bluuebunny/crossref_metadata_2025 huggingface dataset:
The influence of the Judicial reform of 1864 on the formation of the advocacy in Ukraine
Authors: Sendetskyi V. R.
Published: August 2024

The article analyzes the impact of the Judicial Reform of 1864 on the establishment of the legal profession in Ukraine. It is noted that as of the middle of the 19th century. the decision to modernize the judicial system on the basis of effective Western judicial models was ripe in the environment of the official authorities. Although this initiative contradicted the foundations of the imperial autocracy, the judicial reform had a significant impact on the judicial system, procedural and material law of the state. First of all, this affected the separation of judicial power from legislative executive and administrative power. It is noted that the Judicial Reform of 1864 became a necessary element of total changes in the social and political system of that time. It occupied a prominent place in the history of the judiciary and the judicial system of the state, and its indisputable achievements were the equality of citizens before the law, the transparency and competitiveness of the judiciary, the immutability of judges and their independence from administrative officials, the introduction of competition in the judiciary and the creation of a system of magistrates’ courts. It is proven that the judicial reform, in addition to important democratic changes, included the creation of the legal profession, whose role in society was constantly growing. According to the idea of the initiators of the reform, the Institute of Advocacy was organized as an independent organization. This principle was manifested in the fact that in each district of the court chamber, lawyers were united in a single organization by its general meetings and the Council. It is noted that the control and supervision of the activities of lawyers was carried out by councils elected by lawyers from among themselves. Thanks to the creation of the management system of the lawyer corporation, it was possible to ensure the autonomy and independence of the legal profession from the bureaucratic apparatus. It is noted that with the establishment of the Institute of Advocacy in the Russian Empire, the official authorities sought, at least formally, to declare the foundations of equality and competition between the parties, to modernize the theory of formal evidence and the judicial process. In this way, it was planned to revive the judicial process and make it more complete and objective. This would provide an opportunity for a comprehensive consideration of the case by the judge, a more detailed insight into its essence, which would significantly affect the objectivity of justice.
Freedom of speech in the age of digital technologies: protection against censorship and online persecution
Authors: Kuchyn T. , Kostenko I.
Published: August 2024

This article examines key aspects related to threats to freedom of speech in the online environment, particularly censorship and persecution. The author explores tools that help protect this freedom, restore access to information and expressions that have been restricted. Special attention is given to the role of international standards in the field of human rights and their importance in ensuring freedom of speech in the digital age.
The author analyzes innovative approaches and technologies used to protect internet users from censorship and online persecution. The research reflects current trends in the field of information freedom and offers recommendations for further steps to support the values of democracy and human rights in the digital space.
Overall, the article analyzes the impact of social media and other online platforms on freedom of speech and expression. It highlights the role of digital literacy and education in shaping users’ awareness of their rights and opportunities on the Internet. Ethical aspects of using freedom of speech in the online environment and the importance of balancing freedom of expression with protection against negative influence and discrimination are also considered.
Analyzing innovative approaches and technologies for protecting freedom of speech in the online environment, the article emphasizes current trends in information freedom. The results and recommendations of the article can serve as a basis for the development of policies and programs aimed at protecting the values of democracy and human rights in the digital age. This research can also assist government bodies, civil society, and IT companies in their efforts to protect freedom of speech and raise awareness among users about their rights and opportunities on the Internet. Such an approach reinforces the role of science and research in addressing important issues in the modern world, particularly in the realm of digital freedom and human rights.
Peculiarities of achieving the sustainable development goals in interaction wit private international law
Authors: Voronov K.
Published: August 2024

Regrettably, the triple global catastrophe of pollution, natural loss, and climate change coexists with the global socioeconomic problems of poverty and inequality. Temperatures are increasing at an unprecedented rate; biodiversity is disappearing swiftly, with potentially dire consequences for all of us; and pollution is becoming a global issue, killing millions of people annually and continuing to worsen. There is no normative vacuum in which the 169 targets and 17 Sustainable Development Goals (SDGs) were born or placed. They are based on international law and designed to be compliant with the commitments made in a number of soft law instruments and international agreements. There is, of course, a connection between international law and the SDGs. What kind of relationship do they have? How much and how may the SDGs and international law complement one another to improve systems integration .In an effort to leverage the relationship for global sustainability, this paper investigates these issues from two angles. First, do the SDGs play a key role in bringing together different international organizations to work toward the ultimate goal of sustainable development? Most international institutions function in relative isolation and may pursue conflicting interests since they are engrossed in their respective mandates and goals. Goal-setting, as a governance technique to prioritize, motivate, and provide direction, has been proposed by some observers as a way to improve the overall performance of current institutions in fostering sustainable development. Insofar as providing consistency to an otherwise divergent and even inconsistent set of institutional arrangements, how effective are the SDGs likely to be? Second, is it conceivable that international law will aid in the integrated implementation of the SDGs? The SDGs themselves have come under fire for lacking consistency, even though they pride themselves on being “integrated and indivisible. This is a problem since the Millennium Development Goals (MDGs) experience has demonstrated that achieving these governance goals on their own could have unforeseen consequences. While certain MDG targets were achieved, the MDGs’ spirit was not. Then, despite its fragmented structure, how and to what degree may international law integrate the SDGs and aims and aid in the achievement of long-term sustainable development.
Electronic auctions of seized property as a mechanism for ensuring the rights of participants in executive proceedings
Authors: Kotviakovskyi Y. , Lukianchenko D.
Published: August 2024

The article is devoted to the study of the legal nature of electronic auctions of seized property as a mechanism for ensuring the rights of participants in executive proceedings. As part of the scientific research, the author reveals the legal nature of electronic auctions of seized property based on the analysis of their legal regulation, formulating conclusions about the role of this institution in the system of executive proceedings.
The author emphasizes that electronic auctions as a special mechanism of enforcement proceedings must have a clear, consistent and unambiguous legal regulation in national legislation, since this type of activity directly affects the property rights of participants in enforcement proceedings, in particular, the right to private property, which is guaranteed to a person by the Ukrainian and international law. The article examines the legal nature of electronic trading through the prism of institutions of public electronic services and administrative services, as well as the institution of entrepreneurship. The author substantiated the conclusion that the researched institute is not a form of providing electronic or administrative services provided by the state at the request of a certain subject, nor can it be considered a separate type of entrepreneurial activity, given the multi-subject nature of the goal.
The article concludes that electronic auctions of seized property by their legal nature belong to the category of measures of administrative influence on the participants of executive proceedings in terms of their property rights. This measure has an electronic legal form of forced alienation of property or property rights, which is used to ensure full, timely and legally executed decisions of courts and other bodies in executive proceedings. The role of the investigated institute is determined by the provision of a compensatory function in the enforcement proceedings, which guarantees the debt collector the acquisition of the right of ownership of the sum awarded by the court, through the forced sale of the property belonging to the debtor through electronic auctions.
Adversarial Principle within International Commercial Arbitration
Authors: Kroitor V. A.
Published: August 2024

The effect of the adversarial principle within international commercial arbitration has been studied in the article. It has been noted that the ever-growing development of economic relations inextricably leads to an increase in disputes in the field of economic activity.
The author believes that international arbitration is one of the most effective means of peaceful resolution of international conflicts. International arbitration is understood as a special procedure for hearing and settling international disputes, as well as an international body, which is created by mutual agreement of the parties to resolve a specific dispute, disputes of a certain category, or any dispute between the contracting parties in case there are some.
It has been substantiated in the article that the activity of international commercial arbitration is primarily built on the system of certain procedural principles (dispositive, adversarial, procedural equality of the parties, etc.).
The procedural equality of the parties is a condition for the implementation of the adversarial principle, since the parties can compete for defending their subjective rights and interests protected by law only under the same legal conditions by using equal procedural means: to defend own position in the dispute by presenting evidence; to participate in the examination of evidence; to demonstrate initiative and activity in the process of hearing the case; to give arguments for defending oneself and to object the evidence and arguments of the opposing party.
It is the adversarial nature of the parties in combination with the procedural requirement of conscientious usage of procedural rights by the parties, as well as the prevention of their abuse constitute a sufficient legal basis for regulating the procedural relations of the parties while hearing a case within international commercial arbitration. Adversarial judicial proceedings are the optimal principle, the one that really ensures effective protection of violated or disputed rights and interests, and that reflects its democratic orientation.
The effect of the adversarial principle is mostly manifested in specific features of the rules of evidence within international commercial arbitration, when each person participating in the case proves the referred circumstances or their absence in supporting own claims and objections.
Problematic issues of legal regulation of the car tuning contract
Authors: Puzyrey D. V.
Published: August 2024

The article is devoted to the problems of legal regulation of the tuning contract. Within the stated topic, the article analyzes the current state of legal regulation of the tuning contract. The author states that the legal regulation of the car tuning contract is complicated due to the lack of norms of the current legislation that would apply to this contract in particular. Legal relations regarding car tuning arise and develop as a result of increasing technological opportunities to improve the external and technical characteristics of cars and at the same time the growing demand for tuning works. Therefore, the emergence of a new type of contract significantly outpaced its normative regulation.
The author claims that the legal regulation of the car tuning contract is based on the general principles of civil legislation, the formation of the content of the car tuning contract occurs due to the application of the analogy of the law and the analogy of law, and the direct legal regulation of the specified contract occurs due to the active participation of its subjects. The article provides arguments that legal regulation is not reduced only to the content of legal norms, but also involves the participation of the subjects of the contract in the formation of its content. It is also substantiated that the possibility of the subjects of the contract to participate in its regulation is conditioned by the principle of freedom of contract provided for by the Civil Code of Ukraine, which consists in the fact that the parties to the contract can depart from the provisions of acts of civil legislation and regulate their relations at their own discretion.
In the article, the author notes the need to determine the origin of a contract not regulated by legislation, in this case – a car tuning contract, in order to correctly understand the legal nature of the contract and determine its content. This necessity is connected with the fact that, in practice, a tuning contract is often referred to as a contract for the provision of tuning services. In the case of positioning tuning as a contract for the provision of services, there are risks of incorrectly defining the rights and obligations of the parties to the contract, which can lead to misunderstandings, disputed situations and material losses. Therefore, the article presents a comparison of contracts for the performance of works and for the provision of services and provides arguments that indicate that the tuning contract is a type of contract for the performance of works.
The implementation specifics of the right to be forgotten in the context of the decisions of the Court of Justice of the European Union and the European Court of Human Rights
Authors: Sadovska D. I.
Published: August 2024

The article is dedicated to the legal analysis of the case law of the CJEU and the ECtHR regarding the implementation of the right to be forgotten and the right to privacy. It is established that the development of digital technologies has enabled rapid information exchange and its almost indefinite storage in the digital environment. However, such widespread availability of data about individuals and the inability to update or supplement this information have posed new challenges to society in ensuring the protection of personal data and privacy. The right to be forgotten is one of the tools through which a person can delete truthful but outdated information about themselves on the Internet, provided that such information is not of public interest. It is proven that although the right to be forgotten has been implemented within the EU for over a decade, lawyers and human rights activists consider it the second most complex obligation of the General Data Protection Regulation to implement. It is argued that both the CJEU and the ECtHR often inadequately describe the factual circumstances of cases and disregard the confidentiality of the parties involved. Individuals who apply to the court for the deletion or anonymization of personal data on the Internet often receive the opposite effect due to the public and scientific community’s interest in such cases. It is argued that in order to maintain a reasonable balance between privacy and freedom of expression, court decisions should contain all factual circumstances of the case, but the personal data of the parties involved and other circumstances that may indicate the applicant should be anonymized. This will help avoid censorship, ensure the right to memory, and enable an understanding of the factual basis on which courts have developed their legal arguments. It is argued that since the materials of cases before the ECtHR and the CJEU are often transmitted to national courts of member states for quality protection of confidentiality, it is necessary for them to correctly anonymize the personal data of the parties involved in the case and information that could identify the applicant.
Olfactory trademarks: peculiarities of obtaining legal protection
Authors: Sazonov V. S.
Published: August 2024

The article is focuses on the research of issues concerning the acquisition of legal protection by olfactory trademarks. As a result of unceasing technological development, means of individualization in the marketing of services or products are acquiring new patterns of expression, in particular in the form of olfactory trademarks. Nowadays, the legislation of only a few countries provides for the possibility of obtaining legal protection for trademarks with this form of expression. It is obvious that with the further development of technology, the registration of olfactory trademarks is bound to become more widespread. This is due to the likelihood that technology will in the future be able to adequately transmit scents at a distance, based on its success over the past centuries in transmitting sound and images. However, since the transmission of scents at a distance by technological means is not currently provided for, the legislator faces a significant dilemma with respect to the legal protection of olfactory trademarks. Since, as a general rule, in order to obtain legal protection, a trademark must be represented in the register, the question arise how to represent olfactory trademark in the register in such a way in the same unambiguous and certain manner as other trademarks. The presence of this aspect which is caused by the specifics of olfactory trademarks naturally raises the question of the legal protection of such trademarks.
Thus, the issue of legal protection of olfactory trademarks has thus been reflected the scientific legal doctrine. However, the absence of an unequivocal approach to the legal protection of olfactory trademarks requires further research on this issue.
In this study the author examines the specifics of olfactory trademarks, the peculiarities of obtaining legal protection, and the legal approaches to ensuring legal protection of olfactory trademarks. In the course of the study, the author established the criteria for obtaining legal protection for olfactory trademarks and considered the prospects for granting legal protection to such trademarks in Ukraine.
Limitation of property ownership in the conditions of the legal regime of martial law in Ukraine
Authors: Skrynnikova K. O.
Published: August 2024

The article is devoted to the disclosure of the issue of the limitation of property rights during the legal regime of martial law and measures that can be applied to property are analyzed. The author states that one of the unresolved legal problems of today is the problem of the possibility and proper implementation of the right to property ownership of measures and methods that can limit the rights of owners to property during martial law.
The author, when analyzing the limitation of the constitutional right to own, use and dispose of one’s property, emphasized the uncertainty in the legislation of the mechanism of limitation and the lack of detail in which parts of the rights of owners may be limited.
In the article, the author investigated such measures during the martial law regime as forced alienation of property and confiscation of property. Considering methods of forced alienation of property or seizure of property under martial law, the author found out that forced alienation of property should take place on the condition of prior full restitution of property or with subsequent full restitution of the value of the property.
Considering the issue of confiscation of property, the author notes that confiscation of property, under the conditions of the legal regime of martial law, occurs without compensation for the value of the property.
In the article, the author revealed the issue of receiving compensation for forcibly alienated property, which the author proposes to divide into two types: preliminary full compensation for the value of forcibly alienated property and subsequent full compensation for forcibly alienated property.
During the research, the author considered the issue of making a decision on the introduction and implementation of measures of forced alienation of property or seizure of property and the implementation of such a decision.
In the article, the author pays attention to the issue of the return of forcibly alienated property, which was preserved after the abolition of the legal regime of martial law, and the legal grounds and conditions for such return of property.
According to the results of the research, the author claims that the realization of the right of ownership during the operation of the legal regime is of a limited nature, since there is a temporary limited regime during which the full realization of the right of ownership is not always possible.
Witness immunity in civil proceedings: advantage or necessity?
Authors: Tverdokhlib E. V.
Published: August 2024

The article is devoted to the study of the legal category “witness immunity”, which is used in civil proceedings. The question of the legal nature of the immunity of a witness in civil proceedings and the practical application of the norms of the current civil procedural legislation, which creates the possibility of the existence of such a legal category, is relevant in the conditions of the focus of the current legislation on the observance of human rights and the provision of guarantees for the realization of the rights and legitimate interests of a person. Therefore, special attention in the article is devoted to clarifying the legal benefit of witness immunity and the role of this legal instrument in ensuring the legal rights and interests of a person during the consideration of a civil case in court.
Тhe article analyzes the norms of the Civil Procedure Code of Ukraine, which establish the legal status of a witness in civil proceedings. Particular attention was paid to the characteristic features of witness participation in civil proceedings. The author emphasizes the importance of protecting a person’s private interest during civil proceedings. During the research, it was established that the immunity of a witness in the scientific literature is interpreted both as the right of a person involved in the consideration of a civil case in court as a witness, and as a privilege that distinguishes a witness from other participants in the legal process.
Based on the analysis of the norms of the current legislation and sources of scientific legal literature, conclusions were made that allow us to assert that the immunity of a witness in civil proceedings is a component of the procedural status of a witness. It was also concluded that the immunity of a witness is precisely the right of a person involved in the consideration of a court case as a witness, which is due to the need to observe the rights and freedoms of a person during civil proceedings, and is also a form of embodying the priority of a person’s private interests. And that is why it is not appropriate to consider the immunity of a witness as a privilege of a person and an advantage of the participation of a witness in civil proceedings in comparison with other participants in the judicial process.
Self-regulation of the digital economy in the conditions of the legal regime of martial state: codes of ethics
Authors: Honcharenko O.
Published: August 2024

The legal regime of martial law led not only to changes in the legislation of Ukraine, but also to the activation of self-regulation of economic entities, which covers their internal organizational activities. War changes the conditions for the ethical conduct of digital business and adds certain features that should be reflected in a formalized collection of moral principles of the company. Codes of ethics are one of the important means of self-regulation of business entities in the digital economy. The digital economy is associated with the global movement of goods and services, so companies pay enough attention to the development and promotion of ethical principles and the formation of a certain collection based on them - a code of ethics. The purpose of the study is to determine the peculiarities of ethical codes in the field of the digital economy after the full-scale invasion of russia on the territory of Ukraine. It has been established that economic entities of the digital economy are obliged to take into account and enshrine in ethical codes the peculiarities of carrying out activities under the conditions of the legal regime of martial law. At the same time, it is not enough to have only the formal consolidation of ethical principles in the relevant internal documents of the company, their practical implementation is mandatory. Adherence to the norms of international law (transnational public order) is the duty of a socially responsible civilized business, which should help to recognize the ethical norms of the company, taking into account the peculiarities of the state of war. It is important that companies take responsibility, and not wait for a ban from the state, which needs time to change the regulations. It has been proven that the ethical codes should undergo changes, with the obligatory fixing of provisions: the company does not cooperate with business entities of the aggressor state and with persons who support and cooperate with them; the company does not work in the aggressor state and states that are accomplices and support aggression. Such a position should be formed not only on the basis of legislative prohibitions, but in the case of a regulatory gap, the company’s policy should be revised in order to implement such an idea to achieve the goals of the rule of transnational public order.
Transport statutes in the system of sources of law of Ukraine
Authors: Lohoyda V. M.
Published: August 2024

The article is devoted to the issues of transport statutes as sources of transport law of Ukraine, their validity and ability to effectively regulate social relations in the field of railway, road, and inland water transport, taking into account the changes that have occurred in social, political and socio-economic life over the past time on the restoration of Ukraine’s independence in 1991.
The author analyzes the formal preservation of the validity of the relevant legislative acts of the Soviet era, taking into account the normative legal acts adopted in 1991 on a legal succession of Ukraine. The author emphasizes that from a formal and legal point of view, the transport statutes of the Soviet era remain valid, however, due to the contradiction of a significant part of their norms with the legislation adopted later, these normative legal acts are increasingly losing their legal influence on social legal relations and are subject to the action of such a phenomenon as “forgetting the rules of law”.
At the same time, it was noted that proposals to abandon transport statutes in favor of a cumbersome codification of transport law norms (by raising the norms of statutes to the level of law) are irrational since an overly detailed Transport Code of Ukraine or codes of laws in the fields of road, rail or inland water transport will not be simple in use and will not meet the technical and legal requirements to the law. As a result, the author concludes that transport statutes in general are necessary regulatory legal acts. Still, their current editions are to a large extent morally outdated and such that they urgently need a radical revision to bring them into line with the changed norms of the legislation of Ukraine and take into account the need for adaptation of the national legal system to the law of the European Union. Thus, the application of their current editions in practical activities should be carried out after a thorough legal examination for the relevance of certain provisions.
Legal nature of the institution of insolvency of individuals
Authors: Oneshhuk A. V.
Published: August 2024

With the entry into force of the Code of Ukraine on Bankruptcy Procedures, the norms governing the recognition of a natural person as bankrupt began to apply to all natural persons, regardless of whether they have the status of an entrepreneur. This became a new stage in the history of the development of domestic insolvency (bankruptcy) law, since now the participants in the economic process are natural persons, whose debts are not related to the implementation of economic activity, and the court, in whose proceedings such a case is pending, can deal with legal relations, which were traditionally considered by general courts in civil proceedings. All this determines the need to clarify the legal nature of the institution of insolvency of natural persons.
The purpose of the article is to clarify the legal nature of the institution of insolvency of individuals and the place of this institution in the legal system of Ukraine.
The author considered the approaches that exist in legal science regarding the legal nature and place of the institution of insolvency of a natural person. It is emphasized that since the issues of bankruptcy and insolvency have historically always been in the scope of economic law and process, and the introduction of the possibility of declaring bankrupt individuals without such status, along with the bankruptcy of natural persons – entrepreneurs, does not mean the transfer of these legal relations to the sphere of civil law. Rather, the opposite is the case here - the spread of economic and legal norms to the peculiarities of legal regulation of the status of natural persons without the status of a subject of entrepreneurial activity. It is substantiated that during the time of its existence, commercial courts have demonstrated quality and efficiency in resolving commercial disputes, including developing an effective toolkit for considering bankruptcy cases, which is currently effectively used in the case of insolvency of individuals. The concentration of all disputes involving the debtor within the insolvency case of a natural person was analyzed. It was emphasized that from the moment of the opening of proceedings in the case of insolvency of an individual, all disputes arising regarding the latter’s property interests are decided by the commercial court.
Ways to stimulate business towards socially responsible behavior and respect for human rights in the economic sphere
Authors: Petrunenko Ia. V.
Published: August 2024

The article focuses on the growing role and importance of socially responsible business behavior. This is associated with a number of factors, such as the increasing ethical consciousness of society, the growing impact of business on the environment and people’s lives, and intensified competition in the market.
It is noted that socially responsible business behavior involves respect for human rights, environmental protection, investment in human capital, and the fight against corruption.
The purpose of the article is to explore and substantiate the ways to stimulate business towards socially responsible and respect human rights in the economic sphere. This goal is realized in the article by solving the following research tasks: the author analyzes the concept and essence of socially responsible business behavior and respect for human rights in international legal documents; defines the basic principles of socially responsible business behavior; studies the factors influencing the incentives for business towards socially responsible behavior; and develops and substantiates a complex of measures to stimulate business towards socially responsible behavior and respect for human rights.
The author explores the role of business in society and the need to take into account social and ethical aspects in its activities. The author analyzes the impact of socially responsible behavior of business entities on economic development and positive impact on society as a whole. The expected results of the proposed measures are determined.
The general conclusion of the article is that socially responsible business behavior and respect for human rights in the economic sphere are important components of sustainable development in modern society. Specific recommendations are proposed for enterprises to engage in these processes and maximize their social impact.
The results of this study can be used to develop and implement state policy in the field of stimulating socially responsible business behavior, as well as for self-improvement of business entities.
Legal regulation of economic security in Ukraine
Authors: Platukhin O. H.
Published: August 2024

It is indicated in a legal state, regulation of interaction between members of society, coordination of their interests and smoothing of conflicts arising between them and their associations is unthinkable without law. With the help of the influence of law on social relations, it is possible to order and regulate them in a civilized manner. In the sphere of achieving a state of security, the law allows you to set the limits of what is permitted, to determine the obligations and prohibitions in the behavior of the relevant subjects. Due to regulatory legal regulation, security receives a unique meaning that determines the final goal of its provision, connects it with national priorities and interests of each legal entity, preventing blurring of the understanding of the essential characteristics of the basic category «national security» and its derivatives.
The conducted scientific analysis of the legal regulation of the economic security system of Ukraine made it possible to conclude that it has a complex and multifaceted nature, that is, it involves the creation of a complex of legal, economic and administrative-organizational mechanisms aimed at ensuring the rights of citizens and other subjects of economic activity to protect private property, economic freedom and unimpeded implementation of economic and other economic activities. It is pointed out that the state should implement the appropriate organizational and legal provision of economic security of Ukraine, aimed at increasing the investment attractiveness of the country, eliminating offenses in the economic sphere. The analysis of regulatory legal acts made it possible to single out the following shortcomings of the legal provision of economic security of Ukraine: complexity, vagueness and inconsistency of individual legislative norms, ambiguous interpretation in their application; inconsistency between developers and lack of system of legal acts regulating economic security. It was concluded that the presence of such shortcomings indicates the need to modify approaches to the formation of legal support for the economic security of the state, to make changes to the current legislation.
Purpose and principles of state regulation of non-bank financial services markets
Authors: Popova A. V.
Published: August 2024

The need for stable development and effective use of non-banking financial services market tools, as well as the imperfection of the current legislation in this area characterize the unconditional relevance of the topic of this article. The purpose of the article is to determine the purpose of state regulation of non-bank financial services markets, to define the concept of the principles of state regulation of professional financial activity, and to highlight and analyze the main principles of such regulation.
It is noted that one of the main elements of state regulation of non-bank financial services markets is the purpose of such regulation. In view of the analyzed scientific positions and legislative provisions, it is concluded that the main goal of state regulation of non-banking financial services markets is: 1) ensuring transparency, reliability and openness in the markets of non-banking financial services; 2) coordination of activities of state authorities on the functioning of non-bank financial services markets; 3) protection of rights, legitimate interests and satisfaction of socio-economic needs of consumers of non-banking financial services; 4) prevention of abuses and violations in the markets of non-banking financial services.
It is proposed to define the principles of state regulation of professional financial activity as the main ideas, basic principles, and general provisions of the implementation by the Regulators of a set of measures to regulate, control and supervise the activities of non-banking organizations and other participants in the markets of non-banking financial services in order to create favorable conditions for their functioning. , preventing and countering abuses and violations in the markets of non-banking financial services and ensuring the protection of the legitimate interests of clients.
The main principles of state regulation of professional financial activity are highlighted: the principle of legality; principle of commensurability (proportionality); the principle of guaranteeing the rights and legitimate interests of participants in the financial services market (in particular, the rights of consumers); the principle of assessment by the Regulators of transactions, operations, circumstances and events taking into account their economic and factual content; the principle of mandatory licensing of professional financial activity; the principle of exclusivity of professional financial activity.
Application of measures of procedural coercion in the economic process: certain aspects
Authors: Slobodianyk T. M.
Published: August 2024

The article is devoted to the study of certain aspects of the application of measures of procedural coercion in the economic process. In particular, the study of the effectiveness of the application of certain measures of procedural coercion in the economic process.
This topic was chosen for research in view of the illegal behavior of participants in the economic process, which, according to the analysis of court practice, has recently become a mass phenomenon and has diversified into various types.
The state of war in Ukraine also affected both the process of consideration of economic disputes and the behavior of the participants in the economic process, in particular of a negative nature, such as failure to appear at a court session without a valid reason, which prolongs the time frame for consideration of the case.
For this purpose, it was established that in accordance with Part 3 of Article 42 of the Economic Procedural Code of Ukraine (hereinafter referred to as the Code of Economic Procedure of Ukraine), in the event that a party to the case fails to fulfill its obligations, the court shall apply procedural coercion measures to such a party to the case provided for by the Code of Criminal Procedure [1].
Pursuant to part 1 of Article 132 of the Criminal Procedure Code, measures of procedural coercion are: 1) warning; 2) removal from the courtroom; 3) temporary seizure of evidence for investigation by the court; 4) fine.
At the same time, the application of procedural coercion measures to a person does not exempt him from fulfilling his duties.
It was determined that in accordance with Part 2 of Article 131 of the Criminal Procedure Code, procedural coercion measures are applied by the court by issuing a resolution. At the same time, paragraph 16 of part 1 of article 255 of the Criminal Procedure Code establishes that decisions of the court of first instance on the collection of a fine in the procedure of procedural coercion may be challenged in the appeal procedure [1].
Also, the court itself can cancel the decision on the collection of a fine issued by it in accordance with the sixth part of Article 135 of the Criminal Procedure Code, if the person in respect of whom it was issued corrected the committed violation and (or) provided evidence of the validity of the reasons for not fulfilling the relevant requirements of the court or his procedural duties.
Based on the results of the analysis of the norms of economic procedural legislation and court practice, the need to make changes to the norms defining the procedure for applying measures of procedural coercion in the economic process is substantiated.
Principles of judicial policy in the system of judicial and legal relations
Authors: Kalarash R. A.
Published: August 2024

Judicial policy plays a critical role in the formation and development of the judicial system in modern society. It provides a strategic framework on which decisions are made on the organisation of the judicial system, setting priorities in its work, reforming procedures and ensuring legal protection of citizens. The judicial policy covers a wide range of aspects, from the development of legislation to the administration of justice in practice. In this context, it is important to consider the principles of judicial policy that underpin the judiciary and determine their role in shaping the judicial system of Ukraine.
In today’s context, when Ukraine is facing the task of reforming its legal system and ensuring the rule of law, as well as taking into account the growing challenges and needs of society, understanding the principles of judicial policy becomes a priority task to ensure justice, legal order and harmony in society. The analysis of judicial policy principles will contribute to the effective functioning of the judicial system, ensure the independence and objectivity of the courts, and protect the rights and freedoms of citizens. Such a study will not only contribute to further improvement of the judicial system, but will also help to ensure that its activities comply with international standards and requirements.
The relevance of the chosen topic for scientific research is manifested in the need for a systematic analysis of the principles of judicial policy as a phenomenon and instrument by which the judicial system of Ukraine should function and evolve.
This article is one of the first attempts to make a comprehensive study of the theoretical and practical aspects of the principles of judicial policy and to determine their role in judicial and legal relations.
The article examines certain aspects of systematisation of judicial policy principles as the basis for the functioning of the judicial system. The author reveals the theoretical foundations, content and nature of these principles in terms of their impact on the activities of judicial bodies. The author analyses the regulatory and legal framework of the judicial policy principles in national legislation and international documents. The author emphasises the importance of the judicial policy principles’ influence on the formation of the judicial system of Ukraine and identifies the main trends in their application in the context of modern challenges.
Peculiarities of the alienation of the real estate object located on one’s own land plot
Authors: Kanivets L. A.
Published: August 2024

The article is devoted to the study of issues of legal regulation of relations related to the transfer of ownership of a plot of land in the event of acquisition of ownership of a real estate object located on it. It was established that the implementation of the principle of a single legal share of the land plot and the real estate object on it is carried out in accordance with the requirements of land and civil legislation. The need to determine the quality of priority land legal norms was noted. It was found that the legislative innovations contributed to the unification of the regulatory and legal regulation of the implementation and practical implementation of the automatic transfer of the right to a land plot when the right to a residential building, other building or structure on it is transferred.
The mechanism of simultaneous transfer from the expropriator (previous owner) to the acquirer of the real estate object of ownership of the land plot on which such an object is located is analyzed. The grounds and conditions under which such a transition is possible have been clarified.
In addition, the issue of legislative regulation of real estate objects, with the acquisition of ownership of which provides for the automatic transfer of ownership to the land plot on which they are located, is also disclosed. Approaches regarding the need to improve norms due to their uncertainty (contradiction) were supported. The special requirements for the contract providing for the transfer of ownership of the real estate object located on the land owned by the alienator were analyzed, the subject and essential terms of the contract were clarified, and the feasibility of improving the legal requirements on the specified issues was noted.
Taking into account the analysis of the formed judicial practice, the relevant issues of the consideration of disputes related to the provision of the principle of a single legal destiny of the real estate object and the land plot on it were analyzed, the problems of independent construction, acquisition of ownership rights to it were considered.
Attention is focused on the issues of further improvement of land legal norms in order to ensure the effective functioning of the procedure for transferring the right to a land plot in the event of acquiring the right to a real estate object located on it.
Environmental and legal aspects of the armed aggression of the Russian Federation against Ukraine
Authors: Kovtun O. M.
Published: August 2024

The article examines the environmental and legal aspects of the armed aggression of the Russian Federation against Ukraine.
The problems of bringing the aggressor state to responsibility for ecocide are analyzed. Having found a legislative enshrinement in the national criminal law (Article 441 of the Criminal Code of Ukraine), ecocide has not been enshrined in international criminal law. It is not recognized as a crime either in the Rome Statute of the International Criminal Court or in any other international legal act. As of today, Russian crimes against the environment can be investigated by the International Criminal Court as war crimes. The author of the article supports the proposal regarding the need to include the crime of ecocide in the Rome Statute.
The ecological and legal aspect of the formation of an international compensation mechanism is studied, the components of which are: 1) an international register of damages; 2) compensation commission (which will consider individual applications for compensation by the Russian Federation for losses from citizens, companies and the state); 3) compensation fund (which will accumulate funds to pay commission decisions, including at the expense of confiscated Russian assets).
The mechanism of compensation for environmental damage caused as a result of the armed aggression of the Russian Federation against Ukraine is analyzed, and ways of its optimization are proposed. The future compensation mechanism should be based on the «ecosystem services approach», which will significantly increase the amount of environmental damage that the Russian Federation will pay to Ukraine.
The international practice of compensation for environmental damage caused by the aggressor as a result of military actions and temporary occupation was studied and analyzed.
The author emphasized the need to reform the state environmental monitoring system. Without reliable monitoring data, it is difficult to prove a causal relationship between the illegal actions of the aggressor state and the damage caused to the environment.