bluuebunny/crossref_metadata_2025 huggingface dataset:
Legal nature of the position of Commissioner for the European Court Of Human Rights
Authors: Herasymenko Ye. S.
Published: February 2025

The article is devoted to the legal nature of the position of the Commissioner for the European Court of Human Rights as a factor in determining its legal status, including the procedure for appointing candidates to this position. The relevance of the study is mainly due to the incorrect approach reflected in the legislation of Ukraine to understanding the nature of the position of the Commissioner for the European Court of Human Rights and determining its legal status. The results of the study substantiate that the position of the Commissioner for the ECHR should be defined at the level of the legislation of Ukraine as a civil service position, given that the Commissioner for the ECHR, within the limits of his competence established by the provisions of the legislation, independently performs administrative functions related to the implementation of the requirements of the Law of Ukraine “On the Execution of Decisions and Application of the Practice of the European Court of Human Rights” and other regulatory legal acts by which the Commissioner for the ECHR is guided in his activities. At the same time, requirements for candidates for the position of the Commissioner for the ECHR and the competitive procedure for his appointment should be established, with the Minister of Justice being given the opportunity to choose from among the three candidates selected by the competition commission for the position of the Commissioner for the ECHR, taking into account the special nature of his power-management and representative functions for further submission of the appropriate candidate to the Cabinet of Ministers of Ukraine for appointment. However, the Commissioner for the ECHR, due to the nature, tasks and powers inherent to this position, cannot be recognized as an employee of the patronage service of the Minister of Justice, since the patronage service is not accompanied by the personal performance of state and local government functions by employees of the patronage service, but rather by the provision of advisory, informational, communication and other assistance to political figures and civil servants who may form the patronage service. Similarly, the fact that the position of Commissioner for the ECHR is not classified as a political position excludes the fact that this official does not form state policy in a particular area of public relations, is not an elected official, and his or her managerial discretion in the main areas of his or her activity is insignificant.
Extraordinary circumstances as a basic for the formation of the legal order: practical aspects of legitimacy
Authors: Vihirinskyi A. V.
Published: February 2025

The article examines the relationship between extraordinary circumstances that arise and evolve in reality and their capacity to decisively influence the transformation and establishment of legal order in the state, without the formal implementation of emergency legal regimes in compliance with standard legal procedures.
The study explores the grounds and objectives for introducing emergency legal regimes, such as the states of emergency and martial law. It is determined that, despite the diversity of circumstances necessitating their implementation, the primary purpose of these regimes is to restore a legal order free from threats and to return the state of operation and authority of competent bodies to their pre-crisis condition.
At the same time, the article analyzes the events of 2014 related to the restoration of the Constitution of Ukraine and the termination of the powers of Ukraine’s fourth president. It is revealed that the decision-making procedures applied during this period did not conform to the then-effective version of the Constitution. However, the motives and rationale for these decisions reflected the socio-political and legal realities, which were extraordinary in nature, as their legitimacy stemmed from the people’s exercised right to resistance.
Any procedural actions concerning changes in governance, adoption, and signing of laws after the flight of President Viktor Yanukovych would have contradicted Article 6 of the Constitution of Ukraine. Under such circumstances, the author suggests viewing the events of the Revolution of Dignity as those of an extraordinary situation, during which the existing legal system ceased to serve as a framework for determining the legality of actions. Instead, the formal legal approach functioned solely as a mechanism for documenting the altered legal order.
In this context, the sovereign’s will, though formally aimed at restoring order, simultaneously established a new legal order that differed from the one existing before the emergence of extraordinary circumstances.
The analysis concludes that, despite the absence of a formally declared emergency legal regime, extraordinary circumstances as real-world phenomena effectively enabled changes in the organization of public authority in Ukraine. The legitimacy of these actions, in turn, facilitated the legalization of the new legal order.
Freedom of religion and the right to refrain from actions incompatible with a person’s religious or other beliefs: a general theoretical overview
Authors: Marych N. I.
Published: February 2025

Freedom of religion and the right to refrain from actions incompatible with a person’s religious or other beliefs: a general theoretical characterisation.
The article explores the general theoretical aspects of freedom of religion and the right to refrain from actions incompatible with an individual’s religious or other beliefs.
It analyіes key international human rights documents that proclaim freedom of religion and the right to abstain from actions that conflict with religious or other personal convictions.
The article emphasises that freedom of religion, as one of the most important human values, fosters the natural need for individuals to determine their faith and practice it (in an active or passive form). Freedom of religion is highlighted as a crucial factor in fostering a tolerant society, building a democratic legal state, and promoting mutual respect, trust, understanding, and equality among people of various religions and beliefs.
The study concludes that freedom of religion can be understood as both a natural right (a God-given ability) and a legal right (an ability granted and guaranteed by the state).
It asserts that an essential component of the natural right to freedom of religion is the ability to abstain from specific actions incompatible with one’s religious or other beliefs, such as: military service due to religious or other convictions and its substitution with alternative service; consumption of certain foods; use of specific symbols or identification numbers; wearing or using particular clothing; working at specific times;nreceiving scientifically justified medical treatments, including vaccination; participating in religious, public, or state rituals (ceremonies); taking religious or other oaths, among others.
The article notes that Ukrainian legislation reflects the right to substitute certain legal obligations incompatible with religious or other beliefs. This option is considered a component of freedom of religion as a subjective legal right.
It is proposed to amend Article 35 of the Constitution of Ukraine (1996) to explicitly proclaim the right to substitute certain legal obligations incompatible with religious or other beliefs and specifying this right in the Law of Ukraine “On Freedom of Conscience and Religious Organisations” (1991) and other regulatory legal acts of Ukraine.
Statutes of territorial communities as an integral foundation for the functioning of participatory democracy
Authors: Pyvovar M.
Published: February 2025

Public democracy has become an integral part of modern democratic institutions, especially at the local level, serving as an indicator of their effectiveness. It is difficult to imagine a democratic society without local democracy, and therefore, without the functioning of local self-government institutions. It is worth noting the primary English slogan-principle, «Nothing About Us, Without Us,» introduced by the international movement of people with disabilities to highlight fundamental shifts towards their participation in all aspects of political, social, economic, and cultural life. Over time, this slogan and its modifications («All That Is Without Us Is Not For Us,» «Do Not Act For Us Without Us,» «If It Is Without Us, It Is Not For Us») have become widely recognized as a symbol of the notion that no society can be considered democratic if it lacks mechanisms for participation in decision-making at both the national and local levels. Accordingly, Article 5 of the Constitution of Ukraine states: «The people are the bearer of sovereignty and the sole source of power in Ukraine». Thus, citizens have the right to influence power directly and through their representatives.
When considering democratic values through the lens of participatory democracy, it is essential to provide residents with guarantees for exercising their rights at the local level. Sustainable development of a democratic society in the context of public participation depends on robust normative provisions in the form of territorial community statutes, which are the primary legal acts within their respective territories. The effectiveness of a territorial community statute lies in its ability to provide genuine resources, autonomy, and capacity to address local issues. This includes community participation in shaping urban policies, budgets, strategies, and development programs, receiving support from local authorities in resolving issues of local importance, and actively engaging in various international projects to develop infrastructure within any territorial community in Ukraine. Statutes serve as legal instruments that confirm autonomy, ensure independence in addressing specific issues, and emphasize the regional identity of each community.
Cultural rights of citizens: features of provision and implementation
Authors: Ratushna O. M.
Published: February 2025

The article is devoted to the peculiarities of ensuring and realizing the cultural rights of citizens as real opportunities for a person to realize all his rights and freedoms in the state. These rights determine the direction of state policy and the level of democratization of society.
It is emphasized that the cultural rights of citizens determine the vector of spiritual, moral-psychological, and socio-value development of a person and provide him with the possibility of full self-identification within the boundaries of a specific nation. An important aspect of the realization of cultural rights by citizens, which is guaranteed by the state, is free access to the assets of civilization and a specific social community for the purpose of developing the national idea.
It was found that cultural rights are a complex of constitutional rights and freedoms that provide opportunities for free spiritual development of a person. Along with the opportunity to «use», citizens have the right and duty to «develop», «preserve», «multiply» the cultural achievements of their nation. Such a responsible approach will enable future generations to fully realize their cultural rights and will contribute to the establishment of the national identity of Ukrainians.
It was emphasized that all human rights guaranteed by the Constitution have the same value and significance within the legal status of a person. Today, the cultural assets of the nation, its spiritual values, the opportunity of every citizen for cultural and spiritual development, as well as the opportunity of future generations to realize all their rights are what our state is fighting for.
If the state encourages citizens to develop and preserve cultural heritage, at the same time, providing a full opportunity to enjoy cultural rights, then society will automatically generate humanistic ideas and form valuable worldview beliefs of the individual.
It is noted that a person who has the opportunity to properly implement state-guaranteed cultural rights will be able to form his own legal awareness, legal culture, and ideological beliefs based on general civilizational and national values.
Attention is focused on the fact that according to the Constitution of Ukraine citizens are guaranteed the right to education, to the freedom of literary, artistic, scientific and technical creativity.
Referendum democracy in Ukraine: problems and ways to improve
Authors: Kharchenko A. , Romtsiv O.
Published: February 2025

The article is devoted to the analysis of the constitutional and legal framework of the all-Ukrainian referendum in Ukraine, consideration of the practice of its holding, and also to the identification of problems in legal regulation and implementation mechanisms.
The article notes that an all-Ukrainian referendum is an important instrument of direct democracy which provides citizens with the opportunity to influence decision-making of national importance. However, the current legal framework governing referendums in Ukraine has significant regulatory and procedural shortcomings which create obstacles to the effective implementation of this institution. Imperfect legislation makes it difficult to conduct referendums in accordance with democratic standards, and political factors can impede the transparency and impartiality of the process. Solving these problems is a prerequisite for the development of a stable system of direct democracy in Ukraine.
The article notes that the political situation in Ukraine, including the rule of law, the war in the east and economic instability, poses risks to referendums. In particular, there is a possibility of manipulation by politicians or the use of referendums to undermine democratic institutions. Such referendums may cause additional social polarisation, especially if the questions relate to controversial topics such as EU or NATO membership or language status.
Special attention is paid to possible ways to improve the legal provisions to ensure the effectiveness and transparency of the referendum process. In particular, attention is drawn to the regulatory limitations, procedural shortcomings and political challenges that affect the possibility of implementing referendums in accordance with democratic standards. The article also examines the compliance of Ukrainian legislation with international norms and principles of referendums and analyses foreign experience that may be useful for improving the legal framework of the all-Ukrainian referendum.
Ukraine’s referendum legislation is generally in line with international standards, but requires further harmonisation to be in line with democratic principles and international norms. The key recommendations of international organisations such as the Venice Commission include transparency of the referendum process, ensuring freedom of expression and involvement of the parliament in overseeing the referendum.
The right to peace: the main problems of implementation
Authors: Romtsiv O.
Published: February 2025

The article is devoted to the analysis of the constitutional and legal foundations of the right to peace, consideration of the practice of its application, and also to the identification of problems in legal regulation and implementation mechanisms.
The article notes that the right to peace should include the following components: the right to advocate peace; peaceful coexistence and peaceful cooperation; prohibition of the threat and use of force; the right to development, which is an exclusive condition for peace; the right to human rights education; mechanisms for maintaining peace and security; remedies for violations of the right to peace; and the right to resist colonial foreign occupation and dictatorship.
Despite the fact that the right to peace is enshrined in international standards, its implementation is constantly subject to negative impact. International instruments are usually declarative and do not have effective mechanisms to enforce their provisions by signatories. Of course, this is primarily due to the peculiarity of the subject composition of international law, as its main participants are states. They cannot be subject to the same methods of coercion as individuals or legal entities.
Another, and currently the most obvious problem, is the imperfection of international institutions such as the United Nations (UN). Despite its broad powers, the UN faces difficulties in taking collective action due to political differences between member states. Thus, the veto of the permanent members of the Security Council often paralyses decision-making in crisis situations, making it difficult to respond to conflicts and ensure peace.
The main problems that hinder the realisation of the right to peace include: insufficient effectiveness of international law; the political will of individual states to create a threat to global security through their own domestic national interests; the weak role of international organisations in maintaining global order; the inability to apply sanctions to a state that violates international law that will ensure respect for rights in the future; failure of states to comply with international court decisions aimed at restoring violated rights.
Administrative legislation in the sphere of public control in the judicial system of Ukraine
Authors: Nalyvaiko O. Y.
Published: February 2025

The article analyzes the norms of the current legislation of Ukraine on administrative and legal regulation of the sphere of public control over the activities of judicial authorities. The peculiarities of ensuring the system of information openness and transparency of the activity of courts and judges for the public through the proper implementation of the multifaceted and multidirectional functionality of public control on issues of accessibility to public information and general organizational aspects of the practical implementation of the constitutional right of citizens to appeal are disclosed. The place of key subjects of public control is outlined, including public associations and media representatives, who play a decisive role in the field of monitoring the public sphere, detecting abuses by officials, promoting the implementation and protection of rights and freedoms, and the legitimate interests of citizens.
The principles of state policy in the field of formation of civil society institutions are defined, where the main principles include: the establishment of civil society as a guarantee of the democratic development of the state; strengthening of interaction between public authorities and citizens’ associations, introduction of public control over government activities; ensuring the independent activity of citizens’ associations; creation of conditions for ensuring the representation of citizens’ interests in representative authorities; holding consultations with the public on important issues of the life of society, participation of the people in making socially important decisions.
The importance of informational openness of public administration is argued, which is the key to establishing stable, fruitful and trusting cooperation of the population with representatives of the judicial system. Ensuring access to public information and guaranteeing the implementation of citizens’ appeal mechanisms is of key importance. In this way, opportunities are provided to participate in the management of state and public affairs, to influence the improvement of the work of authorities, to defend their rights and legitimate interests and to restore them in case of violation.
Right to information on the digital environment
Authors: Shpugаnych I. I. , Samahalska Y. Ya.
Published: February 2025

The article analyzes the concept and essence of the right to information as part of the right to freedom of speech and expression. This approach is enshrined in international law and supported by ntional legislation. The Law «On Information» is considered to be as general law regulating the right to information in Ukraine, which stipulates that the right to information includes freely receiving, using, distributing and storing it for the implementation of person’s rights and legitimate his interests. It is also allowed to protect it from illegal encroachment by others.
By having analyzed the rights regarding the right to information the authors come to the conclusion that the right to be forgotten (deleting one’s information) is the part of the right to information, which must be directly enshrined in current legislation.
The article pays special attention to the notion of «information» itself and its classification depending on the mode of access to it, because it is on it that the procedure for exercising the right to information will depend. Thus, information is divided into open information and information with limited access. Open information includes public and regulated information, which have their own specialized legislation.
Information with limited access also is divided into confidential, work and secret information, each of which is given a separate characteristic in the article.
The article analyzes the problems encountered in practice by person who exercise their right to preserve information with limited access, establishes a distinction between confidential information and trade secrets, and also determines that personal data is part of confidential information.
The article also defines the concepts of information that are not enshrined in current legislation, in particular, work and secret information, and also defines and analyzes the concept of professional secret. The legal regulation of such information is characterized.
The authors also draw attention to the issue of establishing a balance between the right to protect information about oneself and the right to collect information about anothers. The issue of defamation disputes as part of the right to freedom of speech and expression is explained.
The right to appeal in the administrative proceedings
Authors: Soloviova O. M. , Balakarieva I. M.
Published: February 2025

The paper deals with the general characteristics of the right to appellate review of a court decision in administrative proceedings and interpreting its constituent elements and problematic issues of practical implementation. An effectively functioning mechanism for appealing a court decision helps strengthen citizens’ trust in the judicial system in general, especially when it comes to protecting the rights and legitimate interests of individuals violated by subjects of power in the sphere of public legal relations.
It is established that the appellate proceedings, within the framework of which a person exercises the right to the appellate review of a case, can be classified in several aspects depending on the purpose: as one of the basic principles of judicial proceedings; as a guarantee of review of court decisions; as a method of correcting judicial errors probably made by the court of first instance; as means of restoring legality; as a component of the right to a fair trial. Each of the above mentioned aspects of comprehension the appellate proceedings is completely correct and does not contradict each other, drawing on its essential purpose and helps understanding the internal essence of the right to appellate review of an administrative case.
It has been determined that ensuring appellate review of a case is covered by the actions of certain persons that can initiate appellate proceedings and the powers of the court after receiving an appeal to review the court decision of the court of first instance.
Based on the analysis of the research, regulatory and legal sources and legal positions expressed by the Supreme Court, it is concluded that in order to exercise the right to appeal to the court of appeal, a number of prerequisites are required, the so-called preliminary conditions for exercising the right to appeal. In particular, the conditions for appellate review of an administrative case include the following:
1) the range of persons who are entitled to the right to appeal; 2) the list of court decisions, determined by procedural law, that may be appealed; 3) substantiation of the grounds for reviewing court decisions on appellate procedure; 4) the period of time within which a person may file an appeal; 5) the need to pay a court fee in the required amount for filing an appeal; 6) the powers of the court of appeal concerning the results of the consideration of an appeal against a court decision.
Financial technologies as an object of financial and legal regulation
Authors: Tytarenko D. V. , Kostenko V. R.
Published: February 2025

The article analyses financial technologies as an object of financial and legal regulation in the context of globalisation and development of the digital economy. The author examines the essence and features of financial technologies, their development, as well as the problems arising in the process of their implementation and application. The article examines how the rapid development of innovative financial instruments, in particular cryptocurrencies, blockchain technologies, mobile payment systems and systems based on artificial intelligence, poses new challenges and requirements to legal institutions. In particular, the article examines the stages of development of financial technologies, ranging from traditional banking operations to the latest digital financial instruments that are actively changing financial markets and the structure of traditional financial institutions. An important place is occupied by the analysis of legal issues related to the need to adapt national and international norms to new realities, in particular, insufficient regulation of a number of financial innovations, such as cryptocurrencies, decentralised financial systems, etc. Given the high level of rapidly developing innovations, the article emphasises the need to create specialised legislative mechanisms and regulations for effective regulation of financial technologies.
The authors pay special attention to the experience of international practice, in particular, legislative initiatives of the European Union, where the introduction of regulations such as PSD2 has contributed to the development of new payment systems and technologies. In particular, the author emphasises the importance of legal support for the security of financial transactions, protection of users’ rights and prevention of risks associated with the use of new technologies.
The article concludes with conclusions on the need for a comprehensive approach to the legal regulation of financial technologies, which will ensure stability, transparency and security of financial markets. The authors emphasise that an important component of this process is the interaction of government agencies, international organisations and financial institutions to create a unified legal environment that will promote innovation in the financial sector and protect the rights and interests of all financial market.
Financing of terrorism: international strategies of counteractivity and their influence on Ukraine
Authors: Tkachov I. V. , Ilchenko Y. O.
Published: February 2025

The financing of terrorism is one of the most pressing issues of modernity, requiring a comprehensive approach to counteract. This paper examines the primary mechanisms by which terrorist organizations acquire resources, as well as the effectiveness of international regulation in this area. Special attention is given to the activities of international organizations such as FATF, G20, and IMF, which set standards and recommendations for countries seeking to ensure financial security. The study explores how these organizations shape the frameworks for national financial monitoring systems and emphasizes the importance of international cooperation in preventing terrorist financing.
The article also analyzes the regulatory frameworks governing the financing of terrorism, including United Nations Security Council resolutions and FATF recommendations. It is revealed that these documents outline the fundamental principles and requirements for countries to pursue effective financial monitoring policies.
However, despite active efforts at the international level, many countries face significant challenges. The paper investigates issues related to insufficient technical infrastructure for detecting complex financial schemes, corruption, and poor coordination among state agencies. The existence of such challenges significantly complicates the implementation of effective strategies to counter terrorist financing. Examples of financing for terrorist organizations and their international regulation are discussed, demonstrating the need for further enhancement of legal mechanisms and practices in this area. Ensuring effective countermeasures against terrorist financing can only be achieved through the collective efforts of states, international organizations, and financial institutions, highlighting the importance of global responsibility in this matter.
The article reveals the objective and subjective side of the crime «financing of terrorism», material support of a terrorist group or organization is characterized. The recommendations of the Financial Action Task Force to Combat Money Laundering (FATF) are analyzed and their influence on the formation of states’ approaches, including of Ukraine to combat the financing of terrorism.
Administrative and legal principles of the activities of honorary consuls of foreign states and consular institutions headed by such consuls in Ukraine
Authors: Khachatrian A. A.
Published: February 2025

The article substantiates that today the fundamental issues of the functioning of diplomatic and consular institutions, official activities of ambassadors, other diplomats and consuls are determined by a certain extensive domestic legislative body, international legal acts, supported by a number of relevant international customs and traditions. At the same time, in every democratic country of the world, the legal field on the organization of the performance of diplomatic and consular functions is additionally developed, which is fully related to ensuring the realization of the legal status of honorary consuls of foreign countries and consular institutions headed by such officials.
The provisions of the current domestic administrative legislation regarding the functioning of diplomatic and consular institutions, official activities of ambassadors, other diplomats and consuls have been analyzed. Systematization of the relevant legal array was carried out under four normative-legal blocks, the first of which includes a set of consular conventions concluded between Ukraine and foreign countries, other international treaties. The second block covers key, fundamental documents aimed at promoting the implementation of state policy in the field of international relations and diplomacy. The third block of normative legal acts is aimed at forming the legislative basis for the organization of ensuring the functioning of the system of diplomatic and consular service bodies. The fourth legislative block incorporated legal acts on regulating the order and procedure of providing consular services.
The key idea of the publication is that society defines and confirms the European identity of the Ukrainian people and the irreversibility of Ukraine’s European and Euro-Atlantic course. Currently, most of the available diplomatic capabilities are directed to the further stable establishment and significant improvement of interstate relations with the EU and NATO countries. Our state received a unique historical chance through the intensified European integration processes to reach a completely new level of civilization in the development of statehood and civil society.
Administrative and legal tools of interaction of the National Police of Ukraine with the public in the field of preventive activities
Authors: Khrebtova A. A. , Pozniak Ye. A.
Published: February 2025

An integral component of law enforcement is preventive police activity, which is a special type of activity of special police bodies authorized for this purpose, aimed at implementing a system of certain measures to identify and eliminate the causes and conditions that contribute to the commission of offenses and influence on persons prone to illegal behavior. This is a unique, most humane way of fighting crime, a means of maintaining the proper level of law and order in society, ensuring the rights and legitimate interests of citizens. This activity becomes especially important in the conditions of martial law. Moreover, the new reality forces us to look for appropriate solutions and update approaches to the organization of security of public spaces, and the leading place in the implementation of these measures, of course, belongs to the units of preventive activities of the National Police of Ukraine, which are closest to the population. In the conditions of rapid changes in society, the growth of challenges and threats to public safety and order, it is more important than ever to find new approaches and implement effective strategies of preventive activity, in which the scientific and practical approach plays a decisive role in understanding and implementing the most optimal administrative and legal tools of preventive activity National Police of Ukraine. At the current stage of development of law enforcement agencies in Ukraine, a wide range of administrative and legal tools are used in the preventive activities of the National Police. However, the need for further updating of the administrative and legal toolkit of preventive activities of the National Police of Ukraine remains indisputable today. After all, despite the existing progress and achievements, a number of problematic aspects in this area remain unresolved. It seems appropriate to develop a comprehensive strategy for improving the administrative and legal tools of preventive activities of the National Police of Ukraine, including through the introduction of artificial intelligence. At the same time, the issue of improving the administrative and legal instruments of preventive activities of the National Police of Ukraine requires further scientific research.
The role of the notary in the system of alternative dispute resolution: theoretical foundations and practical aspects
Authors: Khrebtova A. A.
Published: February 2025

In modern legal systems aimed at the humanization of conflict resolution procedures and making justice more accessible to society, alternative methods of dispute resolution are gaining increased attention. Alternative Dispute Resolution (ADR), including mediation, arbitration, negotiations, and other forms of pre-litigation settlements, has become particularly significant against the backdrop of overburdened judicial systems, the complexity of traditional procedural mechanisms, and the rising costs of litigation. This situation necessitates a reevaluation of the roles and functions of professional legal institutions and participants in legal transactions, with notaries occupying a key position in this process.
Traditionally, a notary, as a guarantor of the legality and authenticity of legal transactions, has been perceived primarily as a professional responsible for certifying legal facts, drafting agreements, and ensuring public trust in such documents. However, the evolution of the notarial institution in recent decades highlights a trend toward expanding its scope of functions and responsibilities. Increasingly, notaries are acting not only as «documenters» of the parties’ intentions but also as mediators, advisors, and even «auxiliary arbitrators» in resolving disputes without judicial intervention. This balanced combination of traditional notarial functions and innovative approaches to out-of-court dispute resolution holds significant potential for enhancing the efficiency of legal systems and fostering public trust in legal institutions.
This article aims to provide a comprehensive analysis of the theoretical foundations and practical aspects of the notary’s role in the ADR system. It will explore the essence and characteristics of various ADR forms, delineate the competencies of notaries in these processes, and examine the current state of legal regulation and practical precedents of notarial involvement in out-of-court mechanisms for resolving legal disputes. The findings of this research will have both theoretical and practical implications, contributing to the improvement of legal norms, the development of recommendations for practicing notaries, and the establishment of a scientific and methodological framework for advancing the notarial institution as an active participant in the ADR system.
Tax consequences of investing in cryptocurrencies: Ukrainian and international experience
Authors: Chumachenko V. V.
Published: February 2025

The article explores the tax aspects of investing in cryptocurrencies, specifically the legal approaches to taxing digital assets in Ukraine and globally. The rapid expansion of cryptocurrencies and the growing interest in them from investors pose new challenges for states in regulating this area, particularly regarding the taxation of income from such investments. The author analyzes the current Ukrainian legislation on cryptocurrencies and tax obligations, comparing it with regulatory approaches in developed countries such as the United States, Germany, and Switzerland, which have already developed detailed mechanisms for taxing cryptocurrency transactions. The primary focus is on defining the legal status of cryptocurrencies as assets, addressing their taxation as income from sales or exchanges, and examining the possibility of applying standard capital gains tax schemes. The article highlights the issues of legal uncertainty in national legislation, particularly the lack of clear classification of cryptocurrencies as taxable objects, and the risks this uncertainty poses for both investors and the state. Special attention is given to the significance of tax regulation as a tool for either stimulating or hindering the development of the cryptocurrency market. The article proposes potential ways to improve cryptocurrency tax regulation in Ukraine based on advanced international practices. Specifically, it emphasizes the need to harmonize national legislation with the tax norms of the EU and other countries that have already developed comprehensive models for taxing digital assets. The study is highly relevant in the context of the rapid development of the digital economy, global market integration, and the need to adapt the tax system to the realities of the digital asset market. The author stress the importance of establishing transparent and comprehensible tax norms that will encourage investment in the digital sector of the economy and ensure the financial stability of the state.
The role of international financial law in combating money laundering
Authors: Sharenko M. S. , Chumachenko V. V.
Published: February 2025

The article examines the role of international financial law in combating money laundering on a global scale. Money laundering, which involves the legalization of proceeds obtained through criminal means, is one of the main threats to modern financial stability and security. This issue has a cross-border nature, as financial crimes often span multiple jurisdictions, significantly complicating their detection and suppression. The absence of unified standards or coordinated actions between countries creates favorable conditions for illegal activities, including the use of offshore zones and complex schemes to conceal the origins of funds. The article analyzes key international instruments such as the FATF (Financial Action Task Force) recommendations, which establish general standards for combating this phenomenon and provide methodologies for detecting and addressing financial crimes. Special attention is given to the role of European Union regulatory acts, including the Sixth Anti-Money Laundering Directive (6AMLD), which significantly expands the requirements for the national legislation of member states, introducing new rules for the identification of financial crimes and enhancing liability for their commission. Furthermore, the article emphasizes the importance of international cooperation, which is essential for the effective counteraction of financial crimes and ensuring transparency in financial transactions. The Ukrainian context of implementing international standards into national legislation is also highlighted. Key challenges are addressed, including corruption, limited technical resources, and the insufficient efficiency of law enforcement agencies. The article underscores the pressing issues of digitalizing financial monitoring processes, introducing automated reporting systems, and expanding international information exchange on suspicious transactions. Finally, it outlines prospects for further regulatory improvements that can strengthen financial security at both national and international levels.
Peculiarities of the functioning of the electoral system of Ukraine under martial law
Authors: Tsehmister Y. V. , Yurakh V. M.
Published: February 2025

The ability of our country’s electoral system to function is a constitutional guarantee of the exercise of Ukraine’s state sovereignty at all stages of its development. In today’s conditions, when there is an existential threat to the country’s independence, territorial integrity and constitutional order, holding elections is one of the possible options for changing the situation, both internally and externally. Accordingly, the study of the peculiarities of the functioning of the electoral system as a whole and the state of its integral components in the current military realities makes it possible to analyse and assess the prospects for holding elections in the country in the near future.
Holding parliamentary elections in the country will make it possible to form a Government of National Unity, to consolidate all political forces to achieve the only important goal today - to win the war, or at least to achieve peace from a ‘strong’ position for the state. The holding of elections in the country, in the opinion of many international experts, and above all of Ukraine’s most desperate partners at the international level, can change the negative paradigm of attitudes towards the country’s prospects in all its endeavours, such as European integration and approximation to NATO membership. This study aims to draw conclusions about the existing problems and shortcomings of all mechanisms of the electoral system and to propose ways to address and resolve them. As a central element of public law, the structural components of which determine the specifics of the functioning of power in Ukraine at the state and self-government levels, based on a political basis, the electoral system concentrates chains of interaction aimed at creating the highest institutions of power. At the same time, it is based on the basic principles of people’s sovereignty, which, through democratic principles, creates conditions for citizens’ participation in democracy. It is stated that the electoral system in Ukraine is in a difficult state, since the vast majority of its instruments are ineffective, and the implementation of most of the principles of electoral law is under threat. The author offers her own position on solving the most pressing problems of the functioning of the electoral system of Ukraine under martial law.
Administrative and legal anti-corruption in tax authorities during the performance of their control functions
Authors: Opatsky R. M.
Published: February 2025

The article examines the issues of administrative and legal counteraction to corruption in tax authorities during their performance of control functions. The author analyzes the current legislation regulating the fight against corruption in the tax sphere, and identifies the key corruption risks that are carried out during the exercise of control powers by tax authorities. Special attention is paid to the analysis of the effectiveness of administrative and legal mechanisms used to prevent and counter corruption. The work substantiates the need to improve legal regulation, introduce modern technologies and increase the level of professional training of tax employees to reduce corruption risks. Recommendations have been developed to improve the transparency and efficiency of tax authorities in the context.
The international experience of fighting corruption in tax authorities and the possibilities of its adaptation in the conditions of the Ukrainian legal field are also considered. Attention is focused on the importance of the integration of anti-corruption standards and practices in the work of tax services to ensure the effective functioning of the state tax system. The author proposes specific measures aimed at strengthening administrative control and increasing the level of responsibility of officials for corruption offenses.
The importance of strengthening interdepartmental cooperation and coordination of measures between law enforcement, anti-corruption and tax authorities for the effective fight against corruption is emphasized. The author notes that the involvement of civil society and non-governmental organizations in monitoring the activities of tax authorities can significantly increase the level of compliance and transparency of their work. Particular attention is paid to the need to improve the system of disciplinary responsibility of employees of tax authorities who have committed corruption offenses in order to ensure the inevitability of punishment.
Thus, the article offers a comprehensive approach to the administrative and legal countermeasures against corruption in tax authorities, including legal, organizational and technological improvement of the mechanisms of control and prevention of corruption manifestations. The conclusions and proposals of the article can be used for further scientific research and practical implementation within the framework of anti-corruption measures.
Criminological рrofile of a person who commits a criminal offense under Article 299 of the Criminal Code of Ukraine (“Cruelty to Animals”)
Authors: Belousova O. M.
Published: February 2025

The article examines the importance of identifying the significant characteristics of individuals who engage in cruelty toward animals, as defined under Article 299 of the Criminal Code of Ukraine (Cruelty to Animals). The article emphasizes that profiling the criminological characteristics of individuals who commit criminal offenses as defined by Article 299 of the Criminal Code of Ukraine will facilitate the development of effective measures to prevent this type of crime. Moreover, considering the connection between violence toward animals and violence toward humans a study of the essential traits of individuals who harm animals will help prevent more serious criminal offenses, including those directed at humans. It is highlighted that the primary characteristics of a criminal are revealed through their structure. In this context, the most comprehensive and effective approach is to analyse the criminological profile through socio-demographic, criminal-legal, and moral-psychological traits. The socio-demographic analysis reveals that the majority of individuals who commit these offenses are men with no higher education, who are unmarried and without children. The article also provides statistical data on the age groups most likely to commit cruelty toward animals under Article 299 of the Criminal Code of Ukraine. Regarding the criminal-legal characteristics of offenders, it is found that most individuals who commit such crimes have no prior convictions. The motivation for the majority of crimes is of a hooligan nature. Furthermore, every second criminal offense was committed under the influence of alcohol or drugs. These crimes are typically carried out by individuals acting alone, with co-offending being relatively rare. The analysis of the moral-psychological characteristics of individuals who engage in cruelty toward animals, it has been established that these individuals possess traits that do not align with widely accepted moral norms. Common characteristics of these individuals include contempt and hostility toward society, aggressiveness, ambition, vengefulness, immorality, excitability, lack of spirituality, social alienation, and a careless attitude toward work.