Visegrad Journal on Human Rights

Human and citizen rights and freedoms in the administrative-law framework of Ukraine

2026-05-21T23:22:11+03:00

The article provides a comprehensive doctrinal analysis of human and citizen rights and freedoms within the administrative-law framework of Ukraine, which is shaped by constitutional provisions, contemporary trends in the development of public administration, and challenges associated with martial law and transformations in the national security sector. It is established that administrative law is not merely a branch designed to organize the functioning of the executive power, but also one of the key instruments for ensuring, safeguarding, and restoring an individual’s legal status under the operation of public-authority mechanisms. The philosophical, methodological, and normative dimensions of protecting individual rights in the sphere of public administration are examined, including the categories of administrative procedure, discretion, legal risk, preventive activity, and state coercion.

Special attention is devoted to shaping a balance between the human-centered nature of the constitutional order and the socio-centered needs of public authority under threats to national security. It is demonstrated that the mechanisms of administrative law ensure the integrity of this balance through procedures of legal certainty, proportionality, reasoned decision-making, accountability, and accessibility of legal protection. The role of institutions of administrative liability and judicial review as elements of guaranteeing human rights in interactions with executive authorities is analyzed.

It is generalized that modern administrative law of Ukraine forms a space in which public authority is obliged to act on the basis of law and in the interests of the individual. Under wartime conditions, this space acquires additional substance, becoming a sphere for protecting life, freedom, security, dignity, and the social resilience of citizens. The article develops an authorial concept of the administrative-law provision of rights and freedoms, combining doctrine, legislative provisions, and the practical needs of state-building.

Right to medical autonomy: refusal of treatment as an element of personal freedom

2026-05-21T23:28:00+03:00

The right to refuse medical treatment represents one of the most complex intersections of personal freedom, medical ethics, and legal regulation. This article examines the theoretical and legal foundations of the patient’s right to refuse medical intervention, tracing its evolution from paternalistic medical practice to the modern autonomy-centered paradigm. Drawing on international legal instruments, including the Oviedo Convention and the Charter of Fundamental Rights of the European Union, as well as the case law of the European Court of Human Rights, notably the Grand Chamber’s decision in Pindo Mulla v. Spain, the article establishes that the right to refuse treatment constitutes an independently recognized subjective right rooted in the principles of personal autonomy, bodily integrity, and human dignity.

The article analyzes the doctrine of informed consent as the legal foundation upon which the right to refuse is built, emphasizing that genuine informed refusal presupposes both awareness and voluntariness. Particular attention is paid to the limits of this right, which are determined by the patient’s legal capacity, the nature of the medical situation, and the legal validity of advance directives. The study further addresses the theoretical tension between patient autonomy and the physician’s duty of beneficence, arguing that these principles are not mutually exclusive: in situations involving a competent patient, autonomous will takes priority, while beneficence is realized through ensuring the quality of the decision-making process rather than overriding the patient’s choice.

A comparative dimension is incorporated through analysis of regulatory approaches in France, Germany, the Netherlands, Italy, the United Kingdom, and Japan, revealing a pan-European doctrinal convergence toward recognizing informed refusal as a legally enforceable right. The article concludes that the absence of a unified legislative mechanism in Ukraine for implementing the right to refuse treatment, coupled with vague legality criteria and gaps in defining medical professionals’ liability, necessitates systematic legal reform aligned with European standards.

Communication as a means of influence on public opinion regarding the assessment of the National Police activities

2026-05-21T23:43:21+03:00

The article examines communication as a means of influencing public opinion regarding the assessment of the National Police activities. The Roadmap on the Rule of Law in the context of Ukraine’s accession to the European Union under Cluster 1 «Fundamentals of the EU Accession Process» provides for reforming the National Police activities with a focus on increasing public trust in the police. One way to strengthen police cooperation with civil society institutions and citizens is to communicate between representatives of the National Police and relevant departments to align police activities with the public need to ensure public safety and order under the legal framework of martial law. This determines the relevance of the research topic. The object of the study is the social relations in the field of communication between departments and officials of the National Police and citizens and civil society institutions in the context of the National Strategy for the Promotion of Civil Society Development in Ukraine for 2021–2026. The subject matter of the study is the legal provisions that regulate communication between the police and civil society institutions. The article analyses the impact of public opinion regarding police activities on the effectiveness of the performance of police duties under the legal regime of martial law, as well as the means and methods of communication of the National Police departments and officials to create a positive public opinion of police activities. Under martial law, the issue of effective communication between departments and officials of the National Police takes on significant importance, requiring the use of new forms and methods of informing the public. It is noted that national legislation lacks provisions setting out possible courses of action when assessing public opinion, particularly in the event of positive or negative public opinion, and, consequently, the effectiveness of the forms and methods of communication used. It is important to counter russia’s information expansion.

Trauma-informed approach in the justice system and international legal standards for the protection of vulnerable persons

2026-05-21T23:48:30+03:00

The present article advances the proposition that the trauma-informed approach (TIA) constitutes, in contemporary international and European human rights law, not merely a professional best practice, but an emerging interpretive and operational framework through which binding obligations concerning the protection of vulnerable victims and witnesses are increasingly implemented. Contemporary justice systems are required not only to investigate and adjudicate cases effectively, but also to ensure that legal proceedings do not reproduce trauma or cause secondary victimisation. Methodologically, the article relies on an integrated legal-psychological analysis, combining doctrinal analysis of international and European legal standards with insights from trauma studies, victimology, vulnerability theory and ECtHR case law.

The article demonstrates that procedural insensitivity, including repeated questioning, victim-blaming reasoning, confrontational examination and failure to provide protective measures, may constitute a measurable and legally cognisable harm. It further argues that the Victims’ Rights Directive, child-friendly justice standards, the Istanbul and Lanzarote Conventions, the Rome Statute, the Murad Code and ECtHR jurisprudence together form a coherent normative basis for trauma-informed justice.

The article identifies key obligations for States and competent authorities, including individual vulnerability assessment, prevention of secondary victimisation, adapted interviewing procedures, professional training and survivor-centred safeguards. The novelty of the article lies in conceptualising the trauma-informed approach as a normative bridge between trauma science, vulnerability theory and international legal standards for the protection of vulnerable persons in justice proceedings.

Development of the protection of environment through criminal law: comparative analysis of the Directives of the European Parliament and of the Council 2008/99/EC and 2024/1203

2026-05-21T23:57:42+03:00

The aim of the work is comparative analysis of the Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (Directive 2008/99/EC) and Directive (EU) 2024/1203 of the European parliament and of the Council of 11 April 2024 on the protection of the environment through criminal law and replacing Directives 2008/99/EC and 2009/123/EC (Directive 2024/1203).

Results of researches focus on consideration of provisions of the Directive 2008/99/EC and Directive 2024/1203, and also an identification of main trends in development of the protection of the environment through criminal law.

It comes to conclusions that it combines trends of Directive 2008/99/EC and original ideas of environmental protection through the criminal law. As the Directive 2008/99/EC Directive 2024/1203 regulates minimal rules of environmental protection through criminal law. At the same time dissimilar to Directive 2008/99/EC Directive 2024/1203 contains new provisions and approaches to impact on domestic criminal law: 1) increasing of the number of kinds of unlawful conduct; 2) obligation to ensure more severe liability for «qualified criminal offences» included conduct is comparable to «ecocide»; 3) criteria for evaluation of damage as substantial – the baseline condition of the affected environment; whether the damage is long-lasting, medium-term or short-term; the extent of the damage; the reversibility of the damage etc.; 4) freedom of national discretion for liability for acts committed negligently; 5) approval of standards for penalties and criminal or non-criminal penalties or measures for natural persons and legal persons (an obligation to restore the environment within a given period, if the damage is reversible; pay compensation for the damage to the environment; withdrawal of permits and authorisations to pursue activities that resulted in the relevant criminal offence; temporary bans on running for public office; etc).

Democracy perception in wartime in Ukraine as an indicator of the democratic transformation

2026-05-22T00:14:09+03:00

The article is devoted to examining the impact of war on the transformation of democratic perception in Ukrainian society through the prism of legal analysis. The full-scale armed aggression of the russian federation against Ukraine has led to significant changes in the functioning of state institutions, the mechanisms for the implementation of human rights and freedoms, and the public understanding of democratic values. Under these circumstances, a reassessment of the role of the constitutional principles such as democracy, the rule of law, popular sovereignty, and guarantees of human rights acquires particular significance. The aim of the article is to analyze democracy perception as a precondition for democratic transformation. Based on this analysis, the markers of the transformation process within the context of the constitutional and legal foundations of the state’s functioning are revealed. The impact of the legal regime of martial law on the implementation of democratic procedures, the activities of public authorities, and the balance between ensuring national security and safeguarding constitutional human rights and freedoms are highlighted.

The research is based on a mixed-methods design. Transformation peculiarities of public perception of democracy and its multi-facets are looked into through the data of sociological surveys (quantitative component), as well as doctrinal analysis of regulatory framework and case law in order to provide a comprehensive understanding of the subject matter.

It is concluded that the war has become not only an indicator of limiting certain democratic procedures, but also a catalyst for rethinking democratic values and constitutional principles within society. The constitutional and legal dimension of this process lies in the search for an optimal balance between the need for the effective functioning of public authorities under martial law and the preservation of the fundamental principles of the democratic constitutional order.

Types of wills: a comparative legal analysis

2026-05-22T00:24:36+03:00

The article states that by means of a will, a person (the testator) can determine in advance the disposition of all or part of their property and thereby avoid a number of problems in the future. The right to make a will may be exercised throughout a person’s lifetime and includes both the right to draft one or more wills and the right to amend or revoke them.

The purpose of this study is to conduct a comparative legal analysis of the types of wills under the civil laws of Ukraine and certain European countries, and to identify common and distinguishing features based on the analyzed legislation.

The methodology of this study involves a comprehensive analysis of the civil legislation of Ukraine, the United Kingdom, Germany, Italy, France, and Poland, specifically focusing on the provisions of inheritance law regarding the types of wills and their characteristics. The study employs an analysis of legal literature, particularly civil codes, as well as comparative and systemic approaches to the examination of will types.

It is noted that the civil legislation of each country defines its own specific features regarding wills, which may share common traits with Ukrainian law or be radically different, incomprehensible, or even strange. At the same time, however, wills play an important role in the institution of inheritance law, and the experience of foreign countries can be useful in the process of reforming national civil legislation.

The article provides a detailed analysis of the legislation of foreign countries, and based on the results of this legal analysis, conclusions are drawn regarding the common and distinguishing features of existing classifications of wills. It is noted that the classification of wills in the Civil Code of Ukraine differs most radically from that of the United Kingdom. The existence of trust wills, living wills, and statutory wills is particularly uncommon in our legal system. Furthermore, holographic wills are absent in Ukraine (unlike in Poland, Germany, France, and Italy), and there is no practical need to introduce them. Notarized wills – also known as public wills – are characteristic of all the countries studied, as well as Ukraine. Another common feature is the existence of joint wills and secret wills.

European (Swedish) anti-corruption model: institutional and legal framework

2026-05-22T00:24:52+03:00

The aim of the work is to identify the features of the institutional and legal foundations of the European (Swedish) anti-corruption model and to assess the possibilities of its application in Ukraine.

The methodological basis of the study includes general scientific and special legal methods, in particular analysis, synthesis, comparative legal method. The research is based on the study of scientific publications of domestic and foreign scholars, as well as regulatory acts of the EU and Sweden in the field of anti-corruption and whistleblower protection.

Results. It has been established that the European (Swedish) anti-corruption model belongs to preventive (horizontal) models and is focused on eliminating the preconditions for corruption rather than solely combating its consequences. It combines legal, institutional, and social mechanisms to create an environment intolerant of corruption. Key features include transparency in public administration, effective public oversight, citizen participation in decision-making, high ethical standards for officials, and an independent judiciary. A central role is played by whistleblower protection, which has deep historical roots in Sweden and evolved from guarantees of freedom of expression and access to public information. Modern regulation, aligned with EU standards and Directive (EU) 2019/1937, significantly expanded protection, introduced diversified reporting channels, broadened the range of protected persons, and simplified protection through the concept of public interest. The effectiveness of this mechanism relies not only on legal guarantees but also on its interaction with public oversight, including the active role of the media. Certain shortcomings remain, such as limitations on compensation for whistleblowers and unclear sanctions for obstructing reporting or retaliation.

Conclusions. The Swedish experience demonstrates that effective anti-corruption policy is based on a comprehensive approach that combines legal regulation with a high level of public trust and active societal control. Certain elements of this model, particularly in the areas of transparency, digitalization, and whistleblower protection, can be adapted in Ukraine, taking into account national specificities.

Administrative and legal support for access to the notary profession in Ukraine

2026-05-23T23:39:15+03:00

The aim of the work is to comprehensively study the administrative and legal support for access to the notary profession in Ukraine, to clarify the content of the relevant legal and organizational mechanisms, and to identify the problems and prospects for improving state regulation in this area. The methodological basis of the study consists of general scientific and special legal methods of cognition, in particular the formal legal, systemic and structural, logical-semantic, comparative legal, and functional methods.

Results. The article establishes that access to the notary profession in Ukraine is a complex administrative and legal mechanism covering a system of legally established requirements for a person, internship procedures, passing a qualification examination, obtaining a certificate granting the right to engage in notarial activity, and organizational admission to professional activity. It is substantiated that the effectiveness of such a mechanism directly affects the quality of notarial services, the level of legal certainty in civil circulation, and public trust in the notariat as a publicly significant legal institution. It is determined that an important role in ensuring access to the notary profession is played by state authorities, primarily the Ministry of Justice of Ukraine, which perform managerial, coordinating, and control functions in this area. At the same time, a number of problems have been identified related to the need to increase the transparency of administrative procedures, ensure the objectivity of professional selection, improve the criteria for assessing candidates’ professional readiness, and strengthen guarantees of equal access to the profession.

Ensuring the right to adequate food under martial law in Ukraine

2026-05-23T23:44:50+03:00

The article clarifies the nature and content of the right to adequate food, the specifics of its enshrining in international legal acts and national legislation, and also reveals the peculiarities of ensuring compliance with the right to adequate food under martial law in Ukraine. The right to adequate food is considered as the possibility for everyone to have free, stable economic and physical access to high-quality and safe food in quantities necessary and sufficient to fully satisfy a person’s physiological needs for food, considering his age, health status, dietary needs, as well as religious, ethnic, and cultural preferences. As a component of the right to an adequate standard of living, the right to adequate food is a basic natural human right and has priority in guaranteeing the right to an adequate standard of living, compared to clothing or housing. After all, a person cannot exist without food, and insufficient food negatively affects health and can pose a threat to human life. The article finds that during martial law in Ukraine, the right to adequate food remains fundamental, ensuring access to sufficient and high-quality food as a component of the right to life and a decent standard of living. The observance of the right to adequate food under martial law in Ukraine is ensured by: the state’s internal function of guaranteeing food security, creating an economic and legal mechanism for safe and balanced nutrition for children in educational institutions, providing adequate nutrition for defenders of Ukraine, as well as nutrition for internally displaced persons, ensuring uninterrupted supply of imported food and feed, simplifying food labeling, preventing shortages of food for domestic consumption, and providing state support for agricultural producers under martial law.

Legal status of the posthuman: philosophical and legal principles of transhumanism

2026-05-23T23:55:35+03:00

Transhumanism, as both a philosophical movement and an emerging social practice, poses fundamental challenges to the foundational premises of contemporary legal science. This article examines transhumanism as a philosophical and legal category, tracing its intellectual genesis from Julian Huxley’s 1957 formulation through the organizational and doctrinal contributions of Max More, Nick Bostrom, and Natasha Vita-More in the 1990s, to its present-day legal manifestations in neurotechnology, genetic engineering, and artificial intelligence. The article argues that transhumanism cannot be adequately situated within the traditional framework of either natural or positive law, but instead constitutes a distinct legal problem that requires systematic theoretical elaboration. Drawing on the liberal tradition of personal autonomy, the Thomistic natural law framework, and the emerging doctrine of neurorights, the study analyses how transhumanist ideas challenge the anthropological premises of human rights law, in particular, the principles of human equality, dignity, and bodily integrity, and how legal science may respond to those challenges without abandoning its anthropocentric foundations.

The article further examines concrete legal manifestations of the transhumanist challenge: the question of the legal status of the posthuman, the privacy implications of neural implants, the unresolved liability framework for genetic modifications, and the regulatory vacuum exposed by the He Jiankui case. The study proposes a multi-level regulatory framework, spanning international, regional, national, and corporate levels, grounded in the principles of proportionality, non-discrimination, reversibility of interventions, and the preservation of legal anthropocentrism. It concludes that legal anthropology faces a fundamental choice between an anthropocentric strategy, which accommodates technologically enhanced individuals within an expanded concept of the human, and a post-anthropocentric paradigm, in which legal personhood is determined by cognitive and moral competence rather than species membership. The first strategy is assessed as more legally secure in the short term; the second as potentially more just in the longer term, though requiring a foundational reconceptualization of legal subjectivity.

State registrars in the context of financial monitoring in Ukraine

2026-05-23T23:55:33+03:00

This research paper presents a comprehensive study of the institutional status and functional role of state registrars within the national system for preventing and combating the laundering of proceeds from criminal activities. The relevance of the topic stems from the need to transform the activities of registrars from a technical process of recording legal facts into an effective tool of preventive financial monitoring. The author highlights the existence of an ‘institutional vacuum’ whereby state registrars, whilst being on the ‘front line’ of control during the establishment of business entities, are not, de jure, granted the status of primary financial monitoring entities, which limits their ability to detect signs of fictitious business at the pre-transaction stage.

The paper provides a thorough analysis of the current regulatory framework, in particular the Law of Ukraine “On Prevention and Counteraction to Legalisation (Laundering) of Criminal Proceeds, Terrorist Financing and Financing of Proliferation of Weapons of Mass Destruction” and legislation in the field of state registration. A causal link has been established between the inadequacy of procedures for identifying high-risk individuals and the growth of the shadow economy. Based on an analysis of practical case studies and data from open sources (in particular, the Opendatabot platform), the paper highlights schemes involving the use of ‘nominee services’, the mass registration of business entities under a single individual, and ‘business fragmentation’ for the purpose of minimisation of the tax burden.

Particular attention has been paid to a critical analysis of the provisions of the National Revenue Strategy for 2024–2030, specifically regarding the potential introduction of value added tax for individual entrepreneurs. The risks that such changes would pose to small businesses have also been assessed. The academic novelty of the research lies in the development of specific proposals for amending Ukrainian legislation with the aim of granting state registrars the status of primary financial monitoring entities and integrating their activities with the databases of the State Tax Service and the National Bank of Ukraine.

The author argues that the introduction of a risk-based approach at the stage of state registration will shift the focus of control from the banking sector to the stage of establishing business operations, thereby ensuring transparency in the business environment and enhancing the country’s economic security. Recommendations have been formulated regarding the creation of a unified digital platform for interaction between the Ministry of Justice of Ukraine, tax authorities and the banking sector to enable the rapid identification of ‘shell companies’ and prevent the exploitation of vulnerable groups of population in unlawful financial schemes.

Protection of human rights in the context of implementing algorithmic technologies in pre-trial investigation

2026-05-24T00:06:09+03:00

This article provides a comprehensive and multi-layered analysis of the theoretical, legal, doctrinal, and ethical challenges determined by the systemic integration of algorithmic solutions and artificial intelligence (AI) technologies into the architecture of the modern criminal justice system. The author posits that the digital transformation of pre-trial investigation and judicial proceedings has catalyzed a fundamental ontological conflict between the paradigm of technological determinism – which prioritizes the maximization of procedural efficiency through the automated processing of vast datasets – and the classical anthropocentric legal paradigm, which asserts the absolute priority of fundamental human rights, individual agency, and personhood. This tension necessitates a radical re-evaluation of the conceptual foundations of criminal procedure in the era of the Fourth Industrial Revolution.

The research focuses on the epistemological risks inherent in the use of “black-box” algorithms within law enforcement, where the opacity of mathematical models utilized in predictive policing and recidivism risk assessment systems threatens the core principle of legal certainty. The author substantiates the necessity of a conceptual transition toward a new doctrine of “digital humanism.” This doctrine is envisioned as a sophisticated synthesis of institutional legal safeguards and ethical engineering filters, implemented through the innovative framework of “Ethics by Design.” It is argued that ethical norms must be embedded directly into technical protocols and the underlying source code of software utilized in criminal proceedings, thereby transforming algorithmic architecture into an accountable and transparent tool of justice rather than a self-governing entity.

A pivotal component of this study is the critical examination of the mathematical and socio-legal limitations of equity in automation. Specifically, the article explores the “Kleinberg-Chouldechova impossibility theorem of fairness,” which demonstrates that different definitions of algorithmic equity – such as calibration, predictive parity, and error rate balance – are mathematically incompatible under certain conditions. The author argues that this theorem serves as a crucial warning against over-reliance on purely technical solutions to social bias. It underscores the fact that achieving “fairness” in a criminal justice context is not merely a computational task but a profound political and legal choice that requires human judgment to navigate the inherent trade-offs between competing metrics of equality.

Furthermore, the article addresses the transformative evolution of conventional human rights in the digital age. The author provides a detailed analysis of the genesis and substantive content of the “right to an explanation” regarding algorithmic logic, which is emerging as an indispensable condition for ensuring the right to a fair trial. It is demonstrated that without the ability of the defense to verify, challenge, and rebut algorithmic outputs, the adversarial character of the judicial process is fundamentally compromised. Additionally, the study investigates the persistent problem of algorithmic bias arising from the use of unrepresentative or historically skewed training data. The author asserts that protection against “automated stigmatization” must attain the status of a specialized procedural guarantee to prevent the perpetuation of systemic social prejudices through seemingly objective digital instruments.

In its concluding remarks, the article emphasizes that the legitimacy of innovative investigation and adjudication depends not on the technical perfection of algorithms, but on the legal system’s capacity to ensure meaningful human oversight – the “human-in-the-loop” principle. The author concludes that the future of criminal procedural doctrine must focus on enhancing the transparency, explainability, and auditability of algorithmic systems. This study holds theoretical significance for the development of legal doctrine in the digital epoch and offers practical insights for the establishment of rigorous validation standards for forensic and investigative software, ensuring that technological progress serves the interests of truth and human dignity.

Social entrepreneurship: legal dimension

2026-05-24T00:06:20+03:00

Social entrepreneurship has emerged as one of the most significant hybrid phenomena at the intersection of commercial activity, civil society, and public policy, yet its legal regulation remains fragmented, conceptually contested, and structurally inadequate across most jurisdictions. This article conducts a comparative legal analysis of the principal models of legal and regulatory treatment of social enterprises, examining the social cooperative model as exemplified by Italy and Belgium, the special law model as implemented in Malta and Cyprus, and the integration model characteristic of Spain and France. Particular attention is devoted to two of the most influential common law constructs, the British Community Interest Company and the American benefit corporation, whose contrasting approaches to the balance between entrepreneurial freedom and the credibility of social identity reveal a fundamental regulatory choice that legislators worldwide are compelled to confront. The article further examines the OECD’s 2022 Guide on designing legal frameworks for social enterprises and the EU Social Economy Action Plan (2021) as the principal international benchmarks against which national regulatory systems are assessed, identifying the systemic obstacles to effective regulation identified in the comparative literature: definitional vagueness, competing regulatory requirements, absence of standardized social impact assessment, and the risk of “purpose-washing.”

Against this comparative background, the article analyses the current state of Ukrainian legislation on social enterprises, including the Law of Ukraine “On Social Enterprises” (No. 2710-IX of 2022), and assesses its conformity with EU standards and the obligations arising from Ukraine’s candidate status and the Association Agreement. The study argues that the most appropriate regulatory model for Ukraine is the legal qualification model, which enables organizations of any existing form to acquire social enterprise status upon meeting established criteria, without requiring reorganization into a new legal entity. Drawing on the CIC experience, the article contends that the effectiveness of such a model depends critically on the introduction of mandatory annual reporting, an independent supervisory mechanism, and a prior public interest test — instruments that significantly reduce the risk of purpose-washing and enhance institutional legitimacy. The adoption of a dedicated law on social enterprises incorporating these elements is identified as a priority task of Ukraine’s economic and legal reform agenda.

Legal regulation of environmental education: problems and ways of improvement

2026-05-24T00:15:26+03:00

The article studies the institute of environmental education and analyzes the problems of its legal regulation in the context of adapting the norms of Ukrainian legislation to EU legislation and in the context of compliance with the goals of sustainable development.

It is noted that environmental education is one of the significant factors in ensuring human safety and forming its environmental awareness. The article defines the goal of environmental education, which is to form an ecological culture, ecological thinking and the formation of environmental awareness, based on the attitude towards nature as a unique value.

The features of the institute of environmental education in Ukraine and the EU countries and its legal regulation are studied. It is proved that in the EU countries, environmental education is one of the priority areas, developing in accordance with the provisions of the “European Green Deal”.

It is noted that environmental education in Ukraine is part of the national education system and aimed at harmonization with EU norms and in accordance with the goals of sustainable development. It was concluded that the institution of environmental education is not sufficiently regulated by national legislation, is fragmentary in nature and requires improvement through the adoption of a separate regulatory legal act: the Law of Ukraine “On Environmental Education”.

Improvement of Ukrainian land legislation in the context of compliance with sustainable development goals

2026-05-24T00:22:17+03:00

The article examines the problems of legal regulation of land protection and rational use in the context of compliance with the goals of sustainable development and establishing provisions for their improvement.

The state of land resources of Ukraine and their significance for the country’s economy and its food security are studied. It is noted that land, as a special natural resource, requires measures for protection and rational use. The need to maintain a significant level of balanced (sustainable) environmental development is proven, in which the state of land resources would comply with all relevant norms and standards. It is noted that today, due to the military aggression of the Russian Federation, agricultural lands have been significantly contaminated with explosive objects and toxic substances and require the application of special measures for the safety of their use.

The goals of sustainable development are analyzed, namely: overcoming poverty; overcoming hunger, achieving food security, which are guidelines for the development of draft forecast and program documents, draft regulatory legal acts. It is noted that for the practical implementation of sustainable development goals, it is necessary to apply effective mechanisms and methods, as well as develop appropriate regulatory and legal regulation in the field of land relations. It is noted that in order to ensure that the norms of Ukrainian land legislation comply with the goals of sustainable development and in the context of adapting national legislation to EU legislation, it seems appropriate to improve the norms of legislation on the protection of land, especially agricultural land, land affected by pollutants and soils from the hostilities of the Russian Federation, the aggressor state, as well as to strengthen control and supervisory activities for the protection and rational use of land resources.

The impact of the prohibition of the threat or use of force on wartime diplomacy in international law

2026-05-24T20:29:22+03:00

This article examines the impact of the principle prohibiting the threat or use of force on the content, limits, and functions of wartime diplomacy in contemporary international law. The relevance of the topic stems from the fact that, in the context of modern armed conflicts, hybrid forms of confrontation, coercive diplomatic signalling, and expansive interpretations of the right of self-defence, the place of diplomacy in situations involving the threat or actual use of force has become increasingly contested. This issue is especially significant against the background of the Russian Federation’s armed aggression against Ukraine, as well as within broader trends in contemporary international practice, where diplomatic pressure, demonstrations of force, and legal justifications for the use of force are ever more frequently intertwined.

The choice of topic is also conditioned by the fact that wartime diplomacy remains an underexplored phenomenon in international legal doctrine. Despite the substantial body of scholarship devoted to the prohibition of the use of force, the right of self-defence, jus ad bellum, and the mechanisms for maintaining international peace and security, insufficient attention has been paid to the question of how precisely the principle prohibiting the threat or use of force shapes the normative boundaries of wartime diplomacy. The article argues that wartime diplomacy should be regarded not merely as a practical instrument of communication in conditions of armed conflict, but also as a distinct form of diplomatic activity whose lawfulness and functional purpose are determined by the logic of Article 2 and Article 51 of the UN Charter. The study seeks to deepen the doctrinal understanding of wartime diplomacy, clarify its place within the system of international law, and outline promising directions for further research in this field.

Sanctions and judicial review in Ukraine: limits of judicial discretion and protection of human rights

2026-05-24T20:29:21+03:00

Sanctions in Ukrainian law serve as a special instrument of the state’s response to threats to national security, sovereignty, and economic interests. The normative basis of the sanctions mechanism is formed by the Law of Ukraine «On Sanctions» of 14 August 2014 No. 1644-VII (hereinafter – the Law) [1], which defines sanctions as special economic and other restrictive measures applied for the purpose of protecting national interests, national security, and the territorial integrity of Ukraine (Art. 1). The mechanism of their application has a complex character and includes a preparatory stage (formation of proposals on the application of sanctions by the entities defined in Part 1 of Art. 5 of the Law, in particular the Cabinet of Ministers of Ukraine, the Security Service of Ukraine, and the National Bank of Ukraine), the adoption of a decision by the National Security and Defense Council of Ukraine (hereinafter – the NSDC), and its enactment by a decree of the President of Ukraine, as well as further judicial review of the relevant acts [1].

The relevance of the study is due to the fact that sanctions, being an instrument for ensuring public interests, simultaneously have a significant impact on human rights and freedoms, in particular the right to property and the right to effective judicial protection.

The aim of the work is to conduct a comprehensive analysis of the mechanism of judicial appeal against sanctions in Ukraine from the perspective of determining the limits of judicial review, identifying its restrictions, and assessing the effectiveness of the protection of individual rights.

The methodological basis of the study consists of the formal legal method used for the analysis of legislative provisions, a systematic approach to the consideration of the sanctions mechanism as an integral legal construction, as well as the comparative legal method for comparing national practice with European standards of human rights protection.

Results of the study show that judicial review of the application of sanctions in Ukraine has a limited nature and is mainly reduced to verifying the formal legality of acts of the President of Ukraine without proper assessment of their substantiation and evidentiary basis. It has been found that the absence of a full-fledged examination of the factual grounds for the application of sanctions, as well as the use of lowered standards of proof in cases concerning the recovery of assets to state revenue, create risks of violation of the right to a fair trial and the right to property.

Moral and psychological factors in the determinative system of crime in tourism sector

2026-05-24T23:23:54+03:00

The article examines the moral and psychological determinants of criminal behavior within the tourism sector in the context of contemporary criminological theory. Based on classical and modern criminological concepts, as well as interdisciplinary research in moral psychology, the study analyzes the interaction between socio-economic, legal, and ethical factors in the formation of criminal motivation. Particular attention is paid to the role of moral emotions (shame, guilt, empathy), value orientations, and individual psychological characteristics that influence a person’s readiness to engage in unlawful conduct.

The research emphasizes the specific nature of tourism as a social sphere characterized by increased victim vulnerability due to psychological states associated with leisure, reduced critical perception, and heightened trust. Simultaneously, the moral deformation of offenders, including the erosion of social responsibility and the prioritization of material gain, creates favorable conditions for economically motivated and violent crimes within tourism.

Drawing on contemporary international studies on morality and crime, as well as criminological theories of situational action and victimology, the article substantiates the systemic role of moral and psychological factors in the mechanism of crime determination. It argues that effective crime prevention in the tourism sector requires not only legal and organizational measures but also the development of moral culture, ethical standards in business practices, and victimological awareness among tourists.

The paper concludes by highlighting the need for an integrative criminological model that incorporates moral-psychological, socio-economic, and victimological components in order to enhance preventive strategies at both national and international levels, particularly in the context of globalization and transnational security challenges in tourism.

Contracts in the field of disposal of property rights to objects of related rights under the legislation of Ukraine: constitutional and civil law aspects

2026-05-24T23:28:42+03:00

What is this work devoted to? The purpose of this work is to highlight the gaps studied by the author, which are common to the entire system of contracts in the field of disposal of property rights to objects of related rights under the legislation of Ukraine in terms of their consistency with the guarantees provided by the Constitution of Ukraine. This work was carried out thanks to the dialectical approach, logical techniques, as well as hermeneutic-legal and comparative-legal methods.

Based on the research conducted, the author of the article achieved the following results. Thus, the existence of such gaps was established as: the absence of the person of the creator of objects of related rights, despite the fact that in some forms of disposal of property rights, including objects of related rights, the legislator speaks indirectly about the creator and about granting him personal non-property rights; the absence of a clearly prescribed moment of transfer of property rights from the person of the creator to other subjects under a number of contracts. These gaps are fundamental, while others that the author draws attention to are derived from them, but are also very important. The reason for these gaps, in the author’s opinion, is a truncated understanding of intellectual property rights in relation to creators and an exaggeration of the technical component in the creation of objects of related rights. What do these gaps affect? These gaps make it impossible for the creators who created them to dispose of property rights to objects of related rights, and also deprive them of the opportunity to protect the related right belonging to them, which for some reason is not recognized. The author of the article concludes that the proposal to attribute creators to subjects of related rights without changing the existing structure of the Civil Code of Ukraine and the relevant Law of Ukraine “On Copyright and Related Rights”, as well as unifying objects of copyright and related rights into a single group of objects and also without changing the existing legislation mentioned above, is appropriate. In the opinion of the author of the work, in the future it will be advisable to affix both copyright and related rights protection marks on related rights objects, taking into account the proposed changes.

All proposed changes will be aimed at harmonizing the relevant legislation of Ukraine in the field of intellectual property law on the above issues with the guarantees provided by the Constitution of Ukraine, and accordingly ensuring the functioning of legal regulation on these issues as a holistic system.

Restriction of labor rights under martial law: a constitutional and legal perspective

2026-05-24T23:37:00+03:00

The article examines the constitutional and legal foundations for restricting labor rights during the period of martial law in Ukraine. Under wartime conditions, labor relations undergo significant changes driven by the need to ensure the state’s defense capability, adapt the labor market to security challenges, and support the functioning of critical sectors of the economy, which requires prompt responses to social and labor risks. Particular importance is attached to the flexibility of labor law regulation, which makes it possible to quickly modify the organization of production processes and ensure the continuity of enterprise activities under conditions of increased danger.

The study analyzes legal mechanisms that enable the state to temporarily restrict certain labor rights of employees and employers, including issues of compulsory labor engagement, changes in working hours, the introduction of flexible work arrangements, remote and home-based work, suspension of employment contracts, and restrictions on the right to strike.

The relationship between these restrictions and fundamental constitutional guarantees—such as the right to work, freedom of labor, the right to social protection, and decent working conditions—is examined, taking into account the principles of proportionality, necessity, and legal balance between public interests and human rights. It is emphasized that any restrictions must be temporary in nature, clearly defined by law, and consistent with the democratic standards of the rule of law.

Particular attention is paid to the analysis of Ukraine’s regulatory framework, including legislation on the legal regime of martial law and specific provisions of labor law, decisions of the Constitutional Court of Ukraine, judicial practice, as well as international legal standards in the field of labor. The practice of applying the relevant norms by courts of general jurisdiction is also examined, making it possible to identify trends in law enforcement and problematic aspects of protecting workers’ rights.

The article highlights existing inconsistencies in law enforcement practice, problems of effective control over compliance with labor rights, the limited capacity of state supervision mechanisms under martial law, and the risks of abuse by employers, particularly with regard to unlawful dismissal, non-payment of wages, or forced transfer to other working conditions. Directions for improving legislation and law enforcement practice are outlined.

Neurorights: a new generation of human rights in the age of neurotechnology

2026-05-24T23:40:37+03:00

The article investigates neurorights as a new generation of human rights emerging in response to the rapid advancement of neurotechnology. It is established that neurorights arose at the intersection of neuroethics and neurolaw as a response to the unprecedented capacity of neurotechnologies to measure and alter human brain activity. The concept of neurorights is defined as the ethical, legal, social or natural principles of freedom or entitlement related to a person’s cerebral and mental domain. Two competing scholarly positions are analysed: proponents of a new generation of rights argue that existing law is insufficient to protect the mind, while opponents contend that established rights, freedom of thought, mental integrity, and privacy, should be developed instead. The main types of neurorights are systematised: cognitive liberty, mental privacy, mental integrity, and psychological continuity. The constitutional experience of Chile is examined as the first state to enshrine neurorights in its basic law in 2021. International legal initiatives are analysed, including OECD recommendations, regional declarations, UNESCO documents, and a UN Human Rights Council resolution. The article concludes that neurorights represent a necessary conceptual instrument for protecting mental autonomy and that a principled approach grounded in established human rights law is the most viable path forward.

Artificial Intelligence in court proceedings: current trends and legal challenges

2026-05-24T23:54:10+03:00

The integration of artificial intelligence into court proceedings represents a pivotal transformation in the organization of judicial systems, promising significant gains in procedural efficiency while simultaneously generating fundamental legal and institutional challenges. This article examines the current state and prospects of AI implementation in Ukrainian court document management, analysing both the opportunities offered by intelligent automation and the legal tensions arising from the coexistence of paper and electronic document circulation under the Unified Judicial Information and Telecommunication System (UJITS). Drawing on the experience of Palm Beach County, Florida – where AI-powered robotic process automation classifies and files nearly a third of all electronic submissions — the article demonstrates that technologies such as optical character recognition, automated document classification, and intelligent case management systems are capable of substantially reducing the workload of court staff, accelerating procedural timelines, and enhancing access to justice. At the same time, the article documents the practical dysfunctions of Ukraine’s transitional model, in which the simultaneous maintenance of parallel paper and electronic workflows has increased, rather than reduced, the burden on court personnel and created structural obstacles to the realization of the constitutional right of unhindered access to justice under Article 55 of the Constitution of Ukraine and Article 6 of the European Convention on Human Rights.

The article further analyses the normative framework governing AI in the Ukrainian judicial system, including the Concept for the Development of Artificial Intelligence in Ukraine (2020) and the CEPEJ European Ethical Charter on the Use of Artificial Intelligence in Judicial Systems (2018), and identifies five priority domains for AI implementation: document workflow automation, judicial decision support, enhancement of access to justice, systemic transparency and anti-corruption monitoring, and process robotization. The study argues that the introduction of AI into Ukrainian court proceedings must be guided by the principles of non-discrimination, transparency, human oversight, and data security, and that full automation of judicial decision-making remains both technically premature and institutionally undesirable at the present stage. The article concludes that AI should be integrated as an organic complement to the existing judicial model rather than as a substitute for human judgment, with continuous monitoring and optimization as mandatory conditions of responsible deployment.

Legal regulation of rental relations and its impact on real estate investment attractiveness in the United States

2026-05-24T23:54:24+03:00

The purpose of this study is to examine the legal regulation of rental relations in the United States and to determine its influence on the investment attractiveness of the real estate market. The study focuses on the institutional features of the American legal system, including the federal structure of regulation, the distribution of powers between federal, state and local authorities, and the role of judicial practice in shaping landlord–tenant relations.

The methodological basis of the study is formed by a combination of general scientific and special legal research methods. The research is based on doctrinal legal analysis, comparative legal analysis and elements of the law and economics approach. The study also involves the analysis of academic literature, judicial doctrines, federal legislative acts and analytical reports concerning housing policy and the functioning of the rental housing market in the United States.

Results. The research demonstrates that legal regulation of rental relations constitutes an important institutional factor influencing the investment attractiveness of real estate. The federal nature of the U.S. legal system leads to substantial differentiation of regulatory regimes among states and municipalities, which creates varying investment conditions across regional markets. Judicial doctrines, particularly the implied warranty of habitability, play a significant role in shaping the balance between landlords’ obligations and tenants’ rights, affecting the operational costs and legal risks associated with property ownership. At the same time, regulatory mechanisms such as rent control, eviction procedures and tenant protection standards influence investors’ behavior and the structural development of the housing market.

Conclusions. The study concludes that the predictability of the legal environment, effective protection of property rights and stability of regulatory policy represent key determinants of investment attractiveness in the rental real estate sector. The interaction between legal regulation and economic conditions forms a complex institutional framework that significantly influences the development and long-term stability of the rental housing market in the United States.

Parties empowerement in inheritance contracts: comparative perspectives from National and European law

2026-05-25T00:08:45+03:00

This study examines the evolving judicial approach to inheritance contracts, highlighting a shift toward empowering parties while balancing fairness, legal certainty, and contractual autonomy. Courts increasingly employ a combination of traditional doctrines and modern evidentiary techniques to evaluate performance, non-performance, and material breaches, allowing nuanced, context-sensitive adjudication. European jurisprudence, particularly the ECtHR and CJEU, provides comparative guidance, reinforcing principles of proportionality, protection of legitimate expectations, and respect for fundamental rights. The convergence of national and European standards fosters a coherent, predictable, and equitable framework for resolving inheritance disputes. By integrating these approaches, judicial practice not only safeguards individual rights but also supports the stable development of succession law in line with contemporary European norms. Ultimately, this approach demonstrates that contractual autonomy and equitable oversight are complementary, reinforcing both legal certainty and social justice in the domain of inheritance law.

Implementation of civil service principles as a condition for effective public administration

2026-05-25T00:13:06+03:00

Based on current legislation, this article provides a comprehensive examination of the implementation of civil service principles as a prerequisite for effective public administration. The roadmap for public administration reform regarding Ukraine’s accession to the European Union under Cluster 1, «Foundations of the EU Accession Process», calls for improving the effectiveness of public administration, which is directly linked to the civil service, including the principles embedded in this legal institution and the norms of European standards for public administration. The implementation of these principles in the activities of the civil service requires a scientific rationale, which underscores the relevance of the topic. The object of the study is the social relations that exist in the sphere of public administration and the civil service. The subject of the study is the provisions of current legislation and the regulatory acts of the European Union regarding public administration and the civil service. The methodological framework consists of general and specific methods for studying legal phenomena, including the systemic, structural-functional, comparative-legal, and formal-legal approaches, among others. It is noted that the principles of the civil service, as a functional foundation, form the general basis for the legal regulation of civil service relations, as enshrined in the provisions of the Law of Ukraine «On the Civil Service». The following principles are examined: the priority of human and civil rights and freedoms; the stability of the civil service; interaction with public associations and citizens; professionalism and competence; and the protection of civil servants from unlawful interference in professional activities and integrity. A comprehensive analysis of general legal and sector-specific principles within the civil service system makes it possible to identify new trends in the development of this legal institution and to propose scientifically grounded approaches to implementing these principles with the aim of enhancing the effectiveness of public administration through the meritocratic principle and the principle of integrity in procedures, the digitalization of public service and human resources management, in accordance with European standards and principles of public administration.