bluuebunny/crossref_metadata_2025 huggingface dataset:
Legal regulation of civil liability for environmental violations of land legislation
Authors: Rublowa O. V.
Published: February 2025

Ru The article addresses the legal regulation of civil liability for environmental violations in the sphere of Ukraine’s land legislation. The aim of the study is to analyze the legal norms and mechanisms of civil liability for environmental violations in the context of Ukraine’s land legislation. The research employed general scientific methods of cognition, including analysis, synthesis, induction, deduction, comparison, and a systematic approach. The findings indicate that civil liability for environmental violations in land law is aimed at compensating the injured parties, encompassing not only the physical restoration of damaged resources but also compensation for lost opportunities resulting from such violations. It is established that the primary goal is not to punish the offender but to restore violated rights and compensate for damages, aligning with the principles of justice and legality. The main characteristics of environmental violations in the field of land legislation include a broad range of actions, such as unlawful use of land resources, non-compliance with their conservation requirements, and violations of the ecological functions of land. The object of these violations is land resources, which encompass physical, biological, and ecological components. The features of civil liability in this area are defined by a focus on compensating actual damages and lost profits, which may include expenses for restoring violated rights and lost income. Special attention is given to the role of individuals, legal entities, and public organizations in initiating legal proceedings to enforce environmental responsibility and maintain ecological stability in land use. The practical significance of the study lies in formulating recommendations for improving the mechanisms of civil liability for environmental violations to enhance their effectiveness.
Bringing the legislation of Ukraine on hazardous waste management in line with the requirements of the European Union law
Authors: Synchanskyy S. O.
Published: February 2025

The article is devoted to a comprehensive analysis of the development of Ukraine’s legislative framework in the field of hazardous waste management, viewed through the prism of its harmonisation with the requirements of European law, which is of particular relevance in the context of the EU-Ukraine negotiation process launched in June 2024. The paper traces the evolution of Ukraine’s national legislation from the adoption of the Law of Ukraine «On Waste» in 1998 to the adoption of the new Law «On Waste Management» in 2022, in terms of taking into account the key provisions of EU acts in the relevant field. The author analyses the key EU directives with which Ukraine, in accordance with the acquis communautaire, must bring its national legislation on hazardous waste management into line with the requirements of EU law. A comparative analysis of Ukrainian legislation and EU legal acts in the field of hazardous waste management is carried out, in particular Directive 2008/98/EC on waste, Directive 2012/19/EU on waste electrical and electronic equipment, Directive 1999/31/EC on landfill and Directive 2006/66/EC on batteries and accumulators.
The author highlights the main challenges and obstacles to the harmonization of legislation, including the inconsistency of the national infrastructure with modern European standards; the need to introduce the principle of extended producer responsibility, which imposes responsibility on producers for the entire product life cycle, including the post-consumer stage; the need to adopt specialised laws for the full implementation of certain EU directives, in particular in the field of waste electrical and electronic equipment, batteries and accumulators.
Special attention is paid to the implementation of the circular economy principle as a strategic direction of Ukraine’s development in the context of European integration. The article considers the possibilities and prospects for the development of infrastructure for the treatment and reuse of waste, in particular, those generated as a result of hostilities.
The author provides recommendations for urgent actions to harmonise national legislation with EU law in the relevant area, including accelerating the implementation of European directives through the adoption of the necessary regulations, in particular, the laws «On Waste Electrical and Electronic Equipment» and «On Batteries and Accumulators»; full implementation of the principle of extended producer responsibility; modernisation of the hazardous waste management infrastructure; improvement of the effectiveness of monitoring and control in this area; and development of interagency cooperation and fight against corruption.
The author emphasises the need for a comprehensive approach to solving hazardous waste management problems, including legal, economic and social aspects.
Improvement of the land resource management mechanism of settlements
Authors: Strelnyk V. V. , Rydenko B. O. , Vechorka Yu. V.
Published: February 2025

An important component of the infrastructure of cities and other settlements are long objects that ensure the movement of people, the transmission of energy, resources, and information over long distances. As part of the lands of settlements, lands are allocated that constitute «public space» and are used for movement and stay of people. For the settlement as a whole, as a complex organized system, public lands are of great importance. Sufficient area of such lands, well-thought-out location and high level of their development significantly determine the economic potential of the settlement and its attractiveness for life. The use of public lands provides essential public interests, the priority of which is ensured by legal norms.
Successes and failures of the land management system depend almost entirely on the management system, on the quality of management and the level of professionalism of those responsible for filling the system. Even in the era of digitization and digitization, it is the «human factor» that determines the success of systems. Constant monitoring of land resources has a significant impact on the level of efficiency of their exploitation. Such an approach requires taking into account the ecological state of land resources, their suitability for the creation of engineering objects of market infrastructure, attractiveness for the implementation of investment projects, etc.
Of special importance for the mechanism of land resources management is the system of economically justified measures and adopted decisions, which must ensure: balance of interests of the state, region, agricultural enterprises and private land owners; rational distribution of rental income between the state, the region, agricultural enterprises, private landowners and other owners of land rights; economic interest in investing in the territory of the regions; revenues of state, regional and local budgets; continuity of the reproductive process; the reasonableness of the established rates, tariffs and prices in the implementation of measures for the management of land resources; balanced socio-economic development of territories.
On the issue of labour dispute resolution through mediation as one of the ways to protect the right to labour
Authors: Hrebenar O. V.
Published: February 2025

The article examines the issues of labour dispute resolution through mediation as one of the alternative ways of protecting the right to work. It is found that the legislator has established and outlined the legal basis for conducting an out-of-court conflict resolution procedure (mediation) by mutual agreement of the parties to the conflict and with the participation of an intermediary (mediator), and has also defined the principles of mediation, regulated the procedure and procedure for its conduct, and determined the legal status of the mediator, his/her rights and obligations, and liability. The author proves that when using mediation as a method of labour dispute resolution, it is necessary to take into account the mediator’s competence when choosing a mediator. It is proved that mediator competence is a complex of professional knowledge, skills and abilities, as well as experience of one’s own activities, which allow making objective judgements and making accurate decisions for conflict resolution. The author identifies the components of mediation competence which should be taken into account when selecting a mediator for labour dispute resolution, namely: motivational, cognitive, activity, and personal. The author establishes that the choice of a mediator for labour dispute resolution should be based on the following criteria for assessing his/her competence: conceptual - understanding of the theoretical foundations of the profession; instrumental - mastery of the basic methods and technologies of mediation; contextual - taking into account the geographical, political, legal, cultural, economic conditions of activity; projective - anticipation of risks, forecasting the results of various types of professional activity. It is proved that a mediator involved in the settlement of labour disputes with a view to protecting the constitutional right to work should be fluent in the art of organising and conducting negotiations, know the current labour legislation and the technique of questioning, the rules of rational discussion, and be proficient in rhetoric and argumentation in order to quickly and effectively persuade the conflicting parties and professionally smooth out conflicts. It is concluded that by taking into account the proposed components as criteria for selecting a competent mediator when engaging him/her in the settlement of labour disputes, one of the major obstacles to the use of mediation for the purpose of settling labour disputes as a way to protect the constitutional right to work will be overcome.
Legal regulation of digital transformation in Ukraine: institutional and technological criteria for effectiveness in the context of European integration
Authors: Akulov Yu. V.
Published: February 2025

This article provides a comprehensive theoretical and legal analysis of the criteria for the effectiveness of state policy in the areas of digitalisation and artificial intelligence. It particularly focuses on the examination of normative-legal, institutional, technological, and innovative aspects of digital transformation amid the processes of European integration and martial law in Ukraine.
Through a systemic analysis of the normative-legal framework, it is established that the legislative support for digitalisation in Ukraine is characterised by complexity and alignment with European standards. A key role is played by the Law of Ukraine on «Digital Content and Digital Services,» which ensures the harmonisation of national legislation with Directive 2019/770. The synergistic effect of the interaction between various normative-legal acts in the sphere of digitalisation is analysed, including laws on cloud services and e-commerce.
Institutional criteria for effectiveness are explored, reflecting the organisational capacity of state authorities to implement digital transformation policies. The role of the Ministry of Digital Transformation and the effectiveness of CDTO positions within state authorities are examined. The necessity of establishing specialised regulatory bodies, particularly in the field of artificial intelligence, is identified, akin to the European Artificial Intelligence Board.
Technological criteria are assessed through the lens of the Regional Digital Transformation Index, demonstrating significant progress in the implementation of digital solutions, particularly in the areas of paperless documentation and electronic services. Regional disparities in the level of digitalisation are analysed, and key factors for successful digital transformation at the local level are determined.
Innovative criteria are investigated in the context of developing research activities and technology transfer mechanisms. The role of digitalisation in enhancing the transparency of public administration and strengthening trust in state institutions is defined. Strategies for supporting the digitalisation of research activities and mechanisms for protecting intellectual property rights during technology transfer are analysed.
The State Employment Service in the modern system of public administration
Authors: Hryshyna N. V.
Published: February 2025

The article analyses the leading role of the State Employment Service of Ukraine as a key element of public administration that ensures the implementation of employment policy and labour market regulation. The main functions of the service are highlighted: employment promotion, support for vulnerable groups, vocational training and social support for the unemployed. Particular attention is paid to the implementation of equal opportunities programmes and international cooperation, which facilitates the integration of modern standards into its activities.
The author emphasises the problems of functioning of the State Employment Service of Ukraine in the context of socio-economic transformations caused by globalisation, digitalisation and military conflicts. Changes in the labour market, in particular the growing demand for digital skills and new professions, require modern approaches to employment management. The article analyses the challenges for the State Employment Service, such as the need to support vulnerable groups (people with disabilities, veterans, Internally displaced persons) and the development of digital services to increase transparency and accessibility of services. It suggests the introduction of innovative technologies to automate processes and provide access to vacancies and consultations in real time.
It also justifies the optimisation of regional employment policy to address the imbalance of labour resources and the adaptation of the service to new forms of employment, including support for freelancers and remote workers who require special social guarantees. The results emphasise the importance of the State Employment Service in stabilising the labour market and socio-economic recovery of Ukraine.
It is concluded that the State Employment Service plays an important role in implementing employment policy and regulating the labour market in the system of public administration. Reforming and modernising the service is essential for economic development and social integration, especially in the current crisis. Innovative approaches will increase efficiency, ensure social stability and sustainable development of the labour market in Ukraine.
Competence of customs authorities with regard to combating corruption in the area of customs security
Authors: Ilchenko O. V.
Published: February 2025

The article presents the results of the study of individual conceptual and categorical elements of the system of theoretical and legal regulation of relations in combating corruption in the customs sphere as an important component of strengthening customs security. The individual positions of the formed scientific legal doctrine on the research issues are detailed and the existing gaps in the coverage of the conceptual and categorical apparatus of theoretical and legal regulation of anti-corruption activities in the customs sphere as a way to promote the improvement of the general state of customs security are identified. The absence of the regulatory and legal characteristics of the category «competence» of customs authorities regarding the organizational support of combating corruption as a way of ensuring customs security is determined. It is proven that the competence of customs authorities in the field of combating corruption is characterized by a set of legal rights and obligations (powers) of customs authorities and their officials enshrined in the current legislation regarding the requirement of anti-corruption behavior from other persons, which is enshrined in the provisions of regulatory acts. It is proposed to make additions to the list of main tasks performed by customs authorities in the Customs Code of Ukraine regarding their powers in the field of combating corruption as a component of customs security, as well as to supplement Article 6. «Customs interests and customs security», paragraph 2.1 with the following content. The competence of customs authorities in the field of combating corruption as a component of customs security is a component of the administrative and legal status of customs authorities, which is a set of their rights and obligations, tasks, functions, subject of competence, purpose, place and role of customs authorities as a specific type of activity in the field of social management, which includes a system of measures of a political, legal, organizational and managerial, ideological, socio-psychological and other nature aimed at ensuring the protection of the customs interests of Ukraine, namely national interests through the implementation of the state’s customs policy. Prospects for further research include determining the directions of administrative reform in Ukraine, reviewing the powers, tasks and functions of financial control bodies, and further analyzing and improving basic legal concepts that ensure the state of legality in the field of customs security.
Principles of activity of local self-government bodies as subjects of financial law
Authors: Kyrychenko Yu. M.
Published: February 2025

The article examines the fundamental principles of the activity of local self-government bodies in Ukraine as a form of organization and functioning of public authority at the local level. It is determined that the principles of activity of local self-government bodies serve as the basis and main reference point for the implementation of all normative and law-enforcing activities of local authorities. Having a generally binding, imperative and generally significant nature, they form the foundation for the existence of the local self-government system, cover all aspects of the activities of its bodies, determine the entire complex of social relations that arise in the process of their organization and functioning.
It has been established that in accordance with the organizational principles, the system of local self-government bodies is formed and functions (the rule of law in the organization of the system of local self-government bodies; the combination of representative democracy with forms of direct expression of citizens’ will; the control and responsibility of local self-government bodies and officials before the territorial community; the organizational isolation of local self-government, its bodies in the state management system and interaction on the basis of partnership with state authorities in the implementation of general tasks and functions; the ubiquity of local self-government; the legal, organizational and financially capable autonomy of local self-government.
The functional principles serve as the basis for proper administrative rule-making and law-enforcement activities of local self-government bodies as subjects of administrative-legal relations (the priority of human and citizen rights and freedoms; openness and transparency in the activities of local self-government bodies; legality as the activities of local self-government bodies in accordance with the powers and in the manner prescribed by law; combination of proportionality, necessary sufficiency and suitability of actions taken by local self-government bodies with the inadmissibility of abuse of the granted powers when resolving issues of local importance; competence, professionalism, impartiality and capacity; prevention of corrupt acts; accessibility and timeliness of administrative services; subsidiarity of decision-making; participation of representatives of territorial communities in the development of draft administrative decisions and their adoption; collegiality; responsibility for decisions made.
Place and role of preventive activity units of the National Police
Authors: Kiblyk D. V.
Published: February 2025

The article examines the place and role of preventive activity units in the system of the National Police of Ukraine in ensuring public security and law and order, in particular in the context of modern challenges, including armed aggression on the territory of Ukraine. The author analyzes the regulatory framework that regulates the activities of preventive activity units, and also explores the key areas of their work, including prevention of offenses (preventive activity), prevention of crimes and administrative offenses, as well as conducting information and educational work among the population. It is noted that preventive activity units are aimed at timely detection and neutralization of security threats, prevention of offenses through interaction with local communities, as well as active use of criminogenic situation analysis to direct resources to the most problematic areas. Special attention is paid to the interaction of preventive units with the public, other law enforcement and state bodies, local authorities to ensure public order and security, as well as civil society organizations. Such cooperation contributes to the formation of a positive image of the police, strengthening trust from the population and allows for a more effective response to social problems that may cause offenses. Thanks to close cooperation with the public, preventive activity units carry out not only the prevention of criminal and administrative offenses, but also comprehensive work on the prevention of violence, bullying, drug addiction, and also carry out measures aimed at increasing the legal awareness of the population. Aspects of the activities of prevention units in martial law are separately considered, when the need for mobility and adaptation to new threats, such as terrorist acts, sabotage, as well as maintaining law and order in combat zones, increases. The article emphasizes the importance of the flexibility of the National Police for effective work in such difficult conditions, in particular during the operation of special legal regimes, and shows how the introduction of innovative work methods can help in adapting to the new security realities in Ukraine.
The Law of Ukraine “On Public Consultations” and its impact on the evolution of the right to participate in the management of public affairs: theoretical and practical analysis
Authors: Krainii P. I.
Published: February 2025

The opportunity for private individuals to engage in addressing issues of national and local significance is exercised through participation in the management of public affairs. This participation, a constitutional right enshrined in the Constitution of Ukraine, now holds a broader scope and greater impact than initially anticipated when the Basic Law was adopted at the end of the 20th century. Ongoing changes within Ukrainian society and the rapid evolution of administrative law have given rise to new legal avenues for individual engagement and interaction with public authorities. Effective regulation of public relations between government entities, individuals, and civil society organizations is a vital characteristic of a rule-of-law state.
Currently, the effectiveness of citizens’ exercise of this constitutional right is measured not only by their ability to vote in elections, participate in referendums, or hold public office but also by their capacity to contribute to decision-making by public authorities. One such legal instrument facilitating this participation is public consultation, which is becoming a crucial component in fostering collaboration between government and civil society on matters of societal and state development.
The recently enacted Law of Ukraine “On Public Consultations” introduces, for the first time, a formal definition of public consultation at the regulatory level. It establishes principles for their implementation, identifies participants eligible for involvement, sets forth procedural guidelines, and outlines mechanisms for reporting and monitoring outcomes. These provisions ensure that public consultation serves as an effective tool for involving the public in policy development and for facilitating participation in the formulation of regulatory and legislative acts, rather than merely functioning as a formal process.
The enactment of this law, which provides an additional mechanism for public involvement, aligns with a broader European trend toward expanding public participation in decision-making processes at both local and central levels. Nonetheless, this legislation also contains several shortcomings that may hinder the practical implementation of some of its provisions and limit the extent of civil society’s influence on governmental decision-making. The aim of this article is to examine the Law of Ukraine “On Public Consultations” and assess its implications for the evolving relationship between the State and civil society.
Social dialogue bodies and their role in ensuring social rights
Authors: Lasko I. M. , Synchuk S. M.
Published: February 2025

The article examines the legal status of social dialogue bodies, whose primary function is to resolve social conflicts and ensure social stability. It is noted that the proclamation of our state as a social and legal one necessitates the establishment of legal mechanisms to guarantee the protection of human social rights. The study emphasises that social dialogue, which fundamentally involves identifying and reconciling positions, reaching mutual agreements, and adopting consensual decisions by the parties involved, is the most effective means of achieving social equality and stability within society. The article underscores that the state, as the guarantor of the functionality and effectiveness of social dialogue, provides for the establishment of relevant bodies endowed with specific powers. These bodies include the National Tripartite Social and Economic Council, territorial tripartite social and economic councils, sectoral (or inter-sectoral) tripartite or bilateral social and economic councils, and other tripartite social dialogue entities such as committees and commissions. It is highlighted that these bodies consist of representatives of the parties to social dialogue and are designed to respond promptly to social challenges. Special attention is devoted to the National Tripartite Social and Economic Council, a permanent body established by the President of Ukraine to facilitate social dialogue. The study provides a detailed analysis of the legal nature of the decisions made by social dialogue bodies. It is noted that the legislature has obligated state authorities to consider the decisions adopted by the council but has not established a legal duty for them to seek recommendations, proposals, or agreed decisions from the National Tripartite Social and Economic Council on matters within its competence. It is emphasised that the advisory nature of the decisions made by social dialogue bodies negatively affects the effectiveness of social dialogue. It is proposed that legislation should establish the binding nature of the decisions of the National Tripartite Social and Economic Council, allowing deviations from these decisions only when properly justified.
Ensuring the prosecutor’s implementation of the principle of legality in the preparation of an indictment
Authors: Kolot N. M.
Published: February 2025

The article analyzes such a form of completion of the pre-trial investigation as sending an indictment to court. It is established that the prosecutor plays a significant role in ensuring the principles of legality at all stages of criminal proceedings, and it is he who is the guarantor of the legality of the decisions of the investigator and the coroner at the pre-trial investigation stage, and also ensures the implementation of legality by making decisions independently, including the decision to send an indictment. It is stated that the preparation of an indictment is a very crucial moment for the prosecutor, after it is sent to court, since from that moment on the prosecutor has the opportunity to operate only with the evidence collected. The author emphasizes that in case of an incorrect assessment of the sufficiency of evidence and failure to ensure the principle of legality when drawing up an indictment, it is the prosecutor who will be forced to answer during the preparatory proceedings for the shortcomings made by the investigator or the detective. It is stated that when drawing up an indictment by an investigator or a coroner, the prosecutor is obliged to fully examine the evidence collected, assess its sufficiency and ensure its provision. It is concluded that the return of an indictment by a court during the preparatory proceedings raises a number of issues which are controversial in practice and in theoretical research. It is noted that the return of an indictment may be associated only with the correction of technical formal errors of the document itself, but not with the purpose of correcting the shortcomings of the pre-trial investigation, and finalizing the evidence base by the prosecution. That is why the possibility of returning to the institution of additional investigation is being considered, which significantly undermines the fairness of criminal proceedings in general. The author proposes to amend the criminal procedure legislation with regard to: exclusion from the list of decisions in the preparatory court hearing of the possibility to return an indictment if it does not meet the requirements; the need to determine the procedure for returning an indictment within the preparatory court hearing; the need to establish a time limit for correcting formal errors; and the definition of grounds for the prosecutor’s failure to submit a corrected indictment within the time limit after its return by the court as a ground for closing criminal proceedings.
Pre-trial investigation of military crimes in Ukraine: standards, risks for a special life and health
Authors: Osypenko I. P. , Labenok A. O.
Published: February 2025

Pre-trial investigation of war crimes is one of the most important stages in ensuring justice and compliance with international human rights standards. In Ukraine, this area has acquired particular importance due to prolonged hostilities and numerous violations of international humanitarian law. War crimes committed during the war have a significant impact on the lives of civilians, destroy social order and create challenges for the legal system of the state. The article examines in detail the main standards of pre-trial investigation of war crimes, which ensure objectivity, independence, transparency and efficiency of the process. Particular emphasis is placed on the importance of respecting the rights of all participants in the process – victims, witnesses, suspects and accused – in accordance with Ukraine’s international obligations. Special attention is paid to the risks that arise for the personal life and health of participants in the pre-trial investigation, in particular investigators, prosecutors, experts and witnesses. Physical threats, such as direct acts of violence or intimidation, are a serious challenge to the effectiveness of law enforcement agencies. Psychological stress associated with working with traumatic materials and public pressure can lead to professional burnout. Information attacks and cyber threats aimed at discrediting participants in the process or violating the integrity of evidence pose an additional danger. The need to implement specialized protection programs is noted, including physical protection, ensuring data confidentiality, legal support and psychological assistance. An analysis of the current practice of investigating war crimes in Ukraine demonstrates both achievements and gaps. Ukrainian law enforcement agencies actively cooperate with international partners, such as the International Criminal Court, which allows borrowing best practices and improving procedures. However, the lack of a clear regulatory framework and insufficient technical equipment of investigative bodies complicate the process. In particular, mechanisms for collecting, preserving and verifying evidence, as well as the integration of modern technologies for their processing, require improvement. Based on the analysis, recommendations are proposed to improve the efficiency of pre-trial investigations of war crimes.
The concept of admissibility of evidence in criminal proceedings
Authors: Melnychuk Y. L.
Published: February 2025

Based on the analysis of current legislation and available scientific sources, the article clarifies the concept and content of admissibility of evidence in the criminal procedure of Ukraine. It is established that the admissibility of evidence can be interpreted as: a requirement of law; a procedural form; an institution of criminal procedural law; a conclusion regarding a particular piece of evidence after appropriate evaluation; a characteristic (property) of evidence. Admissibility characterizes the possibility of using factual data about the crime committed for evidence. Violation of the procedural form of obtaining evidence does not allow using it for proof, since the use of evidence obtained in accordance with the requirements of law in the process of proof is not only a guarantee of an objective examination of criminal proceedings and making the right decision thereon, but also a guarantee of observance of the rights and legitimate interests of representatives of all parties to criminal proceedings during the collection of evidence.
The author proves that admissibility is one of the key characteristics (properties) of evidence. Each of these properties should be considered as an independent construction with its own internal structure and functional integrity. The main difference between admissibility and other properties of evidence is that admissibility is based not only on the provisions of the Criminal Procedure Code of Ukraine, but also on the provisions of the Constitution of Ukraine. It is determined that, based on the provisions of the CPC of Ukraine and the Constitution of Ukraine, evidence is considered admissible if: it is obtained by a party to criminal proceedings authorized to conduct procedural actions; it is obtained from a proper source of information about the facts; it is obtained as a result of conducting only the procedural actions specified in the law; the procedural form of conducting procedural actions and consolidating their results is observed; and human rights, freedoms and legitimate interests are ensured.
Based on the analysis, the author proposes to: 1) to restate Article 86 of the CPC of Ukraine «Admissibility of Evidence» in a new wording; 2) to supplement Article 84 of the CPC of Ukraine «Evidence» with a third part.
Features of qualification of fraud related to the use of cryptoassets
Authors: Mamka H. M. , Nehanov V. V. , Kryzhevskyi A. V.
Published: February 2025

Manuscript presents the genesis regarding the grounds for criminal liability for fraud: Art. 190 of the Criminal Code of Ukraine. The features of the qualification contained, in particular, in the fourth part of the article regarding illegal operations with using electronic computing equipment and the fifth part of the article regarding fraud committed by an organized group. It is emphasized that the national legislation does not have a clear definition of the concept of «electronic and computing equipment» and it is noted that the legislator’s use of this term in the text of the article does not fully comply with the principle of legal certainty.
The criminal-legal features of fraud associated with the use of cryptoassets through illegal operations using electronic computing equipment and fraud associated with the use of cryptoassets committed by an organized group are determined.
A typical organization of the crime is described with a detailed distribution of the roles of accomplices in fraud associated with the use of cryptoassets. Additional features of an organized criminal group that commits fraud associated with the use of cryptoassets are outlined, in particular, the duration of the criminal group’s activities; the presence of specialization in the activities of the criminal group; the presence of a leader with authority; the distribution of functional responsibilities among the members of the group; the self-serving orientation of the group’s criminal activities; the creation of a system of protection against exposure. Examples of such actions contained in the decisions of Ukrainian courts are given.
The most common type of fraud involving the use of crypto assets in Ukraine in 2024 was fraud committed using international cryptocurrency exchanges (for example, Binance).
The history of the formation and development of presentation for identification as a method of obtaining evidence in criminal proceedings
Authors: Nyrka Ye. O.
Published: February 2025

The scientific article examines the process of formation and transformation of the institution of presentation for identification in criminal proceedings, its place among investigative (detective) actions. It is emphasized that in the historical aspect, presentation for identification was inextricably linked with interrogation. In particular, it is noted that initially presentation for identification was considered as an integral part of interrogation, but over time it was realized that this procedure goes beyond its limits and should be considered as a separate investigative action. The basis for this was the establishment that the essence of identification consists in identifying a certain object by an imaginary image that was formed in a person’s memory in connection with the event under investigation. Thus, presentation for identification was formed as a type of investigative (search) action aimed at the direct use in proving images in the memory of a person who perceived the event of a criminal offense and individual objects. Its purpose is to establish that the object discovered during the investigation (person, thing, corpse) is the same one that was involved in the mechanism of committing a criminal offense, which is direct evidence in criminal proceedings.
It is noted that the current CPC of Ukraine contains norms that regulate the presentation for identification of individual objects: a person (Article 228); things (Article 229); a corpse (Article 230). However, the norms of Articles 228-231 of the CPC of Ukraine contain mandatory requirements for preparation for conducting this investigative (search) action in different terms. In particular, they differ depending on the object of identification. In addition, one of the problematic issues that requires scientific research is the question of the correlation of the procedural procedure of presentation for identification with the tactical features of conducting this investigative (detective) action.
Based on the historical analysis, a definition of the concept of presentation for identification is provided as an investigative (detective) action, which consists in identifying the presented object (person, thing, corpse) by an imaginary image preserved in the memory of a certain person.
Peculiarities of investigation of criminal proceedings on the facts of misappropriation, embezzlement or seizure of property by abuse of office in the field of construction of institutions for children
Authors: Chernenok M. P.
Published: February 2025

This article examines the main components of the criminalistics characterization of criminal offenses of misappropriation, embezzlement or seizure of property by abuse of office in the field of construction of institutions for children, which include: the method of committing the theft of material assets and funds; data on the main circumstances of the criminal offense (time, setting, place, circumstances); 3) information about the identity of the offender; 4) information about the subject of the criminal offense. Considerable attention is paid to the characterization of the most common methods of committing criminal offenses of this category, which include embezzlement of various types committed by officials.
The author focuses on the court practice of consideration of criminal proceedings of this category by the courts of first instance, which allowed to determine the most common ways of committing misappropriation, embezzlement of property, and seizure of property by abuse of office in relation to the construction of educational, healthcare, social protection and other institutions in the field of child protection.
Based on the analysis of case law, the author identifies the most common types of embezzlement of other people’s property in the construction sector: misappropriation of funds allocated for construction by an official through abuse of his/her official position; misappropriation of funds allocated for construction or purchase of construction materials through abuse of official position; embezzlement of funds allocated for construction through abuse of official position.
The author concludes that all elements of the forensic characterization of crimes in the field of construction are extremely important in the context of combating the criminal offenses under study. They must be taken into account when investigating all categories of crimes in the construction sector, since the construction industry is extremely multifaceted and contains complex interrelated processes of financial, material and documentary circulation, each of which is characterized by its own specific features, patterns and gaps in legislative support.
Recovery of assets of sanctioned persons into state revenue: legal nature of the dispute on the right
Authors: Kotsiubko I. V.
Published: February 2025

The article examines the legal nature of a dispute on recovery of assets of sanctioned persons into the State’s revenue, which is within the jurisdiction of the High Anti-Corruption Court, through the prism of clarifying the legal nature of the interests arising in the course of consideration of this category of cases. The author establishes that the ongoing legal regime of martial law creates new challenges for Ukraine which require the use of exceptional measures which may lead to restriction of certain rights of individuals, while at the same time contributing to national security, defence of the country and protection of its national interests, one of which is the application by the High Anti-Corruption Court of a sanction in the form of recovery of assets of sanctioned persons into the State’s revenue.
The author notes that there is no conceptual justification for the judicial jurisdiction chosen by the legislator to resolve this category of cases, as well as for the type of proceedings, despite the fact that this category of cases is related to deprivation of ownership of assets.
The author highlights the doctrinal provisions and case law regarding the essential features of public law and private law disputes. It is proved that the recovery of assets of sanctioned persons into the State’s revenue has the general characteristics of a public-law dispute of a mixed private-public legal nature, as well as special features inherent only in this category of cases, which requires special attention to the judicial verification of the legitimate purpose of such a sanction and compliance with the principle of proportionality aimed at ensuring a reasonable balance of private and public interests in legal regulation, and a reasonable ratio between the purpose of influence by the State through its officials and the purpose of the sanction.
The author argues that it is expedient to enshrine at the legislative level the possibility of applying this type of sanction not only during the martial law regime, which necessitates the expansion of the grounds for termination of property rights at the legislative level. The author offers her own definition of the legal institute of ‘recovery of assets for the benefit of the State of sanctioned persons’. Prospects for further scientific research in the field of the issues under study are identified.
Concept and Features of Control over the Activities of Bar Self-Governance Bodies
Authors: Liutikov P. S.
Published: February 2025

The article notes that control over the activities of bar self-governance bodies is critically important for ensuring the proper functioning of justice and the protection of citizens’ rights. With the increase in complaints about the improper actions of lawyers and bar self-governance bodies, the issue of their control is becoming increasingly relevant. The lack of proper control can lead to violations of citizens’ rights, a decrease in trust in the legal system, and the emergence of legal conflicts.
It is emphasized that recent legislative changes in Ukraine have aimed to improve the mechanisms of control over the activities of lawyers and bar self-governance bodies. This includes the introduction of new ethical standards, increased transparency of various qualification procedures, and enhanced accountability for professional misconduct. These initiatives were intended to ensure a high level of professionalism and responsibility among lawyers, as well as to increase public trust in the legal system. The importance of researching this topic is highlighted for analyzing the effectiveness of existing control mechanisms and identifying possible ways to improve them, which, in turn, will contribute to strengthening the rule of law in Ukraine.
In conclusion, the features of control over the activities of bar self-governance bodies are established as follows: targeted influence – ensuring compliance with and enforcement of legislation by bar self-governance bodies, avoiding violations, providing organizational and practical support; object of control: activities of bar self-governance bodies; nature of control – both internal and external, carried out by the bar self-governance bodies themselves on a self-regulatory basis and by specially authorized state control entities; specificity of goals, functions, and tasks; peculiarities in the forms and methods of control activities.
Openness of the judiciary and legal boundaries of public participation
Authors: Mazovita A. B.
Published: February 2025

The judicial branch of government is fundamentally distinct from the executive and legislative branches. Legal norms governing judicial proceedings strictly limit external influence on the courts’ decision-making process. Courts operate independently from other state bodies, are shielded from external interference, and function within a framework meticulously regulated by law. However, in practice, it is challenging to confine judicial proceedings entirely to a professional legal framework or eliminate all potential social influences on the process.
The quality of a judiciary is a crucial indicator of the level of democracy within a state. Only a democratic state can establish the necessary conditions to build a self-governing and socially responsible judiciary that enables active public participation in the administration of justice. Such a state must ensure equal and unrestricted access to justice, maintain order in judicial proceedings, and guarantee that every participant can exercise their legal rights.
A democratic society thrives on shared responsibility for the effective functioning of the state. By engaging in public governance processes, citizens contribute to the strengthening of democratic institutions, the protection of human rights, and the promotion of collective well-being. This article examines key legal and ethical aspects of the relationship between the judiciary and the public in democratic states. Particular emphasis is placed on analyzing the limitations imposed by the state to balance transparency with the protection of participants’ rights during judicial proceedings.
Public participation must adhere to order and defined boundaries. This principle is embraced by most modern democratic states, where laws outline not only the rights but also the obligations of citizens observing court proceedings. By doing so, these laws establish a legal framework that regulates public involvement in the judiciary’s functioning. This article offers an original classification of the legal boundaries for public participation in the judiciary.