Visegrad Journal on Human Rights

Features of the legal regulation of the balance of work and rest of judges in the Member States of the European Union

Maryna Barsuk — Mon, 15 Jul 2024 00:00:00 +0300

The article delves into the nuances of legal regulations governing the equilibrium between work and leisure for judges across European Union member states. It is initially recognized that a robust model of work-life balance applies to judges in jurisdictions where they are regarded as employees by status. Similarly, in jurisdictions where judges are not classified as employees, yet are entitled to social security provisions, the principles of a balanced work-life structure are upheld. Through an examination of the prevailing legislation across EU member states, it becomes clear that some countries, particularly the Czech Republic and the Republic of Poland, do not adequately prioritize the protection of the necessary work-life balance of judges. Consequently, judges in these jurisdictions are compelled to operate amidst social risks stemming from the absence of a balanced work-rest dynamic. These risks include constraints on familial engagement, susceptibility to occupational hazards, and the onset of professional burnout, among others. Additionally, among the EU member states, there are those where the balance of work and rest of judges is appropriately regulated, such as Romania and the Republic of Lithuania. In these countries, the legislation accounts for the specific duration of a judge’s work and recognizes the necessity to provide judges with the right to special short and paid leaves related to their personal life. The conclusions drawn in the article encapsulate the findings of the study and propose avenues for enhancing the legal framework governing the social protection of judges in Ukraine. Firstly, in regulating various facets of judges’ work and rest, it is imperative to adopt a logical approach. If the nature of a judge’s responsibilities precludes a precise determination of their working hours, it is essential to establish, within current legislation, the minimum duration of daily and weekly rest periods to ensure judges’ right to rest without compromising their social security. Secondly, as part of enhancing the social protection mechanism for judges in Ukraine, it is recommended to introduce short (up to 3 working days) paid leaves for judges pertaining to family circumstances. These may include events such as the judge’s marriage, the birth of a child, the marriage of a child, and the death of a spouse or parent, among others.

Enforcement of decisions of the Constitutional Court of Ukraine: issues of legal doctrine

Miroslava Bielova, Dmytro Byelov — Mon, 15 Jul 2024 00:00:00 +0300

It is indicated that the key problem in the activity of the Constitutional Court of Ukraine is ensuring the implementation of its decisions. Without solving this issue, it is impossible to guarantee the supremacy of the Constitution, the principle of separation of powers and the existence of an independent judicial branch of government as a separate institution. Ignoring the decisions of the constitutional control body undermines the very system of checks and balances, the authority of the Basic Law and the constitutional order in the country in general. These principles underlie the implementation of decisions of constitutional courts, the purpose of which is to ensure constitutional legality. In Ukraine, the mechanism for the implementation of the decisions of the Central Committee of Ukraine has already been developed in general, but there are problems related to the non-implementation of some of its decisions for a long time. Therefore, the task of further improvement of this mechanism and its proper legislative regulation remains relevant.

The authors claim that Ukraine has already developed a mechanism for implementing decisions of the Constitutional Court. However, this system is not perfect, which is evidenced by the fact of non-execution of individual court decisions. Therefore, the issue of continuing the work on improving the existing mechanism for implementing decisions of the body of constitutional jurisdiction, securing it properly at the legislative level, remains urgent. At the same time, the problem of the quality of such execution comes to the fore, for the solution of which it is necessary to develop criteria for the effectiveness of the execution of court decisions, which will allow to assess the quality of the legal acts that are introduced and the work of the responsible entities. Both outlined problems definitely need further thorough scientific research.

In addition, according to the authors, it should be noted that the issues of the legal nature of the legal positions of the Constitutional Court of Ukraine and the criteria for the effective implementation of its decisions remain interacting categories and, therefore, require thorough scientific study. At the same time, clarifying the legal force of the Court’s legal positions is complicated by the lack of their legislative definition, by a certain difficulty in understanding the role and place of the body of constitutional jurisdiction in the system of state power. At the same time, the legal positions have a normative and mandatory character, reflected in the acts of the KSU. The need to ensure their immutability follows from the principles of legal certainty and stability of the Constitution. However, the possibility of revising some legal positions in connection with the change in the socio-political structure of the state is gaining relevance.

Principle of humanism and human rights

Miroslava Bielova, Oleg Byelov — Mon, 15 Jul 2024 00:00:00 +0300

Human and civil rights have emerged as a crucial legal institution, evolving through constitutional law, legal theory, and various legislative sectors. This institution gained prominence in the latter half of the 20th century, both nationally and internationally. It represents one of the most significant achievements in society’s legal development, tracing back to ancient times and culminating in its current status as an essential feature of democratic, rule-of-law states.

However, the contemporary approach to democracy’s principles is considered somewhat outdated. There’s a global need to reassess established concepts and develop fresh perspectives on equality, justice, and protection.

The enduring stability of human and civil rights protection is rooted in scientifically and practically tested principles. This concept’s viability and progressive nature stem from a blend of legal, moral, traditional, and other social regulatory norms. Such an approach helps prevent legal negativity from dominating the legal system and curbs legal nihilism and indifference.

Legal principles serve as indicators of law’s development and starting points for legal regulation. They should reflect fundamental values, embodying the essence of “ideal” law. These principles aim to ensure ideological consistency in lawmaking, law enforcement, and overall legal order, guiding the legal system towards universal ideals like democracy, justice, equality, humanism, and individual freedom.

Humanism, as a legal concept, views humans as supreme, self-sufficient, and self-aware beings. It manifests in at least two ways: as a moral requirement for human behavior and as a recognition of human beings as the highest social value within the state.

Ecological and cultural niches in the environmental education. Legal connotations

Mon, 15 Jul 2024 00:00:00 +0300

The human being is the only species in the Universe holding two existential niches: a cultural one, and an ecological one. Along the humankind development, the most often objectives were survival, fulfilling one’s needs and the quality of life. To achieve these goals, the cooperation between the two niches is mandatory, due to the humankind’s double nature, biological and spiritual. In this context, the process of environment education cannot be other that an integrated one, relying on training and self-training, and the environment community law has to enter into the EU efforts of implementing the “European Green Deal” which implies the achievement of the climate neutrality by 2050.

Regulatory and legal support of tax policy in Transcarpathia in 1944-1946

Serhiy Boldyzhar — Mon, 15 Jul 2024 00:00:00 +0300

A study of normative legal acts adopted by the People’s Council of Transcarpathian Ukraine in the period 1944-1945 aimed at forming the tax system of Transcarpathian Ukraine was conducted. The structure of the financial and tax authorities of the region, their powers, the system of state and local taxation was studied, which allows us to draw certain conclusions about the state and legal direction of Transcarpathian Ukraine.

Policy of the European Union in relation to Ukraine

Ihor Dir — Mon, 15 Jul 2024 00:00:00 +0300

The aim of the work is comprehensive analysis of the state of bilateral relations between Ukraine and the European Union at the stage after the opening of the accession negotiation process.

The methodological basis of the study official websites of specialized institutions in Ukraine and the European Union, laws, analytical reports, articles by other scientists, etc.

Results. In April 2024, the European Commission issued a Proposal for a Council Implementing Decision on the approval of the assessment of the Ukraine Plan. This Plan, in addition to the provisions on the reconstruction of Ukraine and financial support, also contains other important provisions. Yet, the document contains a reform plan that must be implemented by Ukraine. In general, the Ukraine Plan proposes 69 reforms and 10 investments accounting for 146 qualitative and quantitative steps. These reforms are based on 15 key sectors, which also cover sectors of the EU acquis. Sectors in which it is necessary to attract investments are additionally selected. An important feature of this Plan is also the fact that the number of steps necessary for the implementation of these reforms is determined.

An important feature of each of these reforms is that it takes into account the EU acquis. For example, the goal of the Public Administration reform cluster is strengthening the capacity and efficiency of the Ukrainian administration and the gradual alignment of the rules, standards, policies, and practices with the EU acquis. Accordingly, the introduction of certain reforms has a positive effect on Ukraine’s implementation of the EU acquis in domestic legislation. It was found that out of 33 clusters of the EU acquis, the implementation of reforms will have broad alignment with recommendations in the 2023 Enlargement Report for 14 clusters. Another 11 clusters will be partially approximated.

Conclusions. As a result of the study, it was found that the European Union actively helps Ukraine in its European integration aspiration. Thus, in April 2024, the Proposal for a Council Implementing Decision on the approval of the assessment of the Ukraine Plan was presented. In addition to the provisions on the reconstruction of Ukraine, this report contains a reform plan that must be implemented by Ukraine in order to bring domestic legislation as close as possible to the EU acquis.

Administrative liability for violation of legislation in the field of volunteering

Vladyslav Gapon — Mon, 15 Jul 2024 00:00:00 +0300

The article analyzes the peculiarities of administrative liability for violating legislation in the field of volunteer activities. It is established that administrative liability is one of the forms of legal liability, providing for a negative response of the state, represented by its authorized bodies, to an administrative offense (misdemeanor), imposing an administrative penalty as determined by law on the guilty subject. The author examines the main grounds for administrative liability in the field of volunteer activities, and as a result, it is established that the Law “On Volunteer Activities” does not regulate this issue in detail, unlike the provisions of the Law “On Charitable Activities and Charitable Organizations”.

The author establishes that the main administrative offenses in the field of volunteer activities are those enshrined in Chapter 12 of the Code of Administrative Offenses, i.e., those provided for in Articles 155-16628 of the Code of Administrative Offenses. Additionally, there are categories of administrative offenses in the field of taxation and financial reporting provided for in Articles 1551, 1631 and 16316 of the Code of Administrative Offenses. Furthermore, administrative liability of entities in the field of volunteer activities may also arise in case of violation of customs rules, as provided for in Article 472 of the Customs Code of Ukraine.

Having analyzed the main statistical indicators of the detection of administrative offenses under Articles 155-16628 of the Code of Administrative Offenses, as well as the individuals who committed them, it was found that there is a tendency to increase their number. At the same time, the number of cases of administrative offenses under Article 472 of the CCU has significantly decreased since the beginning of the full-scale invasion, which may be due to the difficulty of detecting this category of offenses, especially in border regions.

Subjects of attracting and using international military aid in Ukraine

Nadiia Horobets — Mon, 15 Jul 2024 00:00:00 +0300

The article is devoted to clarifying the subject composition of the involvement and use of international military aid in Ukraine. It was determined that the relevance of studying this issue is due to the need to minimize corruption risks during the involvement and use of international military aid, as well as to ensure the transparency of these processes in order to build trusting legal relations between Ukraine and the countries that provide such aid. Given the lack of comprehensive research on this issue, the basis of the study is the legislative and by- laws of Ukraine, which define the powers of the entities that participate in the involvement and use of international military aid. It was found that until 2024, despite 2 years of war, the concept of “international military aid” was absent in the legislation of Ukraine, which made it possible and complicated to develop and approve the procedure for attracting and using international military aid. It was emphasized that with the adoption by the government of Resolution No. 168 on February 13, 2024, the powers and limits of responsibility of the subjects of the general (the Verkhovna Rada of Ukraine, the President of Ukraine, the Cabinet of Ministers of Ukraine) and special (the National Security and Defense Council, the Ministry of Defense of Ukraine, the Armed Forces Forces of Ukraine) competence in the field of attraction and use of international military aid. It was concluded that, in practice, the above-mentioned subjects’ implementation of their powers will contribute to the transparent receipt, distribution of such aid, its targeted use, and the preparation of appropriate reporting for partner countries.

Some aspects of Combating Transnational Organized Crime

Valentyna Hrankina, Anna Abdel Fatah — Mon, 15 Jul 2024 00:00:00 +0300

The article is devoted to the study of the problem of transnational organized crime, which is a relevant and negative manifestation of public life not only in Ukraine but also in most foreign countries. Crime is a stable phenomenon and inseparable from human society, and it should be noted that organized crime is stable in its essence and structure, but variable depending on the requirements of time. At present, Ukraine is facing the emergence of a fundamentally new form of transnational organized crime, which is a crime against national security. In particular, the military-political situation in our country, which is associated with the military aggression of the Russian Federation, contributes to the intensification of the movement of weapons, explosives and other military items, as well as the recruitment of citizens to participate in illegal state activities.

The article examines the problem of combating transnational crime and suggests ways to counteract this type of crime. At the national level, combating this type of crime requires coordination of law enforcement agencies, formation of joint operational and investigative teams and think tanks. There is also a need to improve the legal framework for combating this phenomenon, which should take into account existing international standards and the implementation of the UN Convention against Transnational Organized Crime into Ukrainian legislation. It is determined that in the current socio-political environment, this problem is actually becoming a matter of national security of Ukraine. According to the Strategy of National Security and the Fight against Organized Crime, the search for new ways and answers to the challenges and prevention of transnational organized crime and corruption in the context of military operations, aggression and internal instability necessitates the study of an international mechanism of protection against such extremely dangerous actions. The author believes that it is advisable for Ukrainian law enforcement officers to study the experience of leading foreign organizations so that they have a real opportunity to work proactively in preventing corruption, countering terrorism and other segments of transnational organized crime.

The role of non-governmental organizations in the functioning of International Human Rights protection mechanisms

Andrii Ivanytskyi — Mon, 15 Jul 2024 00:00:00 +0300

Effective protection of fundamental human rights is one of the main features of a modern democratic state governed by the rule of law. Non-governmental human rights institutions are an important component of the international human rights protection mechanism, as they operate at the local, regional, national and international levels. The relevance of the study is due to several factors, including: increased attention to human rights in the international legal system, increasing cases of human rights violations in the world, and the lack of effectiveness of national human rights mechanisms. Among other things, the Russian-Ukrainian war is of particular relevance, as the level of human rights violations in the conflict zone is extremely high. In view of this, a comprehensive study of the role of international non-governmental organisations in international human rights mechanisms is clearly relevant.

The aim of the work is defining the role of non-governmental organisations in the international human rights protection mechanism and determining the forms of participation of international non-governmental organisations in the protection of human rights at the international level.

The methodological basis of the study. In order to achieve this goal, an integrated approach is applied, which determines the use of general and special scientific research methods. In particular, the functional method was used to determine the functions of international non-governmental organisations in the field of human rights protection. The formal legal method was used to analyse the provisions of international legal acts. The systemic-structural method was used to identify the main features of the participation of international non-governmental organisations in the mechanism of human rights protection at the international level. The methods of analysis, synthesis, induction, deduction, and analogy were also used to formulate conclusions and proposals.

Results. The article examines the role of international non-governmental organisations in the international human rights mechanism. The study covers the results of the activities of international non-governmental organisations Amnesty International, Human Rights Watch, International Federation for Human Rights, Human Rights First, Interights and other non- governmental organisations that draw the attention of citizens and governments around the world to human rights violations. It is noted that the activities of non-governmental organisations in addressing the issue of human rights protection are effective and have an important impact on the resolution of human rights violations. It is emphasised that the role of international non- governmental organisations is growing in the current context, as their activities have an impact on addressing human rights violations in the context of the Russian-Ukrainian war.

Legal aspects of the application of Artificial Intelligence in jurisprudence: the experience of Ukraine

Natalia Kalyniuk, Kateryna Melnykova — Mon, 15 Jul 2024 00:00:00 +0300

The aim of the work is to study and analyze the role of artificial intelligence in jurisprudence in the context of the European integration of Ukraine.

The methodological basis of the study is the dialectical method of scientific knowledge, since with its help the genesis of the development of artificial intelligence in society in general, including in jurisprudence, interaction with other elements of the legal system of Ukraine, prospects for development in domestic criminology, etc. was revealed. The anthropological approach helped reveal the importance of reforming domestic criminology in the context of international legal standards in the field of human rights. From the standpoint of the value approach, the role of artificial intelligence in modern criminology is investigated. The work uses such general scientific methods as: system analysis, going from the general to the specific, analogy, generalization, comparison. Special-legal methods, such as comparative-legal, formal-dogmatic, sociological-legal, cultural-legal.

Results. The article found that artificial intelligence is popular in many areas of human activity, in particular in jurisprudence: for checking documents, conducting legal research, forming accounts for court costs, distributing court cases between judges, drawing up contracts, searching and highlighting the necessary information in the text legal document, detection and investigation of crimes, conducting forensic examinations, etc. It has been proven that the field of digital forensics covers the detection, recording, preliminary investigation and use of computer information, digital traces and means of processing them to solve tasks related to the detection, detection, investigation and prevention of crimes.

Conclusions. Digital forensics focuses on the patterns of occurrence and use of digital traces, the development of technical means, techniques and methods for the detection, recording, extraction and study of digital information (evidence), as well as the development of techniques and methods for processing digital information. This is a branch of criminology that studies the means to uncover targets based on knowledge of these patterns, investigate and prevent crimes. During martial law, the possibilities of using artificial intelligence in Ukraine are implemented in three areas of criminal justice: preventive activities, pre-trial investigation activities, and trial activities.

Academic integrity of scientists: problems of implementation and responsibility in Ukraine

Volodymyr Kryvolapchuk, Tetiana Pluhatar — Mon, 15 Jul 2024 00:00:00 +0300

The article outlines the concept of academic integrity as a component of academic culture and states the academic integrity of researchers is a key aspect in determining the quality and reliability of scientific research, as well as the reputation of the scientific community. Adherence to the principles of academic integrity is the foundation for the development of scientific knowledge and innovation.

It was noted that Ukrainian legislation provides a clear framework for the regulation of academic integrity, establishing fundamental principles, requirements, and sanctions for violations. This contributes to the assurance of the quality of education and research, as well as the enhancement of trust in the outcomes of educational and research activities. A critical assessment of the list of violations of academic integrity is given. Particularly emphasized the shortcomings of the legal regulation of the definition and application of the institute “academic responsibility” as a form of ensuring “academic integrity”. The authors analyze and summarize the basic ethical principles that form the basis of academic integrity.

Conclusions. Thus, academic integrity violations, such as plagiarism, can result in serious consequences, including the revocation of academic degrees and academic titles. At the same time, maintaining academic integrity is a researcher’s moral and professional obligation, as it affects public trust in scientific results. Maintaining academic integrity is essential for the development of a scientific environment that is conducive to intellectual honesty and transparency in scientific research. Furthermore, the culture of academic integrity encourages high standards of ethics and professional behavior among scientists. Consequently, the quality and credibility of research results are contingent upon the research process being conducted in an honest and ethical manner, free from practices that are deemed unacceptable within the scientific community and that compromise academic integrity. In this regard, all the efforts of the scientific community should be aimed at preventing academic dishonesty, hindering and stopping it by creating a responsible and honest scientific environment.

Comparative legal analysis of the legal regulation of overuse in Ukraine and the Republic of Italy

Iryna Machuska, Iryna Argatiuk, Svetlana Nedilchenko, Valentina Burliy — Mon, 15 Jul 2024 00:00:00 +0300

The article is devoted to the study of the legal regulation of subsoil use in Ukraine and the Republic of Italy. It has been studied that starting with Ukraine’s declaration of independence, a new stage of development of the subsoil use institute began, which was marked by the adoption of a wide range of laws in the specified area.

It has been established that in the context of adapting legislation in the field of subsoil use to the requirements of the European Union, it seems appropriate to improve the norms of national legislation to international norms of environmental legislation.

It is noted that the legal regulation of subsoil use in Ukraine is carried out in accordance with general normative acts that regulate the right of ownership, the right to use subsoil resources, the activities of mining enterprises, namely: the Code of Ukraine on Subsoil; The Mining Law of Ukraine, as well as special regulatory acts regulating the extraction of certain types of minerals – precious stones, precious metals, oil, gas.

It has been investigated that despite the existing legal framework in the field of subsoil use, there are problems of legal regulation of mining of precious stones, including amber, in Ukraine. It is noted that in order to improve the legislation in the field of mining of precious stones, it seems appropriate to adopt a legislative act that will contain provisions on the specifics of mining, sale of precious stones and responsibility for its illegal mining.

The article examines the historical and legal aspects of the formation of Italian legislation from the earliest times. The legislation of the Republic of Italy is analyzed. It has been established that legal regulation in the field of subsoil use is regulated by both general legislative acts and laws that carry out legal regulation of subsoil use in individual regions of Italy.

The article analyzes the legal regulation of the mining police (Polizia Mineraria), whose activities are aimed at preventing offenses in the field of subsoil use.

It was concluded that it is necessary to borrow the experience of the Republic of Italy in the field of subsoil use in the formation of a special unit of the mining police of Ukraine and the adoption of the Law of Ukraine “On the Mining Police of Ukraine”.

Gender stereotypes regarding women in the legal sphere: issues and ways to address them

Olena Nahorna — Mon, 15 Jul 2024 00:00:00 +0300

Equality is the foundation of a democratic society that strives for social justice and respect for human rights. Unfortunately, due to various circumstances, women are discriminated against in almost all spheres of life. The relevance of the scientific article is due to the fact that, despite Ukraine’s recognition of basic international documents in the field of ensuring gender equality, the establishment of the principle of non-discrimination on the basis of gender at the constitutional level, the adoption of a special law on ensuring equal rights and opportunities for women and men, the creation of appropriate institutional guarantees in this area, the problem of insufficiently effective protection of women and observance of gender equality in various spheres of public life remains open for our state. Gender stereotypes represent a significant issue in contemporary society, particularly within professional environments such as the legal sphere. Women working in this field often encounter certain stereotypes that may limit their opportunities for professional advancement and development. These stereotypes may include the perception that women are less competent in the legal domain or that they are better suited for other types of professional activities.

It is important to consider that gender stereotypes can affect women’s self-esteem in the legal sphere, as well as their ability to advocate for their rights and interests. This may lead to women feeling less confident in their abilities, which in turn can restrict their career trajectory.

To address this issue, it is necessary to pay attention to gender equality issues in the legal sphere. This may involve conducting campaigns to educate and raise awareness about gender stereotypes, as well as promoting the development and support of female leaders in this field. Additionally, it is important to create conditions for women to have equal opportunities for professional growth, including access to education and training in the field of law.

Control in the field of banking activity: problems, prospects of development and legal regulation

Alyona Nakonechna — Mon, 15 Jul 2024 00:00:00 +0300

The aim of the work is to study the problems of control in the field of banking. During the writing of the work, the concept, essence and content of the concept of control in the field of banking activity are studied. By working through a large number of works of scientists on this issue and using the method of comparison and analysis, ways to overcome more significant shortcomings have been identified. The most effective ways to solve the problem, which consist in the integration and differentiation of banking legislation, have been found. The process of integration of banking legislation, in our opinion, consists in carrying out high-quality work on the creation of the Banking Code of Ukraine. The mechanism for creating a banking code should include the process of systematization of banking legislation, which includes incorporation and codification. The legal regulation of banking activity in foreign countries, which is characterized by the diversity of the legal nature of the sources of banking law, a highly developed system of normative acts on banks and banking activities, the thoroughness of their legal regulation and the penetration of a foreign element into the national banking legislation, has been studied. Therefore, in connection with Ukraine’s aspiration to join the European Union, considerable attention should be paid to the legal regulation of the principles of control in the field of banking activities in the EU.

The administrative and legal status of military administrations in Ukraine depending on the order of their creation

Ihor Pavchuk — Mon, 15 Jul 2024 00:00:00 +0300

The article is dedicated to the study of the system of public administration under martial law and the administrative and legal nature of military administrations. The author notes that the military administrations are a new and less studied institution of public administration for the modern stage of state formation.

The author aims to research the priority directions for improving the public administration system under martial law, outline the strategic orientations of the state’s development and the optimal institutional model of public administration under martial law.

It has been found that, depending on territorial competence, subordination, grounds and order of formation and termination of activities, as well as the order of recruitment, military administrations are divided into: 1) regional military administrations; 2) district military administrations; 3) military administrations of settlements. At the same time, the powers of regional and district military administrations are completely identical, and therefore, the author believes that there is no reason to distinguish them into separate levels for the purposes of this study. Regional and district military administrations are one type of administration, as opposed to military administrations of settlements.

It has been proved that the Law of Ukraine “On the Legal Regime of Martial Law” does not contain an exhaustive list of grounds for terminating the powers of local self-government bodies of settlements and, accordingly, legal grounds for the formation of military administrations of settlements.

The author proves that the military administration in the city of Kyiv could be formed only as a military administration of the settlement, that is, in the event of failure by the Kyiv City Council and/or the executive body of the Kyiv City Council to exercise the powers assigned to them. Considering that the Kyiv City Council continues to exercise, and the executive body of the Kyiv City Council exercised its powers before receiving the status of the Kyiv City Military Administration, the formation of the Kyiv City Military Administration seems legally problematic.

It has been argued that the legislator has established different approaches to determining the fate of regional, district local state administrations and military-civilian administrations after the introduction of the legal regime of martial law and the formation of military administrations. This approach of the legislator seems unreasonable and gives rise to a number of problems.

Navigating change: the evolution of Ukrainian Private Law from historical roots to contemporary challenges

Iryna Tsvigun — Mon, 15 Jul 2024 00:00:00 +0300

The article examined the evolution of Ukrainian private law, which reflects the development of the country’s statehood and its historical heritage, deeply rooted in European traditions. In the context of recent geopolitical events, such as the invasion of Russia and Ukraine’s acquisition of the status of a candidate for membership in the European Union, the article emphasized the urgent need to overcome the post-Soviet legacy and the need for qualitative adaptation to European Union standards.

The legal trajectory of Ukraine is considered, taking into account internal reforms, external influences and the role of private law in harmonization with democratic principles. The importance of a comprehensive approach to the development of private law in accordance with modern challenges is emphasized.

Bodies of Internal Affairs: separate issues of functional appointment

Volodimyr Ulynets — Mon, 15 Jul 2024 00:00:00 +0300

The author points out that among the main priorities of Ukraine’s domestic policy since independence has been the creation of reliable mechanisms for security, political stability, and democracy that would correspond to the relevant mechanisms employed in the European Union. The prospect of EU membership is defined at the constitutional level and is a strategic guideline for Ukrainian aspirations for transformation and a key goal for which reforms are being carried out within the Ukrainian state. The creation and implementation of such mechanisms is the standard that will allow Ukraine to join the EU’s common security system, increase the effectiveness of control over the movement and non-proliferation of weapons of mass destruction, and bring international cooperation in the fight against organized crime, illegal migration, smuggling, terrorism, and drug trafficking to a new level.

It is noted that Ukraine’s intentions to integrate into the European space have necessitated significant changes in national legislation aimed at adapting to a wide range of norms and standards generally accepted in international and European practice. The sphere of public security protection deserves special attention from lawmakers, as human rights protection is an invariable “gold standard” that distinguishes a democratic state. Given the state-forming importance of the national police, its improvement is in the zone of increased attention from both the government and society. It is extremely important today to create an effective organizational model of police bodies capable of reliably protecting the interests of the economy and citizens, implementing such principles of reforming the Ukrainian police that would result not only in excellent work in detecting and stopping offenses but also in creating significant resources for preventing offenses.

The author demonstrates the dependence of the functional orientation of police structures on the functional orientation of the state, in particular on the form of state-legal regime it implements, which directly lays the basic principles of the activities of law enforcement structures in the country and the principles of their reform. Therefore, the logical idea arises that the functional orientation of police structures may depend on the functional orientation of the state, in particular on the form of state-legal regime it implements, which directly lays the basic principles of the activities of law enforcement structures in the country and the principles of their reform.

Invocation of the educational ombudsman as a legal instrument for the protection of non-proprietary personal rights

Halyna Voloshyn — Mon, 15 Jul 2024 00:00:00 +0300

This scholarly paper investigates the application of self-defense as a legal mechanism designed specifically to safeguard the civil rights of participants within educational settings, with a special focus on minors. The study meticulously outlines the operationalization of self-defense, delving into its procedural subtleties and the varied contexts in which it can be applied within educational environments. This exploration helps elucidate the nuanced ways through which individuals can assert their rights in educational contexts, highlighting both the potential and the limitations of self-defense as a protective legal measure.

Expanding the scope of the analysis, the paper also examines the role of educational ombudsmen in navigating judicial disputes. It offers a comprehensive review of the functional impacts and procedural roles these ombudsmen play within the legal frameworks governing educational institutions. This segment of the study assesses how educational ombudsmen contribute to the resolution of conflicts and the enforcement of legal standards, thereby enhancing the protection of students’ rights.

Incorporating a robust comparative analysis, the research extends into the international arena, exploring the praxis of educational ombudsmen across different jurisdictions.

It assesses the legislative outcomes of their involvement in judicial proceedings and scrutinizes how these vary across diverse legal systems. This comparative approach not only underscores effective strategies but also identifies best practices that could be emulated to bolster the legal protection of educational rights through judicial processes.

By synthesizing theoretical frameworks with empirical research, this paper contributes significantly to the scholarly discourse on educational law and civil rights protection. It critically examines the intersection of education, law, and civil rights, proposing necessary refinements to existing legal mechanisms and suggesting new areas for in-depth research. These recommendations aim to enhance the effectiveness of educational ombudsmen and to ensure more robust legal protections for all participants within the educational sector.

Functional purpose of local self-government bodies as a subject of ensuring the law enforcement function of the state

Arsen Vorobets — Mon, 15 Jul 2024 00:00:00 +0300

The article is dedicated to the scientific substantiation of the need for the participation of local self-government bodies in the implementation of law enforcement function, the study of legal forms of implementation of law enforcement function by local self-government bodies in Ukraine, and the development of proposals for their improvement.

It has been established that the law enforcement function of local self-government is mostly forgotten in the legal literature, following the Soviet habit of attributing this function to the prerogatives of the state. In this regard, the study of the law enforcement function of local self- government is an important theoretical and practical task of modern administrative and legal science.

It has been argued that in administrative and legal science, insufficient attention has been paid to the problems of: administrative and legal mechanism of activity to ensure public order and public safety; participation of local self-government bodies in the implementation of the law enforcement function; legal forms of implementation of the law enforcement function by local self-government bodies; interaction of local self-government institutions with law enforcement bodies regarding the implementation of the law enforcement function.

It has been established that the modern system of public administration does not fully use the capabilities of local self-governments in the field of protecting public law and order and ensuring public safety. This is due to the fact that the process of establishing their legal status at the current stage of development of Ukraine remains incomplete, and the constitutional and legislative norms establishing their competence are not mutually coherent, clear and certain. As a result, the implementation of the powers of local self-government bodies enshrined in the Constitution of Ukraine in the field of law and order and ensuring public safety is quite limited.

It has been proven that at this stage of municipal development, the implementation of law enforcement function by local self-government bodies in Ukraine is carried out in four legal forms of activity: establishing, rule-making, law enforcement and control. In turn, the relevant local self-government bodies with law enforcement powers can be considered as institutional forms of implementing the law enforcement function of local self-government.