bluuebunny/crossref_metadata_2025 huggingface dataset:
Public Services as an Object of Financial Control
Authors: Shopina I. M.
Published: February 2024

The purpose of the article is to determine the essence of a public service as an object of financial control.

The article determines that the provision of public services by state and municipal institutions requires the expenditure of significant amounts of funds from state and local budgets. Disposal of large amounts of funds gives rise to corruption risks, which have a negative impact on the integrity of officials of state and municipal authorities.

Attention is focused on the fact that formally expressed public interest, formalized in the form of an expression of will of an individual or legal entity, is the basis for the provision of a public service.

Arguments are given that financial control over the provision of public services is aimed at promptly obtaining objective and reliable information about the activities of state authorities and local self-government, whose competence includes either the independent provision of these services or their delegation to other entities. At the same time, the range of issues that must be resolved by the subjects of financial control should, in our opinion, include determining the legality of providing a public service, providing it in equal volume and equal quality to different entities, as well as the legality of providing this service, taking into account the legal basis of such provision and feasibility of temporary, human and material expenses of state or local budgets.

The conclusion is made that public services as an object of financial control are the result of actions of state authorities, local government or other entities (based on delegated powers) aimed at realizing the public interest of individuals or legal entities. Such a result always has a certain economic value in the form of financial, time and human resources of public administrations. Financial control measures should determine the feasibility and legality of such expenses, as well as the relationship between these costs and the quality of the service provided.
Legal support for the formation of valuable needs of servicemen of the Armed Forces of Ukraine
Authors: Yarema V. V.
Published: February 2024

The purpose of the article is to determine the essence of legal support for the formation of value needs of military personnel.

The article found out that the need for our state to effectively repel full-scale Russian armed aggression requires a review of the system of formation of value orientations among military personnel and conscripts. At the same time, the process of developing such values should not be arbitrary, but purposeful in nature, which requires agreement on the purpose, main forms, subjects and objects of such work at the legal level.

Arguments are given that the formation of socio-value needs of military personnel performs several functions related to the importance of values for the success of military service. The content of the specified functions is disclosed.

The development of the values of military personnel in the legal aspect should be considered as a process of defining and approving, in accordance with the competence of the subjects of rule-making, the main goals of the formation of the personality of persons undergoing military service. Such goals should cover the sphere of patriotic values, such as the willingness to devote one’s life to the service of the motherland and the willingness to do all one can to protect its sovereignty and territorial integrity.

It was concluded that the legal support for the formation of value needs of military personnel is a process of summarizing, formulating and approving the most important personality traits for military service, which determine their patriotism, the ability to perform tasks in a team, the ability to military leadership and to effectively carry out the orders of commanders/chiefs . Part of the value needs of the personality of military personnel has found its consolidation in the legal acts that regulate the training and completion of military service. It was found that the current period of development of the Armed Forces of Ukraine in the conditions of full-scale Russian armed aggression necessitates changes in legal acts that define the goals of the formation of the personality of military personnel. The goals of forming military command and military leadership qualities, which play an important role in the hierarchy of professional values of military personnel, need their legal consolidation.
Failure to fulfill the duty to protect the fatherland, independence and territorial integrity VS religious beliefs of a person: the practice of the European Court of Human Rights
Authors: Stetsiuk S.S.
Published: February 2024

The article is devoted to the problem of establishing legal positions in the case law of the European Court of Human Rights aimed at resolving the issue of the possibility of criminal prosecution of Ukrainian citizens who refused to fulfill their duty to defend the Fatherland, independence and territorial integrity due to religious beliefs. The case law of the European Court of Human Rights addresses the problem of a legal conflict between a person’s obligation to perform military service and his or her religious beliefs in case of refusal to perform military service. The main criterion used by the Court to establish that the state has violated Article 9 of the Convention (freedom of thought, conscience and religion) is the existence of a grave and insurmountable conflict between the obligation to perform military service and a person’s conscience or sincere and deeply held beliefs, whether religious or otherwise. Violation of Art. 9 of the Convention (freedom of thought, conscience and religion) and/or Art. 14 of the Convention (prohibition of discrimination) were found in the following cases: lack of possibility to perform alternative civilian service instead of military service (Bayatyan v. Armenia); conviction of the applicant for evasion of military service, his subsequent mobilization and demobilization with a documented diagnosis of adaptation disorders that arose during the military service (Feti Demirta§ v. Turkey) the absence of a real alternative civilian service, which, according to the legislation of the state, was actually part of the military structure (Teliatnikov v. Lithuania, Adyan and Others v. Armenia) the absence in the legal system of the state of an effective and accessible procedure that would allow pacifist applicants to find out whether they are entitled to use the status of a person who refused to perform military service (Savda v. Turkey, Tarhan v. Turkey); exemption from military service for clergymen of «recognized religious communities» rather than «registered» religious organizations, despite the similar nature of the functions performed by these organizations (Loffelmann v. Austria, Gutl v. Austria, Lang v. Austria).
Specificity of special knowledge use by the defense attorney in criminal proceedings
Authors: Kulyk M. , Tereshchenko Y. , Bondarchuk A.
Published: February 2024

This paper outlines the study of special knowledge use by defense attorney in criminal proceedings and its specificity. It is noted that defense effectiveness is directly determined by correct tactical decisions made within the criminal proceedings, namely structuring the defense algorithm to achieve the desired result. Selection of such tactical solutions depends, in particular, on the level of defender’s special knowledge or one’s awareness regarding its application by other authorized parties.

The aim of this paper is to determine the specificity of special knowledge use in criminal proceedings by the defense attorney.

Paper provides a linguistic and academic interpretation of the «special knowledge» concept. Authors note that it is necessary to take into account the purpose of its use (that is, not only for investigation, solving or prevention of criminal offenses, but also for the protection of rights, freedoms and legitimate interests of the suspect, accused and other subjects under Article 45 (1) of the Criminal Procedure Code of Ukraine) while defining the content of the specified concept. Attention is also paid to forms of special knowledge application by the defense attorney in criminal proceedings. It is emphasized that one may support the investigative process and justification of defense position based on the opinion of a specialist or expert with such justification grounded for the prosecution party.

Author concludes that specificity of special knowledge use by the defense attorney in criminal proceedings stipulates: ability to directly apply it (independently), but with limits in comparison to pre-trial investigation bodies, and indirectly (involve a specialist or forensic expert (or request their opinions) via an investigator, inquirer, prosecutor, investigating judge, court to); use of knowledge backed by well-known constitutional principle «everything is allowed unless expressly prohibited by law» - authorized persons of pre-trial investigation bodies, though, use it only in accordance with a specific clause from a legal act of a different hierarchical level (based on legal force).
Observance of due process of law in the investigating judge’s rulings
Authors: Merzliy L.V.
Published: February 2024

The article analyzes the investigating judge’s rulings and the process of their issuance with a view to ensuring compliance with the due process of law. Due process of law in criminal proceedings means the procedure (rules, algorithm) of actions and procedural decisions necessary to fulfill the tasks of criminal proceedings regulated by the Criminal Procedure Law (CPC), which is provided and used by the subjects involved in criminal proceedings and is available to the subjects involved in the criminal procedure sphere. According to the author, the procedural status and functions of an investigating judge in criminal proceedings determine the specific (distinctive) relationship of his/her activities with the category of “due process of law”, which is caused by the exercise of judicial control over the observance of the legal procedure provided for by law during pre-trial investigation and international cooperation in criminal proceedings.

The level of observance of due process during the pre-trial investigation and international cooperation in criminal proceedings is reflected in the decisions of the investigating judge. Also, the decision of the investigating judge must be made in accordance with the established rules - in due procedure and form. It is substantiated that despite the fact that an investigating judge is legally enshrined as a subject of making rulings in criminal proceedings (amendments to Article 369 of the CPC, 2019), a number of rule-making approaches to this activity need to be adjusted. The author proposes to understand the decision of an investigating judge as a judicial act in the form of a ruling on procedural issues within the competence of an investigating judge aimed at fulfilling the tasks of criminal proceedings and exercising the function of judicial control in pre-trial investigation in accordance with due process of law, which establishes the rights and obligations for the subjects of criminal procedural legal relations involved in a particular procedural activity (investigative (search) actions, measures to ensure criminal proceedings, extradition). It outlines the peculiarities of the requirements to the investigating judge’s rulings and the procedure for their issuance. The author’s vision of improving the provisions of the CPC of Ukraine in the context under study is expressed.
E-Evidence in Ukrainian Criminal Justice: Exploring the Legal Realities and Theoretical Perspectives
Authors: Nazarko A.
Published: February 2024

This article delves into the intricate domain of electronic evidence (e-evidence) within the Ukrainian criminal justice system. The primary objective is to comprehensively dissect the multifaceted legal intricacies surrounding e-evidence, including its position and significance in Ukraine’s ongoing quest for European integration and its response to the persistent armed conflict.

The article extensively examines the intricate complexities of e-evidence, exploring its pivotal role within the broader framework of procedural sources of evidence. It also scrutinises its interaction with traditional forms of evidence, shedding light on the evolving landscape of legal practices in a digital age. The article emphasises the urgent imperative for substantial enhancements in Ukraine’s legal framework governing e-evidence. The existing framework falls short of contemporary standards, posing substantial impediments to effective law enforcement and judicial prosecution in this era of rapid technological advancements. To ensure accountability for past transgressions and to sustain the principles of the rule of law during the post-war era, Ukraine must harmonise its legal system with modern approaches to handling e-evidence.

In summary, this article offers a comprehensive and insightful analysis of the intricacies surrounding electronic evidence in the Ukrainian criminal justice system. It addresses critical legal dimensions, acknowledging their importance as Ukraine navigates a path towards integration with European legal standards and grapples with the ramifications of a prolonged armed conflict. The exploration presented here is a significant step towards a more profound understanding of the role and challenges of electronic evidence in the contemporary legal landscape.
Legislative Innovations in Pre-trial Investigation and Judicial Examination of Criminal Cases
Authors: Savchyn N.M. , Sukhoverskyi M.T.
Published: February 2024

The article is dedicated to the analysis and assessment of legislative innovations introduced into the procedures of pre-trial investigation and judicial examination of criminal cases. A comprehensive analysis of the regulatory framework governing this area is conducted, taking into account recent changes and amendments.

The article discusses key changes aimed at enhancing the efficiency of pre-trial investigation and judicial examination of criminal cases, as well as safeguarding the rights and legitimate interests of participants in the criminal process. Special attention is given to innovations designed to expedite case proceedings, ensuring, transparency and justice in the administration of justice.

Within the scope of the conducted research, prospects for implementing the aforementioned legislative novelties into the practice of investigation and adjudication of criminal cases are identified. The authors provide well-founded recommendations for further potential directions in refining legislation in this area to enhance the efficiency and fairness of criminal justice.

The article aims to determine optimal strategies and practical measures to support the integration of positive changes into the judicial system, particularly by incentivizing ethical conduct among pre-trial investigation bodies and the prosecution.

The conclusions of the article not only help identify shortcomings in legislation but also offer constructive recommendations for overcoming challenges in the field of justice, contributing to the development of legislation for the effective protection of citizens’ rights in contemporary conditions.

This article serves as a significant contribution to understanding and discussing the impact of innovations on the criminal process, and it may be valuable for practicing lawyers, researchers, and legislators interested in the field of criminal law and procedure.
Criminological characteristics of traffic accident victims
Authors: Holovkin B.M.
Published: February 2024

The article analyzes the level, structure, and dynamics of road traffic accidents with casualties, fatalities, and injuries for 2012-2023 years in Ukraine. A stable general trend towards a decrease in the number of road accidents with victims (- 64.4%), as well as the number of dead (- 44.1%) and injured (- 66.0%) over the specified period, which is mainly related to incomplete accounting of statistical data that do not come from temporarily occupied territories and territories where hostilities are taking place. There was no noticeable improvement in the safety situation in the field of road traffic. In 2023 year, the number of road accident victims will increase, especially among children and pedestrians. Most often, accidents result in serious injuries or death are drivers (40.7%) and passengers (32.7%), as well as pedestrians (20.7%) and cyclists (5.7%) are most often seriously injured or killed in accidents. By age, people aged 21-64 dominate, followed by children from birth to 15 years old - 7.8%, people from 65 years and older - 6.2%, and 16-17-year-olds - 4.8%. New road users have appeared, namely: military personnel, volunteers, members of the territorial defense, who often create emergencies on the roads or become victims of road accidents. In the conditions of a protracted war, there is an increase in manifestations of victim behavior among road users, and at the same time, the discipline of vehicle drivers is decreasing. The largest number of dead and injured in road accidents fixed in the frontline regions and the capital. The situation in the western part of Ukraine stabilized. Infrastructural, psychological and behavioral factors related to war have a significant influence on the victimization of the population. About half of pedestrians and a third of cyclists killed or seriously injured through their own fault, ignoring safety rules. Motorcyclists, drivers of scooters, electric scooters, who move along the roadway without protective helmets in the dark are in the zone of increased risk. The number of road users vulnerable to accidents is rapidly increasing due to the low-mobility population groups affected by the war. This should be taken into account by the state in the new road safety strategy.
Ensuring by the prosecutor the admissibility of factual data in the order of providing international legal assistance
Authors: Tishyn M.V.
Published: February 2024

The article examines the powers of the prosecutor to ensure the admissibility of factual data in the order of providing international legal assistance. These powers are characterized taking into account the general and additional criteria for the admissibility of evidence, which are collected in the order of providing international legal assistance. The issue of assessing the admissibility of actual data obtained as a result of the request by the requested state was considered.

It is argued that ensuring the admissibility of factual data by the prosecutor in the procedure for providing international legal assistance (when the requesting state is Ukraine) consists in ensuring compliance with general and additional criteria for the admissibility of evidence in the process of preparing the request and after receiving a response to the request.

In the process of preparing a request, these are: checking the authority of the subject of preparing the request; checking the content, form and attachments to the request; identification of the correctness of the definition in the request of the procedural actions that must be carried out within the limits of the request; approval of the request. After receiving a response to the request, it is: assessment of compliance with the international cooperation procedure; assessment of who is the competent authority for the execution of the request; assessment of whether the materials received from the requested state were prepared by an official of the competent body of the requesting party or the requested party and sealed with the seal of the competent body; assessment of the available possibilities of compliance with the procedure provided for by the legislation of the requested state; assessment of compliance with the principles of fair justice, human rights and fundamental freedoms, including international reports on the state of human rights in the requested state; checking whether the evidence is used in exactly the criminal proceedings to which the request relates, and if not, whether the requested party has agreed to the use of this evidence and to what extent.
Covert investigative (research) actions in the investigation of property theft in the field of implementation of state social programs
Authors: Chuiko E.V.
Published: February 2024

The article notes that the acquisition of property by abuse of official position in the sphere of implementation of state social programs is a hidden crime committed by organized groups of persons. Concealment of the specified crimes is carried out by drawing up documents that are outwardly legal and provided for by regulatory legal acts for the activities of the relevant state trust funds of certain types. Covert investigative (research) actions are used to expose organized groups of criminals who embezzle funds from state trust funds. They are a special tool in the matter of gathering evidence, which can be used by investigative bodies only in certain normatively defined cases. The article analyzes these conditions, in particular, points out such a qualifying circumstance of embezzlement of funds from state trust funds as the use of martial law conditions. This circumstance determines the classification of the crime, regardless of the amount of stolen funds, into the category of serious crimes, which provides grounds for conducting any secret investigative (search) actions.

Attention is drawn to the fact that covert investigative (search) actions differ from overt investigative (search) actions in that they are aimed at identifying the behavior of certain officials related to an already committed crime (or ongoing crime). Identification and recording of the actions (behavior) of these persons takes place secretly and already during the pre-trial investigation. This provides an opportunity to obtain direct and indirect evidence of their involvement in these crimes. It is emphasized that the conduct of covert investigative (search) actions is possible only in compliance with the prescriptions defined in the norms of the criminal procedural legislation. The article defines the specific features of conducting individual secret investigative (search) actions during the pre-trial investigation of property acquisition by abuse of official position in the field of implementation of state social programs. The thesis is substantiated that the specific nature of the tactical tasks of the investigation is the factor that determines such features.

It is concluded that undercover investigative (detective) actions are a necessary tool for obtaining evidence, which plays a significant role in exposing organized groups of criminals in the investigation of theft of property in the sphere of implementation of state social programs.
Judicial people’s power: concepts, forms
Authors: Berch V.V.
Published: February 2024

It is emphasized that the concept of “judicial people’s power” defines a key aspect of the judicial system in democratic societies. This phenomenon reflects the fundamental idea that the judicial power, usually exercised by judges, should function under conditions of active influence and control of citizens, who are the main subjects of state power in a democratic system.

It has been established that the study of judicial people’s power is of great importance for strengthening democracy, legal state formation and ensuring justice in modern societies. It promotes the development of effective mechanisms for the protection of the rights and freedoms of citizens and ensures that the courts serve the interests of society, observing the principles of justice and equality before the law.

It has been determined that judicial people’s power as a constitutional and legal phenomenon plays an important role in ensuring the openness, fairness and legitimacy of justice. It can be implemented through forms of direct and indirect participation of citizens in the exercise of judicial power.

It is emphasized that the involvement of experts contributes to increasing trust in the judicial system, as court decisions are based on objective data and scientific conclusions. Experts help to avoid suspicion and influence of the parties on the legal process, which is important to ensure justice.

It was noted that citizen participation in the development of laws and reforms of the judicial system helps to ensure that laws meet the needs and expectations of society. It contributes to increasing the legitimacy and adoption of court decisions by citizens, as they take an active part in the process of forming legal norms and principles. Citizen participation makes the judicial system more open and democratic, contributes to increasing trust in the courts and their work. In general, the participation of citizens in the development of laws and the discussion of reforms of the judicial system is an important mechanism for ensuring citizen participation in the formation of justice and the improvement of the judicial system as a whole. This process reflects the principle of popular sovereignty and supports the idea of democracy in society.

In summary, judicial democracy is a principle based on the idea that judicial power, including the appointment of judges, decision-making and accountability before the law, should be subjectively controlled by citizens who are the bearers of democratic power in society. Judicial people’s power involves the participation of citizens in the formation and functioning of the judicial system, ensures the openness of judicial processes and the accountability of the judiciary to citizens and the law.
Separate theoretical and legal aspects of tax control of a lawyer in Ukraine
Authors: Borshchevskуу O.A.
Published: February 2024

Professional activity in Ukraine, which involves the receipt of profit, income or fees, is subject to control by the state. Such control has a number of tasks, among which is the verification of the correctness of calculation and payment of the tax liability, the good faith performance of which depends on the success of the state and its financial stability. The financial interests of the state must be protected. Therefore, domestic national legislation contains the institution of tax control, which covers interaction with the control bodies of other states.

Filling the budget is one of the priority tasks, thanks to which the financial basis of the state is established. Legal mechanisms are used, including tax audits. General conditions and rules are defined, compliance with which is a necessary condition for preventing the application of financial sanctions for violation of tax legislation. The object of inspection and the subject to be inspected are highlighted.

A lawyer in Ukraine receives a fee from carrying out his professional activity, which means that he must keep tax and accounting records, fulfill his tax obligations in a timely manner and in full. A lawyer, like any other business entity, may be subjected to tax control measures through a tax audit of his activities. At the same time, taking into account the professional status, the tax audit of a lawyer may have its own characteristics, which directly relate to professional obligations, including in the area of attorney confidentiality. The lawyer’s proper performance of his professional duties is a guarantee of quality legal assistance and a measure of the client’s trust in the lawyer. Ensuring the conditions for the lawyer to fulfill and comply with his professional obligations meets the interests of the client and affirms the role of the legal profession in society. Conducting a tax audit and complying with the requirements of the tax inspector should not create threats or risks for the client, who reasonably expects that his confidentiality will be preserved by the lawyer. Therefore, this article is an attempt to outline and define certain theoretical and legal aspects of tax control of a lawyer in Ukraine.
ECHR rules for determining the presence of sufficient balancing factors for the admission of the testimony of a prosecution witness who did not appear in court
Authors: Poletylo P.S.
Published: February 2024

The article examines the legal position of the European Court of Human Rights regarding the existence of balancing factors for accepting the testimony of a prosecution witness who did not appear in court.

It is substantiated that when the accused was not given the opportunity to question the witness during the investigation or during the trial, the European Court of Human Rights states a violation of paragraph 1 and subparagraph «d» of paragraph 3 of Article 6 of the Convention on the Protection of Human Rights and Fundamental Freedoms. It is shown that the given approach is not strictly categorical and the European Court of Human Rights allows the possibility of using the testimony of a witness who did not appear at the court session and was not questioned at the stage of the pre-trial investigation.

It has been established that, the Grand Chamber of the European Court of Human Rights used the rule of the three-step test, one of the criteria of which obliges national courts to establish: whether three were sufficient balancing factors, including important procedural guarantees, which compensate for the difficulties which compensate for the difficulties with which faced by the defense as a result of accepting unverified testimony as evidence.

It is well-founded that national courts are obliged, when faced with the problem of non-appearance or anonymity of witnesses, to consider t6he possibility of using alternative measures that limit rights to a lesser extent than accepting testimony of witnesses, to consider the possibility of using alternative measures that limit rights to a lesser extent than accepting testimony of witnesses as evidence. It is emphasized that when national courts recognize alternative measures as inexpedient and allow witness testimony to be announced, they violate paragraph 1 of sub-paragraph «d» of sub-paragraph 3 of Article 6 of the Convention on the Protection of Human Rights and Fundamental Freedoms.

The conviction of the Grand Chamber of the European Court of Human Rights is emphasized: the presence of sufficient balancing factors should be investigated not only in those cases in which the testimony of an absent witness was the only or decisive basis for the conviction of the accused, as well as in cases in which it was not possible to establish whether relevant indications are the only or decisive. At the same time, the amount of balancing factors necessary for the trial to be considered fair will depend on the importance of the testimony of the absent witness: the more important these testimonies are, the more weighty the balancing factors should be. Examples of additional guarantees that prevent violations of the mentioned legal norms are given.
Prerequisite for implementation of judicial control over the enforcement of judgments in Ukraine
Authors: Chernenko I.
Published: February 2024

Since the declaration of Ukraine’s independence, the system of enforcement judgments has undergone significant changes, which were caused by changes in the social order in the country and new challenges. The judicial control over the enforcement of judgments in Ukraine was implemented in a non- systematic manner, which led to its low efficiency.

To solve the set goal, which was set during the introduction of judicial control over the enforcement of judgments, this article examines the prerequisites for the introduction of judicial control over the enforcement of judgments in Ukraine.

Conditional division of the prerequisites for the introduction of judicial control over the enforcement of judgments into historical, legal and economic ones has been carried out.

The historical prerequisites for the introduction of judicial control over the enforcement of judgments include the validity of Soviet legislation after the declaration of independence of Ukraine, which provided for control by a judge over the correct and timely enforcement of a court decision, that is, the actual exercise of judicial control over the enforcement of judgments.

The legal prerequisites for the introduction of judicial control over the enforcement of judgments include the issuance of many decisions of the European Court of Human Rights and decisions of the Committee of Ministers of the Council of Europe, which stated the systematic non-implementation of national court decisions, as well as the existence of a structural problem in Ukraine regarding the non­implementation of decisions of national judicial bodies.

The economic prerequisites for the introduction of judicial control over the enforcement of judgments include a negative assessment by Ukrainian entrepreneurs of the effectiveness and duration of enforcement judgments, Ukraine’s undertaking to reform the system of enforcement judgments to improve the conditions of doing business in the country, foreign economic relations with other countries, attracting investments, the conclusion of other economic agreements.

Determining the prerequisites for the introduction of the institution of judicial control over the enforcement of judgments gives a clear answer to the purpose of the introduction of this institution, as well as ways to improve the procedure and forms of implementation, which requires more detailed research.
Universal international legal framework to support of victims of terrorism
Authors: Hladkyi A.O.
Published: February 2024

The article describes the provisions of international legal acts on support and protection of the rights of victims of terrorism (UN Global Counter-Terrorism Strategy, UN GA resolutions, Good Practices in Supporting Victims of Terrorism within the Criminal Justice Framework, The Criminal Justice Response to Support Victims of Acts of Terrorism, the Handbook of Good Practices to Support Victims’ Associations in Africa and the Middle East, Model Legislative Provisions to Support the Needs and Protect the Rights of Victims of Terrorism etc.) It is indicated that the Global Counter-Terrorism Strategy and its attached Action Plan provide for the establishment of national assistance systems on a voluntary basis that will take into account the needs of victims of terrorism and their families and contribute to the normalisation of their lives. It is emphasised that the UN General Assembly reviews the Global Counter-Terrorism Strategy every two years, which makes it a living document linked to the priorities of member states in the fight against terrorism. In particular, in the Eighth Review of the Strategy (2023), the UN GA reaffirmed the role that victims of terrorism, including the role in disincentivising terrorism, stressing the need to promote international solidarity in support of victims of terrorism and to ensure their dignified and respectful treatment. It is pointed out that the resolutions adopted by the UN GA (72/165, 73/305) on victims of terrorism made it possible to lay a more solid foundation for intensifying the efforts of Member States to provide assistance to victims. It is emphasised the role of the UNODC in supporting victims of terrorism, under the auspices of which a number of acts have been developed containing strategies for building institutional capacity to involve victims of terrorism in investigations and prosecutions; national experience, programmes and legislation on supporting victims of terrorism are summarised. It is indicated that in 2022, the Model Legislative Provisions to Support the Needs and Protect the Rights of Victims of Terrorism were adopted, which are based on the international legal framework for victims of crimes and grave human rights violations and are intended to assist Member States in protecting the rights and addressing the needs of victims of terrorism in their national legislation.
Shaping the International Law Principle of the Inviolability of the Right to Peaceful Enjoyment of Property in the Context of International Armed Conflict
Authors: Iordek H.O.
Published: February 2024

The article focuses on the formation of the international law principle of the right to peaceful enjoyment of possessions in the context of an international armed conflict, given the relevance of the issue of damage and destruction of property as part of the armed aggression of the Russian Federation against the sovereignty and territorial integrity of Ukraine. The author examines the right to peaceful enjoyment of possessions through the prism of international human rights law - as such, where the right to peaceful enjoyment of possessions (property rights) has been enshrined in the international law system, and also through the prism of international humanitarian law and international criminal law - as such, which are special in relation to the right to peaceful enjoyment of possessions in the context of international armed conflict.

The article examines the principle of inviolability of property rights at the national level, in particular, in legislative and judicial sources, and its impact on the formation of the relevant international law principle. In particular, the author analyses the philosophical development of the concepts of “sacredness” of property rights and inviolability of property rights, as well as the natural essence of this right for a person.

The author examines in detail the rules of conventional and customary international humanitarian law on the right to peaceful enjoyment of property/property rights depending on the type of acts that may be committed against property and the type of property against which certain acts are directed in the context of an international armed conflict or legal regime of occupation. The provisions on the protection of civilian objects, as well as the non-absolute nature of the protection of property rights in international armed conflict in cases of urgent military necessity, are carefully considered. Based on this analysis, the author identifies the key fundamental provisions on the basis of which the international legal principle of the right to peaceful enjoyment of property in the context of international armed conflict is formed.
Limitation of jurisdictional immunity of russia in the judicial practice of Ukraine
Authors: Kasianovskyi I.
Published: February 2024

The article focuses on the latest trends in judicial practice in Ukraine regarding the limitation of judicial immunity of the russian federation in disputes related to compensation for damage caused to the life or health of natural persons on the territory of Ukraine, in the context of the aggression of the russian federation since 2014. The article analyzes the provisions of the national legislation of Ukraine and key international legal documents in the field of jurisdictional immunities - the European Convention on State Immunities of 1972 and the UN Convention on Jurisdictional Immunities of States and their Property of 2004. In particular, the possibility of applying the “tort exception” stipulated by international law is analyzed, considering cases regarding compensation for damage caused to the life or health of natural persons on the territory of Ukraine, as a result of the aggression of the russian federation. The issue of whether the actions of the russian federation and its armed forces on the territory of Ukraine fall under the understanding of the state’s implementation of its sovereign rights is considered separately, since the establishment of such a fact directly affects the extension of jurisdictional immunity to the state during the consideration of cases regarding the consequences of actions committed by the armed forces of this state on the territory another state. The practice of the Supreme Court in the above­mentioned categories of cases and its role in the formation of the tendency of international law to limit the jurisdictional immunities of states and the potential formation of new customary norms of international law regarding the limitation of jurisdictional immunities of states and the application of the concept of “delict exception” in the consideration of relevant cases are also analyzed. The article also analyzes the prospects for the implementation of decisions made by Ukrainian courts against the russian federation in disputes regarding compensation for damage caused to individuals on the territory of Ukraine as a result of the aggression of the russian federation.
Inspections and evaluations as part of United Nations internal oversight
Authors: Levchenko Y.V.
Published: February 2024

The article deals with the issue of inspections and evaluations as part of the internal oversight of the United Nations. It is described the powers and activities of the Inspection and Evaluation Division (IED), which operates within the structure of the Office of Internal Oversight Services. In particular, it is indicated that the Inspection and Evaluation Division conducts programme evaluations to conduct analytical and critical assessments of programme implementation and legal frameworks, checking whether changes in them require a review of implementation methods and the relevance of administrative procedures. The main functions of the Division include: preparing a report on programme implementation at the end of each biennium containing qualitative and quantitative information; assessing, on a systematic and objective basis, the relevance, effectiveness, efficiency and efficiency of the Organisation’s activities in achieving its objectives; submitting a report to the UN General Assembly on strengthening the evaluation function and related oversight activities within the UN; conducting special inspections of programmes and organisational units to identify problems affecting the efficiency and effectiveness of the implementation of programmed activities and recommending corrective measures to improve programme delivery; providing internal management advisory services to programme managers, upon request etc. It is stated that the Division carries out several types of evaluation activities, including: programme evaluations; thematic evaluations; inspections; biennial studies on evaluation; evaluation dashboard etc. Themes covered by evaluations include: peace and security; sustainable development; human rights and humanitarian assistance; and organisational management and support. The main target audiences and users of the IED evaluation materials are: the Secretary-General, UN programme managers and staff, member states, primarily the Committee for Programme and Coordination (CPC) and the Administrative and Budgetary Committee (Fifth Committee) of the General Assembly and Security Council, UN stakeholders and partners.
Evolution of Legislation Regarding the Use of Nuclear Energy for Peaceful Purposes
Authors: Lеs I.O.
Published: February 2024

The development and use of atomic energy represent one of the greatest achievements of the 20th century, opening new possibilities for global evolution. The United Nations (UN) has formulated the «Millennium Development Goals» and the «Sustainable Development Goals by 2030» to address comprehensive solutions to the social, economic, and environmental challenges facing the planet. In this context, nuclear energy offers unparalleled advantages, but it is essential to consider the risks and challenges associated with its future use and development. Nuclear law serves as a valuable tool for regulating the development of nuclear energy and overcoming these risks and challenges. All countries must strictly fulfill their international obligations, responsibly implement international legal instructions at the national level, and collectively support the international regime and legal framework organized around the United Nations. This, in turn, contributes to the achievement of the shared goal of «atoms for peace and development».

The international legal framework on nuclear issues emerged alongside the development of nuclear energy worldwide. It evolves as social, economic, scientific, and technical challenges associated with this development are addressed, thereby contributing to the safe, secure, and sustainable development of peaceful nuclear energy use.

The IAEA and the international community have established an almost universal regime of safeguards aimed at detecting and preventing the diversion of nuclear materials from peaceful nuclear activities to the production of nuclear weapons.

Based on the results of the conducted research, it has been established that each country not only has the right to use nuclear energy for peaceful purposes but also bears the responsibility and obligation to prevent the proliferation of nuclear weapons and to support nuclear safety and security. All countries should conscientiously fulfill their obligations in accordance with the international legal framework on nuclear safety, fully implement relevant resolutions of the United Nations Security Council, strengthen and expand the existing international legal framework on nuclear safety, and provide institutional guarantees, adhering to universally defined guiding principles for managing international nuclear safety.
Activities of the United Nations in combating gender-based crimes
Authors: Martiukhina N.O.
Published: February 2024

The article is dedicated to the issue of the United Nations activities in preventing and eradicating gender-based crimes. It is indicated that gender-based violence and gender-motivated killings can be classified as hate crimes motivated by intolerance towards certain groups of the population. It is noted that an important contribution to combating gender-based crimes was made by the General Assembly, the Secretary-General, the UN Office on Drugs and Crime, the Committee on the Elimination of Discrimination against Women, the Special Rapporteur on violence against women and girls, its causes and consequences, and other bodies, institutions and structures of the Organization. In particular, the UN General Assembly has adopted a number of resolutions in this area, including Resolution 68/191, which set out recommendations to Member States and UN bodies, agencies and institutions on measures against gender-related killing of women and girls. In pursuance of this recommendation, an open-ended intergovernmental expert group meeting was convened to review promising practices and formulate a number of practical recommendations on ways and measures to improve the effectiveness of efforts to prevent and investigate gender-related killings. It is indicated that since 2019, UNODC has been implementing the Global Programme on Strengthening Crime Prevention and Criminal Justice Responses to Violence against Women, providing specific solutions that complement existing UN joint programmes and country projects. It is noted that the Committee on the Elimination of Discrimination against Women has played an important role in combating gender-based crimes. In particular, in its concluding observations on the periodic reports of States parties and in the context of relevant follow-up procedures, the Committee consistently condemns gender-based violence. In addition, the Committee provides clarification of the standards related to the elimination of such violence and the related obligations of States parties. The article also focuses on the work of the Special Rapporteur on violence against women and girls, its causes and consequences in this area.