Visegrad Journal on Human Rights

Artificial intelligence in criminal procedure: current legal regulations in the EU

Iryna Chernychenko — 2025-10-21

The increasing deployment of artificial intelligence (AI) technologies changed all areas of our lives and has raised urgent legal and ethical questions.

This article explores the integration of artificial intelligence technologies into criminal procedure within the European Union (EU), focusing on the current state of legal regulation.

The article provides an overview of five key documents: European Ethical Charter on the Use of Artificial Intelligence in Judicial Systems and their Environment, White Paper on Artificial Intelligence: A European Approach to Excellence and Trust, European Parliament Resolution on Artificial Intelligence in Criminal Law and its Use by the Police and Judicial Authorities in Criminal Matters, Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law and Artificial Intelligence Act.

Particular attention is paid to the compatibility of AI-based tools with the right to a fair trial, the presumption of innocence, the principle of non-discrimination, data protection and information security standards.

The methodological basis of the study is grounded in a doctrinal legal research approach, combining normative analysis of EU and Council of Europe legal instruments with a comparative review of relevant policy documents and ethical frameworks.

The paper argues that while the EU has made notable progress in outlining a normative framework for trustworthy AI, the regulation of AI specifically within the criminal justice context remains fragmented and requires further harmonization. It also emphasizes the importance of maintaining a balance between innovation, efficiency and the protection of fundamental rights.

Corruption in prisons through the lens of international law: enforcement challenges

Anastasia Chornenka — 2025-10-21

Corruption in penitentiary institutions undermines justice, violates human rights, and fosters crime both within and beyond prisons, posing a serious challenge to international law. This article analyzes international legal mechanisms to combat prison corruption, including key conventions, soft-law recommendations, and European Court of Human Rights practice. It identifies major gaps such as the absence of specialized standards tailored to penitentiary specifics and insufficient monitoring and control. The author advocates for a specialized international instrument mandating regular independent inspections, whistleblower protection, and clear anti-corruption standards to strengthen transparency, accountability, and the effectiveness of the penal system.

New challenges for international criminal law: how to incorporate cybercrimes committed during armed conflicts into the existing legal framework

Daryna Zhabchyk — 2025-10-21

The article examines the legal characterization of cybercrimes in the international context, with particular attention to cyber operations committed during armed conflicts. The study explores the distinction between ordinary cybercrimes, typically prosecuted under domestic criminal law and international cooperation frameworks such as the Budapest Convention (2001), and cyberattacks carried out in wartime, which fall under the scope of international humanitarian law and international criminal law. Special focus is placed on the challenges of attributing responsibility, defining cyber operations in the context of warfare, and incorporating such acts into the jurisdiction of international courts.

The urgency of this article is underscored by the ongoing war in Ukraine, which has demonstrated the devastating humanitarian impact of large-scale cyberattacks on civilian infrastructure, such as the Kyivstar incident currently under investigation by the International Criminal Court. This highlights the pressing need to adapt existing international legal frameworks to ensure accountability for cyber-enabled violations of IHL.

The article analyzes how cyber operations can amount to war crimes, crimes against humanity, or even acts of aggression if their effects meet the thresholds established under Rome Statute of the International Criminal Court. It argues that, although the Rome Statute does not explicitly mention cybercrimes, its provisions are sufficiently technology-neutral to encompass cyber conduct when interpreted in light of humanitarian consequences. Reference is made to the Tallinn Manual 2.0, International Committee of the Red Cross positions, and scholarly contributions that emphasize the adaptability of current law to emerging digital threats.

Furthermore, the study highlights ongoing debates among scholars and policymakers regarding whether explicit amendments to the Rome Statute are necessary, or whether consistent interpretation of existing provisions is sufficient. It stresses that while treaty reform may be politically difficult, judicial practice, state cooperation, and interpretive clarification by bodies such as the Council of Advisers on the Application of the Rome Statute to Cyberwarfare can effectively integrate cyber operations into the framework of international criminal accountability.

The study concludes that incorporating cyber operations into international criminal law does not necessarily require new treaties but rather a consistent interpretation and application of existing norms. Ensuring accountability for cyberattacks in armed conflict will depend on judicial practice, state cooperation, and clarification by international institutions. In this way, the article contributes to the broader debate on strengthening the international legal order in response to the realities of modern warfare.

One-time monetary payment and compensation as ways to enforce intellectual property rights

Olesia Kharchenko — 2025-10-21

The authors determine that the growing role and importance of intellectual property require an increase in the efficiency of its legal enforcement. The enforcement of the rights and legitimate interests of intellectual property rights holders is carried out through an enforcement mechanism that includes a system of forms, methods, and means used by the relevant jurisdictional authorities and stakeholders to ensure proper enforcement of the rights and interests of intellectual property rights holders. It is noted that international legal regulation plays a vital role in the enforcement of intellectual property rights, given its national character.

The article analyses the compliance of the national legislation of Ukraine in the field of intellectual property rights enforcement with the provisions of the Acquis Communautaire and the legislation of the European Community. This is because intellectual property rights are national. Although there are international agreements governing this area, they cannot always resolve all differences. The creation of the EU as a new legal space required a revision of approaches to intellectual property regulation and the development of supranational legal instruments to ensure the effective functioning of the common market.

The article is devoted to defining the legal nature of one-time financial assistance and compensation as forms of compensation for property damage for infringement of intellectual property rights. The article emphasises the key role of ensuring fair and effective enforcement of intellectual property rights to stimulate innovation, technology development, and economic growth. The importance of knowledge and a conscious attitude to the enforcement of these rights lies in their impact on the progressive development of society. The enforcement of intellectual property rights facilitates the exchange of technology and knowledge between countries and organisations, which in turn supports scientific and technological progress on a global scale.

The main form of compensation for material damage caused to the victim is compensation for damages, which includes actual damages and lost profits. When claiming damages, the right holder must prove the existence and amount of damages, as well as their causal relationship to the infringer’s actions. Usually, when exclusive rights are infringed, damages are expressed in the form of lost profits – the amount that the right holder could have received if the infringer had entered into an agreement with him/her and used the intellectual property for a fee. Lost profits should be considered at least as much as illegally obtained profit. The application of a one- time monetary penalty instead of compensation for damages for the misuse of an intellectual property right implies that the amount of this penalty is determined by the law, taking into account the person’s fault and other essential circumstances.

It is the responsibility of the victim to prove the amount of damages suffered, which also requires proving that the exclusive right has been infringed. This method of restoring the infringed right is complex for the subject of the exclusive right, as it requires submission to the court of evidence of the losses, documents confirming their amount, and proof that the actions of a particular infringer caused the losses. The amount of compensation depends on the intent of the infringer. If the infringement was intentional, the amount of compensation may be tripled, and in the absence of intent, doubled. This means that liability for violation of rights arises even without intent.

Encroachment of a right and threat of infringement of a right as grounds for the right to enforcement of intellectual property rights

Yuriy Nosik — 2025-10-21

The article discusses the general methods of civil rights enforcement that may be applied by a court, in particular, when protecting intellectual property rights, as set out in Article 16 of the Civil Code of Ukraine. The authors also discuss special methods of enforcement of intellectual property rights provided for in part 2 of Article 432 of the Civil Code of Ukraine, according to which the court may make a decision in cases and in the manner prescribed by law.

The remedies are directly related to the nature of the violation of a subjective civil right or interest, in particular: the definition of the violated right or interest; the fact of the violation itself (non-recognition, contestation) or the threat of such violation; the possibility (or expediency) of restoring the right, removing obstacles to its exercise, or compensation for the consequences of the violation; as well as the need to apply a comprehensive approach to enforcement, etc.

It is determined that infringement is only an attempt, preparation, or attempt to commit a civil offence. As for the threat of infringement as a way of protecting intellectual property rights, it is characteristic of copyright and is a separate type of unlawful behaviour that is culpable, real, purposeful, and public. It is determined that, depending on whether the rights have already been violated or there is only a threat of their violation, the remedies can be divided into those aimed at terminating the violation and eliminating its consequences and those aimed at preventing the violation of rights.

Urgent need for additional codification of forms of material and non-material (political) responsibility of states

Valeriy Lykhvar — 2025-10-21

The article is devoted to the study of the need for additional codification of the forms of material and non-material (political) responsibility of states. The codification of international legal responsibility is a systematic process of setting out the norms of international law regarding the responsibility of subjects for violating international obligations, which is carried out through the creation of codified acts - conventions or resolutions. The main goal of the codification of international legal responsibility is to ensure clear and understandable regulation of the procedure for international legal responsibility and to promote the development of international law. The purpose of the article is to study five main doctrinal documents on the issue of codification of the forms of material and non-material (political) responsibility in international public law for the purpose of the commonality of the names of the forms of international legal responsibility - UN General Assembly Resolution No. 56/689 entitled “Responsibility of States for Internationally Wrongful Acts” of December 12, 2001; Decisions of the International Court of Justice, which establish the responsibility of states for violations of international law and, accordingly, the application of various forms of material and non-material (political) responsibility); the Rome Statute of the International Criminal Court, which defines the composition of international crimes (genocide, crimes against humanity, war crimes, the crime of aggression) and establishes responsibility for their commission in the form of material and non-material (political) responsibility; the Statutes of the International Military Tribunals in Nuremberg and Tokyo (Far East), which established responsibility for crimes against peace, war crimes and crimes against humanity committed during the Second World War and the application of various forms of material and non-material (political) responsibility for these crimes.

Methods of analysis, synthesis, comparative law, and a systemic approach are used for a comprehensive study of five doctrinal documents on the issue of codification of forms of material and non-material (political) liability in public international law and practical aspects of introducing these forms to a country that violates public international law.

The study shows:

The absence of use of retortion as a form of international legal responsibility in all 5 studied documents;
The use of substitution as a form of international legal responsibility in only one document;
The average use (in 2-4 documents) of restitution, satisfaction, restoration, reprisals and sanctions as forms of international legal
The use of reparation as a form of international legal responsibility in all analyzed documents;

As a general conclusion, we can say that there is an urgent need for additional codification of the forms of material and non-material (political) responsibility of states and is a necessary step to ensure the effectiveness and justice of international law in the modern world. It will allow to eliminate gaps, systematize existing norms, take into account new challenges and ensure a clearer and fairer application of international law.

Stoicism and philosophy of Hryhoriy Skovoroda as an ethical strategy of moral endurance in modern Ukraine

Oksana Matviienko — 2025-10-21

Stoicism is not only a philosophy of antiquity, but also a living ethical system that resonates with the Ukrainian experience. Endurance and perseverance are key features of the Ukrainian people that can be understood through the prism of stoicism. The article examines the stoic ethics and philosophy of Hryhoriy Skovoroda as an ethical strategy of moral endurance in the context of modern challenges facing Ukrainian society. The author analyzes the parallels between stoicism and Skovoroda’s teaching, in particular their joint attention to inner freedom, self-knowledge and spiritual stability. In the context of war, social transformations and the search for national identity, these philosophical approaches are proposed as an ethical basis for the formation of civic maturity, collective endurance and renewal of Ukrainian spirituality.

Moral endurance is not only an individual trait, but also a collective strategy for survival and renewal. In the context of war, social turbulence and the search for new meanings, Ukrainian society turns to philosophical sources that can provide ethical support. Stoicism, as a school of internal discipline, and Grigory Skovoroda’s philosophy, as a doctrine of self-knowledge and spiritual freedom, offer deep foundations for the formation of moral endurance. Their combination opens up prospects for the ethical renewal of Ukrainian identity.

Modern Ukraine is undergoing a profound transformation caused by war, social upheaval and the search for a new national identity. In this context, moral endurance appears not only as an individual virtue, but also as a collective ethical survival strategy. Stoicism and the philosophy of Grigory Skovoroda are not just historical teachings, but living systems that can provide Ukrainians with internal support, meaning and spiritual stability. Of particular relevance is the question: How can these philosophical traditions be integrated into the modern Ukrainian discourse of moral endurance? Can they form a new ethic of civic maturity that resists fear, despair, and disorientation? Yuriy Shevelev, Ivan Franko, Lina Kostenko are Ukrainian authors who have touched upon the topic of inner strength, the so - called ethics of “inner fortress”.

Ukrainian society is going through a period of deep upheaval caused by war, social crises and the search for new meanings. In such circumstances, moral endurance appears as a key ethical category that determines the ability of an individual and community to maintain dignity, inner freedom, and spiritual integrity. Stoicism - as an ancient School of self - discipline - and the philosophy of Hryhoriy Skovoroda-as a Ukrainian version of the ethics of self-knowledge-offer deep foundations for the formation of this endurance. Their combination opens up prospects for the ethical renewal of Ukrainian identity.

Victimological prevention as a special criminology direction of preventing fraud and human trafficking in the sphere of tourism activity

Iryna Nesterova — 2025-10-21

The article analyzes victimological measures to prevent fraudulent activities and human trafficking in the tourism sector.

Attention is focused on the fact that victimological prevention is an important direction of preventing criminal offenses, which is carried out at a special criminological level. Fraudulent acts and human trafficking in this area have their own characteristics; accordingly, victimological prevention measures should also have its own specifics.

It has been determined that victims of fraudulent actions in this kind of activity do not have clearly expressed victim characteristics, and therefore preventive work regarding them should primarily consist of informing about precautionary measures and ways to ensure one’s own victimological safety.

It was concluded that due to the fact that victims of human trafficking are mostly women who, in an effort to earn a living, agree to any work abroad, including prostitution, it is impossible to significantly reduce their victimization level by informing them about the potential possibility of becoming a victim of human trafficking without addressing basic socio-economic problems.

Legal aspects of the use of land designated for forestry in Ukraine

Dmitry Novokshonov — 2025-10-21

The aim of the work is to analyze the legal regime of forestry lands and existing mechanisms for forest restoration in Ukraine. The article examines legislative initiatives to regulate self-forested areas and conserve degraded lands as effective means of increasing forest cover and achieving an optimal rate of 20–22%, which corresponds to European standards.

The methodological basis of the study consists of general theoretical and empirical methods of scientific cognition. Dialectical, systemic, comparative-legal, formal-legal, and historical methods were applied. This approach made it possible to comprehensively analyze the legal aspects of the use of forestry land in Ukraine, assess its dual nature — as an object of land and forest legal relations — and propose ways to improve legislation.

Results. The study confirms that the legal regime for forestry land and the legal regime for forests are inextricably linked and form a single system. The use of these lands is a complex phenomenon regulated by the provisions of the Land and Forest Codes of Ukraine. The main task of forest management in Ukraine is to increase the level of forest cover, which currently stands at only about 18%. The paper proves that one of the key mechanisms for solving this problem is the afforestation of low-productive and degraded areas, as well as the legalization of natural self-afforestation. In particular, new legislative provisions are analyzed that allow for the acquisition of self-afforested land plots and changing their intended use.

Conclusions. The comprehensive use of legal instruments, including targeted afforestation, support for natural reforestation, and land conservation, is the most effective way to increase forest area. These approaches will not only raise forest cover to European standards, but will also promote sustainable forest management and address environmental issues.

Conflict-related sexual violence under international criminal law: precedents of the international criminal court

Kristina Petroniuk — 2025-10-21

This article examines the legal nature of conflict-related sexual violence (CRSV) through the lens of the International Criminal Court’s practice. The author analyzes key provisions of the Rome Statute that classify sexual crimes as war crimes, crimes against humanity, and elements of genocide. Particular attention is paid to four cases: Prosecutor v. Germain Katanga, Prosecutor v. Bosco Ntaganda, Prosecutor v. Jean-Pierre Bemba Gombo, and Prosecutor v. Dominic Ongwen. In the Katanga case, the Court established for the first time the criteria for proving the involvement of commanders in the sexual crimes of their subordinates. In the Ntaganda case, the provision on sexual violence as a war crime was established even with regard to members of armed groups. The Bemba case was the first to conduct an in-depth analysis of the limits of command responsibility for sexual violence committed by subordinates. The Ongwen case was the first to classify forced pregnancy and forced “marital servitude” as separate crimes against humanity, as well as to combine individual and command responsibility. The article concludes that the practice of the ICC has finally established the principle in international criminal law that sexual violence in armed conflicts is not a side effect of war, but a separate type of international crime that requires proper classification and punishment.

The relationship between morality, responsibility and social freedom: a philosophical aspect

Bohdana Shandra — 2025-10-21

The article is devoted to the study of the interaction between moral norms,responsibility and social freedom in the context of philosophical aspects. The author analyzes the importance of philosophical aspects that stimulate reasoning about how these aspects interact with each other in modern society. The analysis of philosophical aspects includes the study of the historical development of the concepts of morality and responsibility, as well as their relationship with the concept of social freedom.

This process makes it necessary to take into account the difficulties and contradictions that may arise in the process of understanding and practical application of these concepts. In addition, the study of the philosophical aspect of the relationship between morality, responsibility and social freedom can contribute to the development of more principled and effective approaches to practical issues of modern society.

The purpose of the article is a detailed analysis of the philosophical aspect of the relationship between morality, responsibility and social freedom. To investigate the theoretical connections between these concepts and reveal their impact on society and the individual.

The article analyzes the importance of moral norms as restrictions and at the same time guidelines for the exercise of freedom of choice. It is noted that moral principles are able to narrow the available options in individual cases, setting the boundaries of an individual’s behavior. At the same time, they can serve as a guide, offering a morally acceptable direction for making decisions and implementing actions.

It also examines the conflict that can arise in a person when his moral beliefs collide with other goals or circumstances, and he is forced to choose between them. The author emphasizes that morality is a necessary component of freedom: the exercise of one’s own will by an individual must necessarily take place without infringing on its freedoms and the rights of other individuals. The article emphasizes that freedom is directly related to responsibility: taking into account the general crisis of civilization, the progressive growth of destructive, destructive capabilities of a person as a subject of activity, any reflection on freedom is unthinkable without correlating it with responsibility. The general crisis of the social system and new processes of development of modern society require the development and expression of a new ideological paradigm.

General grounds for termination of delegation of public powers

Mykhailo Shevchenko — 2025-10-21

The pertinence of the research stems from the fact that against the background of the growing practice of delegation of public powers in the legislation and judicial case-law of some countries there is no unity in determining the grounds for termination of delegation of public powers. Relying on the results of generalizing the legislative provisions on the withdrawal (revocation) of delegated public powers, as well as referring to relevant foreign experience, the author summarized that the main grounds for terminating the delegation of public powers are generally recognized to include: (1) early return by a public authority of the delegated powers (with compensation for losses caused by this decision to the relevant public authority or private entity); (2) impossibility of exercising delegated powers for objective reasons; (3) systematic violation of the principles and rules for the exercise of delegated powers; (4) negative assessment of the effectiveness of the exercise of delegated powers; (5) non-compliance of a public authority or private entity with delegated powers with the requirements for eligibility for delegated powers. Nevertheless, the study found that there could be no legal consequences for the participants in the delegation of powers of the fact that the legal act serving as a basis for an administrative act or administrative agreement on delegation of powers was amended, except if respective legal provisions have not undergone substantive changes. Similarly, changes in the name, as well as a reorganization of public authorities or private entities as participants in the delegation of powers do not entail the termination of delegation of powers. Instead, in such circumstances, public succession takes place, during which the rights and duties under the document on the delegation of powers are transferred to their successors, unless this has led to the acquisition of power by an entity that does not meet the criteria for this. The author, moreover, maintained that the provisions of the legislation governing the matter of termination of delegation of powers should determine the rules for administrative proceedings that have been initiated and not completed by the time the delegated powers were withdrawn (revoked).

Legal basis for forensic psychological examinations of children in contact with the law

Olena Slipets — 2025-10-21

An analysis of international and national law provisions has been conducted from the perspective of the legal grounds for conducting forensic psychological examinations of children who are in contact with the law. It is shown that the norms of international law and, to a lesser extent, national norms indicate psychological facts that may be of legal significance for law enforcement practitioners in establishing the qualifying grounds for a crime, assessing children’s testimony, and contain guidelines and recommendations for organising investigations in such a way as to create optimal conditions for restoring appropriate conditions for the development of a child in conflict with the law, overcoming the negative consequences of unlawful events of which the child has been a victim or witness . The regulations mainly refer to the quality and duration of investigations, avoiding the psychotraumatic impact on the child of the investigation and court proceedings, reducing the number of interviews and giving due attention to children’s testimony.

Administrative and legal mechanisms of reintegration of war veterans in the conditions of a special period

Serhiy Sіvkov — 2025-10-21

The article is devoted to the study of administrative and legal mechanisms for the reintegration of war veterans in the conditions of a special period, which is caused by military aggression against Ukraine and the long-term impact of crisis processes on all spheres of public life. The work proves that war veterans constitute a specific social group that requires a holistic system of legal, organizational and administrative guarantees for successful adaptation to peaceful life, return to professional activity, as well as ensuring proper social and psychological protection. It is determined that administrative and legal mechanisms are a key tool of public administration aimed at forming a transparent, effective and inclusive state policy in the field of veteran support.

The article analyzes the modern regulatory and legal framework of Ukraine that regulates the issues of social protection and reintegration of veterans, outlines its strengths and weaknesses. Particular attention is paid to the problem of fragmentation of legal regulation, insufficient coordination between central and local authorities, as well as a weak mechanism for monitoring the implementation of state programs. The importance of integrating international experience, in particular the practices of NATO and EU countries, where comprehensive models of rehabilitation, professional retraining and long-term support for veterans operate, is emphasized. The author emphasizes that the effectiveness of reintegration policy is possible only if administrative procedures are combined with innovative social services, the development of e-governance and the broad involvement of civil society institutions.

It is concluded that administrative and legal mechanisms in the field of veterans’ reintegration should provide for: systematic legal support; clear procedures for veterans’ access to services and benefits; the creation of a single digital platform for accounting and support of veterans; the implementation of socio-psychological rehabilitation programs; the introduction of an effective mechanism for interdepartmental coordination. The implementation of these areas will contribute to the formation of an effective state policy in the field of reintegration, increasing the level of trust in the authorities and ensuring sustainable development of society in the conditions of a special period.

Legislative drafting technique as a factor of guaranteeing the rule of law

Ihor Vozniak — 2025-10-21

The article defines the legislative drafting technique and characterises its role in ensuring the rule of law. Formal and material aspects of the rule of law are examined. Criteria for determining whether a law can ensure legal certainty as an element of the rule of law are formulated based on the decisions of the Constitutional Court of Ukraine. The practice of other Ukrainian courts is used to provide examples of low-quality legislation. The case law of the European Court of Justice and the European Court of Human Rights is analysed to illustrate the importance of clear and unambiguous legislation in safeguarding people’s rights. The criteria of good legislation formulated by the Office for Democratic Institutions and Human Rights are listed. The conclusion about the possibility for further development of the theory of good legislation is drawn.

The balance between innovation and human rights: problems of applying artificial intelligence

Terezia Popovich — 2025-10-21

The article provides a comprehensive analysis of the impact of artificial intelligence technologies on the human rights system in the context of the digital transformation of society. The main threats and challenges posed by AI systems for the implementation of fundamental human rights and freedoms are investigated. Particular attention is paid to the problems of algorithmic bias, which leads to a violation of the right to non-discrimination, mass collection and processing of personal data without proper control, which threatens the right to privacy, restrictions on freedom of expression through automated content moderation, as well as threats to the right to a fair trial in the case of using automated decision-making systems without proper transparency.

The specific risks associated with mass surveillance and biometric identification technologies, including facial recognition systems in public places, the use of AI in employment and the military, and the manipulation of public opinion through deepfake technologies, are analyzed. Three stages of assessing the impact of AI on human rights are considered: analysis of the quality of training data, risk assessment at the system design stage, and consideration of algorithmic interactions. It is argued that AI systems, by their nature, reproduce social biases embedded in past experience data and do not have the inherent ability to change their behavior in accordance with the evolution of ethical norms in society. The application of artificial intelligence in the financial sector is examined in detail, in particular in credit scoring systems, where algorithms analyze huge amounts of data about the applicant’s digital footprint. The problem of “network discrimination” is identified, when a person’s financial capabilities are assessed based on the characteristics of their social environment, which violates the principle of individual responsibility and can limit freedom of belief through self-censorship. The example of the practice of American companies shows how the use of AI systems in financial decision- making can both expand access to credit for representatives of marginalized communities and strengthen existing forms of discrimination.