Visegrad Journal on Human Rights

Digitalisation and counteraction to information threats in the state security management system

Tetiana Arifkhodzhaieva — 2025-01-24

The article is devoted to the study of the transformative impact of digitalisation on state security systems, with a particular focus on countering information threats. It explored the integration of advanced technologies, including artificial intelligence, blockchain, and big data analytics, in enhancing the detection, prevention, and mitigation of various cyber risks. The research emphasized how digital tools have reshaped traditional security paradigms, offering innovative solutions to address complex challenges such as disinformation campaigns, cyber espionage, and attacks on critical infrastructure. The study highlighted the importance of leveraging technological advancements while considering the associated risks, such as the vulnerabilities introduced by rapid digitalisation and the complexity of managing cross-border information threats.

Covered in the article are the key mechanisms and strategies employed to counteract information threats, encompassing technological, legal, and societal dimensions. The discussion detailed the implementation of advanced cybersecurity tools, the adoption of AI-driven threat detection systems, and the use of blockchain technology to ensure data integrity and security. Moreover, the article examined the role of comprehensive policy frameworks and international cooperation in establishing effective responses to transnational cyber threats. Public awareness campaigns and education initiatives aimed at strengthening digital literacy were also addressed as essential components of a holistic approach to countering disinformation and enhancing societal resilience against malicious influence operations.

Investigated were the technical, legal, and organizational challenges hindering the effective adoption of digital technologies in state security systems. These included the need for robust infrastructure, skilled personnel, and substantial financial investments to develop secure and reliable systems. The article further analyzed gaps in regulatory frameworks and the difficulties in aligning national laws with international cybersecurity standards. Additionally, the resistance to change within traditional institutions and the complexities of integrating legacy systems with modern digital solutions were identified as critical barriers that must be addressed to ensure the successful implementation of digital security measures.

Proved through the research was the necessity of adopting a multifaceted approach to managing information threats in the digital era. The findings demonstrated that a combination of advanced technological tools, comprehensive legal frameworks, and proactive public engagement is essential for building resilient state security systems. The study underscored the importance of fostering international cooperation to address the global nature of cyber risks and highlighted the critical role of digital literacy in empowering citizens to navigate the information landscape safely.

A priori and a posteriori control: french modification

Andrianna Badyda — 2025-01-24

The article investigates two types of constitutional control: preliminary (a priori) and subsequent (a posteriori). Given certain peculiarities of constitutional proceedings in France, particularly the 2008 judicial reform that introduced a posteriori control in the form of priority question of constitutionality (QPC), the relevance of the research topic is beyond doubt. The implementation of preliminary control by the Constitutional Council was provided for in the 1958 French Constitution, thus the article examines the procedure for its implementation. Simultaneously, differences are sought between a priori and a posteriori control, which the French judicial system has recently received, which is the purpose of this article. It was found that only subsequent control guarantees standards concerning the territorial structure of the state, its unitary and decentralized nature, as well as ways of consulting voters in case of changing territorial community boundaries. However, several issues, such as the Powers of the President of the Republic, the principle of annual budget, or verification of financial laws cannot be subject to QPC. It is concluded that the differences between a priori and a posteriori types of constitutional control lie in their purpose and methods of referral. The advantages of subsequent control are identified and its positive impact on the legal order of the French Republic as a whole is emphasized.

Transformation of international law in the context of global constitutionalism: a conceptual dimension

Dmytro Byelov — 2025-01-24

In today’s globalized world moving toward European integration, studying the interaction between constitutional and international law has become increasingly important. Constitutional law, as a fundamental branch of national law, is increasingly influenced by international legal norms and standards, necessitating a reevaluation of traditional approaches to understanding its place in the legal system.

This article provides a comprehensive theoretical and legal analysis of the constitutionalization of international law and the emergence of international constitutional law as an independent sub-branch. It examines key trends in the transformation of international law under globalization, including: the growing role of non-state actors, rethinking state sovereignty concepts, deepening interaction between international and national law, and the development of hierarchical structures in international legal norms.

The research analyzes the concept of shared values in the global community as a fundamental basis for the constitutionalization of international law. Special attention is given to human rights as a component of international constitutional law and their subsidiary function in relation to national legal systems. The phenomenon of transnational constitutionalism and its impact on shaping a new global legal order is examined.

The study explores the changing composition of subjects in international law and the transition from traditional sovereignty theory to multilevel constitutionalism. It argues for developing new research methodologies for studying international legal order that combine constitutional, administrative, and international law approaches.

Based on this analysis, the article argues for recognizing international constitutional law as an independent sub-branch of international law, given its unified legal regulation and distinct methodology. Particular emphasis is placed on the relevance of constitutional legal frameworks in international cooperation against aggression, terrorism, and genocide in the context of Russian aggression against Ukraine.

Principles of use of artificial intelligence in justice

Oleksandr Bessonov — 2025-01-24

The scientific article highlights legislative and theoretical approaches to determining the principles of using artificial intelligence in justice as technologies that occupy an increasingly important place and open up new opportunities for improving the judicial system, increasing the efficiency, transparency and accessibility of justice. It was found that the use of artificial intelligence in justice can become uncontrollable and unpredictable for a person, and therefore defining the limits of its use will minimize existing risks, including: violation of human rights, freedoms and interests, damage to the authority of the judiciary, etc. It is emphasized that the introduction of artificial intelligence must necessarily be carried out in compliance with the principles of justice (for example, the rule of law). In addition, the European Commission on Judicial Efficiency, taking into account a number of ethical, legal and other issues, approved the principles that must be followed in the case of the use of artificial intelligence in the judiciary. In particular, the work reveals the content of such principles of the use of artificial intelligence in judicial proceedings as: observance of basic human rights, non-discrimination, quality and safety of court decisions, compliance with Art. 6 of the Convention on the Protection of Rights and Fundamental Freedoms, as well as transparency, impartiality and fairness. At the same time, it is stated that artificial intelligence technologies used in justice carry the risks of disclosure of confidential data about a person, their discrimination on various grounds (such as the COMPAS program used in the USA), making unfair decisions due to errors in artificial intelligence algorithms, etc., and therefore one of the of the main principles compared to those indicated should be the use of artificial intelligence technologies in justice exclusively under human control. It was concluded that the gradual development of artificial intelligence technologies in justice will necessarily be accompanied by the emergence of new risks of their use by both judges, court employees, and parties, participants in a court case, which confirms the need for further study of the specified issue with the aim of revising the existing principles, supplementing their list with new ones and as a result of minimizing the harm that can be caused.

Digitalization of environmental legal relations in Ukraine: principles and disadvantages

Roksolana Butynska — 2025-01-24

The article examines the issue of digitalization of environmental legal relations in Ukraine, outlines the main principles and shortcomings. It is noted that the digitalization of environmental relations involves the introduction of digital technologies and innovations to optimize management in the field of ecology by increasing the effectiveness of measures to protect the environment, nature management and ensure environmental safety. It includes the use of various digital tools and technologies, artificial intelligence for monitoring and collecting data on various aspects of the environment, performing analysis and forecasting to process large amounts of information and predict trends in climate change and ecosystems, creating electronic systems for effective management and monitoring of waste management, using a network of connected devices for interaction and information exchange between environmental objects, which enables effective resource management, using technologies in the field of green energy to support renewable energy sources. It is emphasized that digital technologies play an important role in the implementation of the environmental rights of citizens of Ukraine. This is associated with the transmission of data on the state of the environment, for example, atmospheric air or emissions that have a negative impact on humans, their health and life. Through the use of digital technologies, which are a special and important part of digitalization, it is possible to conduct an analysis of the environment and, with a certain degree of autonomy, develop state action strategies to achieve certain goals. Digital technologies can also be implemented in equipment, autonomous vehicles in order to detect an unfavorable environmental situation.

It is concluded that using the potential of information technologies in the field of environmental protection and environmental safety, it is possible to expand the possibilities of making informed decisions, optimizing the management of environmental resources, and facilitating cooperation between state authorities and citizens of Ukraine in creating a safe environmental environment. In addition, the introduction of digital technologies changes the internal content of the processes of influencing public relations, expanding and transforming the methods of influencing the behavior of participants in environmental relations. By supplementing traditional methods of legal regulation with technical means of ensuring their implementation, the Ukrainian state increases the effectiveness of the mechanism of environmental and legal regulation. Digital technologies contribute to the possibility of regulating public relations in fundamentally new ways, expanding the variability of the tools of environmental law.

Ensuring social security in modern Ukraine: political and legal aspect

Volodymyr Byelousov — 2025-01-24

The article is devoted to analyzing the political element of the legal mechanism for ensuring social security in modern Ukraine. In the political and legal context of understanding the nature of this mechanism, it has been established that an important element is its political component, which is mainly manifested in social and personnel policies. The author emphasizes the importance of ensuring the effectiveness of social policies, which must meet the requirements of accessibility, adequacy, fairness, sustainability, and inclusiveness. The criteria that ensure social security are identified and analyzed. Among these criteria are guaranteeing equal opportunities for all citizens in social protection, providing adequate social services, and equitable distribution of resources in social protection. Additionally, a long-term approach to supplying the social protection system with the necessary resources is considered essential. It is established that an inclusive approach to social and personnel policy contributes to the integration of different population groups into the formation and implementation of social policy, which is critically important for creating conditions for the social security of the state. Special attention is given to the importance of personnel policy in the social security system, noting the problems of staffing social workers, which directly affects the quality and timeliness of social services provision. It is stated that personnel policy in the social security system is characterized by a personnel crisis, particularly in the context of social workers. This crisis is because in Ukraine (as in several countries around the world) the importance of social work is underestimated, and social workers are forced to work in conditions lacking decent working conditions. Exacerbating this problem are background issues, including an aging population, changing patterns of family formation and the role of women in society, rising unemployment and poverty, and the ongoing full-scale war in Ukraine. Since the personnel crisis in the social security system undermines social stability and the effectiveness of the social security system, there is a need to create conceptual and strategic acts that will determine the goals and methods for improving the effectiveness of social and personnel policies in Ukraine, aligned with the state’s social security goals. Additionally, the findings suggest introducing systematic training and professional development programs for social workers, as well as creating better working conditions and providing psychological support. These measures should help improve the professional level of social workers, and enhance their motivation and job satisfaction, which are important aspects in achieving the social security goals of a modern state.

Features of public service organization in the customs authorities of Ukraine: analysis of legislative novelties

Oleksandr Cherkunov — 2025-01-24

The aim of the work is to examine the specifics of organizing public service in the customs authorities of Ukraine, focusing on analyzing legislative novelties affecting the performance of state functions by customs officers, improving management and staffing processes, and ensuring the efficiency of the customs service in the context of recent legal changes.

The methodological basis of the study includes an analysis of relevant legal documents, including amendments to the Customs Code of Ukraine and the Law on Civil Service, as well as a review of scientific literature and legal commentary on the subject. The research also involves comparative analysis of international practices, particularly from the European Union, to inform the development of customs competencies in Ukraine.

Results reveal that significant reforms have been introduced to the organization of public service in customs authorities, notably the establishment of specific requirements for candidates based on customs competencies, the shift to contractual civil service, and the introduction of a one-time certification for all customs officers. However, these changes have led to legal uncertainties, especially concerning the minimum duration of service contracts and contradictions between new provisions and the Constitution of Ukraine. Furthermore, while the introduction of rotation and psychophysiological testing is aimed at reducing corruption risks, their practical implementation remains unclear.

Conclusions emphasize the need for further clarification of key provisions, particularly regarding the minimum duration of service contracts and the requirement for re-certification. The study also highlights the importance of developing a clear structure for customs competencies tailored to the needs of the Ukrainian customs service. The introduction of specific customs competencies is seen as a crucial step in improving the effectiveness of personnel policy, though its successful implementation will depend on further refinement and standardization of legal frameworks. Additionally, issues surrounding the rotation mechanism and the mandatory nature of psychophysiological testing should be addressed to ensure the smooth functioning of these reforms.

Transformation of the constitutional status of the prosecutor’s office: from a supervisory body to an element of the system of checks and balances

Ivan Deyak — 2025-01-24

The article examines the process of constitutionalization of the legal status of the prosecutor’s office in the context of the mechanism of checks and balances. The transformation of the role of the prosecutor’s office after the constitutional reform of justice in 2016 and its impact on the system of separation of state powers is analyzed. Various scientific approaches to determining the place of the prosecutor’s office in the system of state bodies and the mechanism of checks and balances are considered. The need to rethink the traditional concept of separation of powers is substantiated, taking into account modern trends in state-building and European integration processes. It is determined that the effectiveness of the prosecutor’s office depends not so much on its formal positioning in the system of power as on ensuring its independence and ability to perform constitutional functions.

Legal framework for the activity of public targeted funds during martial law in Ukraine

M. - D. Gentsarjuk — 2025-01-24

The article is dedicated to the follow-up of changes in the system of public finances of Ukraine during the war, with an emphasis on the creation of the functioning of special public funds to ensure national I take care of the security, defense and renewal of the country. As a legacy of Russia’s large-scale aggression against Ukraine, the power’s financial resources will be directed towards defense, purchasing equipment, equipment, supporting internal movements of people, updating infrastructure and I will provide humanitarian assistance.

An important role in this process is played by public funds such as the Fund for the Liquidation of the Inheritance of the Atrocious Aggression and the Reserve Fund of the State Budget. The Fund for Eliminating the Legacy of the Autonomous Aggression Directs for the Renewal of Built Buildings, Critical Infrastructure, Housing Security, Internal Movements and Social Support victims. The reserve fund is used to finance superannuation funds related to untransferable circumstances, war, war and inheritance.

The importance of off-budget trust funds, such as the Energy Efficiency Fund, which plays a role in modern energy infrastructure, is also emphasized. In the minds of Ukraine’s financial community, international aid is becoming an important component in the financing of public funds. This includes grants, loans and positions from international organizations and regional partners that directly support key areas: energy, social protection and public infrastructure.

An important aspect is the insight and awareness of selected public funds to encourage the trust of international donors and marriage. The article shows how, during the time of war, the financial mechanisms of the power adapt to new trends, maintaining a balance between short-term and long-term goals for stabilizing the situation in Ukraine.

Non-recognition of a right and contestation of a right as a basis for the right to enforce intellectual property rights

Oksana Karashchuk — 2025-01-24

The article examines theoretical approaches to the issues of intellectual property rights enforcement in Ukraine, taking into account the existing problems in the system of their enforcement. Particular attention is paid to the legislatively enshrined civil and commercial legal ways and methods of enforcement of intellectual property rights implemented by the judicial authorities in the field of intellectual property.

The concept of «enforcement of intellectual property rights» includes substantive and procedural aspects that determine the content of the right to judicial enforcement. These aspects are combined in that substantive legal opportunities are realized within the framework of the established procedural form and the relevant legislative procedure. The author identifies the key civil remedies which are considered to be universal mechanisms in the context of enforcement of infringed rights to intellectual property rights.

The author establishes that enforcement of intellectual property rights is a complex concept consisting of a system of legal provisions, state enforcement activities, legal and organizational and practical measures. This includes the use of various types of enforcement: judicial, pre-trial and extrajudicial, as well as self-defense of subjective rights of participants to economic relations in the field of intellectual property.

It is determined that not all remedies are equally important for the enforcement of an infringed or disputed right to the results of intellectual activity. Consequently, the choice of remedies for the enforcement of an infringed or disputed right depends on the nature of the right itself, as well as on the type and nature of the offense committed.

Virtual assets as a taxable object: directions of legal regulation and key principles

Maksym Krasyliuk — 2025-01-24

The article examines the directions and principles of legal regulation of virtual assets in Ukraine, taking into account their specifics as an object of taxation. The constitutional, tax, administrative, criminal and civil aspects of regulation that ensure the integration of virtual assets into the national legal system are considered. Key challenges and problems are identified, in particular the lack of clear taxation mechanisms, the need to harmonize national legislation with international standards, as well as the issue of ensuring transparency, consumer protection and state sovereignty in the financial sector. Particular attention is paid to the principles of legal regulation, in particular legitimacy, transparency, technological and tax neutrality, adaptability of legislation and international cooperation. It is noted that a comprehensive approach to the regulation of virtual assets will contribute to the effective functioning of the digital economy, attracting investments, protecting the rights of owners and developing innovative technologies. The emphasis is on the importance of ensuring the harmonization of the regulatory framework with constitutional principles and international standards. The role of criminal law regulation in combating fraud, money laundering and terrorist financing is emphasized. The need to create legal mechanisms for resolving disputes, licensing activities related to virtual assets, and implementing effective control over financial transactions is also considered. The author concludes that the implementation of legal frameworks focused on the rapid changes in the digital economy will allow Ukraine to ensure the stability of the financial system, increase the competitiveness and effectiveness of state economic policy in the field of virtual assets.

EU investment policy: financial and legal aspects

Svitlana Luchkovska — 2025-01-24

In the article the key role of investment policy in ensuring sustainable economic development of the European Union (EU) has been examined. The study emphasizes the EU’s comprehensive approach, which integrates legal norms and financial mechanisms to create a favourable investment climate, enhance competitiveness and promote social, economic and environmental progress.

The author has researched the scholarly works on EU investment policy, focusing on the contributions of such scholars as Mykola Sidak, Edita Gainyshova, Helen Kavvadia, Green de Burka, Paul Craig and others. Their research provides valuable information on investment protection, the role of the European Investment Bank (EIB) and other financial institutions.

The aim of the work is to analyze the financial and legal provision of the EU investment policy, to identify its main principles and mechanisms, and to assess their effectiveness. The key principles include a single market environment, protection of investors’ rights, effective regulation of financial instruments and market transparency. The study emphasizes the importance of legal instruments, including the founding treaties, EU regulations and directives, which underpin free movement of capital, competition rules.

Financial instruments such as guarantees, grants, loans, and investments provided by entities like the EIB and the European Investment Fund (EIF) are examined for their role in reducing risks and facilitating access to capital. These mechanisms support innovation, infrastructure development, and regional cohesion, aligning with EU strategic objectives.

The author emphasizes that understanding and adopting EU investment principles is crucial for Ukraine’s European integration. Harmonisation of Ukrainian legislation with EU standards can attract investment, promote economic growth and improve the welfare of society.

The study concludes that EU investment policy, based on a sound legal framework and innovative financial instruments, is vital to promote sustainable development and address global challenges such as digitalisation and climate change. Increased coordination and new sources of funding are essential for further progress.

Realization and protection of personal non-property rights in the conditions of digitalization and European integration

Lyubomyr Maksymiv — 2025-01-24

The article analyzes international acts and national legislation that establish personal non-property human rights as the highest social value, as well as legal guarantees for the exercise and protection of these rights. The aim of the work is to outline the transformation of personal non-property rights in the context of digitalization and European integration, in particular, regarding the use and protection of personal data that are directly related to the fundamental rights of person and citizen. The methodological basis of the study is the comparative legal method, through which a comparative analysis of international and domestic legislation was carried out, the method of analysis and synthesis, induction and deduction, generalization, which revealed the features of classical personal non-property rights and non-property rights caused by the process of digitalization, as well as the formal-legal method, which allowed us to objectively outline the essence of personal non-property rights at the theoretical and practical levels, including the exchange of personal data in civil circulation. It is proven that the separation of personal non-property rights into a separate type, which differs from their classical form, is due to digitalization. Proposals for amendments to the Civil Code of Ukraine to expand the list of objects of civil rights and include new objects, including such as personal data, as well as regulatory regulation of contractual relations arising from personal non-property objects, which, having received an objectified form, have acquired signs of turnover, are welcomed. In this regard, it is worth enshrining in the codified act the norms defining personal data as an “intangible good that is an object of personal non-property law” and a “tradable object of civil rights.” In addition, it has been proven that the provisions of the Law of Ukraine “On the Protection of Personal Data” comply with the norms of the Constitution of Ukraine, the Universal Declaration of Human Rights, the European Convention on Human Rights, as well as the provisions of Regulation (EU) 2016/67 of the European Parliament and of the Council of 27 April 2016 and Directive (EU) 2019/770 of 20 May 2019, the key provisions of which define the rules for the use of personal data and the contractual regulation of the relationship regarding the provision of personal data in exchange for digital content or a digital service.

Modern regulation of data circulation in developed countries: organisational and legal framework

Andriy Olefirenko — 2025-01-24

The article was devoted to the study of modern approaches to the regulation of data circulation in developed countries, focusing on the organisational and legal frameworks that ensure secure, ethical, and efficient data governance. It analyzed the principles and mechanisms underlying the legal frameworks, with particular attention to data minimization, transparency, and accountability. Comparative analysis was conducted to explore regional differences in regulatory practices, highlighting the interplay between national priorities and global standards. Special emphasis was placed on understanding how these frameworks have adapted to technological advancements and the increasing complexity of cross-border data flows in the digital economy.

Revealed were the strengths and weaknesses of data regulation practices in regions such as North America, Europe, and the Asia-Pacific. In Europe, the GDPR demonstrated a robust and harmonized approach that influenced global data protection standards, while North America showcased a fragmented landscape with progressive state-level initiatives like the CCPA. In the Asia-Pacific, Japan’s Act on the Protection of Personal Information was highlighted for its adaptability and alignment with international norms. These findings underscored the diversity in approaches, shaped by legal traditions, economic contexts, and policy objectives, and their implications for achieving a balanced data governance model.

Substantiated was the necessity of integrating public-private collaborations to address the challenges posed by emerging technologies and dynamic regulatory environments. Examples such as Australia’s cybersecurity partnerships and global initiatives like the World Economic Forum’s Centre for Cybersecurity highlighted the value of cooperative efforts in ensuring effective regulation. These collaborations provided a blueprint for balancing innovation with regulatory oversight, enabling adaptable and forward-looking governance models capable of responding to rapid technological changes and increasing cyber threats.

Deserves special attention the global influence of the GDPR, which has set a benchmark for transparency, accountability, and consent, inspiring similar frameworks worldwide, including Brazil’s LGPD and South Korea’s PIPA. The need for continuous updates to legal frameworks, enhanced enforcement mechanisms, and international cooperation was emphasized as critical for addressing enforcement gaps and harmonizing data protection standards. The article concluded with recommendations for further research and policy innovation to strengthen global data governance in the face of ongoing digital transformation.

Measures to prevent and counter abuse of procedural rights in the judicial system of Ukraine

Marina Peteshenkova — 2025-01-24

The article clarifies the concept of measures to prevent and counteract the abuse of procedural rights in administrative and civil proceedings, identifies their types, determines their effectiveness and proposes certain ways of their improvement.

It is clarified that measures to prevent and counteract the abuse of procedural rights in administrative proceedings are measures to prevent and stop the abuse of such rights and measures to hold accountable the persons who committed them, which are applied by the court on the grounds and in the manner prescribed by law and taking into account the explanations and interpretations of the Constitutional and Supreme Courts.

It has been proven that, taking into account the functionality, these measures can be divided into two groups: 1) organizational, which include - implementation of simplified claim proceedings, ensuring the possibility of conducting a case review in the absence of the parties and other participants in the case, creating technical conditions for the functioning of electronic justice by introducing the Unified Judicial Information and Telecommunications System, establishing special rules for changing the composition of the court in the event of circumstances that complicate the timely consideration of the case, using the dispute settlement procedure with the participation of a judge, establishing restrictions on cassation appeals of certain categories of cases, using the mechanism of disciplinary liability of judges and lawyers; 2) procedural - consolidation of the principles of good faith and inadmissibility of abuse of procedural rights, establishment of a general obligation of good faith use of procedural rights and strict fulfillment of procedural duties, definition of an open list of actions that can be qualified as abuse of administrative procedural rights, establishment of general consequences of abuse of procedural rights, imposition on the court of the obligation to take measures to prevent abuse of procedural rights, etc.

It has been established that it would be more correct from the point of view of legislative technique to improve (supplement) existing procedural norms that provide for the application of preventive measures, cessation of abuse of procedural rights and establishment of liability for their commission than to isolate them in a separate section of the relevant codes.

Interpretation of legal constructions as a specific stage of their legal realization

Bohdan Pidhorodskyi — 2025-01-24

In the current legal system, legal constructions play an important role in providing for effective interpretation of law and its further realization. That is why the author has selected the relevant information sources (scientific, normative and judicial practice), and has formulated the aim of the work (which consists in defining the interpretation of legal norms and its disclosure as a specific stage of expression of legal constructions in the law realization process) and tasks which fully reveal the subject matter of the study. Separately, the author outlines the methodological basis of the study, which consists of such methods as hermeneutic, synthesis and summarization. The author emphasizes that in the modern scientific doctrine the term “interpretation” is viewed in two aspects: as a process and as a result of activity which is set out in the relevant norms created by authorized subjects of law. It is established that while interpreting legal constructions of a text or a separate norm of law, the issue of judicial law-making is of particular importance, since their solution is much broader than a simple construction of a legal provision and serves to overcome the gaps that exist in legislation. In this regard, the author focuses on the limits of judicial law-making, and judges’ prudence and carefulness while making such interpretations of legal structures, since the structure of an interpretive act should cover various aspects of legal relations, taking into account the expanded range of legal subjects, and should be repeatedly implemented and based on the principles of human-centrism. This is especially true of the decisions of the Supreme Court, the Constitutional Court of Ukraine and the European Court of Human Rights. The author examines international case law which demonstrates the practical value of the raised issue and the need for proper construction of both legal norms and court decisions, and as a result, their interpretation and realization. On the basis of the study, the author makes relevant conclusions which represent the conceptual framework of the scientific work.

Current status of regulation of the right to work for civil servants in the conditions of Ukraine’s European integration: advantages and disadvantages

V. P. Pikul — 2025-01-24

The scientific article provides a comprehensive analysis of the legal basis for the implementation of the right to work by civil servants in the context of Ukraine’s European integration processes. Given the growing influence of European standards on the public administration system, special attention is paid to the assessment of the current legislation regulating the legal status of civil servants, their working conditions, as well as the system of competitive selection and professional development. The author identifies both the advantages and disadvantages of the modern regulatory framework that ensures the right to work of civil servants, in particular in the context of approximation to the standards of the European Union. The essence and significance of each of the advantages and disadvantages of the current state of regulation of the right to work by civil servants in the context of Ukraine’s European integration are described in detail.

Among the main advantages of modern legal regulation, its focus on transparency, openness and equality of access to the civil service is emphasized, which corresponds to the fundamental principles of the rule of law. The paper notes that the civil service reforms implemented in recent years, in particular adaptation to European standards, have significantly strengthened the guarantees of labor rights of civil servants, increased the requirements for professionalism and ethics of civil servants, and also contributed to the strengthening of the institution of social protection of civil servants.

However, the author also draws attention to a number of shortcomings and problematic aspects. First of all, we are talking about the insufficient coherence of Ukrainian legislation with European norms, which creates legal uncertainty and complicates the implementation of certain individual aspects of the right to work. In addition, the article considers problems associated with shortcomings in the process of adapting national legislation, in particular its fragmentation and the slow pace of implementing European standards, which leads to an imbalance in the implementation of labor rights of civil servants.

The work also focuses on the features of the competitive form of selection of civil servants, which is an important element of the legal regulation of their labor rights. The author points out the need for further improvement of the competitive system in order to eliminate possible risks of corruption and ensure the proper level of professionalism of candidates. Particular attention is paid to the issue of professional development of civil servants, which is a necessary condition for the effective functioning of the state apparatus in the context of European integration challenges.

The author concludes that a comprehensive approach to reforming the civil service system is necessary, which will take into account both the provision of social guarantees for employees and the development of control and accountability mechanisms in order to increase the efficiency of the socio-legal development of our state.

Counteracting and preventing mobbing in labor relations: theoretical and practical aspects

Oleksandr Pleskun — 2025-01-24

The article thoroughly investigates the theoretical and practical aspects of counteracting and preventing mobbing in labor relations, which is gaining increasing importance in the modern labor market. The essence of the concept of “mobbing” is revealed as systematic psychological pressure, harassment, or bullying of an employee by colleagues or management, leading to a deterioration of the psychological climate and reduced work efficiency. The concept of mobbing and the main forms of psychological and economic pressure on the employee are analyzed in detail.

The article provides a critical analysis of the current legislation of Ukraine, particularly the Labor Code and other normative legal acts regulating the protection of employees from psychological violence in the workplace. The Ukrainian legal framework is compared with international standards and the practices of other countries in combating mobbing. Significant gaps and shortcomings in national legislation that hinder effective counteraction to mobbing and protection of employees’ rights are identified.

Special attention is paid to the necessity of amending the legislation to clearly define the measures that employers should introduce and implement to counteract and prevent mobbing in the workforce. The need to introduce controlling bodies as a stimulus for employers to carry out preventive measures against mobbing in the workforce is also determined.

The importance of raising the level of legal culture in society and forming zero tolerance for any forms of psychological violence in the workplace is emphasized.

Constitutional guarantees of social protection for families of deceased (dead) defenders of Ukraine

Tetiana Slobodianyk — 2025-01-24

The article is dedicated to the study of social protection for the families of deceased or dead Defenders of Ukraine in the context of constitutional guarantees. In the current conditions of war, when numerous families have lost their loved ones, it is important to provide a reliable support mechanism for such families through social programs and legislative initiatives, which should become part of the national policy. The authors analyze the role of the Constitution of Ukraine and national legislation in ensuring the rights and interests of the families of deceased servicemen, highlighting the importance of integrating these norms into the social protection system.

The article examines key aspects of social protection, including financial support, pensions, compensation, free medical care, and other social services provided to the families of the deceased. The author emphasizes that social protection for these individuals is not only an act of charity but also a constitutional obligation of the state to its citizens who have made a significant contribution to defending the country’s sovereignty and territorial integrity.

The article specifically focuses on the importance of creating a comprehensive state support policy for the families of deceased defenders, particularly on establishing effective mechanisms for interaction between government agencies. The paper compares existing legislation with international human rights and social protection standards, identifying possible directions for improving the domestic social security system.

The conclusion of the article presents recommendations for improving the legal framework of social protection for the families of deceased Defenders of Ukraine, particularly through the enhancement of national legal norms that guarantee the recognition of their rights and provide support in difficult times. The authors conclude that the role of the Constitution of Ukraine as the fundamental document guaranteeing an adequate level of social protection for the families of deceased (dead) Defenders of Ukraine must be strengthened.

The prosecutor’s powers to collect evidence at the initial stage of inquiry

Kostiantyn Shcherbak — 2025-01-24

Given the criminal procedural regulation regarding the peculiarities of the inquiry initiation, as well as the prosecutor’s powers to supervise the observance of laws during the pre-trial investigation in the form of procedural guidance of the pre-trial investigation, the scope and content of the prosecutor’s powers to collect evidence at the beginning of the inquiry are determined and characterized. The article emphasizes that the primary task at the initiation of the inquiry is to appoint a prosecutor to carry out procedural guidance in a particular criminal proceeding in compliance with the requirements provided for in Articles 37, 110, 214 of the CPC of Ukraine. Furthermore, it is established that the prosecutor’s powers to collect evidence at the initiation of the inquiry are exercised by: checking compliance with the terms and procedure for initiating criminal proceedings established by criminal procedure legislation; and finding out whether the preliminary criminal law qualification of a criminal offence is correct and whether it corresponds to the circumstances of the offence; determining the jurisdiction and verifying the rules of compliance with the rules of jurisdiction for conducting a pre-trial investigation in the form of an inquiry; determining the scope of circumstances to be proved at the initial stage of a pre-trial investigation of a criminal offence and the procedural methods of their collection; determining compliance with the requirements for the grounds and procedural order of urgent investigative (search) and other procedural actions aimed at establishing circumstances important for criminal proceedings; responding to detected violations of the law from the moment of receipt of information (application, notification or self-detection) about a criminal offence; deciding on the consolidation or separation of pre-trial investigation materials; cancellation of unlawful or unjustified decisions of inquirers; direct participation in conducting/independently conducting certain procedural actions aimed at identifying, recording, seizing and examining evidence; giving instructions, orders to the inquirer, the head of the inquiring body or other subjects of evidence during the inquiries.

Administrative law measures to prevent corruption: practical applications in Ukraine

Sergii Tellis — 2025-01-24

The aim of this work is to analyze the specific features of implementing preventive anti-corruption measures in Ukraine. The relevance of the topic is due to the development of international legal cooperation on combating corruption, within the framework of which international legal standards are incorporated into the national legislation of the state participants of international agreements. The methodological basis this work includes general and specialized methods of legal science, particularly the dialectical analysis method, formal and logical methods, normative and dogmatic methods. The article analyzes information on the state of combating corruption in Ukraine, using pre-trial and judicial statistics as sources. The results of the study reveal that the majority of offences related to corruption are administrative in nature; however, the application of administrative law measures has not led to a significant reduction in corruption offences. An analysis of judicial practice and statistical information from reports on the state of combating corruption indicates the lack of uniform interpretation of the requirements of anti-corruption legislation by pre-trial investigation bodies and judicial bodies. In this context, the complexity of practical issues that arise in cases violations of requirements for preventing and managing conflicts of interest is noted, and it is indicated that it is the legal uncertainty surrounding the definitions of «conflict of interest» and «real conflict of interest» that affects the effectiveness of the application of relevant administrative law measures to prevent corruption. The author of this work concludes that contradictory practices in cases of violations related to the requirements for preventing and managing conflicts of interest highlight the need for developing a comprehensive concept for managing conflicts of interest as a preventive anti-corruption mechanism. In the author’s opinion, this situation is due to the borrowing of provisions of international legal standards for combating corruption without proper conceptual justification at the national level. It is in the absence of a conceptual basis that the legislative definition of «real conflict of interest» does not meet the requirements of judicial and administrative proceedings. The author emphasizes that mechanisms for preventing and managing conflicts of interest should be closely aligned with ethical standards and must be subject to specific legal regulation.

Foreign experience in creating joint investigation teams to investigation of criminal offenses

Yuliia Vasiuta — 2025-01-24

The experience of combating transnational crime in the process of criminal evolution demonstrates immunity to traditional systems of investigation and prevention of criminal offenses, administration of justice and bringing guilty persons to criminal responsibility. In today’s conditions, the creation of joint investigation teams for the investigation of criminal offenses is a topical issue, in particular through the prism of foreign experience. This specificity actualizes the need to find optimal ways of interaction between competent authorities of states for the investigation of criminal offenses through the creation of joint investigation teams. The purpose of the article is to analyze the organizational and tactical aspects of the creation of joint investigation teams for the investigation of criminal offenses in foreign states. The methodological tools were general methods of scientific knowledge, namely: analysis and synthesis, induction and deduction, abstraction and scientific forecasting. The study substantiates the need to create joint investigation teams through the interaction of pre-trial investigation bodies of different states. Attention is drawn to the fact that ensuring international cooperation in the field of investigation of criminal offenses of a transnational nature directly depends on the activities of the joint investigation team. A special form of international cooperation during the investigation of criminal offenses involves interaction with a wide range of participants in the criminal process.

Common methods, organizational and tactical recommendations of individual states testify to the positive foreign experience of creating joint investigation teams to improve the efficiency of criminal investigations.

International and national legal regulation of ecocide: retrospective analysis and current state

Yuliia Vlasenko — 2025-01-24

The article examines the peculiarities of the international legal regulation of ecocide. The historical prerequisites for the recognition and necessity of legal settlement of crimes against nature are analyzed. Historical examples of ecocide were highlighted as a separate aspect, primarily in Ancient Greece, during the First and Second World Wars, the Vietnam War, as well as in a number of other armed conflicts. Today, the war in Ukraine and its enormous negative consequences and dangers to nature and the lives and health of people it poses have intensified the processes of international recognition of ecocide as a crime against nature and humanity. A retrospective analysis of the recognition of ecocide made it possible to distinguish four stages of this process, which began in the 1970s. Attention is focused on the importance of legal regulation of the crime of ecocide both in the international and national space. An analysis of historical features and modern approaches to the definition of the concept of “ecocide” was carried out, and an assessment was given to them. Based on the results of the analysis, the key features that distinguish ecocide from other crimes against the environment have been identified. International lawyers and experts conduct active discussions and try to achieve the inclusion of ecocide in the list of crimes defined by the Rome Statute (genocide, war crimes, crimes against humanity and acts of aggression). This would make it possible to criminalize ecocide at the international level and launch the mechanism of international legal responsibility. A conclusion was made about the inconsistency of the current state of legal regulation of ecocide at the international level and the need to solve this problem as soon as possible in order to create a legal basis for the future prosecution of those guilty of crimes against nature.

The right to peaceful assembly in the legal positions of the Constitutional Court of Ukraine

Tetiana Koval — 2025-01-24

The article analyzes the legal positions of the Constitutional Court of Ukraine on the right to peaceful assembly. Despite their small number (two decisions of the Court are devoted to the right to peaceful assembly), they are considered to be landmark and have been serving as a reference for the national legal system for many years.

The authors point out that the concept of the right to peaceful assembly in the legal positions of the Constitutional Court of Ukraine is revealed from different sides. First of all, the Court’s decisions define the general (inalienability, inviolability, and guarantee by the Basic Law of Ukraine) and special (conscious nature; participation of a group of persons; special purpose (expression of common views and interests); peaceful (non-violent) nature; public place, etc. The Court also substantiated the existence of a link between the right to peaceful assembly and other rights and freedoms, e. g. freedom of thought, conscience and religion, the right to free expression of one’s views and beliefs, the right of access to information, etc. The author points out that such a position of the Court is in line with international and European practice, where the right to freedom of assembly is traditionally associated with the rights aimed at expressing communication between a person and society or the state.

The authors have shown that the Court is most interested in the issue of the timeframe for notifying the authorities of a peaceful assembly. The Constitutional Court of Ukraine consciously avoids setting specific deadlines (one day, 10 days, one hour), instead clearly defining the criteria that must be met by the advance notification. In general, the Court’s decisions have confirmed the notification rather than permissive nature of peaceful assemblies. This provision remains relevant even during martial law.

Administrative control as a instrument for enhancing enterprise management efficiency

Serhiy Fedyk — 2025-01-24

The article examines the essence and significance of administrative control within the enterprise management system, particularly in the context of a dynamic and competitive business environment. It has been determined that administrative control is a comprehensive activity aimed at monitoring, analyzing, and correcting management processes to ensure stability, efficiency, and the rational use of resources.

The key principles of administrative control are analyzed, including objectivity, responsiveness, transparency, cost-effectiveness, scientific rigor, as well as the implementation of «top- down» and «bottom-up» control mechanisms. Special attention is given to the principle of self-control, which enhances employee responsibility and motivation. The study concludes that the effectiveness of administrative control largely depends on a well-defined structure, substantiated evaluation criteria, and the integration of control with the planning process.

The role of modern information technologies in ensuring the effectiveness of administrative control has been explored. The implementation of ERP systems, BI technologies, and automated monitoring platforms that enable centralized management, reduce the impact of the human factor, and enhance the speed and accuracy of analysis has been examined. The importance of electronic document management, encryption systems, and cybersecurity for ensuring transparency and security in information processes has been analyzed.

Special attention has been paid to the challenges and limitations of administrative control. It is noted that excessive control can negatively affect employee initiative, create an atmosphere of distrust, and overload management staff. Therefore, the emphasis is placed on the need for a balanced approach to control, which helps to avoid its negative consequences.

The article also explores the relationship between administrative control and the processes of planning, adaptation to changes, and risk management. It concludes that an effective control system is not only a mechanism for checking task execution but also a instrument for obtaining feedback, allowing timely identification of problems and the implementation of preventive measures. The implementation of modern approaches to administrative control contributes to increased competitiveness, optimization of management processes, and the achievement of the enterprise’s strategic goals.

Public governance and administration in Ukraine's post-war recovery

Olga Fedyk — 2025-01-24

The article examines the challenges of Ukraine’s post-war recovery, a complex process encompassing social, economic, infrastructural, and cultural dimensions. The successful implementation of this task depends on effective public administration, which ensures strategic planning and coordination among state, international, and civil institutions. Special attention is given to infrastructure restoration, financial management, integration of internally displaced persons, veterans, and the maintenance of social stability. Key components include economic development, innovation adoption, environmental safety, reintegration of liberated territories, and the preservation of cultural heritage. Emphasis is placed on the need for transparency, digitalization, and integration into European structures.

Administrative and legal principles of the state customs service in the field of corruption prevention

Andriy Tsabeka — 2025-01-24

The article examines the administrative and legal principles of the State Customs Service of Ukraine in the field of corruption prevention, which is a relevant issue for ensuring the effective functioning of the customs system of Ukraine and the formation of a high level of trust in state institutions. The issue of combating corruption in the customs system is complex, as it covers various aspects of the organization of the work of customs authorities, regulatory and legal support and international cooperation, international legislation in the field of combating corruption in customs authorities is analyzed. Attention is paid to the consideration of typical types of corruption that arise in customs authorities, their factors, negative consequences and countermeasure strategies are identified, a theoretical and legal analysis of such a complex category as the competence of customs authorities in the field of combating corruption is conducted, and the author’s vision of the main principles of creating a system for preventing corruption manifestations by amending the current legislation regulating the sphere of customs relations to improve the general state of customs security in Ukraine is formed.

In the above context, it is relevant and appropriate to conduct scientific research on ensuring the transition of the domestic regulatory and legal system to European standards for combating corruption, as one of the reliable ways to properly ensure customs security. The implementation of the specified procedure, in our opinion, currently requires additional research and substantiation of individual conceptual and categorical elements of the system of theoretical and legal regulation of relations for combating corruption in the customs sphere to strengthen customs security. Prospects for further research are to determine the directions of administrative reform in Ukraine, review the powers, tasks and functions of financial control bodies, further analysis and improvement of basic legal concepts that ensure the state of legality in the sphere of customs security.

Economic system in the constitutional dimension

Semen Kasynets — 2025-01-24

The article explores the theoretical and practical aspects of the relationship between the constitutional system and the economic order in the context of modern state formation. The essence and features of the constitutional and legal regulation of economic relations are revealed, the mechanisms of interaction between constitutional norms and the economic system are analyzed. Special attention is paid to the specifics of the transformation of the economic system of Ukraine in the context of overcoming the totalitarian past and building national statehood. The need to form a balanced model of constitutional and legal regulation of economic relations is substantiated, which would ensure the optimal ratio between market freedom and social justice.