Visegrad Journal on Human Rights

Effectiveness of administrative and legal support for the provision of electronic trust services in Ukraine as an administrative law category: concept and content

Sergiy Barbashyn — Tue, 28 Apr 2026 00:00:00 +0300

The author emphasizes that the understanding of the effectiveness of administrative and legal support for the provision of electronic trust services in Ukraine formulated within this study does not claim a complete break with the existing doctrinal approaches developed in contemporary administrative law scholarship. On the contrary, it is based on the scientific contributions of administrative law scholars who consistently substantiate the need to assess the effectiveness of administrative and legal phenomena through the prism of their legal validity, goal orientation, and the results of legal influence. At the same time, the criteria of effectiveness proposed below do not constituteе a mechanical transfer of previously developed models, but rather represent the result of a synthesis of scholarly approaches of individual legal researchers, adjusted with due regard to the specific nature of electronic trust services and their role within the mechanism for ensuring the legal significance of electronic interaction.

The effectiveness of administrative and legal support for the provision of electronic trust services is defined as an integrative property of the system of normative, institutional, and procedural mechanisms of public administration, determined by the norms of administrative law, which manifests itself in their ability to ensure the stable, predictable, and lawful functioning of electronic trust services, aimed at the realization and proper protection of the rights and legitimate interests of private individuals in the digital public environment.

The criteria for assessing the effectiveness of administrative and legal support for the provision of electronic trust services are defined as follows: normative and legal certainty and the quality of administrative and legal regulation in the field of electronic trust services; institutional capacity of the system of public administration bodies to exercise the relevant powers; goal-oriented conformity of administrative and legal support with public tasks and the functional purpose of electronic trust services; legal effectiveness of administrative and legal mechanisms, manifested in the stability and predictability of the legal consequences of their application; and the social and legal dimension of legitimacy as a generalized indicator of the quality of administrative and legal influence.

Institute of financial intermediaries’ responsibility for non-compliance with regulatory standards: comparative legal analysis of legislation and law enforcement practices in the EU and Ukraine

Roman Bereza — Tue, 28 Apr 2026 00:00:00 +0300

This study analyzes the institutional structure of financial intermediaries’ liability for regulatory violations in a comparative context between the EU and Ukrainian legal systems. Therefore, it shall determine and analyze the mechanisms, forms (types), and practices of enforcement of regulatory responsibility applied to financial service providers.

The research addresses the conceptual foundations of regulatory liability, analyzing both administrative and civil sanctions applied to financial intermediaries for breaches of supervisory requirements. Particular attention is given to the evolution of enforcement mechanisms within the EU regulatory architecture, including the role of European Supervisory Authorities and national competent authorities in sanctioning non-compliant entities.

A comparative legal analysis highlighted differences in the approaches to regulatory enforcement between the EU and its Member States, on one side, and Ukraine, on the other. While a harmonized framework of enforcement has been broadly set out within the provisions relating to administrative sanctions in MiFID II and several other sectoral financial services regulations, an interim model reflecting adaptations of European standard practices to domestic traditions at law exists in Ukraine. The paper focuses mainly on actual practical implementation—including administrative pecuniary penalties (fines), suspension or restriction of activity licenses.

Key findings demonstrate that the EU system emphasizes preventive supervision and proportionate sanctioning, supported by advanced risk-based monitoring and cross-border cooperation mechanisms. Ukrainian practice, in spite of incorporating European principles and elements, is still facing challenges with consistency in enforcement, adequacy of sanctions to support deterrence with violations against regulations.

The study considers particular cases of enforcement action taken against banks, insurance companies, investment firms and payment service providers in both jurisdictions. This empirical study brings out differences in the severity of sanctions, due process safeguards and effectiveness of remedial measures.

The recommendations proposed in this study for aligning Ukrainian regulatory enforcement with the best practices of the EU include building institutional capacity within supervisory authorities, increasing transparency related to sanctions imposed, developing an efficient appeals mechanism and adopting a risk-based approach towards enforcement. This paper adds to existing literature on topics discussed therein by exploring them from a perspective of ongoing debate about regulatory convergence and approximation of financial law in Ukraine towards that of Europe.

The principle of humanism in the legal system: general theoretical aspects and criminal-legal implementation

Yosyp Horinetskyi, Myroslava Bielova — Tue, 28 Apr 2026 00:00:00 +0300

The article examines the principle of humanism as a fundamental element of the modern legal system, analyzing both its general theoretical foundations and its practical implementation in the field of criminal law. The study traces the philosophical and historical origins of humanism — from ancient thought to contemporary human rights concepts — and establishes its normative significance as a cross-cutting principle that permeates the entire legal system. The authors demonstrate that humanism functions not merely as an abstract philosophical ideal but as a concrete legal mechanism that guides lawmaking, judicial practice, and law enforcement activity. Particular attention is paid to the systemic nature of legal principles, the classification of which reveals the hierarchical structure of the legal system and the central place of humanism within it. The article analyzes the dialectical opposition between humanism and anti-humanism as a methodological tool for understanding the dynamic development of humanistic principles in law. The study also critically examines the historical experience of declarative consolidation of humanistic principles in Soviet-era legislation, emphasizing the gap between formal proclamation and practical implementation. In the criminal law dimension, the authors explore the concept of humanization of criminal legislation, the development of alternative sanctions, and restorative justice mechanisms in light of international standards. The article concludes that the level of implementation of the principle of humanism in the legal system serves as an indicator of societal maturity, and that genuine humanistic progress requires not only legislative reform but also the moral development of society as a whole.

Cross-border cooperation as a legal institution: conceptual apparatus and regulation

Andryy Oleskiv, Oleksandr Bilak — Tue, 28 Apr 2026 00:00:00 +0300

The article examines the conceptual and categorical apparatus of cross-border cooperation as a constitutional and legal institution in Ukraine. The study analyzes the evolution of its legal regulation, with particular emphasis on the constitutional amendments of February 7, 2019, which enshrined Ukraine’s European integration course at the fundamental law level and elevated cross-border cooperation to the status of a basic constitutional category. Drawing on the works of leading domestic scholars - S.I. Ustych, A.Yu. Stryzhakova, M.I. Dolishnyi, I.O. Prus, M.D. Lesechko, P.V. Lutsyshyn, N.A. Mikula, I.V. Artyomov, Z.S. Varnalii, and others - the article critically examines existing definitions and approaches to understanding cross-border cooperation in Ukrainian legal science. The article clarifies the content of the key terms «cross-border» and «cooperation», identifies the essential features of cross-border cooperation, and proposes an original definition of this legal category. Cross-border cooperation is defined as a special form of international interaction of individuals and/or legal entities of different nationalities operating in territories bordering the state boundary, carried out on a contractual basis with the aim of solving common problems of border regions and improving the living standards of their population. The article further outlines the principal features distinguishing cross-border cooperation from other forms of international activity, including the contractual nature of relations, special subject composition, focus on the cross-border movement of people, goods, services and capital, the medium- and long-term character of established ties, and orientation toward achieving a socially beneficial effect. Proposals are formulated for improving the regulatory framework in the field of cross-border cooperation in line with European standards and Ukrainian realities.

Application of procedural interview during pre-trial investigation of corruption criminal offenses committed in the financial sector

Denys Motornyi — Tue, 28 Apr 2026 00:00:00 +0300

One of the conditions for the survival of human society is the consistency of actions between its representatives, which is achieved through the exchange of information. Communication is the basis of any collective process, and pre-trial investigation from a certain point of view is a legally regulated process of communication between participants in criminal proceedings, with a specific goal, outlined rights and obligations of participants.

At the current stage of development of society, financial services are an indispensable element of life. Financial institutions that provide these services, and the National Regulator, which supervises their quality, are present every day in the life of every citizen. Corruption criminal offenses committed in the financial sphere with the participation of officials of financial institutions and the National Regulator, instantly affect the broad masses of citizens, undermine trust in the financial system, government, and impede the development and existence of society as a whole.

The success of a pre-trial investigation of a corruption criminal offense committed in the financial sector directly depends on the possibility of obtaining significant information from the participants in the criminal process regarding the nature and form of the financial transactions carried out, which provides an understanding of the time, place, and circumstances of the loss of control over funds.

Research into the use of procedural interviews as an effective means of procedural communication during a pre-trial investigation is relevant and necessary. Effective research will provide an opportunity to improve the results of pre-trial investigations of corruption criminal offenses committed in the financial sector with the participation of officials of financial institutions and the National Regulator.

Psychological rehabilitation of veterans involving weapons training

Volodymyr Tymofieiev, Anatolii Natochii — Tue, 28 Apr 2026 00:00:00 +0300

The article addresses the issue of psychological rehabilitation of combat veterans in the context of prolonged armed conflict and the growing number of individuals who have experienced war-related psychological trauma. Special attention is given to the use of weapon-based training as a supportive rehabilitative tool within a comprehensive system of psychological assistance. The main psychological consequences of combat experience are analyzed, including post-traumatic stress disorder, chronic anxiety, emotional instability, aggression, impaired self-regulation, and difficulties in veterans’ social adaptation to civilian life. The relevance of implementing controlled weapon-based training in the rehabilitation process is substantiated as a means of restoring a sense of personal control, inner balance, and confidence in one’s actions. The psychological mechanisms underlying the positive impact of such training are identified, including somatic regulation, reduction of psycho-emotional tension, transformation of destructive aggression into socially acceptable forms, and restoration of professional and personal identity of veterans. Emphasis is placed on the importance of adhering to safety principles, voluntary participation, an individual approach, and mandatory professional supervision by psychologists and certified instructors. It is concluded that weapon-based training can serve as an effective supplementary component of psychological rehabilitation for veterans when integrated with traditional psychotherapeutic methods.

On the understanding of the right to court protection in administrative proceedings

Anton Ostashchenko — Tue, 28 Apr 2026 00:00:00 +0300

Judicial protection of human rights and freedoms is one of the types of state protection of human rights and freedoms, of a citizen. And it is the state that assumes responsibility and duty. The right to judicial protection is the constitutional right of every person to apply to court for protection of their violated, unrecognized or disputed rights, freedoms and interests, implemented through the relevant procedural codes (CPC, CAS, CPC) and which guarantees the possibility of a fair consideration of the case without obstacles, including access to professional legal assistance, which is the cornerstone of a legal state. This is a comprehensive institution that ensures the implementation of human and citizen rights and freedoms through the judicial system.

The right to a fair trial is one of the fundamental human rights and deserves special attention from scholars and practitioners, since it is through the right to a fair trial that it is possible to ensure, implement and restore all other rights and freedoms.

The article examines the right to judicial protection as a complex legal institution of a substantive and procedural nature, which consists in defining the right to judicial protection as the unity of its substantive content and procedural form, since the right to judicial protection can be realized only in court proceedings.

The presence of different approaches to defining the right to judicial protection poses a large number of problems not only in the scientific community, but also in law enforcement activities. It is obvious that at the current stage of development of Ukrainian society it is necessary to work on developing unified theoretical approaches to defining and characterizing the most important theoretical categories. This situation has a general negative impact on the entire Ukrainian society, but at the same time, identifying and eliminating all the reasons that prevent the achievement of this goal is a complex not only practical, but also theoretical problem.

Analysis of judicial practice makes it possible to say that the right to judicial protection is perceived and applied rather ambiguously, and therefore, the right to judicial protection, proclaimed by Article 55 of the Constitution of Ukraine, requires separate scientific research to clarify its concept and content.

Implementation of the Constitution of Ukraine as an act of direct action through the prism of law enforcement practice

Tetyana Podorozhna — Tue, 28 Apr 2026 00:00:00 +0300

The article examines the property of the Constitution of Ukraine as an act of direct action through the prism of law enforcement practice. It is emphasized that the issues of interaction between the courts of Ukraine and the Constitutional Court of Ukraine regarding the application of the provisions of the Constitution of Ukraine of June 28, 1996, in particular regarding the consequences of decisions, are of great importance for ensuring legal certainty, predictability of law enforcement practice within the entire legal system, and effective protection of human and citizen rights and freedoms. The direct application of the Constitution of Ukraine by courts is not only a theoretical construct, but also a necessary element of the functioning of a fair and effective judicial system that ensures the protection of human and citizen rights and freedoms. The application of the provisions of the Constitution of Ukraine without indirect regulatory legal acts is one of the forms of direct implementation of the Constitution. This is necessary to ensure the supremacy of the Constitution as the Fundamental Law of the State, as well as effective protection of human rights, effective and fair justice. It is noted that the direct effect of the norms of the Constitution is a legal property of the norms of the Fundamental Law, which has a legal character, expresses the rule of action and implementation of the norms of the Constitution regardless of the presence of regulatory legal acts that specify them. This property is not limited by anything, that is, even in the case of the need to detail constitutional norms, such specification is carried out on the basis of constitutional legal provisions and is aimed only at their development for the purpose of practical implementation. And the application of the Constitution of Ukraine, especially in the activities of the courts, is a process by which this property is ensured. It is emphasized that direct effect is a property and principle of the Constitution as an act of higher power, which does not provide for a dynamic characteristic of the process of applying constitutional norms. And it is precisely in the possibility of their direct application in ensuring the implementation of the rights and legitimate interests of citizens of Ukraine, in particular in the implementation of their judicial protection, that the value of constitutional norms lies. It is concluded that the principle of direct action of the Constitution of Ukraine transforms it from a political document that establishes statehood into a political and legal legal document. The direct action of the Constitution is the basis of the legal system, the system of law enforcement, and constitutional norms are the foundation for the system of law and all branches of legislation, which, given the higher legal force of the Constitution, should not contradict them. It is emphasized that the direct action of the Constitution is perceived as the possibility of direct implementation of its legal norms. At the same time, constitutional norms are capable of application regardless of their specification in sectoral legislation.

Application of Article 2 of the European Convention on Human Rights in conditions of armed conflict: the practice of the ECtHR

Terezia Popovich — Tue, 28 Apr 2026 00:00:00 +0300

The article provides a comprehensive analysis of the application of Article 2 of the European Convention on Human Rights in armed conflict based on the practice of the European Court of Human Rights. The content of the substantive and procedural obligations of the state to protect the right to life is examined, the criteria of “absolute necessity” and proportionality are determined as key standards for the lawful use of lethal force. The correlation of the norms of international humanitarian law and international human rights law in the context of regulating the right to life during armed conflicts is analyzed, in particular the principle of lex specialis and the concept of “military necessity”. Special attention is paid to the procedural aspect of Article 2 of the ECHR - the obligation of the state to conduct an effective official investigation into each case of deprivation of life, including in extraterritorial conditions and in situations of enforced disappearance. Based on the analysis of key decisions of the ECHR - in the cases of McCann and Others v. the United Kingdom, Ergi v. Turkey, Isaeva v. Russia, Georgia v. Russia, Hanan v. Germany, Cyprus v. Turkey, Varnava and Others v. Turkey, “Ukraine and the Netherlands v. Russia” — formulated conclusions regarding the obligations of the state in the field of protecting the right to life of the civilian population in conditions of armed conflict.

Diversion as a criminal offense against the foundations of national security of Ukraine: discussion questions regarding victims and the subject of the crime

Viktoriia Shpiliarevych — Tue, 28 Apr 2026 00:00:00 +0300

The article is devoted to the study of certain aspects of the criminal-legal characteristics of the objective signs of diversion (Article 113 of the Criminal Code of Ukraine), which encroaches on public relations that arise in connection with ensuring the national security of Ukraine. In particular, the focus is on debatable issues related to the victims and the subject of this crime.

Based on the results of the conducted scientific research, the author concluded that when criminally characterizing the composition of diversion, depending on the type of socially dangerous act committed, it is necessary to speak about the presence of victims and/or the subject as two independent objective signs of the composition of this crime. This is explained by the fact that, unlike a material object, a person is a bearer of rights and is endowed with consciousness, which determines his ability to social interaction and defines him as an active subject of social relations.

The article proves that the concept of «national economy» is not used in modern valid regulatory documents of Ukraine, since this term is characteristic of the Soviet era, and in the modern period it has been replaced by more relevant terms, such as «economic activity» or «branch of the economy». Therefore, it is not entirely rational to use the wording «objects that have important national economic or defense significance» in the current criminal law of Ukraine. As a result, the author justifies the need to bring the criminal law norm set out in Article 113 of the Criminal Code of Ukraine into line with the modern legislative field of Ukraine by replacing the terminological phrase «objects that have important national economic or defense significance» with «critical infrastructure facilities or other state-owned facilities that are of strategic importance for the economy and security of the state». This will contribute to the unification of legal norms and increase the effectiveness of law enforcement activities when qualifying diversion.

International legal means of protecting women’s economic rights: current status and prospects for development

Alina Zamula — Tue, 28 Apr 2026 00:00:00 +0300

The article provides a comprehensive analysis of international legal means of protecting women’s economic rights, taking into account current challenges and prospects for overcoming them. It examines leading international documents – the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the conventions of the International Labour Organization (Equal Remuneration Convention, 1951 (No. 100), Discrimination (Employment and Occupation) Convention, 1958 (No. 111)) – which define standards of equality in the field of labor, fair remuneration for equal work, protection against discrimination, and promotion of women’s economic activity. The role of monitoring and control mechanisms – in particular, the UN Committee on the Elimination of Discrimination against Women and ILO bodies – in shaping legal policy and its adaptation in national legal systems is revealed; the practices of states that have successfully implemented international standards through gender-sensitive legislation and organizational instruments for reform implementation are examined.

Key obstacles to the effective implementation of women’s economic rights have been identified: sociocultural stereotypes, unequal access to financial and productive resources, insufficient institutional capacity, as well as risks arising from digital transformation, the spread of non-standard forms of employment, the COVID-19 pandemic, and armed conflicts. The specifics of the gender digital divide as a new structural factor that exacerbates inequality in access to labor markets and entrepreneurial opportunities have been characterized.

Proposals were made for improving international legal mechanisms: updating standards to take into account new forms of employment and remote work, integrating a gender perspective into sustainable development strategies, strengthening intergovernmental cooperation, activating the role of international financial institutions, and expanding civil society participation in monitoring state obligations. It is concluded that ensuring women’s economic rights is not only a human rights imperative, but also a key condition for economic growth, poverty eradication, and the building of a just and inclusive society.