bluuebunny/crossref_metadata_2025 huggingface dataset:
Possibility of retroactive effect of judicial interpretation of criminal law in the context of its legal certainty
Authors: Zahyney-Zabolotenko Z.A. , Panchenko N.M.
Published: October 2024

The article addresses the issue of the possibility of retroactive effect of the results of judicial interpretation of criminal law in the context of its legal certainty. It is stated that the effect of a law in time is a manifestation of legal certainty. Predictability of a criminal law does not mean that this law should be understood equally by everyone and be certain and predictable for everyone. Accordingly, courts may interpret criminal law, the result of which should be predictable for the addressee. Based on the case law of the European Court of Human Rights, and also taking into account the theory of “legitimate expectations”, which is widely used, in particular, by the Court of Justice of the European Union, and the activity­based approach to the study of legal phenomena, the author proves that the issue of retroactive effect should be resolved not only with regard to the criminal law itself, but also with regard to the results of judicial interpretation provided by the Supreme Court, which is objectified in the form of legal conclusions set out in the Supreme Court’s rulings, which are binding on all public authorities which apply in their activities a legal act containing the relevant rule of law, and the conclusions on the application of the rules of law set out in the Supreme Court’s rulings are taken into account by other courts when applying such rules of law. If the result of judicial interpretation interprets the criminal law provision that was applicable at the time of the criminal offense more «rigidly», it does not have retroactive effect. If such a result of judicial interpretation is more favorable for the person who committed the criminal offense compared to the interpretation that existed at the time of the criminal offense, then such a result has retroactive effect. The new result of a judicial interpretation of a criminal law provision may have retroactive effect if such interpretation was foreseeable for the addressee of the criminal law and did not violate his legitimate expectations or violate expectations that were not subject to protection for specific reasons.
A new look at models of pre-trial investigation based on information technology support
Authors: Kryzhanovskyi A.S.
Published: October 2024

Abstract. In the article, based on the current legislation, new views on models of pre-trial investigation are considered. The article contains theoretical proposals for optimization and rationalization of pre-trial investigation as the main stage of pre-trial investigation in the criminal process of Ukraine based on the changes taking place in the conditions of digital transformation of society. Methodological bases of modeling of pre-trial investigation in criminal cases include the following criteria (elements) of individualization of the model: goals and tasks of pre-trial investigation; his place in the organization of criminal justice; the initial moment of investigation in a criminal case; structural construction of pre-trial investigation; organizational and legal status of bodies and officials who carry out this activity. It is noted that the crisis phenomena in the modern pre-trial investigation in criminal cases are caused by circumstances that, in turn, determine the need for reform: the construction of the pre-trial investigation is not fully correlated with the historical development and the convergence trends of accusatory and adversarial types of criminal proceedings; there is no unified approach of the state and the scientific community to determine the optimal structure of pre-trial investigation in criminal cases, which corresponds not only to the possibility of resisting the modern criminalization of society, but also stimulates further self-improvement; organizational and procedural contradictions between its forms are observed in the pre-trial investigation; confusion of the functions of criminal prosecution, detection and investigation of crimes, resolution of a criminal case and judicial control; competition of investigative and adversarial grounds at this stage of investigation in a criminal case. The pre-trial investigation with its tasks of establishing the circumstances of the committed crime, the written registration of all the evidence collected because of investigative actions, forms the investigative model of the criminal process. The content of the investigative model is related to the fact that the modern pre-trial investigation is based on written document circulation. The investigator plays the leading role.
Ensuring the rights of victims during the investigation of crimes against life and health committed by members of youth informal groups (associations)
Authors: Pyrozhkova Yu. , Verlos N. , Melkovskiy O.
Published: October 2024

The article addresses specific issues regarding the protection of victims’ rights during the investigation of crimes against life and health committed by members of youth informal groups (associations). It emphasizes that modern criminology’s theoretical and applied research is focused on finding optimal methods for investigating crimes committed by members of such groups. It is highlighted that in the structure of criminal offenses committed by youth informal groups, crimes against life and health rank second, with nearly one-third involving serious and moderately severe bodily injuries. This is because group violence tends to be more brutal than individual acts, and in all criminal proceedings involving violent crimes, such offenses were committed in groups. There is a noted lack of works dedicated to protecting the rights of victims during the investigation of crimes against life and health committed by members of youth informal groups (associations). The research focuses on understanding the mechanisms that ensure the effective protection of the rights and legitimate interests of victims, analyzing legislative gaps that significantly complicate or even prevent their effective protection. The analysis of international legal principles and standards identified a set of measures that may enable a victim-centered approach in investigating this category of crimes: raising awareness and providing immediate legal, social, and medical assistance (including informing victims of their procedural rights, such as the right to protection and compensation, and access to specialized support services); ensuring physical and psychological protection of victims; employing special interrogation tactics to minimize secondary victimization (investigators should consider the age, psychological condition, health status, and location of the interrogation - whether at the victim’s home, healthcare facility, or investigator’s office); using audiovisual recordings to reduce the number of interrogations; and ensuring compensation for damages.
The emergence of international police cooperation in Europe with the creation of the TREVI group
Authors: Biriukov R.M.
Published: October 2024

The article examines the roots of international police cooperation in Europe, dating back to the creation of the TREVI Group in the 1970s. The format of the Group is considered and the reasons for its placement outside the format of the European Communities are explained. The centralization and formalization of international police cooperation in Europe, which was observed with the creation of the TREVI Group, is considered.
The powers of the TREVI Group to fight terrorism are being investigated. It is emphasized that the granting of such powers to the Group was the result of a response to the threats faced by European states in the 1970s. The debate on the format of the group, which arose among European states, primarily between the United Kingdom, France and Germany, is considered. Germany’s proposals to create a centralized structure and the United Kingdom’s and France’s proposals to create an informal political association are under consideration.
It is emphasized that the format of the Group reflects the asymmetric impact of security threats in different countries, which led to the unevenness of the preferences of the states during its formation. The Group’s chosen format reflected the «common denominator» of these political influences. Along with the existence of a common desire to develop international police cooperation, EU member states differed in their vision of the format of such cooperation. It is emphasized that the final format of the TREVI Group reflected the complex structural interdependencies in security issues between the member states of the European Communities and the politicization of security issues in domestic and international discourses.
It is emphasized that the negotiations on the creation of the TREVI Group took place in conditions of strong internal politicization of the issue of combating terrorism, which shaped the preferences of states at the EU level. At the same time, the inability of states to agree on a formal structure led to the formation of the TREVI Group primarily as a platform for discussion and cooperation between participating states and an informal body promoting practical cooperation. It is concluded that the Trevi Group has become a relatively free political association, independent of the bodies of the European Communities.
Damage to the natural environment as a crime against humanity: prospects for changes to Art. 7 of the Statute of the International Criminal Court
Authors: Brynzanska O.
Published: October 2024

The article examines trends in revising the concept of crimes against humanity by adding signs of actions that include damage to the natural environment.
It is established that the possibility of expanding the concept of crimes against humanity to include damage to the natural environment is based on criticism of the provisions of the Additional Protocol to the Geneva Conventions of June 8, 1977 and the Statute of the International Criminal Court on damage to the natural environment only in the context of armed conflicts, and also about the signs of such damage as widespread, long-term and severe, which made it practically impossible to implement the norms of the mentioned acts. On such grounds, the position is substantiated that crimes against humanity that encroach on the natural environment should include environmental degradation, exploitation of natural resources, and other actions that lead to pollution or destruction of the environment or climate change.
The processes of developing provisions on harming the natural environment as a crime against humanity, which are related to the policy of states or other government institutions, aimed at the exploitation of natural resources and the forced resettlement of the civilian population, are being studied.
It is noted that the Office of the Prosecutor of the International Criminal Court is studying the possibility of revising the elements of crimes covered by the jurisdiction of the International Criminal Court and including directly those related to environmental damage. Proposals which are sent to the Office of the Prosecutor of the International Criminal Court are subject to registration in a single Policy Paper.
The proposals of certain scientific andinternational non-governmental organizations regarding amendments to the Statute of the International Criminal Court are summarized, which include the introduction of the concept of crimes against humanity as a sign of an attack on the environment or its individual elements; addition to Art. 7 of the Statute of the International Criminal Court by the provisions on the commission of actions specified in items «a», «b», «d», «k» by committing damage to the natural environment, etc.
International humanitarian law as a result of challenges of armed conflicts
Authors: Captain O.I. , Samilo A.V.
Published: October 2024

The study is devoted to the analysis of the evolution of international humanitarian law in the context of the protection of human rights and freedoms during armed conflicts. The historical development of legal norms is considered, starting from the early attempts to regulate military operations to the formation of the modern system of international law.
Special attention is paid to three key areas of development of international humanitarian law: Geneva, Hague and New York. The Geneva Conventions of 1949 and additional protocols to them, which became the foundation for the protection of war victims, are analyzed in detail. The Hague Conventions of 1899 and 1907, which established the rules of warfare and the principles of peaceful resolution of conflicts, are considered. The role of the UN in the development of international law is highlighted, in particular through the adoption of resolutions and the holding of international conferences.
The work emphasizes the importance of creating universal standards for the protection of human rights and their consolidation at the level of international law. Key international documents such as the Universal Declaration of Human Rights, International Covenants on Human Rights and European Conventions are analyzed.
The study reveals the process of integration of various aspects of humanitarian law, which led to the formation of a comprehensive approach to the regulation of armed conflicts. There is a growing understanding of the relationship between human rights, the rules of war and the protection of civilians.
Particular attention is paid to modern challenges in the field of human rights protection during armed conflicts, in particular in the context of the Russian-Ukrainian war. Ukraine’s efforts to adapt national legislation to the conditions of armed conflict and the implementation of international norms are considered.
The study emphasizes the need for continuous improvement of mechanisms for the protection of human rights in the conditions of armed conflicts and adaptation of international law to the new realities of warfare. The work is important for understanding the current state of international humanitarian law and the prospects for its development.
Humanistic foundations of the legal system: dialectics of theory and practice in the conditions of modern challenges
Authors: Bielova M.V. , Byelov D.M.
Published: October 2024

The article is devoted to the study of the principle of humanism as the fundamental basis of the modern legal state. The author examines the historical development of the concept of humanism from the ideas of ancient philosophers to modern concepts of human rights, emphasizing its key role in the formation of the legal system and state policy.
The work analyzes the concept of «principle» and its meaning in the legal context. The author emphasizes the systematic nature of the principles of law, their interrelation and hierarchy, which is critically important for understanding their role in the formation and functioning of the legal system.
Special attention is paid to the principle of humanism as a cross-cutting element of the legal system. Its key aspects are considered: recognition of the inherent value of each person, respect for human dignity, provision of conditions for the realization of rights and freedoms, striving for the common good. The author emphasizes that humanism in law is not only an ethical ideal, but also a practical guideline for law-making and law enforcement.
The article also examines certain aspects of the dialectical opposition between humanism and anti­humanism, which allows for a deeper understanding of the dynamic nature of humanistic principles and their role in the development of the rule of law. The author emphasizes the need for constant critical review of existing norms and institutions for their compliance with humanistic ideals.
An important aspect of the research is consideration of the relationship between the level of moral maturity of society and the implementation of the principle of humanism. The author claims that in a morally developed society, respect for the rights and freedoms of the individual becomes an organic component of everyday life, which creates a harmonious coexistence of ethical principles and legal norms.
In the conclusions, the author emphasizes the need not only for formal enshrining of humanistic principles in legislation, but also for their practical implementation in all spheres of social life. This requires constant improvement of the legal system and state administration in order to maximally satisfy the needs and interests of citizens, which is a key feature of a truly legal and democratic state.
Current issues of legal regulation on political advertising in election campaigns in social media
Authors: Prudkyi B.
Published: October 2024

It is indicated that today the role of the Internet with all the unlimited amount of digital content that is produced in its spaces every day is extremely difficult to overestimate. Nowadays, it is various social networks and other online platforms that have become not only a means of placing and distributing information, but also the main communication field, which over time has made a real revolution in the field of user interaction.
The article is devoted to the issues of legal regulation on political advertising and election campaignd in social media and on other online platforms, aims to highlight the central problems, as well as to outline the spectrum of possible ways to solve such problems through the study of Ukrainian and international experience of working with the control of the information field, namely, in the part of campaigning activities of the relevant subjects in social media, on other online platforms during the election process. Special focus in the current study is made on the correlation of national and corporate regulation of issues related to the use of foreign online platforms services for posting information that is considered as political advertising. In addition, it outlines a range of problems that are currently outside the scope of legal regulation and are caused, on the one hand, by the rapid pace of digital technologies development, and on the other hand, by the nature and essence of such a phenomenon as election campaigns and political advertising means in general, namely in terms of a wide range of tools for influencing the audience.
As a result, the need for cooperation between the state as a legislator and corporations as non-state entities that own and manage specific resources used for posting election campaign materials is emphasized. It was also concluded that there is a need to pay special attention to the improvement of the national legislative framework in terms of understanding political advertising as a social phenomenon and creating special requirements for the regulation of legal relations regarding such advertising placement in social media and other online platforms.
The application of the Constitution of Ukraine during the settlement of civil and economic cases in terms of compensation for property damage in the case of decisions on exemption from criminal liability on the basis of Art. 49 of the Criminal Code of Ukraine
Authors: Startsev E.H.
Published: October 2024

It is pointed out, the erroneous application by the courts of the economic and civil links as evidence of the decision of the criminal court to close the criminal proceedings in connection with the expiration of the terms of bringing to criminal responsibility, as a non-rehabilitating circumstance during the establishment of property damage in the resolution of relevant disputes. The author notes that, from the available access to court decisions and their analysis, it is clear that when considering cases related to the compensation of property damage, not every court provides a correct assessment of the legal nature of the closure of criminal proceedings, which leads to the incorrect application of the requirements of procedural legislation in terms of the adoption and evaluation of evidence.
The article examines the problematic issue of the application of the practice of Ukrainian civil and commercial courts in resolving issues of compensation for property damage in the presence of a decision to release a person from criminal liability due to the expiration of the statute of limitations (in particular, the decision of the Supreme Court of Ukraine), as well as theoretical aspects related to this issue with reference to the norms of the Constitution of Ukraine and the Convention on the Protection of Human Rights and Fundamental Freedoms.
According to court practice, in Ukraine, the expiration of the statute of limitations in a criminal case does not automatically mean the absence of civil liability for the offense committed. In cases where a person has been acquitted in criminal proceedings due to the expiration of the statute of limitations, there may still be grounds to seek civil damages for property damage.
Ukrainian courts may take into account such factors as the nature of the offense, the amount of damage caused and the evidence provided when determining liability for compensation in civil cases. Civil proceedings in this case should be separate from the criminal case with the need to focus on legal responsibility for the property damage caused in the presence of relevant admissible evidence submitted by the party in the case.
As of today, it is extremely important to effectively navigate the peculiarities of such cases and to achieve the correct interpretation of evidence in cases of potential compensation for property damage in civil proceedings.
The right to education under the conditions of martial state
Authors: Tereshchenko I.O.
Published: October 2024

The right to education is one of the fundamental human rights approved in the Constitution of Ukraine. However, the war conditions taking place on the territory of Ukraine create significant challenges for ensuring this right. In this article, we analyze the problems that arise in the context of ensuring the provisions of Article 53 of the Constitution of Ukraine in conditions of war and offer ways to solve them.
This article highlights the importance of ensuring the right to education under martial law in Ukraine and suggests practical measures to achieve this goal. The study of this topic contributes to the development of effective strategies for managing educational processes in wartime conditions.
Ensuring the right to education in the conditions of martial law in Ukraine becomes a particularly acute problem due to active hostilities and occupation of territories. Military operations are accompanied by violations of human rights, including the right to education, which is contrary to international standards. Military aggression forces the evacuation of schools, universities and other educational institutions, which disrupts the educational process and creates difficulties for obtaining an education. The results of military operations have serious psychological consequences for children, youth and teaching staff, which negatively affects their learning and work capacity.
The article analyzes the problem of ensuring the right to education under martial law. The challenges faced by Ukraine in providing educational opportunities during the war are investigated. Special attention is paid to strategies for protecting the right to education, including the role of international law, humanitarian aid programs and innovative approaches to education.
Based on this analysis, recommendations are provided to improve the situation with the right to education in the conditions of military conflict.
The problems of education during the legal regime of martial law are analyzed, the need to continue measures to guarantee the constitutional right to education is emphasized, since education is considered extremely important for the progress of society, the future of the country directly depends on the level of education, talents, culture and consciousness of the young generation.
The national doctrine of good faith in civil proceedings: a review of the main scientific works
Authors: Krasovskyi O.
Published: October 2024

The article examines the scientific works of national scholars on civil procedure and the practice of justice in civil cases with a view to understanding the evolutionary path of formation and development of national legal thought and legislation on such a legal phenomenon as the principle of good faith. The author analyzes the issues of good faith and misconduct in procedure, abuse of procedural rights, civil procedural liability and procedural coercion, and procedural duties as related legal categories of our study.
This topic is insufficiently developed, as domestic proceduralists mainly focus their efforts on the problem of abuse of procedural rights in civil proceedings, with fragmentary attention to the issue of procedural good faith.
The article examines the main works of modern Ukrainian researchers who have studied the issues of the principle of good faith in its various manifestations, which, in our opinion, are conceptually complete and serve the purposes of studying the chosen subject matter.
The author summarizes that a number of researchers consider good faith through the interaction of the court and the parties in civil proceedings, characterize it as a comprehensive, evaluative legal category which distinguishes between lawful procedural behavior and abuse of procedural rights, and draw attention to the need for a legislative definition of the definition and criteria for abuse of law. The author examines related legal categories which allow identifying possible forms of abuse of procedural rights, classifies them and assesses the legal consequences of their exercise. The author proposes measures to encourage participants to the court proceedings to behave in good faith during the consideration and resolution of a civil case.
The author determines that good faith in civil proceedings is of integrative importance and may include similar legal categories: prohibition of abuse of procedural rights; requirement of good faith fulfillment of procedural obligations; procedural estoppel or prohibition of other unlawful obstacles to the administration of justice.
Problems of copyright protection for gaming content
Authors: Lytvynenko Ye.V. , Tverdokhlib Y.V.
Published: October 2024

The article is devoted to a comprehensive study of the current issues of copyright protection of game content in the context of the rapid development of the video game industry. The study examines the peculiarities of legal protection of various elements of video games, including software code, audiovisual components, storylines and characters. It analyses the main challenges faced by developers and publishers in protecting their intellectual property rights, including unauthorised copying, piracy and unlicensed modifications.
The author analyses the terminology of the industry, in particular, the concept of ‘video game’ which is widely used in international practice. At the same time, the author establishes that the term ‘computer game’ prevails in the European legal space. This terminological difference reflects regional peculiarities in approaches to classification and legal regulation of interactive entertainment products. Despite certain semantic differences, both terms cover electronic games operating on various digital platforms.
With the development of online capabilities, video games have moved far beyond the isolated and closed subculture they once were. Video games now create an interactive virtual community and a thriving business that is part artistic expression, part sporting competition and part mass entertainment.
A comprehensive analysis of a wide range of court precedents from different jurisdictions relating to the protection of rights to video content in the field of interactive entertainment was carried out. The study of these court decisions allowed the author to identify the key legal approaches and principles applied in cases of copyright infringement of video game elements.
It is found that the differences between video games and other intellectual property objects have led to difficulties in determining the legal regime most appropriate to their specifics. Video games include a variety of constituent elements, many of which are eligible for legal protection. The growing involvement of video games in civilian circulation has given rise to the urgent problem of copyright protection for game content.
Types of legal entities under public law in German doctrine and legislation
Authors: Piddubna V.F.
Published: October 2024

This article examines the concepts and types of legal entities under public law in German doctrine and legislation. The legal status of public legal entities is regulated by the provisions of the German Constitution, the German Civil Code, the Law on Administrative Procedures, the Law «On the Procedure for Consideration of Cases Under the Management of Administrative Bodies», the Law «On Administrative Courts». The author examines the issue of determining the criteria for the classification of legal entities, so legal entities under public law are created in an executive order, act to satisfy the public or public interest, have authority, operate in organizational and legal forms of an open type, are responsible for the activities of their officials, legal the regime of property has certain features, in particular, such property can be transferred for use by legal entities under public law. As a rule, legal entities under public law have a special scope of legal capacity, unlike legal entities under private law, in this regard, the article analyzes the doctrine of ultra vires. The author examines the procedure for creating legal entities under public law in Germany, the types of organizational and legal forms of legal entities under public law that carry out their activities in the form of a public corporation, public institution, public fund. The article considers the sources of property formation of legal entities under public law, in particular, it can be income from entrepreneurial activity, budget funds, contributions of members of public corporations, donations (for example, the German State Bank, the German Chamber of Commerce and Industry, the Prussian Cultural Heritage Fund). The article considers four types of public corporations: territorial, united, personal, real. A feature of the activity of public corporations in Germany is the presence of membership, unlike public institutions.
Image of a person as a object of scientific and legal cognition
Authors: Tarasiuk A.Yu.
Published: October 2024

In the article, the author focuses on the relevance of the study of the image of a person as a special object of scientific and legal cognition, which requires a conceptual analysis through the prism of scientific views and approaches. It noted that in connection with the constant changes in the social and legal situation, the information space, and the development of digitization, the issues of determining the place of a person in the relevant processes, of fundamental human rights, as well as the appropriate level of adaptation of legislation to new realities are becoming more and more relevant. Understanding and studying of various concepts, scientific views regarding this issue will make it possible to clarify the peculiarities of the image of a person as an object of scientific and legal cognition. It is substantiated that in cognitive terms it is important to conduct an analysis of the studied phenomenon through the prism of scientific views and concepts, which will allow to generalize its characteristics andimprove the definition. This vector of scientific cognition will allow, first of all, to strengthen the methodological basis for further research of the human image, to define clear boundaries of the subject of scientific cognition, and to establish its cognitive patterns. The article analyzes the image of a person as a special phenomenon identifies, doctrinal approaches to its understanding. The author concluded that the legal aspects of the image of a person as a scientific research problem are research in legal science in a rather fragmentary manner, have a pluralistic nature of doctrinal understanding, require strengthening of scientific legal research, especially in of the general conceptualization of such scientific cognition, have an objectively determined cognitive nature, characterize by deep systemic and structural.
Certain aspects of legal support of ESG-strategy at the enterprise
Authors: Dolhert V.V.
Published: October 2024

The article is devoted to disclosing, from the legal point of view, the peculiarities of implementation and application of an ESG strategy at an enterprise through local acts of the enterprise.
Today’s reality for Ukraine is the forced need to live and develop under the influence of destabilizing factors. A global trend that is designed, among other things, to counteract destabilizing factors is the comprehensive implementation of sustainable development goals. A practical reflection of the implementation of such goals at the level of an individual business entity is an ESG strategy, through the implementation of which a domestic business entity will not only be able to ensure its compliance with the relevant state policy, but will also potentially be able to build a system of counteracting destabilizing factors. In addition, the implementation of an ESG strategy can contribute to the post-war recovery of Ukraine.
One of the goals that can be implemented in the short term is Goal 7, Renewable Energy. Decarbonization is a partial means of solving this problem. An ESG strategy can be used to implement decarbonization processes at the enterprise level, as it contains an environmental component. In addition to the environmental component, the ESG strategy also includes economic and social components, which opens up opportunities for the implementation of almost all sustainable development goals through it.
The most effective model that will contribute to the optimal provision of the legal economic order is the introduction of ESG through a combination of elements of state regulation and self-regulation, but given the overload of the state apparatus, it is still advisable to implement ESG at the level of an individual business entity through the use of self­regulation mechanisms.
One of the most promising legal means for implementing and applying an ESG strategy at the level of an individual enterprise is local rulemaking. For companies that do not have a complex organizational structure, it is advisable to use a single local act - a regulation or a comprehensive company policy. For companies with a complex organizational structure, it is advisable to use such a legal structure as an internal business agreement.
Trends and prospects of investigating cases of anticompetitive concerted actions in the form of similar actions in the light of antitrust reform
Authors: Dyakulych O.O.
Published: October 2024

The article analyzes the peculiarities of the qualification and application by the Antimonopoly Committee of Ukraine (AMCU) and the courts of the institute of «similar actions» (parallel behavior) as a separate form of anticompetitive concerted actions, prosecution for which did not require direct evidence of a violation and the standard of application of which was the economic analysis of the price situation in the market (correlation analysis).
It has been established that the institution of «similar actions» has traditionally been used by the AMCU in seasonally volatile markets which are characterized by the oligopolistic structure of the market or the obvious price leadership of several key market participants (core of the market) the pricing strategies of which were adjusted by all other market participants. It is analyzed that despite the established approaches of the AMCU and courts in the application of the institution of «similar actions» in practice such a standard of proof of «cartel conspiracies» was often criticized by practicing lawyers and economists and generally did not meet the standards of proof of cartel conspiracies in the EU. Despite this as can be seen from the author’s analysis the use of the AMCU of the institute of «similar actions» generally achieved the goals of the state’s antimonopoly policy which was to suppress sharp price disturbances in certain socially sensitive markets including in the markets of electricity and oil products by initiating appropriate investigations of cases of violation of economic competition with subsequent prosecution of participants in «price cartels».
The author analyzes the further conditions and prospects for the investigation of anticompetitive concerted actions in the form of parallel behavior based on the results of further harmonization of Ukrainian competition legislation with the EU competition rules during the second stage of antitrust reform which is designed to raise the standards of application of the institution of anticompetitive concerted actions (and investigation of cases of the corresponding category) with the simultaneous exclusion of the institution of «similar actions» from national legislation.
Current state of legal regulation of economic activities in the field of organizing and conducting gambling
Authors: Kutsevol D.
Published: October 2024

The article is devoted to the issues of characterizing the current state of development of legal regulation of economic activity in the field of organization and conduct of gambling. The development of the gambling industry and market in Ukraine, their impact on social processes, including negative ones, the speed of regulatory reaction, tax revenues and other factors, shows the importance of this type of economic activity in the general economic environment and the need for its comprehensive study.
It was determined that the regulation of social relations of this type of economic activity is characterized by a variety of norms that are involved in this process from different branches of law and the presence of current socially significant problems, the response to which is associated with possible changes to legislation. A separate component of these processes is the effect of martial law in Ukraine and the efforts of the subjects of regulatory and legal regulation to use the discretionary powers granted in connection with this. In turn, such actions, regardless of their positive nature, have law enforcement risks associated with the «legal purity» of the adopted normative legal acts.
The author examines the current state of legal regulation of economic activity in the field of gambling, considers the possibility of alternative approaches to the generalization of the results of such an analysis, depending on the type of economic relations. It was determined that at the current stage of the development of legislation on gambling, the regulation of such economic activity can be carried out not only with the help of special legislation, but also by individual legal acts (Decision of the National Security and Defense Council of Ukraine on the introduction of sanctions), which is contrary to legal principles and the jurisdictional criterion of the origin of regulatory influence. It is concluded that it is necessary to take into account the priority of legislative procedures before the regulatory reaction caused by the resonance of social problems, and it is proposed, taking into account the state of development of the gambling business in Ukraine, to apply special management regimes.
Evolution of social standards and guarantees in the legal system of Ukraine: current challenges and development prospects
Authors: Nalyvaiko I.O.
Published: October 2024

The study is devoted to the evolution of social standards and guarantees in the legal system of Ukraine, the analysis of modern challenges in the field of social protection and the determination of prospects for their further development. In the conditions of economic and political transformations, ensuring the appropriate level of social standards is an urgent task. The article examines the historical development of social standards from the Soviet period to the modern stage of Ukraine’s integration into the European legal space. The impact of international law, in particular the European Social Charter and ILO conventions, on the formation of social standards is analyzed. The importance of adapting national legislation to international standards for increasing the level of social protection and bringing Ukrainian policy closer to European standards is emphasized. The influence of economic and social factors, such as crises, demographic changes, social inequality and migration processes, which create serious challenges for the state, is considered. Special attention is paid to social guarantees for vulnerable population groups, such as pensioners, people with disabilities, internally displaced persons and combatants. The main problems of these groups in the realization of the rights to social protection were identified and recommendations were given for improving the mechanisms of social support. The author emphasizes the need to reform social policy to create a more effective and fair system of social protection. Contemporary challenges in the implementation of social standards are explored, including economic instability, demographic changes, military conflict, inefficiency of public administration, and corruption. Emphasis is placed on a comprehensive approach to overcoming them, increasing the financial stability of the social system, improving legal regulation and cooperation with international organizations. Prospects for the development of social standards depend on the state’s ability to ensure the sustainability of social policy, adapt legislation to international standards, and increase the availability of social services. The successful implementation of these measures will contribute to Ukraine’s integration into the European legal space, which is strategically important for the country’s development. The article offers a comprehensive analysis of the evolution of social standards in the legal system of Ukraine, identifies the main challenges and provides recommendations for the further development of social policy.
Characteristics of the legal status of an individual entrepreneur
Authors: Tsymbal V.
Published: October 2024

The article examines the peculiarities of the legal status of an individual entrepreneur in the course of entrepreneurial activity. The relevance of the study lies in the fact that an individual entrepreneur is the most popular form of doing business in Ukraine due to a fairly simple registration procedure, low administration costs, and the possibility to use the simplified taxation system The purpose of the article is to determine the main characteristics of the legal status of an individual entrepreneur. The author examines the interpretation of the concept of an individual entrepreneur in the legal literature. The author establishes that the legal status of an individual entrepreneur is the legal status which certifies the right of a citizen to engage in entrepreneurial activity, in particular, independent, systematic, initiative, at his/her own risk economic activity carried out by an entrepreneur with a view to achieving certain economic and social results and making a profit. The author considers the main legal acts regulating the activities of individual entrepreneurs in Ukraine, in particular, the Constitution of Ukraine, the Civil Code of Ukraine, the Commercial Code of Ukraine, the Tax Code of Ukraine, the Law of Ukraine «On State Registration of Legal Entities, Individual Entrepreneurs and Public Organisations», decrees of the President of Ukraine, resolutions of the Verkhovna Rada of Ukraine, and resolutions of the Cabinet of Ministers of Ukraine. The author analyses the peculiarities of registration of individual entrepreneurs, their basic rights and obligations. The author identifies the peculiarities of taxation of activities of an individual entrepreneur, in particular, the peculiarities of the general and simplified taxation systems. The general taxation system provides for the payment of personal income tax on a progressive scale, as well as military duty and a single social contribution. The simplified taxation system is divided into several groups, each of which has its own restrictions on the amount of income and the number of employees. The most popular is the second group, which allows you to run a business without employees and with a limit on income up to a certain amount. The article briefly describes how the beginning of the full-scale invasion and martial law affected the activities of individual entrepreneurs.
Sportsman’s employment contract: problematic issues and prospects for their solution
Authors: Pushkarov Ye.K.
Published: October 2024

Individual contractual regulation, which reflects the real needs of the development of relations between an employee-athlete and an employer-sports organization, plays an important role in regulating the labor activities of athletes. Thus, the employment contract concluded with an athlete contains a number of conditions that objectively and significantly individualize his work, i.e. conditions inherent only to this category of employees. Moreover, it enshrines differential conditions for each specifically defined employee­athlete. The purpose of the article is to consider the specifics of the labor contract concluded between an employee-athlete and an employer­sports organization. It was concluded that the labor relations of a professional athlete should be regulated precisely by the norms of labor law and a special law on professional sports, which regulates the entire complex of relations between the state and participants in professional sports, although today there are opinions that the work of professional athletes should be provided with the help of civil - legal regulation. It is noted that, as of today, the main national law in the field of sports - the Law «On physical culture and sports» dated 12.24.1993 concerns only the general foundations of activities in the field of physical culture and sports, at the same time, it does not even contain an acceptable definition of such a concept as «labor contract with a professional athlete». Therefore, it is proposed to supplement the specified Law with a norm to provide for the definition of an employment contract with a professional athlete. In particular, as an employment agreement between an employee­athlete and an employer-sports organization with all appendices, changes and additions, concluded in accordance with the legislation of Ukraine, on the basis of which labor relations arise regarding the preparation and participation of the athlete in competitions for a monetary reward paid by the club. At the same time, in addition to defining and enshrining at the legislative level the concept of an athlete’s employment contract, the proposal to develop a standard form of contract with athletes of various sports was supported, the development of which should be based on the main directions of the joint sports activities of the athlete and the sports organization, which directly consists in the preparation athlete to a successful performance at competitions.