Visegrad Journal on Human Rights

Analysis of the implementation of E-Audit (SAF-T) and «E-Excise» as tools for the digital transformation of tax administration within the framework of Ukraine's National Revenue Strategy

2026-02-04T18:25:22+02:00

The article provides a comprehensive analysis of the key tools for the digital transformation of tax administration in Ukraine, as defined by the National Revenue Strategy (NRS). It has been proven that two priority reforms - the introduction of electronic auditing (E-Audit) based on the SAF-T standard and the launch of the «E-Excise» electronic traceability system - are not just technical updates, but a fundamental change in the philosophy of tax control. This change is dictated by the need to ensure fiscal stability in the context of martial law and European integration. The mechanism of the SAF-T standard is analysed, which, through a standardised XML file, provides tax authorities with full access to taxpayer records, ensuring a transition from repressive audits to automated risk management. The architecture of the «E-Excise» system, which replaces paper stamps with Track&Trace technology using DataMatrix codes, combining state control with public monitoring through the Diіa app, is examined in detail. It is concluded that the introduction of these tools is aimed at minimising the human factor and de-shadowing the economy. At the same time, attention is drawn to the challenges of implementation, in particular the high technical complexity for businesses and the expected resistance from beneficiaries of shadow schemes.

State of scientific research on the administrative and legal regulation of OSINT functioning in ensuring public order and security in the works of foreign scholars: lessons for Ukraine

2026-02-04T18:29:19+02:00

The article provides a comprehensive analysis of scientific research devoted to the administrative and legal regulation of OSINT functioning in the field of public order and security. It examines the approaches of foreign scholars who study the use of open-source information, the impact of digital technologies on law enforcement activities, and the ethical, legal, and procedural challenges associated with OSINT operations conducted by public authorities. The findings show that researchers emphasize the need for professional standards, digital competencies, reliable methodologies, and effective procedures for assessing the accuracy of open-source data. Particular attention is given to issues of privacy protection, risks of profiling, transparency of OSINT practices, and the growing influence of artificial intelligence on intelligence-gathering processes. It is argued that AI-based OSINT strengthens analytical capabilities but also intensifies legal risks, which requires harmonized international standards and robust oversight mechanisms. The study notes that Ukrainian legal scholarship lacks comprehensive research on the administrative and legal foundations of OSINT, which highlights the relevance and scientific novelty of further studies in this area. Based on the analysis of foreign literature, the article formulates recommendations for the development of Ukrainian doctrine, including the definition of OSINT actors, procedural requirements for their work, ethical principles, privacy guarantees, and models of independent oversight in the field of public order and security.

Legal harmonisation of Ukraine with European Union law: institutional and normative analysis of the implementation of 33 chapters of the acquis communautaire

2026-02-04T18:35:10+02:00

In the context of Ukraine obtaining candidate status for membership in the European Union, the legal harmonisation of national legislation with the acquis communautaire has become particularly relevant. Given the institutional challenges, martial law, and complex geopolitical conditions, a comprehensive analysis of Ukraine’s progress in fulfilling its legal obligations within the framework of European integration is essential. Special attention is paid to both normative reforms and the actual steps toward legal implementation of EU standards across all 33 technical chapters of the acquis.

The purpose of the article is to conduct a systemic institutional and normative analysis of Ukraine’s implementation of the acquis communautaire based on the European Commission’s reports for 2023 and 2024, with a focus on legal adaptation mechanisms, institutional transformations, and the substantive dimension of legal approximation to EU law.

The research uses a comparative legal method, which made it possible to compare the state of acquis implementation over two consecutive periods. In addition, a normative-analytical approach was applied to assess the content of legislative changes in Ukraine and their compliance with the core requirements of EU law. The novelty of the study lies in its integrated legal analysis not only of the content of national reforms but also of the dynamics of institutional capacity-building for acquis implementation.

The study found that the most significant progress was achieved in the fields of public procurement, energy, competition, justice, customs policy, and common security policy. In many cases, the implementation of EU law has taken place not only at the legislative level but also through subordinate regulations, administrative instructions, and the establishment of specialised bodies. Meanwhile, such areas as the free movement of workers and capital, and regional policy demonstrate slower harmonisation due to legal and institutional barriers. The analysis confirms that Ukraine has transitioned from political declarations to the legally binding adaptation of the acquis, enhancing its readiness for accession negotiations.

In conclusion, the article argues that the success of Ukraine’s further legal approximation to the EU depends significantly on its ability to ensure sustainable implementation, effective institutional oversight, and the development of administrative and judicial review mechanisms. It is proposed that legal harmonisation be viewed not merely as a formal accession requirement but as a tool for deep transformation of public governance, rule of law, and the legal state in Ukraine.

Features of implementation of general and special guarantees of constitutional and legal status of convicts: problems of theory and practice

2026-02-04T18:37:33+02:00

Purpose of the work. The method of this research is a comprehensive study of the implementation of general and special guarantees of constitutional and legal status of convicts in Ukraine. Convicts in Ukraine, as in any other state, are a sufficiently specific category, the implementation of rights and freedoms, which are created in connection with the occurrence of a number of objective and subjective factors. The lack of scientific research that covered a comprehensive approach to all components of the constitutional and legal status of convicts determines the relevance of this study.

Methodological basis of the study. The work uses an analysis of legal and scientific literature, comparative law and systemic approaches to study the guarantees of the constitutional and legal status of convicts. Special attention was paid to the classification of guarantees into general and special, as well as their specific relationship. General guarantees are considered as the basis for the implementation of special, including political, economic, ideological and social aspects, while special guarantees are offered by legal, legal, regulatory and organizational mechanisms, supplemented by international legal and international organizational mechanisms.

Results. The role of general guarantees in creating the initial conditions for ensuring the legal status of convicts, in particular political, ideological and social components, is analyzed. It is established that economic and political guarantees ensure the functioning of the legal system and the implementation of special legal guarantees. It is determined that regulatory, organizational, international legal and international organizational guarantees are interconnected and form a holistic system for ensuring the rights and freedoms of convicts.

Conclusions. Convicts have a full-fledged constitutional and legal status, each element of which requires appropriate guarantees. Guarantees function as a purposeful system, within which a balance is ensured between general and special guarantees. Each group of players guarantees a decisive role in ensuring the implementation of all components of the constitutional and legal status of convicts. A comprehensive approach to their classification and interrelationship creates conditions for effective provision of the rights and freedoms of this category of persons.

State funding of political parties in Ukraine and some EU countries: conditions for provision, amount and calculation procedure

2026-02-04T18:48:24+02:00

The article examines the legal regulation of state funding of political parties in Ukraine, with a particular focus on the financing of their statutory (non-electoral) activities, and compares the Ukrainian model with selected approaches applied in Poland, Germany, Latvia and Bulgaria. Drawing on formal-dogmatic, comparative and systemic analysis of national legislation and Council of Europe standards, the author clarifies the conditions under which public subsidies may be granted to political parties, the minimum thresholds of electoral support and the main methods for calculating the amount of funding. It is shown that in Ukraine the annual volume of state funding is determined by the number of votes cast for all parties participating in parliamentary elections, but is distributed only among those political forces that have passed the 5 per cent electoral threshold, which reinforces the asymmetry of resources between parliamentary and extra-parliamentary parties and objectively narrows the space for political pluralism. Special attention is paid to the mechanism whereby part of the funds is allocated taking into account the gender composition of parliamentary factions. In contrast, in most of the EU states analysed, at least partial budgetary funding is provided for parties that are not represented in parliament but reach a lower threshold of voter support; degresive “price-of-vote” schemes, matching of public funds with small private donations and both absolute and relative caps on subsidies are used. On this basis, the article argues for extending eligibility for state funding in Ukraine to extra-parliamentary parties, adjusting the distribution formula and strengthening incentives for a more diversified structure of party incomes, while at the same time preventing excessive dependence on the state budget.

Transaction-related grounds for eligibility for tax credit: overview of the case-law of the Supreme Court of Ukraine

2026-02-04T18:51:30+02:00

The purpose of the study is to determine the transaction-related grounds for the right to a tax credit that are covered in the case-law of the Supreme Court of Ukraine. The relevance of this topic arises from the fact that there is insufficient cohesion in the scientific literature on the understanding of the whole spectrum of these grounds in their interrelation by administrative courts. As a result of the study, the author points out that the transaction-related grounds for the right to a tax credit are: (1) the genuineness of transactions for the purchase of goods/services; (2) the orientation of these transactions to the increase (preserve) taxpayer’s assets and/or its value, as well as to the creation of conditions for that in the future; (3) using the relevant goods/services in the taxpayer’s business activities and in transactions subject to value-added tax; (4) keeping sufficient record of business transactions in source documents and their congruence with the taxpayer’s contracts. It is also noteworthy, the failure of the taxpayer’s counterparty to fulfill their obligation to pay their value-added tax duties, their registration and management of its activities by figureheads, the lack of material, technical and labor resources for carrying out business transactions and other tax information regarding the taxpayer’s counterparties in the supply chain are circumstances that are not of decisive importance and must be assessed in the context of specific business transactions at the time of specific business transactions and in view of other circumstances that confirm or refute the movement of assets and funds between counterparties. Similarly, presentation of unreliable information in source documents, them being issued by an unauthorized person, incomplete disclosure of some details of business transactions and other deficiencies of source documents do not entail their non-inclusion in tax accounting, if from the set of documents containing information about the business transaction, it is possible to establish the its date, essence and scale, as well as to identify the business actors who participated in the business transaction.

Integrity in education as a preventive measure against corruption: legal aspects

2026-02-04T19:06:57+02:00

The article provides a comprehensive analysis of the phenomenon of integrity in the educational space of Ukraine as a strategic legal and ethical tool for preventing corruption. The concept of zero tolerance for corruption is considered not as a situational administrative requirement, but as a fundamental worldview basis that should be formed by the education system.

Based on an analysis of the regulatory and legal framework, in particular Article 42 of the Law of Ukraine ‘On Education’ and Order No. 977 of the Ministry of Education and Science of Ukraine, the authors examine the process of institutionalising academic integrity. It is argued that integrity has transformed from a declarative moral principle into a mandatory legal category, which is a prerequisite for the accreditation of educational programmes and a criterion for the quality of education. Particular attention is paid to the novelties of the 2024 legislation (Order of the Ministry of Education and Science No. 842), which introduced competence in the ability to act on the principles of intolerance to corruption into the standards of higher education. The Strategy for the Development of Integrity in Education for 2026–2030, developed by the National Agency for Corruption Prevention, is analysed in detail. The article also considers the international context (UNESCO and OECD standards) and the role of education in shaping the legal culture of future professionals. It concludes that the systematic implementation of anti-corruption education, the consolidation of ethical standards in the internal regulations of institutions, and real accountability for violations are necessary conditions for the sustainable development of a democratic society and the prevention of the reproduction of corrupt behaviour patterns.

Metaverse: a simulacrum platform for digital transformations of the Metaverse E-state Society

2026-02-04T19:15:44+02:00

This paper presents a comprehensive study of the role of digital simulacra in the Metaverse space, especially regarding their use in modelling social, economic, and legal scenarios. Key conceptual elements such as avatars, electronic identities, digital humanoids, AI subjects, digital influencers, and artificial moral agents are analysed. Considerable attention is paid to the theoretical substantiation of the phenomenon of simulacra, the definition of their functions and impact on modern society.

The study covers the analysis of promising experimental approaches, in particular the Wuhan and Stanford experiments, which demonstrated high accuracy in simulating individual and collective consciousness using generative AI models. The innovative LLM model “Centaur”, which reproduces complex scenarios of human cognition and behaviour, expanding the boundaries of the application of AI in various fields, is also considered.

Emphasis is placed on the analysis of the possibilities of using the Metaverse as an innovative space for modelling social relations based on the interaction of IoT, Big Data, and AI. A structural model is proposed that demonstrates the multi-level interaction between these technologies, providing accurate predictions of social and political reactions. Notably, the use of such technologies is associated with ethical, social and legal challenges, including issues of privacy, digital control and manipulation of public consciousness.

Comparative analysis of public administration in the demographic sphere

2026-02-04T19:21:31+02:00

The article offers a comparative analysis of how states design and implement public administration in the demographic sphere – covering fertility, mortality, migration, population ageing, and spatial distribution. Using a mixed-methods approach (desk review of legislation and strategies, policy scoring across 30+ OECD/EU jurisdictions, and illustrative case studies from the Nordics, France, Germany, Canada, Japan, and several CEE countries), the study examines institutional architectures, instruments, and results. We contrast centralized demographic councils, inter-ministerial coordination units, and devolved municipal models; assess policy toolkits (cash transfers and tax credits, parental leave and ECEC expansion, active-ageing and long-term-care systems, talent-oriented migration schemes, regional repopulation programs); and evaluate enabling capacities (civil registration and digital population registers, data governance, foresight, and impact evaluation).

Findings show that durable outcomes arise where demographic policy is mainstreamed into labor, housing, health, education, and territorial planning; where monitoring frameworks connect indicators (TFR, net migration, old-age dependency, healthy life years) to budget triggers; and where implementation is co-produced with local governments and social partners. Nordic and French models excel at family policy/ECEC coverage; Japan and Germany illustrate ageing-readiness via long-term-care insurance and silver-economy activation; Canada and Australia highlight selective migration coupled with integration services. Common pitfalls include fragmented governance, short political cycles, and weak evaluation culture; cash-heavy but service-poor designs underperform. The article proposes a governance template: a legally mandated demographic strategy; a permanent coordination body with fiscal nudges; standardized data pipelines and ethics safeguards; routine quasi-experimental evaluation; and crisis clauses for shocks (pandemics, displacement, energy price spikes). The contribution is a practical comparative framework linking institutions to outcomes and a menu of reforms adaptable to diverse administrative traditions.

Digitalization of the occupational health and safety system

2026-02-04T19:27:01+02:00

The article considers how a high occupational safety culture is beneficial to employees, employers and the state. It is emphasised that AI can be used to solve the following issues: assessing risks in the workplace; preparing materials for training and briefings; developing questions to test knowledge of a specific regulatory legal act on labour protection; conducting and analyzing audits of the state of labour protection during work and operation of machines, mechanisms, and equipment; developing and updating documents; investigating and analyzing accidents and incidents; planning comprehensive measures for established safety, occupational hygiene, and production environment standards, improving the existing level of labour protection, preventing industrial injuries, occupational diseases, accidents, and fires; planning work of labour protection specialists with task priorities. Various prevention methods have proven effective in preventing accidents at work and in increasing labour productivity. Only through social dialogue can employees, employers and governments come together to address the complex issues surrounding artificial intelligence and employment, and ensure that all work is decent work. However, along with the benefits, digitalization brings new challenges, including issues of ethical data use, protection of personal information, the risk of discrimination due to algorithmic bias, and the blurring of boundaries between work and personal life. New technologies will change the field of occupational health and safety, in particular through task automation, the use of smart tools and safety monitoring systems, the use of augmented and virtual reality, as well as algorithmic work management. The digital transformation of work has led to the evolution of forms of work organization, such as remote work and digital work platforms. Technologies, approaches, and management of the economy of Ukraine and the whole world are changing.

Entities of administrative and legal support of response to domestic violence: concept and system

2026-02-04T19:35:52+02:00

The issues of the concept and system of subjects of administrative and legal support for responding to domestic violence are examined in the article. Attention is drawn to the fact that the effectiveness of the activities of such subjects depends on the quality of effective response to facts of domestic violence, provision of assistance and victims’ protection, proper investigation of facts of domestic violence, bringing perpetrators to legal responsibility and changing their behavior. The range of subjects of administrative and legal support, which are subjects of legal relations, is analyzed, it is noted that in each individual case it is different and depends on the sphere of public administration, the activity in which these subjects provide. This also applies to such an area as preventing and combating domestic violence. It is emphasized that the key feature of a subject is the ability to exercise the rights granted and fulfill the obligations imposed. The status of a subject of law is determined by the norms of law and administrative and legal acts that grant it the corresponding rights and obligations. The rights, obligations and authorities of subjects of administrative and legal support for responding to domestic violence are characterized. An analysis of the doctrinal concepts of the subject of administrative and legal support for responding to domestic violence is carried out. The author’s definition of the subject of administrative and legal support for responding to domestic violence is given as a subject of public administration, which, using administrative and legal means, methods and procedures, determines and organizes the implementation of state policy in the field of protecting human rights from violations, covering all spheres of public life, and aimed at combating domestic violence and bringing perpetrators to legal responsibility. It is concluded that preventing and combating domestic violence at the current stage of Ukraine’s development is one of the important areas of its activity, since it is considered not only as a social problem, but also as a problem of protecting human rights, which requires the development of high-quality legal means of its solution. As a result of domestic violence, the rights and freedoms of a particular person are violated, who does not always have the financial means for self-defense, and, accordingly, requires intervention from the state and society. The place of centers for providing free legal aid in the system of preventing and combating domestic violence is determined.

Prospects for the legal status of Ukrainian migrants after the end of temporary protection

2026-02-04T19:35:53+02:00

The article explores the future legal status of Ukrainian migrants in the European Union after the expiration of temporary protection, focusing on the challenges, risks, and potential transition mechanisms that may shape their position within European legal systems. Temporary protection has ensured broad access to residence, employment, education, healthcare, and social services, functioning as an effective emergency instrument during the mass displacement caused by Russia’s full-scale invasion of Ukraine. However, this regime is inherently temporary and does not provide an automatic pathway to long-term or permanent residence, which creates substantial uncertainty as the end of temporary protection approaches.

The study analyses the current guarantees provided under EU law, identifies the main limitations that may complicate future transitions, and highlights structural disparities among Member States in the implementation of temporary protection. Particular attention is given to the risks of losing legal residence, reduced access to welfare systems, and increased vulnerability to irregular status for individuals unable to meet documentation or administrative requirements. The article also examines the principal legal pathways available after 2026, including national residence permits, international protection mechanisms, labour-market-based schemes, and options for long-term residency.

Drawing on recent European research, institutional reports, and policy analyses, the article outlines three realistic scenarios: extension or reactivation of temporary protection, transition to national legal regimes, and the emergence of mixed or hybrid solutions at the EU level. The conclusion emphasises the need for harmonised planning, coordinated documentation policies, and predictable transition models to ensure legal continuity and protect the rights of displaced Ukrainians in the long term.

The impact of martial law on the implementation of gender equality in the National Police of Ukraine

2026-02-04T20:02:52+02:00

The article provides a comprehensive analysis of the theoretical, legal, and practical foundations for the implementation of gender equality in the activities of the National Police of Ukraine, with an emphasis on the impact of martial law as a double-edged factor. The content of the concept of gender equality in the public service is outlined, the principles of non-discrimination and equal opportunities are revealed, and the compliance of the national regulatory framework with international standards established by the United Nations, the Council of Europe, and the European Union is examined. The current state and dynamics of gender relations in the personnel structure of the National Police of Ukraine, the peculiarities of service for women and men in peacetime, as well as problematic aspects of the implementation of the principle of equal opportunities in the period prior to the introduction of martial law are analyzed. The study considers practical aspects of service in combat zones, social protection, psychological support, and the balance of professional and family responsibilities. Prospects for improving mechanisms to ensure gender equality are identified, including adaptation of internal procedures of the National Police to crisis conditions, implementation of gender-sensitive human resource management, enhancement of legal culture among leadership, and integration of gender issues into professional training. The results have practical significance for developing internal regulatory acts, managerial decisions, social protection programs, and state policies ensuring equal rights and opportunities in law enforcement.

On the issue of criminal liability for information collaboration activities

2026-02-04T20:02:49+02:00

The article examines the peculiarities of theoretical and practical problems of the legal qualification of criminal liability for information collaboration activities. It has been stated that information collaborationism is defined as the conscious, voluntary cooperation of a person with the aggressor or his temporary administration, which consists of spreading disinformation, propaganda, or justifying the aggressor’s actions. It is indicated that, according to the main punishable actions under Part 6 of Article 111-1 of the Criminal Code of Ukraine, according to the relevant judicial practice, information activities had the following manifestations, namely: (1) giving interviews of a propaganda nature to state television channels of the russian federation; (2) distributing publications on the Internet; (3) creation of a network of accounts in which propaganda materials were distributed; (4) development of the concept of information policy as a component of the policy of the aggressor state on the occupation of territories and the retention of occupied territories; (5) coordinating the work of the media in the occupation administration with the dissemination of propaganda materials on the Internet; (6) creating propaganda materials on request, etc. It is revealed that the subject of collaborative activity belongs to the special category, namely: it can be a sane individual who has reached the age of 16 and is a citizen of Ukraine. It was found that the object of criminal offenses provided for in Article 111-1 of the Criminal Code of Ukraine is the foundation of Ukraine’s national security. It has been established that the objective side of the criminal offense provided for in Part 6 of Article 111-1 of the Criminal Code of Ukraine is expressed in four forms: (1) organization of political events; (2) holding political events; (3) carrying out information activities; (4) active participation in such events. It has been determined that in accordance with Part 6 of Article 111-1 of the Criminal Code of Ukraine, responsibility for information activities arises in the absence of signs of high treason. Similar actions may also be qualified under other articles of the Criminal Code of Ukraine: “Justification, recognition as lawful, denial of the armed aggression of the Russian Federation against Ukraine” (Article 436-2). The need for clear criteria for distinguishing public objections and public appeals as forms of collaborative activity, provided for in Part 1 of Article 111-1 of the Criminal Code of Ukraine, from information activities under Part 6 of Article 111-1 of the Criminal Code of Ukraine is indicated. It has been established that the acts provided for in Part 6 of Article 111-1 of the Criminal Code of Ukraine are punishable by corrective labor for a term of up to two years or arrest for a term of up to six months, or imprisonment for a term of up to three years with deprivation of the right to hold certain positions or engage in certain activities for a term of ten to fifteen years.

Guarantees for the protection of the rights of legal entities when determining the country of origin of goods by customs authorities

2026-02-04T20:11:49+02:00

The aim of the work is to study theoretical and practical problems of guarantees for the protection of the rights of legal entities when determining the country of origin of goods by customs authorities within the framework of administrative and legal regulation. The methodological basis of the article is a set of methods, such as formal-dogmatic, systemic, semantic, epistemological, and axiological, comparative-legal, systemic-structural, and also includes methodology as a set of both methods and techniques of scientific knowledge. It has been established that one of the legal mechanisms for guaranteeing the protection of the rights of legal entities regarding the determination of the country of origin of goods is the appeal of decisions of the customs authority in administrative courts, and case law is presented. It was established as a result of this study that the customs authority checks documents confirming the country of origin of the goods, namely: certificates of origin of the goods; certified declarations of origin of the goods; declarations of origin of the goods, certificate of regional name of the goods. It is indicated that through customs control, customs authorities check the authenticity of documents to determine the country of origin of the goods, and in case of non-compliance, they may carry out additional verification. It is noted that based on the determined country of origin of the goods, the customs authority applies appropriate non-tariff regulation measures, prohibitions or restrictions on the movement of goods across the customs border of Ukraine. It has been established that determining the country of origin is an important component of customs control for the correct calculation of customs payments when moving goods into the customs territory of Ukraine. It was found that the digitalization of procedures for determining the country of origin of goods by customs authorities is an important stage in the modernization of public administration in the customs sector. It is concluded that the transparency of the procedures for determining the country of origin of goods and uniform rules for all participants in foreign economic activity create equal conditions for competition between legal entities when moving goods across the customs border of Ukraine. It is argued that the application of effective procedures for determining the country of origin of goods by customs authorities is one of the mechanisms for protecting the rights of legal entities in customs law, as it ensures objectivity in the calculation of customs duties and non-tariff restrictions, helps to avoid discrimination and guarantees equal conditions for foreign economic entities when moving goods across the customs border in the context of the implementation of European integration customs standards.

Access to justice for people with disabilities: the experience of Ukraine and Germany

2026-02-04T20:15:53+02:00

The relevance of researching this issue stems from the fact that the right to access justice is guaranteed by the Constitution of Ukraine to every person, including persons with disabilities. However, in practice, the implementation of this right guaranteed by the Basic Law of Ukraine faces a number of significant obstacles. First and foremost, these are physical barriers related to the lack of real opportunities for persons with disabilities to freely access court premises. Communication barriers also pose a significant problem, as judges and court staff often lack the special skills needed to communicate effectively with persons who have hearing or visual impairments or other special needs. Legal barriers are no less important, as a significant proportion of persons with disabilities do not have sufficient knowledge of how to exercise their right to go to court.

All these circumstances demonstrate the urgent need for profound reform of the legal institution of access to justice for persons with disabilities at the level of Ukrainian national legislation. In order to find ways to overcome these barriers, the author examines the positive experience of the Federal Republic of Germany. This country has achieved certain successes in this area. An analysis of the strategy for the digitization of justice, as well as the Federal Law on Equal Opportunities for Persons with Disabilities, makes it possible to formulate a number of proposals, the implementation of which could significantly improve public administration in the field of ensuring access to justice for persons with disabilities in Ukraine. First and foremost, this involves changing the concept of public administration in this area, within which the needs of private individuals who go to court, including the needs of persons with disabilities, should be given priority. In addition, it involves establishing specific measures at the level of state policy strategy and tactics in this area, aimed at overcoming physical, communication and legal barriers that prevent persons with disabilities from accessing justice. It is advisable to borrow from Germany’s experience a comprehensive approach to ensuring access to justice for persons with disabilities. This approach covers not only the possibility to file a lawsuit or represent one’s interests in court, but also provides primary legal assistance to persons who apply to the court, as well as access to various state registers. This, in turn, makes it possible to obtain the necessary evidence to substantiate the claims that a person with a disability brings before the court.

Constitutional principles of the functioning of the mechanism of administrative and legal regulation in the sphere of ensuring ecological security of Ukraine

2026-02-04T20:57:51+02:00

The study of the constitutional principles of the functioning of the mechanism of administrative and legal regulation in the sphere of ensuring the ecological security of Ukraine is an urgent scientific problem, the solution of which can provide clear guidelines for its reform and improvement. The article analyzes the role and significance of the Constitution of Ukraine as the Fundamental Law in the aspect of ensuring the functioning of a holistic mechanism of administrative and legal regulation in the sphere of ensuring the ecological security of Ukraine. At the same time, the fact is stated that the Constitution of Ukraine laid the basic principles for the formation of such a mechanism in the sphere of ensuring ecological security as the leading type of national security of Ukraine. It is also noted that the Law of Ukraine “On Environmental Protection” was adopted before the Constitution of Ukraine came into force, but it was after the adoption of the Fundamental Law of Ukraine that the process of amending this Law and its gradual modification was significantly intensified. Such modification, in particular, concerned the formation at the legislative level of the status of subjects of power that carry out public administration in the field of ensuring environmental security. It is proved that since the Constitution of Ukraine at the time of its adoption was a progressive document that significantly outpaced the fundamental provisions that existed within the national legal system before the adoption of the Constitution of Ukraine, it is the Fundamental Law that should be the basis for reforming the mechanism of administrative and legal regulation in the field of ensuring the environmental security of Ukraine as a type of national security. All this made it possible to accelerate the processes of appropriate reform, relying on such constitutional values as stability, security and balance, which in the modern world serve as the foundation for the development of statehood, social progress and guaranteeing the vital interests of every person. Thus, today the Constitution of Ukraine as the Basic Law has laid a solid foundation in the system of regulating a wide range of various social relations. Among them, issues related to ecology, ecological balance and ecological safety occupy a leading place. Moreover, the Constitution forms such principles comprehensively, starting from the preamble and including all its other provisions. For example, the preamble of the Constitution of Ukraine, having a direct correlation with other provisions of the Basic Law, forms a significant basis for improving the mechanism of administrative and legal regulation in the field of ensuring the ecological safety of Ukraine.

Features of compensation for property and moral damage caused by violation of a contractual obligation to dispose of property rights to objects of related rights

2026-02-04T21:00:38+02:00

This paper raises the issue of compensation for property and moral damage caused by a violation of the contractual obligation to dispose of property rights to objects of related rights from an unusual aspect, namely, the fact that according to the provisions of Clause 3, Part 2, Article 53 of the relevant Law of Ukraine “On Copyright and Related Rights”, in fact, issues of compensation for moral and property damage can be addressed only in connection with such forms of disposal of property rights to objects of related rights that provide for the granting of a property right for use (the author emphasizes that, in his opinion, it is the property right for use in a certain way/ways that is granted, and not the object of related rights itself, since according to the current legislation of Ukraine, the object of intellectual property rights and the property right to it are separated from each other). The appeal in connection with such forms of disposal of property rights to objects of related rights, which provide for the transfer (alienation) of property rights, remains outside the scope of the above-mentioned provision. In connection with which, the author proposes in the work an updated version of clause 3, part 2, article 53 of the relevant Law of Ukraine “On Copyright and Related Rights” by means of a corresponding addition and forms of disposal of property rights to objects of related rights, which also provide for the transfer (alienation) of property rights. For this purpose, the author conducted a thorough analysis, in particular, of such forms of disposal of property rights to objects of related rights as an employment contract (contract) - in terms of the distribution of property rights to an official object of related rights, a contract for the creation by order and use of an object of related rights, another contract (it is meant that another contract as a form of disposal is provided for in accordance with the provisions of the current legislation of Ukraine, due to the fact that the list of forms of disposal is not exhaustive). Why else did the author of the work conduct such a thorough analysis of the forms of disposal? It was conducted in order to demonstrate that not only do there exist other forms of disposal, in addition to granting a property right for use, but also to demonstrate that a property right, including to objects of related rights, can still be transferred not completely (partially), that is, in certain ways, thus, being as if split.

A separate aspect raised in the work and actually the main one is the issue of the uncertainty of the identity of the creator of related rights, the depersonalization of such a person, by not including him in the composition of the subjects of related rights. And how can a person who is the creator of a particular related right apply for compensation for moral or property damage caused by a violation of the contractual obligation to dispose of property rights to objects of related rights, being uncertain, although according to the provisions of the current legislation of Ukraine, for example, personal non-property rights to an object, including related rights, created by an employee belong to him. In connection with the above, the author conducts a corresponding thorough analysis with a proposal also to make changes to the current wording of Part 1 of Article 55 of the relevant Law of Ukraine “On Copyright and Related Rights” in order to be consistent with the provisions of Articles 41, 54 of the Constitution of Ukraine.

Presentation of a corpse for identification under martial law

2026-02-04T21:09:58+02:00

The article is devoted to the analysis of the investigative (search) action: presentation for identification of a corpse under martial law. It is noted that this type of identification has significant differences from other types, both in terms of the specificity of the object of identification, and in terms of the goals and objectives that must be achieved and fulfilled during its conduct, and therefore the procedural rules for its conduct have certain peculiarities. It is emphasized that, first of all, during the pre-trial investigation, the identification does not take place of the corpse as such, but of an unknown person whose corpse has been found, or of a person whose identity is in doubt.

It is emphasized that most often during martial law in Ukraine, an inspection of the scene of the incident is carried out, but the presentation of the corpse for identification takes second place among the most frequent investigative (search) actions.

The thesis is substantiated that in order to identify and record information about the circumstances of the commission of a criminal offense, the investigator and prosecutor conduct an inspection of the scene of the crime (Article 237 of the Code of Criminal Procedure of Ukraine). The examination of the corpse is carried out with the mandatory participation of a forensic medical expert or doctor, if it is impossible to involve a forensic medical expert in time. After the examination, the corpse is subject to mandatory referral for forensic medical examination to establish the cause of death (Article 238 of the Code of Criminal Procedure of Ukraine).

It has been proven that one of the most effective investigative (search) actions of an identification nature, the need for which may arise during the investigation of the vast majority of criminal offenses, is presentation for identification. The practical importance of this investigative (search) action has led to constant attention to it by the sciences of criminology and criminal procedure, in which the specified investigative (search) action has been considered in various aspects for a long time.

It is noted that the procedural procedure for presenting a corpse for identification is regulated by the norms of the Criminal Procedure Code of Ukraine, compliance with which is mandatory and strict. Failure to comply with the procedural rules for conducting an investigative (search) action is a violation of the law and entails its recognition as legally invalid and inadmissible.

Socio-ethical dimensions of ancient rationalism

2026-02-04T21:09:56+02:00

The article explores current issues in philosophical and anthropological inquiry within ancient philosophy, focusing on the principles and priorities of the anthropological dimensions of classical and post-classical ancient spiritual culture.

The study outlines dialogical forms of philosophical, socio-ethical, and anthropological exploration, which display an extraordinary plurality of perspectives and ideas. This pluralism is evident both in the diversity of normative models of conduct and in attempts to define the ideal structure of the human being. The article emphasixes that during the era of the first ethical reflections, philosophy in antiquity had a profoundly pragmatic character. This pragmatism encompassed both moral rationality and the theoretical aspects of the philosophy of values. For the individual in antiquity, it was necessary to consolidate theoretical and empirical life-goal orientations, combining spiritual-ethical values with the pragmatism of transient social existence.

The analysis shows that, from an anthropological perspective, during the period of ancient classical philosophy, the observational approach to understanding the world gave way to an active, even transformative, approach to life, reflecting the productive, dynamic, and creative nature of human existence. The individual’s active status is defined through practical engagement with the world, nature, and the self. It is noted that it was the Classical and Late Classical periods of antiquity (5^th–4^th centuries BC) that the philosophy of the human being developed most significantly, directing philosophical thought toward personal world-creation, the harmony of the inner spiritual world, and intellectual, rational cognition. The pragmatism of the early Greek philosophers, initially reinforced by their psychologically significant authoritarianism, gradually gave way to philosophical-gnoseological reflections on the problems of inner dialectics and harmony, socio-ethical life of a person of Ancient Rationalism.

Control and supervision over the provision of funeral services by public administration bodies

2026-02-04T23:37:11+02:00

The article examines the administrative and legal foundations of control and supervision over the provision of funeral services as instruments for ensuring dignified treatment of the deceased, protecting the rights of their relatives, and preventing abuses in the funeral services market. It is argued that, under conditions of armed aggression against Ukraine and a sharp increase in the number of fatalities, the issue of proper organisation of burials, identification of bodies, maintenance of registers of the deceased, and compliance with sanitary, ethical, and legal standards becomes particularly urgent and goes beyond the scope of ordinary municipal services. The article analyses scholarly approaches and legislative definitions of the concepts of “control” and “supervision”, identifies their common features (ensuring legality, preventive nature, continuity, and the exercise of authoritative powers) and differences in terms of purpose, methods, and spheres of application. It is demonstrated that the absence of a clear distinction between these instruments in legislation generates conflicts and contributes to the formalisation of inspections and the tolerance of corrupt practices, including unlawful solicitation of services, the sale of information about a person’s death, monopolisation of local markets, shadow activities of service providers, and improper maintenance of burial sites. The necessity of introducing a coherent, transparent, and accountable model of public control and supervision is substantiated, based on international humanitarian law standards, unified procedures for recording and identifying the deceased, strengthened requirements for market participants, involvement of local self-government bodies and the public, as well as effective sanctions for violations. It is concluded that properly structured mechanisms of control and supervision in the field of funeral services constitute an essential element of the state’s humanitarian policy and a guarantee of adherence to the principles of dignity, legality, and justice.

International experience of war veterans’ reintegration

2026-02-04T23:39:33+02:00

The article examines the international experience of war veterans’ reintegration as a comprehensive public policy framework that combines social guarantees, medical and psychosocial rehabilitation, education, employment, support for entrepreneurship, and family-oriented programmes. It is emphasized that leading states build specialized institutional models: from extensive systems of healthcare, education, and benefits in the United States to integrated schemes of professional readaptation and “civilian bridges” in EU countries, Canada, Israel, and France, where key elements include personalized support, interagency coordination, and the long-term responsibility of the state for wounded veterans and the families of the fallen. The article underlines that effective models combine universal social programmes with targeted services for veterans with disabilities, post-traumatic disorders, and complex family and economic circumstances, and are based on the principles of a “single window” approach, case management, public–private partnership, and the active involvement of veterans’ organizations. Special attention is devoted to approaches that recognize military experience as a resource for leadership, public service, entrepreneurship, and civic engagement, thereby counteracting the marginalisation of veterans. It is demonstrated that for Ukraine, it is particularly relevant to adopt the systemic elements of these models: clear legal definition of veteran status, a continuous “service – demobilisation – reintegration” pathway, integrated e-services, family-centred programmes, and independent monitoring of service quality, while at the same time being critically aware of the risks of fragmentation, bureaucratisation, and a merely formal benefits-based approach that fails to ensure genuine socio-economic adaptation.

Protection of energy resources in the legal mechanism of food security

2026-02-04T23:50:10+02:00

The article is devoted to analyze, evaluate, and propose improvements to the legal mechanism in Ukraine concerning the protection of energy resources to ensure national food security, specifically within the context of Ukrainian national agrarian and protection policy and the ongoing challenges posed by military aggression. The interconnectedness of energy security and food security is a critical, yet often under-examined, factor in the national security calculus of modern states. For Ukraine, a major global agricultural producer currently facing the profound challenges of armed aggression, this nexus has become acutely central to its national agrarian and protection policy. The legal mechanism for ensuring food security must, therefore, explicitly and robustly incorporate provisions for the protection and efficient use of energy resources, which are vital for every stage of the agri-food supply chain. The objectives of the study were: a) critical analysis of existing Ukrainian legislation (e.g., laws on martial law, agriculture, and energy) to identify gaps and inconsistencies in the protection of energy assets critical to the agricultural supply chain; b) to conceptually define the legal link between the protection of energy resources and food security, and to justify why disruptions in the former, under Ukrainian law, pose a fundamental threat to the latter. While Ukraine’s legal framework provides general mechanisms for martial law and critical infrastructure protection, there is a significant legal gap in assigning enhanced, targeted protection status specifically to energy assets essential for the agricultural supply chain. However, the legal framework must fully catch up to ensure these small, distributed assets which are crucial for keeping local food production functional during large-scale grid failure are afforded the necessary legal safeguards, simplified operational procedures, and prioritized fuel (maintenance) access over non-critical commercial users. The methodology of researching legal problems of protection of energy resources in the legal mechanism of food security is based on the provisions of the general scientific dialectical method of scientific knowledge. In addition, were used formal-logical, formal-legal and hermeneutic methods to achieve the research goal.

Crime in the forestry sector: criminology principles

2026-02-04T23:50:08+02:00

The scientific article is devoted to a comprehensive criminological study of illegal activities in the forestry sector, the scale of which is becoming critical in the context of the global ecological crisis. The relevance of the study is due to the processes of climate change, the disappearance of species diversity and the catastrophic consequences of the armed conflict in Ukraine for the natural environment. The authors emphasize the key role of forests in maintaining biospheric balance, and the illegal use of forest resources poses a danger to both the national interests of Ukraine and the survival of civilization. The impact of large-scale hostilities on the country’s forest resources is considered. The concept of forestry as a complex institutional system of social relations, including the exploitation, regeneration, protection and management of forest territories is argued. The functioning of the «forest cartel» is confirmed - a well-coordinated criminal network with numerous corruption mechanisms, support from government structures and foreign channels for the sale of illegal timber. The international scale of forest offenses implemented through combined schemes, where illegal logging is disguised as legal export agreements, is established. The transformation of forestry activities into a profitable business, which contradicts the environmental protection mission defined by forest legislation, is proven. The study reveals the systemic nature of forest crimes as an interdisciplinary phenomenon that combines economic, environmental and organized crime components with elements of political corruption.

The critical need for strengthening transnational partnerships, transforming forest asset management mechanisms, eliminating corrupt practices and reorienting the forestry sector from commercial profit to environmental responsibility is emphasized. It is proposed to consider environmental challenges as a factor in the loss of sovereignty, which requires a global approach to solving the problem in the context of preserving the vital functions of the planetary ecosystem and protecting the rights of future generations to exist.

Administrative procedure as a catalyst for change in professional valuation activity in Ukraine

2026-02-05T00:02:19+02:00

The article analyzes the impact of the Law of Ukraine “On Administrative Procedure” (LAP) on the transformation of professional valuation activity in Ukraine. It is noted that the entry into force of the LAP in 2023 and its integration into the special legislation on property valuation in 2024 became a catalyst for unifying the procedures of interaction between the regulator (the State Property Fund of Ukraine) and the subjects of valuation activity, shifting the sphere from fragmented oversight to a system of public-law guarantees.

The key innovations of the LAP are examined, including the definition of an administrative act, the stages of administrative proceedings (initiation, preparation, consideration, adoption, and execution), as well as the principles of the rule of law, reasonableness, proportionality, and officiality. It is emphasized that these norms apply to the SPFU’s decisions regarding the issuance or revocation of certificates, qualification attestations, and the review of valuation reports, ensuring participants’ rights to access case materials, receive reasoned decisions, and appeal them. The role of the LAP as a subsidiary act harmonizing sectoral regulation, reducing corruption risks, and aligning Ukraine with European standards of good governance is highlighted.

It is determined that a significant aspect of reform is the implementation of a unified mechanism for administrative appeal (30-day time limit, reasoned decision), automation of proceedings and digitalization (electronic registers, automated valuation services), as well as the stimulation of the appraisers’ qualification reform through Draft Law No. 13435 on the transition to international standards. The article analyzes implementation challenges such as bureaucratization, reissuance of certificates in 2025, division of competencies with self-regulatory organizations, digitalization challenges, and the balance between freedom of contract and imperative regulation.

It is argued that the LAP fundamentally changes the paradigm of valuation activity, transforming it into a service-oriented model focused on transparency and rights protection, despite wartime and resource constraints. The article proposes solutions including the development of specialized methodologies, certification of algorithms, dialogue with the professional community, and updating of subordinate acts to ensure the effectiveness of the reform.

Anti-corruption legislation in the Romano-Germanian legal family: a comparative approach

2026-02-05T00:08:08+02:00

The article contains a detailed comparative analysis of anti-corruption legislation in countries belonging to the Romano-Germanic legal family. It highlights and discusses the main approaches to the formation of the regulatory framework for corruption, as well as the common features and peculiarities of legislative regulation in various jurisdictions of continental law. Considerable attention is paid to the structure of anti-corruption legislation, which demonstrates a codified approach and hierarchy in the construction of regulatory acts.

Institutional mechanisms ensure the implementation of anti-corruption legislation, including specialised anti-corruption bodies, their powers and interaction with other elements of the law enforcement system. The experience of Germany, France, Italy, Spain and other European countries in creating effective organisational structures to combat corruption is analysed.

The results of the study identify the main trends in the further strengthening of anti-corruption legislation in countries of the Romano-Germanic legal family. These trends are defined as strengthening the preventive component in further development, digitisation of control mechanisms and expansion of international cooperation.

Contractual relations regarding the use of objects in the fashion industry

2026-02-05T00:25:08+02:00

This article examines the legal regulation of contractual relations in the fashion industry, one of the key sectors of the creative economy, where intellectual property constitutes the primary asset and source of commercial value. The fashion industry encompasses the production, promotion, and sale of clothing, accessories, cosmetics, and other fashion-related goods, which requires comprehensive legal support. The study focuses on the significance of contractual models governing relationships between designers, brands, manufacturers, and distributors, as well as the specifics of license agreements and franchise agreements.

The article emphasizes that contracts in the fashion industry are not merely formal instruments for structuring legal relations but also serve as key mechanisms for commercializing creative outputs. Particular attention is paid to contracts involving the use of intellectual property rights, including copyrights, industrial designs, trademarks, patents, and other intellectual property objects. License agreements in the fashion sector are analyzed in detail, including mandatory provisions such as the subject of the license, exclusivity, territorial scope, duration, royalties, compliance with brand standards, sublicensing, restrictions on design modifications, and more. Examples of licenses used by prominent global brands such as Gucci, Louis Vuitton, Nike, and Adidas are provided.

Licensing in the fashion industry is shown to be a strategic tool for market expansion, product line diversification, and revenue generation. In the Ukrainian legal context, the absence of specialized legislation addressing the specifics of the fashion industry is noted. Despite the existence of general norms in the Civil and Commercial Codes, legal regulation remains fragmented and insufficiently adapted to the dynamic and global nature of the industry, creating risks for market participants, complicating rights protection, and fostering legal uncertainty.

The article concludes by highlighting the need for developing specialized legal recommendations, standardized contractual models, and improvements in legislation governing the fashion business.

Financing of private higher education institutions: administrative and legal features

2026-02-05T00:25:07+02:00

The article examines the administrative and legal features of financing private higher education institutions, which is an important direction in the development of the modern higher education system of Ukraine. Particular attention is paid to the issues of interaction between private higher education institutions and the state in the process of obtaining financial support, because traditionally the private education sector was considered as one that functions mainly at the expense of founders’ funds and tuition fees. However, current trends in the field of educational policy indicate the need to form transparent and fair mechanisms for state funding for all institutions, regardless of their form of ownership, especially in connection with the expansion of social guarantees and support programs for education seekers.

The paper examines the mechanisms of state regulation and control of the activities of private higher education institutions, in particular, licensing of educational programs, accreditation procedures, financial monitoring, compliance with educational standards and transparency of financial reporting. The legal grounds and conditions under which private institutions can apply for state funding are analyzed: participation in budget programs, receipt of funds for the implementation of targeted educational projects, grants, state orders or certificate funding. The procedures for the distribution of financial resources are separately disclosed, emphasizing the need to ensure competition and equality of rights of private higher education institutions compared to public ones.

An important component of the study is the coverage of the specifics of administrative disputes in the field of financing private institutions. In particular, typical conflicts that arise between private HEIs and state authorities regarding the distribution of budget funds, the legality of inspections, appealing the results of accreditation or denial of access to financial programs are considered. The author justifies the need to improve the regulatory framework in order to ensure equal conditions for the functioning of institutions of different forms of ownership, increase the transparency of procedures and minimize the grounds for disputes, which will be a significant step towards the formation of an effective and fair system of financing higher education in Ukraine.

Taxes and human rights: how to ensure a balance between the state and the payer

2026-02-05T00:33:08+02:00

The article reveals in detail the connection between taxation and human rights in Ukraine, with an emphasis on the balance of interests of the state and taxpayers in the conditions of martial law, introduced in accordance with Presidential Decree No. 64/2022 of February 24, 2022. The constitutional principles are analyzed in accordance with Art. 67 of the Constitution of Ukraine (hereinafter - KU), the principles of tax law, as well as international standards used in the study, namely: Art. 8 of the European Convention on Human Rights. The tax-legal compromise is discussed as a mechanism for regulating taxes between public, social and private interests, by strengthening tax assessment to ensure defense capability, for example: increasing the military levy to 5% from January 1, 2025, resuming inspections for individual entrepreneurs, digitalization and electronic audit in accordance with Laws No. 4113-IX and No. 4536-IX. The risks of rights violations (e.g., the case of Intersplav v. Ukraine, ECHR), proportionality of state intervention, and the need for transparency are highlighted. The conclusions emphasize the need for balance for social stability, with prospects for further research into the impact of reforms on human rights, comparative analysis with countries in conflict, and the role of digitalization in anti-corruption.

Tasks of information and criminological support for police activities

2026-02-05T00:33:16+02:00

The article provides a comprehensive analysis of the tasks of information and criminological support for police activities. The object of the study is social relations in the field of crime prevention as a result of the police performing their functions. The subject of the study is the theoretical foundations, mechanism, content, and forms of information and criminological support for the activities of the National Police in preventing criminal offenses. The methodological basis of the study is based on dialectical and systematic methods of cognition of social phenomena and related criminological patterns. It is noted that information and criminological support for police activities should be understood as the cognitive, creative work of relevant officials, which is research-oriented and aimed at collecting, processing, and issuing information for management needs, identifying positive and negative trends in law enforcement activities using scientific methods, establishing causal links to influence the bodies and units of the National Police in solving the tasks of prevention, detection, and investigation of crimes. Crime prevention by the bodies and units of the National Police is a social process based on the application of special methods and techniques, in accordance with the requirements of legality, knowledge, and skills in regulating social relations, with the aim of eliminating the negative consequences that may lead to the commission of criminal offenses. The specific features of operational and investigative support for police actions to prevent and detect offences under martial law are: a change in the priority tasks and functions of operational and investigative activities; an increase in their number and scope; a change in the temporal and spatial boundaries of operational and investigative support; alignment of the structural framework with the tasks and functions that arise; involvement of additional and interacting forces and means; use of all forms, methods, forces, and means of operational-investigative activities, taking into account the specifics of the operational situation.

National and cross-border security as legal categories: theoretical and legal analysis

2026-02-05T00:41:26+02:00

The article examines the concepts of “national security” and “cross-border security” as legal categories in the context of global security transformation. The relevance is determined by Russia’s full-scale aggression against Ukraine, which fundamentally changed European security architecture and necessitated rethinking theoretical foundations of ensuring national and regional stability.

Cross-border security is defined as an independent legal category occupying an intermediate position between national and regional security levels. Its complex nature is substantiated, encompassing political, scientific-technological, environmental, humanitarian, and demographic components. A distinction between “cross-border security” and “security of cross-border cooperation” is proposed, proving that ensuring cross-border security is a prerequisite for intensifying economic, social and cultural ties between border regions of neighboring states.

Conducting a search in conditions of tactical risk during the investigation of criminal offences, in accordance with related to state guarantees for the functioning of the healthcare sector

2026-02-05T00:41:32+02:00

This scientific article examines issues related to conducting searches in conditions of tactical risk during the investigation of criminal offences related to state provision of healthcare services. Based on the opinions of prominent scholars and the provisions of legislation, the procedural essence of a search and its significance as one of the main means of obtaining evidence in criminal proceedings of this category are revealed. Typical search objects, characteristic forms of resistance on the part of suspects and the defence, as well as behavioural patterns of persons being searched are analysed.

Particular attention is paid to tactical risks arising during searches and factors affecting their effectiveness, in particular, surprise, timing, and the level of professional training of investigators and operatives. Scientific approaches to the classification of types of searches and tactical situations arising during their implementation are summarised. Practical recommendations are formulated for organising and conducting searches in conditions of increased resistance in order to minimise tactical risks, ensure the safety of participants in investigative actions, and respect human rights.

Certain features of the implementation of the principles of administrative law in the law-enforcement activity of public administration

2026-02-05T00:48:17+02:00

The article examines the implementation of the principles of administrative law in the law-enforcement activity of public administration, with a focus on their practical significance in situations of legal uncertainty. It is substantiated that these principles function as normative and value-based guidelines that ensure uniform interpretation of administrative-law provisions, increase the predictability of administrative decisions, and prevent arbitrariness in law enforcement. It is demonstrated that, where legislative gaps and inconsistencies exist, the principles acquire an enhanced regulatory role, as they enable administrative bodies and courts to reasonably individualize legal rules by combining the formal certainty of law with its value foundations and by ensuring a rational balance between public and private interests. Particular attention is paid to conflict-of-law principles as an instrument for overcoming normative conflicts. On the basis of doctrinal positions and judicial practice, the article clarifies the approach under which a special rule prevails over a general one (lex specialis derogat generali), and outlines criteria for distinguishing special regulation as well as for combining substantive and temporal approaches in cases of conflict. It is emphasized that the principles also define the limits of discretionary powers by shaping standards for discretion and accountability of public administration. The article concludes that further specialized research is needed on the mechanisms for the practical implementation of principles in administrative procedures and in the control of the legality of administrative decisions.

The functional purpose of the judiciary in the system of checks and balances

2026-02-05T00:48:19+02:00

The article analyzes the system of checks and balances as a fundamental principle of the organization of state power and determines the role of the judiciary in the mechanism of ensuring the balance between the branches of power. It is substantiated that the system of checks and balances is a set of legislatively established powers, means and procedures, the main task of which is to prevent the dominance of one branch of power over another.

The special place of the judiciary in the mechanism of checks and balances is determined. It is argued that the judiciary acts as a guarantor of balance between the legislative and executive branches of power, ensuring the functioning of the state mechanism on the basis of the rule of law. The specific features of the judiciary are analyzed, in particular organizational separation, the functions of constitutional supervision and judicial control over the legality of the activities of other branches of power.

It is substantiated that the independence of the judiciary is a fundamental prerequisite for the effective implementation of its restraining function. Guarantees of such independence are defined: the binding nature of court decisions, legal liability for their non-execution, and compliance with legislative requirements regarding judicial procedures. It is emphasized that compliance with the principle of judicial independence is a guarantee of fairness of justice and contributes to the establishment of Ukraine as a democratic state based on the rule of law.