Topical issues of law: theory and practice
https://journals.snu.edu.ua/index.php/app
<p>Dear colleges!</p> <p>Welcome to the web-site of the scientific collected book «Topical issues of law: theory and practice».</p> <p>The collected book of scientific works “Topical issues of law: theory and practice” was founded in 2000.</p> <p><strong>It is published</strong> by Volodymyr Dahl East Ukrainian National University since November 2000.</p> <p><strong>Certificate of Registration of the Printed Mass Information</strong>: series КВ № 15362-3934Р of 05.06.2009.</p> <p>The collected book is included in the <strong>List of Scientific Professional Publications of Ukraine</strong> (re-registration: Order of the Ministry of Education and Science of Ukraine № 1471 of 26.11.2020).</p> <p>The collected book of scientific works “Topical issues of law: theory and practice” is registered in the International Center ISSN (France, Paris), it is assigned the international scientific serial number <strong>ISSN 2218-5461</strong> (print), <strong>2412-4397</strong> (online).</p> <p>The collected book of scientific works “Topical issues of law: theory and practice” is included in the International Scientometric Database "Index Copernicus International" (Poland). Access Mode: <a href="http://journals.indexcopernicus.com/">http://journals.indexcopernicus.com/</a></p> <p>ICV 2024 = 75,75</p> <p>The scientific journal “Topical issues of law: theory and practice” is in the Register of Scientific Professional Publications of Ukraine.</p> <p>It is <strong>available</strong> on the web-site of Vernadsky National Library as: “Topical issues of law: theory and practice”.</p> <p><strong>Publication frequency</strong>: the journal is published <strong>twice a year</strong>.</p> <p><strong>Thematic scope</strong>: publication of scientific articles on theoretical and applied problems of law.</p> <p><strong>Language of publishing</strong>: Ukrainian, English. </p> <p><strong>Publication policy:</strong> the collection of scientific works "Topical issues of law: theory and practice" aims to highlight theoretical and practical issues of the development of the national legal system on the basis of the rule of law in the conditions of the intensification of Ukraine's European aspirations, methodological and applied problems of modern jurisprudence and the experience of implementing the legal mechanism protection of human rights and reform of the current legislation.</p> <p>The main tasks of publications are to promote the development of domestic scientific potential, publish the main scientific results of dissertations by degree holders and researches of applicants for the award of scientific titles, create conditions for high-quality public communication of scientists on the basis of academic integrity, etc.</p> <p><strong>The editors support</strong> the Budapest Open Access Initiative, which promotes the accelerated development of science, and according to the principles of which the entire content of the collection is freely accessible and free of charge to the user or his institution. Users are guaranteed the ability to freely read, download, copy, distribute, print, search and link to the full texts of articles in the magazine " Topical issues of law: theory and practice ".</p> <p>Figures, tables and short quotations from the journal can be published in scientific books and journals free of charge, but the materials must be indicated accordingly (for example: author, title of the article, " Topical issues of law: theory and practice", year of publication, volume number , page number, figure number, and DOI for the article if provided).</p> <p>Reprinting, systematic reproduction or collective redistribution of any material from the journal " Topical issues of law: theory and practice " is permitted only with the consent of the journal editors.</p> <p>The official site of the scientific collection " Topical issues of law: theory and practice " is built on the Open Journal Systems.</p>Східноукраїнський національний університет імені Володимира Даляuk-UATopical issues of law: theory and practice2218-5461LEGAL SUPPORT FOR THE ECONOMY OF UKRAINE IN TIMES OF WAR FROM THE PERSPECTIVE OF EUROPEAN INTEGRATION AND INTERNATIONAL COOPERATION (SOME ASPECTS)
https://journals.snu.edu.ua/index.php/app/article/view/1132
<p>The article is devoted to the implementation of<br>the state's economic and legal policy in the conditions<br>of a full-scale war against Ukraine launched by the<br>Russian aggressor, taking into account the European<br>integration component. The emphasis is on the legal<br>provision of the economic security of Ukraine and<br>friendly countries as a component of their national<br>security in the conditions of existing and potential<br>military threats. Analyzing the current situation in<br>Ukraine and the EU, the most painful problems that<br>require urgent solutions are revealed in order to<br>provide real opportunities to repel aggressors,<br>preserve and strengthen the economic potential of<br>Ukraine and friendly peace-loving countries as the<br>material basis for the functioning of a democratic<br>society. This applies to both the strategic goals of the<br>state in the economic sphere, and to protecting<br>economic competition from the arbitrariness of digital<br>giants, and to strategic investment with the<br>participation of friendly states and business in the<br>perspective of the post-war reconstruction of Ukraine.<br>In connection with the cancellation of the<br>Economic Code of Ukraine, which is due to take place<br>soon, the problem of filling the gaps in economic<br>legislation related to this arises. Therefore, it is<br>proposed to define in the law, which should become a<br>key act of economic legislation, the legal principles of<br>state economic policy, determine the strategic goals of<br>the state in the sphere of economy, as well as the range<br>of subjects, objects, contracts, sanctions/measures of<br>responsibility and legal regimes of management with<br>reference to the relevant acts of legislation. This<br>should save efforts on developing a new code (instead<br>of the Economic Code) and avoid the problem of<br>introducing changes and additions to it, due to the<br>improvement of the provisions of the above acts in<br>view of the emergence of new economic relations and/or significant changes in existing ones.</p> <p><strong>Keywords:</strong> modern economy; legal support; strategic goals; European integration; international cooperation; improvement of legal regulation.</p>O.M. Vinnyk
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2025-09-122025-09-1250112110.33216/2218-5461/2025-50-2-11-21LICENSING OF ECONOMIC ACTIVITY AS A SPECIAL SUBJECT OF ECONOMIC AND LEGAL REGULATION
https://journals.snu.edu.ua/index.php/app/article/view/1133
<p>The article elucidates the substance of licensing<br>as a distinctive object of economic-law regulation in<br>Ukraine. It demonstrates that the licensing of<br>economic activity constitutes an integral component of<br>the economic-law framework: in both form and<br>content it is shaped by the overarching objectives,<br>functions, and methods through which economic<br>processes and entrepreneurial activity are governed.<br>By means of licensing, the state secures a stable<br>economic order that reconciles freedom of enterprise<br>with economic security, the rule of law, and the predictability of market behaviour. The licensing regime enables legitimate state influence over business entities: it establishes a clear legal perimeter within which specified activities (those deemed to<br>warrant additional scrutiny) may be performed; it<br>facilitates continuous monitoring to ensure that<br>licensed operations meet prescribed standards of<br>quality, reliability, and safety; and it upholds socially<br>significant benchmarks by permitting market<br>participation only to entities that satisfy statutory<br>criteria. The significance of licensing is therefore<br>objectified in its capacity to guarantee that<br>entrepreneurial freedom is realised within an orderly,<br>foreseeable, and socially oriented legal environment –<br>an outcome wholly consistent with the normative aim<br>of economic law, namely the creation of a stable and<br>equitable economic order. This importance is<br>reinforced by the functions the institution performs: it<br>regulates and stabilises market relations, harmonises<br>the interests of the state and private actors, safeguards<br>rights, and exercises a preventive influence against<br>malpractice. Notably, the legal regulation of business<br>licensing relies upon the dual methodological toolkit<br>of economic law, combining imperative norms with<br>dispositive mechanisms to balance state oversight and<br>entrepreneurial autonomy. The article concludes that<br>the legislative provisions governing licensing occupy<br>a pivotal position within the corpus of Ukraine’s<br>economic legislation, underpinning both the<br>coherence of the legal system and the resilience of the national economy.</p> <p><strong>Keywords:</strong> economic order, economic security, economic-law influence, fair competition, legal regulation, licensing of business activities, scope of economic law.</p>O.V. Berezhnyi
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2025-09-122025-09-1250223210.33216/2218-5461/2025-50-2-22-32FEATURES OF PASSING THE PUBLIC SERVICE IN THE MODERN PERIOD OF STATE-BUILDING (ANALYSIS OF SERVICE-LABOR RELATIONS)
https://journals.snu.edu.ua/index.php/app/article/view/1134
<p>The article provides a comprehensive study of<br>the peculiarities of public service in the modern period<br>of the State-building based on the analysis of scientific<br>works by leading legal scholars and specialists in the<br>field of public administration. In the structure of the<br>mechanism of the State as an integral, hierarchical<br>and dynamic system, a special role is played by the<br>State apparatus as a carrier of State power. One of the<br>characteristic features of the state apparatus is its<br>staff, which is formed by civil servants engaged in<br>management on a professional basis, but with certain<br>specifics of their legal status. The development of our<br>state during martial law and the post-war period will<br>largely depend on the efficiency of the state apparatus,<br>on the professionalism, honesty, competence,<br>responsibility and zero tolerance to corruption of civil<br>servants. This has led to the relevance of studying the<br>specifics of civil service in the modern period of statebuilding.<br>The purpose of the article is to study the<br>specifics of the civil service in Ukraine in the modern<br>period of state-building. Since the civil service is an<br>integral attribute of the State power and, therefore, of<br>the State, the article provides a historical analysis of<br>the legislative regulation of the civil service in<br>different periods of formation of our Statehood and,<br>based on scientific works, identifies the periods of<br>development of the civil service and the stages of<br>development of the civil service in Ukraine during the<br>period of independence: 1) in 1993-1999, the<br>foundations for the development of the modern civil<br>service were created; 2) in 2000-2004, the directions<br>of reform and further development of the civil service<br>were determined, and a scientific program for<br>researching the development of the civil service was<br>launched; 3) since 2005, the implementation of the<br>Civil Service Development Program for 2005-2010<br>continued, measures were taken to adapt the civil<br>service to the principles of organization of the<br>European Administrative Area; 4) from 2011-2015,<br>the Law of Ukraine “On Civil Service” of 10.12.2015<br>was adopted; 5) from 2015 - 24. 02.2022 is<br>characterized by significant changes caused by the<br>reform of the civil service, the adoption of the new<br>Strategy for Reforming Public Administration of<br>Ukraine for 2022-2025; 6) from February 24, 2022 -<br>the present - the stage of functioning of the civil<br>service under martial law.<br>The status of such a subject of service and labor<br>relations as a civil servant is ensured by a set of<br>interrelated laws and bylaws, which create<br>organizational and legal grounds for the proper<br>implementation and effective protection of their labor<br>rights by civil servants as employees in the course of<br>service and labor activities in a particular state body.<br>And this feature of the legal status of a civil servant is<br>enshrined, first of all, in the process of recruitment to<br>the civil service, which includes special conditions<br>regarding citizenship, education, establishment of<br>certain restrictions and prohibitions, requirements for<br>professional competence, probation, oath and, in some cases, peculiarities of contracting.</p> <p><strong>Keywords:</strong> state apparatus, state-building, labor relations, labor rights, civil service, legal regulation, labor, principles, legal status.</p>O. Valetska
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2025-09-122025-09-1250334510.33216/2218-5461/2025-50-2-33-45SAFEGUARDING HUMAN RIGHTS DURING THE ENTRY OF INFORMATION INTO THE UNIFIED REGISTER OF PRE-TRIAL INVESTIGATIONS
https://journals.snu.edu.ua/index.php/app/article/view/1135
<p>The article examines the processes of creation<br>and functioning of the Unified Register of Pre-trial<br>Investigations (hereinafter - the URPTI). Based on the<br>analysis of the practice of its application, the author<br>outlines both positive aspects and factors which may<br>have a negative impact on the course of criminal<br>proceedings, in particular, on the initial stage of pretrial<br>investigation. The study examines the history of<br>the URPTI, analyses the state of research on this issue<br>by Ukrainian scholars, and summarises the case law<br>on these issues. The author identifies a number of<br>problematic aspects of the functioning of the URPTI,<br>in particular, conflicts between the Criminal<br>Procedure Code of Ukraine (hereinafter - the CPC of<br>Ukraine) and other laws of Ukraine. The author<br>reveals the problematic issues related to the<br>processing of anonymous reports, the legal nature of<br>minor acts, registration of crimes committed by a<br>specific individual or legal entity, as well as the use of<br>the URPTI during martial law and military<br>operations. The author proposes to introduce<br>artificial intelligence technologies to optimise the<br>functioning of the URPTI. The author emphasises the<br>need to harmonise the provisions of the CPC of<br>Ukraine with international legal standards, in<br>particular, the International Covenant on Civil and<br>Political Rights and the norms of European law, in<br>order to ensure the rule of law and procedural equality of the parties in criminal proceedings.</p> <p><strong>Key words:</strong> Criminal procedure code of Ukraine, Unified register of pre-trial investigations, right to defence, law enforcement agencies, information.</p>H. HrytsenkoM. Bespalov
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2025-09-122025-09-1250466110.33216/2218-5461/2025-50-2-46-61TAX ETHICS AND LEGAL MECHANISMS: WAYS TO EFFECTIVELY COMBAT TAX EVASION IN UKRAINE
https://journals.snu.edu.ua/index.php/app/article/view/1136
<p>The article is devoted to analysing the<br>relationship between tax ethics and legal mechanisms<br>for combating tax evasion in Ukraine, as key factors<br>determining the efficiency of the tax system in the<br>current socio-economic context. At the centre of the<br>study are the theoretical and methodological<br>foundations of tax ethics, factors influencing its<br>formation, as well as the regulatory framework and<br>organisational structure of state policy concerning the<br>detection and prevention of tax offences. The article<br>substantiates the thesis that a high level of tax culture<br>of the population not only promotes voluntary<br>fulfilment of tax obligations, but also significantly<br>affects the effectiveness of law enforcement, reduces<br>public tolerance to offences in this area and<br>strengthens the authority of state institutions.<br>It is emphasised that the isolated application of<br>punitive mechanisms, without due attention to<br>formulating the ethical foundation of tax relations, is<br>ineffective and even counterproductive, as it fails to<br>ensure sustainable outcomes. Tax ethics is viewed as a<br>complex phenomenon shaped by historical, cultural,<br>social and economic prerequisites, which requires a<br>targeted state policy in the field of education, public<br>awareness, and the creation of transparent and fair conditions for fulfilling tax obligations.</p> <p>Attention is drawn to the fact that the current<br>system for combating tax offences in Ukraine faces a<br>number of significant challenges. These include legal<br>fragmentation, excessive complexity of legislation,<br>lack of consistent court practice in cases of tax crimes,<br>and limited institutional capacity of the controlling<br>authorities. An important aspect is the presence of<br>internal corruption in the tax system itself, which<br>undermines taxpayers' trust in the state and offsets the<br>potential of even effectively written legislative norms.<br>The importance of introducing digital technologies,<br>such as e-audit, big data analytics, and automated risk<br>management systems, as tools to increase<br>transparency and reduce the subjective factor in tax<br>administration is also emphasised.<br>The need is noted to reform not only the legal<br>framework but also the managerial approaches to<br>shaping the relationship between the state and the<br>taxpayer. In this context, the experience of countries<br>with a high level of tax discipline (in particular, Scandinavian countries, Germany, and Canada)<br>demonstrates the effectiveness of the ‘soft<br>enforcement’ model, which combines elements of<br>service orientation, partnership, and moral<br>responsibility. Such a model can be adapted to the<br>Ukrainian context, provided that there is<br>comprehensive institutional reform, political will and<br>sustained cross-sectoral dialogue.<br>It is substantiated that only a harmonious<br>combination of legal, organisational, and<br>informational-educational measures can ensure a<br>genuine reduction in the level of tax evasion. A<br>comprehensive model for counteracting tax offences is<br>proposed, which includes the improvement of<br>legislation, the digitalisation of fiscal control, the<br>enhancement of professional integrity and efficiency<br>of supervisory bodies, as well as the cultivation of a<br>high level of tax awareness within society. It is<br>emphasised that reducing fiscal pressure on<br>businesses, enhancing budgetary transparency, and<br>promoting voluntary tax compliance are key<br>conditions for building a long-term effective tax<br>system. In conclusion, the article presents a holistic<br>vision of tax policy as a synthesis of ethical values and<br>legal standards within the context of building a financially stable and socially responsible state.</p> <p><strong>Keywords:</strong> tax ethics, tax evasion, tax culture, legal mechanisms, tax legislation, fiscal discipline, tax control.</p>V. Horielova
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2025-09-122025-09-1250627110.33216/2218-5461/2025-50-2-62-71INSTITUTIONAL SYSTEM FOR THE PROTECTION OF THE RIGHT TO WORK: INTERNATIONAL EXPERIENCE, CONSTITUTIONAL PRINCIPLES AND PRACTICAL IMPLEMENTATION
https://journals.snu.edu.ua/index.php/app/article/view/1137
<p>The right to work is one of the basic socioeconomic<br>human rights enshrined in the constitutions<br>of most modern states. Effective protection of this right<br>requires the creation of a comprehensive institutional<br>system that should ensure not only the declarative<br>proclamation of labor rights, but also their real<br>guarantee through a set of legal, organizational and<br>procedural mechanisms.<br>The institutional system of protection of the right<br>to work is a multi-level structure that includes<br>constitutional foundations, specialized labor<br>legislation, the judicial system, administrative bodies<br>and alternative methods of resolving labor disputes.<br>The theoretical justification of this system is based on<br>the principles of constitutionalism, the concept of a<br>legal state and the doctrine of social rights, which<br>determines methodological approaches to analyzing<br>the effectiveness of institutional mechanisms.<br>The constitutional theory of labor rights<br>protection is based on the recognition of labor as the<br>basis of human and society's life, which necessitates<br>the creation of state guarantees of labor rights of<br>citizens. The constitutional enshrining of the right to<br>work implies not only freedom of choice of profession<br>and type of activity, but also the obligation of the state<br>to provide conditions for the implementation of this<br>right, including protection from unemployment, the<br>creation of fair working conditions and social<br>protection of employees.</p> <p>The practical implementation of the institutional<br>system of labor rights protection faces a number of<br>challenges associated with the transformation of the<br>modern labor market, the development of nonstandard<br>forms of employment, the digitalization of<br>labor relations and the globalization of the economy.<br>These processes require the adaptation of existing<br>institutional mechanisms and the creation of new<br>instruments for the protection of labor rights that can<br>function effectively in changing socio-economic<br>conditions.<br>An analysis of foreign experience indicates a<br>variety of approaches to building institutional systems<br>for the protection of labor rights, which is due to<br>differences in legal traditions, economic models and<br>social systems. Comparative legal analysis allows<br>identifying the most effective practices and<br>mechanisms that can be adapted to national<br>conditions, taking into account the specifics of the<br>legal system and the socio-economic development of<br>the country.<br>Improving the institutional system for protecting<br>the right to work requires a comprehensive approach,<br>including modernizing the legal framework,<br>strengthening institutional mechanisms, increasing<br>the efficiency of law enforcement practice, and<br>developing alternative means of protecting labor<br>rights. Particular attention should be paid to the creation of preventive protection mechanisms, the development of social partnership, and the formation of a culture of respect for labor rights in society, which will contribute to a more effective implementation of constitutional principles in the field of labor relations.</p> <p><strong>Keywords:</strong> right to work, institutional system of protection, constitutional theory, labor rights, legal guarantees, socio-economic rights, labor legislation, judicial protection, administrative mechanisms, alternative dispute resolution methods, rule of law, social partnership, labor relations, state employment guarantees, unemployment protection, working conditions.</p>O.V. Hrebenar
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2025-09-122025-09-1250728410.33216/2218-5461/2025-50-2-72-84PROBLEM ASPECTS OF OCCUPATIONAL SAFETY REGULATION IN REMOTE EMPLOYMENT: NATIONAL LEGISLATION AND EU EXPERIENCE
https://journals.snu.edu.ua/index.php/app/article/view/1138
<p>The article examines challenges of occupational<br>safety and health (OSH) in remote employment in<br>Ukraine under conditions of martial law. It is<br>emphasised that since 2022 remote work has become<br>a stable practice; however, provisions of the Labour<br>Code of Ukraine and the Law of Ukraine “On<br>Occupational Safety” effectively shift responsibility<br>for a safe workplace to the employee and do not<br>establish mechanisms for employer-led risk assessment and control. The neglect of psychosocial<br>factors (stress, burnout) creates a legal vacuum and a<br>gap with EU standards.<br>The author analyses domestic norms and legal<br>doctrine and compares them with the EU Framework<br>Agreement on Telework (2002) and its implementation<br>in EU Member States (France, Spain, Germany).<br>Examples of foreign solutions that enhance the safety<br>of remote workers are provided: the presumption of<br>the occupational nature of accidents occurring during<br>telework (France); mandatory risk assessment with<br>the possibility of self-assessment subject to the<br>worker’s consent (Spain); the extension of general<br>OSH rules to home workplaces and the distinction<br>between telework and mobile work (Germany).<br>The advantages of the European model—<br>prioritising employer duties—are outlined: systematic<br>risk management, provision of equipment and<br>coverage of related costs, the introduction of the<br>“right to disconnect”, and measures to prevent worker<br>isolation.<br>Based on comparative analysis, the article<br>concludes that the Ukrainian approach is limited: it<br>minimises employer involvement, does not regulate<br>the classification of accidents, and lacks tools for<br>preventing psychosocial risks. It is established that<br>current legislation requires harmonisation with EU<br>standards.<br>The author substantiates the expediency of:<br>enshrining the employer’s duty to ensure safe working<br>conditions regardless of the place of work; introducing<br>initial and periodic risk assessment (including selfassessment<br>checklists); and improving the procedure<br>for investigating accidents, taking into account<br>European approaches, inter alia.<br>The conclusions stress that implementing the<br>proposed changes will reduce injuries and burnout,<br>enhance legal certainty for business, and promote the European integration of Ukraine’s labour legislation.</p> <p><strong>Keywords:</strong> remote work; telework; occupational safety and health; employment contract; international standards; labour legislation; labour relations; martial law; harmonisation.</p>Yu. Ivchuk
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2025-09-122025-09-1250859410.33216/2218-5461/2025-50-2-85-94COMPARATIVE LEGAL ANALYSIS OF CRIMINAL LIABILITY FOR DOMESTIC VIOLENCE IN UKRAINE AND ABROAD
https://journals.snu.edu.ua/index.php/app/article/view/1140
<p>The article is devoted to a comprehensive<br>analysis of criminal liability for domestic violence in<br>Ukraine in the context of recent legislative changes<br>and international legal standards. It examines the<br>genesis of legal regulation of domestic violence,<br>including the adoption of Article 126-1 of the Criminal<br>Code of Ukraine, which establishes criminal liability<br>for systematic physical, psychological, and economic<br>abuse within family or close relationships. The<br>influence of Ukraine’s international obligations,<br>particularly the provisions of the Istanbul Convention,<br>on the criminalization of domestic violence and the<br>development of national legislation is analyzed in<br>detail. Attention is paid to the correlation between<br>criminal and administrative measures for responding<br>to cases of domestic violence, with the main problems<br>of law enforcement practice identified, especially<br>regarding the proof of systematic abusive behavior.<br>The article also presents a comparative legal<br>analysis of approaches to criminal liability for<br>domestic violence in a number of foreign countries,<br>including the USA, Canada, France, Germany, Spain,<br>Sweden, and Norway. Special attention is given to the<br>study of legislative models, the role of protective<br>orders, rehabilitation programs for offenders, and<br>mechanisms for protecting victims. Both the positive<br>aspects of international experience and the potential<br>risks of its direct application in Ukraine’s context are<br>highlighted.<br>Based on the conducted research, the article<br>proposes directions for improving criminal law<br>mechanisms for combating domestic violence in<br>Ukraine, including clarifying the definition of the crime, enhancing the effectiveness of protective measures, increasing criminal penalties, and developing a comprehensive system of social support for victims. The necessity of ensuring systematic scientific support for reforms in the field of combating domestic violence and actively applying positive international practices, taking into account national specifics, is substantiated.</p> <p><strong>Keywords:</strong> domestic violence; foreign experience; legislation; international standards; law enforcement; criminal liability; Article 126-1 of the Criminal Code of Ukraine; Istanbul Convention.</p>O.A. Kanskyі
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2025-09-122025-09-12509510510.33216/2218-5461/2025-50-2-95-105MECHANISM FOR COUNTERING AND PREVENTING MOBING IN UKRAINE: AMENDMENTS TO LABOR LEGISLATION THAT PROVIDE EFFECTIVE AND EFFECTIVE PROTECTION OF EMPLOYEES' RIGHTS
https://journals.snu.edu.ua/index.php/app/article/view/1141
<p>The article examines the mechanism of<br>combating and preventing mobbing, identifying its<br>individual elements in order to ensure effective and<br>efficient protection of employees' rights. The author<br>emphasizes that the pro-European development<br>strategy of Ukraine necessitates the harmonization of<br>labor legislation with European standards, which<br>includes, in particular, ensuring a favorable<br>psychological environment in the workplace. An<br>important component of this process is legislative<br>regulation and practical counteraction to mobbing,<br>which is becoming widespread in Ukrainian labor<br>collectives. Official statistics of the State Labor<br>Service confirm the increase in the number of appeals<br>regarding cases of harassment in the workplace,<br>which indicates serious threats to both the physical<br>and mental health of employees and the efficiency of<br>production processes. The consequences of mobbing<br>are a decrease in labor productivity, an increase in the<br>level of staff turnover, and a negative impact on the<br>economic performance of enterprises. It is emphasized<br>that the recognition of the need to create a safe<br>psychological climate in labor collectives has become<br>a key stage in the development of labor legislation<br>focused on European standards. Particular attention<br>is paid to the introduction of the definition of<br>“mobbing” into the Labor Code of Ukraine and the<br>consolidation of state legal guarantees for the legal<br>protection of employees from psychological and<br>economic pressure. It is substantiated that mobbing is<br>a type of discrimination, but has specific features, in<br>particular, the systematicity, duration and<br>purposefulness of actions aimed at degrading the<br>dignity and violating the personal non-property rights<br>of the employee. The conclusion is made about the<br>importance of state legal guarantees as the foundation<br>for the protection of human rights, especially in the<br>context of modern challenges associated with social<br>transformations and armed aggression against<br>Ukraine. It is emphasized that the adaptation of<br>Ukrainian labor legislation to European standards not<br>only ensures the protection of the honor, dignity and<br>business reputation of employees, but also strengthens<br>the rule of law and citizens’ trust in state institutions.<br>Legislative regulation and practical counteraction to<br>mobbing have become an important stage in the<br>development of Ukrainian labor law, oriented towards<br>European standards. The definition of mobbing in the<br>Labor Code of Ukraine, the consolidation of its<br>definition, forms of manifestation and measures of<br>responsibility create the basis for the formation of an effective mechanism for protecting employees from<br>psychological and economic pressure. A three-tiered<br>system of guarantees has been introduced: preventive<br>measures, response tools in the process of labor<br>relations and means of restoring rights after their<br>violation - all of them provide a comprehensive nature<br>of legal protection. Such an approach not only contributes to the creation of a safe and favorable psychological climate in teams, but also strengthens the rule of law, citizens' trust in state institutions and social stability in society.</p> <p><strong>Keywords:</strong> mobbing, labor relations, employee, employer, honor, dignity, business reputation, psychological pressure, economic pressure, court decision.</p>O.O. Kovalenko
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2025-09-122025-09-125010611710.33216/2218-5461/2025-50-2-106-117ENSURING FAIR WORKING CONDITIONS AND PROTECTING EMPLOYEES’ RIGHTS IN THE DIGITAL ERA: LEGISLATIVE INITIATIVES AND JUDICIAL PRACTICE
https://journals.snu.edu.ua/index.php/app/article/view/1142
<p>The article examines the legal regulation and<br>protection of labor rights amid digital transformation,<br>analyzed through the lens of legislative initiatives and<br>judicial practice. The author highlights the<br>interdisciplinary nature of this issue and the need for<br>systematic, forward-looking legislative reform. The<br>study notes that the adaptation of legislation to<br>technological changes is slow, resulting in a “digital<br>divide” and heightened risk zones for employees.<br>Particular focus is given to protecting the rights of gig<br>employees, especially concerning algorithmic<br>management and misclassification. Internationally,<br>the International Labour Organization (ILO) and<br>European legislation, notably the Platform Work<br>Directive, play a pivotal role. Despite significant<br>progress in digitalization, Ukrainian legislation still<br>requires enhancement to strengthen employees’ labor<br>rights protection. Analysis of judicial practice in<br>Ukraine and the European Court of Human Rights<br>(ECHR) reveals a trend toward safeguarding<br>employees’ rights, particularly regarding the legality of remote work and personal data confidentiality. However, challenges persist, including limitations in the authority of supervisory bodies. The article underscores that ensuring decent work in the digital era is a fundamental legal task, reflecting the quality of public policy and the maturity of a state’s legal system, necessitating comprehensive labor law reform.</p> <p><strong>Keywords:</strong> digitalization, digital economy, digital platforms, labor rights, rights protection, labor relations, remote work, digital environment, employees, legal regulation, legislative improvement, judicial practice, labor market.</p>I.Yu. Kotliarova
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2025-09-122025-09-125011813310.33216/2218-5461/2025-50-2-118-133DIGITAL TRANSFORMATION OF THE LABOR MARKET: KEY SKILLS, COMPETENCIES, AND TRENDS IN EMPLOYEES' PROFESSIONAL DEVELOPMENT
https://journals.snu.edu.ua/index.php/app/article/view/1143
<p>The article analyzes the key skills, competencies,<br>and trends in the professional development of<br>employees in the context of modern digital<br>transformation. The authors emphasize that<br>digitalization fundamentally changes the labor<br>market, creating new challenges and opportunities. In<br>particular, it is highlighted that a successful "new type<br>of employee" must possess not only professional (hard<br>skills) but also flexible (soft skills), as well as digital,<br>cognitive, and socio-emotional skills. The transition<br>from the concept of "lifelong learning" to "career-long<br>learning" is underscored, indicating the necessity of<br>continuous professional development. Special<br>attention is devoted to the analysis of issues related to<br>legal regulation and motivation of employees'<br>professional development in Ukraine, as well as the<br>importance of supporting and reintegrating specific<br>social groups into the labor market, including<br>internally displaced persons (IDPs), migrants, and<br>war veterans. The conclusion is drawn that the<br>creation of adaptation programs providing necessary resources and support is a critical task for society and businesses, enabling veterans to successfully return to civilian life and contributing to the development of the national economy.</p> <p><strong>Keywords:</strong> digitalization, information and communication technologies (ICT), artificial intelligence (AI), employee, legal regulation, improvement of legislation, professional development, employer, labor law, labor rights of employees, labor relations, labor market, digital skills, digital transformation.</p>L.V. KotovaK.A. Sevostianova
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2025-09-122025-09-125013414510.33216/2218-5461/2025-50-2-134-145PROHIBITION OF DISCRIMINATION IN THE SYSTEM OF GUARANTEES OF ENSURING THE EMPLOYEE'S RIGHT TO DECENT WORK
https://journals.snu.edu.ua/index.php/app/article/view/1144
<p>The article analyzes the prohibition of<br>discrimination in terms of its role in the system of<br>guarantees ensuring the right of employees to decent<br>work. The relevance of the chosen topic is due to the<br>fact that the prohibition of discrimination is one of the<br>key guarantees for the realization of the right to work,<br>including the right of employees to decent work and<br>proper treatment by employers. At the same time, in<br>practice, compliance with the prohibition of<br>discrimination has a number of problems, in<br>particular: the complexity of establishing and proving<br>facts of discrimination; misunderstanding of the<br>content and limits of the prohibition of discrimination;<br>lack of established judicial practice in considering<br>cases of discrimination, etc. This makes it important<br>to study the role of the prohibition of discrimination in<br>the system of guarantees for the right of employees to<br>decent work.<br>The purpose of this scientific article is to clarify<br>the role of the prohibition of discrimination in the<br>system of guarantees ensuring the right of employees<br>to decent work, which will allow identifying gaps in<br>legal regulation and law enforcement, determining the<br>optimal ways to overcome them, and contributing to<br>the strengthening of labor relations in accordance<br>with international standards.<br>It is justified that the general prohibition of<br>discrimination established at the international and<br>national levels is one of the fundamental guarantees<br>of human rights and the principle of equality, which,<br>in turn, is a prerequisite for the sustainable<br>development of a democratic society based on the rule<br>of law and humanism. In the field of labor relations,<br>the realization of an individual's right to work largely<br>depends on compliance with the principle of equality<br>and the prohibition of discrimination.<br>It is argued that in the system of guarantees<br>ensuring the right of an employee to decent work, the<br>prohibition of discrimination plays a system-forming<br>role, ensuring, on the one hand, the subjective right of<br>the employee to equal and decent treatment by the<br>employer, and on the other hand, the implementation<br>of the concept of decent work as a common good,<br>rather than a privilege of certain categories of<br>employees.<br>At the same time, the prohibition of<br>discrimination in connection with the employee's right<br>to decent work does not acquire any specificity,<br>remaining one of the general principles of the right to<br>work as such. Violation of the prohibition of<br>discrimination in the field of labor will mean a<br>violation of both the right to decent work and the right<br>to work in general in the system of constitutional<br>rights and freedoms of the individual. At the same<br>time, the prohibition of discrimination has certain<br>limits, which are determined by the balance of<br>legitimate interests of the employee, employer, and<br>society.<br>It was concluded that systematic counteraction to discrimination in the field of labor requires further development of organizational and legal mechanisms focused on clarification, mediation, and establishing positive communication between employees and employers. Trade unions should play an important role in this.</p> <p><strong>Keywords:</strong> prohibition of discrimination, right to work, right to decent work, employee's right to decent treatment by the employer, legal guarantees, employee, employer, labor rights, labor obligations.</p>A.V. LapkinI.V. Zinovatna
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2025-09-122025-09-125014615710.33216/2218-5461/2025-50-2-146-157INTERNALLY DISPLACED PERSON AS A SUBJECT OF SOCIAL PROTECTION IN UKRAINE
https://journals.snu.edu.ua/index.php/app/article/view/1145
<p>The article examines the legislative and<br>scientific understanding of an internally displaced<br>person through the prism of identifying certain key<br>features that characterize this category of persons. It is concluded that an internally displaced person is a<br>new challenge for legislative and executive<br>authorities, since they require special attention from<br>the state in matters of their normal life, social<br>protection and social security. It is emphasized that<br>the problem of the appearance of internally displaced<br>persons has significantly affected the functioning of<br>society as a whole, since this category of persons<br>requires protection, and therefore appropriate<br>financial resources to meet their needs. It is noted that<br>our state in the first waves of mass displacement of<br>people from the combat zone was not fully prepared<br>for such a resettlement, which was expressed in the<br>lack of a coordinated policy between state authorities,<br>local governments, the people themselves, etc. Special<br>attention is paid to the fact that the concept of<br>"internally displaced person" although enshrined at<br>the level of the Law of Ukraine "On Ensuring the<br>Rights and Freedoms of Internally Displaced<br>Persons", however, the understanding of this category<br>of persons has not been fully disclosed and unified. At<br>the scientific level, there is also no unity in the<br>understanding of the specified concept, and the<br>positions of scientists are based on the allocation of<br>one or another feature that most fully characterizes a<br>person as internally displaced. In fact, this means that<br>in practice there may be a violation of the rights of<br>IDPs, failure to provide them with appropriate social<br>protection and security.<br>The key features of internally displaced persons<br>from the point of view of social protection subjects are:<br>1) they are special subjects of social protection from<br>the state; 2) this is a category of persons who need<br>special state social security from all spheres of public<br>life; 3) the need for social protection is associated with<br>the emergence of certain objective reasons and<br>problems that did not depend on the will and desire of<br>persons who are forced to relocate; 4) the status of an<br>internally displaced person as a subject of social<br>protection is not associated with Ukrainian<br>citizenship; 5) the duality of the legal status of<br>internally displaced persons; 6) the presence of rights<br>and obligations; 7) special procedures for<br>implementing certain actions for IDPs. The emphasis<br>is on the importance of further shaping state policy<br>towards IDPs, improving aspects of their social<br>protection and provision, understanding the<br>importance and timeliness of implementing actions regarding social support for IDPs.</p> <p><strong>Keywords:</strong> internally displaced person, social protection, state, state policy, social assistance.</p>D.A. Lisov
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2025-09-122025-09-125015816810.33216/2218-5461/2025-50-2-158-168PROBLEM ASPECTS OF FULFILLING OBLIGATIONS UNDER AN EMPLOYMENT CONTRACT ON TELEWORK
https://journals.snu.edu.ua/index.php/app/article/view/1146
<p>The article examines the problem of proper<br>performance of contractual duties by the parties to a<br>remote work agreement.<br>It highlights the growing number of labour<br>disputes caused by the employer’s lack of physical<br>oversight, blurred boundaries of working time, and<br>difficulties in documenting work results. The author<br>analyses the provisions of the Labour Code of<br>Ukraine, the Standard Form of an Employment<br>Agreement on Remote Work, legal doctrine and case<br>law, including Supreme Court decisions from the postpandemic<br>and martial-law periods.<br>Typical disputes are illustrated: disciplinary<br>sanctions without clear evaluation criteria, refusal to<br>pay wages, violations of the right to privacy,<br>uncertainty regarding material and technical support,<br>and cybersecurity risks.<br>The advantages of a contractual model are<br>outlined—one that specifies the employee’s labour<br>function, procedures for task assignment and<br>reporting, channels of communication and<br>acknowledgement of instructions, an availability<br>schedule and the “right to disconnect,” as well as the<br>allocation of responsibilities for equipment,<br>reimbursements, and information-security standards.<br>Based on comparative-legal analysis and the<br>review of case law, the article concludes that the<br>current regulation is limited: it minimises tools for<br>enforcing discipline and transparent time accounting,<br>leaves gaps in evidencing the performance of work,<br>and fails to ensure proportional monitoring.<br>The author substantiates the need to standardise<br>contractual clauses and methodological guidance,<br>and to introduce digital tools (electronic reporting)<br>with guarantees of proportional oversight.<br>In conclusion, it is emphasised that<br>comprehensive alignment of legislation, contractual<br>practice and judicial approaches will reduce conflict,<br>enhance legal certainty, and ensure a fair balance of interests between employee and employer.</p> <p><strong>Keywords:</strong> remote work; remote employment; employment contract; contractual duties; labour discipline; right to disconnect; material and technical support; case law; martial law.</p>S.S. Sevostyanov
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2025-09-122025-09-125016917810.33216/2218-5461/2025-50-2-169-178INTERNATIONAL STANDARDS IN THE FIELD OF PROTECTION AND SECURITY PRACTICES: NATIONAL STANDARD AND ADAPTATION IN THE ASPECT OF HARMONIZATION OF NATIONAL LEGISLATION
https://journals.snu.edu.ua/index.php/app/article/view/1147
<p>The article іn the current conditions of Ukraine's<br>development, globalization and integration processes,<br>during martial law, ensuring occupational safety and<br>health becomes a priority at the national level.<br>Standards in this area determine the basic<br>requirements for the protection and safety of workers'<br>lives and health (including psychological), the<br>working environment, and the prevention of<br>occupational injuries, especially in conditions of<br>endless shelling and other manifestations of armed<br>aggression. European countries and international<br>organizations, in particular the International Labor<br>Organization (ILO), ISO, and the European Union,<br>are actively implementing and developing systems of<br>standards in the field of occupational safety and<br>health, which have universal significance and<br>application. Our state is in the process of reforming<br>national legislation, especially regarding<br>occupational safety. Therefore, it is important to adapt<br>such standards to our internal legal and socioeconomic<br>realities. Striving for European integration,<br>Ukraine must harmonize its labor legislation with<br>international standards, in particular ILO conventions<br>and EU directives.<br>That is, the purpose of this article is to analyze<br>the state of international standards in the field of<br>occupational safety and health, study the degree of their adaptation in national legislation and identify key prospects for harmonizing the regulatory framework.</p> <p><strong>Keywords:</strong> occupational safety, occupational safety, professional safety, legal regulation, international standards, labor legislation, labor relations, labor law, ILO, martial law, harmonization, adaptation.</p>E. Stanishevskiy
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2025-09-122025-09-125017918810.33216/2218-5461/2025-50-2-179-188MODERNIZATION OF UKRAINIAN LABOR LEGISLATION IN THE CONTEXT OF NON-STANDARD EMPLOYMENT: NATIONAL AND INTERNATIONAL GUIDELINES
https://journals.snu.edu.ua/index.php/app/article/view/1148
<p>The article explores the legal nature of nonstandard<br>forms of employment amid the<br>transformation of the labor market, martial law,<br>digitalization, and social changes in Ukraine. The<br>author analyzes theoretical approaches to the concept<br>of non-standard employment, identifies its key types<br>(remote, home-based, flexible, temporary, and<br>platform work), and outlines the main challenges<br>faced by the state, employers, and workers. The<br>influence of international standards—ILO<br>Conventions and Recommendations, as well as EU<br>directives—on the formation of national policies in the<br>regulation of atypical forms of labor is examined.<br>The paper includes a review of relevant judicial<br>practice, particularly decisions of the Supreme Court<br>of Ukraine and landmark foreign rulings (e.g., Uber<br>BV v Aslam), which impact the classification of labor<br>relations in the digital environment.<br>The author substantiates the need to update the<br>Labor Code of Ukraine in light of new labor realities<br>and proposes specific amendments to its articles in<br>accordance with the rules of legal drafting. The<br>conclusion is drawn that non-standard employment is<br>no longer a peripheral phenomenon but a stable<br>component of the labor market, necessitating a fair, flexible, and inclusive model of legal regulation.</p> <p><strong>Keywords:</strong> remote work, martial law, distance employment, digitisation of labour rights, remote worker, international standards, International Labour Organization, non-standard employment, labor contract, labor relations.</p>H.V. Tatarenko
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2025-09-122025-09-125018920610.33216/2218-5461/2025-50-2-189-206MODERN RECRUITMENT SYSTEMS IN THE ARMED FORCES: EXPERIENCE OF EUROPE, THE USA, AND PROSPECTS FOR UKRAINE
https://journals.snu.edu.ua/index.php/app/article/view/1149
<p>This article presents a comprehensive analysis<br>of modern military recruitment systems in the Armed<br>Forces of the European Union countries, the United<br>States, and the United Kingdom. It explores key<br>approaches to attracting military personnel, including<br>the widespread use of digital technologies to optimize<br>recruitment procedures, the implementation of<br>motivational programs to enhance the attractiveness<br>of military service, the integration of gender equality<br>principles, and the professionalization of personnel<br>training. The paper examines successful cases of<br>voluntary army staffing systems in France, Italy,<br>Poland, the USA, and the UK, highlighting how these<br>models are adapted to contemporary security<br>challenges. Special attention is paid to the role of<br>recruitment centers and the application of innovative<br>strategies to engage young citizens.<br>The study outlines the current state of<br>recruitment in Ukraine amid the full-scale war<br>initiated by the Russian Federation. It analyzes key<br>achievements, such as the activation of contract<br>enlistment, the digitalization of recruitment<br>procedures through national platforms, the reform of<br>Territorial Recruitment and Social Support Centers,<br>and the intensification of public information<br>campaigns. At the same time, critical challenges are<br>identified: corruption risks in recruitment structures, insufficient motivation among young people,<br>shortcomings in social security systems for<br>servicemen, and the lack of transparency in<br>mobilization procedures. The article emphasizes the<br>urgent need to complete ongoing reforms, implement<br>comprehensive motivational programs, and provide<br>robust social guarantees for military personnel.<br>The necessity for systematic legal research on<br>recruitment regulation in Ukraine is substantiated. It is proposed to develop a national concept for the advancement of recruitment based on the best international practices, adapted to the realities of wartime. Particular emphasis is placed on the need to harmonize Ukraine’s recruitment system with NATO and EU standards to strengthen the country's defense capabilities and support its Euro-Atlantic integration.</p> <p><strong>Keywords:</strong> Armed Forces of Ukraine, army professionalization, digitalization, gender equality, international experience, legal regulation, military service, mobilization, motivational programs, recruitment, reform, social guarantees.</p>H.V. TatarenkoO.V. KhyliukT.V. Harmash
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2025-09-122025-09-125020721910.33216/2218-5461/2025-50-2-207-219CURRENT ASPECTS OF THE IMPLEMENTATION OF SOCIAL GUARANTEES UNDER MARTIAL LAW IN UKRAINE
https://journals.snu.edu.ua/index.php/app/article/view/1150
<p>The article is devoted to a comprehensive<br>analysis of the peculiarities of the realization of social<br>guarantees under martial law in Ukraine, taking into<br>account the period of the 2018 martial law<br>introduction and the context of the full-scale Russian<br>aggression against Ukraine since February 24, 2022.<br>It examines the main constitutional provisions<br>establishing the right of citizens to social protection<br>and mechanisms for their realization under conditions<br>of restriction of rights and freedoms. Special attention<br>is paid to changes in Ukrainian legislation adopted to<br>adapt social policy to the realities of war, including<br>the Laws of Ukraine «On the Legal Regime of Martial<br>Law» and «On the Organization of Labor Relations<br>under Martial Law». The influence of international<br>law, in particular the norms of the International<br>Covenant on Economic, Social and Cultural Rights<br>and the case law of the ECHR on ensuring minimum<br>standards of social protection even in emergency<br>conditions, is analyzed. Examples of Ukrainian<br>judicial practice regarding the protection of social<br>rights during wartime are provided. The experience of<br>France, Israel, the USA, and Sweden in guaranteeing<br>social rights during crises is studied. Based on the<br>conducted analysis, specific proposals for improving<br>Ukrainian legislation have been developed:<br>enshrining the principle of non-reducibility of social<br>rights during martial law, improving the mechanisms<br>for issuing protective orders, and optimizing<br>procedures for social support for internally displaced<br>persons and war veterans. The importance of<br>integrating the best international practices while considering national specifics is emphasized. The article substantiates the need for a combination of legislative improvement, administrative efficiency, and enhanced parliamentary control over the preservation of social guarantees during crises.</p> <p><strong>Keywords:</strong> digitalization; emergency circumstances; European Social Charter (ESC); extraordinary circumstances; internally displaced persons (IDPs); international standards; labor rights; martial law; pension provision; social guarantees; social protection; social services; the right to social protection.</p>D.V. Tatarenko
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2025-09-122025-09-125022023110.33216/2218-5461/2025-50-2-220-231COLLECTION AND VERIFICATION OF EVIDENCE IN PROCEEDINGS ON WAR CRIMES: THEORETICAL AND PRACTICAL ASPECTS
https://journals.snu.edu.ua/index.php/app/article/view/1151
<p>The article is devoted to an in-depth study of the legal issues surrounding the collection and verification of evidence in the context of holding individuals criminally responsible for war crimes. The<br>research focuses on the development of Ukraine’s<br>national legislation since 2014, under the impact of<br>the Russian Federation’s armed aggression, and<br>examines international legal standards and practical<br>approaches from specific countries — Israel, Iraq,<br>Afghanistan, and Germany. Based on the analysis of<br>the Criminal Code of Ukraine, the Criminal<br>Procedure Code of Ukraine, the Rome Statute of the<br>International Criminal Court, the Geneva<br>Conventions, national criminal codes of foreign states,<br>and the case law of the European Court of Human<br>Rights, the article identifies the key challenges facing<br>law enforcement in documenting war crimes.<br>Particular attention is paid to the procedural aspects<br>of collecting digital, documentary, and victim<br>testimony evidence, as well as the authentication<br>process necessary for judicial proceedings.<br>The study highlights the problems associated<br>with the loss of evidence due to the destruction of<br>crime scenes, witness intimidation, limited access to<br>conflict zones, and the inadequacy of international<br>cooperation mechanisms. The admissibility standards<br>for evidence, both in international and national<br>judicial practices, are systematically analyzed,<br>especially in the context of the prohibition against the<br>use of evidence obtained in violation of human rights.<br>The experience of conducting investigations in postconflict<br>regions is examined. Specific<br>recommendations for improving Ukrainian legislation<br>are proposed: detailing the elements of war crimes<br>within the Criminal Code, establishing specialized<br>units for evidence collection, improving procedural<br>rules on handling digital evidence, and<br>institutionalizing international cooperation in<br>criminal proceedings concerning war crimes. The<br>practical proposals aim to enhance the effectiveness<br>of documenting war crimes and to ensure fair trials in compliance with international justice standards.</p> <p><strong>Keywords:</strong> war crimes, evidence collection, verification, criminal responsibility, international law, Ukraine, ECtHR, international experience, procedural safeguards, law of evidence.</p>I.V. Tatarenko
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2025-09-122025-09-125023224510.33216/2218-5461/2025-50-2-232-245GUARANTEES OF ADMINISTRATIVE AND LEGAL SUPPORT OF SPECIAL LEGAL REGIMES IN UKRAINE
https://journals.snu.edu.ua/index.php/app/article/view/1152
<p>In the context of the full-scale armed aggression<br>of the russian federation, the introduction of martial<br>law and the need to counter hybrid threats (terrorism,<br>sabotage, cyber attacks, information wars), this topic<br>is of paramount importance.<br>Special legal regimes, such as martial law,<br>inevitably involve restrictions on the constitutional<br>rights and freedoms of citizens and the expansion of<br>powers of state authorities and military command.<br>That is why it is extremely important to develop and<br>effectively operate a system of administrative and<br>legal guarantees that is to ensure compliance with the<br>rule of law and legality, prevent abuse of power and<br>abuse of authority by officials, including effective<br>protection of human rights and freedoms under<br>restrictions and restoration of public confidence in<br>state institutions.<br>The study of this topic is critically important for<br>the formation of the rule of law in Ukraine, its<br>European integration course and compliance with<br>European standards in the field of human rights and<br>public administration. Studying and improving the<br>mechanisms of administrative and legal guarantees<br>will not only allow us to respond effectively to current<br>challenges but also lay a solid foundation for post-war reconstruction and sustainable development of the<br>country. This is not just a list of guarantees, but a<br>comprehensive set of interrelated instruments aimed<br>at preserving constitutional order, human rights and<br>democratic principles in emergency circumstances.<br>The guarantees of administrative and legal<br>support are not isolated norms, but constitute an<br>interconnected system covering different levels:<br>constitutional guarantees directly enshrined in<br>the Сonstitution of Ukraine (for example, Article 64 of<br>the Constitution of Ukraine, which defines an<br>exhaustive list of rights that cannot be restricted);<br>legislative guarantees detailed in the laws of<br>Ukraine (On the Legal Regime of Martial Law, On the<br>Legal Regime of the State of Emergency, etc.) These<br>laws establish the procedures for introducing,<br>maintaining and cancelling martial law, the limits of<br>restrictions, the powers of the authorities and liability;<br>subordinate legislation guarantees, which are<br>set out in bylaws that update legislative norms and<br>develop mechanisms for their implementation<br>(resolutions of the Cabinet of Ministers of Ukraine,<br>presidential decrees, departmental orders);<br>procedural guarantees, which guarantee clarity<br>and transparency of decision-making, appeal, and<br>public information procedures. They are aimed at<br>preventing arbitrariness on the part of the state and<br>ensuring that citizens have the opportunity to properly<br>protect their rights and freedoms;<br>judicial guarantees, which guarantee the right of<br>citizens to judicial protection, effective judicial control<br>over decisions and actions of state authorities<br>operating under special legal regimes;<br>parliamentary guarantees, which provide for<br>control of the Verkhovna Rada of Ukraine over the<br>activities of executive authorities and military<br>command, in particular through special commissions,<br>parliamentary inquiries, approval of presidential<br>decrees;<br>international legal guarantees, which allow<br>citizens to apply to international judicial and quasijudicial<br>bodies (e.g., the European Court of Human<br>Rights) in case of exhaustion of national remedies;<br>public guarantees, which envisage a special role<br>for civil society, human rights organisations and the<br>media in monitoring human rights and informing the<br>public about possible violations.<br>In the context of a full-scale war, Ukraine is<br>facing unprecedented challenges that require<br>continuous improvement of the system of guarantees,<br>which include the following:<br>finding an optimal balance between the security<br>of the state and the freedom of citizens. At the same<br>time, restrictions imposed under special legal regimes<br>should be justified and not lead to authoritarian<br>tendencies;<br>adaptation of the state to hybrid threats, which<br>involves developing guarantees that will work<br>effectively in the context of information wars,<br>cyberattacks, and hybrid operations, where<br>traditional approaches may be insufficient;<br>post-war settlement, which implies the need to<br>review and possibly modify some temporary norms<br>introduced during martial law to ensure a rapid return<br>to normal functioning of society;<br>European integration, which implies further<br>bringing national legislation and practice of applying<br>special legal regimes in line with the standards of the<br>European Union and the Council of Europe, in<br>particular the case law of the European Court of<br>Human Rights.<br>A deep understanding of these aspects will allow not only to respond effectively to current challenges, but also to build a strong system of administrative and legal guarantees that will ensure stability, legality and protection of human rights in Ukraine in any crisis.</p> <p><strong>Keywords:</strong> special legal regimes, martial law, state of emergency, environmental emergency zone, legal regime, administrative and legal support, guarantees, legal guarantees, restrictions on rights and freedoms, national security, hybrid threats, rule of law, judicial control, parliamentary control, liability of officials, proportionality of restrictions, European integration, post-war settlement.</p>V. Tsytsyura
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2025-09-122025-09-125024626010.33216/2218-5461/2025-50-2-246-260ON THE ISSUE OF LEGAL SUPPORT FOR PARADIPLOMACY IN UKRAINE: CURRENT STATE AND DIRECTIONS FOR IMPROVEMENT
https://journals.snu.edu.ua/index.php/app/article/view/1153
<p>The article examines the current state of legal<br>support for paradiplomatic activity in Ukraine, taking<br>into account the dynamics of decentralization<br>processes, the country’s European integration<br>trajectory, and the challenges of wartime conditions.<br>It is noted that paradiplomacy—as a form of external<br>activity of local self-government bodies and regional<br>authorities—is gradually acquiring a systemic nature,<br>while simultaneously facing a number of legal,<br>institutional, and procedural constraints. The article<br>analyzes the main legislative acts regulating<br>international interaction at the subnational level,<br>including the Law of Ukraine “On International<br>Territorial Cooperation,” the Law “On Foreign<br>Economic Activity,” and other related regulatory<br>documents. The authors emphasize the fragmented<br>nature of the current legal framework, the absence of<br>a unified registry of agreements concluded by local<br>authorities, and the need for better coordination from<br>central executive bodies, particularly the Ministry of<br>Foreign Affairs. The article proposes directions for<br>improving the legal mechanism of paradiplomacy in<br>Ukraine, including the codification of relevant<br>competences, the creation of a specialized unit within<br>the Ministry of Foreign Affairs, the simplification of<br>procedures for participation in international<br>programs, and the inclusion of regional international<br>cooperation as a priority in national regional<br>development policy. It is concluded that legal<br>modernization of paradiplomacy is a necessary condition for its further development as a tool for strengthening the international subjectivity of Ukrainian regions.</p> <p><strong>Keywords:</strong> paradiplomacy, decentralization, regions, international law, municipalities, legislation, external relations.</p>H.V. TatarenkoO.V. Nikitina
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2025-09-122025-09-125026127610.33216/2218-5461/2025-50-2-261-276DEFINING THE ESSENTIAL LEGAL CHARACTERISTICS OF EMPLOYEE MATERIAL LIABILITY
https://journals.snu.edu.ua/index.php/app/article/view/1154
<p>The article notes that scientists interpret the<br>content and essence of material liability differently,<br>distinguishing different groups of its legal features.<br>However, modern labor law doctrine does not offer a<br>holistic and comprehensive approach to identifying<br>the essential legal features of material liability of<br>employees. To a large extent, this state of legal<br>research is influenced by the imperfection of the<br>current regulatory and legal regulation of this area in<br>labor law. In particular, the lack of clear definitions of<br>basic concepts, the lack of clarity, certainty and<br>unification at the legislative level.<br>The purpose of the article is to identify the<br>essential legal features of material liability of<br>employees.<br>The scientific research in the article is aimed at<br>forming an author's and comprehensive approach to<br>identifying the essential legal features of material<br>liability of an employee. To achieve the scientific goal,<br>it is proposed to identify the essential legal features,<br>including by comparing the type of liability under<br>study with related types of legal liability, and in<br>particular, with civil liability. It was found that<br>material liability is characterized by a number of<br>significant legal features that qualitatively distinguish<br>it from other types of legal liability. Therefore, this<br>type of liability arises exclusively within the framework of labor relations. Also, an important legal<br>feature of material liability is that it is regulated by<br>labor law, therefore, the principles of this field are<br>applied to its implementation. In particular, when<br>holding an employee accountable, it is important to<br>observe the employee's labor guarantees, protect his<br>rights and ensure a balance of interests of both parties<br>to the labor relationship - the employee and the<br>employer. The general goal of material liability is to<br>achieve the goals of labor law, in particular:<br>maintaining labor discipline, protecting the labor<br>rights of employees, providing them with basic labor<br>guarantees, as well as ensuring the preservation of the employer's property.</p> <p><strong>Keywords:</strong> labor relations, civil liability, material liability, direct actual damage, labor obligations, labor rights, compensation, labor guarantees, subject of liability.</p>D.M. Chuyko
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2025-09-122025-09-125027728810.33216/2218-5461/2025-50-2-277-288HISTORICAL AND LEGAL ASPECTS OF BUILDING REGULATION IN EUROPEAN CITIES IN ANTIQUITY AND THE MIDDLE AGES
https://journals.snu.edu.ua/index.php/app/article/view/1155
<p>The article а holistic analysis of the<br>development of urban planning regulation in a<br>historical perspective is extremely important. The<br>article analyzes the historical development of the main<br>schemes for planning the development of European<br>cities. The features of urban development in ancient<br>times according to the Hippodamian system are<br>studied. The decline of European cities after the<br>collapse of the Western Roman Empire and new<br>principles of urban development and development in<br>the Middle Ages are indicated. During the Middle<br>Ages, the city was primarily a territory where a person<br>could receive protection, therefore the key limiting line<br>of development was the city wall. The reasons and<br>features of the main development schemes<br>(rectangular, radial, multi-core, etc.) are considered.<br>The impact of fires on the emergence of the first acts of development regulation in cities is analyzed.</p> <p><strong>Keywords:</strong> history, development, administrative law, history of Europe, history of development regulation, history of cities, urban planning.</p>V.M. Pravdyuk
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2025-09-122025-09-125028929810.33216/2218-5461/2025-50-2-289-298SOCIAL CULTURE OF SUPPORT FOR MALE AND FEMALE VETERANS IN UKRAINE
https://journals.snu.edu.ua/index.php/app/article/view/1156
<p>The article examines the concept of «social<br>culture of veteran support» in Ukraine as a complex<br>of norms, values, and practices shaping public<br>attitudes toward this group of citizens. The authors<br>outline the key features of this social culture and<br>analyze the main theoretical and practical challenges<br>that arise in the process of its formation.<br>A review of the current state of scholarly<br>research on the social culture of veteran support in<br>Ukraine is conducted. The article identifies major<br>academic approaches to the study of this phenomenon,<br>highlights underexplored aspects, and outlines the<br>prospects for further interdisciplinary studies. A<br>comparative analysis of the concepts of «veteran<br>policy» and «social culture of veteran support» is also<br>presented, emphasizing their distinctions.<br>Finally, the article proposes amendments to the<br>legislation on the status of war veterans and the<br>guarantees of their social status, with a particular<br>focus on improving policies aimed at shaping a more robust social culture of veteran support in Ukraine.</p> <p><strong>Keywords:</strong> male and female veterans, reintegration, social culture, social culture of veteran support, veteran policy.</p>L.M. ZagoruyI.S. Zagoruy
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2025-09-122025-09-125029930710.33216/2218-5461/2025-50-2-299-307