Article 23(9) of the Constitution of Uganda (1995) provides for the right to an order of habeas corpus which is inviolable and cannot be suspended. It is thus one of the few absolute (non-derogable) rights under Article 44 even during a state of emergency. Article 23(9) is operationalized by section 34 of the Judicature Act (1996) which stipulates the conditions that have to be fulfilled for a court to make an order of habeas corpus. The author demonstrates ways in which the right to an order of habeas corpus has been protected in Uganda before and after independence. The drafting history of Article 23(9) of the Constitution is also discussed and it is argued that the right to an order of habeas corpus is applicable in every situation where a person's movement has been restrained by the government or private individuals. The author also deals with the applicable standard and burden of proof in habeas corpus applications.
The increase in economic crime under martial law, together with accelerated digitalization of financial services, underscores the need to reassess the role of criminal proceedings in countering financial crime, with an empirical focus on insurance fraud as a procedurally vulnerable segment. Despite amendments to the Criminal Code of Ukraine (CCU) and the Criminal Procedure Code of Ukraine (CPCU), investigative practice remains limited by deficiencies in the evidentiary base, procedural fragmentation, and weak interdepartmental coordination. The study aims to identify systemic shortcomings in financial-crime investigations and to substantiate procedural improvements. The research is based on content analysis of eight publicly available judicial decisions (six Supreme Court and two appellate decisions, 2023-2024), compliance-oriented assessment against FATF, GRECO, and ECtHR standards, and a functional comparative review of institutional models in France, Germany, and Poland. The findings indicate that stable outcomes are associated with a coherent evidentiary chain (timely expert examinations, interrogation of key witnesses, and preservation of digital traces), whereas terminated proceedings reflect procedural omissions and weak substantiation of intent as recorded in judicial reasoning. The analysis also highlights inconsistencies in asset-seizure initiation, the timing and use of expert evidence, and the procedural handling of digital traces. Comparative assessment suggests that specialized prosecution capacity and register-based data infrastructures support earlier evidence consolidation and more robust procedural outcomes. The study supports the hypothesis that a unified national insurance-fraud register and & iecy;arly prosecutorial oversight, aligned with European procedural safeguards, could strengthen evidentiary continuity and improve the effectiveness of financial-crime investigations in Ukraine.
The article analyzes the evolution of Kazakhstan's criminal-law prohibition on organizing an illegal gambling business within the territorially zoned, licensing-based legalization model introduced by the 2007 Law on the Gambling Business. It combines doctrinal analysis of Articles 269-1 (2011) and 307 (2015) of the Criminal Code with a secondary analysis of national aggregated enforcement statistics (ERDR; Form No. 1-M) for 2012-2025 and triangulation with first-instance court statistics. Registrations are high in 2012-2019 and decline in 2020-2021. In 2022-2023, Form No. 1-M registrations collapse to near zero while completions and referrals to court persist, indicating a break in the comparability of the registration contour rather than the disappearance of enforcement. Registrations partially resume in 2024-2025 at a substantially lower level. Interpreted through the concept of regulatory criminalization, the prohibition functions primarily to protect the spatial and licensing perimeter of the legal market; objectives related to gambling dependence and property protection are pursued only indirectly. The article argues for a clearer differentiation between criminal and administrative responses, strengthened licensing and payment-infrastructure oversight, and a comprehensive prevention and treatment policy. Methodologically, it proposes a two-contour diagnostic that compares registration and judicial series to detect accounting and qualification effects.
The growing practical use of OSINT in criminal proceedings, together with fragmented regulation and uneven evidentiary treatment in Ukraine and the EU, called for a clearer legal analysis. This study examined under which conditions OSINT-derived material may be used in criminal proceedings and which legal requirements govern its collection, authenticity, documentation, and judicial assessment. The method combined doctrinal analysis of legislation and case law from Ukraine and EU legal materials, with the United Kingdom and the United States used as comparative reference points because their courts and legal instruments more expressly addressed digital evidence and publicly available online material. The analysis showed that European approaches relied on clearer rules on legality, proportionality, authenticity, and documentation, whereas Ukrainian law treated OSINT mainly through general rules on electronic evidence. On that basis, the article formulated a legal test centered on lawful collection, source identification, preservation of integrity, procedural recording, and judicial review. The novelty of the study lies in restating OSINT issues in conventional evidentiary terms and clarifying where Ukrainian law converges with, and differs from, European approaches. Further research should test these criteria in actual criminal cases.
This article aims to evaluate and synthesize contemporary scholarly approaches to modernizing administrative law to prevent cybercrime, identify effective tactics, and clarify the pedagogical value of those tactics within legal education. The PRISMA framework guided the selection of pertinent literature, yielding 53 records screened on thematic, chronological, and methodological grounds. Sources span 2019 to 2025 and represent scholarships from North America, Europe, and the Asia Pacific region. Each record was assessed for relevance, methodological rigor, and contribution to the evolving discourse on cyber-legal governance, and appraisal followed accepted evidence-grading protocols. Thematic analysis then structured the evidence. The findings show a pressing need to reform state institutions by establishing specialized cyber units capable of responding rapidly to digital threats. The study further indicates that the effectiveness of cybercrime countermeasures depends on the adaptability and currency of legal norms, underscoring the need to align domestic legislation with international standards. Incorporating emerging technologies, especially artificial intelligence, appears promising for enhancing law enforcement performance and enriching legal curricula. Overall, the research concludes that an effective response to cybercrime requires an integrated strategy that unites legal modernization, technological innovation, and cross-sector collaboration. Such synergy safeguards citizens and key infrastructure worldwide.
