bluuebunny/crossref_metadata_2025 huggingface dataset:
Features of the internal administrative and legal organization of pension provision in Ukraine
Authors: Sokurenko O.A.
Published: December 2024

The article is devoted to the study of the internal administrative and legal organization of pension provision in Ukraine, which is a relevant issue in the context of modern demographic and economic challenges.
The article analyzes the main problems and ways to improve the pension system of Ukraine. It is noted that the rapid aging of the population and a significant share of informal employment complicate the financing of the pension fund, and the shadow economy reduces revenues.
The features of pension system administration, the role of decentralization, the introduction of electronic services, and measures to increase social security are highlighted. These changes are aimed not only at increasing the efficiency of the pension system, but also at strengthening citizens’ trust in its work and attracting workers to the official labor market.
It is determined that the internal administrative and legal organization of pension provision in Ukraine establishes key elements for the effective functioning of the system, in particular the structure, functions and interaction of bodies involved in the management of pension resources. Such an organization ensures coordination between central and local bodies, which allows for a prompt response to the needs of citizens, effective allocation of resources and implementation of control mechanisms. Thanks to this support, transparent administration of pension payments becomes possible, optimization of management processes and support of the financial sustainability of the pension system in the face of economic and demographic challenges.
The possibility of adapting international experience in optimizing the purpose of the pension system is also being considered. The proposed recommendations are aimed at increasing the financial sustainability of the pension fund and ensuring a decent standard of living for the elderly.
It is noted that the reforms are aimed at expanding e-administration, strengthening social dialogue and involving workers in formal employment, which contributes to the financial sustainability of the pension system. As a result of the implementation of these measures, it is expected to increase the level of social protection of elderly citizens and ensure the stability of the pension fund.
It is concluded that the system of internal administrative and legal organization requires constant adaptation to new conditions and circumstances, which is manifested in the implementation of electronic administration, transparent control mechanisms, expansion of social dialogue and gradual decentralization. In other words, the internal administrative and legal organization of pension provision in Ukraine is the basis for the stable and effective operation of the pension system.
The mechanism for ensuring information security of individuals
Authors: Shevchuk M.O.
Published: December 2024

The article examines the mechanism of ensuring information security of individuals. The author emphasizes that there is a tendency in legislation to presume information security. This is one of the legal means to ensure information security and protect the rights of information owners. This presumption performs several important functions: it ensures the legality of actions with information, guarantees the fact of information security, protects the rights of participants in information legal relations, and allows to assess the significance and value of information. Users of information subject to the presumption of information security assess its significance on the basis of law or contract.
The study of the mechanism for ensuring information security of individuals requires taking into account three key components: technical means of protection, legal regulation and educational component. Each of these elements plays an important role in creating a reliable system for protecting personal data from threats in the digital environment. Modern technical means of protection, legal regulation, and the role of education in raising public awareness of information security are studied. The effectiveness of various personal data protection measures and their impact on the formation of a security culture in society are analyzed.
The key conclusions of the study are that the introduction of modern technological solutions significantly reduces the risks associated with cyberattacks; the existence of clear legal norms and control mechanisms ensures the protection of individuals’ rights to information security; raising public awareness of the basics of information security creates a culture of security in society.
Opportunities for further development in this area may include the following: the introduction of new methods of data protection, taking into account modern threats in cyberspace; expanding research in the field of legal regulation to adapt legislation to changing conditions; improving training programs for various groups of the population with an emphasis on the practical aspects of information security.
The article also identifies unresolved issues in this area and offers recommendations for further development of information security mechanisms.
Administrative and legal support for the functioning of the System 112
Authors: Shyrhan V.
Published: December 2024

The article examines the issue of administrative and legal support for the functioning of the emergency assistance system for the population under the single number 112 in Ukraine. Considering global trends towards digitalization and automation of emergency services, creating an effective and reliable the System 112 is of particular importance for ensuring the safety and health of citizens. In Ukraine, as in many other European countries, developing a unified emergency response system is strategically important for improving the process of providing medical, fire, police, and other types of emergency assistance.
One of the main reasons for implementing the System 112 is to ensure fast and convenient communication between citizens and emergency services. In the modern world, where response time is crucial for saving lives and protecting health, the System 112 reduces the time required to detect an emergency, quickly directing appropriate resources to provide assistance. Establishing such a system in Ukraine is an important step toward ensuring citizens’ safety and improving the quality of emergency assistance.
Administrative and legal tools play a key role in regulating the functioning of the System 112.
These include regulatory legal acts that define the rights and responsibilities of system participants, procedures for their interaction, and mechanisms for controlling the effectiveness of emergency assistance provision. Ukrainian legislation should ensure clear regulation of the interaction between state bodies, emergency services, local authorities, and other participants in the assistance process. This includes rules for coordinating the actions of emergency services, an information exchange system, and criteria for evaluating the effectiveness of the entire system. Adopting such norms ensures the proper functioning of all components of the System 112 , effective response to emergencies, and guarantees citizens’ right to timely emergency assistance.
Such a comprehensive approach not only ensures proper organization of work but also allows for effective responses to any challenges that may arise during the functioning of the System 112.
Extrajudicial forms of settlement of public law disputes: legal regulation and directions of improvement
Authors: Yarosh A.O. , Matselyk T.O.
Published: December 2024

The article is devoted to extrajudicial forms of settlement of public law disputes.
It is emphasized that an important component of European standards of administrative law is the institution of protection of individual rights, which has undergone significant transformations in recent years, one of the effective ones being the institution of extrajudicial settlement of public law disputes.
Updating the forms of extrajudicial settlement of public law disputes is a consequence of the unification and harmonization of national legislation with European standards, their active implementation will make it possible to minimize conflicting legal relations in the public sphere, and properly prescribed procedures will contribute to the efficiency and effectiveness of extrajudicial settlement of public law disputes. In the work, based on the analysis of the norms of the current legislation, it was found that the extrajudicial procedure for the settlement of public law disputes is not only an alternative to the judicial form of protection, but also an independent, effective form of protection of the rights, freedoms and interests of a person in public legal relations.
The legislation of Ukraine defines the possibility of a pre-trial procedure for resolving an administrative dispute as an alternative (recommended) and not a mandatory way of resolving it, at the same time, the legislation contains a set of normative acts that separately determine the types, forms and procedures of its implementation, but no systematic settlement has been implemented .
As forms of extrajudicial settlement of public law disputes, the article defines administrative appeal, mediation, parliamentary control of the Commissioner of the Verkhovna Rada of Ukraine for human rights, etc.
It is emphasized that the Law of Ukraine «On Administrative Procedure» most fully regulates the procedure for pre-trial resolution of a public law dispute, the subject of which is the decision of a subject of authority in the form of an administrative act, but it does not regulate the procedure for challenging the actions and inactions of the subject of authority as a subject appeal.
Defence of Ukraine against armed aggression and combat immunity as circumstances excluding the unlawfulness of an act under the draft Criminal Code of Ukraine
Authors: Andrusiak H.M.
Published: December 2024

The article analyses the actual composition of the circumstances which exclude criminal unlawfulness/illegality of an act provided for in the current Criminal Code of Ukraine (performance of the duty to protect the Motherland, independence and territorial integrity of Ukraine - Article 43-1) and in the draft Criminal Code of Ukraine (protection of Ukraine from armed aggression - Article 2.9.3 and combat immunity - Article 2.9.11). Based on the analysis of scientific literature, the author identifies the main approaches of scholars to the formulation of the circumstance excluding criminal unlawfulness of an act under Article 43-1 of the Criminal Code of Ukraine and traces the ways to eliminate them in the text of two relevant circumstances in Articles 2.9.3 and 2.9.11 of the draft Criminal Code of Ukraine.
It is concluded that the factual composition of these two circumstances, despite the fact that they have the same legal nature, since they arise from the duty to defend the Motherland, independence and territorial integrity of Ukraine, have a different factual composition. In particular, these circumstances differ significantly both in terms of primary and secondary facts and in terms of the conditions accompanying the secondary (main) fact. It is stated that this approach cannot be considered justified. It is concluded that the value of understanding the legal essence of circumstances excluding the unlawfulness of an act through the prism of their factual composition is precisely to develop a typical model of such circumstances which would include the same number of facts and conditions accompanying them with a variable component of some of them. In this case, variability may occur in relation to the conditions accompanying the secondary (primary) fact. As for the facts themselves - primary (non-basic) and secondary (basic) - their content should be the same for both the defence of Ukraine against armed aggression (Article 2.9.3 of the draft Criminal Code of Ukraine) and combat immunity (Article 2.9.11 of the draft Criminal Code of Ukraine).
Legal grounds for liability for committing crimes of terrorism: a comparative legal analysis
Authors: Davydov D.G.
Published: December 2024

In the research paper, in a comparative legal mode, the legal grounds of responsibility for committing crimes of a terrorist nature are considered, using the example of Ukraine, the USA, Great Britain, France and Germany. A comparative legal analysis of national approaches to defining and countering terrorist crimes is presented. The importance of using international norms and conventions in criminal legislation to combat terrorism is substantiated. The specifics of the regulation of the mechanisms of responsibility for terrorist crimes in various legal systems are analyzed, attention is focused on preventive measures and features of the criminalization of these acts in the relevant jurisdictions.
The position is formulated that the American experience is important for scientific understanding since the US federal Criminal Code regulates in detail responsibility for terrorist crimes, in particular, distinguishing between international and domestic terrorism, and also contains specific articles on the financing of terrorism, the use of weapons of mass destruction, and acts of terrorism in public places.
It is argued that the French legislator also shows a serious attitude to the fight against terrorism by including several prohibitions in its criminal law, which shows the integration of international legal recommendations. Compared to this, in Germany there are significantly fewer prohibitions against terrorist crimes, and the British legislator generally uses a special law - the Terrorism Act, rather than the Criminal Code.
In conclusion, it is emphasized that the study of progressive international experience in the field of combating terrorism is important for Ukrainian scientists, as it allows them to evaluate the effectiveness of the approaches of other countries and to improve the national strategy for combating terrorism. Analysis of the results of the activities of law enforcement agencies and special services of foreign countries leads to the conclusion of the need to improve the provisions of program documents and criminal legislation of Ukraine, as well as to develop new methods of combating this socially dangerous phenomenon.
Separately, taking into account the European integration aspirations of Ukraine, the importance of adapting the national anti-terrorist legislation, in particular its criminal law component, to the best European standards in order to ensure an effective fight against terrorism in the context of international cooperation is emphasized.
Distinguishing collaboration activities from related criminal offences: issues of theory and practice
Authors: Maletova O.S. , Hlushchenko A.O.
Published: December 2024

The study provides a comprehensive theoretical and legal analysis of the issue of distinguishing collaborative activities from related criminal offences within the context of safeguarding Ukraine’s national security. The relevance of this topic is driven by the necessity for precise criminal law classification of collaborationist activities under conditions of armed aggression and the importance of differentiating this offence from related criminal acts to enhance the effectiveness of legal enforcement.
This work conducts an in-depth analysis of the regulatory framework governing responsibility for collaborative activities, identifying specific characteristics of this type of offence. Special attention is devoted to a comparative examination of the objective and subjective elements of crimes defined in Articles 111, 111-1, 111-2, 436, and 436-2 of the Criminal Code of Ukraine.
Through systematic analysis, key criteria are identified to distinguish collaboration from acts of state treason, assistance to an aggressor state, and war propaganda. The primary differentiating features include the specifics of the subject composition, territorial scope, the nature of transferred material resources, the public nature of actions, the intent direction, and the purpose of the activities.
The study examines the objective aspects of collaboration, including the public nature of actions, the transfer of material resources, and informational activities. It also defines the subject composition of the examined criminal offences and their territorial attachment.
Issues surrounding the differentiation of collaborative activities in the form of material resource transfer and assistance to an aggressor state are explored, particularly in terms of ownership rights over transferred resources. The distinctive qualifications of political and informational collaboration are outlined.
A holistic approach to distinguishing collaborationist activities from related offences is substantiated, requiring a systematic interpretation of criminal law norms in connection with all elements of a criminal offence.
Criminal liability for war crimes
Authors: Maletova O.S. , Trigub O.M.
Published: December 2024

The article provides a comprehensive theoretical and legal analysis of criminal liability for violations of the laws and customs of war, in light of contemporary challenges facing international humanitarian law. The relevance of this study arises from the need to enhance mechanisms of accountability for war crimes amidst modern armed conflicts and the importance of ensuring effective justice against war criminals.
The research delves into the historical development of legal regulation for liability concerning breaches of war laws and customs, starting from the Hague Conventions to contemporary international legal instruments. Particular attention is given to the 1949 Geneva Conventions, which serve as a foundational pillar of modern international humanitarian law in protecting the rights of participants in armed conflicts.
Through systematic analysis, the article outlines the distinct legal status of various categories of armed conflict participants (combatants, non­combatants, civilians, and prisoners of war) and the nuances of their protection under international humanitarian law. A detailed examination of the elements of the crime defined in Article 438 of Ukraine’s Criminal Code is conducted, with a specific focus on the contextual elements that characterize war crimes.
The article addresses contentious aspects of the doctrinal interpretation of the contextual element in war crimes, exploring various academic perspectives on its nature and its place within the elements of the crime. The relationship between contextual circumstances and the objective and subjective aspects of war crimes is substantiated.
The study also examines the specificities of different types of liability for violations of war laws and customs, including individual, collective, and state responsibility. It analyses the role of international judicial institutions in ensuring the inevitability of punishment for war crimes and highlights challenges in their effective operation.
Based on the research, the authors propose improvements to mechanisms for criminal accountability regarding violations of war laws and customs and develop recommendations aimed at enhancing the effectiveness of international justice in this domain.
Classification of modern crime prevention measures in the housing construction sector
Authors: Sirets O.O.
Published: December 2024

This article is devoted to the problem of updating measures for preventing criminal offenses in the field of housing construction, as well as their analysis and systematization. It classifies preventive measures related to crime into specific groups applicable in housing construction to modernize previously formulated prevention strategies by researchers, which can also be applied to this field. The grouping and enhancement of the «arsenal» of preventive measures will facilitate the future development of tactics and strategies for preventive activities against crime in the housing construction market at both regional and national levels.
The study of a significant body of literature related to both the criminological aspects of preventing criminal offenses in the field of housing construction and adjacent areas has made it possible to propose a grouping of general social and specialized criminological preventive measures across seven key areas: political, legislative, socio-economic, organizational and managerial, educational and cultural, ideological, and doctrinal prevention. Furthermore, due to the extensive and multifaceted nature of the housing construction sector, where criminal offenses are committed by both construction companies and officials from government bodies or local authorities, the organizational and managerial group of preventive measures has been suggested to be divided into those applicable to construction companies and those relevant to the state as a whole, as well as to officials (including those from local governments) specifically.
At the same time, as a conclusion, it is noted that there is a need to search for and propose new measures that will significantly improve the existing «arsenal» of preventive measures against crime in the housing construction market and enhance the effectiveness of activities aimed at preventing and combating criminal offenses in this area.
The areas of cybercrime prevention and improvement of legal regulation of human rights protection in cyberspace
Authors: Sperkach N.A. , Kovbasiuk V.S.
Published: December 2024

The article is devoted at identifying the main problems of human rights protection in cyberspace and developing modern and effective ways to improve legal regulation, increase the level of protection of users on the Internet and strengthen public confidence in the digital environment.
The author analyzes and proposes ways to prevent cybercrime, one of the most serious problems of modern cyberspace, especially in the context of constant cyberattacks.
Particular attention is paid to the analysis of current threats and problems related to human rights violations in cyberspace in the context of constant cyberattacks, which have significantly intensified after the full-scale invasion of russia. First of all, the authors analyzed the main national andinternationallegal acts regulating the protection of human rights in cyberspace. It is found that the existing legal framework governing Ukraine is somewhat irrelevant in the current environment, as it does not fully cover new threats arising from the development of information technologies. Motivated proposals were made to amend the current national legislation of Ukraine to improve the mechanisms for protecting human rights in cyberspace. The authors also raised the issue of personal data protection, in particular, analyzed the concept of the «right to be forgotten», which is particularly relevant in the context of the rapid dissemination of information on the Internet.
The problems of protecting children’s rights in cyberspace, including such phenomena as cyberbullying, grooming and excessive exposure to violent content, are separately considered. The article emphasizes the importance of introducing special protection measures for children, in particular, by strengthening control over access to dangerous web resources, as well as intensifying efforts to raise awareness of parents and educators about threats in the digital space. The authors also analyzed measures of legal liability for cyberbullying in the United States and Canada. In addition, the article regulates in detail and substantiates the feasibility of developing a Strategy for Information Security of Children in Cyberspace and a Strategy for Digital Citizenship. The authors emphasize the need to introduce the institution of property liability for cyberbullying in Ukraine. The article concludes that a comprehensive approach to improving the legal regulation of cyberspace is needed.
Application of a preventive measure in the form of detention during the period of martial law
Authors: Diachenko E.V.
Published: December 2024

The article is devoted to the study of the issues related to the application of a preventive measure in the form of detention with due regard for the amendments to the CPC of Ukraine under martial law. The article highlights what changes have occurred in the Criminal Procedure Code of Ukraine regarding the application of preventive measures in the form of detention under martial law, and also draws conclusions about the effectiveness of these changes and recommendations for their further improvement.
The author analyzes the legislative changes regarding the “delegation” of certain powers of the investigating judge to the head of the prosecutor’s office, which is an exception to the general rules for choosing preventive measures established by national legislation. The author establishes that the legislator has retreated from certain obligations under the International Covenant on Civil and Political Rights and the European Convention on Human Rights by actually delegating some powers of investigating judges and the court to the heads of prosecution bodies. It is proposed to: 1) to amend Art. 615 of the CPC of Ukraine: to change the procedure for extending the term of validity of the detention order so that the heads of prosecutor’s offices have the right to extend the term of validity of the investigating judge’s detention order only for persons suspected of committing crimes under Section I of the Criminal Code of Ukraine, as well as crimes committed in the territories of military operations; 2) to amend Art. 8 of the CPC of Ukraine: to grant the investigating judge or court the right to assess the existing risks defined in Article 177 of the CPC of Ukraine and the right to determine the type of preventive measure for military personnel at their own discretion, which should be based on the basis of proof of these risks.
The issues discussed in this article do not exhaust the problems of the CPC of Ukraine in terms of the procedure for applying a preventive measure in the form of detention during martial law. However, the proposed amendments will immediately bring the national legislation on the procedure for applying a preventive measure in the form of detention during martial law in line with the European standards of human rights protection in the field of criminal justice.
Use of special knowledge in the investigation of crimes against the environment
Authors: Lazebnyi A.M. , Dubets A.V.
Published: December 2024

The article is devoted to the actual problem of using special knowledge in the investigation of criminal offenses against the environment. The article examines the necessity and peculiarities of applying such knowledge in the process of uncovering and investigating crimes that harm the environment.
The paper analyzes the current state of the problem, considers various types of environmental crimes and their consequences. Special attention is paid to the role of forensic examination and the use of modern technologies in the investigation process. In addition, the possibilities of forensic examinations to establish the truth in the investigation of crimes against the environment are analyzed. The work of scientists aimed at the development of forensic means and methods of investigation of environmental crimes, which contributed to the development of the methodology of investigation of crimes against the environment, improvement of their forensic characteristics, the role of special knowledge in the investigation of such crimes, was studied. Attention is focused on forensic examinations and their types, in particular forensic-ecological. The task of forensic environmental examination is to establish cause-and-effect relationships between the state of human health and its change and the harmful impact of human activity on the surrounding natural environment, as well as the study of violations of environmental safety rules. It is necessary to apply expertise from various fields of science, since the objects of research in the specified cases are extremely diverse. The results of the research can be used to develop new legislative norms and improve the practice of combating environmental crimes in Ukraine and beyond.
Thus, the study proves that the effective application of special knowledge in the process of investigating environmental crimes is an important component of the struggle for environmental protection. However, in order to achieve maximum results, it is necessary not only to improve technical means and methods, but also to improve the personnel training system, regulatory and legal support, as well as interdepartmental interaction between various law enforcement subjects. Only a comprehensive approach will allow to significantly increase the effectiveness of the fight against environmental crimes and preserve natural resources for future generations.
Judicial control over the decision of investigator, detective and prosecutor to suspend pre-trial investigation: criteria of legality and practice of appeal
Authors: Rogozinnikova K.S.
Published: December 2024

The article presents the results of scientific research on a comprehensive analysis of the mechanism of judicial control by an investigating judge over the decisions of an investigator, a coroner and a prosecutor to suspend a pre-trial investigation. It is established that quite often in the law enforcement practice of criminal proceedings, situations arise which make it objectively impossible for pre-trial investigation authorities to continuously and timely carry out the necessary investigative (detective) actions and make appropriate decisions to complete the pre­trial investigation as soon as possible. In particular, we are talking about the objectively determined need to suspend the pre-trial investigation, the validity of which is confirmed by the prosecutor’s decision or the decision of the investigator, detective, agreed with the prosecutor.
The study focuses on the procedural peculiarities of acquiring the status of a suspect, as well as on the need to comply with the principle of reasonableness of the pre-trial investigation. In particular, the author identifies the negative legal consequences of unlawful delay in the pre­trial investigation for the process of restoration of violated rights and interests of individuals and compensation for damages to civil plaintiffs. In support of the author’s position, the author cites the practice of application of Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms in the judgment in the case of Merit v. Ukraine, adopted by the European Court of Human Rights on 30 March 2004.
It is determined that the conditions for suspension of the pre-trial investigation should be understood as the provisions of the criminal procedure law which oblige the authorised official to perform relevant procedural actions and make procedural decisions or establish the existence of certain legal facts before issuing a decision to suspend the pre-trial investigation. The author emphasises the need to strictly comply with the provisions of Parts 1 and 2 of Article 280 of the Criminal Procedure Code of Ukraine, in which the legislator has defined an exhaustive list of grounds for the lawful suspension of a pre-trial investigation.
The authors of the article also determine that judicial control over the decision-making by the investigator and prosecutor to suspend the pre-trial investigation is revealed through the investigating judge’s ability to resume procedural actions in the context of criminal proceedings, which is ensured by the latter’s cancellation of the decision to suspend the pre-trial investigation. The opportunity to appeal to the investigating judge against the decision of the investigator, detective, or prosecutor to suspend the pre-trial investigation is provided by Article 303(1)(2) of the Criminal Procedure Code of Ukraine.
Liability of a lawyer for failure to fulfill the professional duty to improve his qualifications
Authors: Zaborovskyy V.V.
Published: December 2024

This article is aimed at revealing the legal nature of the lawyer’s obligation to improve his qualifications and the issue of responsibility for failure to do so. Both the current legislation of Ukraine (Procedure for improving the qualifications of lawyers of Ukraine (new edition)), which regulates this obligation, and previous editions of the Order have been analyzed, and the role of disciplinary bodies in monitoring its implementation has been determined. Attention is drawn to the fact that the current Procedure for improving the qualifications of lawyers of Ukraine, although on the one hand, provides for a fairly liberal approach to the responsibility of a lawyer for failure to fulfill the obligation to improve his qualifications, and on the other hand, this Procedure, unlike its previous editions, proceeds from the obligation to take into account such a circumstance (that is, the lawyer’s failure to fulfill his duty to improve his qualifications is essentially a circumstance that burdens the lawyer’s disciplinary responsibility).
Within the framework of this article, the legal regulation of the mechanism of bringing a lawyer to justice for non-fulfillment or improper fulfillment of his duty to improve his qualifications under the laws of foreign countries was analyzed. Thus, the author draws attention to foreign experience in the field of the professional duty to improve the qualifications of lawyers, in particular in France, Germany, Austria and Kazakhstan, where stricter mechanisms of control over the level of their qualifications are provided. Thus, sanctions for lawyers’ failure to fulfill the obligation to improve their qualifications can range from an increase in contributions to professional insurance to suspension or even deprivation of the right to professional activity.
A conclusion is made about the need to improve the mechanism of bringing a lawyer to justice in the event of his failure to fulfill his obligation to improve his qualifications. Therefore, in the case of a lawyer’s failure to fulfill the specified duty, such type of disciplinary responsibility should be applied to him as a warning and given a period for its proper fulfillment. If the qualification commission establishes a causal connection between the lawyer’s disciplinary offense and harm to the client due to insufficient professional qualifications, the right to practice law must be suspended, and the lawyer must undergo repeated (additional) mandatory training to improve his qualifications, and in in the case of its improper execution, he should be deprived of the right to engage in advocacy. This mechanism of bringing the lawyer to justice will contribute to the improvement of the quality of legal aid and the authority of the legal profession in society.
Trade unions in the age of digital technologies: new challenges for the freedom of association
Authors: Baadzhy N.A.
Published: December 2024

This article explores the impact of digital technologies on the activities of trade unions and their ability to uphold workers’ rights. Special attention is given to the challenges for the freedom of association in the context of labor market changes and digital transformation. Based on the analysis of current trends, the article discusses how digital tools can both enhance and limit trade union activity. Recommendations for the development of trade unions in the digital age are also provided.
From the perspective of protecting workers’ rights, the article examines certain digital tools as opportunities for trade unions to modernize their operations, particularly through online communication and mobilization of workers. It also analyzes the challenges to freedom of association in the digital age, including the rise of unstable forms of employment and the impact of algorithmic management. Examples of trade union adaptation are presented, along with recommendations aimed at strengthening their role to ensure resilience and activity in the face of the digital transformation of the labor market, in accordance with proposals from the International Labour Organization.
In the contemporary environment, the protection of workers’ rights has become complicated, as most non-standard and innovative forms of employment typically lack a direct dependency of the worker on the employer. The most complex employment situations arise in the context of the development of the Internet and mobile communication devices, where it is not always clear whether labor relations exist, and it is even more challenging to determine whether protections designed for standard labor relations should apply to individuals engaged in such forms of employment. These circumstances highlight the need for the implementation of appropriate mechanisms that would extend collective bargaining regulation to workers with non­standard (precarious) employment, particularly those working on online platforms. One possible guarantee for the realization of such rights may be the inclusion of these workers among social partners by granting them the independent right to collective bargaining and/or representation in the labor market through sectoral trade unions.
Ban on the Mejlis as a Violation of CERD: Analysis of the Position of the President of the International Court of Justice Donoghue (Judgment of 31 January 2024, Separate Opinion)
Authors: Marusiak O.
Published: December 2024

The article is dedicated to analysing the legal position of Joan Donoghue, President of the International Court of Justice, regarding the ban on the Mejlis, as expressed in her separate opinion to the Court’s Judgment on merits of 31 January 2024, in the case concerning the Application of the International Convention for the Suppression of the Financing of Terrorism and the International Convention on the Elimination of All Forms of Racial Discrimination (Ukraine v. Russian Federation). The article presents and examines Donoghue’s arguments that the ban on the Mejlis, an institution entirely composed of members from a single ethnic group, was based not only on the political activities of the institution or its members but also on the ethnic background of the Mejlis members. This suggests that the ban can be considered an act of discrimination against the Crimean Tatar ethnic group and a violation of relevant CERD provisions by the Russian Federation.
The article also analyses three points raised by Donoghue regarding the Court’s application of CERD in the context of the issue. First, the Court committed a serious mistake by assessing the legality of the Mejlis ban without adequately analysing the legal grounds for such a ban. Second, the Court artificially separated the political views expressed by the Mejlis from the ethnic background of its members, which was inappropriate in this case. Third, the Court reached an erroneous conclusion that the ban on the Mejlis did not deprive the Crimean Tatar population of representation, as this body allegedly was not the only institution representing the Crimean Tatar community.
Donoghue’s argumentation is further complemented by author’s reflections that, inter alia, the practical application of Russian Federal Law “On Countering Extremist Activity,” under which the Mejlis was banned, illustrates the unlawful and discriminatory nature of such an instrument. Since the legal basis for banning the Mejlis was unlawful, the ban on the ban on Mejlis cannot be considered legitimate; it should constitute a violation of the Russian Federation’s international obligations under CERD.
The concept of gender equality and manifestations of gender inequality: international legal aspect
Authors: Syroid T.L.
Published: December 2024

The article describes the concept, essence and elements of “gender equality” and “gender”. Attention is paid to the interpretation of the term “gender” provided by specialized agencies and relevant structures of the United Nations (UN), in particular, the World Health Organization (WHO), the United Nations Population Fund (UNFPA). The attention is focused on the provisions of the national legislation of Ukraine, in particular, the Law of Ukraine on Ensuring Equal Rights and Opportunities for Women and Men. The author characterizes common forms of gender discrimination (sexism, sexual harassment and assault, cyberviolence against women and girls, etc.) It is emphasized that in the science of international law the issue of theoretical definition of the concept of “gender” has not been studied at the doctrinal level.
In writing this article, the author applied the systematic method to analyze the genesis and further evolution of gender equality norms; the formal-logical method was used to analyze the legal framework in the field of gender equality; the axiological method was used to characterize the widespread forms of gender discrimination.
It is noted that gender equality is a cross­cutting idea of fundamental human rights. The equal right of men and women to enjoy all human rights is one of the fundamental principles recognized by international law and enshrined in the main international human rights treaties. It was councluded that the development of a universal concept of the term “gender” at the international level will contribute to an increase in the level of human rights protection. It is stated that gender inequality is not a women’s problem. Explicit or implicit prejudice, barriers to education and employment, as well as pay gaps, harm communities and hold back economies. Gender mainstreaming ensures higher quality program development and legislative work and greater significance to society, as it allows policy to respond more effectively to the needs of all citizens -women and men, girls and boys.
Peculiarities of formation of legal awareness of students of higher education institutions: realities of today
Authors: Ratushna O.M.
Published: December 2024

The article is devoted to the peculiarities of the formation of legal awareness of students of higher education institutions in the context of the challenges and realities of the military present, which is an important task for the full development of civil society and the rule of law.
It is emphasized that institutions of higher education, within the educational space, need to pay attention to the formation and development of valuable legal attitudes of students, legal culture and legal awareness. It is necessary to form a personality with legitimate beliefs, respect for the law, national symbols, human dignity and human rights and freedoms on the basis of a defined national policy, in particular, in the educational space and directly in institutions of higher education.
It was found that the awareness of the peculiarities of behavior, permissible or not permissible self-realization in society and perception of the rules and norms of social interaction between people in the state depends on the internal beliefs and legal awareness of the person.
It is emphasized that students of higher education institutions acquire certain professional competencies during their studies, and also continue the process of their own socialization. This process directly depends on the environment in which a person is formed, what values he develops under the influence of the environment.
It is noted that it is advisable to create legal advisory centers in institutions of higher education, which, in addition to free legal assistance, will provide consultations and explain to students the norms of current legislation, introduce them to the peculiarities of legal systems, and encourage students to understand the role and importance of law for society.
Attention is focused on the fact that value attitudes and orientations formed at a young age will become the basis for the lawful behavior of a person and will allow to realize the value of the rights, freedoms of a person and a citizen, human dignity and a person, in general. This will be a guarantee that such a person in the future will be able to form a democratic society and a legal state based on general civilizational norms and principles of human coexistence.
Moral and ethical aspects in the professional activity of a judge
Authors: Romanova A.S.
Published: December 2024

The article is devoted to the understanding of moral and ethical aspects in the professional activity of a judge, which are formed on the basis of the principles of integrity, impartiality, conscientious performance of professional duties and are the standards that form the basis of public trust in the judiciary and confidence in the proper protection of human rights and freedoms and a citizen.
It is emphasized that the judge’s observance of moral and ethical standards in judging and everyday personal life is a guarantee of the formation of the authority of the judiciary, the trust of citizens in the judiciary, as well as faith in a fair court, which is an important component in the process of the establishment and development of a rule of law and a democratic society.
It is noted that Ukraine continues to implement reforms of the judicial system, initiated before the full-scale invasion of Russia, focusing on the principles of respect for human dignity, integrity, impartiality, honesty, honor, dignity and professionalism of judges. Also, this approach will contribute to Ukraine’s full and comprehensive fulfillment of the requirements for European integration processes.
Attention is focused on the importance of compliance with a number of normative legal acts: the Bangalore principles of the conduct of judges, the Model Code of Professional Conduct, the Code of Judicial Ethics, which confirm that the scope of moral and ethical norms covers the social and legal space, being specified through basic norms and principles in various aspects law enforcement and law enforcement activities.
It is noted that when administering justice on behalf of Ukraine, the judge must first of all be aware that his violation of moral and ethical norms negatively affects not only his authority as a judge, but also forms a negative perception of the judiciary in the state, and therefore, raises doubts about the extent to which the state meets international requirements for the administration of justice, as far as it is legal, etc.
It is emphasized that ensuring the right of every person to judicial protection based on the establishment of the principle of the rule of law, as well as the administration of justice on behalf of the state of Ukraine on the basis of the Constitution and laws of Ukraine set high requirements for the moral qualities of a judge.