The article analyzes theoretical provisions on the definition of issues related to the execution of sentences, which are considered by national courts as subjects of regulation of criminal procedural and criminal and executive legislation. The author’s point of view is given on the expediency of fixing the specified issues in the form of relevant normative structures, specifically within the Criminal Executive Code of Ukraine. It is emphasized that the legislator’s approach to regulating issues related to the execution of sentences specifically by the norms of the current Criminal Procedure Code of Ukraine is a rather controversial step. The article expresses the author’s point of view that the norms of criminal procedural legislation, which determine the list of issues that are resolved by the court during the execution of sentences, as well as the procedure for considering these issues by domestic courts, contradict the fundamental provisions of criminal procedural law. It is indicated that the essence of the mentioned procedural provisions does not correspond to the tasks of criminal proceedings, defined in the content of the Criminal Procedure Code of Ukraine. At the same time, it is emphasized that the fixation within the criminal procedural legislation of provisions that regulate the conditions and procedure for consideration by courts of issues related to sentences also contradicts the essence and procedure for implementing the functions of the criminal process. The position is expressed that these provisions, by their nature, are outside the scope of implementing the functions of prosecution, defense, and justice. Taking this into account, it is noted that the fact of mentioning such a participant in criminal proceedings as a defense attorney in the current procedural norms that determine the procedure for consideration by courts of issues related to the execution of sentences is quite controversial. It is noted that at the time of consideration by national courts of the specified issues, the triad of criminal procedural functions, including the defense function, had already ceased to be implemented. Thus, it is not appropriate to talk about determining the representation of the rights and interests of the convicted person using the category of “defense attorney”. In these conditions, it is appropriate to use the category of “representative”. It is emphasized that issues related to the execution of sentences, as well as the procedure for their consideration by domestic courts, should be attributed to the subject of regulation of criminal and executive legislation. It is indicated that the legal nature of the aforementioned issues is fully correlated with the content of the Criminal Executive Code as a profile law that regulates the procedure and conditions for the execution and serving of criminal sentences in Ukraine.
The article reveals the features of the implementation of veteran policy in Israel in the context of prolonged armed conflicts and constant security challenges, which significantly influence the formation of state approaches to supporting individuals with military experience. Veteran policy is considered as a comprehensive and systematic direction of public policy, aimed at ensuring social protection for veterans, organizing medical and psychological rehabilitation, as well as creating conditions for their successful socio-economic reintegration into civilian life. The theoretical and legal foundations of veteran policy, the historical prerequisites for its formation in Israel, and the peculiarities of the evolution of state mechanisms for supporting veterans have been analyzed. Particular attention is paid to the institutional system for ensuring veterans’ rights, in particular the activities of the Ministry of Defense of Israel and the Rehabilitation Department, which play a key role in implementing programs for medical care, psychological assistance, social support, and professional adaptation. A significant part of the article is dedicated to the issue of psychological reintegration of veterans, particularly state approaches to overcoming the consequences of post-traumatic stress disorders, which are one of the most common challenges after completing military service. The system of psychological assistance to veterans in Israel, which combines medical, social, and rehabilitation components, is analyzed. Special attention is paid to the main tools of psychological support, mechanisms of interagency coordination between government authorities and specialized services, as well as practices for the early detection of psycho-emotional disorders among individuals returning to civilian life. Based on a comparative analysis of Israeli and Ukrainian experience, the key areas for adapting Israeli practices in the field of veteran policy have been outlined with the aim of improving it in Ukraine under martial law and during post-war recovery. It is concluded that the Israeli model is characterized by consistency, institutional coherence, and a long-term approach to supporting veterans and can serve as an effective benchmark for the formation of a modern veteran policy in Ukraine.
The article is devoted to revealing the evolution of the development of legal regulation of administrative services in Ukraine. It is determined that the process of development of our state is directly related to the fundamental reform of the public administration system, the main direction of which was the transition from the Soviet administrative-command model to a human-centric service state. The evolution of legal regulation of administrative services in Ukraine should be considered a unique example of how legal thought and legislation in accordance with changing social demands, the activation of European integration processes and dynamic technological progress. Studying the history of the development of this institution is a necessary condition for assessing the current effectiveness of state services and determining strategic priority areas for their further development. The study of this evolution makes it possible to assess the change in the very philosophy of cooperation between the state and the citizen, where administrative service is considered the result of the state’s implementation of its duty to society. Three main stages of this evolution are distinguished. The initial stage of the formation of the administrative services system in Ukraine (1991-2005) was characterized by a consistent departure from the ideology of «public administration» and the formation of theoretical foundations of the service concept, which ended with the adoption of the Concept of Administrative Reform. The second stage of institutionalization and legislative consolidation of the reform (2006-2014) was marked by the institutionalization of the sphere, the creation of a network of Administrative Service Centers (ASCs) and the adoption of a special Law of Ukraine «On Administrative Services», which at the legislative level enshrined the rights of citizens to quality state service. The third stage of digital transformation and the challenges of martial law (2014 to the present) became a period of digital transformation and decentralization. It has been established that in general the evolution of legal regulation in Ukraine is characterized by a unique character. Of particular importance was the adaptation of legal support to the conditions of martial law, which confirmed the viability of the digital model of service provision and the need to ensure continuous access of citizens to state registers in crisis conditions.
The article examines the administrative and legal support for the functioning of electronic databases in the education system of Ukraine. It is determined that electronic databases in the education system of Ukraine include: 1) The Unified State Electronic Database on Education (EDEBO), which includes the following separate information resources: the register of subjects of educational activity, the register of education applicants, the register of documents on education, the register of certificates of external independent assessment, the register of student (student) tickets, the register of pedagogical, scientific and pedagogical workers, the register of certificates of pedagogical workers; 2) Automated Information Complex of Educational Management (AICOM), as an integrated information resource in the field of education; 3) internal information bases in educational institutions – web pages, electronic journals, summary information on academic performance, electronic databases on which educational materials and documents regulating the educational process are placed; 4) scientometric databases (for example, Scopus, Web of Science), which help track the citation of scientific articles, which is important for academic development; 5) distance education platforms for distance learning. The content of the following elements of the administrative and legal support for the functioning of electronic databases in the education system of Ukraine is identified and disclosed: 1) public law norms that regulate their activities; 2) the competence of public authorities regarding their proper administration; 3) the procedure for forming databases; 4) the procedure for providing access to databases; 5) the protection of information resources that contain databases. It was found that the shortcomings of the administrative and legal support for the functioning of electronic databases in the education system of Ukraine are: fragmentation of the regulatory framework; insufficient synchronization of various systems (EDEBO, AICOM); risks of cybersecurity and personal data protection violations; low level of technological support for working with databases in individual educational institutions, especially those located in rural areas; insufficient level of protection of information resources. Mechanisms for improving the administrative and legal support for the functioning of electronic databases in the education system of Ukraine are substantiated, in particular: the need for their integration with the portal «Diya»; the introduction of transparent data protection procedures; 3) ensuring the interaction of educational databases with other state registers and the e-government system (a single infrastructure of interdepartmental interaction); the introduction of persuasion methods and clear administrative rules (permits, regulations) for the use of databases, which improves the quality of management processes; expanding the functionality, where the basis is the Unified State Web Portal of Electronic Services «Portal Diya» and the citizen’s office; creating mechanisms for automated control over the reliability of data and ensuring the transparency of the activities of public administration bodies in the field of education.
The article examines the process of the gradual limitation of the powers of the Hetmanate authority by the Muscovite Tsardom in the second half of the seventeenth to the first half of the eighteenth century. It is demonstrated that the Hetman Articles, which were initially concluded as agreements between the Zaporozhian Host and the Muscovite monarch, gradually lost their character as equal treaties. Over time, they evolved into an instrument of control exercised by the tsarist authority. The study emphasizes that the transformation in the content of these acts was determined not only by the political circumstances of the period, but also by the consistent policy of the Muscovite government aimed at subordinating the Hetmanate. The research identifies the principal spheres in which the limitation of the Hetman’s authority took place. These include foreign relations, military command, financial administration, кадрова policy (appointments and dismissals), judicial authority, as well as the procedures for the election and removal of the Hetman. It is underscored that these restrictions were introduced gradually, through modifications of specific articles and the introduction of new provisions that reinforced the dependence of the Hetman’s authority on the tsarist government. The author traces the evolution of the treaty articles. While initially these relations bore the character of a military-political alliance and protection, over time they acquired features of administrative dependence on the imperial center. It is substantiated that the consequences of these acts concerned not only the limitation of the powers of an individual Hetman, but also the overall reduction of the autonomy of the Cossack state. Gradually, key spheres of governance—financial system, military organization, foreign policy, and judicial authority—came under the control of the Muscovite government. Particular attention is paid to the fact that each subsequent contractual act, even when it formally reaffirmed certain rights and liberties, simultaneously introduced new mechanisms of control. This was manifested in the expansion of the powers of voivodes, the strengthening of financial supervision, the restriction of diplomatic contacts, and the establishment of control over the appointment of the Cossack elite (starshyna). Thus, it is argued that the process of limiting the Hetman’s authority was consistent and systematic rather than incidental. It reflected a broader trend of transition from an autonomous Cossack polity to its incorporation into the imperial system of governance. As a result, the Hetman gradually lost real governing powers and was transformed into a subordinate administrative official.
The article provides a comprehensive criminological analysis of the problem of ensuring security in the sphere of entrepreneurship under martial law. It is substantiated that modern transformations of socio-economic processes caused by military actions significantly affect the nature and structure of criminogenic threats that arise in the business environment. The essence of criminological security is determined as a multi-level system of protecting business entities from criminal encroachments, which includes legal, organizational, economic and information mechanisms. The peculiarities of the functioning of entrepreneurship under martial law are analyzed, in particular the impact of business relocation, disruption of logistical connections, economic instability and changes in legal regulation. It is established that these factors contribute to the growth of the level of economic crime, fraud, raiding, corruption and cybercrime. The key criminogenic risks that threaten the stability of business activity are outlined, and the main factors that influence the formation of the criminological situation in this area are identified. Particular attention is paid to the role of state institutions, law enforcement agencies and business entities themselves in ensuring the appropriate level of security. A system of measures to increase the effectiveness of the criminological security of business is proposed, which includes improving legislative regulation, strengthening anti-corruption mechanisms, implementing modern control and cyber protection technologies, developing compliance practices in business, as well as intensifying interagency and international cooperation. The conclusion is made about the need to form a comprehensive state policy in the field of ensuring the criminological security of business, adapted to the conditions of martial law, which will contribute to strengthening the economic stability of the state and protecting the rights of business entities.
The article provides a comprehensive overview of unmanned aerial vehicles as a special technical and forensic tool. The relevance of the topic is due to the fact that there are no unified approaches to the basic concepts in the field under consideration in science. This complicates the formation of a legal basis for the development of unmanned aerial vehicles and their active and effective use as a forensic tool for investigating criminal offenses. The object of the study is the social relations that arise in the process of legal regulation of the use of unmanned aerial vehicles. The subject is legal norms in the field of unmanned aerial vehicle use. The study is based on a dialectical approach using formal-logical, sociological, systemic, comparative, and other general scientific and specific methods of cognition. It is noted that forensic means are a complex of technical means, recommendations, techniques, and methods developed by forensic science to combat crime, consisting of technical-forensic, tactical-forensic, and methodological-forensic means. With the help of an unmanned aerial vehicle as a forensic tool, it becomes possible to record the circumstances of the event under investigation and detect traces of a criminal offense. Given the potentially high degree of public danger posed by the use of unmanned aerial vehicles for illegal purposes, it is necessary to move from a recommendatory to an imperative method of legal regulation by establishing additional prohibitions and restrictions on the use of this type of unmanned transport. The introduction of the latest technical forensic tools into operational-search, investigative, and expert activities and their active use can provide invaluable assistance in the detection, investigation, and prevention of criminal offenses, and the selection of fundamentally new technical and forensic means, devices, equipment, and their use allows crimes to be solved not only in the shortest possible time «hot on the trail», but also crimes from «past years».
The article is devoted to a comprehensive philosophical and legal analysis of the process of law formation as a multidimensional phenomenon that combines social, normative, and intellectual aspects of the emergence of legal norms. The study substantiates the thesis that law formation is a broader concept than lawmaking, as it encompasses not only the activities of state authorities in adopting normative legal acts but also a wide range of social processes within which rules of conduct are formed and evolve, eventually acquiring legal significance. It is demonstrated that the formation of law occurs both as a result of conscious lawmaking activities and through spontaneous social practices, established patterns of behavior, professional standards, and collective expectations of society. Particular attention is paid to the ontological and epistemological aspects of law formation. Within the framework of the ontological analysis, law is considered as a complex social system formed through the interaction of legal norms, institutions, social practices, and the value orientations of society. It is argued that the concept of social order serves as a central category of legal ontology, since it is through this concept that law ensures the organization of social relations and the stability of social interaction. At the same time, the dynamic character of the legal order is emphasized, as it requires continuous renewal and adaptation to changes in the social environment. The epistemological dimension of law formation is revealed through the analysis of the processes of cognition, interpretation, and conceptualization of legal phenomena in legal scholarship and law-enforcement practice. It is shown that the formation of legal norms is inseparably connected with their theoretical comprehension, communicative processes within society, and the interpretative activity of legal subjects. As a result of the research, it is concluded that law formation should be understood as a complex and continuous process of constructing legal reality, within which social interests, values, and communicative practices are transformed into a system of normative prescriptions aimed at ensuring the stability, legitimacy, and development of the social order.
The article presents a comprehensive theoretical and legal analysis of the phenomenon of «soft law» in contemporary international legal doctrine. The main approaches to understanding the nature, essence, and functional purpose of soft law instruments within the system of international regulation are examined. It is substantiated that the growth of the role of «soft law» is due to the transformation of international relations, the complication of global processes, as well as the limited effectiveness of traditional sources of international law, in particular international treaties and customs, in responding to modern challenges. The article analyses the classification of scholarly approaches to the assessment of «soft law» as proposed in modern doctrine, specifically distinguishing the positions of «enthusiasts», proponents of hybrid regulation, and «skeptics». It is established that representatives of the first group emphasize the flexibility, adaptability, and innovative potential of soft law instruments, while advocates of the hybrid approach stress the advisability of combining «soft» and «hard» norms to achieve an optimal regulatory effect. At the same time, critics emphasize the risks associated with the lack of coercive mechanisms, the possibility of political manipulation and the limited effectiveness of such norms. Particular attention is paid to the analysis of the reasons for the spread of «soft law» among which globalization, the growth of the role of non-state actors, the deformation of law-making processes, as well as the increasing complexity of achieving international consensus are highlighted. It is demonstrated «soft law» serves as an important element of the contemporary multi-level system of global governance, ensuring flexibility, responsiveness, and variability of regulatory impact. The article also examines the interrelationship between «soft» and «hard» law, substantiating their complementarity within the modern international legal system. It is concluded that «soft law» not only complements traditional legally binding norms, but also acts as an independent regulatory instrument capable of effectively responding to dynamic changes in the global environment and contributing tо the development of legal pluralism.
The article is devoted to the analysis of the concept and essence of the implementation of land rights. The special significance of land rights for society is emphasized, which causes increased public interest in the issues of the concept of the specified category of rights, their implementation. It is established that the general level of development of the state is closely related to the level of legal regulation of property relations and use of a land plot. Attention is focused on the need to create an effective mechanism for the implementation of land rights, with the identification of specific factors and factors that determine it. Taking into account the main doctrinal approaches, the forms of law implementation are clarified and characterized, among which use, execution, compliance and application are distinguished as a complex form of law implementation, different from others, with its inherent features. The main attention is paid to problematic issues regarding the understanding of the legal nature of the implementation of land rights, clarification of issues regarding the correlation of the concepts of “implementation of land rights” and “exercise of land rights”. In this regard, the regulatory and legal provisions on these issues were analyzed, as a result of which a conclusion was drawn regarding the lack of official interpretation of the legal categories “implementation of land rights” and “exercise of land rights”.Considerable attention is focused on conducting a systematic analysis of conceptual approaches to defining the concept and essence of the implementation of the specified category of rights. The lack of unity in scientific views on the legal nature of the concepts of “implementation” and “realization” has been established. A systematization of the main scientific and theoretical concepts on the researched issues regarding the correlation of the indicated legal categories is proposed, namely: 1) “realization of land rights” and “exercise of land rights” coincide in their content and are defined as identical; 2) the concept of “realization” in comparison with the exercise of land rights is broader in content, respectively, these legal categories are correlated as a part (“exercise”) and a whole (“exercise”); 3) the concept of “exercise of land rights” acts as a generic concept, broader in content in relation to the exercise of rights. Attention is focused on the need to create and ensure an effective mechanism for the implementation of land rights, including through further research and rethinking of the above issues in order to develop established scientific approaches.
The article highlights contemporary theoretical, legal, practical, and methodological conceptual approaches of leading scholars to the formulation and resolution of legal issues related to the codification of Ukraine’s military legislation. A comparative legal analysis of the international experience of leading foreign NATO member states (the Italian Republic, the French Republic, the United Kingdom of Great Britain and Northern Ireland, and the Republic of Poland) in codifying military legislation is conducted. The problematic aspects of the legal regulation of Ukraine’s military legislation, which consists of more than 2,150 normative legal acts, are highlighted. The importance of revising more than 70 laws of Ukraine is emphasized. The author has modeled the optimal option for determining a promising model and the conceptual basis for the content of a promising codification act. The author proposes a classification of contemporary approaches by scholars to a promising model for codifying Ukraine’s military legislation, namely: 1) a comprehensive (universal) approach; 2) an institutional (special) approach. The author proposes to take as a basis a comprehensive (universal) conceptual approach, which is based on modern scientific research. It takes into account positive international experience and provides for the codification of military legislation through the development and adoption of a draft Military Code of Ukraine, which may include provisions from more than 20 Ukrainian laws. The article highlights the author’s ideas and proposals for building a promising conceptual structure for the draft Military Code of Ukraine, which is proposed to include a preamble and 12 books consisting of chapters, sections, and articles. The article notes that the adoption of this act will allow for the normalization of systemic issues at the legislative level, the elimination of contradictions and duplication of legal norms, and the completion of the final formation of military legislation as a separate branch of Ukrainian law.
The article is devoted to the study of the conceptual foundations of the formation of a legal model of innovative investment in Ukraine in the context of integration into the legal space of the European Union. It is substantiated that the current system of normative regulation of innovative and investment activity is characterized by fragmentation, lack of internal coherence and insufficient predictability, which restrains the attraction of private capital to innovative projects and increases regulatory risks. It is proved that the adaptation of legislation to the EU acquis cannot be limited to the formal borrowing of certain legal constructions, but requires the integration of the principles of EU law as a methodological basis for the transformation of national regulation. The content and significance of the principles of the rule of law, legal certainty, proportionality, non-discrimination, subsidiarity and innovation are analyzed in the context of their influence on the institutional and financial-legal support of innovative investment. It is established that the mentioned principles act as criteria for assessing the quality of legal regulation and form a systemic framework for combining the stability of the legal environment with its adaptability to technological changes. On the basis of the conducted analysis, the conceptual contours of an updated legal model of innovative investment are outlined, which provides for the formation of a coherent regulatory architecture, the development of institutional support, the implementation of blended finance mechanisms and regulatory “sandbox” instruments. It is concluded that the implementation of the principles of EU law will contribute to increasing investor confidence, reducing regulatory uncertainty and ensuring sustainable economic development of Ukraine in the process of European integration. The scientific novelty of the research consists in substantiating the principles of EU law not only as guidelines for the harmonization of legislation, but also as methodological criteria for assessing the effectiveness of national regulation of innovative investment. The proposed approach makes it possible to rethink the transformation of the legal environment as a comprehensive process aimed at forming a predictable, institutionally capable and innovation-oriented economic system.
The article is devoted to the study of the legal principles of ensuring environmental safety in Ukraine. It is established that ensuring environmental safety is a constitutional obligation of the state and to one degree or another the business of all citizens as members of society. The state, being the basic subject of ensuring such safety, must act in accordance with a clear algorithm of actions provided for by the current legislation of Ukraine. Therefore, the legislative component within the framework of such activities is decisive, since it is this aspect of the mechanism of legal regulation that contributes to the formulation of high-quality administrative and legal norms and the creation of an appropriate legal basis. Attention is focused on the fact that ensuring environmental safety and balance in Ukraine is one of the priority tasks of a far-reaching nature. That is why the issue of ensuring the functioning of a clear mechanism of administrative and legal regulation in the field of ensuring environmental safety in Ukraine is of urgent importance. Therefore, in this system, the Constitution of Ukraine is of particular importance as the Fundamental Law of the state and society, which laid a powerful foundation for regulating the basic blocks of social relations and had a significant impact on the formation of a holistic and effective mechanism of administrative and legal regulation in the field of ensuring the environmental security of Ukraine. It is proved that the Constitution of Ukraine creates the basic principles for the formation of a mechanism of administrative and legal regulation in the field of ensuring the environmental safety of Ukraine from the point of view of the formation and consolidation of administrative and legal norms, as well as the generation of the emergence of administrative and legal relations with all their constituent elements on their basis. At the same time, the above mechanism cannot function without the duty of the state in the environmental sphere, which is implemented within the framework of basic legal forms: law-making, law-establishing, law-implementing, etc. This indicates that the emergence of administrative and legal norms in the field of ensuring environmental safety is carried out on the basis of constitutional duties directly assigned to the state, including in the field of law-making. In particular, within the framework of such a process, the state, relying on the basic provisions of the Constitution, must adopt the relevant administrative and legal norms that will form the basis for effective public administration in the field of ensuring the environmental safety of Ukraine. It was concluded that today the legal principles of ensuring environmental security represent an extensive system of regulatory legal acts and other sources of law based on the Constitution of Ukraine and state strategy documents, which together provide for the adoption of effective and efficient measures aimed at ensuring the protection of the state, society and the individual from the action of negative factors and threats in the environmental sphere. The legal principles of ensuring environmental security are the basis for the functioning of a holistic mechanism of administrative and legal regulation in the field of environmental security of Ukraine.
Balanced, scientifically based public communications, moderation of public dialogue on all significant issues of lawmaking and state building remain important tasks for scientific institutions and scientists. This will enable not only the formation of a scientific vision of effective legal instruments, but also the further approval of relevant legislative initiatives by society. The article outlines some theoretical and applied provisions on public communications, moderation of public dialogue, carried out by scientific institutions, civil society institutions, in which representatives of the Security and Defense Forces, military personnel, veterans participate (on the example of the activities of a separate public organization). Since 2005, the Center for Legal Studies of Gender Policy under the leadership of N.M. Onishchenko has operated on the basis of a leading academic legal institution – the V.M. Koretsky Institute of State and Law of the National Academy of Sciences of Ukraine. Subsequently, a platform emerged on its basis – the NGO «Tribuna Zhniki». Among its tasks is the continuation of long-standing traditions of academic, scientific communications, moderation of public dialogue on important issues of statehood and lawmaking. In the course of joint work of the NGO «Tribuna Zhniki», scientific institutions (primarily, the V.M. Koretsky Institute of State and Law of the NAS of Ukraine) and representatives of the Security and Defense Forces, military personnel, and veterans, many socially significant issues of statehood and lawmaking were discussed, and relevant scientific provisions were formed for their further use. To analyze the applied aspects of this work, the article provides several examples. Analysis of applied work in the field of public communications, moderation of public dialogue on important issues of state-building and law-making, carried out by scientific institutions in partnership with civil society institutions, representatives of the Security and Defense Forces, military personnel, and veterans, provided the opportunity to draw some theoretical and legal conclusions. Public communications, moderation of public dialogue on important issues of state-building and law-making are aimed at fulfilling both general (for example, consolidation of Ukrainian society, improvement of the legal culture of Ukrainian society, increase of the level of mutual trust of citizens, systematization and organization of the information space, especially in conditions of martial law) and special goals (for example, increasing the level of legal awareness of military personnel, their participation in solving socially significant issues of state development, legislation, creation of a qualitatively trained military reserve). Moderation of public dialogue involves work within a wide range of communications. They can take place in various forms, among which it is necessary to distinguish: forms of organization of scientific work (conferences, forums, seminars, round tables of the corresponding thematic direction), public examinations and monitoring, public control measures, consultations with representatives of the Security and Defense Forces, scientific and advisory activities, etc. An important partner in cooperation in the field of public communications, moderation of public dialogue on all important issues of statehood and lawmaking for scientific institutions, scientists are civil society institutions. Among the subjects of moderation of public dialogue from civil society are public organizations, scientific and advisory, public and other expert councils under public authorities, professional and creative unions, charitable organizations, etc. A «mature», active and influential civil society, as a subject of the concepts of the «fourth power» in a democratic, legal state, is not characterized by quantitative indicators of public institutions and organizations. Instead, it is characterized by indicators of their activities in accordance with the statutory tasks and functions, responsibility to society, and the focus of actions on the development of the Ukrainian state, which is a necessary condition for their participation in social and state development, in accordance with current legislation, the doctrine of a democratic, legal state. Similarly, an indicator of the effectiveness of public communications, moderation of public dialogue by both public organizations and scientific institutions are the specific results of their cooperation. Representatives of the Security and Defense Forces, military personnel, and veterans are an organic part of Ukrainian society. They actively participate in communications of various organizational forms – conferences, forums, seminars, and round tables of the appropriate thematic direction. Their active participation is necessary when discussing all significant issues of lawmaking and state-building. Meanwhile, the cooperation of the Security and Defense Forces with scientific institutions and civil society institutions in the field of public communications is one of the insufficiently explored areas of scientific research in today’s conditions. Using the example of the activities of the NGO «Women’s Tribune», it was determined that the practical results of cooperation between scientific institutions and public organizations in the field of public communications, moderation of public dialogue on important issues of state formation and lawmaking, consist in the development of balanced, scientifically based proposals, publication of relevant scientific provisions, preparation of information letters to specialized bodies, the provisions of which can be used both in legislative and law enforcement work, etc. They are aimed at improving the legal culture of Ukrainian society, consolidating Ukrainian society, increasing the level of mutual trust between citizens, systematizing and organizing the information space, especially in conditions of martial law, etc.
The article examines the features of dismissing employees for absenteeism without good reason during the period of martial law in Ukraine. The norms of labor legislation are analyzed, in particular the provisions of the Labor Code of Ukraine and the Law of Ukraine “On the Organization of Labor Relations under Martial Law”, which regulate the grounds and procedure for terminating an employment contract at the initiative of the employer for absenteeism without good reason. Particular attention is paid to the transformation of the traditional approach to defining the concept of absenteeism and the criteria for the validity of the reasons for the employee’s absence from work in conditions of military operations, restrictions on movement, stay in temporarily occupied territories and other circumstances related to martial law. The paper analyzes current judicial practice, in particular the legal positions of the Supreme Court, which form approaches to assessing the validity of the reasons for the absence of employees from work and determining the legality of their dismissal for absenteeism. Separately, the procedure for documenting the fact of an employee’s absence, the distribution of the burden of proof between the parties to a labor dispute, and the sequence of actions of the employer when applying disciplinary sanctions in the form of dismissal are considered. The practical aspects of recording an employee’s absence at work are studied, in particular, the preparation of service notes, acts of employee absence, requesting written explanations, and other methods of clarifying the reasons for non-appearance. The approaches of the courts to assessing the seriousness of the reasons for absence are analyzed, in particular in cases where such absence is due to hostilities, danger to life, stay in temporarily occupied territories, disruptions in transport or communications. The conclusion is made that in conditions of martial law, the application of dismissal for absenteeism requires taking into account objective circumstances that may prevent the employee from performing his labor duties, as well as strict adherence by the employer to the established procedure. The need to improve legislative regulation is substantiated in order to ensure a balance of interests between the employee and the employer and reduce the number of labor disputes.
The article provides a comprehensive study of the organizational and legal foundations of the operation of a legal clinic within a higher education institution in Ukraine as an important component of the system for training future lawyers, a tool of practice-oriented learning, and a form of implementing the social mission of legal education. It is substantiated that a legal clinic occupies a special place in the structure of a higher education institution, since it ensures not only that students acquire practical professional skills and abilities, but also contributes to the development of a responsible attitude toward their future professional activity, legal culture, legal awareness, skills of ethical communication, and an understanding of the social significance of legal aid. It is proved that the functioning of a legal clinic creates proper conditions for combining theoretical training with practice, developing in future lawyers the ability to analyse legally significant life situations, provide legal consultations, draft legal documents, work with the regulatory framework, and communicate with persons in need of legal assistance. The essence of a legal clinic as an organizational form of educational, practical, and legal awareness-raising activity is analysed, and its main tasks, principles, functions, and place in the system of legal education are clarified. It is determined that the organizational and legal foundations of its activity encompass the regulatory framework governing its establishment and operation, the peculiarities of its internal structure, staffing, the distribution of functions between the head, supervisor, consultants, and students, as well as mechanisms for coordinating clinical work and interaction with other subjects of legal relations. It is emphasized that proper organizational and legal support for the activity of a legal clinic directly affects the quality of professional training of future legal specialists, the effectiveness of legal awareness-raising activities, and the actual accessibility of legal aid for socially vulnerable categories of the population. Particular attention is paid to the current problems of the functioning of legal clinics in Ukraine, among which insufficient unification of approaches to defining their legal status, internal organization, the scope of powers of participants in the clinical process, and uniform standards for carrying out clinical activity are identified. The need for further improvement of the organizational and legal foundations of legal clinics’ activity is emphasized, taking into account modern requirements for legal education, the development of practice-oriented learning, the digitalization of the educational process, and the expansion of forms of providing legal assistance to the population.
The article examines transhumanism as a philosophical-legal category emerging at the intersection of contemporary philosophy, bioethics, and legal theory. The study traces the genesis of transhumanist thought - from its roots in philosophical positivism and the Enlightenment tradition to its crystallisation as an autonomous intellectual movement at the turn of the twenty-first century. It is established that transhumanism as a concept entails a radical reconceptualisation of human nature through the application of advanced technologies - genetic engineering, neural interfaces, nanotechnology, and artificial intelligence - thereby posing fundamentally novel challenges to legal systems with regard to the definition of legal subjects, the scope of legal capacity, and the permissible limits of intervention in the human body. The article explores the core philosophical foundations of transhumanism, notably the principles of personal autonomy, self-determination, and the idea of human «enhancement», and examines their reflection in contemporary human rights discourse. The tension between transhumanist ideals and the natural law tradition is analysed in depth: it is demonstrated that the Thomistic theory of natural law may serve as a normative framework for evaluating human enhancement technologies, provided that the malleability of human nature is acknowledged. The legal challenges of transhumanism in the field of human rights are identified, including the risk of «designed inequality» between enhanced and unenhanced persons, the problem of neurorights, the protection of cognitive liberty, and self-identity. It is established that the absence of a unified international legal framework governing human enhancement technologies creates a legal vacuum, which the first legislative initiatives of individual states aim to fill. The article concludes that the formation of a transhumanist legal doctrine is necessary - one that organically combines the protection of fundamental human rights with openness to scientific and technological progress. Such a doctrine must navigate between the Scylla of techno-utopian reductionism and the Charybdis of bioconservative rigidity, establishing principles of proportionality, non- discrimination, and reversibility as the pillars of future legal regulation.
The energy sector is undergoing unprecedented structural changes that have become one of the defining trends in global economic development at the outset of the twenty-first century. Dependence on fossil fuels, the escalating climate crisis, and chronic instability in energy markets have prompted a fundamental reassessment of established models of energy production and consumption. Renewable energy sources, which until relatively recently were regarded merely as a supplementary element of the energy system, have now emerged as the primary driver of its transformation. The article provides a comprehensive analysis of the legal foundations governing green energy in Ukraine from an economic and legal perspective. The evolution of national legislation in the field of renewable energy sources is examined, tracing the trajectory from the Law of Ukraine «On Energy Saving» of 1994 to contemporary specialized legislative acts - the Law «On Alternative Energy Sources,» the Law «On the Electricity Market,» and the Law «On the Restoration and Green Transformation of the Energy System of Ukraine» adopted in 2023. Legal mechanisms for stimulating the production of electricity from renewable sources are analyzed, including the «green» tariff system, auction procedures, guarantees of origin for electricity, and new market-based support mechanisms. The subject composition of legal relations in the field of green energy is examined: from state administration and regulatory bodies to direct producers, transmission and distribution system operators, traders, and consumers. It is established that the subject composition of these relations is characterized by multi-level structure and functional diversity, while their legal regulation has a complex and inter-branch nature. The process of integrating national legislation with European Union norms is considered, including the implementation of Directive (EU) 2018/2021 (RED II), Directive (EU) 2023/2413 (RED III), and the provisions of the EU’s Fourth Energy Package «Clean Energy for All Europeans.» The impact of the full-scale invasion on the state of renewable energy and the role of distributed generation in ensuring the energy security of the state is studied. The need for systemic improvement of the legal regulation of green energy under martial law and in the context of European integration is substantiated.
The introduction of the legal regime of martial law in Ukraine in the context of the full-scale aggression of the Russian Federation has highlighted the need to rethink the administrative and legal foundations of the activities of public administration entities responsible for its implementation. Despite the legislative definition of the circle of such entities, a comprehensive approach to analyzing their administrative and legal status, interaction, and coordination of powers is lacking, which complicates the effective implementation of martial law measures. The article provides a review of scientific sources and identifies various approaches to classifying subjects of administrative and legal support, including mobilization, regulatory-administrative, and systemic approaches. A conceptual definition of a subject of administrative and legal support for martial law is substantiated as institutions and officials of the public administration system, military administrations, and local self-government bodies that, within their granted powers, carry out managerial and organizational-legal measures to implement the legal regime of martial law. The structure of such subjects is proposed, including state authorities, military command, military administrations, local self-government bodies, enterprises, organizations, and citizens who ensure the practical implementation of martial law measures. The key principles of the functioning of these subjects, their competencies and tasks, as well as the necessity of coordinating actions at all levels of the administrative hierarchy, are highlighted. The article emphasizes that the effective functioning of the system of subjects of administrative and legal support ensures the stability of public administration, the protection of national security and public order, and guarantees the continuity of state governance under an extraordinary legal regime. The proposed approaches can be used to improve legislation, enhance the efficiency of management processes, and provide a scientific basis for state policy regarding defense and security under martial law.
The article examines mediation as a key tool of restorative justice and provides an assessment of the potential for its modernization within the Ukrainian justice system. It is substantiated that mediation, based on the principles of dialogue, voluntariness, offender responsibility and orientation to the needs of the victim, fully complies with the philosophy of restorative justice and contributes to the humanization of the criminal process. Based on an analysis of the current legislation of Ukraine and international standards, the authors establish that despite the existence of the Law of Ukraine «On mediation» of 2021, regulatory regulation remains fragmentary: criminal and criminal procedural legislation lacks clear procedures for referring cases to mediation, mechanisms for assessing its results and procedural consolidation of the mediation agreement. A comparative analysis of the experience of Germany, Poland, the Netherlands, Canada and the USA demonstrates that the effectiveness of mediation in the field of restorative justice is ensured by a combination of three factors - clear legislative regulation, institutional support and professional training of mediators. The authors emphasize that in Ukraine these elements are incompletely represented, which hinders the development of mediation as a full-fledged legal mechanism. In particular, the lack of a unified approach to the certification of mediators, insufficient integration of mediation into the criminal process, low level of legal culture and trust in restorative procedures are noted. Special attention is paid to the context of martial law, in which mediation acquires additional importance for ensuring social cohesion, reducing the level of conflict and resocialization of juvenile offenders. Based on the research conducted, the authors justify the need to form a comprehensive normative model of restorative justice in Ukraine, which will cover the regulation of procedural aspects of mediation, the development of institutional infrastructure and the creation of a system of professional training for mediators. The conclusions formulated in the article emphasize that the integration of mediation into the Ukrainian legal system is an important prerequisite for moving towards European standards of justice, increasing the effectiveness of protecting the rights of victims, and strengthening citizens’ trust in the judiciary.
