Bulletin of Kharkiv National University of Internal Affairs

Legal regulation of road safety in the Ukrainian SSR in the mid-1960s

V. A. Grechenko — 2025-04-18

In the 1960s, the problem of road safety in Ukraine acquired great social significance of state importance. This was due to a significant increase in the number of cars and motorcycles, that is, an increase in the intensity of traffic on the roads. This, in turn, led to an increase in the number of road accidents. The most common violations were violations of the rules of intersections, as well as violations of the rules of overtaking and maneuvering. It was during this period that uniform Rules for the entire state on streets and roads were adopted, a new standard “Road signs and indicators” came into force, as well as a single standard for a distinctive sign for vehicles participating in international traffic. The departments for regulating street traffic were finally liquidated, and their functions were transferred to the State Traffic Inspectorate. The introduction of indicator tubes to detect the degree of alcohol intoxication of drivers began, the first stationary traffic militia posts appeared, which were supposed to monitor compliance with traffic rules on country roads. The first examination devices appeared to assess the theoretical knowledge of candidates for driver’s licenses. For driving a car and motorcycle while intoxicated, a large number of drivers were deprived of the right to drive, but the most common punishment for violating traffic rules was a warning by composting tickets, materials for violations were sent to the consideration of labor collectives and comradely courts, and fines were levied on violators. The main areas of activity of the executive branch in ensuring road safety include the technical improvement of cars and the creation of conditions for their high-quality technical maintenance, road construction and improving the equipment of roads with traffic management means, improving the training of drivers, and promoting road safety.

Kharkiv Law Society: history of creation and main areas of activity

O. K. Maliutina — 2025-04-18

The article highlights the history of creation and activities of the Kharkiv Law Society in 1900–1905 based on archival materials. The article is written on the basis of historical sources discovered in the Rare Book Department of the Central Scientific Library of V. N. Karazin Kharkiv National University. These include minutes of meetings of the Kharkiv Law Society, news reports in local periodicals, and brief reports published in the Journal of the Ministry of Justice. These sources are introduced into scientific circulation.

The prerequisites and reasons for the founding of the Society are analysed in detail against the background of socio-political and socio-economic changes of the late nineteenth and early twentieth centuries. The structure of the Kharkiv Law Society, its main directions and forms of work are considered.

Particular attention is paid to the topics and content of the reports discussed at the meetings of the Society and the research conducted with its assistance. The author emphasises the role of the Kharkiv Law Society in the development of legal education, popularisation of legal knowledge, and the importance of international cooperation of the Society’s members as a factor in spreading progressive ideas and integrating Ukrainian legal science into the world.

The thorough coverage of the activities of the Kharkiv Law Society allows us to conclude that it contributed to the development of national jurisprudence and the formation of elements of civil society in the Ukrainian lands under imperial pressure.

The right to the freedom of peaceful assembly under the rule of law: convergence and mutual implementation

M. A. Sambor — 2025-04-18

Human rights, freedoms and interests determine the content and direction of a democratic state, and are the content of social relations in a democratic civil society. Reflecting on the issues of positive and negative interference of the State, the State apparatus, State bodies, local self-government bodies in public relations regarding the use, exercise and restoration of the right to freedom of peaceful assembly, the question arises as to the impact of the fundamental principles of building and functioning of power in a democratic state on their organizational and practical activities. One of such principles is the principle of the rule of law, which, voluminous in its content and purpose, has a significant direct and indirect impact on both the organization of public power and the content of legal relations in society. Therefore, the purpose of this article is to analyze the principle of the rule of law and its impact on the use and exercise of the right to freedom of peaceful assembly and to identify feedback loops. The article examines the content of the principle of the rule of law, the right to freedom of peaceful assembly, and the presence of connections between the above-mentioned legal phenomena that affect the use and exercise of this human right. The opinion is expressed on the impact of such links and their convergence on the above-mentioned legal phenomena, as well as the interdependence and mutual conditionality of the rule of law and the use and exercise of the right to freedom of peaceful assembly, and their theoretical content. According to the results of the study, it is concluded that not only the principle of the rule of law has an impact on the use and exercise of the right to freedom of peaceful assembly, but also the aforementioned right has a significant impact on the formation of the content of the rule of law. The results obtained as a result of the scientific study are aimed at: 1) the enriching theoretical knowledge about the place and role of the principle of the rule of law in the actions of public administration entities in creating conditions for the use and exercise of the right to freedom of peaceful assembly; 2) the forming systemic ties of interaction and mutual influence of the principle of the rule of law and the right to freedom of peaceful assembly; 3) the development of a holistic system of equal use and freedom of exercise of the right to freedom of peaceful assembly, limitation of interference by subjects of state power and local self-government in the exercise of this right, limiting the latter to the scope of creating fair conditions for its exercise and legitimate grounds for restriction or prohibition; 4) the improvement of the system of national legislation in the field of use, exercise and restoration of the right to freedom of peaceful assembly, as well as regulation of the powers of state power and local self-government bodies.

Ensuring the right to respect for the dignity of the persons with disabilities

N. O. Filipska — 2025-04-18

The problem of ensuring the rights of persons with disabilities, in particular the right to respect for dignity, is one of the most acute in modern Ukrainian society. The article analyses this aspect in detail, focusing on the impact of the armed conflict and discriminatory practices on the lives of people with disabilities.

Using the methods of synthesis and analysis, abstraction, induction, empirical and sociological, the author reveals that violations of the right to respect for the dignity of persons with disabilities are a systemic problem that manifests itself in various spheres of life: from limited access to infrastructure and social services to discrimination in labour relations and negative attitudes of society. Particular attention is paid to the problem of ensuring the security of this category of persons during military operations and the lack of training of law enforcement agencies to work with this category of population, which also affects the level of respect for dignity.

It is concluded that the low level of perception of people with disabilities in Ukrainian society is a consequence of a set of social, cultural and historical factors that need to be overcome. The results of the author’s sociological research are presented, which show that there are stereotypes and prejudices against this category of persons among law enforcement officials.

To address these problems, a set of measures is proposed, including: the introduction of an index of equality of persons with disabilities (this tool will allow to assess the level of inclusiveness of various spheres of life and develop targeted programmes to improve the situation); raising awareness of public authorities and society (conducting large-scale information campaigns aimed at forming a tolerant attitude towards people with disabilities); strengthening the role of civil society (support for the initiatives of NGOs).

It is emphasised that ensuring the rights of persons with disabilities is not only a moral duty, but also an important factor for the development of society as a whole.

Comparative legal analysis of the categories of “abuse of rights” and “abuse of freedom of contract” (fraudulent transaction)

H. S. Hofeld — 2025-04-18

In the article, the author conducts a comparative legal analysis of the concepts of “abuse of rights” and “abuse of freedom of contract” within the context of fraudulent transactions in Ukraine. The study underscores the significance of examining transactions as one of the most intricate constructs in civil law theory and practice. In the contemporary era of societal digitalization and the ongoing development of democracy, there is an urgent need to establish effective mechanisms to facilitate the exercise of individuals’ subjective rights and obligations. Civil rights and obligations, including transactions, are an integral part of this process.

The author identifies that, at present, individuals often engage in abuse of rights when formalizing their relationships through traditional forms, such as transactions. It is further noted that the Ukrainian legislator has yet to define the concepts of “abuse of right” or “abuse of freedom of contract”, a significant legislative gap, particularly in the context of fraudulent transactions.

The article establishes that the concept of “abuse of right” in the context of fraudulent transactions in Ukraine constitutes a distinct manifestation of a breach of the principle of good faith, as enshrined in Article 3 of the Civil Code. Specifically, harm to the creditor's interests is indicative of the individual's unfair conduct. In contrast, the study demonstrates that “abuse of freedom of contract” within fraudulent transactions may constitute a criminal offense. The intentional actions of the individual who abuses the freedom of contract, alongside the underlying intent, serve as both the causes and consequences of such abuse.

The author concludes that the primary distinction between the concepts of “abuse of right” and “abuse of freedom of contract” lies in the presence of a conscious purpose (goal) in cases of abuse of freedom of contract. Conversely, abuse of right occurs when an individual’s conduct exceeds the limits of their subjective rights, especially in instances where such limits are not defined by a specific prohibitive legal rule.

Artificial intelligence: protection and defence of human rights (ethical aspect)

Yu. M. Zhornokui — 2025-04-18

Taking into account the ethical foundations of the use of artificial intelligence in the field of human rights, the article warns that artificial intelligence has no morals and customs, since morality is usually personal in nature and there is no justification for its repeatability. As a result, artificial intelligence does not have the status of a separate personality, and by using it, the developer or owner is recognised as a participant in civil turnover. Nevertheless, it is assumed that artificial intelligence may replace humans in the future. Therefore, it is necessary that such a replacement is made fairly and compensation is provided if necessary.

It is concluded that the societal challenges posed by artificial intelligence require new approaches to governance, but these challenges do not require new regulatory principles. At the same time, the human rights system we already have is well suited to the global digital environment. With the proliferation of artificial intelligence applications, it is also necessary to improve the practical ways of implementing human rights standards. A new challenge for humanity is to clarify the protection and implementation of human rights in the new world with the active use of artificial intelligence technologies.

It is noted that one of the main ethical issues of artificial intelligence is its potential to perpetuate social stereotypes and discrimination. The use of artificial intelligence technology for facial recognition, recruitment and selection, and machine learning algorithms can lead to serious human rights violations, including the rights to equality, privacy and non-discrimination. In addition, there are concerns about the transparency, accountability and comprehensibility of decisions made by artificial intelligence.

It is warned that it is extremely important to look to the future and take into account the potential ethical and legal implications of the use of artificial intelligence. In the future, it is important to ensure that the development of artificial intelligence is consistent with the implementation of human rights principles. Work should focus on developing an ethical framework for artificial intelligence systems that prioritises transparency, fairness and accountability, while minimising potential negative impacts on human rights.

Modification of the right to an apartment as part of succession in modern conditions

O. Ye. Kukhariev — 2025-04-18

The author has revealed the peculiarities of inheriting the right to an apartment. It has been substantiated that the right to an apartment can be included into inheritance in various modifications that have different legal nature: the right of ownership as an absolute right in rem; the right to privatization completion initiated by the ancestor during his/her lifetime; rights under a housing’s hire-purchase agreement; the right to compensation for damaged or destroyed housing.

The right to privatization completion is included into succession only if a housing tenant applied to the privatization body during his/her lifetime, but due to the death was deprived of the opportunity to get the relevant property as ownership. In this respect, the period during which the housing tenant died from the moment of submitting properly executed documents has no legal bearing. Due to this fact, modern judicial practice is criticized, according to which, the death of the tenant in order to inherit the right to privatization completion must occur after the expiration of the one-month period established by law for the privatization body to make a decision on transferring the apartment to a citizen’s ownership.

An apartment is a complex element of the housing sector. Thus, succession of the right of ownership to an apartment is manifested in the inseparable combination of the ancestor’s personal right of ownership to a particular apartment and the right to a share in the common property of an apartment building, as well as the obligation to bear the costs of maintaining the common property.

The right to receive compensation for a damaged or destroyed apartment acquires the properties of an inheritance’s element, if the owner of such an apartment has terminated the right to its ownership during his/her lifetime. The essence of the legal structure of receiving compensation for a damaged/destroyed real estate object has public and legal nature and is limited to the state’s implementation of the constitutional guarantee of the inviolability of the right to private property. The provision of such a compensation by the state is not coverage for the damage caused; and the state itself does not acquire the legal status of a debtor.

The concept and types of court decisions in civil procedural law

O. V. Moroz — 2025-04-18

The article analyses the current legislation of Ukraine and doctrinal approaches to the concept of court decisions. The features of court decisions are revealed. A critical analysis of the definition of the term “decision” is made and recommendations for improvement of current legislation are provided. The study indicates that today there is a rather illogical situation, since the Civil Procedure Code of Ukraine defines the term “judgment” in two ways: as a procedural document by which a civil case is resolved on the merits; and as a general concept for all acts of justice adopted by a court in civil proceedings. It is noted that in order to eliminate such terminological inaccuracies, it is necessary to amend the current legislation.

The following types of court decisions are thoroughly analysed: decisions on recognition, decisions on award and transformative (constitutional) decisions. It is noted that award judgments are court decisions confirming the rights, obligations and legitimate interests of the parties, in which one party undertakes to perform certain actions in favour of the other or to refrain from performing them; recognition judgments are court decisions confirming the existence or absence of certain legal relations, circumstances or legal facts between the parties; constitutional judgments are court decisions aimed at creating new legal relations, changing or terminating existing legal relations. The following types of court decisions are analysed: supplementary decision, decision in absentia, full decision and abridged decision. The conclusion is made that studying and analysing the concept and types of court decisions is of great scientific and practical importance, since court decisions stabilise legal relations and ensure real, proper and timely protection of rights and interests protected by law.

The legal regime of digital assets in the context of European standards

S. O. Slipchenko — 2025-04-18

The subject of the research is civil legal relations arising in relation to digital assets, with the chosen topic also defined. The aim of the research is to determine the compliance/non-compliance of the legal regime of digital assets established by Ukrainian legislation with the standards of European Union law. Using a comparative legal method, it is substantiated that the traditional domestic understanding of the legal regime of property fully aligns with European standards. This factor, considering the signed Association Agreement between Ukraine and the European Union, the need to harmonize national law with European standards, demonstrates the relevance and scientific novelty of the work.

It is established that the term “ownership” used in Article 1 of Protocol 1 to the European Convention on Human Rights is identical in meaning to the traditional domestic legal term “property”. The concept of property itself encompasses not only tangible things but also property rights and obligations. The idea has further developed that the fact of belonging an economic good to a person can be legally formalized not only by ownership rights but also by other rights (property rights, obligations, intellectual property rights, etc.). The institution of property law in countries with a civil law system regulates relations concerning objects of the material world and is limited to that.

It is concluded that establishing or extending the regime of ownership rights to intangible goods cannot comply with European standards, at least for countries with a pandect system of law. The results of the research indicate the need for further studies on the legal regime of digital assets established by Ukrainian legislators to assess its compliance with European standards and to improve domestic civil legislation.

The human right to reproduction: postmortem use and storage of cryopreserved materials

N. V. Khodieieva — 2025-04-18

The article analyses the current legislation of Ukraine and doctrinal approaches to the human right to reproduction in the context of the right to postmortem reproduction in terms of the right to use cryopreserved materials and their storage, taking into account changes in Ukrainian legislation and the experience of European countries. The author analyses the ways of regulating the right to postmortem reproduction, taking into account the experience of medical practice (drawing up an application-permission or an agreement with a healthcare facility on the storage and use of cryopreserved materials). The author concludes that it is necessary to establish a period of one calendar year from the date of death of a partner, during which post-mortem reproduction will not be possible; that assisted reproductive technologies may be used by partners; that the current legislation of Ukraine should enshrine the possibility of a man in the event of death or declaration of a partner’s death by a court and the possibility of a woman in the event of loss of reproductive function (the ability to bear and give birth to a child) in the presence of a cryopreserved embryo (zygote, blastula) and an application for permission or an agreement with a healthcare facility on the storage and use of cryopreserved materials – the right to use surrogacy (substitute) motherhood services, but taking into account the period of one calendar year from the date of death of the partner, during which postmortem reproduction will not be possible, as well as the possibility of storing cryopreserved embryos, if they are transferred for storage by a serviceman and his partner, also free of charge for three years from the date of death of such a person or declaration of death by a court, with the provision for further storage of cryopreserved embryos at the expense of the spouse or other person specified in the order (for storage of own cryopreserved embryos).

Mechanisms for implementing the principles of social dialogue in the activities of the International Labour Organization

Yu. D. Dreval — 2025-04-18

The article analyses the importance of social dialogue in the programme and standard-setting activities of the International Labour Organization. It is the only and universal international organisation that has been developing international labour standards for more than a century on the basis of full involvement of all participants in social and labour relations.

Based on the analysis of the ILO’s policy documents, it has been noted that social dialogue is given a prominent place in the fundamental principles and rights at work. Social dialogue also forms the basis for the implementation of other fundamental rights. This includes the prohibition of forced labour, non-discrimination in the workplace and in social and labour relations in general, and the prohibition of the worst forms of child labour. It is emphasised that the right to freedom of association and effective recognition of the right to collective bargaining play a dual role (both as a fundamental human right in the field of labour and as an important component of social and political processes). It is proved that social dialogue as interpreted by the International Labour Organization includes all types of negotiations, consultations and information exchange between the main participants of social and labour relations. Moreover, as emphasised in the latest developments of this organisation, the importance of social dialogue is not limited to tripartite communications and improvement of social and labour relations. It is a means of ensuring social justice and a necessary condition for consolidating democratic institutions and improving democratic governance. The author substantiates the possibility of applying the category of “comprehensive mechanism for ensuring and implementing the principles of social dialogue”. Such a mechanism should consist of legal, communicative, institutional and educational and legal mechanisms. Furthermore, a comprehensive mechanism is not reduced to the sum of specific targeted mechanisms, but rather includes a set of necessary means and measures for implementing the principles of social dialogue.

Monitoring the financial assistance received by the critical infrastructure employees affected by the military aggression

Yu. F. Ivanov — 2025-04-18

The article reveals the results of the monitoring conducted by the Ukrainian Parliament Commissioner for Human Rights regarding the observance of the right to receive financial assistance by employees of critical infrastructure facilities, civil servants and local self-government officials affected by military aggression. The relevance of the topic is due to the fact that ensuring observance of the constitutional rights of citizens, and in the context of martial law, ensuring guarantees for employees whose activities are directly related to the victory over the aggressor is a priority for the State. The purpose of the article is to analyse the legislation regulating the issue of receiving a one-time financial benefit for damage to life and health caused to employees.

The achievement of the above goal was made possible through the use of a set of methods of scientific knowledge, namely, dialectical, comparative legal, formal and logical, and systemic and structural methods. Based on the analysis, the research proves that the methodology for determining the critical infrastructure object does not meet the conditions of martial law. The author establishes the need to revise the sectoral and intersectoral criteria for determining the level of negative impact in the event of destruction (damage) of a critical infrastructure facility. The article emphasises the untimely adoption of bylaws and regulations, which results in a violation of the victims’ right to receive one-time assistance. The subjective factors of submitting inaccurate data for inclusion of an object in the Register of Critical Infrastructure Objects, which leads to a violation of this right, are emphasised. It is established that the Law of Ukraine “On Critical Infrastructure” does not comply with the provisions of Directive (EU) 2022/2557. On the basis of the study, the conclusions on the gaps in the legislation that lead to violations of the rights of this category of citizens are formulated.

Improving the efficiency of planning and control as key components of the public management process in the system of the MIA of Ukraine

K. L. Buhaichuk — 2025-04-18

The publication highlights issues regarding the current state of regulatory and organizational support for planning and control processes in the Ministry of Internal Affairs of Ukraine, as well as in central executive bodies whose activities are directed through the Minister of Internal Affairs of Ukraine. An analysis of domestic and foreign scientific literature on the issue of planning and control in the public management system has been conducted.

It has been proven that regulatory and legal regulations and provisions relating to the legal status of units responsible for the specified processes require appropriate optimization and improvement. In particular, internal discrepancies in the content of orders of the Ministry of Internal Affairs, National Police, State Emergency Service, National Guard of Ukraine on planning and control issues have been identified. The absence of institutional orders on the construction of an internal control system in the structure of the Ministry of Internal Affairs and National Police has been emphasized.

The directions for improving the regulatory and organizational support of the planning and control processes in the public management system of the bodies and divisions of the Ministry of Internal Affairs are proposed, in particular, in terms of adopting institutional regulatory and legal acts on the planning and internal control system, in particular departmental orders on the introduction of unified approaches, standards, procedures for planning and internal control, bringing the norms of existing departmental documents in accordance with the rules of legislative technique. A list of principles on the basis of which planning and control activities in the Ministry of Internal Affairs system should be carried out is given. The need to develop and adopt documents related to the strategic development of the Ministry of Internal Affairs system taking into account the requirements of the legal regime of martial law is emphasized: strategies for the development of the Ministry of Internal Affairs system taking into account the requirements of martial law, strategies for the development of other central executive bodies of the Ministry of Internal Affairs.

Administrative proceedings adaptation to security challenges under martial law

M. V. Kolesnikova — 2025-04-18

The constitutional right to judicial protection is inalienable and inviolable, and the inadmissibility of suspending the functioning of the judiciary and, at the same time, permanent threats to the security of participants to the judicial process, hostilities on the territory of the State and other destructive changes require a prompt response to ensure the uninterrupted conduct of judicial proceedings and create a safe environment for this. Therefore, there is a need for an in-depth analysis of the impact of the security aspect on the organisation and functioning of the administrative justice mechanism under martial law, and this is the purpose of the article. The subject of the study is the security barriers to the functioning of administrative courts and the ways to neutralise these barriers. The methodological basis of the study is the integrated use of the principles and means of general scientific methods of scientific knowledge (methods of system analysis, synthesis, induction and deduction), as well as certain methods of private and special scientific groups, in particular, statistical, comparative and dogmatic methods.

The main security barriers to the administration of justice in the context of permanent threats of shelling are identified, in particular, such barriers include difficulties in physical access to courts, given the close proximity to the contact line, and the inability to organise a fully secure environment during the consideration of administrative cases. The attention is focused on the regulation of the process of participation in a court hearing via videoconference and the peculiarities of practical implementation of this opportunity in administrative proceedings. The author concludes that expanding the possibilities of safe administration of justice by improving e-justice or creating tools which will facilitate greater access to justice and protect the right to ensure the safety of life and health of each participant to the court proceedings is an urgent and priority task.

An analysis of staffing practices of Polish and French customs authorities: adaptation to Ukrainian realities

O. O. Kolobylina — 2025-04-18

The article examines foreign experience in staffing customs authorities in the context of its adaptation to Ukrainian realities. Particular attention is paid to the analysis of the practices of Poland and France, which have successfully reformed their customs services in accordance with European standards. The key stages of the reforms, including transformation of the legislative framework, improvement of administrative procedures and introduction of modern approaches to personnel selection, are highlighted.

The experience of Poland demonstrates the effectiveness of integration processes with the EU through changes in the organisational structure of customs authorities, reduction of the number of units and optimisation of staffing. Staff rotation, competitive procedures and the creation of conditions for professional training play an important role. Poland also actively uses administrative tools to assess the integrity of candidates and their qualifications. In France, on the other hand, the emphasis is on a multi-level competitive selection process that includes written tests, practical assessment, interviews, physical training and psychological assessment. Training in specialised institutions, such as the National Customs School in La Rochelle, plays an important role.

A comparative study of the requirements for candidates in Poland and France has been conducted. While in Poland these requirements are moderate, in France they are much stricter and include knowledge of foreign languages, a high level of professional training and compliance with ethical standards. The experience of France in implementing multi-stage competitive procedures to select the best specialists is particularly valuable for Ukraine.

In order to effectively reform the customs authorities of Ukraine, it is proposed to introduce a differentiated approach to recruitment, strengthen competition procedures, implement testing for knowledge of legislation and foreign languages, and thoroughly check the moral and ethical qualities of candidates. It is necessary to create a system of long-term professional training and internships that will allow new employees to effectively adapt to the specifics of the customs service. The comprehensive reform of Ukraine's customs service, taking into account European experience, will contribute to the modernisation of the State Customs Service of Ukraine and the country's integration into the European community.

Historical and doctrinal analysis of the German administrative procedure model

O. O. Markova — 2025-04-18

The article is dedicated to a detailed analysis of the formation and development of the German model of administrative procedure, which is based on a powerful legal mechanism developed by the joint efforts of German scientists and legislators and enshrined in the Federal Republic of Germany Law “On Administrative Procedure”. Considerable attention is paid to the influence of scientific research in the field of administrative law and historical events that accompanied the legislative activity of the Bundestag. This article analyzes the historical formation and development of the German administrative procedure, which is based on legal mechanisms developed by German scientists and legislators. The influence of scientific research and historical events on the development of administrative law is studied.

The article not only considers the historical aspects of the development of administrative law but also offers an analytical approach to this topic. This allows us to make scientific and legal generalizations regarding the main historical events and doctrinal experience that influenced the formation of the German model of administrative process. Particular attention is paid to the role of the works of Otto Mayer, Georg Jellinek and the concept of rational bureaucracy of Max Weber in the formation of administrative law. The study covers the analysis of key legislative acts, including the German Constitution and the Law “On Administrative Procedure” of 1976. The article emphasizes the importance of legal transparency and protection of citizens’ rights in administrative procedures and offers an analytical approach to the study of the historical development of administrative law. The author emphasizes the importance of the works of Otto Mayer and Georg Jellinek in the formation of the foundations of administrative law. An important aspect is also the influence of the concept of rational bureaucracy of Max Weber, which defines a systematic approach to regulating the activities of management personnel through formal rules. The study analyzed key legislative acts that influenced the development of administrative law, in particular the German Constitution and the Law of the Federal Republic of Germany “On Administrative Procedure” of 1976. The codification of administrative law and the complexities that arose during this process are separately considered, the exclusion of some areas, such as tax and social security, from the scope of a single legislative act.

The article emphasizes the importance of ensuring legal transparency and clarity of administrative activities, and examines the concept of the status process, developed by Peter Häberle, which ensures the protection of fundamental rights of citizens through administrative procedure. Moreover, the article discusses the role of the political context in the formation of administrative procedures in different historical periods. Considerable attention is paid to the influence of economic and social factors on administrative reform. In addition, the issue of future directions of development of administrative law in the context of globalization is highlighted.

Overall, the article outlines the key aspects of the development of the German administrative procedure model, focusing on the historical context and doctrinal foundations that shaped this model, and provides extensive opportunities for scholarly legal research in this area.

Administrative liability of insurance companies for violations in the field of health insurance

R. A. Savchenko — 2025-04-18

The article is devoted to the study of the issue of administrative liability of insurance companies for violations in the field of health insurance. It is indicated that administrative liability of insurers in the field of health insurance is the establishment in a number of laws of Ukraine of a list of offences which may be committed in the course of provision of health insurance services, and also penalties for their commission. The conclusion is made that administrative liability of employees of insurance companies for violations in the field of health insurance means enshrining in the Code of Ukraine on Administrative Offences the list of administrative offences which may be committed by insurer’s employees when providing health insurance services to clients, and administrative penalties for their commission.

The article establishes that the list of measures of influence which the National Bank of Ukraine may apply to insurance companies is set out in the Laws of Ukraine “On Insurance”, “On the National Bank of Ukraine”, “On Financial Services and Financial Companies”. The emphasis is placed on the fact that violation of the terms of health insurance may be grounds for a temporary ban on entering into health insurance contracts and imposition of penalties. It is noted that violation of the terms and conditions of health insurance and violation of the rights of consumers of financial services may be the basis for the application of enforcement measures. The paper establishes that the Code of Ukraine on Administrative Offences defines the grounds and procedure for bringing to administrative liability employees of insurance companies who have violated the rights of consumers of financial services.

The following amendments to the current legislation of Ukraine are proposed to improve the grounds for administrative liability of insurance company employees for violations in the field of health insurance.

The essence and content of administrative and legal (organisational and legal) principles of activity in a particular area in Ukraine

V. S. Seliukov — 2025-04-18

This study analyses the understanding of the content and essence of the principles as a legally significant term. The validity of the study is due to the fact that in the scientific and legislative spheres the term “principles” is systematically used with different content. The article analyses the topics of dissertation research on legal issues which were submitted for consideration to the Academy of Legal Sciences of Ukraine.

The normative essence of the term “principles” is briefly characterised, which made it possible to identify its main characteristics. It is noted that in legislation the term “principles” refers to the foundations, principles, grounds, procedure and legal regime of activity, the list and general powers of the entities which carry it out, key procedures for its implementation, strategy, purpose, tasks, directions, and specific features of the formation and implementation of state policy in the relevant area.

The conclusions regarding the content of the term “principles” are made on the basis of the opinions of other scholars. The comparative analysis of the types of principles is carried out, in particular, legal, organisational and administrative principles. The article emphasizes that all these categories are interrelated, and the latter two may be generally identified in the context of the rule-of-law State, except for the cases when the scope of research is directly defined by administrative and tort law.

It is determined that the principles are a set of ideas, principles, qualities, directions, goals and foundations that serve as the basis for any type of activity. At the same time, however, the principles may be used in phrases as a mechanism or a way of carrying out an activity.

The article proposes to identify administrative and legal principles and organisational and legal principles, which are understood as a set of rules of conduct of subjects of a certain activity or any relations, methods and mechanisms for organising their activities, peculiarities of their legal status in the system of public administration and public relations, as well as principles, ideas of functioning and directions of their improvement which are “pointers” for their development and ensuring.

Pseudo-volunteering in wartime: a topical issue of today

S. M. Kavun — 2025-04-29

The present study attempts to provide a scientific interpretation of volunteering, and considers the practical significance of the database “Register of Volunteers of Ukraine” in terms of recording and accumulating information on persons who provide free assistance to people affected by the war and the Armed Forces of Ukraine. For the purpose of a complete and comprehensive study, a number of current regulatory legal acts have been studied, in particular, laws of Ukraine, certain articles of the Criminal Code of Ukraine, which directly or indirectly contain both the interpretation of the concepts under study and provide a wide range of scientific and legal tools necessary for studying the issues raised. The relevance of the topic under study is illustrated by a number of specific examples of volunteer activities carried out within the requirements and provisions of current legislation, as well as examples of actions of pseudo-volunteers which are outside the scope of legislative regulation. An attempt has been made to systematise the most significant bottlenecks and gaps in the legislative regulation of volunteer activities, which are used by pseudo-volunteers to abuse the trust of individuals and legal entities, undermining one of the most important foundations of our society – people’s trust in each other. The results of the study are formulated in the form of a substantiated conclusion and proposals are made in terms of exploring the possibilities of preparing, discussing and, if supported, amending the current legislation that directly regulates and governs volunteer activities, as well as establishing additional preventive mechanisms designed to prevent abuse in this area. The unity of efforts of state bodies and institutions, combined with the free will of citizens and public organisations in carrying out open volunteer activities, providing assistance and assistance based solely on the call of the heart, openness and trust, can withstand all the challenges facing our country today by providing comprehensive support to the affected category of citizens and strengthening Ukraine's defence capabilities.

Methods of forensic examination of codeine in combination drugs

I. O. Besedina — 2025-04-10

The article addresses the peculiarities of forensic examination of codeine in the composition of combination drugs i.e. the prescription drugs that are available in many pharmacies without a prescription. The procedure for selecting an analytical sample for the study of codeine in the course of multi-objective examinations of materials, substances and products is presented. The composition, dosage forms, trade names and manufacturers of medicinal products containing codeine that are legally available in the pharmacy network in Ukraine are considered. A brief overview of the effectiveness of the use of codeine, an opium alkaloid similar to morphine, but with less pronounced analgesic properties, to achieve a therapeutic effect (antitussive, analgesic, sedative) is provided, as well as examples of abuse in the use of opioids in combination preparations and facts of non-medical use of codeine, especially the artisanal modification of medicines in illegal conditions, which include codeine with the subsequent production of desomorphine. The effectiveness of codeine-containing drugs as painkillers is undeniable, but today, given the risk-benefit ratio, the appropriateness of their long-term use is questioned. Increasingly, there are recommendations to avoid the use of opioids for any therapeutic purposes and to replace them with safer analogues. The article analyses the peculiarities of sampling and sample preparation, the main stages of chemical study of this potentially dangerous opioid using thin-layer chromatography and gas chromatography with a mass-selective detector. The experimental data presented in the article will help in the selection of the most suitable methods and conditions for the study of codeine, and will contribute to a qualified assessment of the research results, in particular, the identification of this substance by the proposed methods.

Protection of data on operational and investigative activities in terms of ensuring the state’s information security

M. L. Hribov — 2025-04-14

The article examines the legal means of protecting information on investigative and detective activities with a view to determining their compliance with the current conditions and challenges. To achieve this goal, the systematic analysis of the Constitution, the Laws of Ukraine “On National Security”, “On Information”, “On Operational and Investigative Activities”, “On Access to Public Information”, “On State Secrets” and a number of by-laws and regulations was applied. The study also analyses the practice of their application. Based on the results of the study, the interrelation and correlation of national security, information security of the State and protection of information on operational and investigative activities are established. From this perspective, the modern legal means of protecting information on operational and investigative activities are characterised and proposals for their improvement are formulated. The results of the work may be used to amend and supplement the Laws of Ukraine “On Operational and Investigative Activities” and “On State Secrets”, as well as the Code of Information Constituting State Secrets and other by-laws. The legal means of protecting information on detective and investigative activities must be commensurate with the threats that may arise in the event of their disclosure. Only the information, the disclosure of which objectively poses a risk of real threats to national security, should be protected by classifying it as a state secret. Such information cannot include general data on the content, forms, methods and organisation of investigative and search activities. They should also not include information about specific operational and investigative measures (complexes of such measures), if the information security of the state cannot be damaged in case of disclosure of such information. It is advisable to protect such information by classifying it as an official secret and (or) establishing (strengthening) liability, including criminal liability, for its disclosure.

Technical and forensic support of a defence counsel in criminal proceedings

V. O. Husieva — 2025-04-23

The article determines that technical and forensic support of a defence counsel’s activities in criminal proceedings should be understood as a system of legal, organisational, scientific and technical provisions and applied measures for the development, implementation and practical use of technical means for the purpose of providing defence as intended, achieving the objectives of investigative ( search) and procedural actions, examination and recording of digital evidence. It is established that, as a general rule, current legislation does not prohibit the defence counsel from using technical and forensic means while participating in investigative (search) and procedural actions, at the same time, the defence counsel must notify all the participants of such an event of all the facts of their use, and the prosecution party, if there are objective grounds for this, although it may prohibit their use, but may do so only on the basis of a reasoned resolution, the investigating judge, the court – the ruling.

It is well-grounded that the defence counsel has the right to choose the technical means which he/she plans to use for the purposes of defence, but the analysis of law enforcement practice allows to state that the most typical ones are: mobile phones for photo and video recording, making photocopies of procedural documents, material evidence, recording the procedural action; cameras for making copies of procedural documents, including during the familiarization with the criminal proceedings; video cameras for recording the procedure for conducting investigative (search) and other procedural actions; computer facilities for reviewing and making copies of digital traces and evidence, familiarising themselves with case files received in the “E-Court” system, and ensuring the electronic document control.

We believe that the prospects for future research are to identify specific practical recommendations for the collection of evidence by a defence counsel, taking into account the characteristics of specific objects.

Content of the interests representation of a legal entity that is a victim in criminal proceedings

I. O. Iemets — 2025-04-23

The article determines that the content of legal relations regarding representation of legal entities in criminal proceedings is determined by the powers of a representative which are determined by his/her procedural position. It is established that criminal procedure legislation provides a representative with a certain scope of rights and obligations which he/she exercises on behalf of and in the interests of a legal entity. The powers of a representative may be established by the charter, other regulatory acts of a legal entity, a power of attorney or an agreement. The subjects of representation of a legal entity in criminal proceedings are: a person who has the right to act as a defence counsel in criminal proceedings on the basis of a certificate of the right to practice law or an order or agreement for the provision of legal aid; the head of a legal entity or another person authorised by law or constituent documents, whose powers are certified by a copy of the constituent documents of the legal entity; an employee of a legal entity that is a victim acting on the basis of a power of attorney. As for each entity involved as a representative of a legal entity, it must, of course, meet certain criteria, among which the basic ones are the attainment of majority and legal capacity.

The article establishes that the object of representation in criminal proceedings is the activity of a legal entity's representative aimed at protecting its rights and legitimate interests as a party to the proceedings, as well as restoring material rights and interests which have been damaged due to a criminal offence. Procedural activities include filing a criminal complaint, submitting documents by the representative certifying his or her powers, and participating in investigative (search) and procedural actions. The victim's representative may carry out search and analytical activities in the course of representation. Advisory and controlling activities involve providing advice to clients, for example, a lawyer to the head of a legal entity.

A new approach to the forensic classification of fraud

K. D. Zaiats — 2025-04-10

The article substantiates the need to develop a methodology for investigating fraud based on the forensic classification of these criminal offences. It is advisable to choose the criteria for classification of a particular type or group of crimes from the point of view of the practical significance of the differentiation made. Such a criterion ensures grouping of manifestations of crimes based on common features of the mechanism of commission, which, in turn, affects the formation of typical investigative situations of the initial and subsequent stages of investigation, tactical tasks and their solution by appropriate means. The analysis of works by forensic scientists and criminologists who propose to divide frauds into groups depending on the field of activity in which they are committed is made.

It is determined that the methodology for investigating fraud developed on the basis of such a classification will not cover all types of crime, since there are many areas of human activity and each of them may implement fundamentally different schemes of fraudulent activity. Therefore, a different scientific approach to the forensic classification of fraud should be applied.

It is noted that the classification should be carried out on the basis of certain elements of the mechanism of committing such criminal offences which significantly affect the formation of investigative situations, tactical tasks of investigation and means of their solution.

The article emphasises that it is advisable to classify frauds by such a criterion as the type of legal relations used to implement a fraud scheme for seizing the victim's property or his/her property rights. According to this criterion, criminal offences are classified into: 1) frauds committed under the guise of civil legal relations and domestic transactions; 2) frauds committed under the guise of administrative legal relations; 3) frauds committed under the guise of economic legal relations.

The state of scientific research on the use of specialist knowledge in smuggling investigations

Yu. Yu. Kovalov — 2025-04-14

The article substantiates that smuggling as a socially dangerous phenomenon has existed since the inception of the first state formations. Its emergence was facilitated by the desire to avoid paying customs duties and moving goods beyond the control of state authorities. It is established that in order to counteract smuggling, appropriate legal measures were introduced in different historical periods. It is emphasised that today the criminal offences related to smuggling include smuggling of cultural property, poisonous, potent, explosive substances, radioactive materials, weapons or ammunition (except for smooth-bore hunting weapons or ammunition), parts of rifled firearms, and special technical means of covertly obtaining information; smuggling of timber and valuable tree species; smuggling of goods (except for excisable goods and electricity); smuggling of excisable goods; smuggling of narcotic drugs, psychotropic substances, their analogues or precursors or counterfeit medicines.

It is determined that in the modern period of development of the legal framework for combating crime and the scientific basis of such activities, which began in the early 2000s, attention has been repeatedly paid to the issues of ensuring effective investigation of criminal offences related to smuggling. It is established that some of the studies conducted still do not comply with the current doctrines of criminal law and criminal procedure, and some contain only descriptive recommendations on the typical types of forensic examinations conducted during the investigation. It is stated that the current level of forensic support for the use of special knowledge, technical and forensic support for the investigation of criminal offences related to smuggling is insufficient, and scientific research within the scope of this subject needs to be intensified.

The aspects of classification and examination of cigarettes in the course of forensic commodity examination

N. V. Kryvoruchko — 2025-03-31

The article deals with the methodological and practical aspects of conducting a forensic commodity examination of cigarettes, which are a specific segment of the consumer market. The main attention is paid to the issues of classification of tobacco products, determination of their quality and compliance with the established standards. The examination takes into account key product characteristics, such as physical and chemical composition, consumer properties, packaging and labelling features, as well as compliance with the declared characteristics. The article analyses modern methods of cigarette examination, including physical and chemical analysis of tobacco mixtures, aerosol testing, inspection of filter and cigarette paper properties, and assessment of labelling compliance with standards. Particular attention is paid to identifying defects in cigarettes that may arise as a result of process, storage or transportation violations. Such defects include uneven filling of the tobacco mixture, damage to the packaging, foreign impurities, leaks and poor quality of filter materials. The article describes the sequence of actions that are carried out during the examination, starting with visual inspection of the sample, study of physical characteristics, laboratory analysis and ending with comparison of the results with established standards, such as national and international regulations. The importance of an integrated approach to the examination is emphasised, which allows to assess the quality of products, identify possible violations and protect consumer rights. Determining the compliance of cigarettes with regulatory requirements helps to detect counterfeits, comply with product safety requirements for consumers and improve the quality of products on the market. The results of the study can be used to improve the methods of forensic commodity examination, increase the level of quality control over tobacco products and help ensure their compliance with international standards.

Modern approaches to the typification of certain forensic techniques

V. Yu. Popov — 2025-03-31

Based on the analytical review of scientific sources, the subject matter of which was the conceptual framework for classification of forensic techniques, the article substantiates the position that today the trends in the development of certain forensic techniques have changed and reoriented somewhat under the influence of modern changes which the current doctrine of criminal law and criminal procedure law undergoes under the legal regime of martial law. Based on the analysis of traditional approaches of scholars to the typification of certain forensic techniques and current trends in scientific research, the classification of certain forensic techniques is developed based on the following criteria: 1) criminal law factors; 2) completeness of the developed algorithms and practical recommendations; 3) degree of generality of the proposed recommendations; 4) stage at which criminal procedural activity is carried out; 5) form of display of the developed recommendations; 6) forensically significant features in a certain group of criminal offences and the existence of correlations between them, etc.

It is determined that the following criteria may be used as additional criteria for the classification of forensic techniques a) characteristics of the person who committed criminal offences (insane persons; minors; women; foreigners; repeat offenders; war criminals, etc.); b) form of organisation of co-perpetrators of a crime or members of a criminal group (methods of investigating crimes committed by a group of persons, organised criminal groups, criminal organisations, etc;) c) peculiarities of the legal regime (methodology for investigating crimes committed under martial law, in emergency situations, etc.); d) time of the criminal offence (for example, methodology for investigating crimes committed in previous years); e) peculiarities of the victim (methodology for investigating crimes committed against minors, women, elderly persons, persons with disabilities, etc.).

It is noted that the prospects for further research are to develop practical recommendations for the investigation of war crimes, criminal offences committed against combatants, etc.

Peculiarities of forensic commodity expertise of goods for sports and tourism

Ye. M. Sobakar — 2025-03-31

The article deals with the methodological and practical aspects of conducting a forensic commodity examination of goods for sports and tourism, which is a large and constantly developing segment of the consumer market. The main focus is on determining the quality, functional characteristics and compliance of these goods with the established standards. The examination takes into account special features of the products, such as wear resistance, durability, ergonomics, environmental safety, as well as compliance with the declared characteristics specified in the labelling. In addition, the article analyses modern methods of examination of goods for sports and tourism, including physical and mechanical tests, microscopy, analysis of conformity of materials and characteristics, testing of water resistance, resistance to ultraviolet radiation and other characteristics. Particular attention is paid to product defects that may arise due to process violations, improper storage or transportation conditions. The types of defects are described, including mechanical damage, loss of strength, and leakage. Forensic commodity expertise includes the following stages: from initial inspection to comparison of analysis results with established standards, such as ISO 9001, EN 957, and others. Determining the compliance of goods with regulatory requirements allows not only to assess the quality of products, but also to identify the possibility of falsification during production or violations during the shelf life. The results of the study can be used to improve the quality of goods on the market, protect consumer rights and ensure safety when using products. The article systematises the main criteria for assessing goods for sports and tourism, describes the methods of their examination and provides recommendations for further improvement of expert activity.

Application of the European Court of Human Rights case law in the criminal proceedings in Ukraine

O. Ye. Soloviova — 2025-03-31

The article analyses the process of applying the European Court of Human Rights case law and the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 in criminal proceedings in Ukraine. The basic principles arising from the jurisprudence of the European Court of Human Rights and their impact on national legislation and court practice are investigated. Particular attention is paid to the issues of observance of the right to a fair trial, presumption of innocence, prohibition of torture and effective investigation of human rights violations. The key cases of the European Court of Human Rights against Ukraine, which have determined the directions of reforms in the field of criminal justice, are analysed. The problems of implementation of the European Court of Human Rights case law in the criminal justice system of Ukraine, in particular, the formal approach to the use of case law, the lack of an effective mechanism for the execution of judgments and insufficient training of law enforcement and law enforcement agencies are investigated.

The following prospects for improving the application of the European Court of Human Rights case law in criminal proceedings in Ukraine are identified: 1) the amendments to the Criminal Procedure Code of Ukraine to comply with European standards, in particular, with regard to the right to a fair trial, the presumption of innocence, protection against torture and unlawful detention, ill-treatment, etc.; 2) the development of recommendations to improve the training of judges, prosecutors, lawyers and pre-trial investigation bodies; 3) the strengthening of control over the observance of human rights, the reasonableness of the time limits during the pre-trial investigation, and fair and lawful trial; The following prospects for improving the application of the European Court of Human Rights case law in criminal proceedings in Ukraine are identified: 4) the improvement of procedures for verification, evaluation and examination of evidence in order to protect the defence from unlawful actions of the prosecution; 5) the introduction of mechanisms for the effective implementation of judgments of the European Court of Human Rights in individual cases; 6) the provision of adequate funding and resources to law enforcement and law enforcement agencies.

Forensic characteristics of criminal offences against justice committed by professional participants in legal proceedings

Ye. Yu. Sup — 2025-04-14

The article emphasises that criminal offences against justice committed by professional participants in justice are characterised by a specific intent, which is to violate the principles of justice, undermine confidence in law enforcement agencies and the judicial system, and also to cause harm to both victims and society as a whole. Given these features, it is substantiated that the development of methods for investigating such offences is one of the main tasks on the way to counteracting these facts of criminal behaviour.

Based on the generalisation of scholars’ approaches, it is additionally argued that forensic characterisation is a mandatory substantive component of a separate methodology for investigating criminal offences. Given some differences in the mechanism of criminal unlawful activity, the crimes and criminal misdemeanours under study are divided into three subgroups, and then the components of the mechanism are studied for each subgroup. According to the results of the analysis of specific features of the type mechanism of criminal unlawful activity, the structure of forensic characteristics of criminal offences against justice committed by its professional participants is determined. It is found that its substantive elements can be classified into two groups: basic and additional (optional). The basic elements of the forensic characteristics of criminal offences of the type under study include: the method of commission, the circumstances of commission, including place and time; traces of criminal activity; identity of the offender and identity of the victim. The optional elements (which are not always reflected in the mechanism of criminal activity) are the instruments and means of committing criminal offences, as well as the motives and objectives of criminal behaviour.

Prospects for further research are identified in a thorough understanding of each of the identified elements of the structure of the forensic characteristic.

Historical background to the formation of the forensic doctrine on neutralising investigation counteraction

O. M. Tarkan — 2025-04-16

The article substantiates that in the course of historical development of mankind, counteraction to an investigation naturally accompanies such a form of social activity as criminal activity, and therefore, is a substantive component of criminal activity. Scientists began to pay substantial attention to its study in the theory of national forensics in the 60s of the twentieth century. The next stage of its active discussion by the scientific community began in the 90s of the twentieth century, and in the early 2000s it already took the form of systematised comprehensive scientific developments which comprehended theoretical issues and reflected certain practical recommendations for overcoming it. It is determined that the next milestone in scientific research should be associated with 2014, when the aggressor country invaded the territory of Ukraine and occupied part of its territory, which once again provoked an increase in the crime rate.

It is established that currently, scientific works reflect the theoretical and pragmatic foundations of overcoming counteraction to pre-trial investigation, as a rule, in relation to certain groups of criminal offences. Given the subject matter of forensics and its paradigm, the author substantiates the possibility of distinguishing the forensic doctrine of countering the investigation and its neutralisation. First of all, this is due to the complexity of this phenomenon – allocation of an independent mechanism of countering the investigation, which is associated with the transformation of certain information about the event of a criminal offence, thereby ensuring the movement of criminally relevant information and acquiring external expression in material and ideal traces-reflections. With this in mind, the author substantiates the possibility of forming a forensic doctrine of countering the investigation and its neutralisation, since its subject matter may be relatively independent signs of criminal activity.

It is determined that the prospects for further research are to systematise the already developed scientific provisions and to develop, on this basis and taking into account the needs of law enforcement, the substantive components of this doctrine.

Features of the children’s paints classification for forensic examination

G. V. Tyshchenko — 2025-04-16

The aspects of the classification of children’s paints in the context of forensic commodity examination are considered, in particular, their compliance with safety requirements and quality standards. Children’s paints are special products that must be tested for compliance, toxicity and other characteristics that ensure their safety for children’ health. One of the main problems considered in the article is the classification of children's paints according to criteria such as the type of paint, composition, physicochemical properties and purpose for a specific age category. The authors analyze the methods used to determine the compliance of children’s paints with international and national safety standards, in particular, such as EN 71 and ASTM D-4236. The methods of expert examination of children’s paints are presented in detail, including spectroscopy, chromatographic methods, as well as organoleptic studies that interfere not only with the chemical composition, but also with physicochemical characteristics, such as resistance to temperature, humidity and mechanical damage. In addition, attention is paid to the study of the microbiological purity of the paint, which is an industrial aspect in assessing the safety of the product for children. Thanks to the introduction of chemometric instrumental methods of analysis, the examination of children’s paints can provide a more accurate classification and compliance of products with quality and safety standards. Determining compliance with the standards of the paint labeling is an important part of the process, as it ensures that consumers receive proper information about the composition, age restrictions and other important parameters. Defects of children's paints that may arise due to violations of the manufacturing technology or storage conditions, such as changes in consistency, delamination, changes in color or odor, are studied. The assessment of such defects allows solving problems at an early stage, which contributes to increasing product safety and its compliance with standards.

Peculiarities of plant-based meat substitutes classification in the course of forensic commodity examination

L. Yu. Ulybina — 2025-03-25

The article deals with the peculiarities of classification of plant-based meat substitutes in the course of forensic commodity examination. The main attention is paid to determining the authenticity, quality and compliance of these products with regulatory requirements. The examination involves a sequence of studies, including composition analysis, identification of sources of protein components, assessment of textural and organoleptic characteristics, as well as identification of possible impurities and contaminants. These studies are aimed at ensuring the quality and safety of plant-based meat substitutes, which is important for consumer protection and product confidence. The methods of examination, including the use of gas and liquid chromatography, Fourier transform infrared spectroscopy, and solid-phase microextraction, are systematised. The article describes microbiological methods of analysis that allow assessing the microbiological safety of products and identifying the risks of their consumption. Particular attention is paid to the types of defects in plant-based meat substitutes that can occur due to process violations, improper storage or transportation conditions. The most common defects include the presence of mould, changes in texture, smell, taste, and signs of spoilage caused by fat oxidation or contamination with foreign substances. The article describes the sequence of actions performed during the examination: from the initial inspection of the sample, including visual assessment, analysis of texture, colour, smell, and ending with the comparison of the results with the established quality standards. The results of the study are of practical value for expert organisations, manufacturers and consumers. The material presented here contributes to the expansion of the methodological basis of forensic commodity expertise and the formation of criteria for evaluating innovative products.

Forms of specialist knowledge applied in the criminal investigation of offences in the field of economic activity

V. O. Usatii — 2025-04-14

The article substantiates that the scientific literature uses various concepts to denote the ways in which specialist knowledge is used in the course of criminal investigations. The generalization of the Ukrainian scholars’ theoretical approaches made it possible to argue for the expediency of using the concept of “form of use of specialist knowledge”, since it indicates not only the external expression of such activity, but also covers the objective and subjective conditions in which specialist knowledge is implemented, as well as the legal framework which determines the procedural procedure for its application.

Based on the analysis of theoretical developments of scholars and generalisation of law enforcement practice materials, the article establishes that various forms of use of specialist knowledge are implemented during the investigation of criminal offences in the field of economic activity. It is argued that the following may be defined as classification criteria for the forms of use of specialist knowledge: procedural position of the person who implements it; importance for solving tactical tasks of investigation; stage of criminal procedural activity at which it is implemented; depending on the subject who uses specialist knowledge, availability of evidentiary potential in the results of its use, etc.

It is found that the typical procedural forms of using specialist knowledge for the group of criminal offences under study are: engagement of an expert to conduct an examination, engagement of a specialist to draw up an opinion, and participation of knowledgeable persons in investigative (search) and procedural actions. A non-procedural typical form of using the specialist knowledge of knowledgeable persons provided during the pre-trial investigation of criminal offences in the field of economic activity is the consulting activity of specialists.

The emphasis is placed on the prospects for further research in the context of clarifying the typical forms of use of specialist knowledge which are implemented during the trial of criminal offences in the field of economic activity.

Prosecutorial supervision of covert investigative (search) actions during the investigation of drug-related crimes

I. Yu. Shelikhovska — 2025-04-29

The features of prosecutorial supervision over the conduct of covert investigative (search) actions during the pre-trial investigation of drug-related crimes have been explored as an important component in ensuring the legality and effectiveness of counteracting criminal offenses in the field of illegal drug trafficking. Through a systematic analysis of the Criminal Procedural Code of Ukraine and the practice of applying its provisions during procedural leadership in the pre-trial investigation of drug-related crimes and the conduct of covert investigative (search) actions, the most important elements of the prosecutor's activity have been identified. Both the procedural and organizational aspects (foundations) of their work have been considered. The subject and means of prosecutorial supervision over the pre-trial investigation of drug-related crimes have been defined. It has been established that the latent nature of drug-related crimes leads to the widespread use of covert investigative (search) actions to detect and document these criminal offenses. In criminal proceedings of the investigated category, the full range of covert investigative (search) actions provided for by the Criminal Procedural Code of Ukraine has been used. Their optimal list, timing, and location in each investigative situation must be determined separately, taking into account the means of concealment used and potentially available to individuals involved in the commission of drug-related crimes.

A key role in determining the list and sequence of covert investigative (search) actions during the pre-trial investigation of drug-related crimes is actually played by the prosecutor, due to their procedural powers. The prosecutor bears the main responsibility for ensuring the effectiveness and legality of covert investigative (search) actions, as well as the admissibility of using their materials as evidence in criminal proceedings. However, the determination of the system of covert investigative (search) actions in a specific criminal case should rely on constructive interaction between the prosecutor, the investigator, and the employees of operational units involved in the operational support of the criminal proceedings. The criteria that must be monitored by the prosecutor to ensure the legality of conducting a specific covert investigative (search) action during the pre-trial investigation of drug-related crimes have been identified.

Expert information technology in the collection and analysis of computer data

M. H. Shcherbakovskyi — 2025-04-01

In the modern period of society’s informatisation, the growth of heterogeneous information resources, the development of information technology and the existence of traces of offences in the form of computer data serve as the basis for the formation of expert information technologies. Expert technologies for investigating traces of criminal offences are a type of forensic technologies used in criminal proceedings and represent a set of consistent procedures, operations, techniques and methods of using technical means to solve a task.

Expert technology as an embodiment of an innovative approach to the practice of combating crime is considered to be a holistic structure of practical solution of expert tasks, including logistics, application of expert methodological, organisational and managerial measures. The main purpose of expert technology is the optimal combination of all structural elements of expert activity, which streamlines the process of their practical implementation. Expert information technology as a complex category includes theoretical, legal, methodological, organisational, hardware, software and information components.

The article defines expert information technology as a system of scientific provisions, legal norms and methodological and organisational recommendations based on them regarding the practical use of technical means, programs, systems, information arrays and databases used in the process of conducting forensic examinations, with a view to improving the efficiency of solving the tasks of collecting and researching computer data.

It is shown that there are three ways of implementing hardware, software and information components into expert technology: a) use of ready-made software and hardware information technologies; b) modernisation and transformation of existing information technologies with due regard for the specifics of the tasks performed by forensic examination; c) development of special expert information technologies. On the example of existing computer programs, the author demonstrates an experimental method of selecting a software product for solving the expert task of restoring destroyed computer data.

Establishment of the Council of Europe’s activities on the protection of human rights and freedoms

L. L. Honcharenko — 2025-04-14

The article is devoted to the process of the establishment of the Council of Europe's activities in the field of human rights and freedoms protection. The historical context of the creation of this organisation after the Second World War is analysed, in particular, the prerequisites that led to international cooperation of European countries on this issue.

The founding of the Council of Europe in 1949, its basic principles enshrined in the Charter, as well as the stages of development of the organisation's human rights mechanism are considered. Considerable attention is paid to the adoption of the European Convention on Human Rights in 1950, its structure, fundamental rights and freedoms guaranteed by the document, as well as further amendments and additions adopted in the form of annexes. The author analyses the evolution of the human rights mechanism, including the adoption of additional protocols that expanded the list of guaranteed rights and improved the procedures for their protection.

The process of reforming the system of human rights monitoring, which culminated in the adoption of Protocol No. 11, which established the permanent European Court of Human Rights, providing it with supranational status and compulsory jurisdiction, is considered. The role of the European Court of Human Rights and the European Commission of Human Rights, their evolution and reforms, in particular the 1998 reform that led to the creation of a single permanent Court, are examined.

Particular attention is paid to the analysis of the system of control over the observance of human rights within the Council of Europe, its impact on the legal systems of member states and the development of European precedent. The study concludes that the activities of the Council of Europe have become a key element in the formation of the human rights protection system, and the European Convention on Human Rights has established international bodies for monitoring the observance of these rights and fundamental freedoms and empowered them to make decisions binding on member States, which has made it possible to achieve real restoration of human rights and freedoms in case of their violation. It is emphasised that the activities of the Council of Europe and its human rights mechanism have contributed to improving the level of human rights protection in Europe. The European Convention on Human Rights and its mechanisms have become an effective tool for ensuring democratic standards and the rule of law in the member states of the Council of Europe.

Optimisation of psychological assessment of juvenile prevention police personnel for the purpose of professional selection and appointment

V. I. Barko — 2025-03-24

The article is devoted to the problem of finding the optimal psychodiagnostic tools that would enable a comprehensive study of individual and personal characteristics of police officers with a view to their psychological selection for service and appointment of current police officers to positions. An empirical study has been conducted covering a representative sample of police officers of juvenile prevention units, based on the theoretical concept of studying the individuality of a police officer based on the principles of systematicity, optimization, theories of integral individuality, traits and orthogonal personality models; the use of scientifically based criteria and indicators of a person’s psychological suitability for police work, which reflect the main individual and personal characteristics of police officers, as well as the implementation of the original author’s psychodiagnostic complex of valid and reliable methods of systematic psychodiagnostic research of police officers. A variant of the diagnostic complex is proposed, which includes adapted tests: general abilities (Amthauer’s level and structure of intelligence, Manoilova’s emotional intelligence, Mede-Piorkowski’s creativity); individual and personal characteristics (questionnaires of Individual-Typological, Mini-Multiple and Big Five), orientation (questionnaires of Richie-Martin and Jones-Crendall). The fact that subjective questionnaires belong to the theoretical orthogonal individual-personality model allows the psychologist to compare, clarify, and supplement the results obtained during testing and formulate a reliable psychodiagnostic conclusion. Thus, according to most criteria and relevant indicators, the psychodiagnostic tools selected for predicting the success of juvenile prevention police officers work successfully. The study using this complex confirmed the possibility of successful differentiation of juvenile prevention police units by levels of psychological fitness for duty and thus predicting the success of their professional actions as police officers.

Physical training as a factor of psychological rehabilitation and readaptation of military personnel

S. V. Tamarin — 2025-04-01

The analysis of scientific and applied research on the impact of physical activity on mental health is carried out. The training technology for improving the mental state of military personnel is presented. The results of observing changes in the psychophysiological state of the military after intensive physical training are highlighted.

The nature of changes in the psychophysiological state of the military under the influence of physical activity is determined. The results of the survey of the participants of the experimental group showed that physical training helps to relieve fatigue and restore strength in a short time, reduces anxiety and tension, increases physical endurance, facilitates adaptation in extreme conditions, balances the emotional state, improves mood and concentration, speeds up metabolism, reduces (prevents) cramps, helps to get rid of anxious thoughts.

Monitoring the behaviour and condition of the military who regularly performed physical activity showed that most soldiers improved their psychological stability in both stressful and everyday situations; increased physical endurance; stabilised sleep; reduced conflict; optimised the social and psychological climate in the team; improved attentiveness and physical endurance during combat missions. The results obtained can be useful in the process of developing psychological rehabilitation and readaptation programmes for the military.

It was found that regular physical activity helps to reduce stress, anxiety and depression, which are critical aspects for survivors of combat and other traumatic events. During exercise, biochemical changes occur in the body that stimulate the production of hormones that improve mood and emotional state.

Physical training is an integral part of a comprehensive approach to the psychological and social rehabilitation and readaptation of military personnel, as it ensures the integration of physical, mental and social health. In combination with other methods, such as psychotherapy, social support and educational programmes, physical activity contributes to the full recovery of the individual.

Social intelligence and peculiarities of managerial decision-making by higher education students studying in the speciality “Law Enforcement”

S. V. Kharchenko — 2025-04-18

It is emphasised that the developed social intelligence is an important property of the subject of managerial activity, which allows building more effective interpersonal relationships in terms of achieving the goal, including vertical ones: manager-subordinate.

The article presents the results of an empirical study on the relationships between the components of the structure of social intelligence abilities and the peculiarities of managerial decision-making (“Power” and “Behaviour in a problem situation”) of higher education students studying in the speciality “Law Enforcement”. The study involved the first-year students of the Military Law Institute of the Yaroslav Mudryi National Law University, studying “Law Enforcement”. The empirical data were obtained using the psychodiagnostic methodology of social intelligence research by J. Guilford and M. Sullivan and the questionnaire “Assessment of Management Decision-Making Styles”.

It is proved that the orientation of future law enforcement officers to achieve results by any means, even the most severe ones, building relationships with subordinates on the basis of unquestioning subordination, emphasising their own status as a leader are closely related to the level of social intelligence and are reliably related to the level of development of the ability to predict the consequences of the behaviour of others in a given situation and to understand the logic of interaction situations and the significance of people's behaviour in these situations. A special place is shown for the ability to logically generalise, to identify common essential features in various non-verbal reactions of a person regarding styles of managerial decision-making.

The level of social intelligence and most of the abilities that determine it had a reliable feedback with the pole “Production of a problem situation (decision-making situation)” in future law enforcement officers. Thus, the desire to avoid a decision-making situation is probably related to the unpreparedness of higher education students at this stage of their professional development to make managerial decisions and the need to improve skills in developing and making managerial decisions when forming a soft skills case, which should be given special attention.