assets.
The separate legal facts as grounds for the emergence of notarial procedural legal relations
Authors: Kryzhevska O. O.
Published: February 2025

The article is devoted to the study of individual legal facts as the basis for the emergence of notarial procedural legal relations. The author focuses on the fact that the peculiarities of legal facts that give rise to notarial procedural legal relations are a certain sequence of their occurrence. This sequence is determined by the norms of notarial procedural law and the stages of the notarial process defined in legislation and scientific sources.
It is justified if we break down legal relations at the time of their origin, development and termination, then it is worth in Art. 49 of the Law «On the Notariat» to divide the grounds for refusal to perform a notarial act in the same way at the time of their occurrence and during the performance of a notarial act, since the illegal demand of the applicant can potentially be transformed into a legal one, in particular, illegal requirements in the marriage contract can be either excluded or transformed into legal ones, namely: together with the marriage contract, a donation contract can be certified, etc. The notary and the applicants can agree on this during the certification of the contract, but the parties to the contract must be given the right to consider the corresponding transformation, which can be qualified as a suspension of the notarial proceedings by agreement of the applicants and the notary for a certain period, so that the suspension period is consistent with the postponement period applied in Article 42 of the Law. Therefore, the author believes that Art. 42 of the Law should be transformed into an independent chapter of the Law, where the terms of notarial action will be fixed in separate regulations, as well as complications in notarial proceedings related to the postponement or suspension of notarial proceedings, their grounds and consequences. It is justified that since the Law of Ukraine «On the Notariat» is the main regulatory act that regulates the activities of notaries only, but also other persons authorized to perform notarial acts, it should provide for all cases (exhaustive list of grounds) of postponing and stopping notarial acts proceedings by certain authorized persons.
Judicial method of protecting patients’ rights
Authors: Kucher V. O.
Published: February 2025

Healthcare is a priority area of social activity, the purpose of which is to provide medical care. Despite a sufficient legislative base, the issues of civil law protection of patients’ rights are not sufficiently developed, since the latter are regulated by numerous multi-sectoral laws and by-laws, which complicates their application and interpretation.
Protection of patient rights can be carried out in non-jurisdictional and jurisdictional forms. Non-jurisdictional protection of patient rights involves self-defense of their rights and legitimate interests. In turn, jurisdictional is an administrative procedure for restoring a violated right or protecting violated rights and interests in court. In the event of violation of civil rights and interests, a person has the right to apply to court for protection of personal non-property rights.
In the case of contractual liability, its forms and sizes can be established both legislatively and directly by the terms of the concluded contract. Instead, non-contractual liability is regulated exclusively by legislative norms. The conditions for the emergence of obligations as a result of causing harm to the life or health of citizens during the provision of medical services are identical to those that exist in all tortious obligations: damage, illegality, causal relationship, fault. The specificity of such obligations is determined by the nature of medical activity.
In the context of reforming civil legislation, the implementation of state policy on the health protection of individuals is possible only by adopting relevant regulatory legal acts aimed at compensating for damage and restoring the patient’s property status in the event of providing poor-quality medical services. It is advisable to provide in civil legislation a norm that would determine the grounds for holding a medical professional liable in the event of providing poor-quality medical services to a patient. The amount of compensation should be determined by the court, taking into account the nature of the injuries caused, the degree of fault of the medical professional, as well as other circumstances of the case. The medical institution where the medical professional works shall bear additional liability for the harm caused to the patient, unless it proves that it has taken all measures within its power to prevent or reduce the harm.
Doctrinal approaches to identifying the stages of evolution of the formation and development of the institution of reconciliation of the parties
Authors: Melezhik Yu.
Published: February 2025

The scientific article notes that such changes in the regulatory and legal regulation of the institution of reconciliation of the parties as the consolidation of the institution of dispute resolution with the participation of a judge in the Civil Procedure Code of Ukraine, the definition of the legal principles and procedure for conducting mediation as an extrajudicial procedure for resolving a conflict (dispute), the principles of mediation, the status of a mediator, the requirements for his training and other issues related to this procedure in the Law of Ukraine «On Mediation» have intensified scientific discussions on the main periods of the formation and development of the institution of reconciliation of the parties in Ukraine and foreign countries, the factors that influence this development.
Doctrinal approaches to the allocation of stages of the evolution of the formation and development of the institution of reconciliation of the parties, the criteria for its periodization and the characteristic features of each of the stages are analyzed. It has been established that the lack of unanimity among scientists on the issue of the evolution of the institution of reconciliation of the parties in the science of civil procedural law is due to their application of the following approaches: 1) the use of several criteria at once when identifying the stages of the evolution of the institution of reconciliation of the parties that do not belong to one classification group, and as a result, the classification of phenomena of different orders was carried out; 2) the combination of several approaches to periodization or the periodization of part of the history of the development of the conciliation procedure using one approach to periodization, and part of it using another (in particular, the symbiosis of chronological periodization and periodization of stages of social development).
When identifying the stages of the evolution of the formation and development of the institution of reconciliation of the parties, the author proposes to apply two approaches: 1) a broad approach: the evolution of the institution of reconciliation of the parties from the idea of a compromise settlement of disputes to the introduction of the institution of reconciliation of the parties in state judicial proceedings and its development to the present day. According to a broad approach, the history of the establishment of the institution of reconciliation of the parties dates back to the times of primitive society; 2) a narrow approach: the evolution of the institution of reconciliation of the parties coincides with its consolidation in written sources of law.
Termination of marriage due to divorce and its legal consequences under the family legislation of Ukraine taking into account the legal regime of martial law
Authors: Nestertsova-Sobakar O. V.
Published: February 2025

The article examines current aspects of the legal regulation of the termination of marriage as a result of its dissolution under the family law of Ukraine, in particular under martial law. The impact of the legal regime of martial law on the procedures for the dissolution of marriage is analyzed, including the features that arise due to the temporary absence of one of the spouses due to mobilization, stay in occupied territories or abroad, as well as cases when one of the spouses has disappeared. The administrative and judicial procedure for the termination of marriage is studied, their advantages and disadvantages in modern conditions are considered. Special attention is paid to the issues of the dissolution of marriage by mutual consent of childless spouses, as well as the difficulties associated with the residence of one of the spouses abroad or in a temporarily occupied territory. In this regard, the judicial practice on this issue is highlighted and measures to improve this process are formulated.
The specifics of divorce proceedings at the request of one of the spouses are highlighted, in particular in cases provided for by law to protect the interests of children, as well as the absence of clearly defined grounds for divorce. The article substantiates the need to introduce mediation into divorce proceedings in order to ensure reconciliation of the parties and the preservation of family relations. The author proposes a transition to an exclusively judicial procedure for divorce, which will contribute to increasing the level of protection of the rights of spouses and their children.
New challenges for law enforcement practice in wartime are also examined, including the difficulties of access to justice due to restrictions introduced by martial law, destabilization of social processes and changes in the jurisdiction of courts. The article puts forward proposals for improving the family legislation of Ukraine, taking into account modern realities, in particular the need for state intervention in divorce proceedings to strengthen the institution of the family even in conditions of armed conflict. The author emphasizes that divorce is not only a legal process, but also a socially significant phenomenon that requires a comprehensive approach that combines legal certainty with the protection of the moral and social interests of all participants in the process.
On the strategy of forming national legislation in the field of clinical trials of medicinal products: some legal challenges
Authors: Ponomarova O. O. , Tarasenko H. V. , Baula O. P.
Published: February 2025

The article highlights some aspects that need to be harmonized with the European Community (EU) regulations in order to develop national legislation in the field of clinical trials of medicinal products. The purpose of the article is to study the state of legal regulation of clinical trials of medicinal products in Ukraine through the prism of strengthening the protection of the rights of research subjects and access to clinical trials for all population groups. The author examines the integration of clinical trials of medicinal products into European and international standards. Some topical issues of improving clinical trials in Ukraine are highlighted. The authors come to the conclusion that when formulating a strategy for national legislation in the field of clinical trials of medicinal products, an important aspect is the adaptation of Ukrainian legislation to Regulation (EU) № 536/2014. This is due to the fact that all patients have the right to effective and safe medicines, and therefore to participate in clinical trials, which opens up the possibility of access to new medicines at the research stage. This is especially important for people with rare diseases or for vulnerable populations who may not have access to other treatments. herefore, the adaptation of the Order of the Ministry of Health of Ukraine “On Approval of the Procedure for Conducting Clinical Trials of Medicinal Products and Examination of Clinical Trial Materials and the Model Regulation on Ethics Commissions” № 690 dated 23.09.2009 to the provisions of Regulation (EU) № 536/2014 is a critical necessity to ensure access to clinical trials for all sensitive groups of the Ukrainian population. The involvement of different population groups in clinical trials is due to the specific pharmacological properties of medicinal products and the needs of different groups of subjects, since medicinal products act differently depending on age, physiological and hormonal changes, which is relevant for children, pregnant women and the elderly, and drug trials involving healthy volunteers should be conducted only in phase I clinical trials and bioequivalence studies. Compliance with the principles and provisions of Regulation (EU) № 536/2014 will help to increase the level of legal protection of research participants, including persons with disabilities, minors, pregnant women, as well as patients in emergency conditions and other groups of the population.
Protection of children’s rights in cases of domestic violence
Authors: Hresko O. O. , Bek U. P.
Published: February 2025

Child abuse is a complex and multidimensional problem that encompasses various forms of physical and psychological violence. Violence against children exists across social or economic groups, affecting families with different levels of income, education and social status. Its scope has no clear boundaries and occurs in both well-off and troubled families.
Violence, by its very nature, can be manifested through the actions or inaction of adults. This includes not only physical injuries, but also psychological pressure, which can harm a child’s well-being, self-confidence, health and development. According to the Constitution of Ukraine, every person, including children, has the right to personal integrity and respect for their honor and dignity, and violence is a gross violation of these rights.
It is particularly dangerous because children are often unable to defend themselves. They may not understand what is happening to them and feel helpless. In most cases, children do not know who to turn to for help, so the issue of child protection becomes a particularly important task for society.
The problem of protecting children and ensuring their full development is an important national priority, and a comprehensive approach is needed to address it. Ukraine has a broad legal framework that regulates the protection of children from violence, including laws aimed at ensuring their rights and protecting them from abuse. However, despite these measures, statistics and real-life situations show that the problem remains relevant, and cruelty and violence continue to occur.
One of the important reasons for this is the legacy of the Soviet system, which did not have adequate mechanisms to protect children and prevent juvenile delinquency. The proposal to introduce juvenile justice at the state level is relevant, as repressive methods not only do not solve the problem, but also contradict the principles of humanism and democratic values.
Juvenile justice will ensure comprehensive social and legal protection of children and support for families at risk of violence. In addition, international legal instruments emphasize the absolute prohibition of child abuse in all circumstances, and this principle must be strictly enforced in practice.
A modern approach to overcoming the consequences of domestic violence in Ukraine requires not only improving legislation, but also strengthening preventive measures, parental and child education, and the development of social services. Such a comprehensive approach will help reduce the level of child abuse and promote their harmonious development as full-fledged citizens.
Problems and prospects of notarization of family contracts
Authors: Sosonovych M. V.
Published: February 2025

The article identifies the main legislative and technical barriers to the adaptation of Ukrainian legislation to European standards. In particular, the author identifies legal problems related to the need to amend the Family Code of Ukraine and the Law of Ukraine ‘On Notaries’, as well as technical difficulties arising from the digitalization of notarial processes. A comparative analysis of electronic notary instruments which are already successfully used in EU countries such as Estonia, for example.
Based on the results of the study, the author substantiates the need to adapt national legislation to ensure legal certainty and legal guarantees for the parties to family agreements. The author offers recommendations for the introduction of electronic notary in Ukraine, including legalization of the possibility of electronic certification of contracts and creation of the relevant technical infrastructure.
It is noted that the introduction of electronic notaries will be an important step in the digital transformation of notarial services in Ukraine. This approach will increase the efficiency of notaries, in particular by automating the processes of preparing and certifying family agreements, which, in turn, will reduce the administrative burden on notary offices. Thanks to the introduction of electronic tools, citizens will be able to conclude family agreements faster and with lower financial costs, as there will be no need to visit notary offices in person. Instead, a significant part of the procedures can be carried out online using electronic signatures and other digital identification tools.
In addition, electronic notaries will increase the level of transparency of notarial acts, as all stages of concluding and certifying contracts will be recorded electronically and audited. This will reduce the risks of document forgery, fraud and fraud that may occur when concluding family agreements. Improving the procedures for controlling the certification of contracts will help strengthen public confidence in the notary system and reduce the number of court disputes related to the legality of family contracts in the Ukrainian legal field.