Bulletin of Kharkiv National University of Internal Affairs

The main features of military law in Ukrainian lands during the XVIII century

2025-01-25T02:07:36+02:00

The study of Ukrainian military history in general and military law in particular is of paramount importance in the context of Russian aggression against Ukraine. The period of the 18th century occupies a prominent place in Ukrainian history due to the incorporation of Ukrainian lands into other states, primarily the Russian Empire. Codification by the Russian administration was understood as the absorption of Ukrainian law into Russian law and the complete obliteration of the Ukrainian legal tradition. However, Ukrainian codifiers, using the principle of legal continuity, were able to create original legal collections which had an obvious connection with previous achievements in the field of law. It has been established that the focus of regulation of military-legal relations was on the problems of mobilisation, which was applicable to all segments of Ukrainian society. It has been determined that military service has become the main condition for acquiring land ownership. The article enshrines in law the need to abolish the possibility of evading mobilisation by transferring land as a loan, pledge, inheritance, etc. The law required military service by the legal owner of the land. It has been found that the law provided for the possibility of refusing conscription in case of emergency, but even in such circumstances, the landowner had to take care and appoint another serviceman from among his relatives. Moreover, it has been proved that legal norms also regulated the prosecution of military personnel who violated law and order during redeployment, cantonment, and communication with each other and the local population. In addition, it has been shown that the most common universal type of punishment for violation of military laws was a fine, but certain features of the punishment were determined by the social status of the offender – the nobility was deprived of their social privileges as an additional punishment, and lower-ranking soldiers were subject to corporal punishment. Thus, it has been determined that military legal norms paid special attention to the regulation of personnel policy: people who were unconditionally brave, experts in military affairs, and those who enjoyed universal respect were recommended for command positions. Considering all the above circumstances can be useful in developing a new military doctrine of Ukraine and enrich it with invaluable historical experience.

Juvenile delinquency in the 1960s and the activities of the militia to prevent it

2025-01-25T02:08:38+02:00

The article examines the dynamics of juvenile delinquency in the 1960s and the main measures taken by the militia to counteract delinquency of children and adolescents. The state of juvenile delinquency in this period, which tended to increase, is characterised. The main forms and methods used by the militia to counteract this phenomenon are revealed. For this purpose, militia children’s rooms were organised, and public activists were involved in working with “difficult” adolescents. Their activities were based on preventive measures to prevent child neglect and work directly with children and adolescents detained for various offences. Responsibility for organising the fight against child neglect and juvenile delinquency was vested directly in the heads of city, district and line militia bodiesThis meant that this issue was given considerable importance. At the same time, militia children's rooms were directly subordinated to the criminal investigation units. This was due to the growth of juvenile delinquency and the need to counteract it more actively. The intensification of the activities of commissions on juvenile affairs, as stated in the policy documents of the authorities of the time, was also supposed to contribute to this work. Inspectors of the children’s room of the militia were obliged to organise and carry out preventive measures to prevent child neglect, juvenile delinquency and violations of the rules of conduct on the streets and in public places in order to prevent accidents with children, victims of road accidents, fires from fire pranks, crimes and anti-social behaviour by children and adolescents themselves in the territory served. The presence of a large number of crimes committed by juveniles indicated significant shortcomings in the militia's activities in this area, but the objective root cause of such phenomena was the social conditions of life in the USSR.

Procedural Law of Ancient Rome in the Imperial Period

2025-01-25T02:10:13+02:00

The scientific study is devoted to the consideration of procedural law in ancient Rome during the reign of the kings. It is noted that scientific research is usually devoted to the problems of substantive law, both civil and family law, and procedural law and its institutions have been considered by legal scholars much less frequently. The article examines the governing bodies of the Roman State, namely, the People’s Assembly, the king (rex) and the Senate. It is noted that at any time the People's Assembly could remove the king from office, i.e. he cannot be called an absolute monarch. The king was a military commander, a priest, who dealt with the day-to-day management of the polis-state and acted as the supreme judge. The boundaries of the governing bodies of Ancient Rome, their competence and powers were established by custom. Customs were the first source of law in ancient Rome, which regulated relations within the family and community with the help of religious norms and social principles. Later, customs were recognised and enforced by the state. The collection of the most widespread and applied customs, the Laws of the XII Tables, was approved by the People's Assembly in 451–450 BC.

The study describes the procedural order of consideration of civil and criminal cases. It is determined that the Roman criminal procedure concerned only the quirits, which constituted a small number of Roman citizens. The second group of the population was made up of commoners – plebs, the third group of the Roman population was clientis, and the fourth – slaves. The subjects and allies of Rome, a huge mass of slaves, whose number was many times higher than the number of Roman citizens, were subject to trial in a simplified manner, and slaves were generally subject to extrajudicial proceedings.

The originality of the Roman procedural law of that time is examined, and it is concluded that it had many common general features with the legal process of the first, initial stage of the aristocratic republic, which is more fully and reliably known in science.

Court costs as an element of the mechanism of ensuring access to justice

2025-01-25T02:12:24+02:00

The right of access to justice is considered as an international standard for judicial protection of rights, along with the ways in which court costs can be used for regulatory purposes. The article explores the role of court costs as a critical element in the mechanism for ensuring access to justice, a fundamental principle of democratic societies. Access to justice is a cornerstone of the rule of law, guaranteeing individuals the ability to protect their rights and interests through legal mechanisms. However, court costs, including filing fees, procedural expenses, and other associated charges, often create barriers that limit equal access to the judicial system, particularly for economically disadvantaged individuals.

Authors highlight the multifaceted nature of court costs, emphasizing their dual role: on the one hand, they are essential for maintaining the financial sustainability of judicial systems; on the other, they can impede individuals' ability to seek justice.

Special attention is given to mechanisms for mitigating the negative impact of court costs, such as exemptions, reductions, and state-funded legal aid. The study also addresses the procedural abuses that can increase court costs unnecessarily, such as the submission of frivolous claims or motions by parties to delay proceedings.

The article proposes practical recommendations for optimizing the system of court costs, ensuring their transparency and fairness while balancing the financial needs of the judicial system with the principle of access to justice. These recommendations include improving legislative frameworks, introducing clear criteria for cost exemptions, and enhancing public awareness about available financial support mechanisms.

Juridical facts in housing law

2025-01-25T02:15:30+02:00

The article is focused on defining specific features of juridical facts in housing law. The relevance of the research topic is stipulated by modern challenges, in particular, military actions. Thus, there are new legal relations regarding compensation for destroyed housing, in regard to internal displacement. These juridical facts require separate scientific research in the field of housing law. The purpose of the article is to define juridical facts of housing law considering modern challenges. Achieving the research purpose became possible through the usage of a set of general scientific and special methods of scientific cognition, in particular, the dialectical, axiological, structural and logical, formal and legal methods were used. Juridical facts in the field of housing law are the dynamic legal category that is constantly being changed and updated under the influence of various external factors. Juridical fact related to the technical conditions of housing is of particular importance among them. Recognition of housing as uninhabitable serves as the basis for terminating legal relations related to ownership or residence and at the same time becomes a legal-based fact for realizing the rights to compensation, replacement, etc. It is especially relevant in terms of the martial law, when destruction of housing due to hostilities acts as a juridical fact that terminates the right to ownership or residence because of destruction, damage or loss of fitness for usage. As a result, new legal relations are formed, which are aimed at restoring housing rights, receiving compensation or providing new housing. It is worth noting that terminating and legal-based juridical facts in housing law are closely interrelated that determines their systemic interaction. It has been emphasized that specific feature of juridical facts in housing law is stipulated by the fact that a set of juridical facts is necessary in most cases for their emergence and termination. Thus, both the termination and emergence of housing legal relations are conditioned by the presence of a juridical fact of moving in or eviction from housing. The fact of moving in is the confirmation of the emergence of housing legal relations. The termination of housing legal relations is accompanied by the juridical fact of eviction from housing.

Specific features of succession of a share in the right to joint tenancy

2025-01-25T02:17:18+02:00

The article is focused on clarifying specific features of the succession of a share in the right to joint tenancy, which is done in two stages. First, there is transformation of the legal regime of property – joint tenancy is modified into tenancy in common. And only after that, the share of the deceased co-owner is acquired by his/her lawful heirs within the inheritance procedure. Due to this fact, the author of the article has expressed own position that the object of succession is a share in the right to tenancy in common, but not to joint tenancy.

If there is no disputes, the registration of the share of the deceased co-owner should be carried out by his/her lawful heirs under a notarial procedure, but not by applying to the court with a claim to determine the share in the right to joint tenancy.

The legal presumption of shares’ equality in the right to joint tenancy in case of the death of one of the co-owners cannot be refuted on the basis of the agreement between the co-owners or by the court decision. It is grounded by the fact that hereditary legal relations arise as a result of the death of a participant in joint tenancy, and therefore the division of such property is carried out without his/her participation.

If other co-owners in the right to joint tenancy are involved into succession procedure, then the provision on the preferential right of certain lawful heirs to allocate inherited property in kind shall be applied. This preferential right is characterized by limited application to those cases when, first of all, several lawful heirs who accepted the inheritance are involved into succession procedure and, secondly, there is no division of the inheritance in the last will and testament. The exercise of this right does not entail an increase in the inheritance share of the lawful heir who was a co-owner of the joint tenancy together with the ancestor, but only provides priority in acquiring the right of ownership to certain property within the succession procedure.

An exception to the general rule on the succession of a share in the right to joint tenancy is the construction of the last will and testament of the spouses, which provides for a special mechanism for acquiring the right of ownership to the property by the second spouse, in respect of which such last will and testament is drawn up.

The concept of civil law incentives

2025-01-25T02:20:55+02:00

Civil law incentives are characterised by both general legal and sectoral (specific) features. The dialectical combination of these features determines the civil law image of the category of “incentives”, which may be represented by the following provisions.

In Ukrainian civil law, incentives are a type of legal means intended to positively ensure the fulfilment of obligations and other civil duties.

Civil law incentives may be established not only by law, but also by agreement of the parties to civil legal relations themselves, which allows them to determine and implement the most appropriate incentive legal regime to ensure the fulfilment of the relevant obligations.

The positive enforcement effect of civil law incentives is manifested in the fact that they influence the will of duty-bearers not through the threat of negative property consequences (especially negative personal consequences), but by means of a proposal expressed in the provisions of law or in the terms of contracts to perform a “meritorious” duty (duties) in exchange for receiving an incentive benefit.

In contrast to the use of incentives in disciplinary legal relations, the provision of incentive benefits to “meritorious” performers of civil duties does not lead to a change in their civil status; incentive benefits in civil law are mainly associated with the occurrence of positive property consequences for ‘meritorious’ subjects (provision of monetary or other property rewards, cancellation of property liability, etc.) In the context of organising and conducting competitions, winners may also be awarded moral incentives.

All parties, not just the party to whom the incentive is applied, are interested in the positive consequences of the use of incentives in civil legal relations. This is especially evident in contractual relations of obligation.

The regulatory (security) function of civil law incentives is associated with the legal formalisation of achieving, first and foremost, private interests. The same conclusion applies to the educational function of this type of legal incentives.

The place of the State Bureau of Investigation in the system of state law enforcement agencies of Ukraine

2025-01-25T10:49:18+02:00

The article describes the place of the State Bureau of Investigation in the system of state bodies of Ukraine, in particular, the content of the categories “state bodies” and “public authorities” is defined, the system of state bodies is outlined, and the specifics of law enforcement agencies are clarified. It is noted that state bodies (public authorities) are characterised by their own specific features, among which the following are distinguished: a set of state bodies form the apparatus of the State, and therefore each of them is one of the elements of the integral system of the State apparatus; they are created and operate on the basis of relevant regulations, in the person of one person (citizen) or a group of citizens; each structural unit (state body) is endowed with unique powers of state power; they are created with the aim of performing tasks and It is also emphasised that the State Bureau of Investigation is a law enforcement agency.

Therefore, the place of the State Bureau of Investigation in the system of state bodies is determined by its legal status as a central executive body, as evidenced by the specifics of its activities, since it was established for the special purpose of preventing and combating crimes committed by special categories of subjects, as well as war crimes, which is consistent with the law enforcement function of the state and has nothing to do with either legislative or judicial activities; as a law enforcement agency in view of the fact that its main and, in fact, the only task is to counteract criminal offences within its competence; as a state body with a special status, as evidenced by its tasks, powers and the fact that it carries out its activities independently and independently of other executive authorities in the organisational and functional aspect.

Directions for improving the regulatory framework for the use of discretionary powers by law enforcement agencies in administrative legal relations

2025-01-25T15:57:14+02:00

The article notes that limiting the discretionary powers of law enforcement agencies through the implementation of legislative provisions which would detail and set the limits for the application of these powers is seen as one of the primary tasks for these institutions to comply with the rule of law and is considered to be the main leitmotif of the process of improving the regulatory framework for the use of discretionary powers by law enforcement agencies in administrative legal relations.

The emphasis is placed on the fact that recently, in the activities of law enforcement agencies, including administrative law enforcement, there have been such negative trends as concealment of offences, corruption, bribery, and dishonest behaviour of officials. Such a situation, which is the result of sometimes unlimited use of discretionary powers by these entities, creates a huge public outcry, reduces the level of public confidence in the law enforcement system of the State as a whole, and destabilises society, which is especially dangerous in wartime. It is noted that the primary task in the process of solving the described problems and minimising the adverse effects of decisions made by law enforcement officials in the course of administrative discretion is to develop a targeted legislative policy aimed at optimising the limits of discretionary powers by establishing the necessary legal framework for their exercise.

It is also emphasised that in order to implement these initiatives, it is necessary to increase the effectiveness of measures to improve the rulemaking technique, i.e., the set of technical and legal means, methods, techniques and methods by which a draft legal act is created. The paper proposes that when developing and adopting new acts, it is mandatory to introduce the most complete and accurate definition of the terms (concepts) used, especially those involving the use of discretionary powers. It is concluded that it is advisable to provide for the level of bodies (officials) which are granted the relevant discretionary powers in the regulations.

Criminological examination of law acts and their drafts in the system of measures to combat corruption crime in the security and defense sector of Ukraine

2025-01-25T16:30:22+02:00

The article is devoted to the study of the essence, purpose of criminological examination of regulatory legal acts and their drafts as a tool for combating corruption crime in the security and defense sector of Ukraine. A narrow and broad understanding of the specified examination is proposed. It is established that criminological examination as such is broader in subject matter, functions, objectives, and applied significance than anti-corruption. The latter is one of the types of criminological. The position is substantiated, according to which regulatory legal acts and their drafts, which regulate social relations both directly in the sphere of activity of entities of the security and defense sector of Ukraine, and of entities related to it (for example, medical and social expert commissions, which are built into the mechanism for implementing mobilization measures and affect the personnel potential of the Armed Forces of Ukraine) should be subjected to both anti-corruption and criminological examination.

The main tasks of criminological examination of regulatory legal acts and their drafts as a means of combating corruption crime in the security and defense sector of Ukraine are identified, which include: identifying defects in the legal regulation of control mechanisms for the implementation of the powers of security and defense sector entities; identifying regulatory prerequisites for committing corruption criminal offenses using discretionary powers; identifying shortcomings (poorly defined concepts, contradictions, duplication of powers, discretionary provisions) in regulating the implementation of control and supervisory procedures, receipt, registration, circulation, write-off of property in the field of activity of security and defense sector entities of Ukraine; identifying discrepancies between the real needs of legal entities and the existing legal mechanisms for their satisfaction and implementation, which determines the request for the existence of compensatory corruption practices; identification and neutralization of legal corruption factors in the mechanisms of defense procurement, in particular through non-tender procedures, as well as at the stages of placement, execution and acceptance of the results of the defense order for repair and restoration work on military equipment and weapons systems.

Criminalistics characteristics of arms trafficking offences committed by organised groups and criminal organisations

2025-01-27T12:41:01+02:00

The article identifies which criminal offences fall into the category of those related to illicit arms trafficking and are the most common in the recorded proportion of criminal offences committed by organised groups and criminal organisations. These include, in particular, criminal offences under Articles 201, 262, 263, 263-1, 264, 410, 411 of the Criminal Code of Ukraine. The author also emphasises the need to include here also those crimes provided for in Articles 269 and 440 of the Criminal Code of Ukraine, but given that they are not common in the recorded number of crimes and criminal offences, it is justified that it is inexpedient to study them in depth.

The elements of the forensic characterisation of crimes in the field of illegal arms trafficking committed by organised groups and criminal organisations which have significant forensic significance include: the method of committing the crime, the object of the crime, the circumstances of the crime (including the situation at the scene), traces, characteristics of the leader and other members of the criminal association.

It is established that the method of committing crimes in the field of firearms trafficking involving organised groups and criminal organisations is a full-structured one. It is also found that in most cases it includes actions of preparation, direct commission and concealment. Moreover, it is determined that the setting of these crimes includes information about the place and time of preparation for the commission of a criminal offence, as well as the setting of the place of commission and concealment. However, it is emphasised that the trace picture is not always characterised by a significant number of material traces, but it is characterised mainly by ideal traces-reflections preserved in people's memory. With regard to the characteristics of the personalities of criminal groups, the author emphasises that this issue is quite complex and therefore requires further research.

Participants in criminal proceedings: problematic issues of classification

2025-01-27T12:50:15+02:00

The article analyzes the conceptual approach that was used by the legislator to classify participants in criminal proceedings. It is noted that the current classification into participants in criminal proceedings and participants in judicial proceedings looks very illogical, since the concept of criminal proceedings also includes judicial proceedings as a separate stage. In addition, the specified classification groups do not include a court and an investigating judge, but the secretary of the court session and the court administrator are present. The purpose of the article is to formulate proposals for improving the classification of participants in criminal proceedings on the basis of clarifying the functions they perform and taking into account the rights granted to them and the duties assigned to them. To achieve the set goal, the following main scientific tasks were solved: to analyze the norms of the Code of Criminal Procedure of Ukraine regarding the determination of the status and classification of participants in criminal proceedings; to analyze scientific publications after the adoption of the Code of Criminal Procedure of Ukraine in 2012, devoted to participants in criminal proceedings; using a systemic approach to determine the connections between participants in criminal proceedings with their distribution by stages of criminal proceedings and functions performed.

Taking into account the fact that the institute of participants in criminal proceedings with their distribution into parties and other participants is a novelty in domestic criminal procedural legislation, it is proposed to consider the problem of their classification based on the application of a systemic approach. In particular, a classification of participants in criminal proceedings is proposed, built on the basis of the use of two bases – stages of criminal proceedings and the nature of the functions performed by participants in criminal proceedings. In the author's view, this makes sense from several points of view: 1) clarity in determining the regulatory and legal status of participants in criminal proceedings; 2) use of a systemic approach in scientific research; 3) performance of didactic tasks when teaching a training course on criminal proceedings.

Explosives and their compositions in the Russian-Ukrainian war

2025-01-27T15:25:37+02:00

The article investigates modern explosives and their compositions used in the Russian-Ukrainian war since the spring of 2014, taking into account new means of destruction that appeared after the full-scale invasion of 2022. The main object of the study is explosives fitted to ammunition of the armed forces of Russia and Ukraine according to the markings on the cases. The purpose of the study is to expand knowledge about the nomenclature of explosives and their compositions used during the Russian-Ukrainian war.

The purpose of the article is to analyse the scientific literature, Internet sources, photos and videos posted on social media regarding explosives in the Russian-Ukrainian war. The scientific novelty of the article lies in the identification of new labels and characteristics of explosives used in the conflict and their comparison with already known explosives. The author analyses the technical characteristics, economic factors and availability of explosive components. The latest explosives have advantages in terms of production speed and availability, which makes them important in the context of a shortage of raw materials, reduced production capacity and scientific and technical base. A comparison of modern explosives with those used in the past to better understand their effectiveness and potential risks if detected.

The conducted analysis of photo and video materials with the use of ammunition in the course of hostilities on the territory of Ukraine revealed new markings of equipment with explosive ammunition. The economic aspects of the explosives production are considered, taking into account the issues of reducing the cost of production and using cheaper materials. It is concluded that the technological development of the defence industry and its adaptation to the conditions of long-term combat operations are of great importance.

Application of expert opinion in investigation and proof of criminal offences against justice

2025-01-27T15:26:55+02:00

The article substantiates the thesis that an expert opinion is one of the sources of proof in criminal offences against justice. It is established that the possibilities of expert research in this category of cases are mainly aimed at proving certain circumstances which occurred in the past, and the confirmation of which is a sufficient basis for establishing the fact that a person encroaches on the normal (lawful) activities of justice authorities and obstructs the conduct of legal proceedings, i.e., expert tasks are mainly aimed at investigating the method of unlawful conduct.

Forensic examinations aimed at identifying the perpetrator are atypical in their investigation, since in most cases the identity of the latter is reliably known. Based on the generalisation of case law materials, the author determines that for this category of cases, it is typical to appoint the following examinations: forensic psychiatric examination, handwriting examination, technical examination of a document, etc.

The author emphasises that law enforcement practice needs to be improved in the context of developing unified approaches to the grounds sufficient for a person to undergo a forensic psychiatric examination. Since the existing legislative approach does not define such grounds in detail, and given the presumption of mental health, the task of ensuring their unambiguous interpretation in law enforcement practice is urgent.

In addition, it is determined that typical examinations also include handwriting examination, the objects of which are primarily protocols of procedural actions, official documents containing forged signatures or false text. Another typical method used in the investigation of criminal offences against justice is the technical examination of a document, which is aimed at confirming/refuting the fact of its forgery. The author believes that further research on the issues raised should be aimed at identifying typical mistakes made by the inquiry and investigation authorities which affect the ability to solve expert tasks in this category of criminal offences.

Representation of an aggrieved legal entity that has suffered damage as a result of a criminal offence at the stage of pre-trial investigation

2025-01-27T15:30:14+02:00

The article defines the concept and essence of representation of a legal entity in respect of which a criminal offence or a socially dangerous act has been committed. It is proposed that representation of a legal entity in respect of which a criminal offence or a socially dangerous act has been committed should be understood as a type of procedural activity of a legally authorized entity whose powers are duly certified and consist in ensuring the exercise of rights and obligations of this legal entity. It is determined that the essence of the activities of a legal entity's representative corresponds to the activities of a victim in criminal proceedings, since the involved representative enjoys the rights and obligations guaranteed by law to the victim. That is, at the stage of pre-trial investigation, he or she is authorised to file statements and complaints, submit evidence, participate in investigative (search) and procedural actions, receive copies of criminal proceedings and procedural decisions, etc.

This article establishes that representation of legal entities in criminal proceedings requires two grounds: factual, which implies that a criminal offence has been committed against a legal entity which caused property damage, and legal, which implies the existence of a relevant document provided for in Part 3 of Article 58 of the CPC of Ukraine, by which a specific person is authorised to take actions aimed at exercising the rights and legitimate interests of a legal entity.

The textual analysis of the provisions of Part 1 of Art. 303 of the CPC of Ukraine provided the basis for stating that the wording used by the legislator in paragraph 1, in particular, regarding the possibility of appealing against the inaction of an investigator, detective, or prosecutor, which consists in the failure to perform other procedural actions which he or she is obliged to perform within the time limit specified by the CPC of Ukraine, is incorrect. The emphasis is placed on the fact that, given the laws of formal logic, it may be subject to an extended interpretation, and therefore is the basis for the formation of ambiguous case law. In addition, the typical mistakes made by persons involved in representation of a legal entity are summarised.

Civil defendant representation in criminal proceedings

2025-01-27T15:31:32+02:00

The article determines that a representative of a civil defendant may be involved in criminal proceedings after a civil claim is filed, and if it is established that the defendant is proper, it becomes possible to exercise the right of a civil defendant to representation.

At the same time, a number of legislative acts provide for the circumstances when civil liability is borne by another person, and this should be taken into account at the stage of assessment of a civil claim, and the study establishes that, as a general rule, the status of a civil defendant in criminal proceedings is acquired by an individual or legal entity which, by virtue of law, bears civil liability and which should be taken into account at the stage of assessment of a civil claim.

The main areas of activity of a civil defendant’s representative are summarised as follows: 1) identifying other co-defendants if the damage was caused by the actions of more than one person; 2) checking whether the representative of the civil plaintiff has sufficient grounds to represent the interests of the state, a minor, incapacitated or partially incapacitated victim; 3) filing an objection to the claim, provided that there are sufficient grounds and the defendant is not properly identified; 4) recognising the claim in whole or in part based on a thorough study and analysis of the text of the civil claim; 5) assessing the nature and amount of claims, including material claims, set out in the claim, determining their objectivity and relevance to the circumstances of the case, the reliability and sufficiency of evidence provided in support of them in order to formulate an appropriate legal position; 6) finding out whether any person has previously compensated for the damage caused; 7) verifying the validity of actions taken by the prosecution to secure the claim, etc. Given these areas of activity of the civil defendant's representative, the author concludes that in general, this participant in criminal proceedings performs the following functions: informational, supportive and protective. Prospects for further research are to develop proposals for improving current legislation in terms of balancing the procedural statuses of a civil plaintiff and a civil defendant in criminal proceedings.

Typical forms of counteraction to the investigation of criminal offences related to interference with the activities of public authorities

2025-01-27T15:42:56+02:00

The article substantiates the position that counteraction to an investigation is a complex phenomenon which may encompass various forms of behaviour implemented by interested parties with the aim of preventing detection of a criminal offence, and making it impossible to fulfil the tasks of criminal proceedings.

It is found that during the investigation of criminal offences related to interference with the activities of representatives of public authorities, suspects most often implement the following forms of behaviour as ways to counteract the investigation: 1) refuse to testify; 2) give false testimony; 3) hide from pre-trial investigation authorities; 4) fail to appear when summoned by the investigator, prosecutor, investigating judge; 5) exert influence on the victim, witnesses, refuse to provide biological samples, handwriting, voice samples, etc.

It is established that other interested persons at the stage of pre-trial investigation of criminal offences of the type under study most often implement the following forms of behaviour to counteract the investigation: exerting influence on participants to criminal proceedings; implementation of actions to conceal crimes, including: staging, falsification, disguise, destruction, etc.; giving false testimony; disclosure of the secret of pre-trial investigation; refusal to provide biological samples or samples of handwriting, voice, etc.; delaying the pre-trial proceedings, delaying the pre-trial investigation, for example, by ignoring the investigator's calls, prolonged familiarisation with the criminal proceedings; failure to appear when summoned; failure to fulfil procedural obligations acquired in connection with obtaining the relevant procedural status in criminal proceedings; hiding from the pre-trial investigation authorities, etc. It is also emphasised that the prospects for further research should be to identify effective ways to overcome the following forms of resistance to investigation.

Determination of the market value for goods in the process of forensic commodity expertise

2025-01-27T15:45:05+02:00

The article deals with the important issue of determining the market value of goods in forensic commodity expertise. This process is crucial for ensuring the objectivity of court decisions in commercial and civil disputes. The study focuses on the development of methodological approaches that allow obtaining accurate valuation results despite economic instability and unpredictable market changes.

The emphasis is placed on the need to create unified valuation methodologies that include comparative, cost and income methods. The combination of these approaches increases the objectivity and reliability of expert opinions, especially when the use of one method is limited by the specifics of the product or the lack of comparative data. In an unstable economic situation and under the influence of external factors, such as military operations, the unification of valuation approaches and the integration of modern digital technologies are becoming particularly relevant. This allows not only to increase objectivity, but also to automate the process of analysing market data, which helps speed up expert procedures.

The article highlights the problems that arise when performing examinations in the absence of access to goods, for example, due to their destruction or presence in the occupied territories. In such cases, retrospective valuation methods are used, which take into account the economic situation at a certain date in the past. It is also noted that the integration of international experience will help to improve the efficiency of forensic commodity expertise in Ukraine and ensure that expert activity complies with international standards.

Finally, the study provides proposals for improving the regulatory framework for expert activity and introducing innovative technologies, which allows solving current problems of market valuation under martial law.

Classification and determination of the tobacco raw materials authenticity during the forensic examination

2025-01-27T15:46:48+02:00

The scientific article examines the peculiarities of classification (botanical, geographical, commodity, international); requirements for the quality of tobacco raw materials and their safety for human health and life, as well as requirements for packaging and labelling in order to improve the examination of tobacco raw materials. Methodological recommendations for determining the authenticity of tobacco raw materials have been developed, which can be used in practical work by customs officers when conducting an examination of goods of group 24 of the Ukrainian Classifier of Goods for Foreign Economic Activity. The identification tasks of the commodity expertise of tobacco raw materials (identification of the type of tobacco, establishment of the grade, quality control, determination of the degree of processing, analysis of aroma and taste) are defined. Modern methods of analysis are presented, in particular, instrumental methods used to establish quality and safety indicators (visual inspection, microscopic analysis, chemical analysis, physicochemical methods, gas chromatography and mass spectrometry, spectral analysis). These methods allow to examine tobacco raw materials at the molecular, chemical and morphological levels to obtain objective information about its quality, safety and other characteristics that may be important in litigation. The article provides a systematisation of information on the characteristic defects of tobacco raw materials, namely: mould, rot, drying, cracking, deformation (these defects may arise as a result of various factors, such as climatic conditions, methods of growing, storing and processing of tobacco raw materials). Defects that are characteristic of low-quality products with signs of spoilage: impurities and contamination, mould, rot, drying out, cracking. The mechanism for conducting a forensic examination of tobacco raw materials with the aim of objective assessment of quality, safety and other characteristics is described.

Criminalistics classification of criminal offences in the field of economic activity

2025-01-27T15:48:03+02:00

The article determines that the group of criminal offences in the field of economic activity is numerous, and despite a number of common features, it is still quite diverse both in terms of the specifics of the object of the offence and the methods of commission, as well as other features. In addition, the study analyses the typical approaches of criminal law scholars to the classification of crimes in the field of economic activity.

Based on the generalisation of theoretical approaches to the forensic classification of criminal offences, it is justified that there is a need to apply an approach which, in terms of studying legal phenomena through the use of the classification method of cognition, provides for simultaneous consideration of criminal law features which are considered to be basic and forensically significant features.

The generalisation of scientific approaches to the forensic classification of certain groups of criminal offences in the field of economic activity has made it possible to identify the basic grounds for their differentiation. With this in mind, the main classification criteria for criminal offences in the field of economic activity include: 1) the type of economic interests that have been harmed; 2) the status of the entity (in the field of economic relations) in respect of which the criminal offence was committed; 3) the type of tools and means used; 4) the type of economic activity and industry in which the entity is engaged; 5) the form of complicity of the perpetrators of the crime 6) characteristic features of the perpetrator's personality; 7) a method of commission; 8) the characteristics of the object of the offence and the social relations to which the damage is caused; 9) the amount of damage caused; 10) the type of violence used; 11) the legal regime during which the criminal offence was committed; 12) the type of consequences that occurred. Additional criteria are proposed to include the purpose and motives of the perpetrator or a group of persons involved in the commission of a criminal offence, the existence of preparatory actions, etc.

The legal relevance of unilateral copyright statements on websites

2025-01-27T15:49:35+02:00

The presented study is aimed at determining the current state of the legal context and legal consequences of the formulation of certain components of unilateral copyright statements on websites. In the research process, such methods as analysis and synthesis, induction and deduction, methods of generalization, study of documentation and methods of descriptive statistics were used.

In order to interpret various options of legal aspects of the use of the mentioned statement, an empirical study was conducted which included the study of the main web pages of scientific institutions that receive state support in 2024. The study was conducted in November 2024. The web page availability and order validity with marker “valid” filters were used. The original sample was reduced because about 10 % of the websites listed in the document were not functional and some appeared twice in the document. The final sample consisted of 121 websites.

The choice of websites of scientific institutions is justified by two factors: the specifics of the activity, which involves the generation of large volumes of original works and the paradigm of open science which imposes new requirements on copyright management.

It has been established that the use of a unilateral copyright statements is quite complex and debatable. Trends in the wording of copyright statements on websites belonging to Ukrainian scientific institutions have been determined. The legal context and legal consequences of the formulation of certain components of unilateral copyright statements on websites in the projection of current regulation have been established. Based on such data, a generalized assessment of the legal responsibility of website owners in the context of the raised issue has been provided. The prospect of further exploration is to investigate the behaviour patterns and the level of legal responsibility of users in connection with unilateral statements of website owners.

The role of mediation in the activities of law enforcement bodies

2025-01-27T15:51:18+02:00

The article is devoted to the study of such an alternative method of dispute resolution as mediation. Mediation is currently a very popular way of resolving conflicts and is beginning to be introduced into all spheres of human life. Mediation is conducted by mutual consent of the mediation parties, taking into account the principles of voluntariness, confidentiality, neutrality, independence and impartiality of the mediator, self-determination and equality of rights of the mediation parties. The principles of mediation extend to the stage of preparation for mediation.

The author of the article emphasizes the peculiarities of legal mediation, which is determined primarily by its object, subject, concept and task. Regarding the activities of the National Police, it will be appropriate to use legal mediation, the task of which is to neutralize the legal conflict; achieving reconciliation of the parties to the dispute, etc. The article shows that foreign countries are actively using police mediation, especially with a view to resolving disputes between individuals and police officers. Among the advantages of using the mediation procedure in the case of complaints against police officers, the following aspects are highlighted: psychological comfort of the process, absence of restrictions on the subject matter of the dispute, the ability to influence the outcome, and confidentiality of the procedure. This, in turn, will contribute to: increasing the level of trust in the law enforcement system as a whole; to prevent disciplinary sanctions for the police officer and, accordingly, the occurrence of negative consequences for advancement on the career ladder; increase efficiency in comparison with disciplinary proceedings; economy, etc. Moreover, the peculiarities and positive aspects of the introduction of such a procedure in Ukraine are presented.

Psycholinguistic analysis of persuasive effectiveness in court speeches: theoretical foundations and linguistic aspects

2025-01-27T15:53:02+02:00

The article is devoted to the psycholinguistic analysis of the persuasive effectiveness of court speeches, in particular, the theoretical foundations and linguistic aspects of this process. The key elements of language used in court discourse are considered, with an emphasis on their influence on the thoughts, emotions and decisions of the participants in the process.

Despite the significant number of studies on rhetoric in the legal context, the psycholinguistic impact of language techniques on the cognitive and emotional reactions of participants in court proceedings remains insufficiently studied. The article focuses on the analysis of the effectiveness of various linguistic techniques, such as metaphors, epithets and repetition, as well as their ability to influence the perception of evidence and arguments.

Particular attention is paid to the role of language in shaping legal consciousness and decision-making in court. This study fills a gap in knowledge about how language strategies contribute to effective persuasion and how their study can improve legal practice and the quality of trials.

The article analyses how the psycholinguistic aspects of language are used to manipulate the emotions and cognitive processes of participants in the trial, in particular, judges and jurors. It is noted that the language of court speeches performs not only an informational but also a persuasive function, since it can influence the emotional state of listeners, modify their opinion about evidence and arguments, and form a general perception of the case. Particular emphasis is placed on the study of the effectiveness of such linguistic techniques as emphasis on emotionally charged words, rhetorical questions, the use of metaphors and other stylistic devices that increase the strength of argumentation.

Given these factors, the author proposes an interdisciplinary approach to the study of persuasion in courtroom speech, combining elements of philology, legal psychology and communication sciences. The results of the study may be useful not only for academics but also for legal practitioners, as they provide specific recommendations for improving the effectiveness of courtroom speeches. Therefore, the article contributes to a deeper understanding of the role of language in court proceedings and opens up new opportunities for improving legal practice by optimising language strategies.

Technologies of psychological rehabilitation of a personality after traumatic events (on the example of the rehabilitation programme for psychologists of the security and defence sector of Ukraine)

2025-01-27T15:54:38+02:00

Today, psychologists in the security and defence sector of Ukraine work in extremely difficult conditions, providing psychological support to the military, who face various stressful situations. The full-scale war has created a unique situation where people in helping professions (psychologists, psychotherapists, social and medical workers, volunteers, etc.) experience a common trauma with the people they help. Psychologists who work in war and provide assistance to victims of traumatic events experience emotional (professional) burnout, secondary traumatisation and a number of negative mental states that are currently poorly understood. Given the impossibility of reducing the professional burden on people in these professions, the issue of developing and implementing a special multicomponent psychological recovery programme aimed at maintaining psychological health and preventing emotional burnout syndrome and secondary trauma in professionals in helping professions becomes relevant.

The article presents a detailed description of the author’s programme of social and psychological rehabilitation of psychologists in the security and defence sector of Ukraine “The Way to Victory”. The main goal of the programme is to update the existing and search for new resources to strengthen stress resistance and restore the strength of participants, mastering new methods of preventing professional burnout of psychologists.

The programme lasts a week and includes five consecutive blocks: 1) getting acquainted and getting into a new experience; 2) actualisation of problematic issues, peculiarities of experiencing stressful and traumatic situations; 3) grief and loss; 4) prevention and overcoming professional burnout; 5) acquiring resources.

The developed programme will help psychologists in the security and defence sector of Ukraine to improve their own stress resistance, restore psychological health, and accumulate resources to prevent professional burnout.

Leader’s management decision-making style and emotional intelligence of higher education students studying in the speciality “Law Enforcement”

2025-01-27T15:56:48+02:00

Leadership qualities are a complex set of cognitive properties, personal qualities and behavioural skills. It is relevant to study how the leader's style of decision-making and emotional intelligence abilities are related to future law enforcement officers.

The empirical study involved 40 higher education students studying in the senior years of the Military Law Institute of the Yaroslav Mudryi National Law University, specialising in law enforcement.

The following psychodiagnostic techniques were used: the questionnaire “Assessment of Management Decision-Making Styles” and the test “Emotional Intelligence”. Statistical processing of the data was carried out using Spearman’s rank correlation and Mann-Whitney U test.

Three styles of managerial decision-making were identified in the surveyed cadets: 35 % had a conniving style, 25 % had a marginal style, and 20 % had a situational style. The other participants of the study did not have a leading style of managerial decision-making.

It has been found that the highest level of emotional intelligence is in the group of respondents with the style of managerial decision-making “indulgence”, and the lowest level of emotional intelligence is in the group of cadets with the situational style of managerial decision-making. It has also been revealed that a leader with developed emotional intelligence is not focused on emphasising his or her status as a leader, but, on the contrary, provides a certain freedom of action to his or her subordinates.

It has been noted that the developed components of emotional intelligence are important, but not decisive, for making managerial decisions by future law enforcement officers. The developed emotional intelligence of a leader contributes to his/her choice of such poles of managerial decision-making as “liberal” and “production of a problem situation (decision-making situation)”. A leader’s developed emotional intelligence is to some extent related to self-confidence, high motivation to achieve, and responsibility for the actions of subordinates.

It has been suggested that in the process of psychological training future law enforcement officers should develop such a component of emotional intelligence as understanding of emotions, which increases the likelihood of favourable options for making managerial decisions by leaders.