Visegrad Journal on Human Rights

The management methods in the sphere of state security in conditions of social transformation

2024-11-09T11:54:15+02:00

The article is dedicated to the investigation of management methods in the field of state security during periods of social transformation. It addresses the importance of adapting governance strategies to contemporary challenges, especially in the context of Ukraine’s ongoing crisis and global instability. Emphasis is placed on the development of comprehensive management approaches that not only react to current threats but also anticipate future challenges. The relevance of the study is underlined by the need for strategic planning and proactive implementation of policies to safeguard national interests and ensure long-term stability.

The article emphasizes the necessity of effective cooperation between public administration entities to guarantee the resilience of the national security system. The author notes that the success of state security management heavily depends on the integration of political, legal, and organizational mechanisms. The focus is on how these mechanisms contribute to the implementation of Ukraine’s National Security Strategy, aiming to protect the country’s territorial integrity and facilitate its European integration efforts. Special attention is given to the reform of public administration, stressing the importance of transparency and professionalism in law enforcement and strategic management.

The author indicates that effective governance in the security sector requires enhanced coordination among various governmental bodies. The importance of information exchange, joint training, and the development of new technological solutions is highlighted as key methods for addressing modern security threats such as terrorism, cyberattacks, and organized crime. The study also points out the need for continuous professional development and reform in public administration to ensure that national security objectives are met in a timely and effective manner.

Particular attention is paid to the interaction between different state institutions and the importance of coordinated efforts to respond to security threats. The article underscores the need for a dynamic and adaptable governance system, one that can respond swiftly to both domestic and international challenges. This includes the development of innovative approaches to governance, strategic planning, and the use of cutting-edge technologies. Ultimately, the study calls for the continuous improvement of public administration in the security sector, to build a sustainable and secure future for Ukraine.

The right to effective access to justice in the European Union

2024-11-09T12:04:58+02:00

The article will be devoted to investigation of the essence of access to justice as the general legal concept through its dynamic nature in Europe. It will analyze the European Union (EU) law and the case-law of the European Court of Human Rights (ECtHR) and Court of Justice of the EU (CJEU) to determine access to justice as the principle of access to court, that follows from the concept of justice, which is an integral part of the right to a fair trial and the rule of law. Key issues, special rights as component parts of the access to justice will be described. The study also aims to identify and understand the issues affecting effective access to justice raised by the EU citizens and residents. The recommendation to consider widening the rules on legal standing before the CJEU, ensuring changes in member state’s legislation required to avoid repetitive violations.

The scope of this research is defined on the basis of the theory and understanding of the concept of the effectiveness of access to justice as developed in the literature, legislation and case law at the EU level. It looks at a large range of factors, including legal and procedural issues as well as practical, social, historical and political factors that influence the access to justice in the EU.

In the article, the authors concluded that the concept of effective access to justice includes such principles as ensuring respect for community law, equal treatment, effectiveness, state liability for violations of EU law, access to national and supranational courts (the Francovich rule), where citizens are active subjects of protection under the EU legal order.

International and temporary protection in EU law: legal frameworks and challenges of practical implementation

2024-11-09T12:18:05+02:00

The article analyzes the legal foundations for the protection of refugees and internally displaced persons (IDPs) within the context of the European Union (EU) and Ukraine. The focus is on international and European legal instruments that regulate refugee status and provide temporary protection to individuals affected by armed conflicts. The article particularly examines the EU’s Temporary Protection Directive (2001/55/EC) and the Qualification Directive (2011/95/EU) and the Asylum Procedures Directive (2013/32/EU), which harmonize refugee protection across Member States and ensure consistency in asylum procedures establishing legal frameworks for granting protection to those fleeing war, especially in the context of russia’s aggression against Ukraine.

The urgency of this article is highlighted by the war in Ukraine, which has led to unprecedented displacement in Europe, testing the capacities of EU Member States and exposing both strengths and gaps in existing legal frameworks. The paper also addresses the evolving nature of international refugee protection and its alignment with human rights doctrines, offering a comprehensive analysis of how international and regional legal standards interact in practice.

This article explores how international frameworks for refugee protection, particularly the 1951 Refugee Convention and its 1967 Protocol, have been incorporated into the European Union’s legal system. These international instruments define the rights of refugees and the obligations of states, especially regarding the principle of non-refoulement, which prohibits the return of individuals to countries where their lives or freedom may be at risk. In the EU, these frameworks are primarily integrated through the Common European Asylum System (CEAS) and it’s key component - the Qualification Directive (2011/95/EU), which aligns EU law with international standards on refugee protection.

The study emphasizes the importance of procedural safeguards, including fair and transparent asylum processes and special protections for vulnerable groups. In addition, the EU’s Temporary Protection Directive (2001/55/EC) plays a key role in addressing mass displacement, offering immediate protection in situations of crisis. This directive was activated for the first time in 2022 in response to the war in Ukraine, providing a coordinated EU-wide approach to managing the influx of displaced Ukrainians and preventing the collapse of national asylum systems.

The article also discusses the legal challenges and issues that the EU and Ukraine face in providing protection and support to refugees and IDPs. The research underscores the importance of coordination between the EU and Ukraine’s legal systems to ensure proper protection for asylum seekers. An essential aspect is the harmonization of approaches and the improvement of the effectiveness of legal mechanisms in response to current global migration challenges. The findings emphasize the need for continued legal collaboration between the parties to create a more comprehensive and consistent system for refugee protection.

Advocacy as a key institution of civil society: individual and social dimensions of legal assistance

2024-11-09T12:29:00+02:00

The article analyzes the place and functions of advocacy as a key institution of a democratic state. The importance of advocacy in the context of ensuring legal protection, access to justice and implementation of the principles of the rule of law is investigated. The role of advocacy as an important element of the legal system and civil society is considered.

The transformation of the legal profession’s functions from the basic provision of legal aid to an active participant in the formation of state legal policy, improvement of the legislative framework and development of legal culture is being monitored. The dualistic nature of advocacy, which has both individual and social significance, is emphasized.

The importance of advocacy as a tool of public control in the sphere of justice, its contribution to ensuring a fair trial and strengthening the rule of law is highlighted. The correlation between the development of the legal profession and the level of democratization of society, compliance with the rule of law and protection of human rights is analyzed.

The status of the right to professional legal assistance as a basic human right that ensures the realization of other rights and legitimate interests is substantiated. Emphasis is placed on the importance of developing effective mechanisms for the legal protection of citizens with the participation of the legal profession.

The impact of European integration on the modernization of the legal profession in Ukraine and the need to harmonize it with European standards are considered. Modern problems and prospects for the development of the legal profession in the process of building the legal state are analyzed.

The defining role of advocacy in harmonizing the interests of the individual, society and the state, its significance for democratic development and the establishment of the rule of law is summarized. The need for further modernization of the institute of advocacy in accordance with modern challenges is emphasized.

Constitutionalization in the context of modern constitutionalism: theoretical and methodological analysis

2024-11-09T16:40:57+02:00

The article examines constitutionalization as an important category of constitutional law. The author explores various approaches to understanding this concept, its historical development, and modern interpretations. The views of domestic and foreign scholars on the essence, characteristics, and forms of manifestation of constitutionalization are analyzed. Special attention is paid to the relationship between the concepts of “constitutional order”, “constitutionalism”, and “constitutionalization”. The author emphasizes that constitutionalization is a dynamic process that reflects the practical aspect of constitutionalism and has a global character.

The article examines various aspects of constitutionalization, including its impact on the legal system, the expansion of constitutional regulation, and the subordination of government activities to constitutional principles. The author analyzes the role of constitutionalization in ensuring the unity of the legal system and guaranteeing constitutional rights and freedoms. Special attention is paid to the process of constitutionalization in the context of developing a democratic state governed by the rule of law.

Based on the analysis of scientific sources, the author formulates their own definition of constitutionalization as a multifaceted process that includes the formal establishment of rights in the constitution, subordination of government activities to constitutional principles, expansion of constitutional regulation of various spheres of public life, and the influence of constitutional norms on the development of the legal system.

The conclusions emphasize the importance of further research on constitutionalization for improving constitutional and legal regulation and ensuring the effective operation of constitutional norms in modern society.

Blockchain in digital notary services

2024-11-09T16:54:48+02:00

The purpose of the study is to determine the future application of blockchain technology. Protection of rights, as well as legal interests of citizens and legal entities is the main postulate of notary activity. Only through the prism of this provision should one consider the possible application of blockchain technology in the notary. This includes studying the possibilities of the blockchain for verifying the authenticity of documents, automating registration actions. The relevance of the study is related to the need for modern notaries to meet the requirements of the digital world.

The research is based on the application of an interdisciplinary approach, civil law and information technology, which combines the analysis of legal aspects with modern technological research. To study legislative aspects, methods of comparative analysis and synthesis were used, which includes an analysis of the legislation of Ukraine and other countries. The empirical method consists in researching existing examples of implementation of blockchain projects in EU and US notary offices. Analysis and modeling were carried out taking into account the architecture of blockchain networks, their capabilities in terms of information protection, authentication and legal validity of digital records.

The study found that blockchain technology has significant potential for the notary industry due to its decentralized nature and high level of data protection. It has been established that the implementation of the blockchain allows for the creation of a reliable database for recording notarial actions, ensuring the impossibility of forgery or loss of information.

The results of the study confirmed the possibility of using blockchain for digital recording of documents and automation of notarial procedures, which allows to reduce time costs and the risk of human errors. The experience of countries that have already implemented blockchain in the notary office indicates an increase in the level of trust in notary services and a reduction in bureaucratic procedures. The application of blockchain in the notarial sphere can fundamentally change the mechanisms of notarial actions, increasing security, convenience and speed of service.

The use of decentralized networks ensures the reliability of data, which makes it impossible to forge them and makes procedures transparent. However, for the full implementation of such decisions, it is necessary to create an appropriate regulatory framework, adapt Ukrainian legislation and ensure the training of specialists for work in the conditions of digital notary.

Classification of creditors in bankruptcy case

2024-11-09T17:01:46+02:00

The article is devoted to the study of the classification of creditors in the case of bankruptcy. Creditors are one of the main participants in the bankruptcy case, because the satisfaction of their monetary claims against the debtor is one of the goals of the bankruptcy process. At the same time, the legal status of creditors in a bankruptcy case is not homogeneous, but depends on many factors – the moment of filing claims against the debtor, the time of obligations, the security of their monetary claims, etc. In this regard, it is urgent to carry out the classification of creditors in the case of bankruptcy.

The purpose of the article is to classify creditors in a bankruptcy case in order to determine the peculiarities of the legal position of each group of creditors.

Creditors provided for by the Code of Ukraine on Bankruptcy Procedures are divided into: secured and unsecured creditors based on the availability of collateral; at the moment of the requirements – competitive and current.

The peculiarities of the legal position of the initiating creditor in the case of bankruptcy of a legal entity are disclosed. It is emphasized that the initiating creditor bears an additional burden regarding the payment of the court fee (which, by the way, the debtor does not pay when applying to the court with a similar statement) and regarding the advance payment of the arbitration manager’s fee. At the same time, even after paying these funds, the initiating creditor does not always receive a result in the form of the opening of proceedings in the case. Since the debtor’s disagreement with the creditor’s demands may indicate a dispute about the right, and this is a reason for refusing to open proceedings.

According to the results of the research, the author emphasized that the opening of bankruptcy proceedings significantly affects the debtor, his property, and his creditors. It is proposed to single out such a group of creditors as overdue creditors who have had their claims extended. These creditors belong to forced late creditors, however, unlike other late creditors, they enjoy the rights of those creditors who declared their claims on time.

Legal regulation of state and international aid in Ukraine during marital state: challenges for the economy and military production

2024-11-09T17:18:00+02:00

The article analyzes the legal regulation of state and international aid in Ukraine under martial law starting from March 2022. During the Russian aggression against Ukraine, the system of state and international aid underwent significant transformations. In the conditions of military aggression, compliance with the standard rules for the provision of aid has become almost impossible. Immediately after the start of active hostilities, the Antimonopoly Committee of Ukraine decided to suspend the implementation of the rules regulating state aid. This decision was formalized on 03/07/2022 and provided for the temporary suspension of consideration of new aid notifications, changes to already existing programs, as well as complaints and applications related to state aid. On March 15, 2022, the Verkhovna Rada of Ukraine, in turn, adopted legislative changes that effectively abolished the system of control over state aid during martial law.

This decision made it possible to quickly respond to economic challenges without waiting for lengthy administrative procedures. Assistance provided during martial law is automatically considered compatible with applicable law, and providers are exempt from reporting such programs. However, it is important to note that these are temporary measures that were adopted to provide operational support to the economy.

The European Union has also adapted its aid rules to support economic sectors affected by the war in Ukraine. The European Commission made changes to the Temporary Crisis Framework, which simplified the provision of aid in the member states of the European Union. Ukraine aims to meet these standards in the future, which has become a key part of its European integration aspirations.

While the suspension of aid poses potential risks to the long-term development of the economy, it also opens up opportunities for reform. As early as June 2022, the Ukrainian government adopted a plan to improve aid mechanisms aimed at adapting to European standards. This is an important step on the way to full integration of Ukraine into the legal system of the European Union.

To date, the Government of Ukraine and the Antimonopoly Committee of Ukraine continue to work on improving the legislative framework in the field of state and international aid. The new plan, approved by the government, provides for the creation of criteria for assessing the compatibility of state and international aid, monitoring of existing programs and measures to improve aid control. Special attention is paid to the harmonization of legislation with the norms of the European Union, which is provided for by the Association Agreement. Gaps in the current legislation, discovered during martial law, should be used as an incentive to build a sustainable system that will meet European requirements.

Despite the difficult circumstances of the war, Ukraine continues to move towards the implementation of European standards in the field of aid, which is an important part of preparations for joining the European Union. The task of the Government of Ukraine and the Antimonopoly Committee of Ukraine is to achieve significant results in this direction by 2025. This will give Ukraine the opportunity not only to restore the economy after the war, but also to ensure the stability of the state support system in the future.

Penalties as a form of economic-legal liability in the energy sector

2024-11-09T21:24:43+02:00

In the article, the current state of research on the application of penalties as a form of economic-legal liability is analysed, both generally and specifically in the energy sector. The specificity of applying this form of economic-legal liability in the energy sector is studied, along with existing problematic issues related to its application, and proposals for their resolution are provided. The enforcement practices of the Supreme Court regarding the application of this form of economic-legal liability are examined.

The role of the National Energy and Utilities Regulatory Commission in regulating the application of penalties among participants in energy markets is studied.

Ways to improve the legal regulation of penalty application in the energy sector are proposed, including minimizing the likelihood of participants in energy markets committing similar violations in the future and fostering a high level of adherence to current legislation.

The aim of the work is to identify the patterns and essential characteristics in the application of penalties as a form of economic-legal liability; to define what constitutes penalties in economic legal relations; to determine the specific features of this form of liability in the energy sector; to uncover the grounds and key characteristics applied in the energy sector under the current conditions following the establishment of energy markets in Ukraine (natural gas and electricity markets).

The study also aims to determine the main features and distinctions between liquidated damages, fines, and penalties.

The following materials were used in the research: legal acts that define the grounds for applying penalties; works of scholars conducting scientific and practical research in the field of economic-legal liability; and domestic court practices.

The study identified the main patterns in the application of such a form of liability as penalties, both generally and in the energy sector. The grounds and key characteristics of penalty application in the energy sector are revealed, and examples of the application of such penalties to economic entities-participants in energy markets-are provided.

The research employed methods of theoretical generalization and grouping, formalization, analysis and synthesis, and logical generalization of results (formulating conclusions).

Modern doctrine of operative and search activities in Ukraine

2024-11-09T21:34:47+02:00

The article examines the issue of the formation of the modern doctrine of operational and investigative activity in the plane of Ukrainian law through the prism of the methodology of the general theoretical jurisprudence of Ukraine. The internal structure of the legal doctrine, doctrinal levels in the context of understanding the nature of the doctrine, its connection with practical law enforcement in the field of operational and investigative activities are determined. An analysis of individual doctrinal provisions of the theory of operational and investigative activity, its object and subject, principles and organizational bases of activity, basic theories and teachings, methods of cognition and determination of further development trends is carried out.

Administrative and legal framework for the introduction of the electronic notarial system in Ukraine

2024-11-09T21:53:27+02:00

The article is dedicated to the study of the administrative and legal foundations for the implementation of the electronic notarial system in Ukraine. The author examines the process of transitioning from the traditional paper-based notarial system to a digital one, highlighting the benefits of increased efficiency, document security, and accessibility. The study focuses on the phased approach adopted by the government to implement the e-notary system, outlining key stages such as the creation of electronic registries, the development of a digital archive for notarial acts, and the introduction of a system for online notarial services. These developments represent a significant modernization of Ukraine’s notarial services.

The author emphasizes the need for substantial legal reforms to support the full-scale digitalization of notarial services. It is highlighted that the Ukrainian Law on Notariate currently lacks explicit provisions for the use of digital technologies, which necessitates amendments to accommodate electronic notarial acts, remote notarization, and the integration of digital signatures. Additionally, the article discusses the challenge of aligning the e-notary system with European standards, especially regarding the cross-border recognition of electronic documents. The alignment of Ukrainian notarial laws with international frameworks is crucial for ensuring the system’s compatibility with global legal standards.

The article identifies several key advantages of the e-notary system, including the automation of processes, which significantly reduces the time and administrative burden involved in notarial acts. Enhanced security measures, such as digital signatures and QR codes, provide protection against forgery and unauthorized alterations of notarial documents. Furthermore, the integration of the e-notary system with state databases facilitates efficient information exchange, thereby improving the accuracy and reliability of notarial services. These factors contribute to a more transparent and effective notarial system that can better meet the needs of modern society.

Of particular note is the author’s focus on the importance of cybersecurity and data protection in ensuring the long-term success of the e-notary system. The article underscores the need for robust security measures to protect sensitive legal information from cyber threats, which are increasingly becoming a concern in the digital age. The author concludes by outlining prospects for further research, particularly in the areas of legal reform, public trust in digital notarial services, and the technological infrastructure needed to ensure the resilience and security of the electronic notarial system.

The French customs authority system is an example of effective combatance against customs offenses for Ukraine

2024-11-09T22:13:08+02:00

The article analyzes the structure and functioning of French customs authorities, emphasizing their role in combating offenses in the customs sphere and the possibility of adapting their experience for Ukraine. The French customs service consists of several units responsible for various aspects of customs control, from intelligence to investigations and technical support. Special attention is paid to the use of innovative technologies, such as risk analysis systems and «smart borders», which significantly increase the efficiency of customs operations. These technologies allow accurate control of goods, vehicles and passengers, which ensures prevention of customs offenses. The results show that the structure of the French customs authorities, divided into specialized directorates (intelligence, operations, investigations and technical support), significantly contributes to the prevention of fraud, illegal trade and security threats. Active use of risk analysis systems and cooperation with international organizations helps France manage cross-border risks and ensure compliance with European standards. The French model offers a valuable plan for the modernization of the customs service of Ukraine and its integration into European and world standards. On the basis of the analysis of the experience of France, conclusions were drawn regarding the possible directions of development of the Ukrainian customs service, in particular through the introduction of modern technologies, automation of processes and strengthening of international cooperation. The integration of advanced risk management methods and automated control systems will allow Ukraine to improve the transparency, security and efficiency of customs operations, reducing the number of offenses and corruption.

Transhumanism and evolutionary psychology: a dialogue about the future of human nature

2024-11-09T22:25:47+02:00

The article explores the philosophical dialogue between transhumanism and evolutionary psychology regarding the limits and consequences of the technological transformation of human nature. The growing relevance of this debate is analyzed in the context of the rapid development of genetics, nanotechnology and robotics, which open up unprecedented opportunities for changing human nature.

The main provisions of transhumanism are considered, which, continuing the ideas of the Enlightenment, offers a radical vision of the future, where humanity can consciously direct its own evolution with the help of technology. The position of evolutionary psychology is highlighted, which, based on an understanding of the natural mechanisms of the development of the human species, warns against hasty intervention in a complex system of adaptive mechanisms that have been formed over millions of years.

The paper analyzes in detail the works of leading representatives of both directions, including J. Huxley and Gr. Flow from the side of transhumanism, as well as critical views of F. Fukuyama and L. Kass. Special attention is paid to the research of evolutionary psychologists, who provide scientific justification for the concept of universal human nature and warn against the risks of “planned evolution”.

A fundamental contradiction has been revealed between the views of transhumanists, who consider human nature as plastic and ready for technological changes, and evolutionary psychologists, who consider it a fixed reality formed by long evolution. It is emphasized that modern technologies create fundamentally new conditions for human existence that go beyond the traditional enlightened understanding of science.

The study shows that although technological development of mankind has already changed our nature, further radical changes require careful consideration and study. The main problem of “planned evolution” is determined by the risk of uncontrolled acceleration of natural evolutionary processes without understanding all possible consequences.

Philosophical and logical study of the European Renaissance Historiography in the XIV-XVI centuries

2024-11-09T22:53:54+02:00

The article outlines and systematizes the fundamental historical and philosophical concepts of European, in particular, the Italian, Renaissance of the XIV–XVI centuries. The paper emphasizes the principles and structure of the research methodology of the Renaissance philosophy historiography. It clarifies the logic and principal priorities of the internal concepts and external assessments of the Renaissance and offers the author’s opinion on the study of the Renaissance philosophy historiography.

Violation of the handling rules of pathogens: discourse on the definition of the subject of the criminal offense

2024-11-09T23:22:21+02:00

The relevance of the study is determined by the growing importance of ensuring the biological security of the state, in particular, by criminal legal means in the context of strengthening control over the activities of research, diagnostic and production microbiological laboratories that work with pathogenic material, as well as by the uncertainty of the criminal legal doctrine regarding the mandatory signs of the composition of the criminal offense under Art. 326 of the Criminal Code of Ukraine. The purpose of the article is to develop a scientifically grounded approach to the understanding of the subject of violation of the handling rules of microbiological objects that are pathogens of dangerous diseases, and the responsibility for which is provided for by Article 326 of the current Criminal Code of Ukraine, as well as by Articles 5.1.12, 5.1.13 and 5.1.19 of the draft of the new Criminal Code of Ukraine. To achieve this goal, the following scientific methods were used: hermeneutical, normative-dogmatic, formal-logical, system-structural. The provisions of international and national legislation of Ukraine, which determine the content of the subject of the relevant criminal offense, were analyzed. It was found out that, despite the dual interpretation, the term “biological agents is used both in the current and in the prospective legislative acts of Ukraine, and the lists of dangerous biological agents are approved by the Government and the Ministry of Health of Ukraine. In the absence of the legal definition of the term “infectious agents” and the absence of any normative defined lists of such agents, the use of this term in the construction of the relevant criminal law norms is considered to be questionable. The meaning of the concept of “biotechnology products,” which was used by the authors of the draft of the new Criminal Code of Ukraine to criminalize the violation of the handling rules of pathogens, has been determined. It was found out that there is no legally defined list of biotechnology products, which significantly expands the meaning of this concept. It was argued that the application of the definition of “biotechnology products” in a prospective codified criminal legal act will create unjustified competition of norms and will negatively affect the qualification of relevant criminal offenses. The optimal version of the disposition of the criminal legal norm on the violation of the mentioned rules of biological safety in terms of determining the subject of this criminal offense has been given.

Legal nature of social protection of civil servants in modern conditions of information communications and European integration of Ukraine

2024-11-09T23:38:04+02:00

The article is devoted to a detailed analysis of the legal nature of social protection of civil servants in the conditions of modern information communications and European integration processes of Ukraine. In the course of the study, theoretical approaches to determining the essence of social protection were considered, as well as the positions of various scientists who studied this issue were given. The advantages and disadvantages of the main concepts proposed in the scientific literature are analyzed, with an emphasis on their compliance with modern challenges and conditions of development of public administration in Ukraine.

The article pays attention to the justification of one’s own position regarding the improvement of the system of social protection of civil servants, taking into account modern European integration trends and the influence of information technologies. The essence of the legal nature of social protection is revealed, the concept is characterized, and a general theoretical characterization of this legal phenomenon is carried out. It was determined that the social protection of civil servants is an important component of ensuring the stability and efficiency of the civil service, which provides social guarantees necessary for the performance of official duties at a high professional level.

Actual problems of ensuring social guarantees of civil servants are studied in the context of strengthening European integration and introduction of information technologies in public administration. The key legal mechanisms aimed at ensuring fair access to social services are identified, and the need to reform the existing social protection system to eliminate inequalities between civil servants of different job categories is substantiated. On the basis of the analysis of the provisions of various scientists, the advantages and disadvantages of the existing mechanisms of social protection are highlighted, as well as ways of their optimization are considered. The article also emphasizes the importance of a comprehensive approach to the development and implementation of legal norms that ensure social protection of civil servants, in order to increase the efficiency of the civil service and maintain a high level of professionalism of personnel.

Obtaining samples for examination in criminal proceedings: a comparative analysis

2024-11-09T23:46:24+02:00

This article explores the procedures for obtaining samples for examination in criminal proceedings, focusing on the practices in Ukraine, the Netherlands, and France. It aims to identify commonalities and differences in legislative frameworks and procedural practices across these jurisdictions, highlighting their implications for human rights. While the practice of obtaining samples is essential for criminal investigations, it must be balanced with the rights of individuals. The research reveals that while Ukraine’s Criminal Procedure Code outlines sample collection procedures, it lacks detailed regulations that ensure the protection of rights during this process. In contrast, the Dutch and French legal systems provide clearer frameworks and protections, influenced by the European Court of Human Rights (hereinafter referred to as the ECHR) rulings.

The ECHR has established important principles regarding the collection of biological samples, emphasizing the necessity of consent and the need to avoid arbitrary interference with individual rights. This comparative analysis underscores the importance of aligning Ukrainian legislation with the ECHR standards to safeguard human rights effectively. The findings suggest the need for a more precise legal framework in Ukraine that differentiates between sample collection and other investigative actions, ensuring transparency and protection of individual rights. Ultimately, the study calls for legislative reforms in Ukraine, inspired by successful practices in the Netherlands and France, to create a more robust and rights-respecting framework for obtaining samples in criminal proceedings.

Legal regulation of police organization and operations: European experience

2024-11-09T23:54:16+02:00

The article examines the challenges of applying European experience in legal regulation of police organization and activities to Ukrainian legislation in the context of European integration processes. The author analyzes the current state of reforming the National Police of Ukraine, identifying key problems and challenges in implementing European standards in law enforcement activities.

The paper discusses key aspects of adapting national legislation to European Union norms, particularly in human rights protection and public safety. Special attention is paid to analyzing the Law of Ukraine “On National Police” for compliance with international standards of police accountability and public oversight mechanisms.

The author identifies main obstacles to effective implementation of European experience in Ukrainian police activities. These include insufficient regulation of public control mechanisms, lack of ratification of important international documents, the need to improve information and analytical support, and overcoming the “force-based” model in favor of a “service-based” approach.

The article emphasizes the need to transform not only the legislative framework but also the mindset of police officers and society as a whole. It examines the implementation of new forms of policing, such as patrol police and dialogue police, as well as the application of modern technologies and analytical methods.

Special attention is paid to anti-corruption issues in the law enforcement system and ensuring proper resource support for police activities, especially under martial law conditions. The author emphasizes the importance of further improving the regulatory framework to ensure effective protection of citizens’ rights and freedoms, increasing police transparency, and strengthening public interaction.

The conclusions emphasize the need for a comprehensive approach to reforming Ukraine’s law enforcement system, considering European experience while taking into account national specificities and current challenges facing the country.

Globalization effects on the effectiveness of real estate management services

2024-11-10T00:09:16+02:00

The scientific article is devoted to the study of the impact of globalization on the effectiveness of real estate management services, taking into account the state of war in Ukraine. The article notes the general characteristics of globalization as a phenomenon, as well as the specifics of its impact on the real estate situation in Ukraine. The problems faced by the Ukrainian real estate market are identified, in particular in the conditions of the legal regime of martial law. The problems faced by the Ukrainian real estate market today, as well as the specifics of the negative and positive impact of globalization on the Ukrainian real estate market, are identified. The role of the Ukrainian real estate market in the world and European markets is determined, and the influence of the Ukrainian real estate market on the European real estate market due to the migration of Ukrainian citizens due to military operations in Ukraine is determined. It is determined how globalization processes should be used in Ukraine to stimulate the development of the Ukrainian real estate market and the exit of the Ukrainian real estate market to the European real estate market and the world market. Obstacles and problems that Ukraine faces today in the framework of the development of the Ukrainian real estate market are identified.