Scientific Bulletin of Kherson State University. Series "Legal Sciences"
Scientific Bulletin of Kherson State University. Series "Legal Sciences" is a legal collection of scientific works, founded in 2012. Professional registration (category «B»): The journal is included in the List of Scientific Professional Publications of Ukraine in accordance with Order No. 928 of the Ministry of Education and Science of Ukraine dated June 11, 2026 (Appendix 14). The journal has been assigned Category “B” for three years, from June 1, 2026, to May 31, 2029. Cluster: Law Specialties: D8 Law, D9 International Law. ISSN: 2307-8049 (Print), 2663-2799 (Online). Periodicity: 4 issues per year.
NATIONAL AND EUROPEAN STANDARDS FOR LEGAL SECURITY OF THE RIGHT TO TRANSLATION DURING BORDER CONTROL
The purpose of the article is to analyze the legal support for the implementation of the right to translation during border control. The methodological basis of the research is the methods of analysis and synthesis, formallegal, systemic-structural, and comparative-legal methods, with the help of which normative-legal approaches to ensuring the right to translation during border control are summarized, as well as national regulation is correlated with international standards in the field of human rights protection. Results. The article examines the legal principles of ensuring the right to translation during border control as one of the key guarantees of human rights compliance in interaction with state authorities. The influence of the language barrier on the ability of a person to exercise his procedural rights was analyzed, in particular in the context of obtaining information about the grounds for the application of control measures, access to legal aid and understanding the content of official documents. It has been established that the insufficient level of language accessibility leads to the formalization of relevant procedures and creates prerequisites for limiting the fundamental rights of foreigners and stateless persons. A generalization of the national normative regulation in the field of translation provision has been carried out, which covers various fields of law and determines the procedure for engaging translators within border control and related procedures. It was determined that the existing system of legal regulation is characterized by fragmentation and the lack of a unified approach to determining the procedural status of a translator, which complicates the effective implementation of the relevant guarantees. Particular attention is paid to the organizational aspects of providing translation, in particular the functioning of a specialized register of translators and the possibility of using modern means of communication to overcome language barriers during border control. The practical problems of the implementation of the right to translation during border control are analyzed, among which cases of formal engagement of translators, use of language intermediaries, insufficient level of professional training of involved specialists, as well as lack of proper control of translation quality are identified. It has been established that such shortcomings negatively affect the effectiveness of communication between a person and representatives of state bodies and may lead to a violation of the person’s right to protection. A generalization of European approaches to ensuring language human rights in the field of border control has been carried out, according to which overcoming the language barrier is considered a necessary condition for compliance with the principles of fair treatment, non-discrimination and access to justice. It was determined that European standards provide for the obligation to timely inform a person about legal procedures with his participation in an understandable language, as well as to ensure the possibility of effective participation in the relevant procedures with the help of qualified translation. In general, ensuring the right to translation within border control is complex and requires improvement of both the regulatory and organizational components, aimed at increasing the effectiveness of the implementation of the language rights of foreigners and stateless persons.
SECTION 4 CRIMINAL PROCESS AND FORENSIC SCIENCE; FORENSIC EXAMINATION
PROTECTING THE COGNITIVE FREEDOM AND MENTAL WELL-BEING OF MILITARY PERSONNEL IN THE DIGITAL AGE
Purpose. The aim of this study is to conduct a comprehensive theoretical and legal analysis of the content and mechanisms for protecting the cognitive freedom and mental integrity of military personnel in the context of the rapid digitalization of the military sphere. The work aims to substantiate the concept of a combatant’s “digital dignity” and to define the legal limits of permissible algorithmic and neurotechnological influence on the consciousness of subjects of military service relations in the context of contemporary human rights standards. Methods. The methodological basis of the study consists of a combination of general scientific and specialized legal methods. The systemic-structural method was used to determine the architecture of cognitive rights within the general system of anthropocentric law. The dialectical approach allowed us to reveal the contradictions between the technological expediency of using AI in military affairs and the imperative of preserving the individual’s mental autonomy. The hermeneutic method was used to interpret international “neuro-rights” standards in the context of their implementation in military legislation. Comparative analysis was applied to compare approaches to regulating cyberpsychological security in different legal systems. Results. It has been demonstrated that in the era of hybrid threats, a servicemember’s cognitive freedom is transforming from a purely philosophical category into a fundamental object of legal protection. The rapid adoption of Big Data, neural interfaces, and predictive analytics algorithms creates risks of “algorithmic determination” of a servicemember’s behavior, which threatens their agency. A definition of a military servicemember’s cognitive freedom is formulated as the right to independently form beliefs and make decisions without unauthorized external interference in neurobiological and mental processes. It has been found that existing personal data protection regimes are insufficient to prevent the threats of “surveillance capitalism” and cognitive manipulation. The necessity of expanding the catalog of “fourth-generation” human rights by including the right to freedom from algorithmic influence and the right to psychological security has been substantiated. Conclusions. It is concluded that effective protection of military personnel’s cognitive freedom requires a shift in the paradigm of military law toward strengthening anthropocentric principles. Mental well-being must be regarded as an integral component of combat effectiveness, requiring not only technical but also normative and value-based protection. The author proposes the development and implementation of a “Code of Ethics for Digital Interaction in the Armed Forces” to regulate the limits of the use of psychotechnologies and neuromarketing tools with respect to personnel. It is noted that the development of digital literacy and critical thinking is a form of realizing the right to cognitive self-defense. It is determined that legal doctrine must stay ahead of technological development, creating reliable safeguards against the digital erosion of human dignity in the context of modern and future armed conflicts. Ensuring cognitive de-escalation and preserving the mental sovereignty of the individual are recognized as key vectors for reforming the institution of human rights in the defense sector.
SECTION 1 THEORY AND HISTORY OF THE LAW AND THE STATE; HISTORY OF POLITICAL AND
THEORY (CONCEPT) OF SEPARATION OF POWERS: HISTORICAL AND LEGAL DISCOURSE FROM ANTIQUITY TO MODERN TIMES
The purpose of the article is to conduct a comprehensive historical and legal analysis of the evolution of the separation of powers doctrine from its inception in Antiquity to its conceptual formalization in the Modern Era. The study aims to reveal the transformation process of this idea from a forced mechanism of the division of labor in ancient Greek city-states to a fundamental principle of the functioning of the state apparatus. Furthermore, the work aims to highlight the influence of prominent philosophers and legal theorists on the development of related institutions: state sovereignty, democracy, and the system of checks and balances; this allows for a deeper understanding of the historical foundations of modern constitutions and mechanisms for protecting natural human rights from the usurpation of power. Methods. The methodological basis of the research is constituted by the dialectical approach, which enabled the examination of the separation of powers doctrine within its evolutionary development and transformation from Antiquity to the Modern Era. Central to the study is the application of the historical-legal method, which was used to analyze the genesis of the state-legal views held by thinkers of various epochs (Plato, Aristotle, Marsilius of Padua, Jean Bodin, John Lilburne, John Locke) within the context of specific historical conditions. The use of the comparative-legal method facilitated the comparison of divergences in the understanding of sovereignty and checks and balances across different political regimes (ranging from slave-owning poleis and feudalism to the bourgeois revolutions), while the systemic-structural method allowed for the investigation of the mechanism of separation of powers as a coherent system of interconnected elements (branches of power, functions, and the institution of prerogative). Additionally, the logical-legal method was employed to formulate conclusions regarding the contemporary significance of the studied doctrine. The result of the research is the substantiation of the evolution of the separation of powers doctrine from the ancient class division of labor to a fundamental mechanism for the protection of human rights and ensuring popular sovereignty in the Modern Era. It is demonstrated that John Locke’s concept became a key stage in this transformation, as he not only distinguished the legislative, executive, and federative branches of power but also integrated effective mechanisms of checks and balances into this system: the fixed term of parliamentary powers, executive prerogative, and the government’s dependence on the social contract. It is established that this transition from a formal delineation of functions to a system of mutual control and balance became the foundation of modern constitutionalism, preventing the usurpation of power and guaranteeing the democratic development of the state. The research results consist of an analysis of the historical development of the separation of powers doctrine from its inception in Antiquity (Plato, Aristotle, Polybius) through the Middle Ages (Marsilius of Padua) to the Modern Era (Jean Bodin, John Lilburne, John Locke), focusing on the evolution of the system of checks and balances, sovereignty, and democracy. The topic of separation of powers has always been relevant, as humanity has long faced the problem of power concentration in the hands of a few, leading to tyranny, social inequality, and conflicts. In ancient city-states, it emerged as a response to the economic division of society into classes; in feudalism, as a counterweight to absolutism; and in the bourgeois revolutions of the 17th and 18th centuries, as an instrument for protecting natural human rights. This concept evolved from a theoretical foundation to a practical mechanism ensuring a balance between the branches of power, preventing usurpation and promoting justice. In the modern world, the topic remains extremely relevant due to global challenges to democracy. In many countries where the judiciary actively influences the executive and legislative branches, or in states with parliamentary systems of government, the separation of powers serves as a barrier against authoritarianism. Research into this topic is urgent for several reasons: first, it allows for a deeper understanding of the roots of modern constitutions, where the principle of separation of powers is enshrined as a foundation; second, in the context of geopolitical conflicts, studying the doctrine helps to analyze how power imbalances lead to aggression and instability. Finally, in scientific and educational terms, such studies foster the critical thinking necessary to counteract power manipulations in the era of globalization and AI, where new technologies can strengthen control. The conclusions state that the evolution of the separation of powers doctrine from ancient class division to a fundamental mechanism for protecting human rights reached its conceptual peak in the theory of John Locke. He substantiated the necessity of a systemic combination of legislative, executive, and federative branches with effective mechanisms of checks and balances (particularly fixed parliamentary terms and executive prerogative) to ensure popular sovereignty and prevent the usurpation of power.
SECTION 2 CONSTITUTIONAL LAW; MUNICIPAL LAW
EUROPEAN EXPERIENCE IN ENSURING THE RIGHTS OF TRANSGENDER PEOPLE IN THE DECISIONS OF THE COURT OF JUSTICE OF THE EUROPEAN UNION
The purpose of this article is to examine the legal positions of the Court of Justice of the European Unionregarding the protection of the rights of transgender persons. It is important to consider issues related tothe personal data of transgender persons, as well as issues related to pension provision for persons whohave changed their gender. It is necessary to analyse the conclusions of the Advocates General duringthe consideration of cases in the Court of Justice of the European Union, which are an important elementof a fair and lawful decision.The article uses the method of analysis, as well as the comparative legal method, which were applied duringthe disclosure of the circumstances of the case, legal norms and conclusions of the courts.The results of the study consist of a comprehensive analysis of European experience in ensuringthe rights of transgender persons in the practice of the Court of Justice of the European Union. The evolutionof the Court’s approaches to interpreting the principle of non-discrimination on grounds of sex, gender identityand sexual orientation, initiated in the cases of VP v. the National Directorate General of Immigration Policeof Hungary and Mirin v. the Cluj Civil Registry Office, Civil Status Service of the Department of Registrationand Database Administration of the Ministry of Internal Affairs, Municipality of Cluj-Napoca, in the presence of the Association ’Accept’, National Council for Combating Discrimination, in which discrimination inconnection with gender reassignment was recognised as a form of discrimination on the basis of sex. The legalaspects of protecting the personal data of transgender persons were examined through the prism of EU lawstandards on respect for privacy and restrictions on the processing of sensitive data in accordance withthe requirements of the General Data Protection Regulation (GDPR) and the general practice of the Courtregarding special categories of personal data. The issue of pension provision for persons who have undergonelegal gender reassignment is analysed, in particular taking into account the position of the Court in the caseof MB v Secretary of State for Work and Pensions, which established that it is inadmissible to restrict access topension rights through non-compliance with requirements that violate the dignity and privacy of transgenderpersons.The conclusion is justified that a system of enhanced human rights guarantees for transgender personsis being developed within EU law, which contributes to the unification of national standards of protectionand the establishment of the principles of equality, dignity and non-discrimination.
ORGANIZATION OF JUDICIAL PROCEEDINGS UNDER MARTIAL LAW: LEGAL FRAMEWORK, DIGITAL TRANSFORMATION AND ACCESS TO JUSTICE IN UKRAINE
The article is devoted to a comprehensive study of the legal framework and organizational-legal mechanisms for the administration of justice in Ukraine under martial law imposed as a result of the full-scale armed aggression of the Russian Federation. The relevance of the study is determined by the need to ensure the continuity of the judicial system and the realization of the constitutional right to judicial protection under emergency conditions, when a significant part of the courts found themselves in temporarily occupied territories or in the zone of active hostilities. The purpose of the article is to clarify the administrative-legal and procedural principles of organizing judicial proceedings during martial law, to identify their advantages and disadvantages, and to formulate proposals for improving legal regulation. The study applies formal-legal, comparative-legal and systemicstructural methods of scientific cognition. Results. The constitutional guarantees of the right to judicial protection, provisions of the Law of Ukraine «On the Legal Regime of Martial Law», procedural codes and the practice of their application in wartime conditions are analyzed. Special attention is paid to mechanisms for changing territorial jurisdiction of court cases, recommendations of the High Council of Justice and the Supreme Court on organizing court operations, and digital transformation of justice. It has been established that the key tools for ensuring continuity of justice were: changing territorial jurisdiction of cases in accordance with Article 147 of the Law «On the Judiciary and Status of Judges»; expanding the use of electronic court and videoconferencing; differentiation of cases by urgency criterion; creating conditions for remote participation in court hearings using participants’ own technical means. It is proven that digitalization of justice has become a critically important factor in maintaining access to justice for internally displaced persons, residents of frontline territories and other vulnerable groups. At the same time, systemic problems have been identified: uneven technical equipment of courts, inequality of citizens’ access to digital services, overload of certain courts, insufficient legal certainty of remote procedures. Conclusions. The conclusion is formulated about the necessity of further legislative improvement of mechanisms for organizing judicial proceedings under emergency legal regimes for full implementation of fair trial standards defined by the Convention for the Protection of Human Rights and Fundamental Freedoms and the Constitution of Ukraine.
SECTION 5 JUDICIARY, PUBLIC PROSECUTOR’S OFFICE, THE BAR
PROCEDURAL GUARANTEES OF THE RIGHTS OF THE SUSPECT (ACCUSED) WITHIN THE SCOPE OF SPECIAL CRIMINAL PROCEEDINGS (IN ABSENTIA): JUDICIAL PRACTICE
In modern geopolitical conditions, there is a need to adapt the national legal system to the conditions of martial law. A special procedure for the administration of justice in modern conditions is special criminal proceedings (in absentia). Its main task is to ensure the principle of the inevitability of punishment. In turn, this task is achieved through the rigorous provision of guarantees for the rights of the suspect (accused) and maintaining a balance between the effectiveness of the investigation and human rights standards. In the absence of the suspect (accused), there are reasonable risks of violations of procedural guarantees enshrined in national legislation or their interpretation in a purely formal sense, which jeopardizes the legitimacy of judicial decisions. In view of this, the key factor during special criminal proceedings is the observance of procedural guarantees of the rights of the suspect (accused) by the prosecution and the court. In this regard, the article aims at a comprehensive study of the legal nature and practical implementation of criminal procedural guarantees within the framework of special criminal proceedings (in absentia). Since they are intended to neutralize the risks associated with the absence of the suspect or the accused. The article examines in detail the functional duties of the prosecution and the court, the implementation of which is directed at observing the guarantees of the rights of the suspect (accused). The dangers of a formal approach to the protection of the rights of a person who is outside the jurisdiction of the law enforcement institutions of Ukraine are identified. The methodological apparatus of the research is built on a combination of general scientific and special legal methods, which allowed for the objectivity of the conclusions. In particular, methods of analysis and synthesis were used to investigate doctrinal approaches to the definition of procedural guarantees. The system-structural method allowed for determining the role of guarantees in the mechanism of special criminal proceedings. A special place is occupied by the case method, which was used to study the legal positions of the Cassation Criminal Court within the Supreme Court regarding typical procedural errors in in absentia cases. Results. In the course of the study, it was established that criminal procedural guarantees in special proceedings acquire a specific compensatory nature. This means that the absence of the person must be compensated by the increased activity of the defense counsel and enhanced judicial control. It is proved that the key guarantees are proper notification through public sources, mandatory participation of a lawyer, and the right to a retrial in case of the person’s appearance. The procedural status of the investigating judge and the prosecutor as subjects responsible for the legitimacy of initiating the in absentia procedure is detailed. Based on the analysis of judicial practice, the main procedural violations are identified, which become an obstacle to high-quality justice and may call into question the legal force of the decisions made. Conclusions. Based on the results of the study, it is concluded that the effectiveness of the in absentia institute is determined by the quality of compliance with procedural orders defined by national legislation. Special proceedings require a departure from formalism in favor of real protection. Prospects for further research lie in studying international experience in overcoming the conflict between the effectiveness of investigation and human rights, as well as in developing proposals for improving Chapter 24-1 of the Criminal Procedure Code of Ukraine regarding the clarification of grounds for renewing the terms for appealing sentences rendered in the absence of a person.
GENDER DIMENSIONS OF WOMEN’S STATUS UNDER CONDITIONS OF WAR AND MARTIAL LAW: A SCIENTIFIC-THEORETICAL AND POLITICAL-LEGAL ANALYSIS
The article aims to examine the gender dimensions of women’s status under conditions of war and martial law through a scientific, theoretical, and political-legal analysis. To achieve this goal, a set of general and special research methods was applied, including systemic, structural-functional, comparative legal, historical-legal, formal-logical methods, as well as an interdisciplinary approach, which enabled a comprehensive study of transformations in gender roles and the legal status of women during armed conflict. Results. It has been established that modern wars should be understood as multidimensional social phenomena that significantly affect human rights systems and exacerbate gender inequalities. It is revealed that women in wartime occupy a dual position: as a vulnerable social group exposed to increased risks of gender-based violence, socio-economic marginalization, and rights violations, and at the same time as active participants in military, volunteer, and peacebuilding processes. Key challenges are analyzed, including the rise of conflict-related sexual violence, the feminization of poverty, and limited access to social and healthcare services. It is determined that existing legal regulation mechanisms do not fully consider the gender-specific nature of war crimes and require improvement in line with international standards. An analysis of the implementation of gender-sensitive policies in the context of fulfilling the UN Security Council Resolution 1325 “Women, Peace and Security” has been conducted. It is argued that the effectiveness of state policy depends on proper implementation, adequate funding, and institutional support. Conclusions. It is substantiated that modern gender policy in wartime should combine protective and emancipatory functions, recognizing women as full-fledged actors in security policy. The integration of a gender approach into law-making and law enforcement is a necessary condition for ensuring women’s rights and achieving sustainable peace.
SECTION 3 CRIMINAL PROCESS AND FORENSIC SCIENCE; FORENSIC EXAMINATION
THE ORIGINS OF LEGAL TERMINOLOGY IN THE PRACTICE OF THE CONSTITUTIONAL COURT OF UKRAINE (1997–2026)
The purpose of this article is to provide a comprehensive analysis of the transformation of legal terminologyas reflected in the decisions of the Constitutional Court of Ukraine from 1997 to 2026.The methodological basis of the study consists of the dialectical method, which was used to identifythe peculiarities of the evolution of legal terminology in connection with historical and politico-legaltransformations, the comparative legal method – for analyzing international and European approaches–as well as the method of systemic analysis, which made it possible to investigate the internal logic of the developmentof the Constitutional Court of Ukraine’s terminology system.Results. The article provides a comprehensive analysis of the evolution of legal terminology developed bythe Constitutional Court of Ukraine in its practice from 1997 to 2026. Five successive stages in the formationof the Constitutional Court’s terminology system have been identified, each characterized by a specific setof categories, shifts in doctrinal orientations, and varying degrees of integration of international standards.It has been established that during the first stage (1997–2000), the Constitutional Court of Ukraine focusedon the unification of basic concepts. The period from 2000 to 2010 is characterized by a transition fromdescriptive to analytical legal categories. It was during this period that the Constitutional Court of Ukraine(CCU) developed its legal positions. The years 2010–2014 were marked by an intensive expansionof procedural terminology. In 2014–2020, the terminological system was updated in connection with the reformof constitutional justice and the introduction of the institution of constitutional complaints. The emergenceof new procedural institutions led to the emergence of new categories that define the content and scopeof individual constitutional review. The period after 2020 is marked by the significant influence of EuropeanUnion legal terminology on the domestic legal system and the security component resulting from the armedaggression against Ukraine.The legal terminology of the Constitutional Court of Ukraine has become an important tool for adaptingthe Ukrainian legal system to new internal and external challenges, ensuring the harmonization of nationalapproaches with European standards.Conclusions. The evolution of the legal terminology of the Constitutional Court of Ukraine during the periodfrom 1997 to 2026 went through several stages: the basic formation of terminology, its doctrinalization,political transformation, procedural modernization, and Europeanization. Each of these stages reflects not onlythe development of constitutional justice but also the general trends in the transformation of the Ukrainian legalsystem. As a result of the Constitutional Court of Ukraine’s activities, a complex and multi-level conceptualframework has emerged, which today plays an important role in the development of constitutional doctrine,lawmaking, and judicial practice.
ARMED AND MILITARY CONFLICT AS A PHENOMENON OF MODERN SOCIETY
The development of any society is a complex and multi-stage process that takes place within the “origin – development – settlement” scheme of objectively justified contradictions and conflicts. The article aims to conduct a theoretical and methodological analysis of the essence of conflict and characterize the concept of armed and military conflict in the modern world. Research methods. To achieve the goal and obtain proper results, the study was implemented using a modern general scientific methodology. As a result of research, the author found that modern conflict theories interpret conflict as a form of social interaction. Conflict is an objectively inherent phenomenon for society. Its essence, causes, forms of manifestation, and regulation ways can be understood only through a thorough clarification of the nature of society, particularly of man, the laws of social relations, and human interaction. The author analyzes the content of “military conflict” and “armed conflict” and determines their correlation. Conclusions. To sum up, we can say that society cannot exist without conflict. It is impossible to categorically call conflict a manifestation of organizations’ dysfunction with deviant behavior of individuals and groups, a phenomenon of life; rather, conflict is a necessary form of social interaction for people. The military conflict in Ukraine has long since outgrown the status of a regional one. In terms of its ongoing impact and likely consequences, it is a global event that is changing the political look of not only the European community but international relations as a whole. The continuation of the Russian-Ukrainian war could undermine global security and stability in the world. The conflict has called into doubt the values and principles of the world order, which are subject to rethinking.
PROTECTION OF THE RIGHTS OF INDIGENOUS PEOPLES: INTERNATIONAL STANDARDS AND UKRAINIAN EXPERIENCE
The purpose of the article is to study the formation of Ukraine’s legislative framework for the protection of the rights of indigenous peoples with due regard for modern approaches to the development of the topic in the field of international law. The study is based on historical and legal, comparative legal, formal legal and documentary analysis methods. Results. The topic of protecting the rights of indigenous peoples is relatively new, both in international law and in Ukrainian legislation. The adoption of the UN Declaration on the Rights of Indigenous Peoples (2007) at the international level and the Law of Ukraine “On Indigenous Peoples of Ukraine” (2021) in Ukrainian legislation were milestones. At present, there are still relevant issues related to the development of indigenous rights, in particular, the observance of indigenous rights in the light of dynamic climate change, or the possibilities of indigenous peoples in the field of maritime space and resources, or the search for justice in the light of the colonial past and attempts to overcome its consequences for indigenous peoples, etc. The authors emphasize the relevance of further improvement of the Law of Ukraine “On Indigenous Peoples of Ukraine” of 2021, in particular in terms of supplementing the list of indigenous peoples of Ukraine and developing the industry through the adoption of new bylaws. Conclusions. In the authors’ opinion, Ukraine has passed an important stage in the formation of the fundamental regulatory framework for the protection of the rights of indigenous peoples. In this process, the Ukrainian legislator was guided by international principles in this area. Moreover, modern Ukrainian legislation has received a normative definition of the concept of “indigenous people” that is still absent in international law. At the same time, Ukraine faces the task of ratifying international agreements that will allow not only to declare but also to guarantee the observance of the rights of indigenous peoples, in particular, accession to the 1989 ILO Indigenous and Tribal Peoples Convention.
SECTION 4 INTERNATIONAL LAW. EU LAW. COMPARATIVE JURISPRUDENCE
FORMS OF GOVERNMENT: THEORETICAL MODELS AND THEIR HISTORICAL IMPLEMENTATION IN UKRAINE AND WORLDWIDE
The development of the state is a complex and multifaceted process that encompasses all aspects of sociallife and occurs through the evolution of forms of government. Forms of government define the structureand mechanisms for the exercise of power and the interaction between the state and society. The evolutionof these forms reflects the historical, socio-economic, and cultural conditions of each state.The aim of this article is to conduct a theoretical and methodological analysis of forms of government,their models, and their historical implementation in Ukraine and worldwide. Particular attention is given tothe relationship between changes in forms of government, the development of the legal system, and socio-political processes. Research Methods. General scientific approaches were employed: the historical-legal method to tracechanges in forms of government, the comparative method to analyze common features and differences in Ukraineand other states, and the systematic method to assess the impact of forms of government on state functioning.Results. The study examined the foundations of monarchical and republican forms of government. Monarchiesare characterized by the centralization of power, while republics are based on the election of governing bodies.Their features, advantages, and disadvantages, as well as their historical implementation in Ukraine and othercountries, were analyzed. The historical experience of Ukraine also demonstrates the interconnection betweenthe form of government and the stability of the political system. Changes in the organization of power wereoften accompanied by significant challenges, such as armed conflicts, social contradictions, and crises. However,these changes simultaneously stimulated the search for more effective approaches to governance and facilitatedthe adaptation of state institutions to new conditions. Conclusions. Forms of government significantly influencepolitical stability, administrative efficiency, and legal culture. The historical experience of Ukraine illustratesa transition from monarchical models to a republican form of government based on the principle of separationof powers. Comparative analysis with global models provides insight into the peculiarities of Ukraine's politicalsystem and helps identify directions for improving state governance. Forms of government determine not onlythe effectiveness of the state apparatus but also the trajectory of socio-political.
MORATORIUM IN UKRAINE’S INSOLVENCY LEGISLATION AND ITS COMPARATIVE ANALYSIS WITH FOREIGN PROCEDURES (EXAMPLE OF THE CZECH REPUBLIC)
Relevance of the topic. In modern domestic insolvency legislation, there is a rather long discussion about the suspension of obligations in bankruptcy procedures – a moratorium on satisfying creditors' claims (hereinafter referred to as the “moratorium”). The concept of “moratorium” formally contradicts the conditions of its application, so we see the need to analyze both the concept and the application of the “moratorium” and, based on the analysis, to isolate its impact on the fulfillment of obligations taking into account solvency, since uncertainty leads to abuse of procedural rights. A number of issues also require attention, namely: the legislative approach to dividing creditors into two categories is ambiguous: bankruptcy creditors, whose claims are suspended during the moratorium, and current creditors, whose claims are not subject to the moratorium, which creates primary discriminatory conditions for creditors. The duration of the moratorium also requires changes, which accordingly delays the terms of fulfilling obligations to creditors. Purpose. The article is devoted to the institute of procedural law – “moratorium” on the satisfaction of creditors' claims in bankruptcy procedures. The article is devoted to the study of the moratorium in domestic insolvency legislation and its comparison with similar institutions in the legislation of other countries. This scientific work uses such research methods as comparative legal analysis, generalization and systematization. Conclusions. During the disclosure of the concept of moratorium, its essential features and differences from other measures of influence on the order (procedure, method) of fulfilling the obligation were determined. Special attention was paid to errors in defining the concept and the consequences of such errors in law enforcement. Based on the results of the analysis of the concept of “moratorium” in bankruptcy procedures, ways to eliminate imperfections and rules for its application were proposed. The concept of “moratorium” in bankruptcy procedures in accordance with the legislation of the Czech Republic is reflected and the essence and purpose of this measure in insolvency procedures are outlined, common features and differences compared to the institution of moratorium in domestic legislation are given. Conclusions are drawn regarding the appointment of a moratorium in bankruptcy procedures, the feasibility of its application, and a comparison of this tool with similar foreign institutions is made. The elimination at the legislative level of the discriminatory position of bankruptcy creditors compared to current creditors as a result of the introduction of a “moratorium” is an urgent issue on the path to improving legislation and implementing reforms.
SECTION 2 ECONOMIC LAW; ECONOMIC PROCEDURAL LAW
THE JUDICIARY IN UKRAINE: PLACE AND ROLE IN BUILDING THE RULE OF LAW IN TODAY’S CONDITIONS
This article aims to study the essence, place and role of the judiciary in Ukraine in the construction of the rule of law in today’s conditions. In order to achieve the declared goal and obtain appropriate results, the following set of methods was used: general scientific methods, formal legal method, systematic approach. Results and conclusions of such activities. The article analyzes the question of the place and role of the judiciary in Ukraine in the construction of the rule of law in today’s conditions. It is indicated that the path that Ukraine has chosen for its future is quite balanced and fair, it is connected with the civilized world, and therefore our state should become truly democratic, social and legal. For this, obviously, all branches of government should make maximum efforts to realize the set goal. Scientific approaches to understanding the rule of law, its historical roots and modern approaches to expanded content, elemental composition, factors contributing to positive progress in the formation of a favorable legal field for the development of this area are analyzed. It is emphasized that in the context of building a legal state, the judicial power is of great importance, because it is the task of protecting the law, preventing violations of the rights and freedoms of people and citizens, and in the case of such violations, their immediate restoration. It was emphasized that the current period is quite difficult and stressful for Ukraine, because, first of all, it is connected with the opposition to the external enemy, which is trying with all its efforts to take away our sovereignty, independence, integrity and inviolability.Instead, it was emphasized that this is not the only test for our state, as there are many other threats and challenges in Ukrainian society, related, in particular, to the observance of human and citizen rights and freedoms. Unfortunately, although the judicial branch of government has tried to implement certain systemic transformational processes, it has not yet been possible to achieve a positive result. It has been established that, despite everything, the judicial branch of government, represented by its bodies, directs its activities to the implementation of positive reforms in the justice system, the formation of a professional, high-quality judicial core, devoid of negative qualities, frank indulgence of the law, in particular, the corruption component. Such a position suggests that the judicial power, in fact, occupies an important place in the construction of the rule of law and, obviously, its role in this process is difficult to overestimate.
SECTION 4 JUDICIAL SYSTEM; PROCURACY AND ADVOCACY
SOME PROBLEMS OF THE PRACTICE OF APPLYING THE INSTITUTION OF (PRETRIAL) PROBATION IN CRIMINAL PROCEEDINGS
The purpose of the article is the identification of some problematic issues of the practice of applying the institution of (pre-trial) probation in criminal proceedings, the search and proposal of ways to solve them in order to contribute to ensuring the stability of judicial practice on the functioning of (pre-trial) probation in criminal proceedings. Methods. To achieve the goal, a dialectical methodological approach was used, which allowed to consider the law enforcement practice in relationship and the interdependence between itself and provision of the legislation and to conclude about their internal inconsistency. Formal and logical methods of analysis, synthesis and generalization were used to identify problematic issues of judicial practice and formulate conclusions. To provide recommendations that will contribute to the solution of certain law enforcement problems and increase the effectiveness of judicial practice, the forecasting method was also applied. Results. The article highlights some problems of the practice of applying the institution of (pre-trial) probation in criminal proceedings. It is established that after the adoption of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Ensuring the Execution of Criminal Punishments and the Implementation of the Rights of Convicts” No. 1492- VIII dated September 7, 2016, by which the Code of Criminal Procedure of Ukraine (CCP of Ukraine) was supplemented by Article 314-1, which regulates the procedural mechanism of preparing and entering into criminal proceedings a pre-trial report of the probation authority, a number of problems arose in practice related to the procedural status of a new participant in court proceedings – a probation officer, as well as the significance of the pre-trial report on the personality of the accused for the court when deciding on the type and extent of the punishment. It is clarified that the courts, due to the absence of necessary materials for the preparation of a pretrial report, oblige the prosecutor to provide the probation officer with access to the criminal proceedings’ materials related to the establishment of circumstances determined by the para. 4, 5 of part 1 of the Article 91 CCP of Ukraine. On the other hand, such approach of the courts of first instance contradicts the requirements of the criminal procedural law in view of the subscribed order of familiarization with the case materials by the participants in the court proceedings and the powers of the prosecutor. Because of fact that the probation officer does not have an opportunity to familiarize with the materials of the proceedings before the start of the trial, the author proposes two approaches to solving the situation: lawenforcement and legislative one. The first consists in the establishment by the courts of a sufficient period for the preparation of pre-trial report with the possibility of its extension and the parallel continuation of the trial of criminal proceedings. The second approach dictates the need to make amendments to the CCP of Ukraine by establishing a minimum term for preparing a probation report, which would be completed no earlier than the end of the clarifying of the circumstances of criminal proceedings and the transition to court debates. It is found that the Criminal Cassation Court of the Supreme Court in its practice follows the position according to which the pre-trial report of the probation officer has a recommendatory nature for the court, which the latter can consider based on its discretionary powers. At the same time, the analysis of the practice of the same court indicates its inconsistency on the specified issue. In some cases, he cancels the decisions of the lower courts on the grounds of their inconsistency with the data and conclusions of the pre-trial report in aspect of the imposed punishment. The author emphasizes that the probation report is the evidence in criminal proceedings, which determines not only its advisory nature for the court at the stage of passing a sentence, but also the need for the court to evaluate the content of this report. Conclusions. It is concluded that the court decision, which does not state the reasons for not considering the pre-trial report when determining the type and measure of punishment, will be a subject to cancellation.
SECTION 5 CRIMINAL PROCESS AND FORENSIC SCIENCE; FORENSIC EXAMINATION
LABOR RIGHTS AND GUARANTEES FOR CUSTOMS OFFICERS: THEORY AND PRACTICE
Despite the existing legislation, customs officers face a range of issues, including insufficient material support, the absence of specialized regulatory provisions that address the specifics of their activities, and difficulties in resolving labor disputes. Objective. This article aims to analyze the current legal regulation of labor remuneration for customs officers in Ukraine, identify the key issues in this area, and substantiate possible solutions, considering international experience. Methods. The research employs general scientific methods, including systemic analysis to assess the legal framework governing labor remuneration for customs officers, the comparative method to analyze the experience of EU countries, and the forecasting method to identify prospective directions for reforming this sphere. Results. The conducted analysis reveals that, despite the presence of a legal framework, customs officers encounter several challenges: insufficient material support, the lack of specialized regulatory provisions tailored to their specific activities, and difficulties in resolving labor disputes. Special attention is given to social guarantees, including pension benefits, insurance, material assistance, and compensation for unused leave. Customs service reforms are often accompanied by organizational changes that exacerbate social tension among employees and affect their job stability. The necessity of professional development for customs officers, including training and qualification enhancement in line with modern challenges and international standards, has been highlighted. The article substantiates the appropriateness of adapting best EU practices, such as collective agreements, social benefits, and psychological support, to the Ukrainian context. Conclusions. To improve the legal regulation and working conditions of customs officers, the following measures are proposed: reforming the regulatory framework, increasing funding, and introducing modern technologies such as automated risk analysis systems and electronic declaration processes. Implementing these measures will reduce the workload on employees, enhance the efficiency of customs services, facilitate their integration into the European legal framework, and ensure compliance with modern globalization standards.
SECTION 3 LABOUR LAW; SOCIAL SECURITY LAW
THE PRACTICE OF CRIMINAL RESPONSIBILITY FOR GENOCIDE
The purpose of this article is to study the practice of criminal responsibility for genocide.Methods. In order to achieve the declared goal and obtain the appropriate research results, the following set of methods was used: logical-legal method, comparative-legal method, historical-legal method, normativedogmaticmethod, etc. Results and conclusions. Criminal responsibility for genocide at the internationallevel was formed during three periods (Nuremberg, post-Nuremberg, Hague, Rome period) and is basedon two fundamental international NPAs, the Convention on the Prevention and Punishment of the Crimeof Genocide (1948) and the Rome Statute of the ICC (1998), which contain the definition and compositionof the crime of genocide, the rules of immunity for the commission of genocide by state officials, the obligationsof the participating states to prevent genocide, the mechanism of real responsibility for the commissionof genocide and taking preventive measures to prevent it. It was noted that criminal responsibility for crimesof genocide also involves responsibility at the level of states that have implemented the norms of internationallaw in this area, created a system of national legislation to regulate the issue of criminal responsibility for crimesof genocide, determined the procedure for interaction with the International Criminal Court and recognizedits powers. Some of the countries that have ratified the relevant normative legal acts in the field of criminalresponsibility for crimes have introduced the principle of universal responsibility into national legislation,which allows for the investigation of crimes of genocide and the prosecution of those responsible for theircommission, including and in the event of the crime of genocide being committed on the territory of anotherstate and in the event that the victims or suspects are citizens of a foreign state.
STATE CONTROL OF ENTREPRENEURIAL ACTIVITIES: ADMINISTRATIVE AND LEGAL PRINCIPLES OF ORGANIZATION AND FUNCTIONING
The purpose of the article is to study the main aspects and problematic issues of administrative and legalregulation of organizational processes and the functioning of state control over business entities. The researchuses general scientific methods of analysis and special methods of scientific knowledge, in particular: systemanalysis, dialectical analysis, comparative legal analysis, method of generalization and systematization.The results. The conducted studies of problematic issues of administrative and legal regulation of the processesof organization and functioning of state control over subjects of entrepreneurial activity allowed to identifysignificant problems of ensuring such control, among which are: (1) insufficient level of legislative and regulatory regulation of the activity of the institute of state control over the subject objects of entrepreneurial activity; (2)non-systematization and contradiction of the norms of administrative and legal regulation of state control overbusiness entities; (3) imperfect classification of types of state control over business entities. The dominant roleof war factors on the processes of organization and functioning of state control over subjects of entrepreneurialactivity has been established. Conclusions. Modern challenges and dangers of a global and local naturecause the emergence of problems of administrative and legal regulation of the processes of organizationand functioning of state control over entities of entrepreneurial activity, as a result of which the existingnorms of the current legislation are ineffective and require revision and improvement. The need to strengthenthe administrative and legal regulation of the processes of organization and functioning of state control overentities of entrepreneurial activity, in particular, at the regional and local level, especially in those regionswhere active hostilities are taking place, caused by the armed military aggression of the Russian Federation,is proven.
SECTION 2 ADMINISTRATIVE LAW AND PROCESS; FINANCE LAW; INFORMATION LAW
LEGAL ASPECTS OF DISTRIBUTION LAND EASEMENT AND SUPERFICIES
Purpose. The research is aimed at conducting a comparative analysis of legal institutions of land easement and superficies in Ukrainian legislation. The main goal is to identify the common features and differences of these institutions, as well as consider their practical application. This will allow for a deeper understanding of the legal nature of land servitude and superficies, their importance for the regulation of land relations, and will make it possible to avoid practical problems in their application. Methods. In the research process, the methods of comparative analysis, systemic approach, as well as analysis of regulatory legal acts and judicial practice were used. The method of comparative analysis was used to determine common and distinctive features of land easements and superficies. The systemic approach made it possible to characterize the legal regulation of these institutions in the context of the land law system. The analysis of regulatory legal acts and court decisions helped to clarify the peculiarities of legal regulation and practical application of land servitude and superficies in Ukraine. Results. As a result of the conducted research, common features and essential differences between land easement and superficies as independent institutions of land law were established. It was found that they differ in the objects of the land use right, terms, content and legal consequences. The doctrinal definitions of superficies and the proposed own definition of land easement and superficies are also summarized. Conclusions. The study of land servitude and superficies showed that these institutions, despite their common nature, have significant differences in the legal regime, limits of use and grounds for termination. A land easement, as a rule, is established to meet the specific needs of adjacent land plots, while a superficies grants broader rights to build on and use someone else’s land plot. The analysis of legislation and judicial practice revealed a number of problematic issues, in particular: unclear definitions, lack of uniform judicial practice, and the difficulty of applying these institutions in practice. This indicates the need for further improvement of the legislative framework and the development of more detailed methodological recommendations. For the effective use of land easement and superficies, it is necessary to create clear and understandable rules for the establishment, modification and termination of these rights. It is also proposed to simplify the procedure of legal registration of these legal relations with the help of standard contracts. An easement provides the right to limited use of someone else’s land to meet certain needs, while a superficie provides the right to build and operate buildings on someone else’s land. The differences between these institutes lie in their object, duration of use and functional purpose, as well as the grounds and legal consequences of termination.
SECTION 3 LAND LAW; AGRARIAN LAW; ENVIRONMENTAL LAW; NATURE RESOURCES LAW
MECHANISMS FOR THE PROTECTION OF CREDITORS’ RIGHTS IN THE PROCESS OF ENTERPRISE BANKRUPTCY IN UKRAINE: ADMINISTRATIVE AND LEGAL APPROACH
The article analyzes the innovations of the Bankruptcy Code of Ukraine, which came into force in 2019, and their impact on the mechanisms for protecting creditors’ rights in the context of the administrative and legal approach. The goal is a comprehensive study and evaluation of the mechanisms for protecting the rights of creditors in the process of bankruptcy of enterprises in Ukraine with an emphasis on the administrative and legal approach. Research methods used by the author were methods of accumulating facts related to the object of research, methods of analyzing facts (estimation, comparison, comparison), methods of selection and justification of scientific recommendations. Results. The recent legislative changes have radically transformed the bankruptcy practice in Ukraine, in particular, in the direction of a greater focus on protecting the interests of creditors. The article begins with an overview of the main changes introduced to the legislation, which eliminated the need to obtain a court decision on debt collection and confirmation of the executive service in order to file for bankruptcy. This significantly reduced the time and financial costs of opening bankruptcy proceedings. The number of requirements for pretrial rehabilitation has also been reduced, making it more accessible to large enterprises. Important innovations include simplification of the liquidation procedure and improvement of the mechanisms for protecting the rights of creditors. The author emphasizes the importance of the expanded powers of insolvency receivers, who have been granted the ability to invalidate transactions and recover lost company assets. The article also examines the impact of the innovations on court practice, where it has become possible to bring to justice unscrupulous managers and owners of debtors. Changes in the regulation of creditors’ rights are also considered through the prism of new conditions for creditors’ meetings. The Code clearly defines the terms of their powers, which contributes to a more transparent and efficient organization of the meeting. In addition, the Code introduces new rules regarding the moratorium for secured creditors, automatically terminating the moratorium after six months. The author emphasizes that the Code provides creditors with more opportunities to enforce their claims and ensures better protection of creditors’ rights than under previous legislation. The author also discusses the automation of processes and changes in the procedures for creditors’ meetings, which improve the efficiency of the bankruptcy process. Conclusions. The Bankruptcy Code of Ukraine significantly improves the existing legal system, providing new tools to protect the rights of creditors and ensure a more efficient bankruptcy process. This contributes both to the improvement of the situation with debts in Ukraine and to the increase of the level of trust in the legal system as a whole.
SECTION 4 ADMINISTRATIVE LAW AND PROCESS; FINANCIAL LAW; INFORMATION LAW
PHILOSOPHICAL AND LEGAL EXPLICATION OF THE DEVELOPMENT OF THE CONCEPTS OF HUMANISM
Purpose. The purpose of the article is to provide a philosophical and legal explication of scientific approachesand classical determinants which influence the definition of the concept and content of the idea of humanism in law.Methods. The following methods were used in this study: dialectical, comparative, logical analysis and formallegal. Results. The study demonstrates the complex nature of the development of humanism in law, reflectingits evolution from the ancient philosophy of Ancient Greece, which laid the foundation for the recognitionof human dignity and freedom, to modern legal systems. The Renaissance and the Enlightenment emphasizedthe importance of rationality, individual freedom, and natural rights, which became the basis for modern legalconcepts. In the XX century, under the influence of globalization, industrialization and world wars, humanisticprinciples were universalized, which was reflected in the adoption of the Universal Declaration of Human Rights.The current stage of development of humanism in law is characterized by new challenges and opportunities,including globalization, technological innovations and social changes, which leads to strengthening of humanrights protection through national and international mechanisms. Conclusions. The ideas of humanism remainvaluable and indispensable for the functioning of fair and effective legal systems. They continue to evolve, adapting to modern realities and challenges, providing a framework for the development of legal thoughtand practice in the 21st century. In particular, humanistic principles promote the protection of human rights,social justice and equality, while encouraging the integration of new technologies and global standards intolegal systems. In the context of growing globalization and technological progress, humanism remains a keyguideline for the formation of legal norms that meet the needs of modern society and individual freedoms.
TECHNICAL LEGAL ERRORS: CONCEPT, TYPES AND PLACE IN THE CLASSIFICATION OF LEGAL ERRORS
The purpose of the scientific article is to classify legal errors on various legal grounds and provide detailed disclosure of technical legal errors. The implementation of this goal will make it possible to distinguish between existing errors and contribute to their prevention and rapid elimination by competent entities in the implementation of their professional activities. The methodological basis of scientific research consists of the formal legal method, extrapolation, system method, analysis and synthesis. The result of the article is an analysis of the system of classification criteria and types of legal errors, namely: by the degree of certainty, by legal significance, by the motivation of the subject’s volitional activity, by the types of professional activity. It is established that in the course of law-making activities, subjects often make technical legal errors, which are a separate type of legal errors. The article analyzes the arguments of scientists regarding the definition of the concept of technical legal errors and formulates their own understanding of the generic concept, according to which a technical legal error should be interpreted as a type of law-making error, which consists in violation of law-making technology by a competent subject, and, as a result, negatively affects the quality of the relevant normative legal act and national legislation in general. The main signs of technical legal errors are identified and their classification is carried out on various grounds. Special attention is paid to the classification, according to which technical legal errors are divided into: linguistic, logical and procedural. Each type of such errors is illustrated with a specific example based on the norms of modern legislation, in particular, Criminal Code of Ukraine and the Law of Ukraine “On the Security Service of Ukraine” are given. It is noted that the tendency to reduce the quality of normative legal acts is the haste to consider important issues and, as a result, to systematically make mistakes in practical activities. Therefore, the main task of the state’s legal policy is to reduce the number of errors that have a significant negative impact.
FEATURES OF MEDIATION IN RESOLVING DISPUTES CONCERNING COPYRIGHT AND RELATED RIGHTS
Purpose – to explore the features of mediation as an alternative method for resolving disputes concerningcopyright and related rights. The study aims to assess the effectiveness of mediation procedures in resolvingsuch disputes, focusing on the main advantages and disadvantages of this approach.Methods. The article employs a comprehensive research approach, including an analysis of legal normsregulating mediation in the field of copyright and related rights, as well as a comparative analysis of the practiceof mediation in different jurisdictions. Qualitative and quantitative analysis methods were used to evaluatethe effectiveness of mediation procedures, including expert surveys and statistical data analysis.Results. The research indicates that mediation is an effective tool for resolving disputes concerning copyrightand related rights. The application of mediation procedures allows parties to reach mutually beneficial agreements, reduce litigation costs, and maintain business relationships. However, the success of mediationlargely depends on the professionalism of the mediators and the willingness of the parties to cooperate. It wasalso noted that there is a need for clearer legal regulation of mediation in this area to enhance its effectiveness.Conclusions. Mediation procedures are a promising method for resolving disputes concerning copyrightand related rights, which can significantly improve the efficiency of conflict resolution. For the furtherdevelopment of mediation, it is necessary to improve legal regulation, enhance the training of mediators,and promote the advantages of this method among potential dispute participants.
SECTION 2 CIVIL LAW AND CIVIL PROCESS; FAMILY LAW; INTERNATIONAL PRIVATE LAW
LEGAL DIMENSION OF STIGMATIZATION OF WOMEN
The purpose of this article is to research certain aspects of the legal dimension of the stigmatization of women. To achieve the declared goal and obtain the appropriate results, the following combination of methods was used: historical-legal, systemic-structural approach, methods of formal logic, grouping method. Results and conclusions of such activities. Stigmatization as a negative social phenomenon manifests itself through a prejudiced attitude, isolation and discrediting of a person based on imagined or real features, formulates negative stereotypes in society, causes social exclusion and discrimination, harming rights individuals or groups. Prerequisites for the development of stigmatization are the presence of fixed stigmatized attitudes in society, and the causes are the so-called stigma reflects society’s reaction to deviations from its norms and determines the place and role of a stigmatized person or group of persons in this society. One of the types of stigmatization is gender-based stigmatization, which consists in negative attitudes, stereotyping, or prejudices against individuals based on their gender and leads to the development of gender discrimination. Stigmatization of women is based on historical, cultural, religious, economic and political factors and manifests itself in various spheres of social life (in the sphere of education and science, employment, politics and civic activity, in family relations and the sphere of women’s reproductive rights, in culture and social networks, etc.), Stigmatization of women in various spheres of life violates their fundamental rights and interests.Overcoming the stigmatization of women in the legal dimension consists in the creation, implementation and effective application of legislation and policies that guarantee the equal rights of women, protect them from stigmatization, and also contribute to the change of social stereotypes. The legal dimension of combating the stigmatization of women involves not only formal recognition of equality, but also active work on eliminating stereotypes, ensuring access to justice and creating equal opportunities in all spheres of life, and the effectiveness of this process depends on close cooperation between the government, civil society and international partners , which will undoubtedly become the subject of our further scientific research.
THE ROLE OF GLOBAL ADMINISTRATIVE LAW IN THE SPHERE OF LAW ENFORCEMENT ACTIVITIES
The article aims to study the role of global administrative law in the field of law enforcement. Methods. In order to achieve the declared goal and obtain proper research results, the following set of methods was used: comparative-legal, systemic-functional, logical-legal, normative-dogmatic and other methods. Results and conclusions. Global administration in the field of law enforcement is a complex and multifaceted process that includes coordination, cooperation and regulation between countries and international organizations in order to ensure security, law and order and combat crime, contributes to the effective protection of human rights and the implementation of international standards in the field of law enforcement. The key elements of global administrative law are: the system of norms, principles and subjects of global administrative law. The system of norms of global administrative law is reflected in relevant multilateral universal, targeted, regional conventions and bilateral departmental agreements, which establish international and bilateral standards and mechanisms that allow states to join forces in the fight against the global challenges of international crime. Global administrative law is based on the principles of harmonization, transparency, equivalence, provision of consultations, conducting control procedures, rule of law, good governance, observance of due legal procedure, which contributes to the creation of an effective, transparent and fair system of law enforcement bodies at the international and domestic level, which is capable of proper to ensure law and order and protect the rights of citizens. Subjects of the global administration in the field of law enforcement in their totality make up a system of cooperation at the global, universal, target, state and departmental level, which contributes to the solution of strategic tasks related to the prevention and counteraction of crime, including at the international level, and includes international intergovernmental organizations, transnational networks, informal formations of national regulatory bodies or officials, public-private bodies and national regulatory bodies acting on the basis of international treaties and/or under the auspices of international organizations or informal agreements on cooperation in the field of law enforcement.
SECTION 2 ADMINISTRATIVE LAW AND PROCESS; FINANCIAL LAW; INFORMATION LAW
REGIONAL SEPARATISM IN UKRAINE AND EUROPEAN COUNTRIES
This article aims to study certain aspects of regional separatism in Ukraine and European countries.In order to achieve the declared goal and obtain proper research results, the following set of methodswas used: historical-legal method, comparative-legal method, formal-logical method and content analysis method. Results and conclusions of such activities. Separatism is an ideological and political movementaimed at separating part of the territory of the state or a group of people from the existing state or territorialstructure in order to achieve autonomy or independence. Separatism poses a direct threat to national security,encroaches on the territorial integrity and sovereignty of the state, violates the principles of geopoliticalsecurity, and the international prestige of the country as a subject of international relations. Prerequisites forseparatism are periods of socio-cultural and political transformation of the country, the weakening of statepower, the presence of ethnic and religious conflicts, the geographical isolation of the region, the absenceof a common civic identity, the support of foreign allies of separatism, the “export of separatism”, the creationof an extensive system of agents of influence, etc. Types of separatism are ethnic, value, criminal, regional,religious, territorial separatism, secession, irredentism, separatism aimed at gaining greater autonomy withinthe state. According to regional characteristics, separatism is divided into Western European, Eastern European,Islamic, Asian, African, and American. The negative consequences of separatism are the loss of control of the stategovernment over part of the territory, armed confrontations and victims among the civilian population, civiland interstate wars, socio-economic upheavals and revolutions, the creation and activity of radical partiesand terrorist organizations, the creation of quasi-states, encroachments on national and regional securityetc. Overcoming regional separatism is possible under the condition of developing a strategy to counter itand taking a number of measures in the political, economic, ethno-cultural, religious and linguistic spheres.
PROBLEMS OF THE CONSTITUTIONAL REFORM IN UKRAINE UNDER THE CONDITIONS OF MARTIAL LAW
The Constitution is the Basic Law of state, as it regulates the vital activities of state and society, the most important social relations related to the exercise of state power, which determine the legal position of a person and a citizen, the foundations of constitutional system, the form of state government, the political regime, the territorial structure, the system of state authorities and local self-government, the order of their formation. It should be noted that recently in Ukraine there has been an increase in the process of divergence between what is de facto and what is enshrined de jure. This indicates the expediency of carrying out qualitative reforms and updating the current legislation, since real political relations and processes do not correspond to what is enshrined in the Constitution of Ukraine, and proper supervision of these processes is not observed. This leads to the fact that the Basic Law is often violated, despite the fact that independent Ukraine has already undergone several constitutional reforms and even changed the form of state government. In connection with this, the question arises about the need to study the problems of constitutional reform during martial law. Purpose. To reveal the expediency of constitutional reform in Ukraine in the conditions of martial law. Methods. During writing of the article, philosophical and worldview, general scientific and special methods were used. The historical, sociological, system analysis, formal-legal, comparative-legal and other methods were clearly traced. Results. The article examines the problems of developing scientific approaches and implementing constitutional reform in Ukraine in the conditions of a full-scale invasion of rf. Internal and external factors that directly influence the implementation of proper constitutional reform are analyzed and highlighted. Conclusions. The constitutional reform is a complex and multifaceted process that requires scientific developments, coordination, scientific discussions, preliminary planning, comparative research with other countries, law-making work, as well as real implementation in a short period of time.
SECTION 1 CONSTITUTIONAL LAW; MUNICIPAL LAW
CRIMINOLOGY CHARACTERISTICS OF A WOMAN SUSPECTED OF COMMITTING COLLABORATIVE ACTIVITIES
Purpose. The aim of the article is to study the peculiarities of the criminological characteristics of a woman who is suspected of committing collaborative activities. Methods. In order to achieve the declared goal and obtain the proper research results, the following set of methods was used: logical-legal method, comparative-legal method, system-functional method, normative-dogmatic method, method of statistical analysis, etc. Results and conclusions. Criminological characteristics of a woman who is suspected of committing collaborative activity includes such elements as: signs, determinants that influence the decision to become a collaborator, motives and other factors that shape her criminal behavior. The criminological portrait of a woman who is suspected of committing collaborative activity consists of the following – she is a citizen of Ukraine aged 29–54 with a higher, basic or specialized secondary education, capable of working, in most cases does not work, has no previous criminal record, who commits collaborative activity for ideological and/or selfish motives or under the influence of socio-economic factors or physical and moral coercion. Understanding the constituent elements of the criminological portrait of a woman who is suspected of committing collaborative activities will contribute to the formation of a mechanism for preventing such types of criminal offenses by developing and implementing programs to prevent collaborative activities (including educational programs aimed at increasing women’s awareness of the risks and consequences of collaboration, programs rehabilitation and resocialization of female collaborators). Also, the study of the criminological characteristics of female collaborators enriches criminological science and contributes to the development of gender studies in criminology, which can be used by law enforcement agencies, social services and non-governmental organizations in order to develop and implement effective measures to counter collaborative activities, etc.
USE OF ARTIFICIAL INTELLIGENCE AND INFORMATION OPPORTUNITIES IN CREATING A PROFILE OF A CRIMINAL
The purpose of the article is to carry out the historical development of the formation of the psychological, criminological and forensic profile of the criminal, to analyze the possibilities of using artificial intelligence in the formation of the profile of the offender in modern conditions. A generalization is made and the positive and negative consequences of the use of artificial intelligence (AI) are given, and the possible risks of forensic profiling are indicated. Methods. The methods used in the work made it possible to fully achieve the set goal. The basis was such methods as logical-structural, which made it possible to present the scientific material logically and consistently, historically comparative, which made it possible to single out in chronological order the development of the affected issues, such methods as analysis, synthesis, and the method of logical generalization were also used. The results. The scientific work is devoted to methods of profiling criminals using artificial intelligence (AI). The main attention is paid to forensic and psychological aspects, which are used to create a psychological portrait of a criminal. The stages of the analysis are described, including the assessment of the crime scene, the suspect’s behavioral and social characteristics, his motives, and possible mental disorders. The paper also examines the historical development of profiling, from the work of Cesare Lombroso and Hans Gross to modern advances such as suspect interviewing and geographic analysis. Considerable attention is paid to the work of specialist practitioners, Robert Ressler, an outstanding FBI profiler who worked together with John Douglas. The works of David Kanter, a psychologist, the founder of the so-called "investment psychology", are analyzed. His research involves the use of psychological methods for criminal profiling, including spatial analysis of criminal behavior at crime scenes. Special emphasis is placed on the use of artificial intelligence (AI), which helps analyze large data sets, predict likely crime scenes and identify psychological traits of suspects. Thus, the work highlights the significant potential of profiling for prompt investigation of crimes and faster identification of suspects. Conclusions. Іnvestigators should use artificial intelligence (AI) capabilities only as a supporting tool and make final decisions on their own. The use of artificial intelligence (AI) in forensic profiling can significantly improve the ability of law enforcement agencies to work efficiently and accurately at various stages of criminal proceedings, even in the process of preparing and conducting individual investigative actions, especially interrogation, investigative experiment and other covert investigative (detective) investigative actions. Using the capabilities of artificial intelligence (AI) requires a responsible and careful approach. Therefore, compiling a profile of an offender will help to narrow down the circle of suspects, will create opportunities for the investigative body to obtain important theories about the motives and nature of the criminal, which can significantly speed up the investigation.
CURRENT DIRECT VICTORY OF ELECTRONIC INFORMATION SYSTEMS IN THE MINDS OF THE MILITARY STAN
The article is devoted to the study of the current state and prospects of using electronic information systemsin the investigation of war crimes and military offenses during martial law. The relevance of the topic is driven by practical needs, as the number of war crimes and military offenses has significantly increased, as evidencedby the data from the Unified Register of Pre-Trial Investigations. Additionally, there is an urgent necessity foreffective investigations and bringing perpetrators to justice. Furthermore, these types of criminal offensesattract high public interest.Objective. The purpose of this article is to conduct a comprehensive analysis of the current state of electronicinformation systems and the prospects for their application in the effective investigation of war crimes underthe conditions of martial law.Methods. To obtain reliable results, the study used the following methods: the logical-structural method,which allowed for a logical and sequential presentation of scientific material; induction and deduction;formal-logical methods; as well as analysis and synthesis, which made it possible to generalize the findingsof previous studies. The comparative legal method was applied to develop and clarify specific concepts, whilethe method of logical generalization was used to formulate conclusions.Results. The author explores the definition of the category of “war crimes”, analyzes the current stateof electronic information systems used by investigative bodies for war crimes investigations, and highlightspromising areas for the potential use of digital tools in such investigations.The article concludes that electronic information systems are actively utilized in the investigation of warcrimes, particularly for collecting and storing evidence, searching for and systematizing information, and draftingprocedural documents. Additionally, the author suggests expanding the scope of electronic information systems,particularly through the application of cloud storage technologies, facial or voice recognition systems, remotecommunication between pre-trial investigation bodies, courts, and international institutions, as well asthe systematization and indexing of evidence and the collection of information from open sources.
ORGANIZED ENVIRONMENTAL CRIME AND WAR CRIMES AGAINST THE ENVIRONMENT: CONTEMPORARY CHALLENGES AND LEGAL RESPONSE MECHANISMS
Objective. The study aims to analyze organized environmental crime and war crimes against the environment, identify major threats to environmental security, assess the effectiveness of legal countermeasures, and justify the need for legislative improvements. Methods. General scientific and specialized legal methods were used: analysis and synthesis – to identify threats; comparative legal method – to examine international experience; statistical analysis – to assess crime trends; criminological method – to study the mechanisms of organized groups operating in the field of natural resource use. Results. It has been established that organized environmental crime adapts to legislative changes and utilizes corruption mechanisms. Illegal logging leads to ecosystem degradation and climate change. The study of international experience confirmed the effectiveness of control mechanisms for the origin of natural resources, particularly the Lacey Act (USA) and EU Regulation No. 995/2010. War crimes against the environment resulting from Russia’s armed aggression include ecosystem destruction, landmining, and water and air pollution. The most severe environmental damage was caused by the destruction of the Kakhovka Hydroelectric Power Plant. The study proposes legislative harmonization, the implementation of the concept of “ecocide” in international law, and the strengthening of anti-corruption measures. Conclusions. Environmental crime poses a threat to global security. The war in Ukraine has highlighted the need to improve international mechanisms for holding perpetrators accountable for ecocide. The further effectiveness of countermeasures will depend on legal harmonization, stricter criminal liability, enhanced international cooperation, and environmental rehabilitation mechanisms.
SECTION 4 CRIMINAL LAW AND CRIMINOLOGY; PENAL LAW