bluuebunny/crossref_metadata_2025_split huggingface dataset:
Financing of the armed forces of Ukraine under the conditions of the state of martial: the European integration vector
Authors: Soldatenko O. V. 
Published: February 2024

In the conditions of Russian aggression, the state of funding of the Armed Forces of Ukraine is important in view of the direct impact on the outcome of hostilities, the future of European countries, and on the further advancement of Ukraine through European integration.
The basis of the administrative and legal regulation of the financing of the security and defense sector, including the Armed Forces, is: the Military Security Strategy of Ukraine, the National Security Strategy of Ukraine, the Law of Ukraine “On National Security of Ukraine”, annual laws “On the State Budget of Ukraine”.
As a result of the conducted analysis, it was established that during 2016–2021, budget financing of the Ministry of Defense of Ukraine amounted to 2.1–2.4% of GDP or 2.5–2.9 billion dollars. the USA, while the amount of expenditures for similar purposes in the USA is 600–650 billion dollars, in China – 215–250 billion dollars, in the aggressor country – 70 billion dollars. Only in 2022, the specified volume of expenditures in Ukraine reached 21%, approximately the same amount is planned to be financed in 2024 (1,693 billion UAH).
Among the main problems in the field of financing the Armed Forces, the following are highlighted: the budget of Ukraine is not a development budget; the amount of budget expenditures depends on charity, humanitarian and international technical assistance; inefficient structure of defense budget expenditures; lack of objective opportunities for growth of own income sources.
These shortcomings became one of the reasons for Ukraine’s unpreparedness to protect its borders and significant losses during the Russian aggression during 2022-2023. This convinces of the need to comply with the current legislation of Ukraine, which combines the administrative-legal and financial- legal principles of regulation of the sphere of security and defense in Ukraine, including the Armed Forces. It is possible to achieve an increase in the volume of income sources in Ukraine through the modernization of the defense-industrial complex. Transfers from the EU remain important and necessary - this confirms the necessity of the European integration vector for the further development of our Another way to overcome the identified problems is the attraction of direct foreign investments for post-war reconstruction through the removal of regulatory levers. Along with state domestic financing and attracting private capital, Ukraine will need financing of infrastructure projects from relevant EU funds (as public funds), which requires maximum transparency, accountability and control.
Analysis of the normative fixation of the category “control” in the legislation of Ukraine (in the aspect of the relationship with the adjacent category “supervision”)
Authors: Fedorenko S. V. 
Published: February 2024

The article analyses the normative fixation of the category “control” in the legislation of Ukraine, including in the aspect of the relationship with such a related category as “supervision”.
It was noted that the search for optimal ways of legislative regulation of any legal institution should always be based on theoretical models developed by science. This applies both to mechanisms for the implementation of various procedures, and to any norms-principles and norms-definitions. The institute of state control is no exception, the legal regulation of the terminological series of which is quite contradictory and ambiguous in nature. That is why, in the field of determining the legal essence of the “control” category, the generalization of law-making practice regarding the legal constructions of the specified term and the analysis of relevant normative samples and samples of prospective legislation are extremely relevant. In our opinion, such a systematic approach will be a favourable factor for the improvement of legislation in this area, its unification and simplification.
It is emphasized that the fact that the indicated categories are adjacent, but not identical in terms of the content of the category, is obvious. At the same time, we do not believe that control is a generic phenomenon relative to supervision, and supervision is, accordingly, derived from control. In our opinion, both forms of influence on a certain object of administration are independent mechanisms that are used by different authorized subjects. In addition, it is seen that it is not entirely justified to call control, comparing it with supervision (as opposed to the latter), a permanent, “daily and continuous” process. It can be seen that it is not control, but surveillance that is endowed with such characteristics, since it involves continuous monitoring of a certain object, and control, as a rule, has the character of planned influence, which is applied with a certain frequency and duration strictly defined by law.
Informational and legal characteristics of the main components of the state security sector
Authors: Cibulnyk N. Yu. 
Published: February 2024

The article is devoted to the study of the informational and legal characteristics of the main components of the national security sector of the state. It is noted that the category “national security” reflects the qualitative state of the regulation of social relations in the state and emphasizes the fact that the security of the state consists in ensuring national identification. It has been established that the provision of state security is structured through the differentiation of national security by sector-specific (includes: military security, public security, state security, cyber security, foreign policy security, environmental security, information security) and subject characteristics (includes the activities of authorized subjects). The concept of “state security sector” is defined as a set of legal relations, the content of which is the activity of authorized subjects to ensure national security as a whole, and in certain differentiated directions. Amendments to the Law of Ukraine “On National Security” are proposed.
Attention is focused on the fact that the information and legal characteristics of the state security sector are an integral component of the national security of the state as a whole and its individual components. The importance of eliminating information threats has institutionalized a separate area of state security - information security. It was established that cyber security is an independent component of state security derived from information security, which emerged as a result of the development of digital technologies and the spread of the use of information and telecommunication systems for the purposes of information dissemination.
The institutional system of ensuring information security is singled out, which is formed from a set of authorized subjects, which are grouped depending on their legal status and available powers in the field of information security as follows: 1) state bodies authorized to ensure national security; 2) bodies of executive power, which are empowered in the specified sphere of public relations; 3) law enforcement agencies; 4) auxiliary entities that can carry out separate activities aimed at ensuring information security.
Public Services as an Object of Financial Control
Authors: Shopina I. M. 
Published: February 2024

The purpose of the article is to determine the essence of a public service as an object of financial control.
The article determines that the provision of public services by state and municipal institutions requires the expenditure of significant amounts of funds from state and local budgets. Disposal of large amounts of funds gives rise to corruption risks, which have a negative impact on the integrity of officials of state and municipal authorities.
Attention is focused on the fact that formally expressed public interest, formalized in the form of an expression of will of an individual or legal entity, is the basis for the provision of a public service.
Arguments are given that financial control over the provision of public services is aimed at promptly obtaining objective and reliable information about the activities of state authorities and local self-government, whose competence includes either the independent provision of these services or their delegation to other entities. At the same time, the range of issues that must be resolved by the subjects of financial control should, in our opinion, include determining the legality of providing a public service, providing it in equal volume and equal quality to different entities, as well as the legality of providing this service, taking into account the legal basis of such provision and feasibility of temporary, human and material expenses of state or local budgets.
The conclusion is made that public services as an object of financial control are the result of actions of state authorities, local government or other entities (based on delegated powers) aimed at realizing the public interest of individuals or legal entities. Such a result always has a certain economic value in the form of financial, time and human resources of public administrations. Financial control measures should determine the feasibility and legality of such expenses, as well as the relationship between these costs and the quality of the service provided.
Legal support for the formation of valuable needs of servicemen of the Armed Forces of Ukraine
Authors: Yarema V. V. 
Published: February 2024

The purpose of the article is to determine the essence of legal support for the formation of value needs of military personnel.
The article found out that the need for our state to effectively repel full-scale Russian armed aggression requires a review of the system of formation of value orientations among military personnel and conscripts. At the same time, the process of developing such values should not be arbitrary, but purposeful in nature, which requires agreement on the purpose, main forms, subjects and objects of such work at the legal level.
Arguments are given that the formation of socio-value needs of military personnel performs several functions related to the importance of values for the success of military service. The content of the specified functions is disclosed.
The development of the values of military personnel in the legal aspect should be considered as a process of defining and approving, in accordance with the competence of the subjects of rule-making, the main goals of the formation of the personality of persons undergoing military service. Such goals should cover the sphere of patriotic values, such as the willingness to devote one’s life to the service of the motherland and the willingness to do all one can to protect its sovereignty and territorial integrity.
It was concluded that the legal support for the formation of value needs of military personnel is a process of summarizing, formulating and approving the most important personality traits for military service, which determine their patriotism, the ability to perform tasks in a team, the ability to military leadership and to effectively carry out the orders of commanders/chiefs . Part of the value needs of the personality of military personnel has found its consolidation in the legal acts that regulate the training and completion of military service. It was found that the current period of development of the Armed Forces of Ukraine in the conditions of full-scale Russian armed aggression necessitates changes in legal acts that define the goals of the formation of the personality of military personnel. The goals of forming military command and military leadership qualities, which play an important role in the hierarchy of professional values of military personnel, need their legal consolidation.
Specificity of special knowledge use by the defense attorney in criminal proceedings
Authors: Kulyk M. , Tereshchenko Y. , Bondarchuk A. 
Published: February 2024

This paper outlines the study of special knowledge use by defense attorney in criminal proceedings and its specificity. It is noted that defense effectiveness is directly determined by correct tactical decisions made within the criminal proceedings, namely structuring the defense algorithm to achieve the desired result. Selection of such tactical solutions depends, in particular, on the level of defender’s special knowledge or one’s awareness regarding its application by other authorized parties.
The aim of this paper is to determine the specificity of special knowledge use in criminal proceedings by the defense attorney.
Paper provides a linguistic and academic interpretation of the «special knowledge» concept. Authors note that it is necessary to take into account the purpose of its use (that is, not only for investigation, solving or prevention of criminal offenses, but also for the protection of rights, freedoms and legitimate interests of the suspect, accused and other subjects under Article 45 (1) of the Criminal Procedure Code of Ukraine) while defining the content of the specified concept. Attention is also paid to forms of special knowledge application by the defense attorney in criminal proceedings. It is emphasized that one may support the investigative process and justification of defense position based on the opinion of a specialist or expert with such justification grounded for the prosecution party.
Author concludes that specificity of special knowledge use by the defense attorney in criminal proceedings stipulates: ability to directly apply it (independently), but with limits in comparison to pre-trial investigation bodies, and indirectly (involve a specialist or forensic expert (or request their opinions) via an investigator, inquirer, prosecutor, investigating judge, court to); use of knowledge backed by well-known constitutional principle «everything is allowed unless expressly prohibited by law» - authorized persons of pre-trial investigation bodies, though, use it only in accordance with a specific clause from a legal act of a different hierarchical level (based on legal force).
Observance of due process of law in the investigating judge’s rulings
Authors: Merzliy L.V. 
Published: February 2024

The article analyzes the investigating judge’s rulings and the process of their issuance with a view to ensuring compliance with the due process of law. Due process of law in criminal proceedings means the procedure (rules, algorithm) of actions and procedural decisions necessary to fulfill the tasks of criminal proceedings regulated by the Criminal Procedure Law (CPC), which is provided and used by the subjects involved in criminal proceedings and is available to the subjects involved in the criminal procedure sphere. According to the author, the procedural status and functions of an investigating judge in criminal proceedings determine the specific (distinctive) relationship of his/her activities with the category of “due process of law”, which is caused by the exercise of judicial control over the observance of the legal procedure provided for by law during pre-trial investigation and international cooperation in criminal proceedings.
The level of observance of due process during the pre-trial investigation and international cooperation in criminal proceedings is reflected in the decisions of the investigating judge. Also, the decision of the investigating judge must be made in accordance with the established rules - in due procedure and form. It is substantiated that despite the fact that an investigating judge is legally enshrined as a subject of making rulings in criminal proceedings (amendments to Article 369 of the CPC, 2019), a number of rule-making approaches to this activity need to be adjusted. The author proposes to understand the decision of an investigating judge as a judicial act in the form of a ruling on procedural issues within the competence of an investigating judge aimed at fulfilling the tasks of criminal proceedings and exercising the function of judicial control in pre-trial investigation in accordance with due process of law, which establishes the rights and obligations for the subjects of criminal procedural legal relations involved in a particular procedural activity (investigative (search) actions, measures to ensure criminal proceedings, extradition). It outlines the peculiarities of the requirements to the investigating judge’s rulings and the procedure for their issuance. The author’s vision of improving the provisions of the CPC of Ukraine in the context under study is expressed.
E-Evidence in Ukrainian Criminal Justice: Exploring the Legal Realities and Theoretical Perspectives
Authors: Nazarko A. 
Published: February 2024

This article delves into the intricate domain of electronic evidence (e-evidence) within the Ukrainian criminal justice system. The primary objective is to comprehensively dissect the multifaceted legal intricacies surrounding e-evidence, including its position and significance in Ukraine’s ongoing quest for European integration and its response to the persistent armed conflict.
The article extensively examines the intricate complexities of e-evidence, exploring its pivotal role within the broader framework of procedural sources of evidence. It also scrutinises its interaction with traditional forms of evidence, shedding light on the evolving landscape of legal practices in a digital age. The article emphasises the urgent imperative for substantial enhancements in Ukraine’s legal framework governing e-evidence. The existing framework falls short of contemporary standards, posing substantial impediments to effective law enforcement and judicial prosecution in this era of rapid technological advancements. To ensure accountability for past transgressions and to sustain the principles of the rule of law during the post-war era, Ukraine must harmonise its legal system with modern approaches to handling e-evidence.
In summary, this article offers a comprehensive and insightful analysis of the intricacies surrounding electronic evidence in the Ukrainian criminal justice system. It addresses critical legal dimensions, acknowledging their importance as Ukraine navigates a path towards integration with European legal standards and grapples with the ramifications of a prolonged armed conflict. The exploration presented here is a significant step towards a more profound understanding of the role and challenges of electronic evidence in the contemporary legal landscape.
Legislative Innovations in Pre-trial Investigation and Judicial Examination of Criminal Cases
Authors: Savchyn N.M. , Sukhoverskyi M.T. 
Published: February 2024

The article is dedicated to the analysis and assessment of legislative innovations introduced into the procedures of pre-trial investigation and judicial examination of criminal cases. A comprehensive analysis of the regulatory framework governing this area is conducted, taking into account recent changes and amendments.
The article discusses key changes aimed at enhancing the efficiency of pre-trial investigation and judicial examination of criminal cases, as well as safeguarding the rights and legitimate interests of participants in the criminal process. Special attention is given to innovations designed to expedite case proceedings, ensuring, transparency and justice in the administration of justice.
Within the scope of the conducted research, prospects for implementing the aforementioned legislative novelties into the practice of investigation and adjudication of criminal cases are identified. The authors provide well-founded recommendations for further potential directions in refining legislation in this area to enhance the efficiency and fairness of criminal justice.
The article aims to determine optimal strategies and practical measures to support the integration of positive changes into the judicial system, particularly by incentivizing ethical conduct among pre-trial investigation bodies and the prosecution.
The conclusions of the article not only help identify shortcomings in legislation but also offer constructive recommendations for overcoming challenges in the field of justice, contributing to the development of legislation for the effective protection of citizens’ rights in contemporary conditions.
This article serves as a significant contribution to understanding and discussing the impact of innovations on the criminal process, and it may be valuable for practicing lawyers, researchers, and legislators interested in the field of criminal law and procedure.
Ensuring by the prosecutor the admissibility of factual data in the order of providing international legal assistance
Authors: Tishyn M.V. 
Published: February 2024

The article examines the powers of the prosecutor to ensure the admissibility of factual data in the order of providing international legal assistance. These powers are characterized taking into account the general and additional criteria for the admissibility of evidence, which are collected in the order of providing international legal assistance. The issue of assessing the admissibility of actual data obtained as a result of the request by the requested state was considered.
It is argued that ensuring the admissibility of factual data by the prosecutor in the procedure for providing international legal assistance (when the requesting state is Ukraine) consists in ensuring compliance with general and additional criteria for the admissibility of evidence in the process of preparing the request and after receiving a response to the request.
In the process of preparing a request, these are: checking the authority of the subject of preparing the request; checking the content, form and attachments to the request; identification of the correctness of the definition in the request of the procedural actions that must be carried out within the limits of the request; approval of the request. After receiving a response to the request, it is: assessment of compliance with the international cooperation procedure; assessment of who is the competent authority for the execution of the request; assessment of whether the materials received from the requested state were prepared by an official of the competent body of the requesting party or the requested party and sealed with the seal of the competent body; assessment of the available possibilities of compliance with the procedure provided for by the legislation of the requested state; assessment of compliance with the principles of fair justice, human rights and fundamental freedoms, including international reports on the state of human rights in the requested state; checking whether the evidence is used in exactly the criminal proceedings to which the request relates, and if not, whether the requested party has agreed to the use of this evidence and to what extent.