bluuebunny/crossref_metadata_2025 huggingface dataset:
Legal mechanism for preventing deviant behavior of minors
Authors: Harasymiw T. Z.
Published: February 2025

The article describes the legal mechanism for preventing deviant behavior of minors, in particular, the relationship between social deprivation and deviant behavior in minors is analyzed, the content, forms and methods of legal work with socially deprived minors are revealed. Two types of deviant behavior are distinguished: external and internal, which differ in their goals. External deviant behavior of a minor is aimed at violating legal norms and social principles, which is dangerous not only for him, but also for society. Internal deviant behavior of a minor is aimed at disintegration and self-destruction of his personality, such actions create only temporary, short-term pleasure, and usually hinder his future successful development.
It is noted that the main factor in the formation of deviations in minors is social deprivation - the deviation of the individual standards of a minor from the real social norms of society. Therefore, within the framework of the legal mechanism for the prevention of deviant behavior of minors, we can distinguish three main areas of work: socio-pedagogical and legal prevention, preventive assistance (psychological, legal) and correction, adaptation, rehabilitation and resocialization. The subjects of the prevention of deviant behavior of minors, which we have identified above, should actively participate in the implementation of these areas.
Based on the generalization of scientific literature and practice of the prevention of deviant behavior, such effective areas as active informing adolescents about the consequences of the use of various types of alcohol, drugs and toxic substances by connecting the media and Internet content, distributing visual aids, holding «round tables», lectures and conversations; clarification of legal norms concerning various aspects of asocial behavior by involving legal professionals and establishing their close interaction with adolescents and their parents; formation of skills for active and cultural leisure activities; provision of advisory assistance in solving problems (consultations of a lawyer, psychologist, doctor, teacher, counseling through the media); updating the trend of a healthy lifestyle; creation of conditions for self-realization of the individual in various types of creative, intellectual, and social activities.
International legal mechanisms for ensuring human rights in conditions of armed aggression
Authors: Pototskyi M. M. , Hrankina V. I.
Published: February 2025

This scientific article is devoted to the study of international legal mechanisms for ensuring human rights at the international level. In the course of the presentation of the main material, it is noted that human rights must be protected equally regardless of whether they are violated in peacetime or armed conflict. The relevance of the proposed topic is due to the need to consider international means of protecting the rights and freedoms of man and citizen, to find mechanisms for holding the aggressor state accountable. It is emphasized that during its existence, humanity has repeatedly encountered bloody military conflicts that took the lives of millions of people and inevitably entailed violations of international humanitarian law and international human rights law. It is indicated that the end of World War II marked the beginning of cooperation and a certain unity of states in understanding the value of human rights and their protection. The expansion of such international legal cooperation resulted in the emergence of international organizations and mechanisms for protecting human rights. It is noted that as soon as the primacy of human rights values was formulated in the UN Charter, this international organization became the basis for observing human rights at the international level. It is determined that despite a significant number of international treaties, in today’s realities, these norms do not protect the rights of civilians and military personnel during war. Attention is focused on three instances that, in response to the appeal of qualified international lawyers, are able to fairly respond to violations of the rights and interests of our state and its citizens: the European Court of Human Rights, the International Court of Justice, the International Criminal Court. It is noted that collecting evidence, investigating and considering cases in all international judicial instances is a very laborious and lengthy process, but this is the only way to punish the criminal country for what has been done. Our state has a clearly developed strategy and mechanisms for protecting its rights and interests in the international arena. It is summarized that today there is a need to unite the forces and means of all institutions of power and society to ensure unconditional compliance with the rule of law and counteract arbitrary violations of human rights and freedoms.
Analysis of legislative novelties concerning other measures of criminal law applicable to legal entities
Authors: Zabuga Y. Y.
Published: February 2025

The article is devoted to the analysis of novelties of the criminal legislation of Ukraine, which concern measures of a criminal nature applied to legal entities. The subject of the study was the amendments to Section XIV1 of the General Part of the Criminal Code of Ukraine, introduced by the Law of Ukraine dated 04.12.2024, the purpose of the adoption of which is the fulfillment of the international obligations undertaken by our state to implement the Recommendations of the Council of the Organization for Economic Cooperation and Development on further combating bribery of foreign public officials in international business transactions, as well as improving the mechanism for applying measures of a criminal nature to legal entities in accordance with the provisions of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. This Law introduces new additional (non-financial) measures of a criminal nature into the current Criminal Code of Ukraine, which may be applied to legal entities, provides for the expansion of the grounds for their application and through the proposed amendments to Art. 963 of the Criminal Code legalizes the possibility of applying additional (non-financial) measures of a criminal nature regardless of the fact of bringing to criminal liability an individual who acted on behalf of and/or in the interests of a legal entity. It also provides for an increase in the size of such a measure of criminal nature applied to a legal entity, as a fine, the amount of which is determined by the court in cases where the legal entity did not receive an unlawful benefit or it is impossible to determine its size. A ban on paying a fine in installments for a period of up to 3 years is established in cases where measures of a criminal nature are applied to a legal entity on the basis of the provisions of Part 2 of Article 96-3 of the Criminal Code as amended by the Law of Ukraine dated 04.12.2024. The scientific novelty of the article lies in the fact that it is one of the first attempts at a critical analysis of the provisions of Section XIV-1 of the Criminal Code of Ukraine as amended by the Law of Ukraine dated 04.12.2024 through the prism of the principles of law, as well as generally recognized approaches that are enshrined in criminal legislation.
Formal grounds of jurisdiction in administrative proceedings
Authors: Petelka V. I.
Published: February 2025

The article, based on current legislation, examines the formal grounds of jurisdiction in administrative proceedings. The object of the study is the set of administrative procedural legal relations that arise in relation to the competent court. The subject is the regularities of the emergence and development of administrative procedural legal relations regarding the jurisdiction of a legal case, which is caused by a dispute in the field of public administration. The methodology of the article is built on the basis of objectivity and systematicity of scientific analysis, which are based on general scientific and private scientific methods of cognition: dialectical, historical, formal-logical, comparative-legal, structural-systemic and other methods of scientific research. The incompleteness and inconsistency of legal norms regulating one of the conditions for the implementation of the right to judicial protection - the issue of jurisdiction, practically create obstacles to the application of legal means of implementing this right. It is noted that the effectiveness of the functioning of the judicial system depends on the constructive resolution of controversial issues of jurisdiction at the legislative level, since the algorithm for determining the competent court is directly related to the balanced distribution of the burden on the judicial authorities and the implementation of the principle of accessibility of justice. Spheres of action of the institution of jurisdiction in administrative proceedings: vector, subject, territorial. Different subject jurisdiction of cases should assume a different procedure for consideration, since an error in jurisdiction actually entails the error of the entire procedural form. The concept of civil jurisdiction is determined not only around cases assigned by law to consideration in the first instance of a particular court, but by the scope of the rights and obligations of a particular court to consider and resolve the case, as well as the obligation of the parties to submit to the activities of the court that accepted the case for its proceedings. Otherwise, its content regarding jurisdiction cannot be fully disclosed. An essential feature of jurisdiction is the delimitation of competence between courts of first instance regarding the consideration and resolution of a specific administrative case.
Criminal liability for improper performance of professional duties by a medical professional in the criminal legislation of Ukraine and certain States: a comparative legal study with due regard for international standards and practice
Authors: Kolos N. M.
Published: February 2025

The purpose of this article is to study and analyze the criminal liability of healthcare professionals based on national and foreign experience. The author analyzes the national legislation of the States in the field of regulation of criminal liability of medical professionals, and identifies the existing achievements and problems. The author analyzes the case law of the European Court of Human Rights on positive obligations of the State in cases involving the proper provision of services by healthcare professionals. Using the comparative legal method of research, the author compares the legal norms regulating the issue of liability for failure to provide or improper provision of medical care, namely, the legislation of Ukraine, Latvia, Poland, Slovenia, Romania, Croatia, Georgia, Armenia, Uzbekistan, Kyrgyzstan, Azerbaijan, Kazakhstan, France, Estonia, Germany, Spain, Canada, Japan and others. A legal analysis of possible options for the process of transferring and implementing the relevant legal provisions from foreign legislation to national legislation through legal mechanisms and methods of bringing a medical professional to criminal liability for improper performance of his/her professional duties is crucial for determining approaches to improving the legal framework of Ukraine regarding the criteria of liability of a medical professional for improper performance of his/her professional duties. It is established that due to the different structure of health care systems in each State and different concepts of legal regulation, approaches to addressing the issue of criminal liability of medical professionals for professional crimes differ primarily in that in most States, such entities are liable for causing harm to life and health of a person, while in the legislation of other States such acts are provided for in a separate chapter or section dealing directly with criminal offenses in the medical field It is determined that foreign countries widely use medical insurance against improper treatment as a guarantee mechanism for compensating patients for harm caused by medical error, which helps to protect violated rights.
Reconciliation of the guilty party with the victim as a basis for exemption from criminal liability: material and procedural aspects
Authors: Yena I. V. , Pankratova K. O.
Published: February 2025

Based on the analysis of the provisions of national legislation, the essence and features of the institution of reconciliation between the guilty and the victim as a basis for exemption from criminal liability were determined. The conditions that must be met for release are summarized, namely: a person commits a criminal offense for the first time; a person who has committed a criminal misdemeanor or a negligent non-serious crime; reconciliation between the perpetrator and the victim of a criminal offense; compensation for the losses caused by the person or elimination of the damage caused.
It has been established that reconciliation between the perpetrator and the victim should be understood as the behavior of individuals whose purpose is to resolve the criminal-legal conflict and achieve a positive result, which is established by the reconciliation agreement.
It has been determined that reconciliation between a suspect, an accused and a victim is a legal institution aimed at humanizing criminal justice, ensuring the protection of the rights of the injured party, and implementing the principle of justice.
The main characteristics of reconciliation in the procedural aspect are: voluntariness; compensation for damage caused by a criminal offense; exemption from criminal liability.
The problems that arise in the practice of applying the institution of reconciliation are outlined, including: insufficient awareness of the parties about the possibility of reconciliation, the conclusion of a reconciliation agreement and its legal consequences; insufficient motivation to correct the suspect, the accused and avoid committing criminal offenses in the future; abuse of the right to reconciliation.
In addition, the authors emphasize the need to increase the level of legal education of citizens regarding the institution of reconciliation; introduce mandatory participation of professional mediators in complex cases; clarify the legislation and establish the obligation to compensate the victim until the court approves the reconciliation agreement.
Based on the research, it was concluded that, by its nature, reconciliation between the guilty and the victim is a complex institution of criminal and criminal procedural law. For its effective application, it is necessary to improve the regulatory framework and ensure the proper implementation of procedural guarantees.
Administrative justice as an institution of guaranteeing the implementation of the principles of administrative procedures
Authors: Petelka O. I.
Published: February 2025

The article presents an analysis of the doctrinal understanding of the institutions of administrative justice and administrative procedures. The object of the study is social relations regulated by law, which arise in connection with the interaction of state authorities and local self-government, other bodies that implement public functions regarding the adoption of individual or normative acts. The subject of the research are the norms of legislation on administrative procedures, the practice of its application by administrative bodies and courts. The methodological basis of the research is determined by the object and subject, includes philosophical, general and special scientific methods: dialectical, historical, comparative-legal, formal-logical, methods of analysis and synthesis, abduction method. The main models, features and specifics of the regulation of administrative justice are considered. A study of the relationship between the concepts of administrative justice and administrative procedures, the importance of judicial control over the acts and actions of public authorities is provided. Positions of the Constitutional Court of Ukraine are presented, which contain clarification of the constitutional and legal content and the appointment of administrative procedures. Administrative procedures act as a «connecting link» between various administrative and legal phenomena: public administration, administrative acts, physical and legal entities. Administrative procedures are a means of implementing the requirements of the principles of administrative law. Being regulated by administrative legislation, administrative procedures permeate all major institutions and ensure unity and mutual coherence. It has been proven that the essence of administrative procedures, which has become more complicated in parallel with the evolution of public administration, can no longer be revealed exclusively through the prism of the rationalization of the activities of state bodies. Modern administrative procedures are not just a sequence of actions taken by officials. Legal regulation of administrative procedures should be based on human rights ideas, establishing the necessary set of guarantees of subjective rights to defend interests in interaction with public administration.
Criminal law protection of the private life in the Kingdom of Spain
Authors: Riabchynska O. P. , Stomatov E. H.
Published: February 2025

The article analyzes the state of criminal law protection of respect for private life (inviolability of private life) in the Kingdom of Spain, its basis, scope and peculiarities of criminalizing infringements on this right, as well as problematic issues arising in the doctrine and law enforcement activity. It is established that criminal law protection of private life of an individual in Spain, as well as in Ukraine, is based primarily on the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as on the provisions of the Constitution of Spain, art. 18 of which guarantees: (1) the right to honor, personal and family privacy and to one’s own image; (2) the inviolability of the home, which means that no entry or search may take place without the consent of the owner or a lawful warrant, except in cases of (flagrante delicto); (3) privacy of communications, especially postal, telegraphic and telephone communications, except in cases of a court order; (4) legal restriction of the personal data processing usage in order to guarantee the honor and personal and family privacy of citizens and the full exercise of their rights. It is this understanding of private life that both defines it as an object of criminal law protection and forms the basis of its model in criminal law. This model, unlike in Ukraine, involves a thoughtful consolidation of infringements on an individual’s private life in a single section of the Criminal Code of Spain and is characterized by a distinctive approach, at least in comparison with Ukraine, to recognizing legal entities as subjects of commitment such offenses and, conversely, recognizing of a legal public or private entity as a victim of these offenses. The practice of applying the provisions on liability for violation of an individual’s private life in Spain presents its own challenges, as evidenced by the examples of cassation court decisions provided in this article. The decisions of the Constitutional Courts regarding the interpretation of the content of the right to inviolability of private life significantly influence the criminal law doctrine in Spain, as well as in Ukraine.
Some peculiarities of application of administrative coercion measures by law enforcement agencies of Ukraine during martial law
Authors: Prysiazhniuk O. A.
Published: February 2025

The article describes the concept, features and types of administrative coercion. It is stated that state coercion, which is embodied in specific methods of influence, is heterogeneous. Legal coercion is manifested, first of all, in various forms of liability: criminal, administrative, disciplinary and property liability which is borne by citizens, officials and legal entities which have committed an offence, and also in the application by authorized state bodies and officials of other coercive measures against persons who do not voluntarily comply with the requirements of legal provisions. It is noted that the use of administrative coercion is not only an important area of administrative law enforcement activity of the relevant state bodies, but also a key criterion for the exercise of the law enforcement function of the State as a whole.
The author emphasizes that unlike other measures of state coercion which are always a reaction to unlawful acts of subjects, administrative coercion measures are often used for preventive impact and prevention of offences, as well as for establishing law and order in various emergency circumstances.
The author proposes to define administrative coercion as the application by law enforcement agencies authorized by the State to objects which are not under their control, regardless of the will and desire of the latter, and regulated by administrative law, of moral, property, personal and other measures of influence with the aim of protecting public relations arising in the field of public administration, by preventing and suppressing offences, and also by bringing perpetrators to justice for their commission. It is noted that the external forms of administrative coercion are its measures. It is emphasized that in the doctrinal sense, measures of administrative coercion should be divided into three groups: administrative preventive measures, measures of administrative termination, and measures of administrative penalty.
The author emphasizes that the martial law regime in Ukraine has made significant adjustments to the functioning of almost all state bodies, institutions and organizations, and they have particularly affected the activities of law enforcement agencies, including the application of administrative coercion measures.
Legal regulation of pastoral care in health care institutions of the Visegrad Group countries
Authors: Rosul N. O.
Published: February 2025

The article examines the peculiarities of the legal regulation of the institute of medical chaplaincy in the countries of the Visegrad Group. The current state of regulation and functioning of the institute of medical chaplaincy in Hungary, Slovakia, Czech Republic, Poland is analyzed.
The constitutional provisions enshrining the right to freedom of conscience and religion are outlined. The similarity of the definition of this fundamental right in the basic laws of the states, which is the basis for the implementation of pastoral care in health care institutions, is established. The author analyzes the legal acts that enshrine the possibility of exercising the right to pastoral care in health care facilities, the legal status of chaplains, the conditions of their activities, and the interaction of religious organizations with hospitals or hospitals in order to provide patients and other persons with pastoral care. The author identifies differences in the legal regulation of this institution in the analyzed countries, in particular, in terms of the level of legal acts and the scope of regulation.
The peculiarities of the chaplaincy institute in the countries of the Visegrad Group are determined, depending on the model of church-state relations and the status of religious organizations. Some aspects of the functioning of the institute of medical chaplaincy in Hungary, Slovakia, the Czech Republic and Poland are investigated, namely the range of tasks, powers of chaplains and sources of financing their work from the funds of health care institutions or at the expense of religious organizations. The differences in the status of medical chaplains in terms of qualification characteristics are outlined. For example, in Hungary there are no requirements for chaplains. In contrast, the Czech Republic clearly establishes the requirement of higher education and further specialization.
The conclusions emphasize the key role of chaplains in ensuring the rights of patients and healthcare professionals to freedom of religion. The author emphasizes the need for further improvement of the institute of medical chaplaincy in Ukraine, taking into account the experience of the Visegrad countries.
Security of the State financial market as a factor of economic stability of the state
Authors: Sakaliuk D. V.
Published: February 2025

The article examines and draws attention to the issues and problems in ensuring the security of the State’s financial markets in today’s realities, namely, in the context of European integration processes and under martial law.
Attention is paid to the importance of ensuring the security of financial markets for the economic stability of the State, including for ensuring the financial security of the State. The author presents the interpretation of scholars on the importance of ensuring the security of financial markets and the impact of the proper functioning of such markets on ensuring economic stability. Attention is drawn to the composition of the financial security system, which includes: budgetary, currency, monetary, debt security, insurance market security and stock market security.
The author highlights the importance of security of the state’s financial markets for ensuring the state sovereignty and integrity of the country, as well as a decent standard of living for Ukrainian citizens.
Threats to the financial security of the state have been identified, including: non-compliance with the rule of law; imperfection of public administration in ensuring financial security; ineffectiveness of the system of control over the expenditure of budget funds; ill-considered monetary and credit policy of the state; ineffectiveness of the tax system; corruption of state bodies and pressure on business; excessive deficit of the State Budget; growth of the «shadow» economy; growth of external debt; outflow of human capital and demographic crisis; irrational use of foreign loans and financial assistance.
Attention is drawn to the experience of the European Union (EU) in ensuring the security of financial markets and the financial security of the state.
The conclusions of the work demonstrate that for the proper functioning of the state’s financial activities and the promotion of Ukraine’s European integration, even in the current conditions, the security of the state’s financial markets and their proper functioning must be ensured at the proper level.
On the need for environmental specialization in police bodies
Authors: Chechersky V. I.
Published: February 2025

The scientific publication explores the feasibility of implementing environmental specialisation in police bodies.
It is substantiated that without establishing specialisation in both the prosecutor’s office and the police, it is difficult to fulfil the task of detecting, stopping, uncovering and investigating criminal offences in the field of environmental protection and compensation for environmental damage, which is recognised as a priority in the activities of law enforcement agencies.
The article focuses on the fact that the need to introduce ecological specialisation is not only a national priority but also a pan-European trend, which is also enshrined in the Directive of the European Parliament and the Council of the European Union dated March 13, 2024 on the protection of the natural environment by means of criminal law.
It was established that until now the reformation of police units and the creation of relevant specialised operational and investigative units for the detection and pre-trial investigation of crimes of this category have not been completed.
It is emphasised that the absence of specialised units in police bodies significantly complicates interaction with prosecutors, makes it impossible to involve specialised police officers in training events, coordinate their work, and leads to the investigation of criminal proceedings against the environment based on the residual principle.
It has been proven that the delegation of powers to detect and investigate criminal offences in this area to individual employees who simultaneously perform other powers is not a rational decision.
The need to create separate specialised units in police bodies is important, and this will become an effective element of the implementation of state policy in the field of environmental protection.
It is proposed that specialised operative and investigative environmental units function as part of one independent unit (department), which will allow to ensure a comprehensive approach to the detection and termination of environmental criminal offences and the performance of tasks provided for by the Criminal and Criminal Procedure Codes of Ukraine.
Limitation of human rights and freedoms as a manifestation of the laws of dialectics
Authors: Shershel O. V.
Published: February 2025

The article assumes that the limitations of rights and freedoms established by law must be legitimate, if this is not the case, the law is considered as a tool of the ruling ideology. The development of the system of human rights takes place by expanding the possibilities for their implementation, and accordingly, the volume of restrictions on human rights and freedoms decreases. At the same time, paraphrasing a well-known saying, one can say that the freedom of one person ends where the freedom of another begins, which often leads to a conflict of their interests. Establishing limitations on human rights and freedoms is necessary to reconcile the conflicting interests of the individual, other people, society and the state. Dialectic, which recognizes the general connection and interdependence of phenomena, allows to overcome and find a balance of interests when establishing limitations of rights and freedoms, observing the principle of justice. At the same time, given that justice is a transcendent phenomenon and has an element of injustice, the study of the legality of limiting human rights and freedoms is carried out in view of the observance of the principle of proportionality, which is a manifestation of justice. At the same time, only the least onerous limitations for the rights and freedoms of individuals, which do not violate the essence of human rights, can be proportional. The essence of a human right is its qualitative characteristic, which determines the place of the right in the system of other human rights, its value for a person. The image of a person, which is formed by constitutional values and constitutional rights and freedoms, allows to single out the essence of a specific right of an individual, and to determine the scope of opportunities that is necessary for the normal existence of a person in society. Important in this aspect is the prescription of the first part of Article 3 of the Constitution of Ukraine, according to which a person, his life and health, honor and dignity, inviolability and security are recognized as the highest social value in Ukraine. Special attention should be paid to such a value as human dignity. The image of a person’s right and freedom is fixed in the content and scope. Violation of the essence of the right is determined in a specific case of restriction of human rights and freedoms based on the «image of a person». Only in the case of restriction of the components of the right guaranteed by the Constitution of Ukraine, there is an unlawful violation of the right of a person.
The right to freedom of peaceful assembly in the context of the principles of legality and rule of law: the international and national legal aspects
Authors: Dzholos S. V. , Voloshkevych H. A.
Published: February 2025

The article is devoted to the international and national legal principles of the right to freedom of peaceful assembly in the context of the principles of legality and the rule of law.
The main international standards of the right to freedom of peaceful assembly were identified with the help of the analysis of the main international documents in the field of human rights.
The main provisions of national law guaranteeing freedom of peaceful assembly are highlighted with the help of the analysis of the provisions of the current legislation of Ukraine and some other member states of the Council of Europe.
The main principles of the correlation of the principles of legality and the rule of law in the context of the right to peaceful assembly are outlined. Attention is drawn to the fact that the principle of the rule of law, by its nature, is broader and deeper than the principle of legality.
The authors came to the conclusion that currently the issue of the right to peaceful assembly is not sufficiently regulated in detail by the current legislation of Ukraine, which causes legal uncertainty and, thereby, violates the principle of the rule of law, which can lead to various unacceptable extremes. The need for detailed legislative regulation of the right to peaceful assembly in Ukraine is indicated.
Attention is drawn to the existence of both notification and permissive nature of peaceful assemblies in civilized states, including member states of the Council of Europe, while maintaining a high level of tolerance for mass gatherings, which should not be dispersed if they are peaceful.
It is pointed out that the practice of the European Court of Human Rights recognizes the importance of distinguishing between «peaceful» and «non-peaceful» assemblies based on the criterion of the absence or presence of an intention to use violence by their organizers and/or participants, with the existence of a presumption of the peaceful nature of the assemblies and the need for strict justification of restrictive measures to prevent violations of people’s right to peaceful assembly, etc.
It was found that a promising direction for further development of this issue should be considered the understanding of the basic principles of distinguishing between peaceful and non-peaceful assemblies, as well as permissible and impermissible actions carried out by both representatives of state authorities and local governments, and participants in mass events.
Establishment of the right to judicial protection in Ukraine (IX–XIV centuries)
Authors: Martyniuk O. V. , Hotsuliak Y. V.
Published: February 2025

The article is devoted to the study of the process of formation of the right to judicial protection on the territory of Ukraine during the 9th–14th centuries.
The authors established that during the emergence of statehood on the territory of modern Ukraine, a single and universal court for all social strata did not exist, and the institution of the court was not separated from other public authorities. At the beginning of the XI century through judicial reform, all courts were divided into public (state) and church. Public courts included princely, secular and public courts, while the system of ecclesiastical courts was made up of relevant instances at monasteries, dioceses and other church institutions. The jurisdiction of public courts extended to the entire free population of the state, except for the clergy.
The authors draw attention to the fact that the jurisdiction of the princely court formally extended to the entire population of the state, but de facto it considered cases where at least one of the parties were representatives of the feudal nobility of that time. Therefore, representatives of the highest social strata could fully exercise the right to judicial protection in the princely court. Under certain conditions, the right to judicial protection in the princely court could be exercised by representatives of all strata of the population (except personally dependent), but in such cases, the princely court probably acted as an appellate authority regarding decisions made primarily by public courts.
The authors conclude that only the prince and the city community could exercise the right to judicial protection in the peer court. The most authoritative judicial institution among the population was the public court, and the right to legal protection could be exercised by all residents of the community without exception within the so-called «judicial district» (territory of the parish). In church courts, the clergy had a comprehensive right to appeal to the court of the local church hierarch or the metropolitan court. The secular population could exercise their right to judicial protection in the courts of ecclesiastical jurisdiction by appealing to the court of the local church hierarch.
Professional culture of a lawyer: general analysis
Authors: Gudyma M.
Published: February 2025

Representatives of the legal profession should serve as role models for citizens in upholding the law, ethics, and justice, and their professional culture should exemplify high standards, forming the basis for the authority of legal practitioners and public trust in them. This highlights the importance of the professional culture of legal professionals and underscores the need for its theoretical examination. This scientific publication is dedicated to outlining the essence and highlighting the components of the professional culture of a lawyer as a necessary condition for their professional success.
The paper analyzes the general concept of the professional culture of a lawyer, identifies the stages of its formation, and emphasizes the multidimensionality of this category. The approaches to revealing the content and components that constitute the professional culture of a lawyer are examined. It is noted that the professional culture of lawyers is a complex of various types of cultures, focusing on key levels such as legal, political, moral, psychological, aesthetic, economic, environmental, religious, pedagogical, and physical.
While the inclusion of legal, moral, political, psychological, and aesthetic subcultures within the professional culture of a lawyer does not provoke significant discussion in academic circles, the publication presents a number of arguments regarding the substantial importance of religious, environmental, pedagogical, and physical aspects for the successful execution of the lawyer’s duties and responsibilities.
The work concludes that the professional mastery of a lawyer depends on the existence of a comprehensive system of developed individual subcultures (legal, moral, psychological, aesthetic, political, economic, environmental, pedagogical, religious, physical, and others), which ensures their ability to adequately perform their professional tasks. Undoubtedly, the core is the legal culture itself; thus, the significance and hierarchy of the aforementioned levels (subcultures) will vary depending on the specific functional powers of the respective legal profession and the particular tasks assigned to the lawyer.
Historical development of human rights and freedoms
Authors: Ivanov S. Yu.
Published: February 2025

The article examines the peculiarities, prerequisites and historical development of human rights and freedoms throughout the existence of human civilization. The complex evolutionary path from the past to the present is demonstrated, and changes in ideas about human rights and freedoms along this path are noted. On the basis of scientific analysis of normative legal acts, a wide range of sources and scientific literature, an attempt is made to investigate the peculiarities of the process of historical development of human rights and freedoms throughout the existence of human civilization, demonstrating different views and concepts of individual prominent statesmen, philosophers, lawyers, etc.
The relevance of this issue for the evolution of the legislation of the world’s leading countries was noted. It has been demonstrated that the historical development of human and citizen rights and freedoms is a determining factor in the formation of the legislation of each state. The Institute of Human Rights acts as a guarantor of protection against the arbitrariness of state power, ensuring freedom for everyone and forming the foundations of the constitutional order. With the help of a comprehensive analysis of scientific literature and other international legal documents, an own scientific position on the problem under investigation was formed.
In general, it is shown that the history of the development of human rights and freedoms is closely related to the historical prerequisites for the formation of law, as well as the existence and development of human society, the first concepts about rights and freedoms were introduced and developed by outstanding philosophers and thinkers of Ancient Greece and Rome, received further developed in the period of the Middle Ages and modern times and were finally established in the XX-XXI centuries. For many centuries, legal scholars in their scientific works have actively considered the evolution of human rights and highlighted their unique views on this topic.
Special attention is paid to the historical and legal retrospective of various stages of the historical development of human rights and freedoms, the main ideas and concepts about human rights and freedoms during the development of society are characterized. The relevance of this issue for the evolution of the legislation of the world’s leading countries has been demonstrated.
Quasi-family agreements as a natural manifestation of current family law
Authors: Andrushchenko T. S.
Published: February 2025

The article examines the legal nature of a quasi-family contract, as well as the place of a quasi-family contract in the general classification of contractual constructions of family law. In the article, the author identifies differentiating features of quasi-family contracts.
Attention is focused on the lack of limitation of the subject circle in quasi-family contracts, contractual relations in this case are built exclusively on the contractual initiative of both parties, which speaks of their priority civil-law nature.
The author draws attention to the increasing demand and popularity of contractual constructions in family law, however, the question of the place of quasi-family contracts remains open to science, at the same time creating certain complications in their practical application.
Such gaps in family legislation are considered essential, since the lack of proper legislative regulation is the root cause of an imperfect mechanism for protecting the rights and interests of the parties to the contract.
The article provides the author’s classification of quasi-family contracts according to the direction, in particular social: contracts on patronage; placement of children for upbringing and joint living in a foster family; organization of activities of a family-type children’s home, an agreement on mentoring, material and financial guidance between subjects: an engagement agreement, an agreement on the provision of maintenance between persons who are in a de facto marital relationship, civil unions; aimed at providing services: surrogacy contract.
Analyzing the legal nature and classifying quasi-family contracts, the author highlights their features, such as complex and mixed nature, multilateral nature of the contract, free approach to the choice of the counterparty, fiduciary nature, payment nature of the contract, clear definition of the duration of the contract by its parties. Among the differentiating features of quasi-family contracts, the author singles out a priority one – conflicting interests of the parties. Thus, unlike a family law contract, where the actions of the parties are aimed at achieving a single goal, quasi-family contracts involve confrontation with each other, and relations are built on the agreement that each party «adapts» the contract in the direction of the most favorable conditions for themselves.
Problematic aspects of legal regulation of credit agreements in Ukraine
Authors: Kochyna O. S. , Bashtova M. V.
Published: February 2025

The article discusses problematic aspects of the legal regulation of credit agreements in Ukraine, which are an important element of the stability of the financial system. The shortcomings of the legal framework are highlighted, including the insufficient protection of consumer rights in credit services, the lack of transparency in lending terms, and the absence of integration into international standards. Attention is drawn to gaps in the regulation of various types of credit: consumer, banking, commercial, state, tax, and international credit. The legal framework is analyzed, including the Law of Ukraine «On Consumer Lending», with its deficiencies identified, such as the lack of clarity regarding consumer lending conditions by non-banking institutions. The authors note that many consumers face hidden fees and fines that contradict national legislation.
Particular attention is paid to international standards, such as the principles of the UN General Assembly Resolution on Consumer Protection, as well as the experience of foreign countries in implementing innovative forms of lending (P2P lending) and creditworthiness assessment systems (CIBIL). The need for creating conditions for integrating these practices into Ukraine is emphasized to improve the accessibility of credit services. Implementing such mechanisms would reduce the financial burden on consumers and promote the establishment of transparent and clear rules of interaction between creditors and borrowers. The article also proposes ways to integrate international experience into the national legal system to strengthen the protection of the rights of all participants in credit relationships. The authors propose improving Ukrainian legislation by developing a unified legal act that would regulate all types of credit, ensure the transparency of contract terms, and protect the rights of all parties involved in credit relationships. It is concluded that the integration of international standards and simplifying access to credit services will reduce financial risks, foster the development of the financial system, and improve the efficiency of the credit system in Ukraine.
Land usage legal problems for the construction of fortification facilities
Authors: Sychova K. , Zaiets O.
Published: February 2025

In the conditions of the Russian-Ukrainian war and significant threats to the national security of Ukraine, the construction of military engineering and fortification facilities is of critical importance, as these facilities ensure the defense of our state. But their construction on land plots of various forms of ownership often creates a legal conflict between the objective need to protect the territory of the state and exercising the rights of owners of these land plots or their land users. The legislator has already developed a certain legislative framework regarding the mechanisms of real estate requisition. But it does not always work in the conditions of the need to make urgent decisions regarding the construction of fortifications. In addition there will be additional threats to the environment and food security of the state in addition to those currently being inflicted by the enemy. Therefore, the purpose of this study is to analyze the legislative framework, scientific and legislative material in order to establish the legal and actual mechanisms of land use for the construction of fortification structures, their impact on the exercise of land rights of landowners and land users as well as the search for compensatory, organizational and protective guarantees of land rights of the specified subjects for their modern and post-war safe use. The article analyzes the legislation on the legal forms of acquisition and use of land plots for the construction of fortifications, scientific works in this area, the practice of the ECtHR, the Supreme Court as well as legislative materials are used. Despite the existence of legal norms that regulate these issues, there are currently gaps in the legislation, namely: lack of legal regulation of temporary occupation of land plots for the construction of fortifications; absence of a mechanism for restoring the rights of owners after the completion of fortification works and, in particular, compensation mechanisms. Therefore, this requires the development of clear legal frameworks that will ensure the predictability of legal relations between the state and land owners in war and post-war times.