bluuebunny/crossref_metadata_2025 huggingface dataset:
Investigating judge as a guarantor of the principle of adversarialism at the stage of pre-trial investigation: analysis of international experience
Authors: Nalutsyshyn V.V. , Nalutsyshyn V.V.
Published: October 2024

The article examines the problems associated with a possible change in the institution of judicial control in criminal pre-trial proceedings. It is stated that judicial control can be more effective if its efforts are focused on decisions which are consistent with the role of the court in adversarial criminal proceedings. The focus of judicial control is not just to ensure the legality of actions of the inquiry and investigative bodies, but also to guarantee the equality of the prosecution and defence parties during pre-trial proceedings.
The author conducts a comparative legal study of foreign criminal procedure legislation, where in recent decades there have been significant changes in the court’s control function due to the introduction of a new participant to the criminal process - an investigating judge.
The article analyses the approaches of foreign legislators to the essence and role of the institute of investigating judge in criminal proceedings, disclosure of powers and functions of an investigating judge, and also the procedure for acquiring the status of an investigating judge. It is determined that in France, an investigating judge performs investigative and judicial functions, and a judge for the control of liberties and detention performs judicial control functions. Currently, in Belgium, investigating judges are essentially pre-trial investigation bodies, but attached to courts of first instance. In Spain, the investigating judge exercises judicial control over measures of procedural coercion, considers complaints against decisions and actions of pre-trial proceedings. In Germany, the so-called ‘district judge’ actually exercises the powers of an investigating judge as an ‘inquiring judge’. They are directly involved in proving, introducing an element of competition into the process and strengthening the reliability of judicial evidence. The author concludes that this activity differs from the national model by more detailed regulation, including in the interests of the defence, with a general focus on the protection of individual rights, exclusion of accusatory bias and availability of effective guarantees for this.
Legal principles of evidence in criminal proceedings about organized groups and criminal organizations in the sphere of circulation of narcotic drugs, psychotropic substances or their analogues
Authors: Poyarkov A.Yu.
Published: October 2024

Today, Ukraine faces many national threats, such as war, globalization, pandemics, extremism and terrorism, environmental disasters, and crime. One of the most serious problems is the illegal circulation of narcotic drugs and psychotropic substances. Modern trends in the field of crime related to drugs and psychotropic substances indicate that it is taking new forms and can lead to the creation of criminal groups even at the level of pseudo-states. In these conditions, there is a need to rethink the problem of ensuring national security, which involves minimizing the influence of organized groups and criminal organizations on the drug addiction of the population and the related criminalization of social relations with the help of criminal procedural tools.
The article is devoted to issues of the legal basis of evidence in criminal proceedings about organized groups and criminal organizations in the sphere of circulation of narcotic drugs, psychotropic substances or their analogues. It has been studied that criminal procedural evidence is a practical, cognitive, legal and mental activity of the parties to criminal proceedings, which is two single inseparable processes: obtaining evidence and using this evidence to establish certain circumstances, justifying one’s position. Evidence in criminal proceedings is factual data. Pre-trial investigation in criminal proceedings about organized groups and criminal organizations in the sphere of circulation of narcotic drugs, psychotropic substances or their analogues has a specific subject of proof - narcotic drugs, psychotropic substances or their analogues. The effectiveness of the work with evidence of subjects conducting pre-trial investigation directly affects the protection of the rights, freedoms and interests of the participants in criminal proceedings, as well as the fulfillment of the tasks of criminal proceedings.
It is emphasized that in the studied category of criminal proceedings, the main sources of evidence are physical evidence and expert opinions. An important stage of the pre-trial investigation of this category of offenses is the seizure of objects of illegal circulation and their proper procedural registration in accordance with the requirements of the criminal procedural legislation of Ukraine. It is impossible to prove the fact of illegal circulation and sale of narcotic drugs, psychotropic substances or their analogues without physical evidence at the disposal of pre-trial investigation bodies.
Operational investigative support for countering crime in the defense-industrial complex of Ukraine
Authors: Sayipov R.Ch.
Published: October 2024

The defense-industrial complex is a component of the security and defense sector of Ukraine, the main task of which is the implementation of mechanisms of public-private partnership and military-technical cooperation with foreign countries for the production, supply of new and modernization of existing types of weapons, military and special equipment that meet the needs of the Armed Forces of Ukraine and other bodies of the security and defense sector, as well as to increase the export military­industrial potential of the country.
Systematization of criminal offenses committed in the defense-industrial complex of Ukraine was carried out, divided into: self-interested encroachments on property (Articles 185, 191 of the Criminal Code of Ukraine) and abuse of office (Articles 364, 364-1, 365-2, 366, 367 , 368, 369-2 of the Criminal Code of Ukraine); economic and criminal sabotage that undermines the economic security and defense capability of the country (Articles 330 and 333 of the Criminal Code of Ukraine) - uncontrolled movement across the state border of Ukraine of information and products of defense importance that are state secrets or subject to special export control; the defense-industrial complex, as an object of destructive influence by hostile foreign policy agents, can become the cause of crimes against the interests of the state and national security, such as disclosure of state secrets (Article 328 of the Criminal Code of Ukraine), espionage (Article 114 of the Criminal Code of Ukraine), treason (Article 111 of the Criminal Code of Ukraine) and sabotage (Article 113 of the Criminal Code of Ukraine).
The conducted analysis of the criminal situation in the defense-industrial sphere proved the need for the implementation of a complex, systematic criminal-obstructive influence, including an operational­investigative one. Professional concealment of criminal actions by the participants through the use of a network of non-state economic entities and corruption connections is characteristic of such a military­industrial sector. Latency of tinted embezzlement schemes, carried out with the participation of illegally operating business entities, determines the priority of the work of operational units in identifying and documenting signs of criminal offenses in this area.
Violation of the rules of subject matter jurisdiction in criminal proceedings
Authors: Snigur M.
Published: October 2024

It is indicated that the problem of determining and changing the jurisdiction of a specific body of pre-trial investigation has always been relevant among Ukrainian procedural scientists and practical workers. In recent years, this topic has become extremely important, because the number of bodies authorized to conduct pre-trial investigations has increased in Ukraine.
The author analyses the approaches of various procedural scholars to the definition of the category of «subject matter jurisdiction». The author notes that jurisdiction makes it possible to distribute criminal proceedings both between separate pre-trial investigation bodies and between separate units within one pre-trial investigation body. The jurisdiction of criminal proceedings is only one of the elements of competence which determines the subject matter of jurisdiction of a particular pre-trial investigation body. The relevance of the study of the investigative jurisdiction of criminal proceedings is due to the fact that in the science of criminal procedure there are numerous differences in approaches to understanding the essence of this legal category in general and ways to solve certain problems of delimitation of the competence of pre-trial investigation bodies in particular. The problems existing in law enforcement practice in determining the jurisdiction of criminal proceedings can hardly be explained solely by subjective factors, namely, by the misapplication of criminal procedure legislation by individual officials. The author focuses on the rulings of the Criminal Court of Cassation of the Supreme Court, which set out clear criteria for recognising a pre-trial investigation as effective. In addition, the author summarises the approaches proposed by scholars to the application of the provisions of the criminal procedure law regulating the institute of jurisdiction over criminal proceedings. The author examines the main components of the legal institute of criminal proceedings’ jurisdiction, their features and properties. It is also necessary to introduce restrictions on challenging the jurisdiction of criminal proceedings by participants to criminal proceedings, since this contradicts the general principles of criminal proceedings.
Secret cooperation during investigation of corruption crimes
Authors: Vovchok R.Yu.
Published: October 2024

The article based on the analysis of scientific sources, outlines the features of the use of secret cooperation during the implementation of secret investigative (research) actions in criminal proceedings regarding corruption crimes.
It has been established that this tool significantly increases the effectiveness of undercover investigative (search) actions, and the evidence obtained during the implementation of undercover investigative (search) actions in criminal proceedings of the specified category is often of key importance.
It was determined that covert cooperation is usually used during the implementation of covert investigative (search) actions typical for the investigated category, in particular, a special investigative experiment (which is often carried out in combination with audio, video monitoring of a person or audio, video monitoring of a place); examination of publicly inaccessible places, housing or other property of a person; observation of a person, thing or place.
It is emphasized that another form of confidential cooperation provided for in Art. 275 of the Criminal Procedure Code of Ukraine, namely, obtaining (and using) information from such persons, is appropriate for use not only during the conduct of all secret investigative (search) actions, without exception, but also during the conduct of other procedural actions within the framework of a pre-trial investigation.
Attention is focused on certain problematic aspects of the use of secret cooperation during pre-trial investigation of corruption crimes, in particular, such as the need for clear legislative regulation of the involvement of so-called «other persons» in the conduct of secret investigative (research) actions; inadmissibility of disclosure of information about persons who carry out confidential cooperation; lack of a unified approach to using of the terms «unspoken cooperation» and «confidential cooperation», which is caused in particular by defects in the legislative regulation of this type of activity of law enforcement agencies.
The role of the commercial court judge in executive proceedings
Authors: Balyuk I.A. , Namiasenko O.K. , Shatalova L.M.
Published: October 2024

The article is devoted to clarifying the place and role of the commercial court’s judge in executive proceedings during the execution of the executive document issued by this judge. The circle of persons participating in executive proceedings is outlined. Attention has been drawn to the classification of these persons based on their interest in the purpose of the executive process. In the absence of a direct indication in the law regarding a judge as a participant in executive proceedings, it is emphasized that the judge of economic proceedings belongs to this circle of persons, based on the analysis of the norms of the current legislation. The level of legal support for the participation of a judge of the commercial court in executive proceedings is highlighted, including the attention which is paid to the correlation of norms of the commercial process on the specified issue.
The cases where the parties to enforcement proceedings can appeal to the judge of the commercial court, the legal regulation of the possibilities and obligations of state and private executors to appeal to the judge of the commercial court in connection with the execution of his executive document are considered and classified.
Issues that are decided by the judge of the commercial court in the executive process are highlighted. Only the parties to enforcement proceedings can address certain issues to the court, others - only executors (public and private), some issues can be addressed to the court by both parties and executors. The forms of appeals of the participants in the process, which are complaints, statements, submissions, as well as the form of the reaction of the judge of the commercial court, were considered. All issues in the process of execution of a court decision are resolved by the judge through the issuance of resolutions.
Court decisions, which the law recognizes as executive court documents, that can be executed in executive proceedings, are classified. Such can be both actual court decisions and acts of a judge, as well as decisions of other bodies, for the execution of which, in accordance with the law, the judge issues an act, which is an executive document. The concept of the stage of “execution of a court decision” in economic proceedings and “executive proceedings” as a process of enforcement of a decision of a judge of a commercial court is distinguished.
Legal ensurement of guarantees of advocatory activity in Ukraine
Authors: Zaiats O.S.
Published: October 2024

The institution of advocacy in any democratic society is called to play an important role in ensuring principles of the legality and the supremacy of law. The importance of this has been confirmed by the constitutional prescription of the Art. 131-2 of the Constitution of Ukraine, according to which the advocacy operates in Ukraine to provide professional legal assistance. At the same time, only an advocate has the right to represents another person in court, as well as defense against criminal charges, with the exception of certain cases. The relevance of the study of the guarantees of advocatory activity in Ukraine has been determined by the existing problems of their violation. In particular, there is a need both to solve the existing practical aspects and to take into account the prospects of regulating the specified relations in the conditions of European integration, including in the future post-war period. At the same time, it is important to develop ways to ensure compliance with the guarantees of advocatory activity in Ukraine on the basis of taking into account the experience of the countries of the European Union and the best global standards.
The peculiarity of the Ukrainian advocacy is that in the society it plays the role of a non-state self-governing institution, which takes care of ensuring the protection of the professional rights of advocates, compliance with guarantees and the proper implementation of legal activities, ensuring a high professional level of advocates and resolving issues of their disciplinary responsibility. Advocatory activity is impossible without the adequate guarantees of legal independence. The actual identification of advocates with their clients, attempts to hinder the practice of law by means of groundless appeals to bring advocates to various types of liability, etc., are extremely common violations of the guarantees of advocatory practice as of today.
The existence of an independent institute of advocacy has a positive meaning for the state as well, because it balances forces, a clear system of checks and balances appears, which minimizes the possibility of various types of abuse. At the same time, the real guarantee of compliance with the guarantees of advocatory activity will be not only their consolidation in a declarative order, but effective enforcement of compliance, including by applying to guilty persons the measures of legal responsibility defined by law.
Customary international law and OSCE documents: the potential for mutual influence
Authors: Ahmadov E.M.
Published: October 2024

Despite the fact that theoretical concepts about the nature, essence, and significance of customary norms, and their place among the sources of international law, are well studied in academic circles, there are still very few scientific works dedicated to specific issues concerning customary norms. Today, there is growing distrust of customary norms, especially in countries with the Romano-Germanic legal system, and there are even doubts about the practical significance of customary norms as a source of contemporary international law. These doubts arise, in particular, from the fact that subjects of international law, when applying various legal norms in international relations, often forget about the true origin of these norms. For example, in the doctrine of international law, attention is often drawn to the “binding legal force” of non-ratified treaties because they codify customary norms of international law. This fact, at a minimum, indicates that customary norms of international law can underlie the actions of subjects of international law when it may seem to them that they are following norms from “other” sources of international law, bypassing customary norms, although, in reality, their relations are governed by customary norms of international law. Such a connection between customary norms can be established not only with non-ratified international treaties but also with political commitments established within various international organizations.
Frequent instances of violations of political commitments established within the OSCE framework increase the interest of scholars, particularly international lawyers, in studying the possible consequences of these violations by OSCE participating states. Specifically, the question arises as to whether the political commitments outlined in OSCE documents are connected to any legal obligations, as it is quite possible that some political commitments originate from customary norms and have a specific customary norm as their root. In other words, these commitments may reflect a more specialized application of a particular customary norm in relation to a specific narrow circle of international relations within the OSCE area.
The purpose of this work is, on the one hand, to analyze the customary norms of international law and identify the characteristics of their emergence and development, and on the other hand, to ascertain the essence of documents adopted on behalf of the OSCE as a whole and their influence on the development of customary international law. The results of the research lead to the conclusion that OSCE documents indeed play a significant role in the evolution of customary norms. Through more targeted and intensive research of OSCE documents, and the creation of special mechanisms within the OSCE for this purpose, we believe it will be possible to reveal not only the explicit but also the latent connection between customary norms of international law and the political commitments established in OSCE documents.
The legal differences in the regulation of national armed forces of EU States: a challenge to the formation of a common european military force?
Authors: Baran A.
Published: October 2024

It analyzes the legal differences in the regulation of national armed forces between EU member states and how these differences constitute significant obstacles to the creation of a single army of the European Union. The discussion covers historical attempts and current debates around European defense integration, highlighting the tension between national sovereignty and collective security. The article examines the role of NATO, various national interests, and the legal, political and financial challenges that prevent the creation of a cohesive EU military force. These factors contribute to further dependence on national defense structures and NATO, and not to the formation of a single European military entity.
The author concludes that the main reasons why the EU may not create a common army in the near future include: national sovereignty (each EU country has its own army and military policy. Many countries fear losing control over their national security and sovereignty by handing these issues at the EU level), different strategic interests (EU member states have different foreign policy and security interests, which complicates the formation of a unified approach to defense issues), NATO membership (most EU countries are also NATO members, already have a system of collective security, which has been functioning for decades, the creation of a separate EU army may cause duplication of functions and even disputes with NATO), financial costs (the creation and maintenance of an army at the EU level would require significant financial costs, which may be too burdensome for some countries, especially against the background of economic difficulties) , political will (creating a joint army requires a strong political will and agreement among all EU members. At the moment there is no such unity), institutional and legal challenges (implementing new institutional structures and legal frameworks for a joint army would require considerable time and effort, which also slows down the process). These factors have proven to make the creation of an EU army a complex and possibly long-term process that may never be completed.
The influence of international control mechanisms over the transfer of dual-use items on the development of national regulatory instruments in the relevant area
Authors: Benedyk Ya.S.
Published: October 2024

The article is devoted to the characteristics of key international instruments in the field of control over the transfer of dual-use goods and technologies and the specifics of their influence on the formation and development of the export control mechanism of Ukraine. Even though the foundations of international legal cooperation in the relevant field were laid by treaties in the field of non-proliferation of weapons of mass destruction (Treaty on the Non-Proliferation of Nuclear Weapons, Convention on Biological Weapons, Convention on Chemical Weapons), its regulatory core consists of acts adopted within the framework of multilateral regimes (groups) of export control (Zanger Committee, Nuclear Suppliers Group, Australian Group, Missile Technology Control Regime, Wassenaar Agreement), which, however, are not legally binding.
The simplified procedure for the adoption of regulatory instruments, which define the basic principles and establish requirements for the procedure for control over the transfer of dual-use goods and technologies, as well as determine their lists, within the limits of multilateral export groups, allows for a prompt response to the challenges faced by the international community, taking into account the dynamics of scientific and technical development and hence the emergence, among other things, of new materials, equipment, software, which can potentially be used to develop the latest types of weapons of mass destruction. At the same time, the lack of appropriate regulatory flexibility lies in the fact that the effectiveness of international cooperation in the relevant field directly depends on the conscientious observance by states of the guidelines of “soft” law acts.
Currently, Ukraine is a party to all treaties in the field of non-proliferation of weapons of mass destruction and a member of key multilateral export control groups, which directly affected the specifics of the national system of control over the international transfer of dual-use goods and technologies. The national institutional and legal mechanism generally reproduces the key principles of control over the transfer of dual-use goods and technologies reflected in relevant international treaties and acts of multilateral export control groups. At the same time, the Single List of Dual-Use Goods needs to be updated in accordance with the changes in the lists of controlled goods reflected in the guidelines of multilateral export regimes.
Violation of the prohibition of reprisal in the form of damage to the natural environment and war crime: the issue of correlation
Authors: Brynzanska O.V.
Published: October 2024

The article highlights the issue of evaluating the use of reprisal in the form of causing damage to the natural environment, the prohibition of which is established by Part 2 of Art. 55 Additional Protocol to the Geneva Conventions of August 12, 1949, relating to the Protection of Victims of International Armed Conflicts, of June 8, 1977 (AP I) as a grave breach n of AP I and as war crime.
Based on the practice of the International Tribunal for former Yugoslavia, the signs of reprisal as a violation of AP I are analyzed. For the purposes of the study, the prohibition of reprisal in the form of damage to the natural environment is considered in the context of prohibitions of reprisals in other forms. Some of them are connected with the objects which cannot be attacked without being the grave breaches of Art. 85 of AP I. Direct or indirect connection between the natural environment or its individual elements are ascertained in the article.
Also the relationship between reprisal in the form of damage to the natural environment and reprisal in the form of an attack on the civilian population as a whole and on civilians was analyzed. It is defined that the natural environment is not autonomous from the civilian population and other civilian and military objects, and therefore civilian objects are only elements of the natural environment.
It was concluded that the violation of the prohibition of damage to natural environment as reprisal constitutes a breach of AP I, which in the absence of additional signs which are defined in Art. 85 AP I will not reach the threshold of severity of a grave breach of AP I. But damage to the natural environment can constitute both a grave breach of the AP I and a war crime in the sense of this protocol and other sources of international law in combination with the actions which are specified in Art. 85 of the AP I.
Future considerations for pan-European regulation of virtual assets
Authors: Voievodina G.I.
Published: October 2024

In the ever-evolving landscape of modern finance, virtual assets have emerged as transformative elements, propelled by blockchain technology. Looking forward, the article proposes strategic considerations for effective regulation, emphasizing dynamic updates, global coordination, technology­agnostic approaches, enhanced surveillance, stakeholder education, regulatory sandboxes, collaboration with industry players, and staying abreast of technological innovation. The European regulatory framework for virtual assets represents a dynamic and evolving approach. While the MiCA Regulation and oversight by ESMA and EBA provide a foundation, collaboration between supranational and state authorities remains paramount for an effective and balanced regulatory environment. As virtual assets continue to evolve, regulators must strike the right balance between fostering innovation and ensuring market integrity and investor protection within the EU.
In the complex landscape of virtual assets, it is clear that anticipating and addressing future challenges is essential for effective pan-European regulation. The dynamic nature of blockchain technology and its applications requires regulators to take a progressive approach. In the pursuit of a sustainable regulatory framework, certain considerations arise that shape the future trajectory of virtual asset regulation.
As virtual assets continue to evolve, regulators must remain vigilant, fostering innovation while safeguarding against risks. Regulatory frameworks must be agile, globally coordinated, and adaptable to technological advancements to strike the right balance between fostering innovation and ensuring market integrity and investor protection. The collaboration between supranational and state authorities is paramount to achieving a balanced and effective regulatory environment that promotes the responsible and secure use of virtual assets within the European Union.
The European System of Supranational and State Authorities Regulating the Circulation of Virtual Assets
Authors: Voievodina G.I.
Published: October 2024

In the ever-evolving landscape of modern finance, virtual assets have emerged as transformative elements, propelled by blockchain technology. This article delves into the European system of regulation governing virtual assets, exploring the roles played by both supranational and state authorities in fostering innovation and mitigating risks. The European Union (EU) has responded to the challenges posed by virtual assets through a harmonized regulatory framework, with directives and regulations shaping its approach. The EU’s regulatory landscape is characterized by the proactive stance of the European Commission, which introduced the Fifth Anti-Money Laundering Directive (AMLD5) and the Digital Finance Package, encompassing proposals like the Digital Operational Resilience Act (DORA) and the Markets in Crypto-Assets (MiCA) regulation. These initiatives aim to provide comprehensive regulation for crypto-assets, enhance transparency, and ensure operational resilience within the financial sector. Supranational entities like the European Banking Authority (EBA) and the European Securities and Markets Authority (ESMA) contribute by offering guidelines and overseeing compliance. The EBA, in particular, emphasizes the risks associated with virtual currencies, urging consumers to remain vigilant. ESMA’s role extends to supervising the application of MiCA across member states, ensuring a consistent interpretation of regulations. National authorities retain autonomy in implementing EU directives, transposing them into national law to address local circumstances. Financial Intelligence Units (FIUs) and prudential supervisory bodies collaborate to combat money laundering, terrorist financing, and oversee financial institutions involved in virtual asset activities. Challenges persist, including technological complexity, cross-border transactions, and regulatory fragmentation.
On the concept of acquittal in the criminal procedure of Ukraine
Authors: Havenko S.B.
Published: October 2024

The objective of criminal proceedings is to protect individuals, society, and the State from criminal offences, to safeguard the rights, freedoms, and legitimate interests of participants in criminal proceedings, and to ensure a prompt, comprehensive, and impartial investigation and trial. This ensures that every person who has committed a criminal offence is held accountable to the extent of their guilt, that no innocent person is accused or convicted, that no individual is subjected to unreasonable procedural coercion, and that each participant in criminal proceedings is treated with due diligence and fairness.
In the context of this research, the legislative provision stipulating that «no innocent person shall be accused or convicted» holds particular significance. This provision mandates that, in any instance where a person’s innocence is established during a pre-trial investigation or court proceedings, due process of law must be observed, culminating in either the closure of criminal proceedings on rehabilitative grounds or an acquittal.
The purpose of this article is to analyze the national legislation and doctrinal provisions of criminal procedure law concerning the concept of «acquittal» in criminal proceedings.
Neither the current Criminal Procedural Code (CPC) of Ukraine nor any other legal act provides a definition of the concept of «acquittal». However, an analysis of the provisions of the CPC of Ukraine suggests that the legislator conceives of acquittal as (1) the result of the court’s determination of a person’s innocence, and (2) the formal recognition of that innocence in a court decision - an acquittal. Thus, «acquittal», in the legislative sense, is inextricably linked to a court’s acquittal decision and can only be rendered by a court.
This article also examines various scholarly approaches to the understanding of «acquittal» in criminal proceedings.
Based on the analysis of legislation and scholarly sources, the author formulates a definition of «acquittal» and posits that acquittal should be understood in a broader context, rather than being equated exclusively with a court’s acquittal decision. Since a person’s innocence can be established not only through an acquittal but also through other so-called «acquittal decisions», such as a decision to terminate criminal proceedings on rehabilitative grounds during the pre-trial investigation stage.
Legal status of the high representative of the European Union for foreign affairs and security policy
Authors: Kononchuk I.M.
Published: October 2024

The article examines the legal status of the high representative of the European Union for foreign affairs and security policy. It has been discovered that the High Representative of the EU for foreign affairs and security policy is appointed by the European Council by a qualified majority of votes in agreement with the President of the European Commission and with the consent of the European Parliament. The High Representative is responsible to the European Commission, the Council of the EU and the European Parliament. The European Parliament can announce a vote of no confidence in the European Commission, which will result in the resignation of the EU High Representative for Foreign Affairs and Security Policy, who will at the same time retain his position in the Council of the EU until the appointment of a new member of the European Commission.
The High Representative of the EU heads the Council of Foreign Affairs and contributes with his proposals to the preparation of a common foreign and security policy and ensures the implementation of decisions approved by the European Council and the Council of the EU. The High Representative of the EU for Foreign Affairs and Security Policy is one of the deputy heads of the European Commission. The main task of the High Representative in this position is to ensure the coherence and consistency of the external activities of the European Union. The high representative of the EU for foreign affairs and security policy is assisted by the European External Action Service in the exercise of his powers.
It was determined that the High Representative of the European Union for Foreign Affairs and Security Policy performs the following tasks: participation in the work of the European Council; conducting and implementation of common foreign policy and security policy; the role of the Deputy Chairman of the European Commission; management of the EEAS, including EU representations; mediation; a request to the Committee on Policy and Security to obtain an opinion from the common foreign policy and security policy; the right to develop the CSDP project (perhaps jointly with the European Commission); coordination of civil and military aspects; management of the mission assigned by the Council of the EU to a group of member states; cooperation on the implementation of structural cooperation
Extraordinary parliamentary elections in Ukraine during martial law
Authors: Monastyrskyi M.V.
Published: October 2024

The article is devoted to the little-studied issue in Ukraine of the legislative ban on holding extraordinary, or early, elections of People’s Deputies of Ukraine during the period of the special legal regime of martial law. The subject of the research is such a type of early parliamentary elections as mid-term elections of a people’s deputy.
The urgency of the researched issue is due to the ongoing martial law regime in Ukraine and the need to hold these elections. The complexity of the investigated issue is due to the legal ban on holding any elections in Ukraine during this martial law.
A significant difference between ordinary and extraordinary parliamentary elections in the conditions of this martial law has been identified: the ban on holding ordinary parliamentary elections leaves the country with a valid parliament, and the ban on holding extraordinary parliamentary elections deprives the country of its current parliament.
In order to investigate the legality of this ban on mid-term elections of people’s deputies, the following were analyzed: firstly, the publications of Ukrainian scientists regarding these mid-term elections of people’s deputies in the conditions of this martial law; secondly, the legislative justification of the body of state management of the election process in Ukraine regarding the non-appointment and non-holding of these interim parliamentary elections during martial law, using the example of the case of December 13, 2023.
Among the main things, it was clarified: firstly, that this ban is not a norm of the Constitution of Ukraine neither for scientists nor for the state election management body; secondly, that this prohibition does not have sufficient legal force without a constitutional justification; thirdly, that this ban does not have an undeniable link of consistency with the Constitution of Ukraine: some claim that this ban corresponds to Article 64 of the Constitution of Ukraine, others claim that it does not correspond to it, but contradicts it.
It is proposed to consider as an alternative to this ban on elections during this martial law the electoral qualification of martial law - a special and temporary restriction of the circle of voters for holding these by­elections in the conditions of this war. A specific version of this qualification is proposed - the qualification of a legal entity.
Criteria for defining "armed conflict" in international humanitarian law: historical background, current challenges and legal realities
Authors: Pashynna L.
Published: October 2024

The global landscape, enshrined in a wide range of international legal agreements, envisions an era of peaceful coexistence among nations. This vision is based on fundamental legal acts, such as the Charter of the United Nations and the Statute of the International Court of Justice (dated 26.06.1945), which enshrine the principle of peaceful coexistence. In addition, the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States (24.10.1970) and the Final Act of the Conference on Security and Cooperation in Europe (01.08.1975) build on this foundation, strengthening the doctrine of peaceful interaction between states.
The United Nations Charter resonates as a clear call to nations to prioritize peace and diplomacy over confrontation. The provision that “all Members of the United Nations shall settle their international disputes by peaceful means in such a manner as not to endanger international peace, security and justice” (Article 2(3)) is not just a statement of intent; it is a guiding principle that emphasizes the value of peaceful coexistence. This principle favors dialogue over discord, cooperation over confrontation, and understanding over unilateral action.
However, the development of international relations from the mid-20th century to the beginning of the 21st century demonstrates a somewhat opposite dynamic. Despite these well-established doctrines, there have been many instances where disputes have escalated into armed conflicts. The Korean War, the Vietnam War, multiple conflicts in the Middle East, and the recent civil war in Syria are just a few examples that have left a deep mark on the structure of world relations. Such events demonstrate the unfortunate tendency of states or groups within states to resort to force or the threat of force as a means of resolving disputes.
This departure from the established norm of peaceful settlement raises a number of pressing questions and concerns, especially within the framework of international humanitarian law. How to accurately define “armed conflict”? What distinguishes an international conflict from a non-international one? When delving into this sub-topic, it is very important to distinguish between different classifications of conflicts. A thorough understanding of the criteria that distinguish, for example, between international conflicts, internal unrest, and other types of hostilities is of paramount importance. Referring to these criteria not only helps to accurately categorize conflicts, but also ensures that appropriate legal mechanisms are applied to mitigate the humanitarian consequences of such events.
The mechanism of the European Union in combating drugs as a component of ensuring public health
Authors: Syroid T.L.
Published: October 2024

The article focuses on the issue of the existing mechanism of the European Union in combating drugs as a component of ensuring public health. Attention is focused on the EU legislation aimed at criminalizing illegal acts related to combating drug trafficking, in particular directives, strategic acts, etc. Attention is focused on EU measures to protect the health of people addicted to drugs, with non­criminalized measures, including: prevention, treatment and provision of care services; combating drug-related harm; psychoactive drug use disorders and mental health problems. Attention is paid to specialized agencies, bodies, structures of the EU related to the fight against drugs and the protection of the right to health. It is emphasized that EU measures correspond to the UN Sustainable Development Goals, in particular: SDG 3 - Targets 3.4, 3.5, 3.8, 3.9 (3.b), 3.9 (3.d), SDG 15 - Targets 5.1, 5.2, SDG 16 - Target 16 .b, SDG 17 - Targets 17.9, 17.16. It is noted that the EU and its member states are adopting legal, strategic and operational measures to reduce the supply and demand for drugs in Europe, and to address security and health problems related to drug trafficking and use. It was noted that the policy of the EU, as well as the policy of the international community regarding drugs, was until recently based on drug control, primarily regarding the use and possession of drugs, the criminalization of drug trafficking, etc. At the current stage of the Union’s functioning, this vector is considered from the point of view of the impact on human health and the realization of the right to the highest attainable level of health guaranteed by international standards.
It was concluded that despite the titanic efforts of all involved entities, the drug problem in the EU is not solved, there is a number of issues that require titanic efforts, which is also confirmed by the European Drug Report 2024. The existing problems encourage the unification of international efforts in combating drugs in order to preserve the health of the population of the Planet and future generations.
The natural concept of obligations
Authors: Popovych T.P.
Published: October 2024

The definition of the essence of the category of law for a long time remains the subject of numerous discussions. We explain this by the fact that law is a multifaceted category, which leads to the emergence and development of a significant number of approaches and concepts to its interpretation. The process of development of legal understanding continues today, taking into account the dynamic emergence of new social relations, which lead to the modification and adaptation of law to new conditions. However, in the process of the evolution of law, two fundamental concepts of legal understanding emerged, namely, positivist and natural-law. Undoubtedly, each of the above-mentioned concepts contains a number of separate currents and directions, however, in general, in their unity, they contain the most general patterns of consideration of the law from a specifically defined position, therefore, they are taken as a basis in the context of the study of legal understanding. The main position of the positivist school of legal understanding is that law is exclusively the result of state activity, and its sources are the will of the state expressed in laws. The opposite position is taken by the natural law school, defining law as a concept that means a set of principles, rules and values dictated by human nature itself and therefore independent of their legal recognition or non-recognition in a specific state. That is, in this case, the source of law is the objective laws of nature, a certain level of evolution of society as a whole and the individual in particular. Natural law is based on the principle of justice, through the prism of which the effectiveness and expediency of certain norms of positive law are determined. It is the natural-legal concept of legal understanding that contributes to the justification of law as a measure of justice, as a social ideal, the norms of which the majority of citizens seek to adhere to not out of fear of punishment, but out of respect and trust based on the rule of law. However, analyzing current scientific research on the topic of the natural concept of law, it is clear that more attention is focused on natural human rights than on natural duties. In our opinion, this state of affairs is to some extent misleading, establishing the opinion of the existence of only natural rights without any obligations. The objective laws of nature are the source of both freedom and the corresponding duties of man. In this way, there is a unity of natural rights and duties of a person - natural duties correspond to natural rights. Therefore, for the development of the naturalistic concept of human rights, more attention should be paid to the natural duties of a person, because even J. Locke claimed that there is a “law of nature” that gives a person freedom and imposes duties on him.