Visegrad Journal on Human Rights

Digital human rights: separate doctrinal basis

D. M. Byelov, M. V. Bielova — Mon, 06 May 2024 00:00:00 +0300

The authors note that the digitization of public services has taken place, which has led to the transition of most or at least a significant number of public services to an electronic format and allowed us to talk about the emergence of concepts of electronic state (government) (e-government). The step-by-step transformation of state data management based on digital technologies, the development of complex super-services for citizens and businesses to receive public services in one click (DIY) was called “digital public administration”. However, a clear definition and framework of the concept of “digital human rights” has yet to be developed. They seem to cover all human rights in the context of digitization and the development of modern information and communication technologies. It can be considered that this is the field of information law, which regulates human rights related to the use of information technologies. This includes the regulation of relations in the field of personal data processing, publication of information on the network, processing of big data, application of artificial intelligence, etc.

The purpose of the scientific article is to consider the concept of digital rights and their implementation in the Ukrainian and European legal space, taking into account the contribution of Ukrainian scientists. The digital revolution that has swept the world has significantly changed the way people communicate, work and live. However, this rapid technological development brings with it new challenges for the protection of human rights. This article examines the concept of digital human rights and their dimensions in the Ukrainian and European context.

It is indicated that the study and protection of digital human rights in the modern world requires a comprehensive approach, taking into account both Ukrainian and European experience. The works of domestic scientists testify to the urgency of the problem and indicate the need for further research in this area. Digital human rights are becoming an integral part of modern society, where technology is rapidly changing the way we live and interact. Ukraine, like other countries, faces many challenges in the field of digital rights, which are caused by the rapid development of information and communication technologies. From this context: first, understanding digital rights and their importance becomes a necessity for every member of society. People should be aware of their rights and responsibilities in the digital space, especially regarding the protection of privacy and personal data; secondly, the development of digital rights in Ukraine should take into account the best practices of European countries and global standards. Improving legislation, increasing public awareness and developing cyber defense are aspects that require immediate attention; thirdly, the importance of cooperation between the state, citizens, business and the scientific community. Effective and sustainable solutions to ensure the digital rights of Ukrainians can only be created through joint efforts.

The current state of bilateral relations between Ukraine and the European Union

Ihor Dir — Mon, 06 May 2024 00:00:00 +0300

The aim of the work is a comprehensive analysis of bilateral relations between Ukraine and the European Union at the current stage.

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

Results. According to the results of the conducted research, it was found that Ukraine continues to actively work towards European integration. It’s confirmed by a number of normative and legislative acts that have already been adopted or are planned to be adopted in the nearest future. In February 2024, the Cabinet of Ministers of Ukraine approved the Order “On approval of the Action Plan for the implementation of the recommendations of the European Commission, presented in the Report on the progress of Ukraine within the framework of the 2023 European Union Enlargement Package.”

The plan of events is calculated in accordance with the Recommendations of the European Commission, includes the name of the event, the deadline, as well as responsible bodies for its implementation. In total, the Plan contains 142 recommendations. Their implementation requires the realization of more than 350 measures. It was also revealed that the first explanatory session on the negotiating chapters of the EU acquis already took place as part of the official screening and concerned Chapter 23 “Judiciary and fundamental rights”. After the EU revised the enlargement methodology, chapters 23 and 24 have become some of the most important chapters during the negotiation process. It happened in 2020.

Conclusions. Thus, Ukraine actively continues to work in the direction of European integration. The Cabinet of Ministers of Ukraine approved the Action Plan for implementing the recommendations of the European Commission presented in the Report on the Progress of Ukraine. In total, this Plan contains 142 recommendations, the implementation of which requires the realization of more than 350 measures. The largest number of recommendations of the European Commission is contained in Chapter 23 “Judiciary and fundamental rights”. It is also worth noting that all recommendations are developed in accordance with the updated methodology for the enlargement of the European Union.

Genocide in Ukraine: problems of proof

Olena Garsymiv, Serhiy Marko, Olena Ryashko — Mon, 06 May 2024 00:00:00 +0300

The article emphasizes that genocide was first criminalized immediately after the Second World War, precisely in 1948 when the UN General Assembly unanimously adopted the Convention on the Prevention of Genocide. In terms of severity, it is undoubtedly the most serious crime for both peacetime and wartime, and it is also the most difficult to prove. First of all, it is argued that in order to establish the very fact of genocide, it is necessary to have the intention to destroy, in whole or in part, any national, ethnic, racial or religious group, as well as for this destruction to be carried out by killing, inflicting grievous injuries, creating intolerable conditions life, prevention of childbirth or forced transfer of children to another group.

The main focus of the article is on the fact that crimes against humanity most often occur during war. In order for the underlying crimes—such as murder, torture, extermination, sexual violence, and other acts—to qualify as crimes against humanity, they must be part of a widespread or systematic attack on civilians. Unfortunately, trials for genocide and crimes against humanity take forever. An example is the events in Srebrenica, proceedings in several genocide cases are still ongoing. Genocide, as well as crimes against humanity, are most clearly defined in legal terms in the Rome Statute of 1998, which became the foundational document of the International Criminal Court.

Both crimes were also included in the criminal codes of many countries, the Criminal Code of Ukraine (Articles 442, 437) was not an exception. However, until now, there is no responsibility for crimes against humanity in national legislation. Therefore, currently the criminal actions of the combatants can only be qualified as war crimes. Many states have integrated the crime of genocide into national legislation, but not all have used the UN definition. Many states have also included crimes against humanity in their criminal codes. It is quite clear that both genocide and crimes against humanity are systematic crimes, to prove which it is not enough to confirm with evidence the commission of individual acts.

Both crimes are committed within a system, often wide-ranging, and both contain elements that require proof of relevant intent or awareness on the part of the perpetrators, for example, in the case of genocide, by proving that the perpetrators knew of an express or implied plan.

On the implementation and functioning of the «Barnahus»

Natalia Kalyniuk, Nadiia Humenna — Mon, 06 May 2024 00:00:00 +0300

The aim of the work is to study and analyze the Barnahus model through the prism of European experience and the legal system of Ukraine.

The methodological basis of the study is the dialectical method of scientific knowledge, since the genesis of the «Barnachus» model was revealed with its help. From the standpoint of the value approach, legal ideas, the normative legal framework and law enforcement practice were investigated. The work uses such general scientific methods as: system analysis, ascent from the general to the specific, analogy, generalization, comparison, as well as the principle of historicism, social and objective approach, which contributed to the disclosure of the features of the «Barnachus» model as a whole and its components, in particular. Special-legal methods, such as comparative- legal, formal-dogmatic, sociological-legal, cultural-legal.

Results. The article is devoted to the Barnahus model, which is currently an innovative model at the European level in the field of combating violence against children and child-friendly justice. Ukraine, striving to become a full-fledged member of the European Union, has undertaken a number of obligations, including to provide children with additional procedural guarantees during their interrogation (questioning) in criminal proceedings. The article examines and analyzes the Barnahus model through the prism of European experience and the legal system of Ukraine. The author analyzes the basic ideas of the Barnahus model; examines the peculiarities of the formation and development of the Barnahus model in the legal systems of Scandinavian countries; clarifies the European quality standards of the Barnahus model as a result of the PROMISE network; examines the organizational and legal framework for the implementation and functioning of the Barnahus model in Ukraine; analyzes the impact of national legislation on the functioning of the Barnahus model in Ukraine, revealing certain problematic aspects.

Conclusion. It is established that the Barnahus model is a multidisciplinary program for child victims and child witnesses of violence or cruelty, organized in a child-friendly environment and under one roof to ensure effective protection, quick access to justice, and the provision of necessary services. It is proved that its main task is to cooperate «under one roof» of an interagency and interdisciplinary team involved in juvenile criminal justice for effective coordinated work (collecting evidence, providing services, creating a child-friendly environment, helping to return to their usual life, etc.) and achieving maximum interaction with child witnesses or child victims of violence or cruelty.

The role of the EU in supporting Ukraine’s economy during the war: prospects for relationship development

Yaroslav Kostiuchenko — Mon, 06 May 2024 00:00:00 +0300

The article focuses on the issues of the russian war against Ukraine, which has caused significant damage to the Ukrainian economy. In this difficult situation, the EU plays a key role in supporting Ukraine by providing financial, economic, and humanitarian assistance. The study of the EU’s role in this area and the determination of prospects for the development of relations between Ukraine and the EU in the context of post-war reconstruction are extremely important.

The article explores and analyzes the role of the EU in supporting the Ukrainian economy during the war, as well as identifies the prospects for the development of relations between Ukraine and the EU in the context of post-war reconstruction.

The paper argues for a comprehensive analysis of the EU’s role in supporting the Ukrainian economy during the war, identifying promising areas for the development of relations between Ukraine and the EU in the context of post-war reconstruction, and developing practical recommendations for strengthening cooperation between Ukraine and the EU.

The article substantiates and evaluates the role of the EU in supporting the Ukrainian economy during the war. It identifies promising areas for the development of relations between Ukraine and the EU. It develops practical recommendations for strengthening cooperation between Ukraine and the EU in the context of post-war reconstruction.

The article argues that Ukraine’s imports from the EU may increase after joining the EU, as Ukrainian consumers will gain access to a wider range of goods at competitive prices. Accordingly, there will be changes in the structure of trade. Exports of agricultural products from Ukraine may decrease, while exports of industrial goods may increase.

The article emphasizes that Ukraine needs to make a lot of efforts to prepare for EU membership. However, EU membership can bring Ukraine many benefits, including: economic growth; improving the standard of living; strengthening democracy.

Some historical and legal aspects of bringing to legal responsibility for issuing and executing criminal orders and orders

Andriy Lankevich — Mon, 06 May 2024 00:00:00 +0300

From the analysis of historical and legal sources, it can be seen that the legal responsibility for issuing and executing criminal orders and orders went through certain stages of formation, which are directly related to the processes of emergence and development depending on the historical type of the state and its legal instruments.

It is noted that the first states that at the legislative level established legal responsibility, that is, punishment, including for giving and executing criminal orders and orders, were the states of the Ancient East, in particular, Ancient Egypt, Ancient Babylon and Ancient India, where at the legislative level legal responsibility was introduced not only for ordinary people, but also for representatives of the authorities for criminal actions against the state that encroached on the established state order. In most cases, the punishment for such acts was the death penalty.

It is argued that the idea of legal responsibility for issuing and executing criminal orders and orders dates back to biblical times, where it is inextricably linked to the doctrine of the origin and separation of powers. Therefore, in view of the significant influence of Christianity on the formation of the Western legal tradition, in particular the texts of the Bible, which in fact became the civilization foundation on which the legal norms designed to regulate social relations between people and government institutions were based and will continue to be based, including the scope revealed which is assigned to man for his dominion and the limits where such dominion ends. And in the event that not only representatives of the authorities, but also anyone violates the commandments established by the Creator, including not only by issuing, but also by executing orders or orders, then such actions are subject to condemnation, and the person himself is subject to punishment.

Legal terminology in environmental and land law: theoretical-legal analysis

I. B. Machuska, V. V. Machusky, T. B. Gulyar, I. P. Leshchenko — Mon, 06 May 2024 00:00:00 +0300

The article examines the peculiarities of the formation of legal terminology in the field of environmental and land law and proves the feasibility of its improvement in connection with the adaptation of the norms of national law to the law of the European Union.

The article states that today in Ukraine there is significant environmental pollution, climate change, land deterioration, which significantly worsened in connection with the military aggression of the Russian Federation and caused a particularly dangerous ecological situation in the country.

The article proves that the implementation of the principles of the right of citizens to a safe environment, ensuring human safety, protection and rational use of land, forest, water and subsoil resources is not possible without a clear definition of legal prescriptions enshrined in the law.

The article states that one of the important aspects of the language of law is legal terminology, which makes it possible to formulate the content of a legal document. The article defines the concepts of “terminology”, “terminology”, “legal terminology”. It is noted that it is not appropriate to equate the concepts of “terminology” and “terminological system”.

It has been investigated that despite the presence of established terminology in environmental law, the presence of terms in need of improvement is observed in this field, namely: “ecological law” and “environmental law”. It has been proved that for the purpose of further codification of environmental law, it seems appropriate to use the term “environmental law” as an established term of EU legislation.

It has been analyzed that today the language of the law in the field of land relations is gaining importance, which is due to the formation of the land market in Ukraine and the need to adapt the norms of land law to EU law. It is noted that in land law there is a problem of identifying the terms: “land”, “land plot”. It was noted that the legal terms related to the formation of the land market in Ukraine need improvement and detailing.

It was concluded that legal terminology in the field of environmental and land law is one of the important aspects of the development of the language of law. The issue of improving legal terminology in the field of environmental and land law is one of the necessary steps that will contribute to the unification and harmonization of the legal norms of the specified fields in the context of adapting the norms of national law to EU law.

Theoretical and legislative approaches to the use of certain terms and concepts in the field of environmental safety

Sergii Marko — Mon, 06 May 2024 00:00:00 +0300

The scientific article highlights the legislative and theoretical approaches to the use of certain terms and concepts in the field of environmental safety, on the basis of which proposals are made for their optimal use in the relevant normative legal acts and in scientific circulation. It is noted that the stability of information and legal support, including in the environmental sphere, is possible subject to the unification of legislative terms, a clear normative consolidation of their content in order to have the same understanding and application in practice. It is concluded that the identification of the concepts of “ecology” and “environment” is erroneous, because “ecology” is that part of it that concerns the natural component of the environment. In this regard, as well as in view of the need to bring national legislation to international standards in the sphere under study, it is more appropriate to use the synonymous term “environment” for the concept of “environment,” which would cover not only the natural component, but also the habitat of mankind as a whole. Arguments are given that the most acceptable title of the relevant section (Book) of the future criminal law, which would take into account the content and meaning of the terms used in it, characterizing first of all the generic object of criminal offenses in the studied sphere, is the title “Criminal offenses against nature and environmental safety.” Such a structural unit of the Special Part of the Criminal Code of Ukraine should contain both criminal offenses against environmental safety and torts against the environment, which are actually identified with criminal violations against the use of natural resources. After all, individual acts in this area can encroach both on relations against environmental safety and on the order of use of the state’s natural resources, while directly or indirectly affecting public health.

The concept of effectiveness of ensuring the rights and legal interests of a person in pre-trial criminal proceedings

Olha Marynych — Mon, 06 May 2024 00:00:00 +0300

The following factors have a significant impact on the level of effectiveness of ensuring human rights and legitimate interests in criminal proceedings: the political regime in the country, the level of legal culture of the population, the level of economic well-being of the population, the state of compliance with the rule of law, etc. It is possible to assess the effectiveness of ensuring human rights and legitimate interests in criminal proceedings only taking into account the above factors. The purpose of this scientific work is a legal analysis of signs of the effectiveness of ensuring human rights and legitimate interests in criminal proceedings; based on the studied characteristics, formulate the concept of the effectiveness of ensuring the rights and legitimate interests of a person in pre-trial criminal proceedings. The methodological basis of the research is based on general scientific and special methods, in particular, dialectical, comparative legal, formal logical, structural and functional, and the method of theoretical generalization. It was found that the effectiveness of ensuring the rights and legitimate interests of a person in criminal proceedings is manifested in two aspects: 1) the ability of procedural guarantees to achieve the goal of providing an individual with a legal and actual opportunity to use the right and satisfy the legitimate interest in a minimum period of time; 2) the ability of procedural guarantees to achieve the goal of providing individual with a legal and actual opportunity to renounce the right and legitimate interest in a minimum period of time. It has been determined that the effectiveness of ensuring the rights and legitimate interests of a person in criminal proceedings is the ability of procedural guarantees in a minimum period of time to achieve the goal of providing individual with the legal and actual opportunity to use the right and satisfy a legitimate interest or the opportunity to renounce the right and legitimate interest in pre-trial criminal proceedings.

Judicial lawmaking: a conceptual exploration

Yuriy Momot — Mon, 06 May 2024 00:00:00 +0300

The work aims to analyse the role of judicial lawmaking in the legal system of Ukraine and its impact on legal development. The study examines the extent of judicial authority in creating new legal norms, especially in comparison to the legislative branch.

The methodological basis of the study includes a comprehensive review of relevant legal literature, an analysis of Ukrainian legal provisions related to judicial lawmaking, and an examination of judicial decisions that have contributed to legal development.

The results of the study underscore the nuanced role of Ukraine’s courts in the legal landscape. While Ukrainian courts face limitations in directly creating new legal norms, the research reveals their substantial impact on legal evolution through judicial interpretation and the establishment of precedents.

One key finding is the significant influence of judicial decisions on shaping legal practice in Ukraine. Through their interpretations of existing laws and legal principles, courts contribute significantly to the development of legal norms and standards. This process not only clarifies legal ambiguities but also ensures consistency and coherence in legal principles applied in various judicial proceedings.

The study also emphasizes the importance of precedents set by Ukrainian courts. By establishing precedents, courts provide guidance for future legal cases and contribute to the predictability and stability of the legal system. This aspect is crucial for legal practitioners, scholars, and the public in understanding the application of laws and legal principles in different contexts. Conclusions drawn from the study emphasize that Ukraine has a legal system where the legislative branch plays a predominant role in shaping and changing legal norms. The courts in Ukraine have limited authority in creating new norms, as their main task is to apply and interpret existing legislation to specific situations that arise in society. However, it should be noted that courts can influence legal development through judicial interpretation and establishing precedents. When a court decides on an issue that does not have a clear solution in the law, it can establish a new precedent that can then be used for similar cases in the future. This contributes to the development of legal practice and the establishment of stable and consistent principles of judicial decision-making. Therefore, although courts in Ukraine do not have as significant an impact on law formation as the legislative branch, they can still contribute to the development of the legal system through judicial interpretation and establishing precedents.

‘Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons’ of 1996 – time to re-examine

Oleksandr Ostrohliad, Yana Reshyvska — Mon, 06 May 2024 00:00:00 +0300

The article examines the 1996 International Court of Justice (ICJ) Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons. The analysis argues that the Opinion, while a significant step, remains incomplete in achieving nuclear disarmament.

The Court acknowledged the absence of a clear legal prohibition on nuclear weapons but emphasized their incompatibility with international humanitarian law.

The concept of ‘state survival’ as a justification for using nuclear weapons remains ambiguous and raises legal concerns. The Opinion’s call for pursuing nuclear disarmament in good faith necessitates further action. The Court avoided definitively outlawing nuclear weapons, leaving room for interpretation.

The applicability of International Humanitarian Law to nuclear use and its limitations were not fully addressed. The Opinion diverged from the UN General Assembly’s desire for a more explicit ban.

Need for re-examination: recent geopolitical tensions highlight the urgency of stricter regulations on nuclear weapons. The Opinion’s limitations necessitate revisiting it to establish comprehensive international law regarding nuclear arms.

The article concludes by emphasizing the importance of revaluating the 1996 Advisory Opinion and pursuing stronger international legislation to eliminate the threat of nuclear devastation.

The relationship of rights and obligations: questions of theory

T. P. Popovych — Mon, 06 May 2024 00:00:00 +0300

It is indicated that, in the modern period of conflicting legal norms, one of the means of ensuring the implementation and observance of constitutional obligations is the responsibility and sanctions of the norms of the current legislation.

It is noted that in the modern world, with the rapid development of society, the issue of compliance with law and morality is becoming more and more necessary and relevant. That is why considerable attention should be paid to the consideration, analysis and research of these two concepts. Today, law and morality depend on each other. Norms of morality and law are the most widespread and quite important for society. They are intertwined in the process of social regulation, their demands coincide in many respects: what law allows or prohibits, and morality encourages or condemns. The interaction of morality and law in society is a very complex and diverse process. Strongly influencing morality, law contributes to its intensive implementation in the minds of all members of society, at the same time, under the influence of moral requirements, law constantly improves and elevates its role as a social regulator of social relations.

The author emphasizes that the attitude to rights and duties in the context of a person’s legal status creates a rather complex problem for ethics and morality. On the one hand, theorists fix such qualities of moral demands as universality and a high level of commonality. Ethical theory in the sense of attitude to rights and duties inevitably uses as one of its bases the moral ideas of “ordinary man” or “ordinary human mind”. It cannot simply ignore moral intuitions, although it can make attempts to discredit some of them, especially if they contradict the main body of moral convictions and are not accompanied by absolute certainty. However, moral duties to have a different character. They are an integral component of the normative system of universal morality and have an almost axiomatic character for the “ordinary person”.

Human right to be forgiven

Vadim Roskhaniuk, Dmytro Byelov, Myroslava Bielova — Mon, 06 May 2024 00:00:00 +0300

The article examines in detail the concept of “a person’s right to be forgotten” as an important aspect of a natural person’s right to information about himself, which allows a person to demand the removal or destruction of his personal information. The question is also devoted to the main aspects of the history and development of the “right to be forgotten” concept.

The author states that a significant contribution to the regulation of the right to be forgotten within the framework of the legislation on personal data protection was made by the European Union. After all, EU Regulation 2016/679 defines the conditions for obtaining this right, the conditions for fulfilling requests to delete information about yourself, and the circumstances under which this right may be limited. However, this Regulation does not take into account the entire amount of personal information, which complicates the process of realizing the human right to be forgotten.

It has been determined that different countries develop their own approaches to the right to be forgotten. It was found that the current legislation of Ukraine provides for two stages of “forgetting”: a court decision and filing a complaint for violation of the terms of consent to the processing and storage of personal data.

At the same time, the decision of the European Court, which became key in the world judicial practice regarding the human right to be forgotten, was considered. In addition, the balance between the right to be forgotten and freedom of information is described. The public interest and ethical aspects in the context of the right to be forgotten are studied. The need for transparency and a balanced approach to the researched law is substantiated.

The technical aspects of the human right to be forgotten and the challenges they generate are also described. The complexity of technical data deletion and the challenges of data caching and indexing have been studied. The general aspects of ensuring the security and protection of data during deletion are identified, as well as the impact of artificial intelligence and automation on the human right to be forgotten.

International military-space cooperation of Ukraine: legal aspects

Mariia Semenchuk — Mon, 06 May 2024 00:00:00 +0300

Outer space acts as a tremendous resource for the security and defence of a country and the protection of its citizens. Ukraine, despite having to deal with Russia’s full-scale armed aggression, is gradually restoring and building up its space capabilities through cooperation with partner countries. International cooperation in the military and space spheres is manifested as a whole through bilateral treaties on military geography, exchange of various kinds of information that has been obtained through space activities. The space origin of many types of data is no longer unusual and has long been used in the management of military forces. The article is devoted to the modern issues of legal aspects of international military-space cooperation of Ukraine. The research enlightens the importance of legal regulation in the field of space activities to ensure national security and emphasizes the role of legislation in the organization and regulation of space activities, as well as the importance of global partnership and cooperation in achieving space security goals. In the context of the war in Ukraine, there is a need to strengthen international cooperation. Also, it is necessary to expand government-funded military space endeavors and develop a coherent plan for the development of military space cooperation aimed at ensuring national defence interests with allied countries. In addition, the most important activities along this path are strengthening interdepartmental coordination between government agencies involved in space activities, improving the legal framework and elevating the qualifications of space industry and military specialists through the reasonable application of international best practices and advanced experience.

The situation of bringing to justice of a deliberately innocent person

Kseniya Skrypnyk — Mon, 06 May 2024 00:00:00 +0300

The aim of the work is the research such a feature of the objective side as the situation of a criminal offense provided for in Article 372 of the Criminal Code of Ukraine. The topicality is due to the lack of scientific development of the situation of bringing to justice of a deliberately innocent person, which leads to its neglect in practical activities when establishing the objective side of the crime.

The methodological basis of the study is the complex of such methods as empirical, general logical and special legal methods, since the research of the problem of the situation requires the use of a wide toolkit of methodology. For example, empirical methods were used to study the practical implementation of normative prescriptions in judicial practice. The comparative legal method was necessary for a qualitative comparison of adjacent and competing criminal offenses in order to distinguish them. In addition, the terminological approach was applied to clarify the definition of the situation, which was not only contained in the science of criminal law for its unambiguous understanding.

The article consistently examines the general concept of the circumstances of the commission of a crime in various aspects, first of all, in criminal law and criminalistics, as well as the need to establish the situation during the investigation of all criminal offenses, regardless of its fixation in the disposition of an article of the Special Part of the Criminal Code of Ukraine. It was analyzed the circumstances of the commission of the crime provided for in Article 372 of the Criminal Code of Ukraine, which is not enshrined in the specified article, but directly follows from its content and is the obligatory feature of the objective side, because the commission of this crime outside the pre-trial investigation excludes qualification by this article of the Criminal Code. The practical significance of the research lies in the theoretical provision of pre-trial investigation and trial with the aim of properly establishing all the circumstances relevant to the case and the correct qualification of a person’s actions under Article 372 of the Criminal Code of Ukraine. According to the results of the conducted research, the definition of the situation of bringing to justice of a deliberately innocent person is singled out. It was determined that the commission of this crime is possible only during and under the conditions of a pre-trial investigation, which would simultaneously be the stage of criminal proceedings, the period of time of its conduct, and the procedural activity of authorized persons.

Some theoretical and practical problems of legal protection of occupational safety: national and international aspects

Mykola Somych, Oleksandr Kalian, Bohdan Strilets — Mon, 06 May 2024 00:00:00 +0300

The academic article deals with certain issues of the theory and practice of regulatory regulation of labour protection in Ukraine. Main organisational and legal forms of occupational safety and health, as well as main tasks of labour protection management in the country, are defined. Philosophical, general scientific and special legal methods of cognition, including but not limited to formal-legal and comparative legal methods, were used for the research.

It is noted that Ukraine’s health and safety situation is one of the most challenging in Europe. The authors also state that importance of the psychological climate in the workplace and its impact on the production process cannot be underestimated, so relevant measures in the context of its improvement are proposed.

The article highlights certain aspects of labour protection regulation at the international legal level in general (ensured by the International Labour Organization) and at the level of the European Union in particular, as well as the impact of relevant standards on national legislation. The authors formulate proposals for improving the labour protection institute in modern economic conditions in Ukraine, including but not limited to: implementing innovative legal education and training programs focused on occupational safety and health;, creating/improving safe working conditions under martial law, including proper equipment of shelters for use during air raids; ensuring submission of a draft law on improving penalties for violations of labour protection legislation, which will increase employers’ responsibility for compliance with labour protection legislation. It is concluded that the occupational health and safety management system shall be based not only on measures taken by the state, but also on the interest of the parties to labour relations in maintaining the proper physical condition of the employee, which is inextricably linked to the economic and social well-being of the employer.

Autonomy as a form of state sovereignty of the Ukrainian Cossack State (late XVII-XVIII centuries)

Nadiia Stengach — Mon, 06 May 2024 00:00:00 +0300

The study of Ukrainian statehood’s history is important for understanding the continuity of state formation in Ukraine and supporting the nation-state revival. It is crucial to examine Cossack statehood in the mid-17th century, specifically its foreign policy and international situation. The purpose of this article is to study the main directions of activity of the hetman administration of the Ukrainian Cossack state in the XVII-XVIII centuries, focusing on protecting the sovereignty of the Ukrainian government in domestic and foreign policy.

The article’s methodological basis is rooted in general scientific principles and methods of cognition. These principles aim to provide an objective and comprehensive understanding of facts, events, and phenomena. The research follows the principles of historicism and objectivism, which prioritize factual material and avoid bias. General and specific historical methods of scientific research were employed in investigating the topic. These methods included: analysis and synthesis when examining sources and literature, periodization for organizing the research, problem-historical approach for presenting historical material, and comparative-historical analysis for comparing similar indicators and facts within the same historical context.

Result: The elite’s perception of itself as a subject of socio-political life led to the creation of contractual orientations and the demand for mutual obligations to be recognized. This was evident in the requirements of the monarch’s oath to fulfill the contract. The Ukrainian political elite justified their intentions and actions towards protectorates based on the principle of contract, showing their willingness to fulfill contractual obligations on an equal footing.

Conclusions: The legal subjectivity of the Ukrainian political elite has been reduced to post-sovereign autonomism due to increasing foreign policy imperial pressure. The typological characteristics of this are the following: 1) recognition of the supreme power of the protector-monarch; 2) refusal to regulate social relations by the laws of the protector’s country; 3) categorical denial of the right of the political elite of the monarch-protector’s country to perform any managerial functions within the political system of the Hetmanship.

Use of forensic examination opportunities during the investigation of corruption criminal offenses committed by judges

Eugenia Svoboda, Yurii Tsipotan — Mon, 06 May 2024 00:00:00 +0300

The article emphasizes the significant pre-trial importance of forensic examinations in investigating corrupt criminal offenses as one of the forms of utilizing specialized knowledge. The authors disclose the definition of forensic examination. Based on the works of criminologists, survey results from practitioners, and the study of verdicts from the Higher Anti-Corruption Court, it was established that forensic examinations are assigned to state specialized expert institutions but to various subjects of forensic activity. A list of forensic examinations types, primarily appointed in the investigation of criminal offenses committed by judges, is also identified. The most common types of forensic examinations in the investigation of corruption criminal offenses committed by judges are considered. The authors emphasize the importance of forensic criminalistic examination of audio and video materials, forensic document examination, forensic portrait examination, forensic handwriting examination, forensic computer-technical examination, forensic dactyloscopic examination, psychological examination, and forensic linguistic (semantic-textual) examination. It is outlined that conducting examinations in corruption-related proceedings is an effective means of determining the crime mechanism, identifying comparative sample and traces of the suspect, and the subject of the unlawful benefit. The main tasks set for the expert to solve during the investigation of corruption criminal offenses committed by judges are systematized. In the modern context, attention is focused on solving identification and diagnostic tasks.

All these achievements are substantiated by statistical data results and interviews with practitioners, as well as through the analysis of criminal proceedings in the specified category of offenses.

Peculiarities of pre-trial settlement of administrative disputes in Ukraine and foreign countries

Diana Voron — Mon, 06 May 2024 00:00:00 +0300

In the article, the author examines the pre-trial settlement of administrative disputes in Ukraine and foreign countries. Attention is focused on the fact that in connection with the introduction of the state of war in Ukraine, the burden on those courts that have the opportunity to hear cases is increasing because there is a sufficient number of judges, hostilities are not taking place, or the territory on which the court is located is de-occupied. In such conditions, there is a growing need to use alternative methods of dispute settlement, namely mediation and conciliation.

The author highlights the issue of applying these methods – the subject composition of a public- law dispute as a civil servant who does not have a sufficient number of powers to use alternative methods of dispute settlement stays as the mandatory participant in such a dispute, he is limited in decision-making. Therefore, the article provides a suggestion to expand the discretionary powers of the subject of authority.

The positive aspects of mediation are indicated. It contributes to the increase of trust and the establishment of partnership relations between the subject of authority and a private person. A necessary step is to introduce changes to the current legislation of Ukraine and grant the subject of authority the right to offer individuals or legal entities a mediation procedure in order to find a mutually beneficial solution. The author pays particular focus to the use of mediation in Israel. The use of mediation in the member states of the European Union, in particular Italy and Poland, is also being studied. The positive sides of conciliation in Ukraine and the United Kingdom are also studied, and the problems that arise in practice and ways to solve them are specified.

The author comes to the conclusion that in the conditions of the state of war, it is indispensable to use alternative methods of resolving disputes, as this will lead to the relief of the judicial branch of government, the search for a mutually beneficial solution for both parties, the absence of corruption, preserving time and money for both individuals and legal entities, as well as for the subject of authority.