bluuebunny/crossref_metadata_2025 huggingface dataset:
Legal remedies against amber abuse: problems of implementation and optimization
Authors: Movchan R.A. , Dudorov О.О.
Published: October 2024

The article is devoted to the coverage of certain problems related to the use of criminal legal means against persons who commit the crimes provided for in Art. 2401 of the Criminal Code of Ukraine illegal extraction, sale, acquisition, transfer, forwarding, transportation, processing of amber, and with the improvement of such means. Emphasis is placed on the study of relevant judicial practice.
The provision on the need to differentiate criminal responsibility for illegal actions with amber depending on group forms of complicity is argued. It is proved that the proposed improvement of Art. 2401 of the Criminal Code of Ukraine will be consistent with the requirements established in jurisprudence for the construction of qualified compositions of criminal offenses.
The theoretical position is supported, according to which, if the relevant composition of the criminal offense does not include such features as its commission by a group of persons and an organized group, then the qualification of the offense committed by the organizer and members of the group should be carried out with a reference in the qualification formula to part 2 or part 3 st. 28 of the Criminal Code of Ukraine with the inclusion in the legal wording of the indictment of the characteristics «committed by a prior conspiracy by a group» or «committed by an organized group.»
Based on the study of judicial practice materials, it has been established that the exemption of persons who commit the analyzed crime from serving a sentence is widespread (Article 75 of the Criminal Code of Ukraine), and the imperfection of the sanctions of Article 2401 of the Criminal Code of Ukraine, considerations were expressed regarding their optimization, namely the consolidation in Part 1 of Art. 2401 of the Criminal Code of Ukraine provides for a fine as the non-alternative main punishment, and in Part 2 and Part 3 of this article - alternative punishments in the form of a fine and imprisonment for a certain period.
The imperfection of judicial practice related to ensuring the individualization of criminal responsibility for «amber» torts has been demonstrated - the imposition of a fine as the main type of punishment in the minimum amount and failure to take into account the role, nature and degree of participation of each of the accomplices in the commission of a criminal offense.
Regulatory and legal component of administrative regulation of probation
Authors: Tkachenko О. , Olefir L. , Dudka N.
Published: October 2024

The article examines the normative-legal component of the administrative regulation of probation.Itwasdeterminedthattheadministrative and legal regulation of probation is a set of legal norms and mechanisms that determine the order of organization and implementation of probation measures in the state, the competence of state bodies, their duties and rights regarding control over the implementation of probation measures and interaction in this area with the courts , law enforcement agencies and social services. It is noted that probation is a system of supervision, control and social-educational measures applied by court decision to offenders instead of imprisonment or as a substitute for punishment, includes individual supervision, assistance in resocialization and measures aimed at preventing repeated crimes and ensuring safety society, while integrating the offender into social life without isolation. It is emphasized that the NPA system of administrative and legal regulation of probation includes international legal standards, national NPAs, including Acts of central executive bodies, local normative acts, agreements, methodological recommendations, etc., the norms of which are aimed at the development of alternative punishments, provision of rehabilitation and social support of offenders, regulation of the organization and implementation of probation in Ukraine, determine the legal basis for the activity of probation authorities, and also establish the procedure for providing probation services for persons who have committed a criminal offense. It was determined that the shortcomings of the administrative and legal regulation of probation are: the imperfection of the legislative framework, violation of the probation procedure, clear criteria for assessing the convicted person and the system for assessing the risks of recidivism, the mismatch of resources and the burden on the system, the low level of coordination between subjects of probation, the prevalence of ineffective methods of psychological works; society is not aware of the purpose and mechanism of probation, etc. It has been stated that the prospects for improving the normative-legal basis of the administrative-legal regulation of probation in Ukraine are: harmonization of legislation with international standards, institutional strengthening of the probation system, expansion of various approaches to probation, improvement of mechanisms for rehabilitation and support of offenders, involvement of public organizations, development of electronic monitoring systems , expanding educational programs for probation officers, increasing funding, research and analysis of probation effectiveness, etc.
Using of secret cooperation in combating corruption crimes: problematic issues of court practice
Authors: Vovchok R.Yu.
Published: October 2024

It is indicated that, during the investigation of corruption crimes, there is usually a need to conduct covert investigative (investigative) actions in view of the specifics of corruption criminal offenses, a significant level of their latency, committed in the context of a conspiracy, as well as the status of the subjects of these crimes, who in certain cases are aware with the methods of work of law enforcement agencies.
The article examines the problematic issues of judicial practice of using secret cooperation in criminal proceedings regarding corruption crimes.
It has been established that law enforcement officials, when engaging in confidential cooperation in criminal proceedings regarding corruption crimes, face difficulties related to: 1) risks of disclosing information about persons who carry out tacit cooperation; 2) risks of provocation to commit a corruption crime; 3) procedural registration of a person’s consent to be involved in tacit cooperation in conducting NSRD and the decision of the authorized body.
These problematic issues are solved in different ways in operational, investigative and judicial practice and indicate that there are still challenges in combating corruption crimes that require the efforts of both law enforcement agencies and scientists aimed at solving them.
It is extremely important to prevent the provocation of a criminal offense by a person involved in confidential cooperation when countering corruption crimes using the institution of tacit cooperation.
Despite the fact that there are grounds for not recognizing the obligation of a person’s written consent to involve him in confidential cooperation and conducting NSRD in criminal proceedings regarding corruption crimes, the presence of such consent can still serve as a certain argument in favor of the absence of provocation on the part of the person involved in confidential cooperation and recognition of evidence as admissible.
Organization and implementation of judicial control at the stage of pre-trial investigation in foreign countries
Authors: Holovko B.
Published: October 2024

The scientific article examines the peculiarities of the organization and conduct of judicial control of the preliminary investigation in European countries. It was determined that judicial control in historical retrospect dates back to the Middle Ages, so it has a long practical experience of application. It has been established that in the national legal systems of European countries, judicial control is organized differently, therefore the scientific literature confirms the existence of two types of models of judicial control depending on the purpose of judicial control in a criminal process.
The first type of models is characterized by the presence of investigative functions and powers in the field of investigative actions for the representatives of the judiciary, who are authorized to exercise judicial control over the pre-trial investigation. The second type of models of judicial control in European countries is organized in such a way that representatives of the judiciary in pre-trial investigation are empowered with powers that are limited to resolving issues related to monitoring the observance of the rights and freedoms of the participants in the pre-trial investigation, without decisive influence on the course of the pre-trial investigation.
The peculiarities of the specialization of entities that perform the functions of judicial control were analyzed and it was determined that they are divided into judicial bodies that are not separated from general courts (they lack specialization); judicial bodies in which there are separate positions of investigative judges in general courts; specialized judicial bodies.
The advantages and disadvantages of the models of the first and second type of organization of judicial control over pre-trial investigation in Europeancountriesareestablished. Theadvantages of the first-type models are the cost-effectiveness of the organization of judicial control, the second- type models are characterized by a higher degree of quality protection of the rights and freedoms of a person in pre-trial investigation due to the exclusive specialization of representatives of the judiciary. It was determined that the peculiarities of legal regulation of judicial control over pre-trial investigation in Ukraine allow us to conclude that it belongs to the second type of models. Depending on the degree of specialization, the Ukrainian model of judicial control provides for the position of an investigative judge in the system of courts of general jurisdiction.
Justice as a means of ensuring of the rule of law principle implementation
Authors: Zozulya E.
Published: October 2024

The article examines the factors that determine the content and essential aspect of justice epistemology results. It was noted that in the conditions of globalization and integration processes, there is a necessity to create an effective justice system that would guarantee compliance with human rights and freedoms, ensure justice and legitimacy of state power. Justice itself acts as a key tool for the rule of law principle implementing, as it is designed to ensure the equality of all before the law, the independence of the judiciary and effective protection of rights and legitimate interests.
The key historical, political, economic and European integration factors determining the state of the epistemology of the judicial system in Ukraine have been established and characterized. Attention is focused on the consequences of the soviet past, including distrust of the judicial system and a low legal culture.
The influence of political factors is considered and relevant examples are given; the consequences of these factors for justice are indicated. Economic factors increasing corruption risks are analyzed. The importance of European integration processes in reforming the judicial power is covered separately.
Attention is focused on the importance of the independence of courts, access to justice and the quality of court decisions as key elements of implementing the rule of law principle. The role of justice in the legal culture formation and equality before the law ensuring is also considered.
Provisions reflecting the role of justice in ensuring the rule of law are indicated: protection of human rights and freedoms; ensuring equality of all before the law; interpretation and application of the law; control over the legality of state authorities’ activity; formation of legal culture.
It is summarized that justice plays a central role in ensuring the implementation of the principle of the rule of law by ensuring the independence of courts, access to justice for all citizens, high quality of court decisions and their effective implementation. All these elements are an integral part of a law-based state, where the rule of law is the basic principle of society and the state functioning.
The minimum number of points and the calculation period of accrual as elements of the mechanism for improving the qualifications of lawyers
Authors: Zaborovskyy V.V. , Replyuk N.M.
Published: October 2024

It is indicated that the defining elements of the lawyer’s legal status are his professional rights, duties, guarantees and responsibilities. Improving the qualifications of a lawyer is one of his fundamental professional duties (paragraph 4, part 1, article 21 of the Law of Ukraine «On Advocacy and Advocacy»).
This article reveals the essence of the mechanism of the lawyer’s implementation of his professional duty to improve his qualifications, primarily through the prism of the need for him to obtain the appropriate number of points during the specified calculation period of their accrual. Attention is drawn to the dilatability of the issue not only regarding the total minimum number of points that a lawyer must receive, as well as the calculation period for their accrual, but also regarding the expediency of the existence of an institute for improving the qualifications of lawyers in general.
In the framework of this article, the normative consolidation of the procedure for implementing the lawyer’s obligation to improve his qualifications in the context of the calculation of the appropriate number of points during a certain calculation period in accordance with national legislation, as well as the experience of foreign countries in determining the mechanism for improving the qualifications of lawyers, was also investigated.
It is concluded that foreign countries use different positions regarding the definition of the mechanism for improving the qualifications of lawyers. Thus, a number of countries adhere to the need to use a calculation period of one year, fixing at the same time a different minimum number of credit points (hours, credits) that a lawyer must receive. Countries that not only set the minimum required number of points (hours) for a lawyer in one year, but also set a longer calculation period in general (three or five years) take a slightly different position.
It is concluded that the provisions of national legislation regarding the minimum number of points (10 hours) that a lawyer must obtain within one year generally correspond to the law-making practice of European countries (the average duration of training of European professional judges and practicing lawyers is approximately 14 hours/points/credits per year).
The system of international legal norms and principles – the basis of legal regulation of the activities of national law enforcement bodies
Authors: Havrylenko V.V.
Published: October 2024

It is indicated that the introduction of advanced international and European norms regarding the functioning of law enforcement agencies into Ukrainian legislation is a key indicator that the country not only declares a sustainable course for the democratization of all aspects of public life, but also takes concrete measures for its implementation. Ukraine has made significant progress in this direction, but there are still a number of challenges, the legal analysis of which will contribute to the further approximation of the domestic system of law enforcement agencies to global and European standards.
In this context, one of the priority areas of scientific research is the justification of the need to update and improve the ethical codes of conduct of law enforcement officers based on international standards. This task becomes particularly relevant in view of the need for constant improvement of professional ethics and standards of behavior in the law enforcement sphere.
This approach will not only improve the efficiency of law enforcement agencies, but also strengthen public trust in them, which is crucial for building the rule of law and civil society. In addition, it will allow Ukraine to demonstrate its commitment to the principles of the rule of law and the protection of human rights in the international arena.
The article examines the system of international legal norms and principles that form the basis of legal regulation of the activities of national law enforcement agencies. Two groups of international standards are distinguished. The first group includes international legal acts that declare human rights and freedoms, primarily those that may be violated by the unethical behavior of law enforcement officers as representatives of state bodies. The second group represents international legal standards of professional and ethical behavior of employees of a specific law enforcement agency, the norms of which directly indicate the proper behavior of law enforcement officers in a specific area of law enforcement activity (judicial, prosecutorial, police, investigative, etc.).
The main emphasis is on the need to cover the rules of professional ethical behavior of employees of all law enforcement agencies without exception, including those legally endowed with special rights and competence.
Environmental challenges and economic cooperation between Ukraine and the EU: prospects for sustainable development
Authors: Kononenko V. , Chernetska О. , Fokin Y.
Published: October 2024

The article is dedicated to analyzing the cooperation between Ukraine and the European Union, which began with the signing of the Partnership and Cooperation Agreement in 1994 and reached a new level after the signing of the Association Agreement in 2014. The focus is on the impact of this agreement on Ukraine’s domestic and foreign policies, particularly in the context of sustainable development and ensuring environmental security.
The article examines the role of international agreements in regulating Ukraine’s environmental policy, particularly the principles of preventive measures and the use of natural resources within the framework of sustainable development. Despite the formal incorporation of relevant provisions in international treaties, the real situation regarding environmental security remains challenging due to the conflict between the economic interests of developed countries and transnational corporations and the demands of environmental protection.
The article separately addresses the influence of international law on the development of Ukraine’s energy policy and its integration into the pan-European energy space. The importance of transitioning to renewable energy sources and the role of the European Union in financing and supporting such projects are analyzed. It is noted that sustainable development and environmental protection should become priorities within the framework of Ukraine’s energy security policy.
The article also outlines the main challenges Ukraine faces in the context of international environmental security, particularly the insufficient effectiveness of international organizations in recognizing and counteracting environmental crimes. Despite this, the importance of cooperation with the EU to achieve a stable deceleration of environmental degradation is emphasized.
Interaction of International Humanitarian Law and International Human Rights Law in the context of armed conflicts
Authors: Pashynna L.V.
Published: October 2024

It is indicated that the problems of the interaction of international humanitarian law and international human rights law lie in the different historical origins, evolution and application of these two branches of law. The complexity of the interaction between the IHL and the ICRC lies in their extraterritorial action and different personal spheres of application. IHL undeniably applies to international and non-international armed conflicts, regulating the conduct of states and armed groups, while the IHL is recognized as the basis of law in peacetime, but also applies in periods of conflict.
Finding the points of intersection between international human rights law (IHRL) and international humanitarian law (IHL) in the context of armed conflicts is the main objective of this section. The merger of these two legal fields, traditionally divided into separate areas of responsibility in peacetime and wartime, has gained unprecedented importance in the legal analysis of modern conflicts. The impetus for the development of the new paradigm was the rapid evolution of the nature of war, characterized by the emergence of asymmetric warfare and the blurring of the boundaries between state and non­state actors. Such transformations in the theater of war require a nuanced understanding of the legal instruments used in this context, which emphasizes the need for this analysis.
The urgency of the issue is emphasized by the changing dynamics of international practice. The recognition by the International Court of Justice of the continued applicability of IHRL in conflict and the definition of IHL as lex specialis emphasizes that the legal landscape is in constant flux.
At the heart of this analysis is the difficulty of determining the applicability of IHL, a task that is complicated by the problems of classifying conflicts as international or non-international. The principle of derogation - whereby states may temporarily suspend certain human rights obligations - creates an additional layer of complexity, affecting the interpretation and application of laws during armed conflict. Many provisions of international human rights conventions define the protected interest and then provide that any restrictions must be justified by reference to a list of aims, which varies from article to article and treaty to treaty, that are necessary for the achievement of the aim in question and are proportionate to its achievement. In this way, the IHRL provides a mechanism for balancing the requirements of individuals with those of others or the community itself.
Legitimate self-affirmation of a person in society
Authors: Koval I.M.
Published: October 2024

It was found that a number of objective and subjective factors influence the choice of value guidelines and the formation of individual legal value attitudes. The formation of a legal vector of human behavior in the modern legal space requires the development of personal qualities of a person through legal education, the development of value-based legal orientations, legal culture, and legal awareness.
It is emphasized that a person’s legal awareness, as a set of ideas and perceptions of a person about positive law, must be formed on the principle of interconnection and complementarity of natural and positive law. In a legal state and a democratic society, a person should feel this interaction in the dominance of universal values and principles originating from the norms of natural law, as well as anthropocentrism in the norms of positive law. The formation of the legal culture of an individual through awareness of the purpose of law, its content, and basic ideas is a guarantee of respect for law and human rights and contributes to the formation of a valuable legal worldview and understanding of the principles of functioning of a civilized society.
It is noted that today the state must take care that citizens have the proper level of legal culture and legal awareness, and also, it is important that this process is not ideological, but on the contrary, that a person feels that no one imposes any social models on him and ideals, except that legitimate self-assertion is encouraged.
Attention is focused on the fact that the legitimate self-assertion of a person in society is the basis of his harmonious existence in the natural-legal field of the state within the natural­legal space and continues throughout life on the basis of learning the norms of social morality, universal ideals, awareness of the value and purpose of law and unconditionality in observance of basic human rights.
The formation of a legitimate vector of individual development involves the interaction of the main social institutions for the development of legal culture, legal awareness and legitimate social attitudes, which will contribute to reducing the manifestations of illegal human behavior.
The procedure for selecting declarations for NACP’s full audit: novelties and challenges
Authors: Pashynskyi A.P.
Published: October 2024

Every year, from 600 to 900 thousand declarations are submitted to the Unified State Register of Declarations of Persons Authorized to Perform State or Local Governance Functions. Meanwhile, only 27 employees of the National Agency on Corruption Prevention (NACP) are responsible for conduction the full audit of these declarations. In such circumstances, the question of methodology under which the NACP selects declarations for full audit comes to the fore.
Prior to the full-scale invasion on Ukrainian territory, national legislation had several provisions that defined the procedure for selecting declarations for full audit. The selection system in place at the time resulted in most full audits being conducted only on a very limited number of top officials.
During martial law, in September 2023 - June 2024 the system of selecting declarations for full audit was significantly changed. Inter alia, the NACP adopted three new Procedures to regulate these issues. According to the updated regulations, all submitted declarations undergo a computerized risk assessment, after which declarations with the lowest risk are sent for automated audit, and the declarations with the highest risk are selected for full audit according to four levels of priority.
While the new system of selection is certainly a significant step forward, it is not without drawbacks. Firstly, it involves unreasonable concealment of the rules of logical and arithmetic control (LAC) from the public, i.e. the criteria by which the NACP calculates the risk rating of each submitted declaration. Secondly, the institution of automated audit introduced in November 2023 is currently of low practical value and in some cases may even hinder the effective selection of declarations for full audit. To address these shortcomings, the NACP is recommended to make the LAC rules publicly available and provide an opportunity for their public discussion, as well as to abandon the mechanism of automated audit in the form in which it currently exists.
Legislative regulation of relations social dialogue
Authors: Dosin B.V.
Published: October 2024

The article analyses the Laws of Ukraine in the field of social dialogue relations and explores ways to harmonize and/or improve their provisions, which would enhance the guarantees of interaction and mutual understanding between the parties involved in such dialogue. The main provisions regarding social dialogue, particularly those concerning the resolution of collective labour disputes and labour mediation, should be enshrined in the fundamental regulatory act in the field of labour relations - the Labour Code of Ukraine (or a codified act that may replace it). The article provides a characterization of the Laws of Ukraine that are interconnected with the Law of Ukraine «On Social Dialogue in Ukraine» on issues concerning the subjects of such legal relations, including those that define the participation of executive authorities and local self-government bodies in social dialogue relations, as well as relevant draft laws. It also presents the provisions of the Law of Ukraine «On Trade Unions, Their Rights and Guarantees of Activity» that require harmonization with the fundamental regulatory act on social dialogue, as they limit its scope concerning the participation of trade unions/ their associations in social dialogue relations. It is proposed to address the identified inconsistencies by aligning them with the fundamental legislation on social dialogue. Attention is drawn to the contentious status of local self-government bodies as subjects of social dialogue due to the combination of partnership and accountability. It is noted that the Law of Ukraine «On the Procedure for Resolving Collective Labour Disputes» regulates the stages of resolving collective labour disputes, one of which is conciliation procedures. This procedure corresponds to the forms of social dialogue defined in the Law of Ukraine «On Social Dialogue in Ukraine». Therefore, there is a need to substantively synchronize the legislative rules of conciliation procedures during the resolution of collective labour disputes with the norms of legislation on social dialogue. Arguments are presented that labour mediation is one form of social dialogue: 1) it involves the interaction of parties in an out-of-court, structured procedure aimed at preventing conflicts, conducted through negotiations; 2) the scope of the Law of Ukraine «On Mediation» includes relations related to conducting mediation to prevent potential conflicts (disputes) or to resolve any existing conflicts (disputes), including labour disputes. It is concluded that the Law of Ukraine «On Social Dialogue in Ukraine» should be harmonized with the Law of Ukraine «On Mediation» regarding the definition of forms of social dialogue.
Reduction of the tax burden as a mechanism for stimulating business development in rural areas
Authors: Dudash M.
Published: October 2024

The article is devoted to the study of both theoretical aspects of tax stimulation of the development of entrepreneurship in rural areas, as well as the preferential norms for taxation of enterprises that carry out their economic activities in rural areas, provided for in the current legislation of Ukraine, as one of the effective ways of stimulating their development. The relevance of this issue, especially in the conditions of the full-scale armed aggression of the Russian Federation against Ukraine, is confirmed both in scientific circles and by the survey of business representatives, including micro, small and medium-sized enterprises, conducted after the start of the full-scale invasion.
The norms of the current legislation of Ukraine on such main directions of tax stimulation of the development of enterprises in rural areas, which were characteristic of the domestic legislation in different periods of its development, were separately studied, such as: write-off and restructuring of tax debt; reduction of the taxation rate by separate taxes; exemption from payment of certain types of taxes and fees (mandatory payments), introduction of special taxation regimes. On the basis of the conducted research, the advantages and disadvantages of each of these mechanisms of tax incentives were analyzed.
It was revealed that, as of today, one of the main preferential tax regimes inherent in enterprises carrying out their economic activities in rural areas is a simplified system of taxation, accounting and reporting. Taking this into account, and in the context of government initiatives to impose an additional fiscal burden in the form of a military levy, in particular, on taxpayers of the third group of single taxes, a proposal is made to balance such a burden at least for a part of taxpayers who carry out their activities in the least favorable rural areas, including the territories affected by the consequences of the armed aggression of the Russian Federation against Ukraine, by reducing the taxation rate with a single tax to 2 percent for the period of martial law and for several years after its termination.
Peculiarities of the criminalization of smuggling of goods and its importance for filling the state budget
Authors: Korneva T. , Rohozinnikova K.
Published: October 2024

Smuggling of goods is a complex and multifaceted phenomenon that has a significant impact on the economic and social situation in the country. The illegal movement of goods across the border not only undermines economic stability, but also poses a threat to national security, contributing to the development of the shadow economy and corruption. In the conditions of globalization and the growing integration of international markets, the issue of combating smuggling becomes especially urgent, because this phenomenon is becoming more and more large-scale and difficult for state control.
Criminalization of the smuggling of goods is a key mechanism for countering this negative phenomenon, which involves the establishment of stricter liability for violations of customs rules. It should be noted that the effectiveness of the criminalization of customs offenses depends on a number of factors, including the presence of effective legislation capable of adequately responding to new challenges, the effectiveness of law enforcement agencies, as well as the level of international cooperation in this area, etc. However, given the specifics of the Ukrainian economy and the country’s geopolitical location, the smuggling of goods remains a serious problem that requires a deeper analysis and an effective solution.
One of the key aspects of the fight against the smuggling of goods, which became one of the main reasons for its criminalization, is its impact on filling the state budget. Illegal trade in goods deprives the state of significant financial revenues that could be directed to the development of social programs, infrastructure projects and ensuring economic growth. The loss of these resources weakens the country’s economic potential, undermines trust in state institutions, and contributes to growing social tensions.
The article examines the impact of smuggling on the state’s economy, emphasizing the negative consequences for filling the state budget. Examples of significant economic losses incurred by the state due to smuggling are considered, as well as the role of customs authorities in combating this phenomenon is highlighted. A set of measures is proposed to reduce the level of smuggling, including changes to legislation, increasing the effectiveness of customs control and strengthening international cooperation.
Removing the arrests unlawfully seized by the state or private enforcement officer on the vehicle that belongs to one who is not a debtor under enforcement proceedings
Authors: Marinich V. , Myklush M.
Published: October 2024

To date, there is a legal problem in Ukraine, which is the result of a large number of illegal actions of state and private enforcement agents related to the seizure ofa vehicle that once belonged to the debtor in enforcement proceedings, but which at the time of the enforcement proceedings commencement or the imposition of the relevant arrest is the ownership of another person who is not a debtor under enforcement proceedings.
Illegal actions of law-enforcement officers and the imperfection of the legislation of Ukraine violate the property rights of bona fide purchasers, do not allow them to take actions regarding the registration of the vehicle in the bodies of the Ministry of Internal Affairs of Ukraine, and force them to go to court to protect their rights. However, it should be noted that in most cases, legal ignorance and imperfect justification of the legal position become the basis for refusing to grant such a claim.
In this regard, this article presents the results of a scientific and legal study of the issue, identifies the gaps in the legislation of Ukraine that led to this problem, and also provides recommendations for lawmakers to perform changes to the legislation of Ukraine that could address the issue.
Additionally, the article provides legal conclusions on determining the ownership of a vehicle (in particular, the moment of transfer of ownership from the seller to the buyer), taking into account the peculiarities of vehicle registration in the bodies of the Ministry of Internal Affairs of Ukraine, as well as on determining the legal status of such a vehicle registration procedure means and determination of the legal status of the actions of state and private enforcement officers regarding the seizure of the transport property of a person who is not a debtor in enforcement proceedings.
In addition, the paper provides legal conclusions regarding the existing options for applying to the courts with requests to remove the wrongful seizure from the vehicle.
Customs competencies in ukraine: embracing innovation for enhanced efficiency
Authors: Nazarko A.
Published: October 2024

This article provides a comprehensive analysis of the concept and features of the competencies of Ukrainian customs authorities considering ongoing innovations in the customs sector. As Ukraine follows its Euro-integration path, aimed at modernizing its economic infrastructure, addressing technological gaps, attracting foreign investments, and enhancing its international competitiveness, the role of customs authorities becomes vital in facilitating effective foreign economic activities.
The article underscores the critical need to update the competencies of customs authorities to meet global standards and incorporate advanced innovative technologies, as envisioned in Ukraine’s Innovation Development Strategy up to 2030. It explores the impact and relevance of innovations such as the ‘Smart Customs’ initiatives, ‘Single Window’ system, pre-arrival cargo information systems, radio-frequency identification, and blockchain technology in improving customs control, management, and interactions with external partners.
A major focus of the article is on the new competencies required by customs authorities to successfully implement these innovations. It highlights the importance of developing digital, intellectual, partnership, and security skills. Furthermore, the article examines the effects of economic and political instability, particularly the ongoing conflict in Ukraine, on the innovation processes within customs operations. It identifies significant challenges such as the difficulties in exporting high-tech goods, offering incentives for the import of innovative equipment, and the application of non-tariff regulatory measures, including certification, quotas, and licensing.
The article provides detailed recommendations for enhancing the organizational structures of customs authorities and calls for updating the legal and regulatory framework to align with current demands and standards. It advocates for the creation of a modern, intelligent customs system that can rapidly and effectively adapt to changes using state-of-the-art digital technologies and security methods. Emphasis is placed on the necessity of enhancing the qualifications of customs professionals, which is deemed essential for the successful integration of innovations in customs control.
Trend to Simplify the Procedural Form Judgments in Criminal Proceedings
Authors: Konstantinov V.V. , Konstantinova V.A.
Published: October 2024

The article is devoted to one of the modern trends in the development of criminal justice - simplification of the procedure for making and announcing court decisions. This vector of development of domestic justice is outlined in the Resolution of the X All-Russian Congress of Judges. Purpose. The purpose of the article is to study the positive manifestations, as well as possible negative consequences of the indicated trend and ways to overcome them. Methodology. The conclusions and recommendations contained in the work are based on the complex application of methods of analysis and synthesis, comparative legal, formal legal, system-structural and concrete sociological methods. Results. The paper identifies a positive manifestation of the simplification trend - the possibility of announcing the introductory and operative parts of court decisions. At the same time, it is noted that the accelerated procedures of judicial proceedings, the reduction of the descriptive and motivational part of court decisions do not fully ensure the achievement of the purpose of criminal proceedings, and therefore need to be improved. Conclusion. The goal set in the work has been achieved, the problems of simplifying the procedural form of judicial decisions in criminal cases have been studied. Proposals for improving legislation are formulated. The obtained results can be used for further research of the indicated trend.
New in the Legal Regulation of Real Estate Transactions (Based on the Results of the Round Table)
Authors: Nevzgodina E.L. , Филиппова O.S.
Published: October 2024

The legislation regulating the turnover of real estate and the state registration of both the real estate itself and its turnover is undergoing constant changes. The introduction of technological techniques and tools in real estate transactions and mortgage banking continues, which also requires legal qualification and systematization. Under these conditions, the verification of the validity and legality of real estate transactions and the authority to commit them, carried out in full with their notarization, continues to be important for all participants in these relations. Results. As a result of the discussion of the amendments introduced by the legislator, the norms on restricting access to real estate information, on the possibility of submitting some applications without an enhanced electronic digital signature, on expanding the functions of the cadastral engineer's personal account, on further total transition to the electronic form of document management and other changes. Conclusion. This article is of interest to the scientific community and practicing lawyers, since it forms and systematizes the theoretical basis for further research on the problems of legal regulation of real estate transactions, and also identifies the main risks that turnover participants may face in the conditions of amended legislation.
On the Question of the Relationship between the Concepts of “Holding”, “Group of Persons” and “Financial and Industrial Group”
Authors: Filippova O.S. , Nevzgodina E.L.
Published: October 2024

There is no general definition of the concept of “holding” in Russian legislation. There is no federal law that would regulate the activities of holdings, groups of individuals and financial and industrial groups. Purpose. The authors' aim is to analyze the existing forms of participation of organizations in business associations. Distinguish between the concepts of “holding”, “group of persons” and “financial and industrial group”. Methodology. As the methodological basis of the research, the general principles of scientific cognition (comprehensiveness, consistency, objectivity, methodological pluralism), the general philosophical method (dialectical), general scientific methods of cognition (comparison, ascent from the abstract to the particular), general logical methods (analysis, synthesis, induction, deduction, generalization, classification, abstraction), specially-legal methods (formal legal, method of interpretation of legal norms, dogmatic). Results. As a result of the conducted research, various forms of business associations were analyzed, it was revealed that a financial and industrial group is a private manifestation of a holding, and a holding is a private manifestation of a group of persons. It is noted that the adoption of the federal law “On Holdings” would allow for a clearer delineation of the analyzed concepts, which would contribute to the improvement of legislation in the field of legal relations under study. Conclusion. This article is of interest to the scientific community because it forms and systematizes the theoretical basis for further research on the problems of various forms of business associations.
Corruption in the Estimates of the Population
Authors: Kleymenov M.P.
Published: October 2024

Corruption is often called a disease of power. However, the disease can be mild and very severe: from a runny nose to inoperable oncology. First of all, citizens can help to make an objective diagnosis, and not biased experts or representatives of servile departmental science. A typical example here is the activity of Transparency International (TI), the politicization of the assessments of which on the scale of the Corruption Perception Index does not cause any doubt. Purpose. To establish the importance of corruption in Russia for the lives of its ordinary citizens. Methodology. The methods of online survey (715 Siberian residents were interviewed using two questionnaires), comparative sociology, forensic analytics and statistics were used. Results. Respondents recognize the most socially dangerous manifestations of corruption as corruption manifestations in the field of procurement of goods, works, services (kickbacks) and illegal participation of officials in business activities, the fight against which is practically not conducted. They assess the dynamics of corruption and the prospects for its eradication of corruption mainly negatively. Conclusion. The anti-corruption model in Russia is adequately interpreted in postmodern approaches. In the conditions of modern Russian capitalism, the real fight against corruption is by and large impossible, so it is replaced by the replication of simulacra simulating anti-corruption activities.
The intellectual origins of the “soft power” of the Russian Empire: publicistic activity of A.H. Kirkor
Authors: Zavyalova O.O.
Published: October 2024

After the suppression of the January Uprising of 1863-1864 in the highest power circles of the Russian Empire, a new strategy for stabilizing the socio-political situation in the North-Western Territory was taking shape, which manifested itself, on the one hand, in strengthening integration trends, and on the other, in interaction with the pro-Russian-oriented local public, the use of whose intellectual potential was necessary for development of an optimal political course towards the region. The publicist and writer A.H. Kirkor became one of those representatives of the regional public in the second half of the 19th century who were actively involved in the process of forming a positive symbolic capital of imperial principles in the North-Western Territory. With his active journalistic and scientific activities, he contributed to the development of the ideological and theoretical foundations of the “soft power” strategy of the Russian authorities, expressed in the formation of an attractive image of the Russian Empire, capable of attracting the sympathy of the population of the outskirts to the fundamental institutional and value imperial attitudes. The purpose of this study is to consider the ideological and theoretical foundations of the “soft power” strategy of the empire, specific non-conflict methods and practices of managing the North-Western Territory, which were proposed by A.H. Kirkor in the second half of the 1860s - early 1870s. It is concluded that on the pages of the “Novoe vremya” newspaper, Kirkor outlined those methods and basic ideological provisions, with the help of which, in his opinion, it was necessary to build a national policy in the Western Territory in order to implement the main ideological setting of the empire's “soft power” strategy, namely, to make sure that “all-Russian interests” are really dear to everyone who lives in this region. The publicist managed to outline the main non-conflict methods of influence aimed at forming a supra-confessional community of the “Russian people” among the indigenous population of the region and allowing de-Polonization, while acting gently and tactfully, attracting the local intellectual community to their side. Kirkor's views on the problem of managing the Western Territory became one of the theoretical foundations that were included in the intellectual basis of the “soft power” strategy of the empire, implemented by the Russian authorities in the educational, cultural, educational, scientific, intellectual, memorial and other areas in the 1880s - 1890s.