bluuebunny/crossref_metadata_2025 huggingface dataset:
The Patient’s right to informed voluntary consent in the provision of psychiatric care using artificial intelligence systems
Authors: Beznos K. O. , Fedorchenko N. V.
Published: February 2025

The article examines the legal aspects of ensuring the patient’s right to informed voluntary consent in the provision of psychiatric care using artificial intelligence (AI) systems. Overall, the use of AI opens new possibilities for the diagnosis and treatment of mental disorders, offering significant potential to enhance the effectiveness of psychiatric care. However, the application of these technologies introduces various risks for patients, particularly concerning the protection of autonomy, the transparency of AI algorithms, and the security of personal data. Patients with mental disorders represent a particularly vulnerable group requiring additional legal guarantees in decision-making regarding treatment, especially when innovative technologies are involved.
Based on an analysis of existing technologies, the authors identify a number of risks associated with the use of AI systems in psychiatric care, including: 1) violations of personal data confidentiality; 2) risks associated with decisions made by AI systems; 3) potential discrimination based on gender, race, religion, or other characteristics; 4) misuse in medical practice through the use of AI; 5) risks arising from malfunctions in AI systems; 6) other potential hazards.
To mitigate these risks, the article considers legal regulatory measures, including the introduction of European legislation such as the AI Act, certification implementation, and the establishment of effective mechanisms for informed voluntary consent to AI use in psychiatry, given the high risks posed by this technology. The authors note that Ukrainian legislation currently lacks adequate mechanisms for obtaining informed consent in the use of AI for psychiatric care.
The article proposes improvements to Ukrainian regulatory acts through the development of a separate consent form for the use of AI systems in psychiatric assessment or treatment, which would help to avoid the legal risks inherent in AI systems. Such a consent form would include detailed information for the patient about the specific AI systems to be used, their nature, purpose, and estimated duration of use. It would also inform the patient that the data collected and processed by the AI system would be protected according to data protection legislation, and it would include a verbal explanation of risks by the physician, as well as the options for choosing alternative treatment methods based on the doctor’s recommendations.
The conclusions emphasize the importance of advancing national legislation to align with the AI Development Concept and international certification standards. This will ensure the protection of patients’ rights and foster the effective integration of AI in the field of psychiatric care.
Alternative dispute resolution methods: theoretical and practical aspects
Authors: Fidria Y. O.
Published: February 2025

The essence, classification, main characteristics and advantages of alternative dispute resolution methods are considered in the article. Existing approaches to defining the concept of «alternative dispute resolution methods» in foreign and domestic scientific literature and practice are considered. The advantages of alternative dispute resolution methods are named: informality; minimization of the time between the moment of the conflict and the application of the conciliation procedure, which makes it possible to resolve the conflict as quickly as possible; voluntariness; involvement in the procedure of direct participants in the disputed legal relationship, who have maximum information about the causes and circumstances of the conflict; unlimited possibility of involving representatives of the parties to the conflict; the simplest possible dispute resolution procedure; absence of significant costs of financial, organizational or other resources compared to the judicial procedure; confidentiality.
The author’s attention is focused on the variety of alternative dispute resolution methods, the types, number and structure of which may differ depending on the legal traditions and peculiarities of the country’s legislation.
It is proposed to distinguish three groups of alternative dispute resolution methods: basic, derivative and hybrid. The basic ones include negotiations, arbitration and mediation – types of alternative dispute resolution methods that are historically primary and are considered the main and most widespread. Pre-arbitration settlement, early neutral evaluation, independent expert opinion, conciliation, simplified jury trial, minitrial, ombudsman, dispute settlement with judicial participation and other alternative methods of dispute resolution that have arisen in the process of evolution and expansion of non-judicial forms are proposed to be called derivative alternative dispute resolution methods. Hybrid methods of alternative dispute resolution are called med-arb and arb-med, which are combinations of two basic procedures: arbitration and mediation.
It is noted that such procedures as arbitration, labor arbitration, conciliation commission, mediation and dispute settlement with judicial participation are enshrined in laws in our country.
The article substantiates the importance and necessity of developing alternative dispute resolution methods. The effectiveness of their application in international practice is illustrated on the basis of specific statistical data.
Marriage contract in Ukraine: advantages and disadvantages
Authors: Fliazhnikova Y. V.
Published: February 2025

This article is devoted to the consideration of individual positions on the advantages and disadvantages of concluding a marriage contract in Ukraine. The relevance of the study of the marriage contract in Ukraine is considered, which is explained by the fact that with the development of the economy, social norms and institutions in modern society, more and more people are concluding marriage contracts.
The article draws the author’s attention to the peculiarities of concluding a marriage contract in Ukraine, and also considers the difficulties that arise in judicial practice when a marriage is dissolved.
At the same time, this article analyzes some aspects of judicial practice regarding the marriage contract, on the basis of which its key issues are identified, including such as: non-compliance of the
contract with the requirements of the law; validity of the contract; distribution of property after the dissolution of marriage and the peculiarities of concluding a contract in the presence of children, where it is noted that in judicial practice there are also cases when a marriage contract is concluded with conditions relating to the property rights of children. Thus, in accordance with the legislation, such conditions should not violate the rights of children and can be challenged in court.
The conclusions state that a marriage contract is an important regulator of family relations, which helps to protect the property and personal interests of spouses. In particular, the author includes the following advantages of a marriage contract: ensuring the rights of each party: in the event of divorce or other circumstances, the contract helps to avoid conflicts and disputes between the parties; protection of property: spouses can determine which property is joint and which is personal, which allows protecting the personal assets of each party; financial transparency: a marriage contract establishes clear rules, which reduces the possibility of financial misunderstandings and manipulations. In turn, the disadvantages of concluding a marriage contract include: emotional state: in some countries, including Ukraine, concluding a marriage contract may be perceived as distrust between partners, which can create an emotional barrier; complexity and costs: since a marriage contract requires notarization, this can be an additional financial expense for the couple, as well as affect the time spent. Therefore, based on the research conducted, it is noted that more advantages have been identified regarding the conclusion of a marriage contract than disadvantages, but the parties themselves must take into account all the features of this contract and reach mutual agreement.
Peculiarities of civil liability of the insurer for breach of insurance obligations
Authors: Khanas D. B.
Published: February 2025

The article deals with insurance obligations as one of the main independent types of civil law obligations. The author investigates the issue of understanding of civil liability. The definition of the insurer’s civil liability for breach of insurance obligations is given. The author analyses the current legal acts regulating legal relations in the field of insurance obligations in order to determine the issues of insurer liability. A specific understanding of civil liability for breach of insurance obligations is proposed as the application to the violator or to the person who is legally responsible for his actions or inaction, coercive measures, which are defined by law or contract and consist in imposing additional obligations on him of a civil law nature for committing illegal actions or inaction during the insurance obligation. The author examines the peculiarities of the insurer’s civil liability for breach of insurance obligations. It is proved that the grounds for civil liability of an insurer as a subject of insurance relations should be recognised not only as an offence in the form of non-performance or improper performance of an insurance contract, but also as a special offence in the form of abuse of rights by an insurer. The author substantiates that the unstable terminology used to regulate legal relations arising out of breach of insurance obligations raises a number of problematic issues which require clear regulation. It is found that the conceptual and terminological apparatus used to understand legal relations in the field of insurance obligations regulation requires clarification and elaboration. It is proved that in order to prevent violations by the insurer of the terms of the insurance contract, the legislator provides for the possibility of applying to it property sanctions of civil liability in the form of a penalty (fine, penalty). The author substantiates the need to determine at the legislative level the amount of penalty (fine, penalty) which the insurer should pay to the client in case of breach of insurance obligations. The author outlines the scope of further research, which is to develop a clear mechanism for bringing insurers to civil liability for breach of their obligations.
On the issue of health insurance in Ukraine
Authors: Shevtsiv M.
Published: February 2025

The article analyses the prerequisites for the development and formation of health insurance in Ukraine. In particular, four historical stages through which insurance relations have passed are distinguished, as a result of which it is established that the institution of health insurance in Ukraine has deep roots, having originated in the times of Kievan Rus. Each of these periods of development of health insurance has its own peculiarities and a significant impact on the improvement of this national institution as a whole.
The study also identifies the concept of health insurance and proposes to consider the main models of health insurance implementation in the world. The most widespread insurance models are the Bismarck model, the Beveridge model, the national health insurance model, the direct payment model, etc., where each of them offers a special way of exercising the right to health insurance.
In addition, the author describes the main two types of health insurance. It is established that compulsory health insurance in Ukraine has not yet been regulated by law, although such a draft law has already been included in the agenda No. 3939-IX of 03.09.2024 and is to be considered at the twelfth session of the Verkhovna Rada of Ukraine of the IX convocation. In addition, the author analyses the main provisions and structure of the above draft law.
At the same time, the author determines that voluntary health insurance is complementary to compulsory health insurance, and the main difference between them is that social relations regarding compulsory insurance arise on the basis of law, while voluntary insurance is based solely on an agreement between the insured and the insurer.
The essence of voluntary health insurance is that a person who takes out such insurance can receive free medical care, and usually out of turn, within the terms and budget of the relevant policy. However, this type of insurance, despite its many advantages, is currently underdeveloped in Ukraine due to risks caused primarily by the war, and requires increased promotion among the population and support from the state.
Improving the legislation and mechanism for the protection of intellectual property rights of Ukraine in the context of post-war reconstruction
Authors: Sorokina L. V. , Yakovets I. S. , Petrenko V. O.
Published: February 2025

The article analyzes the most important aspects of system of intellectual property in Ukraine in the conditions of post-war recovery and in the new economic conditions currently emerging in the world. In particular, a new promising approach is proposed - the right to intellectual property of the state of Ukraine. Because in the new economic, this approach would be the most effective for the protection of exclusive intellectual property rights. Since the new challenges, which facing our country have led to the search for different approaches to solving problems, the provision of exclusive property rights to intellectual property to the state of Ukraine is seen as one of the solutions. The main problems of the acquisition of intellectual property rights by the state of Ukraine have been determined. The causes of their occurrence have been identified, and the positive consequences of these transformations have been indicated. Prospective directions and principles of improving the legal protection of intellectual property objects in Ukraine in the conditions of the country’s post-war recovery are proposed. The war in Ukraine has been going on for almost three years now, and it is important to remember that any military conflict in the world usually ends with a peace treaty. And here the question arises: how to restore the destroyed country in such a way as to take into account the mistakes and at the same time take into account all the advanced developments. This article talk about the segment of intellectual property law, as an area that is extremely important for the further economic development of the country, namely the right to intellectual property of the State of Ukraine. This segment is currently not sufficiently developed, a scientific discussion of this problem is proposed with the aim of introducing further changes in the legislation of Ukraine. Accordingly, new realities of today, according to be more concerned not with protecting the private rights of inventors, but with winning the war. Only a joint effort of ingenuity and creativity, such as work on a defense order, will bring appropriate results. Developments in the direction of state property in the intellectual sphere are currently being conducted in various countries of the world. This is a new and fairly promising industry that will start a new page of economic relations.
Merger control as a tool for protecting economic competition
Authors: Dudyk I. M.
Published: February 2025

The reform of Ukraine’s competition law is an important step towards integration into the European economic space, contributing to the development of transparent and fair market relations. A key direction of this reform is the improvement of merger control and the harmonization of national norms with EU legislation, particularly Regulation No. 139/2004. This document defines the basic principles and mechanisms for regulating mergers, including a multi-level assessment of transactions, structural commitments, and the evaluation of their impact on markets. The article explores legislative innovations aimed at enhancing the effectiveness of merger control in Ukraine, as well as the theoretical foundations and practical aspects of applying merger regulation.
Special attention is given to key aspects of the reform, such as clarifying responsibility for violations of merger rules, setting new thresholds for evaluating transactions, implementing a multi-tier system for analyzing mergers, and strengthening the institutional capacity of the Antimonopoly Committee of Ukraine (AMC). These changes are crucial for ensuring a competitive environment and protecting consumer interests. Merger control is one of the main tools for ensuring economic competition, preventing monopolization, and fostering transparency in market relations.
Given Ukraine’s integration into the European economic space, harmonizing national legislation with European norms has become especially relevant. EU Regulation No. 139/2004 establishes detailed mechanisms for regulating mergers, including a multi-level transaction assessment, structural commitments, and methods for evaluating their impact on markets. The article analyzes Ukraine’s current legislation on mergers, its compliance with European standards, and the challenges arising from unclear merger evaluation criteria, the lengthy process of reviewing applications, and the insufficient resources of the AMC.
Special attention is given to international experiences in merger regulation, considering cases such as Dow/DuPont, Google/Fitbit, AT&T/Time Warner. These examples illustrate various approaches to addressing competitive challenges and demonstrate potential regulatory models that could be applied in Ukraine. Based on this analysis, several innovations for improving Ukrainian legislation are proposed: raising financial thresholds for evaluating transactions, harmonizing analysis criteria with EU norms, using post-merger monitoring, and implementing structural commitments.
The study’s results confirm that reforming the merger control system will reduce the level of market monopolization, improve the investment climate, and create equal conditions for all market participants. Harmonizing Ukraine’s competition law with EU norms will not only improve market regulation efficiency but also contribute to Ukraine’s integration into the unified European market space, marking an important step toward stable economic development and the well-being of citizens.
Legal aspects of the reform of life and health insurance of passengers on land transport
Authors: Lohoyda V.
Published: February 2025

The article is devoted to the issues of reforming the system of insurance protection of passengers during their transportation by regular routes of public land transport.
The author analyzes the provisions of the national legislation on insurance of transport risks, in particular, examines the legal essence of the changes that occurred as a result of the insurance sector reform, which took place in 2021–2024. The author emphasizes that as a result of bringing the legislation of Ukraine on insurance into line with the norms of the EU acquis, the contractual structure of passenger insurance has undergone changes, in particular, there has been a transition from insurance of life and health of passengers to insurance of the risk of liability of the carrier for causing harm to passengers during transportation with a corresponding change in the parties to the insurance contract and the financial burden of its execution by the insured; the reform led to an increase in the amount of insurance coverage in the event of insured events, at the same time, the list of such events has also undergone significant changes due to the change in insured risks. Also, the negative practice of the central executive authorities of Ukraine, contrary to the direct instruction of the Parliament of Ukraine, not to ensure timely alignment of their subordinate regulatory framework, necessary for the implementation of the reforms proposed by law, with the newly adopted Laws of Ukraine, was noted. Thus, there are cases of both the absence of regulatory legal acts that should have been developed, and cases of leaving in force regulatory legal acts that are already clearly outdated and contrary to the law, and therefore only create legal uncertainty in the regulation of insurance relations in the transport sector. Thus, business entities – carriers, especially the railway, are forced to violate the requirements of the law.
As a result, the author concludes that the successful completion of the reform of passenger insurance on land transport in Ukraine requires additional efforts in the field of regulatory activities, in particular: the adoption of the order of the Ministry of Development of Communities and Territories of Ukraine on the procedure and conditions for implementing liability insurance on railway transport, as well as the cancellation of the resolution of the Cabinet of Ministers of Ukraine No. 959 of 14.08.1996, which directly contradicts the Civil Code of Ukraine and the current Law of Ukraine «On Insurance».
Financial and legal provision of investment activities under EU legislation
Authors: Luchkovska S. I.
Published: February 2025

This article is devoted to the study of the financial and legal provision of investment activities under EU legislation. The author analyzes the legal mechanisms, financial instruments, and institutional foundations that facilitate investment attraction and the creation of a favorable investment climate in the EU.
Particular attention is paid to the study of the EU institutional system, which ensures the management, financing, and implementation of investment projects, promotes the attraction and effective use of investments. The role of the European Investment Bank (EIB) as the main financial institution of the EU, which provides financing for strategic projects in various sectors of the economy, including infrastructure, energy, innovation, and support for small and medium-sized enterprises (SMEs), is analyzed.
The article examines the key provisions of the main EU legal acts regulating investment activities, in particular the Treaty on the Functioning of the European Union. It is noted that EU legislation aims to ensure legal certainty, transparency, and predictability for investment process participants, which helps to reduce investment risks.
The author focuses on the financial instruments used to provision investment activities, in particular on EU programs, funds, projects, and initiatives. It is indicated that these instruments contribute to stimulating private investment through the use of co-financing mechanisms and the provision of guarantees.
The article also provides an overview of the legal challenges and problems that arise in the process of implementing EU financial and legal norms in Member States. In particular, the issues of harmonizing national legislation with EU legal standards, adhering to the principles of sustainable development, and ensuring financial stability are highlighted.
As a result of the study, it is concluded that effective financial and legal provision of investment activities in the EU depends on a balanced regulatory approach that takes into account both the interests of investors and the strategic goals of the EU, as well as on systematic financial and military support for Ukraine in the defense against armed aggression of the russian federation.
The author proposes a number of recommendations for improving the financial and legal regulation of investment activities in order to further develop the European single market and increase its competitiveness at the global level.
Local self-government as a tool for democratic development of Ukraine: from war to European integration
Authors: Petrunenko Ia. V.
Published: February 2025

The article examines the role of local self-government as a key tool of Ukraine’s democratic development in the context of war and on the path to European integration. The author analyses how decentralisation reforms strengthen the resilience of local communities to the challenges posed by Russian aggression, providing citizens with basic services and protecting their rights in crisis situations. In particular, the mechanisms by which local self-government becomes an important factor in democratic development, promoting transparency, accountability and citizen engagement in decision-making, are explored.
Particular attention is paid to the challenges faced by local communities during the war, including ensuring security, coordinating humanitarian aid, dealing with internally displaced persons, and restoring infrastructure. The article also highlights the importance of decentralisation for the future post-war reconstruction of Ukraine, emphasising the importance of effective cooperation between local communities and the central government.
In addition, the author analyses the relationship between decentralisation processes and Ukraine’s European integration, where local self-government is an important tool for approximation to European standards of governance and democracy. The potential of local self-government in the context of the implementation of European values, in particular, such as human rights protection, freedom and transparency of administrative processes, is also investigated.
The author argues that the successful implementation of local self-government in the context of war and post-war reconstruction requires not only the transfer of functions from the central government, but also the provision of the necessary resources to ensure the fulfilment of these functions. Effective work of local authorities, especially in the post-war period, will become the basis for sustainable development of the country, ensuring equal opportunities for all communities and creating conditions for Ukraine’s integration into the European community.
About the functioning of the board of directors and the legal nature of its decisions
Authors: Sert O. V.
Published: February 2025

In the article there is a detailed analysis of the national legal regulation of the composition and activities of the board of directors, which in a one-tier corporate governance structure can be broadly characterized as a management and control body. It also analyses the fundamental principles governing the operation of such a collegial corporate body. The research aims to analyse the national regulation of a one-tier corporate governance structure with the intent to identify the primary and supplementary principles of the board of directors’ operation, uncover their essence, evaluate their role, and elucidate the legal nature of the board’s decisions. To achieve this goal, the study uses various scientific methods, including technical-legal analysis, synthesis, analogy, modeling, comprehensive research, structural-functional analysis, comparative legal method and others. The article identifies the following as the core principles of the board of directors’ operation: collegiality, majority, equality of board members, accountability, regulation of the board’s activities, and prevention of conflicts of interest. Additional principles include transparency, propriety, and the competence of board members. The author pays particular attention to a detailed analysis of the provisions of the Law of Ukraine № 2465-IX «On Joint Stock Companies», which defines the composition of the board of directors, the decision-making procedure, the possibility of other persons participating in meetings with an advisory vote, and the principles of organizing the board’s work. The article examines the legal nature of the board of directors’ decisions to determine whether they should be classified as normative or non-normative acts. The author demonstrates that the decisions of the board of directors cannot always be regarded as the result of norm-making. Decisions of the board that do not establish new legal norms and address specific individual cases, such as appointing a Chief Executive Officer, have a non-normative nature. Conversely, decisions that set general rules of conduct have a normative nature. The author concludes that decisions of the board of directors to approve internal regulations or implement external standards, even if they merely activate existing norms, are themselves normative acts, as they establish the binding nature of these norms within the corporation.
The Harmonization of ukrainian and EU legislation in the field of consumer rights protection for digital services
Authors: Valko L. A.
Published: February 2025

The article examines the harmonization of Ukrainian legislation with the legal norms of the European Union (EU) in the field of consumer protection for digital services. Focus is placed on the implementation of key EU directives and regulations, including Directive 2019/770/EU on the supply of digital content and services, Directive 2011/83/EU on consumer rights, and the Digital Services Act (DSA). It is noted that Directive 2011/83/EU offers key approaches to regulating contractual relationships in digital services, which require implementation. The significance of Directive 2011/83/ EU is examined in the context of ensuring transparency in contractual relations between consumers and digital service providers, particularly regarding the provision of digital content updates.
The compliance of the “Law on Digital Content and Digital Services” and the “Law on Consumer Protection” with European standards is analyzed. The study shows that the Law of Ukraine, «On Digital Content and Digital Services,» partially aligns with Directive 2019/770/EU but requires further adaptation. Particular attention is paid to the analysis of the «reasonable time» principle defined in Directive 2019/770/EU and its insufficient implementation in Ukraine’s national legislation. Key aspects of digital services regulation in Ukraine are characterized by quality requirements, consumers’ rights to content updates, and safety assurance.
The importance of legislative harmonization for enhancing legal compatibility between Ukraine and the EU, ensuring consumer access to high-quality digital services, and stimulating the development of the digital economy is emphasized. Challenges are identified, including insufficient regulation of digital content updates, limited application of the “reasonable time” principle, and inadequate regulation of the technical characteristics of digital services. Recommendations are proposed for adapting the Law of Ukraine «On Consumer Protection» to the specifics of digital services.
Proposals have been developed to improve legal regulation in Ukraine, taking into account the standards and practices of the European Union. Particular attention is paid to legal safeguards for consumers in cases of breaches of digital service contracts. The necessity of adapting national laws to EU standards is highlighted, particularly by strengthening requirements for digital service providers regarding quality, timely updates, and content compatibility. The relevance of further implementation of the provisions of Directives 2019/770/EU, 2011/83/EU, and the Digital Services Act to ensure effective consumer rights protection is underscored.
Protection of the employee’s right to life in the field of labor at the state (legislative) level
Authors: Yuzko T. M.
Published: February 2025

The article is devoted to the problem of protecting the right to life of employees in the labor sphere at the state level, which is one of the key aspects of ensuring human rights in modern society. The right to life, enshrined in international instruments such as the Universal Declaration of Human Rights and the European Social Charter, and guaranteed by the Constitution of Ukraine, requires effective implementation, especially in the labor sphere, where employees face potential threats every day. The main attention in the article is paid to the analysis of legal mechanisms for protecting the right to life of employees, the effectiveness of state (legislative) protection for compliance with labor protection standards and the problems that arise in this area. The author emphasizes that in order to ensure the implementation and protection of human and civil rights and freedoms, the Constitution and legislation of Ukraine provide for the possibility of citizens taking certain actions, as well as the formation of a system of state bodies, the purpose of which is to assist citizens in the implementation and protection of their rights.
Attention is paid to the theoretical aspects of the “category of state protection”, which is quite complex and dynamic in its structure, since it combines a considerable subject composition and numerous legal instruments, and also provides for various forms of interaction in the process of implementing directly protective and security activities.
Separately, it is established that the substantive content of the term “state protection” is inextricably linked with such a category as the legal (social) policy of the state, since it is the political course that determines the direction of protection carried out at the state level, as well as its basic and fundamental foundations. The author emphasizes the need to distinguish three forms of state protection of the right to life of employees in the labor sphere: legislative, executive and jurisdictional (judicial). In addition, within these forms, it is proposed to determine the so-called “limits of legal influence”, which include public regulation and regulatory ordering.
The article emphasizes that the objective prerequisite for legislative activity is a stable social need for a regulatory act, on the basis of which legal regulation of relations in the labor sphere and effective and unhindered use of rights within such legal relations is carried out. The study is aimed at developing a comprehensive approach to protecting the right to life of employees, which is of great importance for the legal system and social policy of Ukraine. It is concluded that the protection of the right to life in the labor sphere is an important task of the state, which requires a comprehensive approach, including legislative regulation, effective control, training of employees and modernization of production processes.
Historical and legal prerequisites for Ukraine’s acquisition of nuclear-free status
Authors: Kovalchuk T. G. , Balyuk G. I. , Pakholok Y. P.
Published: February 2025

The article is devoted to the analysis of the historical and legal prerequisites for Ukraine to acquire a nuclear-free status. The article examines the stages of Ukraine’s refusal to use nuclear weapons for political and military purposes. In particular, the authors note that after gaining independence, our state became the third in the world in terms of the power of its nuclear potential after the USA and Russia. Ukraine, as a newly created state, due to historical circumstances, received the third most powerful nuclear arsenal in the world. At the same time, the authors note that Ukraine was in no hurry to follow the example of its former sister republics, having inherited more than 30% of the nuclear potential from the USSR. In particular, Kyiv, starting in 1991, tried to use its nuclear potential as a bargaining chip for security guarantees from major powers in the future. The refusal of nuclear weapons was to become an act of goodwill of Ukraine towards the world community, accelerate the development of relations with the leading powers of the world, deepen Euro-Atlantic and European integration, and participate in the activities of international organizations. The legal status of Ukraine as a nuclear-free state was declared in the speeches of the President of Ukraine and various state-level documents, and legally enshrined in the Declaration of the Verkhovna Rada of Ukraine “On the Nuclear-Free Status of Ukraine” dated October 24, 1991 No. 1697-ХІІ. At the same time, Ukraine received international legal guarantees of its own security, enshrined mainly in the Budapest Memorandum. However, these guarantees turned out to be only “paper” and did not prevent Russia from annexing Crimea and launching a full-scale armed invasion of Ukraine.
According to the authors, the ineffectiveness of these guarantees was influenced by the lack of an effective mechanism for their implementation in the Budapest Memorandum. In addition, the following factors indicate the ineffectiveness of the Budapest Memorandum: the Budapest Memorandum was not ratified by the parliament of any of the guarantor countries; Ukraine’s passivity in the context of the Budapest Memorandum provided an informational pretext for attempts to distort the interpretations of its provisions; Ukraine, as a party to the Budapest Memorandum, should itself take certain actions aimed at implementing the Memorandum.
Modern legal problems of restoration of lands damaged as a result of military operations
Authors: Bukhova D. M.
Published: February 2025

Military actions have had a global negative impact on the land and soil of Ukraine as a whole, causing widespread contamination and degradation. Daily airstrikes and shelling leave deep craters, heavy metals from shells and military equipment penetrate the soil and groundwater, soil permeability decreases, oxygen is displaced, biochemical and microbiological processes are disrupted, vast areas are scorched by fires, and the risk of toxic waste emissions from industrial enterprises in temporarily occupied territories of Ukraine increases. Additionally, there is massive flooding of closed and war-damaged mines. Furthermore, Ukraine is the most mined country in the world. Unfortunately, this list is not exhaustive. The restoration of Ukrainian land and soil is one of the priority tasks in the post-war period, as it affects not only the ecological safety of the state but also its economic stability and development.
Given the scale of the problems facing Ukraine, a comprehensive approach is needed, including legal, technological, and organizational support for land restoration. Important stages in this process are the assessment of the degree of damage, the development of an effective methodology for damage compensation, the implementation of modern technologies, the development and implementation of new regulations governing land restoration procedures, and the establishment of clear standards for soil quality.
Ukraine also needs to take into account the experience of other countries in land restoration after military conflicts, particularly those that have applied innovative approaches and modern technologies for soil rehabilitation. This will help implement the best practices and restoration methods, ensuring effective and rapid land recovery. International cooperation and support will play a crucial role in this process, as the issue of restoring land and soil damaged by war is not only a domestic matter for Ukraine but also a challenge for the entire global community. Successful examples of land restoration in other countries demonstrate Ukraine’s readiness and ability to cope with the consequences of war and ensure sustainable development in the future, which is a priority task on which Ukraine’s future depends. Considering environmental, economic, and social aspects in the restoration process will allow not only to restore soil fertility but also to create conditions for sustainable development and prosperity of the country.
International environmental trends in approaches to the right to general water use
Authors: Handziuk T. O.
Published: February 2025

The purpose of the publication is to highlight the main trends of international environmental policy in the field of legal regulation of the use of water bodies, reflect their impact on the content of the right to general water use and reveal the feasibility of taking into account the conceptual principles of international law when forming modern national environmental policy and environmental legislation.
Based on the analysis of international documents regulating relations on the issues of the human right to water and domestic scientific research in this area, it is concluded that the human right to safe and high-quality drinking water is covered by the right to water, which in turn has an indirect impact on the transformation of the content of the right to general water use.
The article, based on a systemic analysis, examines the general essential characteristics of international policy on the implementation of the fundamental right to water and ensuring sustainable development. Separately, new approaches to understanding the content of legal relations in the field of water use in the context of the issues of access to clean water, preserving a sufficient amount of water resources to meet the vital needs of both the present and future generations are considered.
Special attention is paid to the study of the rights of indigenous peoples to natural resources and their use from the point of view of their impact on the transformation of the essence of the institution of the right of general water use, and it is found that currently taking into account the traditions and way of life of indigenous peoples, their attitude to natural resources is becoming relevant due to the need to focus on nature itself (in particular, water bodies), and not on economic or political views.
Through the analysis, it was concluded that the right to general water use is not limited to its traditional understanding as one of the forms of the right to natural resources in comparison with special water use. Therefore, the right to water use requires a broader interpretation by expanding its content in the context of leading international concepts for solving modern problems in the field of water use and ensuring sustainable development.
Legal regulation of energy relations in Ukraine in the context of sustainable development
Authors: Hrachuk V. S.
Published: February 2025

The article is devoted to the analysis of legal regulation of energy relations in Ukraine in the context of sustainable development. The main challenges of the energy sector are considered, in particular the issues of energy efficiency, the use of renewable energy sources and the introduction of the latest technologies. The role of international standards and obligations of Ukraine is analyzed, in particular within the framework of European integration and the implementation of the UN’s sustainable development goals. It is found that the current legislation of Ukraine is mainly focused on traditional energy sources, which creates obstacles to the development of renewable energy. However, the introduction of European standards contributes to the transformation of energy policy. In particular, legal regulation of renewable energy sources and energy saving are priority areas within the framework of sustainable development. Particular attention is paid to the analysis of the regulatory and legal aspects of the energy system functioning during martial law.
The key role of state authorities in regulating energy relations in Ukraine and in ensuring the efficient functioning of the energy sector, protecting the interests of consumers and the State, as well as in implementing the State policy in this area is established. The author describes the main functions of the state authorities responsible for regulating energy relations: The Ministry of Energy of Ukraine, the National Commission for State Regulation of Energy and Public Utilities, the State Service of Ukraine for Geology and Subsoil, the State Environmental Inspectorate of Ukraine, the State Energy Supervision Service, and the State Statistics Service of Ukraine. The report identifies the adaptation of the national energy system to the European energy system and further implementation of energy reforms to fulfil Ukraine’s commitments to approximate its energy legislation to EU legislation as priorities for further transformation of Ukraine’s national energy policy in the context of European integration.
Legal support for the protection of forestry lands in modern conditions
Authors: Korsun-Tsurkan A. B.
Published: February 2025

The article analyzes the legal framework for protection of forestry lands in modern conditions. Protection of subjective rights of forestry land owners and users of such lands, as well as protection of the established procedure for the use of such lands by these entities, creates the necessary basis and proper conditions for their economic and other activities. Analyzing the current land and forest legislation as a regulatory and legal protection of these lands, the author comes to the conclusion that the peculiarities of the legal regime of forestry lands also determine the specifics of their protection.
The point is that these lands act simultaneously as a spatial and operational basis and the main means of production in forestry. The state of forestry lands directly affects the state of forest resources. Therefore, the implementation of land protection measures can have a positive impact on the protection of forests, which the legislator considers to be a national treasure.
Analyzing the correlation between rational use and protection of land, the author believes that the protection aspect should dominate over the exploitation aspect, as this is in line with the requirements of the legislation on the priority of environmental interests over economic ones.
The article emphasizes that protection of forestry lands as the basis of the ecosystem is a set of land protection measures aimed primarily at preventing the reduction of the area of these lands and deterioration of their condition. Among the peculiarities of legal support for the protection of forestry lands due to the specifics of their legal regime, the author identifies the following: a) direct natural and biological connection between the use of these lands and forestry; b) subordination of the legal regime of these lands, established by the norms of land, forestry and environmental legislation, to the regime of protection and use of forests as a complex natural formation; c) designation of forestry lands for forestry, the content and basic requirements of which are enshrined in the norms of forestry legislation, is a necessary condition for legal support of protection of these lands; d) management in relations with respect to protection of land.
Legal problems of land protection under martial law
Authors: Yermolayeva T. V. , Lytvynova K. A.
Published: February 2025

The article is devoted to the study of legal problems of environmental security under martial law in the context of land use and protection management. Martial law significantly changes the legal regime that regulates the use of natural resources, in particular land. The article analyzes the impact of martial law on the legal regulation of land relations, identifying the main problems that arise in the field of environmental protection, and suggests ways to solve these problems. In particular, the need to improve environmental and land legislation, adapt regulatory acts to wartime conditions, and develop new mechanisms for effective land resource management is emphasized. The provisions of the current legislation in the field of land use and protection under the legal regime of martial law are analyzed. The features of regulatory and legal regulation that affect land resource management under armed conflict are considered. The main legislative acts that regulate land use are identified, their effectiveness is assessed, and gaps that complicate the protection of land resources are identified. Particular attention is paid to the problems of legal support for the assessment of damage to soils, land restoration and financing of rehabilitation programs. Ways are proposed to improve the legislative framework, in particular, the creation of a comprehensive state strategy for land management adapted to the conditions of crisis situations. Innovative approaches to solving these problems are proposed, in particular, the creation of a land monitoring system, the introduction of damage assessment methods, economic incentives for rational land use, as well as the development of a comprehensive land protection strategy. The results of the study are aimed at improving land management to ensure environmental safety and sustainable development of the country in times of crisis.