bluuebunny/crossref_metadata_2025_split huggingface dataset:
The concept of the «International Rule of Law»
Authors: Kolesnychenko N. O. , Krysiuk Yu. P. 
Published: February 2024

The article is devoted to the elucidation and exposition of the concept of the «international rule of law», the analysis of approaches to its definition and the formulation of its definition. It is emphasized that the international rule of law is among those concepts that have been consistently «hanging in the air» to some extent since the post-World War II period. It is noted that, unlike in the case of defining the «classic» (domestic) rule of law, there is a lack of consensus within the scientific community regarding the definition of the international rule of law. The trends on which a certain unanimity is forming within the scientific and scholarly community are identified. The limits of the influence of the domestic rule of law theory on the international rule of law theory are revealed.
The approaches to defining the concept of the international rule of law, as well as its «narrow» and «broad» meanings, are analyzed. It is stated that despite inconsistencies in the scientific doctrine, full adherence to the international rule of law is an «ideal,» and this «ideal» is associated with a human being, their rights, and freedoms. It has been proved that the narrow concept in the era of human rights law cannot be fully considered to be the «international rule of law», since human rights are an integral element of the latter. It is stated that contemporary theories of the rule of law and constitutionalism converge on the idea that human dignity, freedom, and human rights form the basis of all other obligations of the state. It is noted that the international analogue of the «rule of law, not individuals» would be the «rule of law, not states», which implies two aspects: it is not only about the impossibility for the hegemonic state to arbitrarily dictate its will to other states, but also the impossibility to dictate it to individuals.
The authors distinguish between the concepts of «international rule of law», «rule of international law», and «rule of law in international relations». The requirements of the international rule of law in the practice of international bodies are highlighted. Based on the analysis of scientific approaches and the practice of international bodies, the authors’ own definition of the «international rule of law» is provided as a civilization-wide conceptual tool that represents a set of values, doctrines, and principles, the main requirement of which is the restrictions arising from the dignity, freedoms, and fundamental rights of every individual, in order to delineate the limits of power of states concerning an individual - both at the level of relations between subjects of international law and at the level of relations between certain subjects of international law and certain individuals.
Grounds of Administrative Liability
Authors: Lototskyi M. M. 
Published: February 2024

The article is aimed at forming a doctrinal approach to understanding the grounds of administrative liability. It highlights the role of grounds of administrative liability in ensuring the effective functioning of administrative-offense law, reliable administrative-legal protection of public legal relations, and practical application of administrative penalties. The absence of legislative definition of the grounds of administrative liability is noted, as well as the lack of a coherent approach to their understanding in domestic administrative-legal doctrine.
The necessity of forming a unified concept of grounds of administrative liability is substantiated, based on the achievements of domestic jurisprudence and the objective gaps in jurisdictional practice. The particular importance of taking such a step in the context of reforming administrative-offense legislation and reconsidering traditional categories of administrative-offense law is emphasized.
The most common classifications of grounds of administrative liability in modern legal science are systematized. A comparative analysis of these grounds is conducted, revealing fundamental differences in various scientific views regarding their nature, essence, content, and list.
An authorial concept of grounds of administrative liability is formulated, within which it is proposed to differentiate such grounds: normative grounds – a set of material and procedural norms of administrative-offense law underlying the qualification of an administrative offense, conducting proceedings in the relevant administrative case, imposition and execution of administrative penalties, or other measures of administrative influence on the person guilty of committing an administrative offense, and so on; factual grounds – the commission of a specific administrative offense (misdemeanor) as a fact of objective reality, which determines the emergence of real administrative-offense relations; jurisdictional grounds – the issuance, concerning the person who committed the factual violation, of a decision on imposing administrative penalties or applying other measures of administrative influence.
Characteristics of the subject of official forgery: based on the analysis of law enforcement practice
Authors: Stepaniuk M. 
Published: February 2024

The article examines the views of various scholars on the definition of the subject of a criminal offense in general and the elements of forgery in particular. The author analyzes the report of the Prosecutor General’s Office of Ukraine for 2019-2022 on the commission of a criminal offense under Article 366 of the Criminal Code of Ukraine. The author examines, among other things, socio-demographic, socio­role, moral, psychological and criminal law features of the personality structure of a criminal committing forgery. An attempt is made to identify the main features inherent in the subject of this criminal offense. The main attention is paid to the construction of his criminological portrait and determination of the functional relevance of such information.
In the study of the characteristic features inherent in the subject of criminal forgery, an important place is given to the personality structure of the offender who commits this crime. This structure is a set of his/her socially significant qualities that have developed in the process of various interactions with other people. The analysis of the characteristic features of such a person also involves the maximum consideration of psychological characteristics and biologically determined qualities, which in turn determine human behavior, including criminal behavior. Therefore, it should be taken into account that these qualities have a significant impact on criminal behavior. Thus, the subject of forgery is characterized by a system of signs, properties, qualities that define him/her as a person who has committed a criminal offense.
The author provides a criminological and socio-psychological characterization of the subject of forgery, analyzes the demographic, moral and social characteristics of such a person, as well as his/ her anti-social criminal behavior, and provides a substantiation of the socio-psychological portrait of a criminal who commits a criminal offense under Article 366 of the Criminal Code of Ukraine. Such a person is also characterized by a certain system of moral and psychological beliefs, properties, attitudes, intellectual, emotional and volitional qualities. Given the above, the characterization of an official as part of this criminal offense has specific features that are determined by the peculiar official status of such a person and significantly distinguish it from the general characterization of the subject of the criminal offense.
The objective side of the composition of criminal offenses consisting in the forgery of documents
Authors: Yavorsky S.Y. 
Published: February 2024

Analyzing the system of criminal offenses that encroach on the document circulation and whose content is document forgery, we discovered 22 independent compositions of the corresponding offenses. They are contained in different Sections of the Special Part of the Criminal Code of Ukraine, and therefore have a different structure of the direct object of the offense, however, each of them, either as the main direct object or as an additional mandatory direct object, contains document circulation, since the essence of these criminal offenses is reduced to the point that as a result of their commission, in objective reality, an unauthentic, falsified document of a certain type appears. The analysis of the text of the Criminal Code of Ukraine made it possible to single out the specifics of the wording of the objective side of criminal offenses consisting of forgery of documents, and to conclude that despite the sufficiently broad terminological apparatus used by the legislator to define the act of forgery, issues with establishing the content of the used features remains more than the identified answers. The purpose of this article was to reveal the content of the signs of the objective side of the composition of criminal offenses, which consist in the forgery of documents, and to develop, on this basis, proposals for improving the normative provisions of the Criminal Code of Ukraine.
The conducted research made it possible to propose the following key positions. Pluralism in marking the act as a sign of the objective side of criminal offenses consisting of forgery of documents is a generally negative phenomenon and one that should be eliminated in the text of the current Criminal Code of Ukraine. With the small exception of specific types of forgery, the term “forgery” should be used as part of the relevant offenses. At the same time, the meaning of this concept should be understood as follows: forgery is a type (form) of deception, which consists in the complete or partial distortion of the content of a document, resulting in a document that does not accurately reflect reality. This understanding of forgery makes it possible to find additional arguments in favor of the statement that forgery of documents is also possible through inaction.
Rights of victims in criminal proceedings: challenges and state strategy for improving legal status
Authors: Akhtyrska N.M. 
Published: February 2024

The article is devoted to issues of procedural regulation of the rights of victims in criminal proceedings. Based on the generalization of UN data on the increase in the number of victims of murder, statistical data of the State Judicial Administration of Ukraine and the Office of the Prosecutor General, the relevance of legislative initiatives to improve the provision and realization of victims’ rights is substantiated. The directions of state policy regarding ensuring the safety of victims, preventing and countering torture are revealed. It emphasized the “lack of remedies for victims of criminal offenses involving torture, cruel, inhuman or degrading treatment or punishment.” Recommendations are given to eliminate these gaps by creating, taking into account international standards and the practice of the European Court, an effective system of rehabilitation, legal protection of victims of criminal offenses related to torture, cruel, inhuman or degrading treatment or punishment, including introduction of an effective mechanism for compensation for damage caused to such persons.
In the conditions of martial law, Ukraine concentrates its efforts on protecting the rights of victims, which requires coordination with the Rules and Procedures of Evidence and Evidence of the International Criminal Court. The full-scale invasion of the aggressor country created new challenges in the field of protection of the rights of victims in criminal proceedings. In order to implement new tasks, a Strategic Plan for the implementation of the powers of the prosecutor’s office in the field of criminal prosecution of international crimes for 2023-2025 was developed, approved by the Prosecutor General on September 15, 2023.
Improving the system of ensuring the rights of participants in criminal proceedings in accordance with international standards will significantly reduce the number of victims of torture, observing reasonable deadlines for the investigation of criminal proceedings will contribute to increasing the trust of victims in law enforcement agencies, preventing delays in the consideration of criminal proceedings by the court will ensure adequate terms of satisfaction (execution of the court decision in part compensation for physical, moral and material damage). A significant number of victims of war crimes should be aware of their rights in accordance with the procedure of trial by the International Criminal Court, for which it is advisable to make appropriate additions to Chapter 19 of the Criminal Procedure Code of Ukraine.
Specialized Prosecutor’s Office in the field of defense: legal status, role in the system of law enforcement agencies, functions and tasks under martial law
Authors: Zahorodniy Y.O. 
Published: February 2024

The full-scale invasion of the Russian Federation into the territory of Ukraine has directed the activities of state bodies towards defense and preservation of the integrity and sovereignty of the State. The main role in achieving this goal is played by the Armed Forces of Ukraine and other armed military formations, but due to the growth in the number of defense forces, the number of offenses has increased.
To combat such offenses, Ukraine established the Specialized Defense Prosecutor’s Office, the legal status, functions and role of which are not sufficiently studied in the scientific environment, since this body in its current form was established only in 2023.
The article, among other things, examines the retrospective of the formation and development of the military prosecutor’s office in Ukraine, and establishes the fact of continuous reform of the military prosecutor’s office, which over time has led to the leveling and devaluation of the role of military prosecutors in the law enforcement system of Ukraine. The article also substantiates the author’s opinion that the military justice system was unprepared to fulfill its tasks, especially in a full-scale war, and the civilian law enforcement system and civilian courts are not able to fully perform their functions, especially in the combat zone.
In the course of the work, the author emphasizes the need for a complete restoration of military justice and the difficulties of the work of the specialized prosecutor’s office in modern conditions.
In general, the article analyzes the issues of transformation of the military prosecution bodies in Ukraine as a component of the military justice system, examines the changes that have occurred in this structure since Ukraine gained independence, and identifies the problematic aspects and prospects for restoring an effective military justice system.
Based on the results of the article, the author analyzes the legal nature of the body and its formation in historical retrospect, which gave a clear understanding of the legal position of the Specialized Defense Prosecutor’s Office in the system of law enforcement agencies, identifies and studies the functions performed by the body, formulates a list of tasks for which this prosecutor’s office was established, and identifies the shortcomings which require improvement and legal regulation at the legislative level.
Modern directions of forensic examination and criminalistic
Authors: Yaremchuk V.O. 
Published: February 2024

In the conditions of war, investigators investigate hundreds of military criminal offenses. Foreign military assistance provided to Ukraine significantly improves and speeds up the investigation process.
Today, it is extremely necessary to invite foreign criminalistic and forensic experts to help domestic investigators, prosecutors, and forensic experts in disentangling military criminal offenses and conducting forensic examinations._Regarding the state of development, certain aspects of this topic were considered in the works of such scientists as H.K. Avdeeva, M.V. Kostenko, V. Yu. Shepitko and other scientists. The purpose of the article is to consider issues related to modern areas of forensic examination and forensic analysis in the conditions of the war in Ukraine._With the beginning of a full-scale war in Ukraine, law enforcement agencies were faced with the need to conduct hundreds of types of forensic examinations of objects that were subject to individual examinations in Ukraine until 2014.
Therefore, the help of foreign criminalistic, forensic medical experts during the investigation of military criminal offenses and conducting forensic examinations is important today. The burden on forensic experts has increased, related to conducting hundreds of DNA, weapons, etc. examinations. It is necessary to talk about the use of DNA laboratories. One of these was presented to the National Scientific Center of Forensic Examinations named after Honored Professor M.S. Bokarius in 2022. Thanks to it, forensic experts conducted hundreds of expert studies and identified the identities of the dead citizens. We should also use the innovative experience of our French colleagues, who created this DNA laboratory and have already provided two such laboratories for Ukrainian forensic experts. Another urgent problem is the interference of foreign campaigns in the activities of the domestic network of Stylnik communication. Large-scale cyberattacks on the Kyivstar network from the Russian side require investigators and prosecutors to use innovative developments in forensics and forensics. It is necessary for forensic experts to determine many circumstances and establish whether a cyber attack was carried out from the territory of the Russian Federation.
The Establishment of the Institute of the Advisory Bodies in the Judicial System of Ukraine: Historical Context
Authors: Borovska А. 
Published: February 2024

This article examines the historical context of the creation and development of advisory bodies in the judiciary system of Ukraine. The article reveals the evolution of the structure and functions of these advisory bodies, from the Revolution of Dignity to the present day, and analyzes the political, legal, and socio-cultural factors that influenced their formation. The author also discusses the issue of public participation in the formation of the judiciary and public control.
The article is based on an analysis of Ukrainian legislation, scientific works, sociological research, and practical experience of the functioning of advisory and consultative bodies of the judiciary. It was described the role and importance of advisory bodies that were created to assist in the formation and implementation of judicial reform and their contribution to increasing the effectiveness of the judicial system and strengthening democracy in Ukraine. It was also revealed the main reasons for the emergence of the Temporary Special Commission as the first manifestation of public involvement in reforming the justice system and explains the creation, functions, and powers of the Public Integrity Council.
The article also explains that the Ethics Council was created as an auxiliary body in the formation of the High Council of Justice not only to align Ukraine’s direction towards joining the European Union but also due to the total disagreement of society with the existing procedure for the judiciary to exercise its powers.
In conclusion, civil activism was the main prerequisite for the emergence of advisory bodies in the judicial system, with the main function of providing “public control” over the formation of the judiciary through the provision of conclusions on the compliance of candidates for positions and judges with ethical norms, integrity, etc.
The article’s insights can be useful for further research in the field of judicial reform, and for involving civil society in the process of forming a fair, honest, and accessible judicial system.
The significance of the implementation of the standards of the istanbul convention in the context of combating incidents of violence during the implementation of martial state in Ukraine
Authors: Hrychko V. , Kyrycuk B. 
Published: February 2024

The article examines the controversial issues that arise during the implementation of the Istanbul Convention’s mandatory norms in the field of combating domestic violence. The author proves the necessity of active application of the main provisions of the Convention in the context of martial law and the state of emergency.
It is established that by ratifying in 2022 one of the most important international legal acts in the field of human rights protection - the Istanbul Convention - Ukraine, as a signatory State, has undertaken to ensure the proper functioning of the principle of gender equality of women and men in all spheres of social life of a Ukrainian.
The author analyzes statistical data on registered cases of domestic violence and finds that the number of criminal offenses is increasing every year, despite the introduction of preventive measures in the field of domestic violence by law enforcement agencies of Ukraine. Another concern is the fact that almost a third of those convicted of domestic violence are released from punishment, as courts close criminal proceedings against them.
The ratification of the Istanbul Convention makes it clear that violence against women and children can no longer be viewed as a personal issue. This problem becomes especially urgent during the period of martial law and the state of emergency, as evidenced by the repeated cases of violence committed by the Russian military against the civilian population of Ukraine. At the same time, as practice shows, not all representatives of Ukrainian society unequivocally support the idea of ratifying the Istanbul Convention during martial law, arguing that Ukraine’s gender policy should be improved after the end of the armed conflict. The author establishes that the issue of implementing the provisions of the Istanbul Convention, despite its ratification, remains complicated due to the prevalence of established moral beliefs of Ukrainians. It is proved that the application of the Convention’s provisions in practice will confirm Ukraine’s European integration views and significantly increase its credibility in the eyes of the international community.