Topical issues of law: theory and practice

GENERALIZATION OF THE SUPREME COURT’S LEGAL POSITIONS REGARDING THE PAYMENT OF ONE-TIME FINANCIAL ASSISTANCE TO THE FAMILY MEMBERS OF DECEASED MILITARY PERSONNEL

V.M., A.G. — Thu, 05 Feb 2026 00:00:00 +0000

This article provides a systematic review and summary of the Supreme Court’s recent legal positions regarding the appointment and payment of one-time financial assistance in the event of the death, disability, or partial loss of working capacity (without establishing disability) of military personnel, conscripts, and reservists. This assistance is provided in accordance with Articles 16, 16-1, and 16-2 of the Ukrainian Law “On the Social and Legal Protection of Military Personnel and Their Families”. In conditions of armed aggression, the role of military personnel in ensuring Ukraine’s national security and defense is indisputable. This requires enhanced social security and high-level social guarantees for this category of individuals.

The largest number of disputes in this area of social relations arises in relation to the following circumstances: establishing the circle of persons entitled to receive one-time financial assistance; determining the means of proving the existence of actual family relations or dependency; identification of possible procedural grounds for refusing to grant assistance; consequences of previous payments in the event of new circumstances; violations in the calculation of the amount of one-time cash assistance due to an incorrect determination of the base year for calculating the subsistence minimum; and refusal to recalculate due to a change in the causal link of disability.

The conclusions state that the Supreme Court’s legal positions, formed when resolving disputes over the payment of one-time financial assistance to family members of deceased military personnel, align with the fundamental positions of the Constitutional Court of Ukraine and the European Court of Human Rights. These positions establish standards that fulfill the state’s constitutional obligation to this group, providing them with “high-level social guarantees”.

STUDENTS' AWARENESS OF LABOR RIGHTS AS THE KEY TO SUCCESSFUL EMPLOYMENT

O.V. Andrieiev, D.O. Stepchenko — Thu, 05 Feb 2026 00:00:00 +0000

The article is devoted to researching the level of awareness among Ukrainian students regarding labor rights and the conditions under which they enter the labor market. Based on an analysis of scientific sources and survey results, it was found that a significant portion of young people have experience in labor relations, but often lack sufficient practical skills to protect their rights. Key barriers have been identified, including fear of losing one's job, distrust of institutions, and a lack of clear, practical information. The need to update approaches to legal education has been outlined, in particular the introduction of digital resources, practical instructions, interactive training, and the strengthening of legal clinics.

Based on comparative analysis and international best practices, the author proposes a set of measures aimed at improving students’ legal awareness. These include the development of digital educational tools, online platforms and mobile applications, strengthening the role of legal clinics and consultation centres at universities, introducing interactive and practice-oriented learning formats, and enhancing cooperation between educational institutions and employers.

The study argues that improving students’ awareness of labour rights requires a comprehensive and modern approach that goes beyond traditional academic instruction. Empowering students with practical skills and accessible legal information will contribute to the formation of a legally conscious and socially responsible generation capable of protecting its rights and promoting fair and transparent labour relations.

Keywords: labor law, youth, legal education, legal awareness, labor market, labor rights, employment contract.

SYSTEMATICITY AS A SIGN OF THE OBJECTIVE ASPECT OF DOMESTIC VIOLENCE (ART. 126-1 OF THE CRIMINAL CODE OF UKRAINE)

V.V. Bazeliuk — Thu, 05 Feb 2026 00:00:00 +0000

Based on an analysis of scientific views of scholars and data from the judicial practice of local, appellate, and supreme courts, this article examines theoretical and practical approaches to interpreting the concept of systematic domestic violence.

The purpose of this article is to clarify the concept of systematicity as a sign of the objective side of a criminal offense under Article 126-1 of the Criminal Code of Ukraine. At the same time, it is necessary to resolve the issue of the presence or absence of double incrimination of a person for the same offense in the case of bringing such a person first to administrative responsibility for domestic violence and then to criminal responsibility.

It has been established that the legislator in Article 126-1 of the Criminal Code of Ukraine defined the concept of domestic violence through the feature of systematicity. However, the current legislation does not contain a clear definition of the concept of “systematicity” in the context of domestic violence. Only in some resolutions of the Plenum of the Supreme Court of Ukraine concerning other criminal offenses is the meaning of this feature explained, which usually refers to the commission of three acts. To establish the systematic nature of domestic violence, scholars also mainly refer to three episodes of the commission of the act. In the rulings of the Cassation Criminal Court within the Supreme Court dated 25 February 2021 in case No. 583/3295/19, dated 14 June 2022 in case No. 585/3184/20, dated 28 May 2024 in case No. 522/2378/22, legal positions were provided regarding the concept of “systematic domestic violence,” according to which domestic violence, as provided for in Article 1261 of the Criminal Code of Ukraine, will occur in the event of one of the forms of violence (physical, psychological, or economic) being committed for the third time.

It has been proven that despite such unanimity of views, the interpretation of the concept under study in the practice of local and appellate courts is ambiguous.

It has been concluded that it is advisable to enshrine the concept of systematic domestic violence in legislation by supplementing Article 126-1 of the Criminal Code of Ukraine with the following note: "In this article, systematic domestic violence is the commission of any type of violence provided for in the disposition of the article at least three times during the year. The systematic nature of violence may be confirmed, inter alia, by the previous bringing of a person to administrative responsibility for an offense provided for in Article 173-2 of the Code of Ukraine on Administrative Offenses."

Keywords: criminal liability, systematic nature, domestic violence, administrative liability, prohibition of double punishment.

HISTORICAL AND LEGAL ASPECT OF THE TRANSFORMATION OF LABOUR RIGHTS IN THE CONTEXT OF THE DEVELOPMENT OF GREEN TECHNOLOGIES

K.I. Bodrukhina — Thu, 05 Feb 2026 00:00:00 +0000

The article provides a comprehensive historical and legal analysis of the transformation of labour rights under the influence of the development of green technologies and the energy transition in the context of the global environmental crisis. The starting point of the study is the thesis that the shift of the world economy towards a sustainable development model entails not only changes in technological and production processes, but also a profound transformation of social and labour relations, which requires an adequate legal response.

It is substantiated that green and resource-efficient technologies in contemporary developed economies are viewed not only as a tool for reducing adverse environmental impacts, but also as a factor of long-term economic growth and job creation. In this context, the issue of reconciling environmental priorities with the preservation and further development of labour rights becomes particularly relevant, which necessitates rethinking the role of labour law in the conditions of the green transformation of the economy.

The article analyses the current state of scholarly research on the interaction between environmental innovations and labour law. It is established that in Ukrainian legal scholarship, issues of green transformation have been examined mainly within environmental and commercial (economic) law, whereas the labour-law dimension remains fragmented and insufficiently systematised. Particular attention is devoted to the works of foreign authors, including Paolo Tomassetti and Stefan Bouzarovski, who reveal the historical relationship between energy regimes and the institutional development of labour law.

Based on a synthesis of domestic and foreign approaches, the article proposes an authorial view of the evolution of labour rights in the context of energy transitions and the development of green technologies. It is found that in the industrial era (the nineteenth century to the mid-twentieth century), the environmental factor was virtually not taken into account in shaping labour rights, which developed primarily as a response to labour exploitation and the hazards of factory production. The subsequent environmental crisis of the second half of the twentieth century led to the first steps towards the greening of labour law, in particular through the expansion of the concept of occupational safety and health and the recognition of workers’ right to refuse hazardous work. Special attention is paid to the period of the emergence of the sustainable development concept and the appearance of the category of “green jobs” in the early twenty-first century.

A separate section of the article is devoted to analysing the impact of green technologies on the content of labour rights. It is emphasised that the environmental benefits of production processes are not always identical to their social safety.

Keywords: labour law; workers’ labour rights; green technologies; green transformation; energy transition; just transition; green jobs; decent work; sustainable development; occupational safety and health.

IMPLEMENTATION OF INTERNATIONAL STANDARDS OF MEDICAL SUPPORT FOR MILITARY PERSONNEL THE NATIONAL LEGISLATION

A.V. Vahin — Thu, 05 Feb 2026 00:00:00 +0000

The article examines the process of
implementing international standards of medical care
for military personnel in Ukrainian legislation. It also
analyzes how the legislative and regulatory
framework changed between 2020 and 2025. It has
been established that during this period, the military
medical examination system has been changed, TSSS
protocols have been introduced, the aerodynamic
evacuation system has been improved, and the number
of programs for the psychosocial rehabilitation of
military personnel has been expanded. It was also
established that the country is gradually integrating
internal standards that undoubtedly interact positively
with NATO doctrines (AJP-4.10, AAMedP-1.1), while
adapting the principle of continuous medical care, i.e.,
support is provided from the place of injury to the
rehabilitation center. The main problems with
implementation were also identified, namely:
interaction between the Ministry of Defense and the
Ministry of Health to ensure a sufficient number of
certified personnel instructors, unstable funding, and
the lack of a single body for adequate coordination
and control of the specified processes. During the
comparative analysis, directions for improving the
legal system were formulated, namely, a unified
system of military medicine standards should be
created, adequate funding should be provided for the
program of relevant training of specialists and
monitoring of the quality of medical services that will
meet international standards. It was also argued that
the implementation of international standards not only
improves the effectiveness of the military medical
service, but also contributes to Ukraine's better
integration into the Euro-Atlantic security space and
healthcare system.
Keywords: military medicine, rehabilitation,
legal system, NATO standards, TSSS, medical
standards.

DISCIPLINARY RESPONSIBILITY OF CIVIL SERVANTS AS AN ELEMENT OF THEIR LEGAL STATUS RELATED TO THE PERFORMANCE OF STATE FUNCTIONS ELEMENT OF THEIR LEGAL STATUS RELATED TO THE PERFORMANCE OF STATE FUNCTIONS

O.V. Valetska — Thu, 05 Feb 2026 00:00:00 +0000

The article provides a comprehensive study of
the peculiarities of disciplinary responsibility of civil
servants based on an analysis of scientific works by
leading legal scholars and experts in the field of public
administration.
The current state of the socio-political and
economic life of the state is characterised by reforms
and transformations taking place against the
backdrop of the struggle for sovereignty and the
introduction of military action for the fourth year in a
row. Reforms in public life are also driven by
European integration processes, which can be
regarded as vectors of democratic change and
liberalisation of society. The reform of the civil service
is also of great importance during this period, as it is
an important means of ensuring the effective
functioning of all spheres of life. The civil service is a
complex systemic entity, and civil servants perform the
functions of the state and are vested with state
authority by law. The introduction of effective,
transparent, and fair disciplinary procedures is
intended not only to strengthen service discipline and
accountability, but also to prevent abuses of authority
by subjects exercising disciplinary jurisdiction. In this
context, it is essential to take into account standards
of good governance, the principles of legal certainty,
proportionality, and fairness, as well as to harmonize
national legislation with European approaches to the
protection of the rights of public servants, which will
contribute to increasing trust in the institution of
public service and enhancing the overall effectiveness
of public administration. This is what made the study
relevant.
The Strategy for Reforming Public
Administration for 2022–2025, adopted in 2021, set
the goal of increasing the prestige of the state and its
competitiveness as an employer and creating
opportunities to attract and retain the most qualified
employees in the civil service in the area of
professional public service and personnel
management.
In addition, the Strategy in the area of human
resource management capacity and organisational
culture provides, among other things, for
strengthening guarantees to prevent unjustified
dismissals of civil servants. A distinctive feature of the
legal status of civil servants is the combination of
regulatory control over their activities and moral and
ethical principles of conduct both on and off duty,
which is particularly important in the current period
of active implementation of European values while
preserving the uniqueness of the national mentality.
The purpose of this article is to examine the specifics
of the disciplinary responsibility of civil servants as an
important element of their legal status in the current
period of state building.
To achieve this goal, the author identified a
number of tasks, including: determining the specific
features of the legal status of civil servants, which is
determined by the performance of state tasks and
functions; establishing the basis for disciplinary
liability of civil servants; describing the procedure for
bringing civil servants to disciplinary liability; and
analysing the types of disciplinary penalties. A
disciplinary offence by a civil servant as the main
basis for bringing them to disciplinary responsibility
is an unlawful, harmful, culpable action or inaction by
a civil servant, consisting in a violation of the
normatively established rules of conduct or failure to
perform functional duties for which disciplinary
responsibility is provided.
Disciplinary proceedings against civil servants
are understood to be activities regulated by law and
carried out by authorised entities with regard to the
application of disciplinary sanctions, which
guarantees the rights and legitimate interests of civil
servants. Disciplinary proceedings against civil
servants have the following characteristics: 1) they
are related to the authoritative activities of competent
bodies or officials; 2) the implementation of such
activities is regulated by the norms of administrative
law; 3) these activities are aimed at making legal
decisions, primarily of an individual nature.
Keywords: disciplinary responsibility, civil
servant, state building, labour relations, labour rights,
civil service, legal regulation, labour, principles, legal
status.

SPECIFICS OF RECOGNIZING PROPERTY RIGHTS TO INTELLECTUAL PROPERTY OBJECTS CREATED BY MILITARY PERSONNEL

A.A. Honchar — Thu, 05 Feb 2026 00:00:00 +0000

The article provides a comprehensive
theoretical and legal analysis of the transformation in
the mechanism for acquiring proprietary rights to
objects of intellectual property that occurred in 2025.
The study examines legislative developments,
particularly the Law of Ukraine «On Amendments to
Certain Laws of Ukraine Regarding Intellectual
Property Rights to Objects Created in Connection
with Military Service» dated August 21, 2025, No.
4585-IX, and amendments to the Civil Code of
Ukraine.
It has been established that the legislator has
introduced a mandatory model for the transfer of
proprietary rights to the state: henceforth, rights to
objects created by military personnel in connection
with the performance of official duties transfer to the
state automatically (ipso jure) at the moment of
creation. This eliminates the need for additional
alienation agreements and resolves the issue of
bureaucratic hurdles under martial law.
The author conducts an in-depth comparative
analysis of the legal nature of labor relations versus
military service relations. It is demonstrated that the
key distinction lies in the volitional aspect: whereas in
labor relations the performance of an official
assignment is based on voluntary consent
(employment contract), in military relations it
constitutes the execution of a mandatory order from a
commander under the threat of criminal liability. This
precludes the application of the presumption of joint
ownership of intellectual property objects, which is
characteristic of labor law. The article substantiates
the doctrinal approach regarding the state's original
acquisition of rights to military intellectual property
objects.
A significant conflict is identified between the
new regulation and Article 41 of the Constitution of
Ukraine regarding the restriction of a personʼs right
to possess, use, and dispose of the results of their
intellectual activity: total alienation of rights without
a legislatively established mechanism for fair
compensation creates risks of disrupting the balance
of interests and may lead to the demotivation of
personnel.
Special attention is paid to the issue of disparity
in incentivizing innovation. The study analyzes the
contrast between the strict administrative regulation
of the rights of individual military personnel and the
liberal tax and regulatory regime for legal entities that
are residents of Defence City. It is revealed that such
asymmetry of incentives may lead to an outflow of
intellectual capital from the military and the
«shadowing» of developments. The article proposes
ways to improve legislation to ensure a balance
between national security interests and the rights of
military authors.
Keywords: intellectual property, proprietary
rights, military personnel, service invention, national
security, technology transfer, fair remuneration,
Defence City.

HISTORICAL AND LEGAL FOUNDATIONS OF THE CRIMINALIZATION OF WAR CRIMES

H.M. Hrytsenko, O.A. O.A. — Thu, 05 Feb 2026 00:00:00 +0000

The article provides a comprehensive historical
and legal analysis of the formation and evolution of
the institution of the criminalization of war crimes in
international and national law through the prism of
contemporary challenges caused by the full-scale
armed aggression of the Russian Federation against
Ukraine. Based on a review of customary sources
(from the 1863 Lieber Code and the Hague
Conventions to the grave breaches provisions of the
1949 Geneva Conventions and the 1977 Additional
Protocols) and codified instruments (the Rome Statute
of the ICC), the study clarifies the concept of «war
crime» as a set of intentional and serious violations of
the laws and customs of war entailing individual
criminal responsibility. The role of the Nuremberg
Trials in establishing the principle of personal
accountability is demonstrated, as well as the
subsequent development of international
jurisprudence by the ICTY and ICTR, which refined
the elements of war crimes - particularly in the context
of non-international conflicts, sexual violence, and
command responsibility. The significance of universal
jurisdiction as a mechanism for combating impunity is
substantiated, accompanied by comparative examples
of its implementation. The article outlines the state
and challenges of Ukrainian legislation (Articles 437
and 438 of the Criminal Code of Ukraine), including
the absence of a statutory definition of «war crime»,
terminological inconsistencies regarding «armed
conflict» and «martial law», and the need to
systematize crime elements and procedural
mechanisms. Drawing on the recent case law of the
Supreme Court of Ukraine, it is shown that, for
qualification under Article 438, the decisive factor is
the establishment of a connection between the act and
an actual armed conflict. The author formulates
proposals for improvement: introducing a legal
definition of «war crime» and harmonizing
terminology with international humanitarian law;
ensuring full implementation of the Convention on the
Non-Applicability of Statutory Limitations to War
Crimes and Crimes against Humanity; extending
effective universal jurisdiction; establishing
specialized investigative and judicial institutions; and
strengthening the protection of victims and witnesses.
The practical significance of the study lies in
developing a coherent model for combating impunity
that integrates international standards, comparative
experience, and the specific needs of Ukrainian legal
practice.
Keywords: armed conflict, armed law, criminal
liability, ECHR, implementation, international
humanitarian law, Nuremberg Principles, Rome
Statute of the ICC, universal jurisdiction, Article 438
of the Criminal Code of Ukraine.

REPRESENTATIONS, WARRANTIES AND INDEMNITIES IN UKRAINIAN LEGISLATION: SYSTEMATIC DEFICIENCIES IN THE IMPLEMENTATION OF COMMON LAW INSTITUTIONS

Ye.I. Husakov, O.V. Shapovalova — Thu, 05 Feb 2026 00:00:00 +0000

The article provides a critical analysis of the implementation of contractual representations, warranties and
indemnities institutions borrowed from the common law system into the Ukrainian legal system. The legal nature
of 'representations', 'warranties' and 'indemnities' in the context of the common law system (Anglo-Saxon legal
system) is examined in detail, and systemic problems of their integration into Ukrainian legislation are identified.
Special attention is paid to the structural shortcomings of placing new legal constructions in the Civil Code of
Ukraine and other laws, their inconsistency with original concepts, as well as the limited scope of their application.
The research demonstrates that the Ukrainian legislator confused pre-contractual representations with
contractual warranties, failed to implement the full warranty framework including the condition/warranty
distinction, and conflated indemnities with liquidated damages. These conceptual errors have resulted in
transplanted institutions that are poorly understood and rarely used in practice. The article proposes concrete
legislative reforms including: repositioning representation provisions to Chapter 16 on Transactions with
rescission remedies; clarifying warranty provisions as contractual terms in Chapter 52; properly implementing
indemnity as a standalone risk-allocation mechanism; and providing authoritative guidance on the application of
these institutions. The research provides broader lessons about legal transplants and the challenges of borrowing
institutions from different legal traditions.
Keywords: contractual representations, warranties, indemnities, common law system, digital economy, legal
transplants, comparative law.

LEGAL ISSUES OF LAND RECLAMATION AFTER THE TERMINATION OF MARTIAL LAW

A.Y. Donchenko — Thu, 05 Feb 2026 00:00:00 +0000

The article is devoted to the analysis of legal
issues concerning land reclamation in Ukraine
following the termination of martial law, driven by the
degradation of the land fund due to military actions. It
is established that contamination with explosive
substances, erosion, loss of soil fertility, and
temporary land withdrawals pose threats to Ukraine’s
agricultural potential and ecological stability. The
current legislative framework is characterized by
fragmentation, legal gaps, and insufficient adaptation
to post-war challenges, such as mine hazards and the
needs of internally displaced persons. Based on the
works of Ukrainian scholars, the study analyzes
theoretical approaches to the concepts of
«restoration» and «reclamation», emphasizing the
latter as a key mechanism for addressing technogenic
damage. The research highlights international
experiences in land reclamation, proposing the
adaptation of their practices through the
establishment of a registry of degraded lands, a
specialized reclamation fund, and the integration of
geospatial information systems. It is proposed to
develop a Law of Ukraine «On Land Reclamation» to
establish clear principles, timelines, and
compensation mechanisms, as well as to introduce tax
exemptions for lands undergoing reclamation. The
article underscores the necessity of integrating EU
environmental standards and employing innovative
methods. The study aims to formulate a systemic
approach to restoring the land fund, ensuring food
security, and promoting the sustainable development
of the agricultural sector.
Keywords: land reclamation, martial law, soil
degradation, legal regulation, mine hazards,
phytoremediation, geospatial information systems,
agricultural potential, international standards, land
fund

DERIVATIVE ACTION: CERTAIN LEGISLATIVE CHANGES AND JUDICIAL PRACTICE UNDER MARTIAL LAW

L. M. Zagoruy, I. S. Zagoruy — Thu, 05 Feb 2026 00:00:00 +0000

The article examines the institution of derivative
actions in commercial litigation as a mechanism for
corporate control and for the liability of company
officers. The authors conduct a comprehensive
analysis of judicial practice concerning the
application of derivative actions during the period of
martial law in Ukraine in 2022–2024. The study
reviews the regulatory framework, selected scholarly
approaches, key Supreme Court decisions, and
current trends in the development of officers’ liability.
It has been established that martial law in
Ukraine does not fundamentally alter the legal nature
or basic characteristics of the derivative action
recognized by current legislation, nor does it
transform its doctrinal essence or the legal grounds
for holding company officers liable. However, as
confirmed by judicial practice, there is a noticeable
shift of emphasis toward the procedural aspects of
applying the derivative action, as well as an increase
in the number of such claims during wartime. This
phenomenon is evidently attributable to the
strengthening of corporate control over company
officers in crisis economic conditions.
Keywords: derivative action, corporate liability,
damages, company officer, commercial procedure,
judicial practice, martial law, minority shareholders.

PROCEDURAL FEATURES OF COURT TRIALS IN CRIMINAL CASES UNDER ARTICLE 126¹ OF THE CRIMINAL CODE OF UKRAINE («DOMESTIC VIOLENCE»)

Yullia Ivchuk — Thu, 05 Feb 2026 00:00:00 +0000

The article provides a comprehensive and
systematic analysis of the procedural features of
criminal proceedings in cases of domestic violence as
provided for in Article 126¹ of the Criminal Code of
Ukraine, taking into account current challenges of law
enforcement practice and the state’s international
obligations in the field of human rights protection.
The study examines the evolution of national
legislation in the field of prevention of and combating
domestic violence, starting from the formation of a
comprehensive state policy in this area and
culminating in the criminalization of systematic
domestic violence as an independent corpus delicti.
Particular attention is paid to amendments to criminal
procedural legislation aimed at implementing
international standards, primarily the provisions of
the Istanbul Convention, as well as the case law of the
European Court of Human Rights.
Special emphasis is placed on the analysis of the
form of private prosecution in criminal proceedings
concerning domestic violence. The article reveals the
specific features of initiating a pre-trial investigation
upon a victim’s complaint, as well as the statutory
exceptions regarding the impossibility of terminating
criminal proceedings due to the subsequent
withdrawal of charges by the victim. It is substantiated
that this model of criminal prosecution, despite certain
contradictions, represents an attempt by the legislator
to take into account the specific nature of domestic
violence, in particular the risks of secondary
victimization and psychological pressure on victims.
The article also explores the procedural features
of initiating a pre-trial investigation taking into
account the requirement of systematic conduct as a
mandatory element of the corpus delicti provided for
in Article 126¹ of the Criminal Code of Ukraine.
Considerable attention is paid to problematic
aspects of evidence in domestic violence cases. The
peculiarities of proving psychological violence,
which, unlike physical violence, does not leave
obvious material traces, as well as the difficulty of
establishing a causal link between the perpetrator’s
actions and the negative physical or psychological
consequences for the victim, are analyzed. The
necessity of a comprehensive approach to the
formation of the evidentiary base is substantiated,
involving both direct and indirect evidence, the results
of psychological examinations, materials from social
services, and electronic evidence.
Within the framework of international standards,
the content of the “due diligence” standard and its
significance for criminal proceedings in domestic
violence cases are disclosed.
Keywords: domestic violence, criminal
procedure, crime, victim, private prosecution,
standard of proof, Istanbul Convention, international
standards, criminal liability

PUBLIC ADMINISTRATION IN THE SPHERE OF DIGITAL RIGHTS OF MINORS: CHALLENGES, PROBLEMS, AND PROSPECTS

I. G. Ihnatchenko, Y. S. Ryabchenko — Thu, 05 Feb 2026 00:00:00 +0000

The article presents a comprehensive
administrative-legal and organizational analysis of
the principles of public administration in the sphere of
digital rights of minors in Ukraine. The research is
driven by the urgent need to ensure the full protection
of children's rights amidst the total digitalization of
social relations and European integration processes,
which necessitates an immediate response from the
public administration system. The substantive content
of children's digital rights, aligned with the UN
Convention on the Rights of the Child, General
Comment No. 25, and GDPR standards, is disclosed.
It is emphasized that the rapid development of
digital platforms, social networks, EdTech solutions,
and Artificial Intelligence (AI) systems generates new
challenges for public administration, intensifying the
risks of privacy infringement among children through
profiling, non-transparent processing of personal
data, and commercial exploitation of minors' digital
footprints.
The paper analyzes the institutional potential
and activities of key public administration entities—
the Cabinet of Ministers of Ukraine, the Ministry of
Digital Transformation, the Parliamentary
Commissioner for Human Rights, and the future
national data protection body. It is shown that the
effectiveness of state policy is reduced by systemic
problems, specifically: legislative gaps, lack of interagency coordination, insufficient specialized
institutions, and weak mechanisms for state and public
control over children's data processing. Furthermore,
the approaches outlined in the EU White Paper on AI
and the Ukrainian AI White Paper are analyzed, the
implementation of which requires clear regulatory
decisions from public administration.
The necessity of comprehensively improving the
legal framework to form a prospective model of public
administration is substantiated. This includes the
adoption of a special law on children's digital rights,
the introduction of the institution of a Digital
Ombudsman, the strengthening of administrative
liability, and the modernization of regulatory
mechanisms. It is concluded that achieving a high
level of protection for children's rights is possible
exclusively by realizing these outlined prospects
through inter-agency coordination and enhancing
digital literacy, thereby establishing a sustainable
foundation for a culture of digital responsibility in
society.
Keywords: digital rights of the child; public
administration; challenges; problems; prospects;
personal data; privacy; minors; digital security;
artificial intelligence; GDPR; EdTech; government
agencies; Digital Ombudsman; administrative law.

PRINCIPLES OF THE FUNCTIONING OF SPECIALIZED PROSECUTOR’S OFFICES IN THE CONTEXT OF THE REFORM OF THE PROSECUTION SERVICE OF UKRAINE

L.V. Kotova — Thu, 05 Feb 2026 00:00:00 +0000

The article provides a comprehensive doctrinal
insight into the principles governing the activities of
specialized prosecutor's offices as a distinct level of
concretization of the general organizational principles
of the prosecution service. It is substantiated that the
principle of specialization should be regarded not
merely as an organizational tool, but as an
independent legal principle closely intertwined with
the principle of prosecutorial independence. Emphasis
is placed on the necessity of adhering to the principle
of political neutrality and implementing a meritocratic
approach to staffing as fundamental prerequisites for
developing a professional and autonomous system of
specialized units. Particular attention is devoted to
analyzing the issues of legal regulation concerning the
institutional independence of specialized prosecutors
in the context of Council of Europe standards and the
Venice Commission’s recommendations regarding the
separation of administrative and procedural powers.
The study concludes that the combination of the
principles of unity and specialization facilitates the
transformation of the prosecution service from a
universal structure into an adaptive instrument for
protecting the rule of law, capable of effectively
responding to the complex challenges of modern
crime. The author proposes an approach to
interpreting the activities of Specialized Prosecutor's
Offices in the Field of Defense as a functional element
within the mechanism of ensuring national security
under the conditions of martial law.
Keywords: prosecution authorities, principles,
prosecution service, main models of organization of
the prosecutor's office, prosecutor, specialized
prosecution office, Specialized Prosecutor’s Office,
legal regulation, reform of the prosecution service,
rule of law, principle of specialization, , prosecutor in
the defense sphere, prosecutorial independence,
professional competence, martial law, European
standards

THE TRANSFORMATION OF POLITICAL AND LEGAL DOCTRINES CONCERNING THE STATE AND LAW IN THE CONTEXT OF ARTIFICIAL INTELLIGENCE DEVELOPMENT: THE EUROPEAN FRAMEWORK FOR ARTIFICIAL INTELLIGENCE GOVERNANCE

T.O. Pikulia — Thu, 05 Feb 2026 00:00:00 +0000

The article is devoted to a comprehensive
analysis of the transformation of political and legal
doctrines concerning the state and law under the
influence of the rapid advancement of artificial
intelligence (AI) technologies in the 21st century.
Within the framework of the history of political and
legal teachings, the author explores the evolution of
classical doctrines, focusing on key concepts such as
Jean-Jacques Rousseau’s theory of the social contract,
Thomas Hobbes’s notion of absolute sovereignty, and
John Locke’s liberal ideas of limited government and
natural rights protection. These foundational theories
were inherently anthropocentric, positioning humans
as the sole bearers of political will, moral
responsibility, and rational agency in the organization
of power, state institutions, and legal order.
The emergence and widespread application of AI
systems introduce profound doctrinal challenges.
Autonomous algorithmic decision-making in critical
spheres—public administration, judicial processes,
law enforcement, and social services—raises
fundamental questions about the limits of delegating
authority to non-human entities, the preservation of
state sovereignty in an era of distributed technological
power, and the redefinition of accountability when
decisions stem from opaque "black box" processes
rather than individual human judgment. These
developments compel a reevaluation of traditional
concepts of responsibility (shifting from personalized
to systemic), sovereignty (acquiring a functional
rather than absolute character), and the rule of law in
the context of algorithmic rationality.
The European concept of AI governance,
codified in the European Union Artificial Intelligence
Act (Regulation (EU) 2024/1689)—the world’s first
comprehensive risk-based regulatory framework—
serves as a pivotal case study for this transformation.
As of January 2026, the Act is in progressive
implementation: it entered into force on August 1,
2024; prohibitions on unacceptable-risk practices
(e.g., manipulative social scoring or real-time
biometric identification in public spaces without
exceptions) have applied since February 2, 2025;
obligations for general-purpose AI models (GPAI)
took effect on August 2, 2025; forthcoming milestones
include EU Commission guidelines on post-market
monitoring (Article 6) by February 2, 2026, and full
enforceability of high-risk system requirements from
August 2, 2026 onward, encompassing rigorous
obligations for risk assessment, human oversight,
transparency, robustness, and accountability of
providers and deployers.
This regulatory paradigm represents a novel
doctrinal construct: it preserves core principles of the
rule of law, proportionality, and fundamental rights
protection while introducing a hybrid governance
model that integrates preventive, risk-oriented state
intervention with technological rationality. Central to
this model is the principle of human-centric AI,
ensuring meaningful human oversight and preventing
unchecked algorithmic autonomy.
For Ukraine, amid its European integration
aspirations, adopting elements of this model holds
both normative and doctrinal significance. National
strategies—including the Concept of Artificial
Intelligence Development in Ukraine until 2030 and
the Action Plan for 2025–2026—explicitly prioritize
legislative harmonization with the EU AI Act,
embedding ethical guidelines, security standards, and
innovation promotion. This alignment offers an
opportunity to modernize domestic political-legal
doctrines, fostering concepts such as "digital
sovereignty" and systemic responsibility tailored to
Ukraine’s context.
Employing a comparative historical-legal
method, the author substantiates the evolutionary
character of the ongoing transformation: AI does not
negate or dismantle classical doctrines but enriches
them with a layer of technological governance,
adapting anthropocentric foundations to the realities
of socio-technical systems. The study concludes that a
holistic historical-doctrinal approach is essential for
constructing contemporary theories of state and law
capable of balancing technological progress with the
protection of human dignity and democratic values.
The findings underscore the broader importance
of reconciling innovation with fundamental rights in
the digital age, providing valuable insights for
legislators, policymakers, and scholars engaged in AI
regulation, legal theory, and European integration
processes. Prospects for further research include
empirical evaluation of the EU AI Act’s post-2026
implementation across Member States and candidate
countries (including Ukraine), as well as deeper
exploration of AI’s impact on specific branches of
public law.
Expanded abstract volume: approximately 4800
characters with spaces.
Keywords: political and legal doctrines,
artificial intelligence, AI governance, EU AI Act,
transformation of law, state sovereignty, human
oversight, Ukraine's European integration, risk-based
regulation, digital era.

REGULATORY AND LEGAL FRAMEWORK FOR THE TRAINING OF LAW ENFORCEMENT PERSONNEL AND THE STATE CRIMINAL-EXECUTIVE SERVICE OF UKRAINE IN THE CONTEXT OF EUROPEAN STANDARDS

D.A. Pokryshen — Thu, 05 Feb 2026 00:00:00 +0000

The article provides a comprehensive legal and comparative analysis of the regulatory and legal framework
governing the professional training of law enforcement personnel and the State Criminal-Executive Service of
Ukraine in relation to the multi-level regulatory system of the European Union. The research is based on an
examination of constitutional provisions, sectoral legislation, subordinate and departmental normative acts of
Ukraine, as well as EU regulations defining the activities of CEPOL, Europol, Frontex and Eurojust.
The study identifies significant structural and functional differences between the national model of
professional training, which remains fragmented, predominantly departmental and weakly coordinated, and the
EU approach, which is grounded in multi-level governance, unified competency-based standards, external quality
assurance mechanisms and a strong human rights orientation. The comparative analysis reveals key obstacles to
harmonisation, including the absence of a unified national strategy for law enforcement training, inconsistencies
in educational requirements across different agencies, limited integration of international ethical and human rights
standards, and the underdevelopment of independent quality assessment mechanisms.
Particular attention is devoted to the institutional and methodological mechanisms for implementing
European training standards within the Ukrainian system. The article substantiates the necessity of introducing
competency-based training models, establishing state-level coordination mechanisms, developing internal and
external quality assurance systems, and legally regulating the digital transformation of the educational process in
the law enforcement sector. These mechanisms are conceptualised as practical instruments for overcoming
normative fragmentation and enhancing the institutional capacity of professional training.
The article concludes that the modernisation of the regulatory and legal framework for training Ukrainian
law enforcement personnel must be systemic in nature and based on the integration of legal unification,
institutional coordination and methodological renewal of educational programmes in accordance with European
standards. The implementation of the proposed measures is expected to contribute to the formation of
professionally competent personnel, improve the effectiveness of law enforcement activities, and facilitate
Ukraine’s deeper integration into the European security space.
Keywords: Professional Training; Law Enforcement; European Union Standards; Normative Regulation;
Human Rights.

CERTAIN PROBLEMS OF LEGAL REGULATION OF LABOR RELATIONS OF TRANSPORT WORKERS

R. E. Prokopiev — Thu, 05 Feb 2026 00:00:00 +0000

The article examines and outlines the main problems of legal regulation of labor relations of transport workers. A special block of problems are problems related to the legislative consolidation and practical implementation of legal regulation of labor relations of transport workers. A separate problem is the lack of a clear understanding of the concept of a transport worker and related terms, including: “railway transport worker”, “air transport worker”, “river transport worker”, etc., in connection with which it is proposed to clearly establish the concept of a transport worker in the general law “On Transport” dated 10.11.1994 No. 232/94-VR as “a person who, by his own consent and own desire, agrees to the legal registration of an employment relationship with an employer (an individual entrepreneur or a legal entity - a transport enterprise) on the terms of using his labor with strict compliance with the terms of an employment agreement or contract and with the presence of corresponding mutual rights and obligations between such a person and the employer”. One of the problems is the imperfection of the mechanism for legal regulation of the beginning of an employee’s employment relationship with the employer. The importance of establishing the obligation to conduct an interview with a candidate for a position at the legislative level is indicated. The next problem is the imperfection of the mechanism for calculating and controlling the work of employees who work under an employment contract with several employers, in particular regarding the issue of part-time work at transport enterprises, as well as accounting for the working hours of part-time employees. A clear definition of the list of professions at transport enterprises that do not allow a person to work part-time is proposed. The problems also include the lack of real control over the regulation of the work of employees of transport enterprises, which consists in the fact that individual employees in fact perform several labor functions, but payment and registration of labor relations are carried out as for the performance of one (main) labor function. The conclusion is made about the lack of effective, efficient and unprecedented control over the accounting of working hours of drivers and other employees who work with various mechanisms and equipment, and therefore it is too early and premature to talk about the transparency of the accounting of working hours of such persons at the moment. Separate problems are the rather weak actual participation of trade unions in issues of legal regulation of transport workers, including in resolving labor disputes, as well as the lack of legislative regulation of establishing the maximum age limit for hiring drivers of certain categories of vehicles. In addition, special attention is paid to the issue of the need to take into account the practice of foreign countries, in which persons who have reached a certain age are not allowed to drive vehicles, arguing this with the physiological process of aging and changes in the speed and efficiency of perception of the road situation and response to changes in traffic.

Keywords: employee, legal regulation, transport, labor relations, legislation.

SPECIALIZATION OF THE PROSECUTION SERVICE OF UKRAINE UNDER MARTIAL LAW: EVOLUTION OF THE MODEL, LEGAL CHALLENGES, AND PROSPECTS

M.V Rudenko — Thu, 05 Feb 2026 00:00:00 +0000

The article provides a comprehensive historical,
legal, and institutional analysis of the evolution of
prosecutorial specialization in Ukraine under martial
law, examined through the prism of the constitutional
model of prosecutorial functions, organizational
reforms, and contemporary security challenges
caused by the armed aggression of the Russian
Federation. It substantiates that prosecutorial
specialization represents an objective response to the
increasing complexity of criminal proceedings, the
growing workload of law enforcement bodies, and the
necessity to ensure consistency of prosecutorial
practice in sensitive areas, particularly within the
military and defense sectors. The study covers the key
stages of prosecutorial reform in 2014-2016 and
2019-2021 and assesses the impact of the introduction
of martial law on 24 February 2022 on the internal
mechanisms of specialization within the prosecution
service.
The article demonstrates that the current
prosecutorial system in Ukraine encompasses two
coexisting models of specialization: an institutionally
entrenched model, exemplified by the Specialized AntiCorruption Prosecutor’s Office, and a functional
model shaped by managerial decisions within a
unified prosecutorial vertical. It is argued that the
absence of a legislatively defined typology of
specialized prosecutors’ offices, fragmentation of
investigative jurisdiction, and excessive reliance on
subordinate regulatory acts generate risks of
overlapping competences, fragmented practice, and
erosion of institutional memory. Particular emphasis
is placed on defense-oriented specialization, which
has gained decisive importance under wartime
conditions as a key mechanism for responding to war
crimes, military offenses, and criminal conduct related
to defense procurement and security.
The article further explores the constitutional
and legal limits of prosecutorial specialization, taking
into account the decision of the Constitutional Court
of Ukraine of 3 December 2025 concerning the
representation of state interests in court, which
significantly affects the scope and implementation of
certain prosecutorial functions. On this basis, the
author formulates a set of system-oriented recommendations aimed at enhancing legal certainty
in the regulation of specialized prosecution,
preventing duplication of powers, standardizing
interagency interaction within the security and
defense sector, strengthening the staffing stability of
specialized units, and aligning internal prosecutorial
regulations with constitutional requirements. The
study concludes that effective prosecutorial
specialization under martial law can only be achieved
through a balanced combination of institutional
flexibility, legal certainty, uniform standards of
practice, and robust guarantees of prosecutorial
independence.
Keywords: martial law; military justice; war
crimes, prosecutorial reform; organizational model of
the prosecution service; specialized prosecution in the
defense sector; procedural guidance; prosecution
service; specialized prosecution.

LEGAL CONSEQUENCES OF THE EXPANSION OF THE POWERS OF THE PENSION FUND OF UKRAINE IN THE SPHERE OF SOCIAL PROTECTION

Y.V Sokorynsky — Thu, 05 Feb 2026 00:00:00 +0000

The article examines the legal consequences of
expanding the powers of the Pension Fund of Ukraine
(PFU) in the field of social protection under martial
law and transformations of state policy. The author
conducts a comprehensive analysis of regulatory
changes in the period 2022–2025, which provided the
PFU with additional functions, in particular
regarding the appointment and payment of various
types of social assistance, accounting for beneficiaries
of payments, and interaction with unified state
registers.
Particular attention is paid to the digitalization
of procedures, which contributed to simplifying
citizens' access to services, ensuring transparency of
administration, and reducing the impact of the human
factor. The positive aspects are the introduction of
unified administration standards, unification of
databases, and the possibility of remote interaction
with the PFU bodies through an electronic office.
The author emphasizes that such a
transformation has profound legal consequences: on
the one hand, ensuring unification, optimizing
procedures, reducing the administrative burden, and
increasing the efficiency of public finance
management; on the other hand, the emergence of
challenges associated with the overload of the
functions of the PFU, the loss of specialization, legal
uncertainty at the implementation stage, as well as
limited access to social benefits for vulnerable groups
of the population.
Particular attention is paid to the threat of
violating the principles of specialization of
government bodies and legal certainty, which in the
conditions of the transition period gives rise to
regulatory conflicts, inconsistency of procedures and
the absence of an effective mechanism for protecting
citizens' rights.
The issue of the organizational capacity of the
PFU to perform expanded functions without reducing
the quality of service is highlighted. The article
indicates the need for regulatory improvement of the
legislative framework, the adoption of a special law
on social administration, the creation of mechanisms
for public monitoring of the activities of the PFU and
the strengthening of legal guarantees for vulnerable
categories. The prospects for financial optimization,
which consists in reducing costs through the
elimination of duplicative structures, as well as the
need to harmonize national legislation with
international standards in the field of social security,
are also analyzed.
Based on a comprehensive analysis, it was
concluded that the expansion of the powers of the PFU
is part of a strategic course towards centralization of
the social sphere, which should take into account the
principles of efficiency, accountability, social justice
and digital accessibility. These changes should be
based on legal certainty, respect for human rights and
proper institutional support from the state.
Keywords: Pension Fund of Ukraine, social
protection, state assistance, administrative reform,
martial law, digitalization, public administration,
legal consequences, powers.

HISTORY OF THE FORMATION AND TRANSFORMATION OF THE SPECIALIZED PROSECUTOR’S OFFICE IN THE FIELD OF DEFENCE OF UKRAINE (1991–2025): PROBLEMS AND PROSPECTS

H.V. Tatarenko — Thu, 05 Feb 2026 00:00:00 +0000

The article analyzes the formation and
development of the Specialized Prosecutor’s Office in
the field of defence of Ukraine from 1991 to 2025
through the prism of the evolution of the constitutional
model of prosecutorial functions, reforms of the law
enforcement system, and transformations of military
justice. Particular attention is paid to the correlation
between constitutional principles, sectoral legislation,
and institutional practices in the context of democratic
governance and the rule of law. The key stages of
institutional transformation-from formation and
stabilization to liquidation, restoration, and
subsequent functional reconfiguration-are examined,
as well as their impact on ensuring legality, military
discipline, and the protection of human rights within
the security and defence sector under conditions of
armed aggression and martial law.
It is substantiated that the full-scale war has
significantly exacerbated long-standing systemic
problems within criminal justice in the military
sphere, including institutional fragmentation,
overlapping competences, and weakened procedural
coherence. These challenges have highlighted the
objective need for professional and functional
specialization of prosecutors dealing with crimes
committed in the defence sector. The article identifies
the main legal, organizational, and staffing-related
challenges of the current model of the Specialized
Prosecutor’s Office in the field of defence, such as
incomplete regulatory frameworks, the absence of
specialized military courts, insufficient coordination
with investigative bodies, and кадрові дисбаланси,
спричинені воєнним станом.
The prospects for further development of the
Specialized Prosecutor’s Office are outlined with due
regard to international experience, NATO standards,
and the concept of the «military justice triad»,
emphasizing the necessity of a comprehensive,
institutionally balanced, and constitutionally
consistent model of military justice in Ukraine.
Keywords: military justice; war crimes; military
crimes; prosecution reform; Specialized Prosecutor’s
Office in the field of defense; status of a prosecutor;
prosecution service; law and order

THE NATURE AND POSITION OF CREATIVE WORKERS’ RIGHT TO PROTECTION OF LABOUR RIGHTS WITHIN SYSTEM OF LABOUR RIGHTS

S.V. Tsyhanenko — Thu, 05 Feb 2026 00:00:00 +0000

This article seeks to clarify the content of creative workers’ right to the protection of their labour rights in
Ukraine and to determine the position of that right within the wider system of such workers’ labour rights. Creative
workers possess a corpus of rights as an integral element of their labour status: general (baseline) rights that form
the foundation of the guarantee system and accrue equally to all persons employed under a contract of
employment; special rights flowing from the distinctive legal status of creative workers as a professional category
performing creative functions; and specific rights attaching to creative workers who also fall within protected
categories, such as persons with disabilities or those with particular family responsibilities.
Yet the nominal entrenchment of rights in legislation and contract is not synonymous with their effectiveness
in practice, a disparity that is particularly acute in the creative sector. In the absence of adequate guarantees, the
catalogue of rights risks degenerating into progressive but declaratory provisions; moreover, creative workers
require legally defined and institutionally supported avenues (both human-rights based and law-enforcement
oriented) to confirm the reality of their labour rights whenever these are disputed, unrecognised, or otherwise
called into question.
In these circumstances, the proper guarantee of a creative worker’s right to the protection of labour rights
becomes pivotal: it is an autonomous subjective right belonging to the class of basic employee rights and it
functions as a systemic guarantee that renders all other labour rights effective in fact. In formal terms, the purpose
of this right is to secure the exercise and restoration of violated labour rights and to prevent further infringements.
Conceptually, its purpose is to sustain a condition of socially safe existence that flows from participation in
an employment relationship. It also serves a background aim: the re-establishment of an appropriate level of social
security through the operation of Ukraine’s labour-law regime in the particular employee’s case.
Taken together, these aims underscore the right’s socio-legal significance and confirm that, for creative
workers, the acquisition and exercise of the right to the protection of labour rights is, first, a basic guarantee of
the existence of employment as a socially safe form of legal interaction and, secondly, a specific guarantee of the
proper implementation of the principle of decent work. They also reflect the evolution of modern labour law on
humanistic foundations that unconditionally prioritise the person over production and industrial processes.
Accordingly, the right of creative workers to the protection of labour rights occupies a central position within
the system of labour rights: it is part of the basic (general) corpus of employee rights; it operates both as an
autonomous entitlement and as a guarantee right that renders all other labour rights effective in practice. In
functional terms, it performs instrumental, restorative, safeguarding, and deterrent roles.
Keywords: creative worker, employee, equality, human-centrism, labour law, labour rights, reality of labour
rights, right to protection, social security

ПОРІВНЯЛЬНИЙ АНАЛІЗ СИСТЕМ ПРОФЕСІЙНОГО РОЗВИТКУ ПРОКУРОРІВ: ЄВРОПЕЙСЬКІ СТАНДАРТИ ТА ВІТЧИЗНЯНА ПРАКТИКА

A.I. Karabaza — Thu, 05 Feb 2026 00:00:00 +0000

The article provides a thorough comparative
analysis of prosecutors’ professional development
systems in the context of European standards and
Ukrainian practice. It examines key international
instruments of the Council of Europe, in particular
Recommendation Rec(2000)19 and Opinion No. 9 of
the Consultative Council of European Prosecutors,
which constitute the normative basis for
understanding professional development as an
integral right and obligation of a prosecutor.
The study analyses approaches to the
organisation of the training process, the structure of
continuing professional development (CPD),
institutional autonomy, evaluation procedures for
prosecutors, and the link between training and career
advancement in France, Germany and the
Netherlands. Particular attention is paid to
institutional models (the National School for the
Judiciary (ENM) in France, the Training and Study
Centre for the Judiciary (SSR) in the Netherlands, and
the German Judges Academy – Deutsche
Richterakademie in Germany), which operate
independently of the executive branch and provide a
wide range of initial training and CPD programmes.
A separate section is devoted to the analysis of
the national system of prosecutors’ professional
development formed as a result of the prosecution
reform launched in 2014. The article examines the
regulatory framework, the institutional architecture
(the Qualification and Disciplinary Commission of
Prosecutors, the Training Centre of Prosecutors of
Ukraine, and the Office of the Prosecutor General), as
well as the forms and content of initial training and
advanced professional training. The paper also
describes certification mechanisms, the newly
introduced system of annual performance evaluation
of prosecutors, and challenges related to resource
provision, the organisational autonomy of the
Training Centre of Prosecutors of Ukraine, the
implementation of distance learning and specialised
training courses.
The analysis demonstrates that, despite
Ukraine’s significant progress in developing a system
of prosecutors’ professional development, the national
model requires further improvement in terms of
resource support, institutional autonomy of training
programmes, broader coverage of continuing
education, and a stronger link between performance
evaluation and professional growth. The conclusions
and recommendations formulated in the article may be
used in the further reform of the prosecution service of
Ukraine and in the development of a prosecutors’
training system in line with European standards.
Key words: professional development,
prosecutor, European standards, labour law, labour
relations, human resources, advanced training,
evaluation, Training Centre of Prosecutors of
Ukraine.