bluuebunny/crossref_metadata_2025 huggingface dataset:
To the issue of ensuring equal rights and opportunities for women and men in the field of business in Ukraine
Authors: Tokunova A.V. , Roshkanyuk V.M. , Bai O.S.
Published: December 2024

The article is devoted to the formulation of proposals on ways to ensure equal rights and opportunities for women and men in the field of business as a sphere that provides a foundation for the functioning of the economic system of Ukraine. Based on the results of the conducted research, it was concluded that without defining a common basis for the business environment, society, and the state in the issue of ensuring equal rights and opportunities for women and men, gender gaps in the field of business will remain insurmountable. In this context, the full implementation of the UN Guiding Principles on Business and Human Rights, considering the gender perspective, has significant potential to become a universal common platform and conceptual framework for achieving positive transformational changes in Ukraine. It is noted that special attention should be paid to developing and implementing human rights due diligence tools, taking into account a gender-oriented approach and following legislative documents and guidelines that are respectively approved and being developed in the European Union. It was concluded that the UN Guiding Principles can become a guide for further modernization of legislation, including economic legislation, which will allow a more comprehensive approach to solving existing problems and involving the maximum number of stakeholders. It was also emphasized on the expediency of ensuring the effective collection of sex-disaggregated data that would enable the assessment of the actual situation in the business sector in Ukraine, including towards ownership aspects and decisive influence on the activities of business entities and other legal entities. Also, it was proposed to amend the current legislation and add gender data to the list of mandatory information entered into the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations, regarding individual entrepreneurs, managers, founders (participants), ultimate beneficial owners of legal entities, and managers of separate divisions.
The genesis of the idea of equality in Ukraine (second half of the 14th – first half of the 17th century)
Authors: Bohatiuk O.V. , Martyniuk O.V.
Published: December 2024

The article is devoted to the study of the development of the idea of equality before the law and before the court as a component of the general principle of equality in Ukraine during the second half of the 14th - the first half of the 17th century.
The authors emphasize that the legal structure of the Ukrainian principalities, which were part of the Grand Duchy of Lithuania with the rights of autonomy, did not change for a long time, and therefore the principles and norms of law developed during the princely era dominated until the middle of the 15th century, and in the field of justice - to the middle of the 16th century. At the same time, the complication of social relations gradually led to changes in the state-political organization and social-legal spheres. The social strata that began to form during the princely period began de jure to form into estates, among which the magnates were at the top of the social hierarchy, and later - the nobility (from the middle of the 16th century).
The authors conclude that during the studied period, the idea of equality before the law and before the court evolved as a component of the general legal principle of equality. For the first time, it was officially established by the norms of the Sudebnyk Casimir IV in 1468, and later by the norms of the Lithuanian Statute. The declaration of this dominance in the conditions of existence of the medieval state had a rather progressive meaning, but the state-hierarchical social organization made its content mostly declarative.
The idea of equality before the court was realized as fully as possible in the activities of ancient customary legal institutions, a special place among which was occupied by the institution of a court of justice. It was an effective body of justice of the Ukrainian people, and its practice contributed to the preservation of the ancient Ukrainian legal tradition in the field of justice. The rules of conduct (common law) developed over many centuries by courts of justice not only ensured access to justice for broad sections of the population, regardless of social status, but also cultivated universal human values, among which the idea of equality of all before the law and before the court occupied a special place.
Constitutionalization of international law: theoretical and legal analysis
Authors: Pyroha I.S. , Byelov D.M.
Published: December 2024

It is indicated that in the modern conditions of globalization and European integration, the study of the interaction of constitutional and international law acquires special relevance. Constitutional law, being a fundamental branch of national law, is increasingly influenced by international legal norms and standards, which makes it necessary to rethink traditional approaches to understanding its place in the legal system.
The article provides a comprehensive theoretical and legal analysis of the process of constitutionalization of international law and the formation of international constitutional law as an independent subfield. The main trends of the transformation of international law in the conditions of globalization are studied, in particular: increasing the role of non-state actors, rethinking the concept of state sovereignty, deepening the interaction of international and national law, forming a hierarchical structure of international legal norms.
The concept of common values of the world community as a fundamental basis of the constitutionalization of international law is analyzed. Special attention is paid to human rights as a component of international constitutional law and their subsidiary function in relation to national legal systems. The phenomenon of transnational constitutionalism and its influence on the formation of a new global legal order are considered.
The problem of the transformation of the subject composition of international law and the transition from the traditional theory of sovereignty to multi-level constitutionalism is studied. The need to develop a new methodology for the study of the international legal order, which combines the approaches of constitutional, administrative and international law, is substantiated.
On the basis of the conducted analysis, the possibility of distinguishing international constitutional law as an independent sub­branch of international law is argued, given the uniformity of legal regulation and the formation of a specific methodology. Particular attention is paid to the relevance of the constitutional and legal dimension of international cooperation in countering aggression, terrorism and genocide in the context of russian aggression against Ukraine.
Inheritance relations under martial law: peculiarities of legal regulation
Authors: Horpynych L.I.
Published: December 2024

The article analyzes the peculiarities of legal regulation of inheritance relations in the conditions of martial law. It was determined that the study of inheritance problems is due to the need for further improvement of the mechanism of implementation and protection of human rights and interests, in particular property rights, in the conditions of a market economy in a democratic, legal state. In the conditions of martial law in Ukraine, this issue becomes extremely important due to the occurrence of significant obstacles in the implementation of the right to inherit.
In the process of research, it was established that the introduction of a special legal regime, including martial law, always acts as a basis for limiting the basic rights and freedoms of a person and a citizen, in particular, in relation to the realization of property rights, for example, inheritance. It was found that during the period of martial law, appropriate changes were made to the legislation of Ukraine to regulate inheritance relations. It was found that the place of opening of inheritance is the last place of residence of the testator, and if the place of residence of the testator is unknown, the place of opening of inheritance is the location of immovable property or its main part, and in the absence of immovable property - the location of the main part of movable property.
It has been established that a six-month deadline is set for accepting inheritance, but if a person died during martial law and the state registration of death was carried out later than one month after his death, the time limit for accepting inheritance is calculated not from the moment of actual death, but from the moment registration of death by state authorities. If a person died in the temporarily occupied territories or in some other city, the heirs turn to a notary public and cannot substantiate the date of death, then for such persons the term is calculated from the moment the fact of death is entered in the State Register of civil status acts of citizens.
It was determined that the introduction of the legal regime of martial law in Ukraine required the introduction of appropriate changes to the national legislation, in particular regarding inheritance relations, in order to establish and ensure human rights and freedoms in the new realities. The introduced changes provide an opportunity to protect the rights of heirs in the best possible way.
The legal characteristics of the contract concluded as a result of public procurement
Authors: Zaiats O.S.
Published: December 2024

The relations in the field of procurement of goods, works and services for budgetary funds to meet the needs of enterprises, institutions and organizations in goods, works and services are one of the forms of cooperation between the state and subjects of economic activity. The use of public procurement involves certain procedures and mechanisms set out in the Law of Ukraine ‘On Public Procurement’ and a number of bylaws. For example, the specifics of public procurement of goods, works and services for customers provided for by the Law of Ukraine ‘On Public Procurement’ for the period of martial law in Ukraine and within 90 days from the date of its termination or cancellation are regulated by the Resolution of the Cabinet of Ministers of Ukraine No. 1178 dated 12.10.2022. The procurement agreement is the instrument and form that ensures the implementation of the regulation of relations in connection with the procurement of goods, works and services for budgetary funds. In this regard, the detailed theoretical analysis of the legal nature of this contract and its characterization have become urgent tasks of the national legal science.
The essential terms of the procurement contract shall not differ from the content of the tender offer of the winner of the procurement procedure / simplified procurement or the agreed price of the participant’s offer in case of negotiation procedure, and shall not be changed after its signing until the parties have fulfilled their obligations in full, except in cases determined by law. The procurement agreement is a civil law, consensual, fixed-term, paid transaction by its legal nature and is bilateral. The procurement contract cannot be classified as a particular classification group of contracts (for the transfer of property, for the performance of works, for the provision of services, etc.) Depending on the subject matter, the respective procurement contract will be regarded as belonging to a particular group of contracts. At the same time, when determining the thresholds (criteria) for the application of certain public procurement procedures, it is necessary to proceed from the conceptual framework of the Law of Ukraine ‘On Public Procurement’ (for example, lease will be treated as a service, however, the essential terms will be determined based on the legal regulation of this particular type of property transfer agreement).
The phenomenon of agricultural cooperatives in the current legislation of Ukraine: civil law aspects
Authors: Zelisko A.V.
Published: December 2024

The article deals with the problem of legal regulation of agricultural cooperatives which has arisen due to the adoption of the new legislative act “On Agricultural Cooperation”. The author examines this problem in terms of the lack of systematic legal regulation of cooperatives and emphasises that agricultural cooperatives under current legislation are different from other cooperatives operating in Ukraine.
The author’s thesis on the distinctiveness of agricultural cooperatives is based on their special legal characteristics: the legal regime of property, specific features of management and specific features of the object of property rights of members of an agricultural cooperative. The article criticises the indication of a special act according to which agricultural cooperatives are not subject to the provisions of the Law of Ukraine “On Cooperation”.
The author emphasises that this situation contradicts the logic of legal regulation of cooperatives. According to the laws of legal technique, the Law ‘On Cooperation’ is general in relation to the newly adopted regulatory act. Accordingly, the latter should be based on and comply with their provisions, as it is intended to regulate only cooperatives in the field of agricultural activities. Nevertheless, the provisions of this Law, in terms of their content, look as if the above-mentioned general regulations do not exist.
The article is based on the assertion that the current legislation establishes fundamental changes in the status of agricultural cooperatives. In particular, the legislator abandons the structure of a mutual fund, replacing it with the authorised capital. As a result, the object of ownership of a cooperative member is technically replaced from a share to a share in the authorised capital. A similar transformation mechanism applies to the introduced patronage dividends, which are a part of the financial result (profit) of an agricultural cooperative operating for profit. The author’s analysis of the current legislation has led to the conclusion that there is a new special form of cooperative which is fundamentally different from the existing types of cooperatives.
The principles of civil proceedings in Ancient Rome: a historical and legal review
Authors: Kotvaykovskiy Y.O. , Obodyeva K.Y.
Published: December 2024

In the article, the authors analyze the genesis of the principles of national civil procedure based on the analysis of Roman law. It is noted that the principles of civil procedure of Ancient Rome laid the foundation for most modern legal systems around the world. The Roman legal tradition, with its complex structures and convincing philosophy, is an important source of knowledge not only for scholars and higher education students, but also for practicing lawyers. The principles of civil procedure in ancient Rome stem from a comprehensive understanding of how the legal system functioned. At the heart of these principles is a complex system designed to uphold justice, promote fairness, and ensure access to the courts for all citizens. In ancient Rome, judicial proceedings were governed by a set of principles that were known primarily from customary practice and later codified in sources of law such as the Corpus Juris Civilis. These principles were intended to balance the scales of justice among the competing interests of various stakeholders, including individual litigants, the state, and society as a whole. Each principle functioned not only as a rule, but also as a reflection of broader societal values encompassing the concepts of fairness, accountability and integrity of the judicial process. In this article, the authors analyze the rule of law, the principle of dispositivity, the principle of competition, the principle of publicity, the principle of transparency, and the principle of justice.
Based on a critical analysis of the views of scholars presented in legal science, the authors conclude that it was the Roman civil procedure that became the foundation for the formation of the principles of civil procedure of many modern legal systems, which provide invaluable insights into the nature of justice, formalism and the role of law interpretation. Roman law remains an important topic in legal research, providing fundamental knowledge about the evolution of legal institutions and procedures. It allows modern lawyers to understand the reasons for many modern legal innovations. As legal systems continue to evolve, the principles of civil justice originating in ancient Rome will undoubtedly influence current discussions about justice, equality, and the rule of law.
Establishment and activity of the State Senate of the Ukrainian State in 1918
Authors: Vovk Y.Ye.
Published: December 2024

The article examines the process of formation and operation of the State Senate of the Ukrainian State in 1918 on the basis of archival materials. It is noted that at the initial stage of its activity, the highest judicial body of the Ukrainian State was the General Court, which was established during the period of the Central Rada.
Skoropadskyi questioned the expediency of establishing the General Court and subsequently passed a law establishing the State Senate as the highest court in the judicial system of the Ukrainian State.
The scope of the State Senate’s competence and the procedure for proceedings were largely regulated by the legislation of the former Russian Empire. The highest judicial body consisted of senators and the President of the Senate. The State Senate was divided into administrative, civil and criminal general courts.
The law established qualification requirements for candidates for the position of senator, including a law degree and at least 15 years of work experience. Senators were prohibited from holding positions in the executive branch, but in practice there were cases of combining positions. They were allowed to engage in teaching activities.
All senators and presidents of general courts were appointed by order of P. Skopopadskyi on the proposal of the Minister of Justice. If a criminal case was initiated against a senator, he was temporarily suspended from performing his duties.
It was found that a significant number of former judges of the General Court were appointed to the State Senate. In general, the highest judicial body is staffed by qualified professionals.
The language of official business documents in the State Senate was both Russian and Ukrainian. In some cases, office work was conducted in both languages in parallel. Sometimes only Russian was used.
To ensure the successful functioning of the State Senate, the staff of the chancellery was approved. All documents of the State Senate were duly registered. The structure of the offices of the general courts was determined by temporary instructions approved by the prosecutors of the respective courts.
Based on the analysis of archival materials, the author establishes the number of criminal, civil and administrative cases which were submitted to the State Senate and which were resolved.
Institute of non-contractual obligations in the European legal system
Authors: Luhyna E. , Kochyna O.
Published: December 2024

It is noted that non-contractual obligations belong to the sphere of regulation of national and international law. It is emphasized that most of the norms of civil legislation in European countries are devoted to the grounds and conditions for the emergence of binding legal relations. Non­contractual obligations are described as a group of legal obligations. The authors observe that, despite the diversity, non-contractual obligations are not sufficiently regulated at the international level and little researched in the scientific community. The goal of the scientific research is relevant, which consists in the analysis of the norms of private international law in Europe and the principles that regulate the sphere of non­contractual obligations, the characteristics of the main methods of conflict resolution in the international legislation of European countries, and the establishment of the significance of the process of unification of the norms of private international law at the level of EU legislation . It has been established that non-contractual obligations are distinguished from contractual obligations by the fact that it is impossible to predict all the reasons for their occurrence, because they arise without an agreement or contract between the parties entering into them. The fact that non­contractual obligations are considered to be the oldest type of legal relationship enshrined in law is emphasized, because one of the reasons for their occurrence is torts. In modern legal regulations, two types of non-contractual obligations are distinguished: delict obligations and quasi-delicts. The list of grounds for the occurrence of non­contractual obligations, which are regulated in the legislation of foreign countries and Ukraine, is given. The authors’ attention is focused on the problem of conflicts of norms of international law regarding the regulation of non-contractual obligations, which arises as a result of the fact that the institution of non-contractual obligations has developed over the centuries in each country individually in accordance with its legal customs and social norms. A characterization of the main bindings or attachment formulas was carried out, which help, on the basis of certain legal grounds, to determine the extent of the right of one or another state to regulate social relations in the presence of certain conflicts. It is emphasized that the lack of a single procedure for resolving conflicts regarding non-negotiable obligations in international law caused the process of unification of international norms in this area, but in Europe this process started relatively recently, and suffered several failures. It was concluded that today there is no clear unified system of legal norms regulating non-contractual obligations, unlike contractual ones. Such important documents as: DCFR, EU Regulation No. 864/2007 on the law applicable to non-contractual obligations (Rome II Regulation) and Principles of European Tort Law formed by the European Tort Law Group were considered.
Features of civil rights execution of participants in sale and purchase agreements
Authors: Panchenko S.V.
Published: December 2024

The article is devoted to the defining the main features of the exercise of the civil rights of the participants in sales contracts. Central to the contractual obligations of purchase and sale are subjective civil rights to transfer property into ownership, the main feature of which is the transfer of ownership from one person (seller) to another (buyer). It is indicated that the exercise of ownership rights and the exercise of civil rights in contractual obligations are closely intertwined, however, are not identical.
The principles of the exercise of rights by participants in contractual obligations of purchase and sale are the principles of the rule of law, legality, free expression of will, the principle of freedom, the principle of equality of conditions for the exercise of property rights, freedom of entrepreneurial activity, and the principle of inviolability of property rights.
Two types of subjective rights are distinguished in the contractual purchase and sale obligations, namely, the rights that result from the conclusion of such a contract - for example, the right of ownership, and civil rights that the participants execute in the dynamics of the contractual purchase and sale obligation. The nature of the subjective right also depends on the fact whether this right will be exercised by one specific action, or will involve the implementation of repeated actions.
It is indicated that the rights in the sales contract can be executed only by taking active actions, because it is impossible to refrain from doing them in such a contract. Such active actions in the contract of sale consist in the simultaneous alienation of the right of ownership from the seller and the emergence of the right of ownership from the buyer.
It has been proven that the moment of realization of the right of ownership depends on the moment of realization of the rights under the contract of sale, namely depending on the moment of conclusion of the contract (real or consensual), on the form of the contract - oral, simple written or electronic, notarization of the contract, as well as depending on state registration of ownership of real estate.
It has been analysed that the limits of the exercise of civil rights in the contractual obligation of purchase and sale should be considered in its dynamics (conclusion, execution and termination). In the contract of sale, the participants can protect their right through self-defense through the use of appropriate measures of operational influence.
Electronic evidence in the context of the principles of civil procedural law
Authors: Parasyuk M.V.
Published: December 2024

The article examines electronic evidence in the context of the principles of civil procedural law. The goal is the formation of a conceptual basis for the use of information technologies in civil proceedings in relation to the principles of civil proceedings in their systemic understanding, which will take into account the interrelationship and impact of one change on another change. This will ensure the rational use of information technologies, preserving the basic principles of civil justice. The object is the legal relations that arise between the court and other participants in the process, related to the implementation of the principles of civil justice when using information technologies to resolve civil cases. The subject was civil procedural legal relations in the context of implementing the principles of civil procedural law when using information technologies in the civil process. The adaptation of the civil process to the use of information technologies is manifested in the presence of program and framework provisions that exist at the state and international level in accordance with the regulatory framework of the European integration of Ukraine. It is indicated that the electronic proof should not necessarily be issued in documentary form. Electronic evidence should be distinguished as an independent type of evidence due to its specific features. The criteria for the admissibility of electronic evidence must be determined in terms of specificity in accordance with the existing evidence criteria. A positive example of the regulation of electronic evidence is the Guidelines of the Committee of Ministers of the Council of Europe on online dispute resolution mechanisms in civil and administrative proceedings, adopted in 2019, which establish legal norms regarding electronic evidence and ensure the most optimal version of use in the civil process. The principles of competitiveness, dispositive, transparency, independence, and availability of electronic evidence were considered. It is noted that, taking into account the systemic nature of the principles of the civil process, in addition to the ones mentioned above, other principles would undergo some transformation.
Correlation of categories of "transparency", "visibility" and "publicity" when revealing the content of the principle of publicity and transparency in civil judiciary of Ukraine
Authors: Timonov A.I.
Published: December 2024

The author of the article has substantiated the relevance and necessity of further in-depth scientific research of the content and significance of the principle of publicity and transparency in civil judiciary of Ukraine. The author has studied the problem of correlation of the categories of “transparency”, “visibility” and “publicity” when revealing the content of the principle of publicity and transparency in civil judiciary of Ukraine. It has been emphasized that the changes that had recently taken place in the economy, politics and law of Ukraine affect the development of the doctrine of legal principles, in particular, the development of the theory of principles of civil procedural law.
The author of this work argues the thesis that the specified basis should be currently considered as two main requirements for the court, which has to be indicated in the title of this principle - the principle of publicity and transparency in civil legal proceedings of Ukraine. This conclusion, as it has been already noted, is particularly confirmed by the updated civil procedural legislation.
Taking into account the national civil procedural legislation, the provisions of international legal acts, the ECHR case-law, one can make a conclusion that the substantive provisions of the principle of publicity and transparency of civil legal proceedings should contribute to the tasks of the judiciary, directly to a fair trial, whose guaranteeing is one of the fundamental principles of a democratic society in terms of the Convention (paragraph 56 of the ECHR judgment of 10 December 2009 in the case of “Shagin v. Ukraine”, paragraph 79 of the ECHR judgment of 4 December 2008 in the case of “Belashev v. Russia”). A mandatory component of the principle of publicity and transparency of civil legal proceedings is its openness, since the refusal of the national authorities to inform the applicant about the date and time of the hearing in this case was considered as a violation of publicity of the trial (paragraph 40 of the ECHR judgment of 8 November 2005 in the case of “Strizhak against Ukraine”).
The author of the article has proved that the implementation of the principle of publicity and transparency of civil judiciary takes place, on the one hand, by achieving the tasks and purpose of civil legal proceedings, and on the other, by implementing the right to a fair trial and one of its components - the right to access to justice.
Participation of an independent member of the supervisory board (board of directors) in corporate governance: comparative legal research
Authors: Blazhenko T.
Published: December 2024

The article analyzes the institution of an independent member (independent non-executive director) of the supervisory board (board of directors) of a joint-stock company in the USA, Great Britain and China.
It is concluded that UK corporate law does not contain clear criteria for differentiating non­executive from executive directors. Therefore, independent non-executive directors have the same duties and are legally liable as executive board members. They are subject to the duties of directors contained in the Companies Act. British law emphasizes the non-executive director’s independence from the company and its management, rather than the non-executive director’s dependence on the shareholders.
The article systematizes a set of legal acts that are the sources of legal regulation of the US independent directors, namely: 1) listing standards of stock exchanges (New York Stock Exchange and Nasdaq); 2) regulatory acts of the Securities and Exchange Commission; 3) laws of the state where stock corporation is registered.
Attention is paid to legal regulation in China. The author notes that the existing system of regulating the legal status of an independent director actually does not fulfill the functions assigned to an independent director. Chinese corporate governance system should be aimed at limiting the power of management and better protecting the interests of minority shareholders. However, its role is not adequately fulfilled because Chinese listed companies are usually controlled by a single majority shareholder.
The author concludes that two types of independent directors have spread in world practice: the American one, in accordance with which the position of an independent director is established in a mandatory manner in corporate law; English, according to which the norms regarding the independent director are of a recommendatory nature, taking into account the principle «comply or explain».
It is concluded that there are no single criteria for the concept of independence in the law of the studied countries, as well as a list of requirements for independent executive directors. Thus, the independence of an independent director remains a subjective category, and the evaluation criteria are formed based on the socio-economic conditions of the country.
Some legal aspects of the territorial community as a subject of law
Authors: Piddubna V.
Published: December 2024

It is indicated that in the system of civil legal relations, territorial communities act as equal subjects along with other participants. However, modern legal doctrine and current legislation are characterized by the lack of a unified understanding of the legal status of territorial communities. In addition, the issues of their legal personality and the peculiarities of the mechanisms for implementing their participation in civil legal relations remain insufficiently studied.
In the article, the author examines territorial communities as subjects of law. The author considers approaches to the legal nature of the territorial community, the article analyzes the concept of the territorial community, theories of origin and signs. The article examines the legal status of municipalities in Germany as legal entities under public law, the latter belong to public corporations operating on the basis of membership, state supervision of the activities of such corporations must be established. The author analyzes the issues of possession of legislative, administrative, personnel sovereignty by German municipalities. The article analyzes the characteristics of a territorial community as a legal entity: organizational unity, the presence of property, civil liability, and circulation on its own behalf. The article analyzes judicial practice regarding the issue of legal personality of a territorial community. Thus, the territorial community is a subject of civil legal relations, which participates in these legal relations on an equal basis with natural persons, legal entities and the state. At the same time, the recognition of legal capacity by a territorial community by virtue of a direct norm of the Central Committee of Ukraine excludes the need to obtain such status through state registration as a legal entity under public law. The author considers the legal form of participation of the territorial community in civil relations. Thus, analyzing the current legislation, territorial communities can create legal entities under public law, in particular, the creation of communal enterprises, joint communal enterprises, educational institutions. The article pays attention to the analysis of judicial practice regarding the responsibility of the local self­government body for the activities of established communal enterprises. The author considers the issues of forms of management of communal property, the article outlines the legal problems associated with the definition of the legal regime of the property of a communal enterprise, the characteristics of objects of communal property law.
The impact of self-regulatory organisations and other business associations on the development of responsible business
Authors: Soshnykov A.O.
Published: December 2024

Recently, Ukrainian business has demonstrated a willingness to further unite (both sectoral and cross-sectoral) and has taken appropriate practical steps in this direction. This is primarily due to various external challenges and threats faced by domestic business, as well as business rethinking its role in society. The activities of self- regulatory organisations and other associations in the professional (sectoral) field are becoming more widespread.
The article examines the impact of self- regulatory organisations and other business associations on the activities of individual business entities, as well as on the development and establishment of a responsible business environment.
The article analyses the types of self­regulation; goals and objectives of self-regulatory organisations and other business associations; recent legislative initiatives to ensure legal support for the activities of self-regulatory organisations in Ukraine, as well as foreign experience of legislative regulation of self-regulation (for example, the Republic of Kazakhstan, where the relevant law ‘On Self-Regulation’ was adopted).
The study found that the absence of a single legislative act (unified legal framework) hinders the establishment of the self-regulatory institution and restrains the development of business on the basis of socially responsible management.
It is noted that, compared to delegated self­regulation, it is voluntary self-regulation that indicates the maturity of companies that are ready to unite and take on additional obligations.
It is established that self-regulatory organi­sations and other business associations have a significant impact on business. A classification of this impact is provided.
It is determined that effective self-regulatory organisations or other business associations, by their very nature, should continue to become real agents of change, which, in particular, contribute to the spread of the concept of socially responsible business in Ukraine at various levels.
The author substantiates proposals for preventing dishonest business entities from using their participation in self-regulatory organisations or other business associations.
The legal concept of the rights of consumers of virtual services protection
Authors: Chernykh O.S.
Published: December 2024

The article explores the legal aspects of consumer protection in the context of virtual assets (VAs) in Ukraine. The rapid growth of cryptocurrencies and blockchain technologies highlights the need for legislation aligned with the positive experiences of the EU and the UK. Ukrainian legislation, particularly the «Law on Virtual Assets,» is still under development, making it essential to integrate international best practices, such as the EU’s Markets in Crypto-Assets Regulation, which ensures high consumer protection standards. Safeguarding consumer rights should be a cornerstone of the new legislation, as virtual asset users face risks such as fraud, financial pyramids, and gambling addiction. A key regulatory challenge is the need to clearly differentiate between crypto-assets functioning as financial instruments and those with characteristics akin to gambling. The study of international experience in the field of regulation of virtual assets, currently, almost ignores institutions for the protection of consumer rights, at the same time, when the market of virtual assets suffers the most from fraud, theft of assets, activities of illegal casinos, financial pyramids that harm market subjects and lead to multibillion dollar losses. The importance of highlighting the concept of protecting the rights of consumers of virtual assets in Ukraine is also connected with the negative experience in the regulation of three major banking crises that affected the entire population of Ukraine. Leveraging international experience will help protect consumers’ interests and foster the development of a stable and transparent cryptocurrency market in Ukraine. Particular attention in the article is devoted to distinguishing the mechanisms of state regulation of gambling and the study of this issue in the context of the regulation of investment offers to individuals from crypto market subjects. The existing draft laws and the general trend of development of the regulation of virtual assets in Ukraine, without proper strict regulation of consumer rights protection, may lead to financial crises and abuses in the markets, which will lead to negative consequences in the economy.
Punishment as a type of legal responsibility in the scientific heritage of ukrainian scientists – supporters of the positivist paradigm of the mid-XIX – early XX century
Authors: Mudryievska L.M. , Torop M.O.
Published: December 2024

The article is devoted to the study of the interpretation of the essence and nature of punishment as a component of legal responsibility, which allows you to effectively respond to changes in social relations and ensure the principle of justice, which is necessary to maintain balance in society and the state. The article examines different approaches to the interpretation of the nature of punishment in the writings of jurists - supporters of the positivist paradigm of law, who worked in Ukraine in the middle of the 19th and early 20th centuries. Modern discussions focus on important aspects of legal responsibility, especially regarding its stability and dynamism in the conditions of global challenges for the existence of humanity. Legal responsibility and justice are closely related because it serves as a tool to achieve justice in any legal system. Changes in social values significantly affect the perception and role of punishment as a mutual process between a person and society. Punishment affects not only the person of the criminal, but also society, which needs a visible reaction to the violation of the balance and justice of social existence. It is important to maintain a balance between stability and dynamism of legal responsibility: stability gives the legal system reliability, while dynamism allows it to adapt to modern conditions and needs of society. Analyzing different views on the essence of punishment, the authors found out that famous scientists - L. Vladimirov, O. Kistiakivskyi - share several common views. First, they did not consider legal responsibility to be an independent legal institution inherent in certain branches of law. Second, they considered punishment within the framework of criminal law and considered the nature of responsibility depending on many factors. They provided a structured classification of punishments depending on specific factors affecting the use of a certain type of punishment. They were supporters of the humanization of punishments and considered the very process of serving the punishment not so much as the suffering of the criminal personally, but as his re­education and socialization.
Transformation of labor relations in conditions of digitalization
Authors: Anatiychuk V.V.
Published: December 2024

The article analyzes the general theoretical aspects of the transformation of labor relations in view of the development of information technologies. The labor market and employment are undergoing significant changes due to various factors that characterize the global economy.
In particular, progress in technologies, the emergence of non-standard forms of employment, demographic shifts, rapid urbanization, scarcity of resources, climate change, wars, epidemics of various kinds affect all spheres of life and accelerate the processes of transformation of social relations in the sphere of work,
Digitization of the economy and production shifts its emphasis to the Internet environment, where the success of work depends on digital capital.
It is noted that the transformation of labor activity means changes in social and labor
 
relations, where modern technologies form a digital labor market, digital employment, and a digital workplace. The gig economy sector is forming new work models characterized by long and short duration, contractual nature of working conditions. Digitalization entailed a radical transformation of labor relations, changing the nature of labor relations, changing communication between the employee and the employer, ensuring the confidentiality of information, and the emergence of new forms of employment using software platforms. All this brought significant changes to the labor legislation regarding remote work, home work, the introduction of electronic document management, etc.
It is asserted about the need for reform, ensur­ing the flexibility of labor legislation and optimal coordination of the interests of the employee and the employer in labor relations.
It is noted that digitalization has significantly changed the organization of work at enterprises, institutions, and organizations. Today, the work process functions and is managed in a remote mode, which cannot fail to reflect both the status of the specialist and his functional duties. Signif­icant changes are also taking place in the area of labor migration.
The fundamental task is the development of conceptual foundations for the development of non-standard labor relations.
It is necessary to develop new approaches to the training of personnel and their entry into the labor market in the conditions of the digital economy.
Dress code rules and employee discrimination
Authors: Bodnaruk M.I. , Burka A.V.
Published: December 2024

The article notes that dress code and uniform are concepts that are often used in practice as synonyms, but in fact they are not identical. A uniform is a uniform outfit made specifically for employees of a particular enterprise, institution, organization, and their structural units. Unlike uniforms, a dress code is a requirement to follow certain guidelines regarding the appearance of employees, primarily clothing. In other words, a dress code is a list of rules and guidelines regarding the clothing that is allowed or prohibited to be worn. The main purpose of introducing a dress code for employees is to ensure a professional and cohesive appearance that is consistent with the company’s image and values.
The authors of the article point out that the Labor Code of Ukraine, the basic regulatory act for labor relations, does not contain such concepts as “dress code” or “uniform”, and there are no provisions on the mandatory nature of the dress code rules for employees, since its introduction is the right of the employer.
The article emphasizes that in practice, there may be cases when the established dress code will violate the rights of employees, namely, will be discriminatory, although it can be quite difficult to prove that the established dress code is discriminatory, since in many cases it is quite legal.
When developing a workplace dress code, employers should prioritize inclusiveness and gender neutrality to avoid discrimination. The introduction of religiously neutral dress codes can only be objective if a number of conditions are met, as emphasized by the European Court of Human Rights in its judgment of July 15, 2021.
The author concludes that the absence of legally defined requirements for a dress code, namely, general criteria and features which should be taken into account in case of its introduction for employees of any enterprise, institution or organization, on the one hand, gives the employer freedom of action, and on the other hand, may lead to violation of employees’ labor rights, namely, their discrimination on the basis of gender, religion, health status or disability. Despite the rapid development of society in the direction of equality, promotion of tolerance to employees regardless of their race, gender, skin color, age, religion, the dress code, no matter how strange it may sound, may become the cornerstone of stumbling blocks where the equality of labor rights of employees may not be taken into account or partially taken into account.