bluuebunny/crossref_metadata_2025 huggingface dataset:
Illegal logging or illegal transportation, storage, sale of forest: criminal and legal characteristics of the environmental offense
Authors: Sokol M.V. , Starko O.L.
Published: October 2024

The article is devoted to the criminal and legal characterization of illegal logging or illegal transportation, storage, and sale of forest. The author identifies distinct features of the subject matter of the crime, such as: the integrity of trees and shrubs, their virginity, and the absence of age restriction criteria for felled trees and shrubs. The author formulates the criteria for attributing certain territories to the crime scene.
The author emphasizes that the understanding of deforestation only as separation of a tree from the root leads to a narrowing of the scope of criminal law prohibition, since such actions as damage, uprooting, causing significant damage to the environment remain outside the scope of criminal liability. It is proposed to give a clear explanation of the meaning of the concept of “deforestation” in the note to Article 246 of the Criminal Code of Ukraine.
The author emphasizes the critical remarks on the legislator’s expansion of the objective party, namely, the inclusion in the disposition of Part 1 of Article 246 of the Criminal Code of Ukraine, in addition to felling, of such actions as transportation, storage, sale of illegally felled trees or shrubs that caused significant damage. The author establishes that the legislative approach to the formulation of the material elements of a crime which are characterized by the above actions creates a number of problems in the process of qualifying an act.
The author provides arguments that it is inexpedient to decriminalize transportation, storage, and sale of illegally felled trees or shrubs which caused significant damage, since such actions do not lose their public danger, especially in the context of the environmental situation complicated by the war. At the same time, the author does not support the view that it is expedient to establish administrative liability for transportation and storage of illegally felled trees and shrubs. It is proposed to differentiate criminal liability in this regard. Transportation, storage, and sale of illegally felled trees or shrubs should be provided for as a criminal offense with a formal composition (Part 1 of Article 246 of the Criminal Code of Ukraine), while excluding transportation and storage of illegally felled trees or shrubs from the disposition of Part 1 of Article 65 of the Code of Administrative Offenses as administratively punishable actions. Liability for illegal felling of trees or shrubs in forests, protective and other forest plantations which caused significant damage should be provided for in Part 2 of Article 246 of the Criminal Code of Ukraine (as a crime with material composition). It is found that the most common motives for this crime are mercenary motives.
Obstruction of the lawful activities of the Armed Forces of Ukraine and other military formations vs. complicity in evasion of military service during mobilization: problems of qualification in judicial practice
Authors: Stetsiuk S.S.
Published: October 2024

The article analyzes the final verdicts delivered in 2024 and posted in the Unified State Register of Court Decisions, in which the actions of the accused are qualified under Article 114-1 of the Criminal Code of Ukraine. The author identifies five variants of the defendants’ unlawful behavior which were qualified as obstruction of the lawful activities of the Armed Forces of Ukraine, namely, creation and/or administration of channels in Internet messengers for posting information on the delivery of summonses by employees of the Territorial Center for Manning and Social Training; drafting and issuance of knowingly false official documents which served as the basis for assigning a person a relevant disability group and which excluded the registration of vehicles for military use; issuing to other persons certificates, chevrons of membership in a public organization and enrollment in a volunteer military unit, which did not exempt such persons from military service; enrollment in a full-time higher education institution without relevant military registration documents for money and issuance of a certificate of enrollment; participation in blocking a vehicle in which employees of the Territorial Center for Recruitment and Social Training carried out mobilization activities on the territory of the. It is stated that most of the cases qualified under Article 114-1 of the Criminal Code of Ukraine are subject to criminal law assessment as complicity in evasion of conscription for military service under mobilization (Article 336 of the of the Criminal Code of Ukraine) or under other articles of the Special Part of this Code which provide for liability for the sole commission of the relevant crimes. The author identifies and characterizes the features of the object of the crime under Article 114-1 of the Criminal Code of Ukraine, as well as the signs of obstruction of lawful activity as a socially dangerous act.
Methodological principles of criminalistics characterization of theft of cultural values from religious buildings
Authors: Gusev Yu.
Published: October 2024

The purpose of this article is a scientific analysis of the methodological foundations of the criminalistics characterization of thefts of cultural values from religious buildings.
It is shown that the criminalistics characteristics of theft of cultural values from religious buildings is a group (special) characteristic. It, in addition to the forensic signs of theft, must contain special signs relating to the object of the direct attempt - cultural values, as well as their location at the time of the theft - a religious building.
It was concluded that the criminalistics characteristics of theft of cultural values from religious buildings can be presented in the form of descriptions, tables, diagrams, graphs, computer programs, typologies, etc. Such a characteristic should be based on probabilistic-statistical and correlational relationships between its elements. In the author’s opinion, for the investigation of thefts of cultural values from places of worship, the most productive presentation will be the presentation of criminalistics characteristics in the form of a description, typology and analysis of the phases of criminal activity, which will make it possible to most fully describe and present the most essential features of the elements of the criminalistic characteristics of thefts of cultural values from places of worship.
It is shown that the functions of criminalistics characterization of criminal offenses are more multifaceted than the simple focus on putting forward versions of a criminal offense committed in conditions of non-obviousness.
According to the author, critics of the «impracticality» of forensic characterization of criminal offenses need to look at the functions that such characterization performs in criminalistics in general and forensic methodology, in particular. Such functions have already been highlighted, they are: applied (typical signs of elements and connections between them can be used during the disclosure and investigation of criminal offenses); cognitive (information about the signs of a criminal offense helps the subject of its knowledge - employees of the operational unit, the investigator to learn about the object, that is, the criminal offense); substitution (forensic characteristics can be considered as an information model that replaces the «original», helping to know it); informative (criminalistics characteristics not only reflect the original information about the object of knowledge, but also help to obtain new information about it); prognostic (information contained in criminalistics characteristics helps to make predictions about a possible series of crimes, about the circumstances that may accompany them, etc.); organizational and methodical (criminalistics characteristics guide the investigator to choose the most appropriate means of investigating a crime, to the optimal organization of such an investigation).
The use of electronic evidence in the criminal process of foreign countries
Authors: Nikolenko L.
Published: October 2024

It is emphasized that electronic evidence has become indispensable for criminal investigations and trials around the world. The importance of legal regulation of the criminal procedural form of digital technologies is emphasized. The improper nature of such regulation entails certain legal consequences, including the recognition of electronic evidence as improper or inadmissible.
The experience of some foreign countries in the field of recognition and use of electronic evidence (the USA, Great Britain, the People’s Republic of China and the countries of the European Union) is analyzed. It has been proven that each state builds its own way and approach to incorporating such evidence into its legal systems depending on legal traditions, technological infrastructure and privacy considerations.
From the analysis of procedural codes, it was noted that procedural science develops a theory of electronic evidence according to the industry principle. It is emphasized that they are based on common digital technologies, therefore this provides an opportunity to develop uniform cross­industry rules for the use of electronic evidence in any process.
It was determined that in the Anglo-Saxon legal system there is no clear division of evidence into types. Evidence law is based on typical problem situations.
The US legislation, which regulates the use of electronic evidence in the criminal process, is analyzed. It is noted that the condition for their acceptance is its authenticity and relevance to the case.
It is noted that in the UK, all electronic evidence is subject to the same rules and laws that apply to documentary evidence.
The legislation of the European Union, which regulates electronic evidence and allows to strengthen cooperation between member states in the field of using electronic evidence, is analyzed.
It is emphasized that as states continue to adapt to the age of digital technologies, the development of a reliable legal framework and international cooperation will be essential to ensure the effective and fair use of electronic evidence in the pursuit of justice.
Procedural decision of the detective to start a pre-trial investigation: some problematic issues
Authors: Skrechko M.-M.A.
Published: October 2024

The article is devoted to problems related to the legal regulation of the detective’s procedural decision to initiate a pre-trial investigation. It was noted that although the legislator did not define the adoption of a separate procedural decision of the detective to start a pre-trial investigation, such a decision is embodied (enveloped) not in a procedural document, but in a procedural action - entering information about a criminal offense into the Unified Register of Pre-Trial Investigations. The problem of improper legislative regulation of the interaction between the detective and the head of the detectives department regarding the adoption of the specified procedural decision is outlined. The departmental acts of the ESBU and the NABU in relation to the norms of the Criminal Procedure Code of Ukraine were studied, on the basis of which it was concluded that the adoption of a procedural decision by the detective to start a pre-trial investigation is preceded by an order from the head of the detectives department to consider a statement, notification of the commission of a criminal offense in accordance with Article 214 of the Criminal Procedure Code of Ukraine (although such an order is not expressly provided for in the Criminal Procedure Code of Ukraine). Particular attention was paid to the legislator’s uncertainty of such interaction in case defective learns on his own about circumstances which are likely to indicate that a criminal offence has been committed, in connection with which possible options for such procedural interaction were considered: a) independent entry of information by the detective into the Unified Register of Pre­Trial Investigations with immediate notification of the head of the prosecutor’s office; b) notification by the detective to the head of the detectives department about the independent detection of signs of a criminal offense without independently entering such information into the Unified Register of Pre-Trial Investigations. The opinion that the last option of interaction is correct is substantiated. The scientific discussion is continued regarding the issues related to the literal interpretation of the Criminal Procedure Code of Ukraine regarding the duty of the detective to enter information into the Unified Register of Pre-Trial Investigations on the basis of the submitted application, notification of the committed criminal offense regardless of their content. The current practice of investigative judges is analyzed, based on which the formed approaches to understanding the grounds for making a procedural decision to start a pre-trial investigation based on statements and reports of the commission of a criminal offense are highlighted. The solutions of the outlined problematic aspects by making changes to the Criminal Procedure Code of Ukraine are proposed.
The metamorphosis of definition of punishment in international criminal law
Authors: Kuzmin E.E.
Published: October 2024

The article is devoted to an attempt to generalise and systematise the preliminary considerations regarding the outline of the initial contours of the so-called “interdependence” of the internal content and specific formulations and expressions which are currently commonly used to refer to the concept of “punishment in international criminal law”.
An assumption is suggested concerning the evolving nature of the definition of the notion of punishment in international criminal law, given the wide terminological variety of concepts and constructs present in scientific usage, which are as a rule either “located alongside” or “used instead”.
At least eighteen, to a certain extent, unique and original phrases designed to describe phenomena similar to “punishment in international criminal law” are identified, among which a special emphasis is traditionally assigned to such specific syntactic units as “international punishment” and “international criminal punishment”, the use of which is quite typical and fairly evident in the modern scientific and information discourse.
An assertion is made about the potential existence of a fundamental difference in the definition of the concept of punishment in international criminal law depending on the approaches to its perception, in view of the underlying method depicted in specific terms and categories: 1) through the prism of the imposition of punishment on specific individuals (“punishment of international criminals”); 2) by understanding punishment through the category of “incredible atrocities” (“punishment for international crimes”); 3) by “reading” its content from the perspective of international and national criminal justice bodies (“punishment in the law and practice of international criminal tribunals and courts, national and local institutions”); 4) comprehending its essence by inserting it into a certain setting (“punishment in international, transitional and transitional contexts”); 5) either from the standpoint and perspectives of legal norms (“punishment and international law, punishment and international criminal law”) or their violation (“punishment for violations of international criminal and international humanitarian law”).
It is emphasized that further scientific investigations aimed at establishing the essence of each of the currently existing terms with a view to clarifying their content in order to develop a unified definition of the concept of punishment in international criminal law are expedient.
Mechanisms of restoration of public authorities and justice in the de-occupied territories of Ukraine: theoretical and applied aspects
Authors: Medianyk I.S.
Published: October 2024

the context of russian aggression, which led to the temporary occupation of parts of the Ukrainian territory, there is a need to implement complex measures to restore sovereignty, law and order, and legality. The article reveals a number of important aspects, which include theoretical approaches to the restoration of public power, mechanisms for the restoration of justice, implementation of stabilization measures and practical aspects of their implementation in the de-occupied territories. The theoretical part of the article justifies the need to develop new legal norms that would take into account the specifics of the post-conflict situation, while integrating international standards and the experience of other countries that have undergone similar trials. The role of restoring trust in state institutions through reforming and modernizing the judicial system, ensuring the fair trial of cases, as well as ways of improving the efficiency of justice through the implementation of programs for rehabilitation and support of victims are considered. The mechanisms of restoring justice are highlighted, where the authors emphasize the need to strengthen the institutional base, create conditions for access to judicial protection, and bring to justice persons guilty of crimes during the occupation. Options for implementation of stabilization measures are discussed, in particular, restoration of infrastructure, provision of basic needs of the population, support of local business and creation of new jobs, which will contribute to social cohesion and restoration of public order. The conclusions emphasize the need for a systematic approach, comprehensive measures and adaptation to changing conditions for the successful restoration of law and order in the de-occupied territories. It is recommended to focus on the development of effective monitoring and evaluation mechanisms that will allow prompt response to challenges and adjustment of recovery strategies. This article will make an important contribution to the scholarly dialogue on restoring public power and justice in post-conflict development, providing valuable guidance for law enforcement and policy decisions.
Effective justice as a law-based state feature
Authors: Nishchymna S.O.
Published: October 2024

The article considers the concept of law-based state as a basis for justice effectiveness analysis. The necessity of researching the concept of a law-based state prior to covering the judicial system as a characteristic of a law-based state is methodologically justified. It is emphasized that for the development of Ukrainian legal science it is extremely important to investigate how exactly the effectiveness of justice is related to the extent to which Ukraine corresponds to the ideals of the law-based state, especially in the conditions of modern transformations.
It is noted that a law-based state is based on the rule of law, the separation of powers, human rights and freedoms protection, and the independence of the judiciary. The theoretical and practical aspects of a law-based state functioning are considered, in particular the role of constitutionalism and legal mechanisms of control.
The article emphasizes the importance of justice as a central element of a law-based state, which ensures the protection of citizens’ rights and control over the actions of state authorities. It was noted that in the context of a law-based state formation the effectiveness of justice acts as an indicator allowing to assess how successfully the ideals of the rule of law and the protection of human rights are implemented.
The main criteria for evaluating the effectiveness of justice are determined, namely the independence of judges, access to justice, and fairness of decisions. The connections between effective justice and the principles of the rule of law and its role in a democratic society are covered. It is indicated that in the conditions of reforming the judicial system in Ukraine, the issue of maintaining a balance between the independence of courts and their accountability to society has not only domestic political significance, but also directly affects the international image of Ukraine and the process of European integration.
It is summarized that effective justice is one of the most important indicators of a law-based state development. It ensures the protection of the rights and freedoms of citizens, contributes to the stability of society and the development of democracy. In order to achieve effective justice, it is necessary to constantly work on the legislation improving, qualifications of judges extension, and judiciary independence ensuring.
Theoretical and legal research of intellectual property: current state and cognitive challenges
Authors: Kotenko M.V.
Published: October 2024

In the work, the author focuses on scientific works in which intellectual property is studied from the point of view of its theoretical and legal aspects. It is noted that intellectual property is a multidisciplinary phenomenon, is the subject of research in a wide range of social sciences, including legal ones. The theoretical and legal dimension of intellectual property is particularly important in the modern conditions of the development of its legal regulation, which is capable of both strengthening the scientific study of its legal properties and developing scientifically based recommendations on increasing the effectiveness of the use of various legal means and methods necessary to ensure the protection and protection of rights intellectual property, stimulation of intellectual activity, etc. It was noted that various theoretical and legal aspects of intellectual property, including the question of its value understanding, to one degree or another were the subject of scientific research by various domestic and foreign scientists. Based on the analysis of the works of legal theorists, it was concluded that in legal science, intellectual property scientific research is presented quite widely and reflected in numerous scientific works of both domestic and foreign scientists. This indicates a rather detailed analysis of various legal aspects of intellectual property. However, characterizing the existing scientific works as a whole, it is worth noting their cumulative nature, which in essence are created and developed according to the cumulative principle, lacking systematicity and sequence of development. Today, in legal science, works of a theoretical-legal content, which have a high degree of conceptuality, organically combine both issues of a theoretical-legal and practical nature are quite sporadically presented. Mostly scientific works have a narrow spectrum of scientific knowledge, investigating one or another legal aspect of intellectual property. The same can be said about the development of intellectual property research. Mostly, they are separated from each other, which is due to the lack of unified conceptual foundations of promising directions for the development of scientific research of intellectual property. This confirms the need, on the one hand, to strengthen theoretical and legal studies of intellectual property as a legal phenomenon, and on the other hand, to emphasize the importance of conceptualizing such scientific studies, the basis of which should be the appropriate methodological approach or their combination.
Legal aspects of children’s privacy on the Internet: balance between protection and freedom
Authors: Markovych Kh.M.
Published: October 2024

The article is devoted to the study of legal aspects of protection of personal data of minors in the digital environment. In today’s world, the development of information technologies and the widespread use of the Internet create new challenges for the legal system, in particular with regard to the protection of personal data of children and adolescents. The article analyzes national and international legislation regulating the protection of personal data of minors, in particular the provisions of the General Data Protection Regulation (GDPR) and Ukrainian legal acts. Different approaches to giving consent to the processing of personal data by minors are highlighted, in particular, the role of parents or legal representatives in this process. Existing methods of ensuring consent, such as double opt-in, as well as challenges associated with the practical implementation of these methods are considered. The article also outlines the risks children face online, including illegal data collection, including cyberbullying, phishing, child trafficking and other threats. The need to implement effective legal mechanisms for the protection of children on the Internet, which ensure both safety and freedom of information activity, is emphasized. Ensuring the security of personal data of minors in the digital environment should become one of the priority tasks of modern legal regulation, which requires a comprehensive approach and integration of the best international practices. The author concludes that the effective protection of children’s personal data requires a balanced approach that would combine a high level of security with respect for the rights and freedoms of the child in the digital environment. Increasing the level of digital literacy among children and their parents, as well as creating an appropriate legal infrastructure, are important factors that will contribute to reducing risks in the digital environment. The integration of such approaches into the national legal system should become a priority to ensure the sustainable development of the information society. Successful implementation of these initiatives will not only reduce potential threats to children, but also contribute to the formation of a safe and responsible information space for future generations.
Fulfillment of parents’ obligation to carry out child education (germany’s experience)
Authors: Sydorenko D.
Published: October 2024

In the scientific article, the author conducted a scientific study of the peculiarities of parents’ fulfillment of the obligation to raise a child in accordance with German family law, the grounds for the emergence and termination of this family obligation, the elements of rights and obligations that make up the content of parental care. On the basis of the conducted research, the author came to the conclusion that the concept of «parental custody» is used in German family law. as an obligation and at the same time - the rights of parents to take care of their minor child. Parental custody includes such powers of the child’s parents as: representation of the child’s interests in legal relations in which he is the subject, the duty and right of the parents to take care of the child, raise him and supervise him, as well as determine his place of residence , not to apply punishments that encroach on the dignity of the child, the duty and right of parents to help the child in obtaining an education and a profession, taking into account his abilities and inclinations, the right of parents to demand the handover of a child from another person who illegally deprives his parents or one of his parents of the opportunity exercise parental care, certain rights related to medical intervention. For the obligation to raise a child to arise, German family law establishes several legal facts: the presence of the child’s parents in marriage, when the presumption of paternity applies to the person who is the husband of the child’s mother; an application to take care of the child submitted to both parents who are not married; adoption of a decision by the family court to establish parental custody over the child to its parents who are not married, with determination of the limits of such custody for each parent. The fulfillment of the obligation to raise a child in accordance with German family law is carried out with the mutual consent of both parents in the interests of the child; if the parents cannot agree on the exercise of parental custody, their dispute is resolved by the family court, which may grant the right to one of the parents to make an appropriate decision related to the exercise of parental custody.
Economic and legal regulation of resident activities of Diya City
Authors: Osinska O.A.
Published: October 2024

The article is devoted to the study of the peculiarities of economic and legal support for the activity of an enterprise that is a resident of Diya City. Based on the analysis, it was concluded that in the conditions of the digital economy there can be economic systems in which there are intra-system organizational economic legal relations and intra-economic legal relations. In intra-system organizational economic relations, their participants are legally equal, therefore management in the form of coordination within the system will be implemented on the basis of economic dominance, which ensures mutually beneficial interaction between the participants of this system. A resident of Diya City, created in the form of a company with limited or additional liability on the basis of an economic contract, can transfer the powers of the executive body to another legal entity. It is expedient to define the requirements for such a legal entity as fully as possible in the Diya City resident statute. The contract for the performance of the powers of the executive body of the resident of Diya City must contain the following essential conditions: subject, price, term of the contract, financial and economic indicators that must be achieved by the resident of Diya City as a result of management, deadlines for their achievement, conditions for control and reporting, grounds for early termination of the contract. Before concluding an agreement on the transfer of powers to the executive body of the resident of Diya City to comply with the legal economic order on the basis of the previous agreement, it is advisable for the parties to organize mutual checks: audit, compliance, due diligence, etc. On the basis of an economic outsourcing contract, including an IT outsourcing contract, a resident of Diya City can involve professional, highly specialized companies in his own economic system. Such a feature of outsourcing as the duration of the relationship between the parties in this relationship will be optional, as it may arise for the implementation of a certain project. Digitization allows the enterprise to move from such organizational forms as management, regulation, control mainly to coordination, because with digitalization, the enterprise creates digital structural units and digital management bodies, and digital (virtual) workplaces become the basis.
Protection of the rights of foreign investors during the state of war in Ukraine
Authors: Patskan V.V.
Published: October 2024

The article is devoted to the study of the protection of the rights of foreign investors during the state of war in Ukraine. The author focuses on the fact that this topic is currently relevant due to the fact that the reconstruction of Ukraine will become necessary. The war caused the outflow of foreign investments from our country. In addition, corruption, pressure from the authorities, and unfair justice are the reasons why foreign investors leave Ukraine. Every investor aspires to work in a state where law and justice reign, so Ukraine, which aspires to membership in the European Union, should create just such a state. Therefore, its primary task is to create a favorable business climate for foreign investors to carry out their activities.
Current Ukrainian legislation guarantees compensation and indemnification of losses to a foreign investor, guarantees are also provided in case of termination of investment activity; state guarantees for the protection of foreign investments are defined. In accordance with the Law of Ukraine «On State Support of Investment Projects with Significant Investments in Ukraine», the state provides support to large investment projects. In connection with the introduction of the state of war in Ukraine in 2024, the Law of Ukraine on the insurance of investments against war risks entered into force. The Cabinet of Ministers of Ukraine established a credit agency that provides investment insurance. Although the war made Ukraine unattractive to foreign investors, the authorities are taking all possible measures to improve the country’s investment climate.
The author draws attention to the need to study and transpose the experience of successful countries in this regard. For example, Australia offers quite good conditions to foreign investors - consistent economic growth, highly qualified labor force, strategic location, efficient administration and judicial system, and good infrastructure. Mexico is also attractive to foreign investors, the «Invest in Mexico» business center has been created to assist investors.
The war is an accelerant for positive changes in the state, and after its end, the reconstruction of Ukraine is an important task, therefore the efforts of all branches of government should be directed at overcoming all obstacles to the effective work of foreign investors in our state.
Producer responsibility organization how non-profit organizations
Authors: Salihov O.O.
Published: October 2024

In connection with the adoption of the Law of Ukraine «On Waste Management», for the first time in Ukraine, such a special subject of these legal relations as an extended producer responsibility organization appears as part of the subjects of administrative legal relations.
In Europe, these organizations have been operating for decades, while in Ukraine their activities are just beginning.
In this regard, it should be noted that the role of the state, which exercises control over the activities of such business entities on its territory, is always quite important. This control and managerial influence on the activities of certain business entities often depends not only on the areas of their activities, but also on their organizational and legal forms, their profitability or non-profitability, which determines their tax status and forms a certain model of interaction with regulatory authorities.
This article analyzes the approach of the Ukrainian legislator to the definition of extended producer responsibility organizations in Ukraine as non-profit organizations, and points out a number of legal issues that may arise in the future in connection with the functioning of the EPROs exclusively as non-profit organizations.
It is also stated that the waste management legislation, as it exists today, is new for our country, as it is the result of harmonization of Ukrainian legislation with EU legislation, which, accordingly, provides for its adaptation to the specifics of the work of state bodies, existing business processes and business practices in Ukraine.
This raises the need to address certain issues that might not otherwise have been raised.
One of these issues is the non-profitability of RWMOs, which the author of the article considers to be the result of an unbalanced approach of the legislator to solving certain problems of RWMOs in Ukraine, and therefore proposes: amendments to certain legislative acts regulating the field of waste management in Ukraine, changing the status of RWMOs from non-profit to profit, which, in the author’s opinion, will allow to build a more efficient waste management system and achieve targets for waste recovery and recycling in Ukraine with the participation of organizations with extended responsibility.
Codification as a way of systematizing the legislation of Ukraine
Authors: Oliinyk A.V.
Published: October 2024

The article examines the theoretical and legal issues of the essence of codification as a way of systematizing legislation. The article states that the integration processes of adaptation of domestic legislation to the legislation of the European Union oblige the domestic legislator to adapt the country’s legal system to the requirements for its systematization established by the European community. Attention is drawn to the fact that this process conditions the revision of ideas about the essence and approaches to the systematization of legislation, the introduction of new mechanisms of law-making technology. It is concluded that codification is of great importance in these processes. The article substantiates that codification, as a form of systematization of legislation, includes official activity on improvement and systematization of legal norms, which is carried out by subjects of such activity, authorized for this. It is noted that this process is carried out by systematizing legal norms into a single codified act. Codification of legislation includes a complex process of applying a special (codification) law-making technique. It is proven that this process involves the purposeful activity of law-making subjects, aimed at processing and ordering legal acts with the aim of their systematization and consistency with the needs of law enforcement activities, avoiding gaps, collisions and shortcomings. It is substantiated that the purpose of codification is the development and adoption of a single, logically constructed and internally structured act that regulates homogeneous social relations as completely as possible. It is concluded that codification should be considered a specific method of systematization of legislation, which combines the features of official systematization and law-making activity, and therefore codification has a «dual nature», which includes both the systematization of law and the active process of creating new regulatory and legal acts. It is justified that this type of activity is aimed at the radical revision and streamlining of the existing legislation, leading to the adoption of a single, fundamental and internally and externally agreed comprehensive legal act, this act regulates the most principled and fundamental social relations. It is emphasized that, from this point of view, codification should be considered as a way of systematizing legislation, and at the same time, the law-making (or law-making) process and activities of authorized subjects in this area are the content, the essence of codification.
Use of water bodies for fish farming: land and legal aspects
Authors: Krugovyy S.V.
Published: October 2024

The article examines the features of using water bodies for fish farming from a land and legal perspective. Based on an analysis of current Ukrainian legislation, the author concludes that fish farming and aquaculture are synonymous terms. It is emphasized that for proper legal regulation of the use of water bodies for fish farming, the connection of these bodies to the land plots on which they are located must be considered. It is argued that the legal regulation of the use of water bodies for fish farming stems from the specific nature of these objects and their connection with other resources. The article thoroughly substantiates that regulating the use of land or water resources separately cannot be effective, as any economic activity related to one of these objects inevitably impacts the other.
An analysis of the legal provisions in the Land Code of Ukraine, the Water Code of Ukraine, and the Law of Ukraine «On Aquaculture» regarding the regulation of fish farming on water fund land plots with water bodies is provided. The author notes that the norms concerning the use of water bodies for fish farming are reflected not only in land and water legislation but also in agricultural legislation. Specifically, according to Article 1 of the Law of Ukraine «On Aquaculture», fish farming is defined as a type of agricultural activity, and agricultural activities are regulated by agricultural law norms.
The author argues that in the process of legal regulation of relations related to fish farming, it is necessary to consider not only land and water law but also the norms of agricultural law, which encompass a broader range of legal relations connected with agricultural activities. This makes legal regulation more comprehensive and balanced, taking into account all aspects of land use under water bodies for fish farming. The practical application of such a comprehensive approach ensures effective use of natural resources and helps avoid legal conflicts.
The use of aquatic bioresources as a factor in ensuring Ukraine’s food security: legal aspects
Authors: Rahulin I.Yu.
Published: October 2024

The article is dedicated to the study of the legal aspects of using aquatic bioresources in Ukraine and the impact of their usage on ensuring the country’s food security. It is argued that the issue of proper legal regulation of the use of aquatic bioresources is becoming increasingly relevant today. Attention is given to both legislative and scientific approaches to the issue of legal regulation of Ukraine’s food security. The necessity of adopting a separate law titled «On the Fundamentals of Food Security of Ukraine» is emphasized. It is noted that the state’s food policy should aim for the highest degree of self-sufficiency, as the quality and quantity of consumed food products directly impact the nation’s health, life expectancy, work capacity, and intellectual potential.
The article examines the legal grounds for the usage of aquatic bioresources. The impact of the fishing industry on ensuring Ukraine’s food security is analyzed, with the conclusion drawn that the country’s food security largely depends on the state of aquatic bioresource usage. The level of fish consumption and its processed products serves as an indicator of the population’s food security, which should be maintained at a level conducive to physiological needs. It is stressed that the development of the fishing industry is one of the most important tasks for ensuring the post-war recovery of the country. The article identifies aquatic bioresources as a strategic state food reserve in the current context. The artificial reproduction of valuable fish species is aimed at both supporting aquatic ecosystems and building industrial stocks.
The author asserts that today, food security is a condition for maintaining the state’s sovereignty, supporting high levels of public health, and developing the country’s economy. Emphasis is placed on the fact that the use of aquatic bioresources is crucial for the country in terms of ensuring food security, improving economic conditions, saturating the domestic market with quality food products, increasing employment and welfare, as well as preserving biodiversity and effectively using water and hydrobiological resources.
"Tax optimization" and its difference from "tax planning"
Authors: Byshovets Y.
Published: October 2024

The article clarifies the content and relationship between the concepts of «tax optimization» and «tax planning». The criteria for distinguishing these concepts are determined.
It is established that tax planning is a multi­stage process which includes both strategic forecasting and careful organization of tax liabilities at each level of business. The main goal of this process is to be able to shape the structure and form of the business in such a way that they are optimal from the taxation point of view. Tax planning primarily determines the choice of a business entity’s strategy. Tax planning is defined as an important element of a company’s strategic management aimed at long-term and comprehensive management of tax liabilities.
Tax optimization is an important process aimed at adapting the taxpayer to the peculiarities of the current tax system in order to choose the most profitable and efficient taxation regime. This process is not limited to the passive application of tax rules, but involves the active management of tax liabilities within the limits of legally permissible techniques, means and methods. Tax optimization is not only the ability to choose the most favorable conditions from those offered by the legislator, but also the ability to predict and adapt to changes that may affect the tax burden in the future. Tax optimization as a legal tool for reducing the total tax burden is considered exclusively within the framework of legal actions of the taxpayer.
A distinctive feature of tax optimization as compared to tax planning is its focus on achieving short- and medium-term goals of a business entity by directly using the opportunities provided by tax legislation. Tax planning, on the other hand, is an element of strategic management aimed at achieving the long-term strategic goals of a business entity. Tax optimization is aimed at developing the most favorable model for fulfilling tax obligations by a business entity without changing the economic substance of business transactions. This approach allows the taxpayer to flexibly adapt to changes in the tax environment, while maintaining the sustainability of financial results and reducing tax costs. Tax optimization is not just a tool for reducing the tax burden, but also an important element of tax planning.
Principles of the administrative process: theoretical basics and law enforcement
Authors: Kalnyk V.V.
Published: October 2024

The article is devoted to issues of the content of the principles of the administrative process in modern administrative law. Attention is drawn to the fact that the study of the principles of the administrative process is extremely relevant for ensuring effective public administration. It is noted that the principles of the administrative process are the foundation on which the activities of executive authorities, local governments, and other state bodies are based. They define the framework and standards that public authorities must adhere to when making decisions and performing administrative functions and obligations. It is concluded that the study of these principles allows identifying problematic aspects and suggesting ways of their improvement, which contributes to increasing the efficiency of public administration. It is suggested that the principles of the administrative process should be understood as the main guiding ideas and provisions that determine the order and rules of administrative proceedings, regulate relationships between subjects of the administrative process, ensure fairness, efficiency and legality of administrative actions and decisions. It is proved that the principles serve as the basis for the formation, functioning and development of administrative law, help to avoid abuse of power and ensure the protection of the rights and freedoms of citizens. Attention is drawn to the fact that the conceptual significance of the principles of the administrative process lies in the fact that they determine the basic principles and guidelines for the construction and functioning of the administrative-procedural activity of public authorities. This means that the principles of the administrative process not only regulate specific procedures and actions, but also form a general concept of justice and management practice in the administrative sphere. It is substantiated that these principles together create a holistic concept of the administrative process and act in interaction with each other, ensuring a balance between the interests of the state and the rights of citizens, which contributes to effective management and increases trust in state institutions.