Bulletin of Kharkiv National University of Internal Affairs

The Normative Basis of the Legal Status of a Military Serviceman on the Lands of Ukraine in the 19th Century

B. H. Holovko — Wed, 23 Jul 2025 00:00:00 +0300

In search of an answer to the question of the reasons for the unprovoked aggression of the Russian Federation against Ukraine, researchers turn to the first steps in the common history of the two states, including in the field of military law. One of the key problems in this direction is the clarification of the legal status of a serviceman on the territory of Ukraine during the period of Modern History. The issue is complicated by the fact that as a result of the partitions of Poland in the late 18th century and early 19th century, Ukrainian lands were annexed to foreign states, which initiated the absorption of Ukrainian law by the legal systems of the metropolitan states. It has been proven that the state's attitude towards the military, the system of mutual rights and obligations was determined depending on the territory of which state the Ukrainian military was located. It can be assumed that the legal status of a military serviceman was more democratic if we are talking about his definition by the law of the Austrian or, over time, the Austro-Hungarian Empire. At the same time, the rights of the military under the law of the 19th century Russian state were subject to excessive administration. It is determined that the accession of the legal system of the Ukrainian territories had certain positive consequences as a manifestation of legal acculturation. At the same time, it is quite obvious that the spread of foreign legal systems on the lands of Ukraine had the negative consequence of forgetting the very original and attractive local features of law that had developed in previous times and provided for much more significant protection of the rights of the military, his participation in democratization of the armed forces through participation in leadership elections, accountability, a system of incentives, a fair system of punishments, etc. It has been established that the law, primarily of the Russian Empire, in attempts to determine the legal status of the military, first of all, turned to the class and social origin of the person, accordingly increasing the scope of rights of officers, senior and higher and limiting the rights of ordinary servicemen. Moreover, the military laws of the Russian Empire contained certain oppressions regarding the recruitment and career growth of residents of Ukrainian lands. It has been proven that, at least until the military reform of 1874, the possibility of protecting the rights by the military in court, was severely limited due to the imperfect organization of military courts. In our opinion, considering the above circumstances may be useful in the process of improving the military law of Ukraine.

Law-Making Regulated by Law in Ukraine

V. Ye. Kyrychenko — Wed, 23 Jul 2025 00:00:00 +0300

The article traces the main directions of the transition in theoretical discourse on law-making from the Soviet era to the present day, highlighting the historical and methodological foundations of its development. It demonstrates that as a phenomenon of social reality, law-making plays a fundamental role in the development of society, as it is aimed at the creation and improvement of a general, coherent system of legal norms that regulate social relations and have a binding character.

Given its historical determinism, the article examines the dynamics of perspectives on the theoretical issues of law-making and the presence of political influence in their formation. Attention is drawn to the issue of continuity in scientific knowledge within law-making research. The statist approach to understanding law-making as an exclusively state-driven activity continues to dominate contemporary Ukrainian legal thought and is even more apparent in everyday legal practice. Although current studies emphasize that the law-making process represents a dual, purposeful activity of civil society and authorized law-making bodies, further analysis of the content of law-making focuses solely on the activity of the latter. The article characterizes methodological approaches to the development of law-making ideas.

Attention is also given to the need for a critical rethinking of the positivist approach to the understanding of law-making, which relies solely on formal-dogmatic methods and a scholastic perception of law. It emphasizes the need for an effective, rather than populist, shift toward a natural law methodology and a legal understanding that aligns with the European liberal-democratic model.

The legislative regulation of the process of drafting and adopting normative legal acts in Ukraine has a complex and challenging history, which clearly illustrates the difficulties of the country’s transitional transformation. Accordingly, the study analyzes the emergence of legislative definitions of law-making activity and their impact on the further conceptualization and development of the modern model of this activity.

Procedural Law of Ukraine in the Cossack Era (16th – 18th Centuries)

D. V. Slynko — Wed, 23 Jul 2025 00:00:00 +0300

The research is devoted to the study of the procedural law of Ukraine in the Cossack era. It is established that the process of law-making on the territory of Ukraine has been ongoing and has a thousand-year tradition. The development of legal norms, including procedural ones, in the Ukrainian lands did not stop even in the periods of absence of the Ukrainian nation-state. This is due to the preservation of customs and traditions of people’s government and self-government in the popular consciousness. It is determined that the Cossack law and its procedural component were a system of customary legal norms which owed their origin to the social phenomenon of the Cossacks. It is noted that the revival of Ukrainian statehood, in turn, contributed to the further development of procedural rules, since the further genesis of procedural law was based on the universals of hetmans and colonels. The structure of the Cossack State was determined by the traditions of people's rule in the organisation and exercise of power. The unique legal innovations in the area of judicial proceedings enshrined in the 1710 Constitution of Pylyp Orlyk are examined. Although these provisions were not practically implemented, they demonstrated a fairly high level of development of Ukraine’s procedural law during this period and revealed to the world the maturity of Ukrainian statehood ideas, according to which the judicial system was viewed as an independent, separate branch of government. Attention is drawn to the continued influence of ecclesiastical customary law on Ukrainian lands during this time. This is due to the fact that, among other factors, the effectiveness of the procedural component of Cossack law largely depended on Orthodoxy, as it served as a normative and value-based measure for Cossack customs and their application. It is noted that the manifestations of procedural law in the Ukrainian lands can be considered the procedural rules which were in force on the territory of Ukraine as a result of the influence of the Polish-Lithuanian Commonwealth, the Moscow State and the procedural component of Magdeburg law.

The Higher Education Students’ Rights under Martial Law

S. V. Vasyliev — Wed, 23 Jul 2025 00:00:00 +0300

The article is devoted to the problems of legal regulation and peculiarities of exercising students' rights under martial law. The legislative and bylaw acts, works of individual scholars who have studied the problems of legal regulation of the educational process under martial law are studied. The scientific novelty of the study is to identify the peculiarities of exercising the rights of higher education students under martial law and to develop proposals for improving current legislation.

It is noted that the organisation of the educational process under martial law affects the exercise of the rights of students. It is emphasised that higher education students have the right to access the educational process in the safest form, i.e. in the form of distance learning. It is concluded that there are special rules for higher education students participating in international academic mobility programmes to travel outside the territory of Ukraine. It is emphasised that the categories of students entitled to social scholarships have been expanded to include internally displaced persons, children of combatants and prisoners of war. It is noted that higher education students can either apply for a deferment from mobilisation or an academic leave in case of voluntary mobilisation to the Armed Forces of Ukraine. It is specified that students retain the right to vacation leave, scholarships, protection from mental and physical violence, as well as other rights provided for by the legislation on education

Proposals for improving the current legislation have been developed. It is emphasised that it is necessary to adopt a separate regulation on the specifics of distance learning in higher education institutions. It is proposed to amend the Regulations on the Practice of Students of Higher Education Institutions, approved by the Order of the Ministry of Education and Science of Ukraine of 8 April 1993, to ensure the safety of students during their practice.

Experience of European Countries in Ensuring Access to Justice Through Legal Costs

M. V. Haidar, O. M. Shumilo — Wed, 23 Jul 2025 00:00:00 +0300

Access to justice is a fundamental principle in legal systems worldwide, ensuring that individuals can effectively exercise their rights and seek redress through the judiciary. This paper examines the experience of foreign states in facilitating access to justice through judicial expenses, particularly in the context of digitalization, group lawsuits, court fees, and mediation. The study is based on a comparative legal analysis of different judicial systems and their approaches to reducing financial barriers for litigants.

The research explores how various countries have implemented measures to enhance judicial accessibility, including fee waivers, state-funded legal aid programs, and alternative dispute resolution mechanisms. Particular attention is given to the role of digitalization in streamlining court procedures, reducing costs, and improving efficiency in case management. The paper highlights the significance of online dispute resolution platforms and electronic filing systems in promoting greater access to justice.

Additionally, the article delves into the impact of court fees on litigants and assesses the effectiveness of policies aimed at balancing the financial sustainability of judicial institutions with the need for equitable access. The study also discusses the role of class actions in providing an avenue for collective redress, particularly in cases where individual litigation would be prohibitively expensive.

The findings underscore the necessity of a balanced approach to judicial expenses, ensuring that cost structures do not deter individuals from pursuing legitimate claims. Recommendations are provided for policymakers to adopt best practices from international experiences, fostering a more accessible, efficient, and fair legal system.

“Two Concepts of Liberty” by Isaiah Berlin and the Freedom of Will in Civil Law

V. O. Savchenko — Wed, 23 Jul 2025 00:00:00 +0300

This research undertakes a comparative analysis of Isaiah Berlin’s influential philosophical framework of negative and positive liberty and the legal-theoretical concept of “Freedom of Will in Civil Law”. The primary aim is to elucidate the intricate relationship between these abstract ideals of liberty and their concrete manifestations within contemporary private law. The study is devoted to how the concept of free will, understood as a legally recognized capacity to act, is qualified and challenged by socio-political realities, which Berlin seeks to analyze in his concepts. The methodology involves a critical analysis of Berlin’s “Two Concepts of Liberty” and Savchenko’s monograph, a comparison of their main provisions, and an examination of their application to fundamental areas of private law, such as contract, tort, and property law. The relevance of this topic stems from the foundational role of liberty and free will in legal doctrines governing individual autonomy, consent, and responsibility. The scientific novelty lies in the direct comparative analysis of Berlin’s philosophical constructs with the specific legal framework of freedom of will, particularly within the Ukrainian civil law context, and the exploration of this interplay’s implications for understanding power dynamics, fairness, and the limitations of legal capacity in private law. The main results indicate that “freedom of will” requires conditions akin to both Berlin’s negative (non-interference) and positive (self-mastery) liberty for its meaningful realisation, and that Berlin’s framework offers critical tools for assessing the substantive reality of legally granted freedoms. This research has practical significance for legal scholars, practitioners, and policymakers grappling with issues of consent, unconscionability, and legal capacity, offering a nuanced understanding of how philosophical concepts of liberty inform and challenge legal practice. The conclusions emphasise the necessity of a multi-faceted approach to freedom in law, one that recognises the legal capacity for will, protects against interference, and cautiously promotes conditions for genuine autonomous decision-making, while acknowledging the critical perspectives that challenge and refine these concepts.

Incentive Rules as an Institution of Civil Law of Ukraine

Yu. I. Chalyi — Wed, 23 Jul 2025 00:00:00 +0300

It is noted that incentive rules, if assessed by the methodology of legal influence, are an autonomous institute of civil law. These rules are neither part of the system of rules on civil liability nor of the system of rules on enforcement of obligations. There is no correlation between the rules on civil liability and the rules on ensuring proper performance of obligations, as well as incentive rules, as between general and special provisions or between legal phenomena, some of which are a kind and others are, respectively, a variety of the former. The regulatory grouping that forms the civil law institution of incentives includes not only legislative incentive provisions, but also incentive provisions (conditions) of private law contracts.

The basis for the institutional separation of statutory and non-statutory incentive provisions (incentive terms of private law contracts) is primarily the legal regulatory methodology. Its fundamental difference is that the application of civil liability measures and remedies to enforce obligations are examples of so-called negative enforcement, while the implementation of incentives is positive enforcement.

Incentives encourage obligated parties to fulfil their obligations not just properly (statistically normal), i.e. in compliance with only the minimum sufficient requirements, but with the maximum possible effort (most efficiently, quickly, economically in the interests of the legally entitled party to the legal relationship, etc.) When applying incentives to obligated parties to legal relations, such parties make their best efforts at their own discretion, i.e. this element of behaviour is their right, not their obligation.

Another specific feature of the regulatory effect of incentives is that, unlike civil liability and means of ensuring proper fulfilment of obligations, they are not aimed at restoring property or other losses of participants to civil legal relations, since the actual circumstances under which civil law incentives are applied are not related to the need to restore the property or other status of the injured persons.

Legal Classification of Employment Relations of State Bureau of Investigation Personnel

D. Ye. Zherebtsov — Wed, 23 Jul 2025 00:00:00 +0300

The sectoral affiliation of employment relations concerning personnel of the State Bureau of Investigation (SBI) is examined. The scholarly contributions regarding the classification of service relations within law enforcement agencies are analyzed. Particular attention is given to the labor law status of various categories of SBI employees.

It is noted that Ukrainian national legislation classifies SBI personnel into three groups: members of the rank-and-file and commanding staff; civil servants; and individuals who have signed employment contracts (agreements) with the SBI. It is indicated that the labor relations involving the latter group fall within the scope of labor law. Specifically, individuals who have signed an employment contract with the SBI work under the Law of Ukraine “On the State Bureau of Investigation” and the general labor legislation.

It is demonstrated that the service of members of the rank-and-file and commanding staff, as well as civil servants, possesses all the fundamental characteristics of dependent, hired labor as defined in legal literature. Therefore, it is proposed that their service be considered a type of dependent, hired labor of a special nature, and the relations arising from such service be recognized as labor relations governed by labor law.

It is proposed to amend the Law of Ukraine “On the State Bureau of Investigation” by adding two articles: “Peculiarities of Legal Regulation of Labor Relations of Civil Servants of the State Bureau of Investigation” and “Peculiarities of Legal Regulation of Labor Relations of Employees Who Have Entered into Employment Contracts with the State Bureau of Investigation”. These articles should outline the specifics of labor activity for these categories of employees and include reference provisions to civil service and labor legislation for those aspects of service/work that may be regulated under the general procedure.

Monitoring of the Constitutional Right to Leave under Martial Law by the Ukrainian Ombudsman

Yu. F. Ivanov, M. V. Ivanova — Wed, 23 Jul 2025 00:00:00 +0300

The article reveals the role of the Ukrainian Parliament Commissioner for Human Rights in exercising parliamentary control over the observance of the constitutional right to leave. It is noted that the Ombudsman of Ukraine is an integral element of the constitutional system of protection of human and civil rights and freedoms, whose activities are characterised by a high constitutional status, independence from any body and the possibility of direct appeal by the general public.

It is noted that the exercise of the right to leave is a biological necessity for a person to restore his/her working capacity and meet vital needs; failure to exercise this right, even under martial law, may adversely affect a person’s health and life. The article identifies the inability of employees to fully exercise their right to leave for various reasons. The inability of employees to properly exercise their right to leave in accordance with the provisions of the Law of Ukraine “On Overcoming Tuberculosis in Ukraine” due to the failure to adopt by-laws is established. The emphasis is placed on the violation of the right of pregnant women to postpone the start of maternity leave due to the late adoption of a departmental regulatory document.

The grounds for the Ombudsman of Ukraine’s appeal to the Constitutional Court of Ukraine on the unconstitutionality of certain provisions of the Law of Ukraine “On the Organisation of Labour Relations under Martial Law” are revealed. The requirements to be met by a constitutional petition are emphasised. It is proved that the right to file a constitutional petition is the right of the Ombudsman of Ukraine.

It is also proven that the activities of the Ombudsman of Ukraine complement the existing means of protection of constitutional rights and freedoms of man and citizen, do not cancel them and do not entail a review of the competence of state bodies which ensure protection and restoration of violated rights and freedoms.

Support Service for Military Personnel, Privates and Commanders of the Civil Defense Service, Police Officers and Members of Their Families as a Subject of Social Protection

K. Yu. Melnyk, R. V. Tatarinov — Wed, 23 Jul 2025 00:00:00 +0300

The article examines the state of legal regulation of the support services for military personnel, rank-and-file and senior civil defense personnel, police officers and members of their families. The points of view of scholars on the definition of the category of “social risk” are investigated. The legal status of the support service as a subject of social protection is studied.

The author notes the shortcomings of the national legislation regulating the activities of support services for military personnel, rank-and-file and senior civilian protection officers, police officers and members of their families. In particular, the legal status of the head of the support service; the rights, duties and responsibilities of the support service; the algorithm of interaction of the support service with social protection authorities, health care institutions, embassies and consulates of foreign countries; the procedure for the activities of support services to provide support to military personnel, rank and file and senior officers of the civil protection service, police officers who have been injured (contusion, trauma, maim), diseases, as well as family members of the above-mentioned persons who went missing under special circumstances, were captured, or died while performing combat (special) missions are not enshrined.

The necessity of developing a comprehensive regulatory legal act – the Regulation on Support Services for Military Personnel, Private and Commanding Officers of the Civil Protection Service, Police Officers and Members of Their Families – is substantiated. The following structure of this Regulation is proposed: section I “General provisions”, section II “Tasks and functions of the support service”, section III “Rights, duties and responsibilities of the head of the support service and the support person”, section IV “Procedure for the support service to provide support”, section V “Interaction of the support service with state authorities, local self-government bodies, embassies and consulates of foreign states”, section VI “Financial and logistical support of support services”, section VII “Control over the activities of support services”.

Administrative-Legal Regulation of the Implementation of Risk-Oriented Access in the Security Sector of Ukraine

K. L. Buhaichuk — Wed, 23 Jul 2025 00:00:00 +0300

The publication provides a scientific analysis of the concept and characteristics of the category of “risk”, as well as the procedure for applying the concept of “risk management” in the activities of state authorities that are part of the system of subjects of the security and defense sector of Ukraine. An analysis of the state of administrative and legal regulation of issues related to the implementation of risk-oriented approaches in the activities of the Ministry of Defense of Ukraine, the Ministry of Internal Affairs of Ukraine and other subjects of the security and defense sector is carried out.

It is emphasized that the content of the risk-oriented approach in the activities of security and defense subjects can be considered from two positions. In the first case, it is related to increasing the efficiency of internal management processes in the relevant state body, and in the second – it is related to the sphere of public relations, where the mentioned subjects exercise their security and law enforcement powers, which are defined by the current legislation of Ukraine.

The author’s understanding of the risk-oriented approach in the activities of security and defense sector entities is proposed as the implementation of regulatory and regulated procedures for managing risks that arise during the intra-organizational activities of relevant state bodies, as well as during the exercise of their powers enshrined in law to protect the rights and legitimate interests of individuals and citizens, ensure the sovereignty, independence and territorial integrity of the state, national security, and combat crime and other offenses.

The need to develop and adopt a framework order (methodology) to determine the standard procedure for applying a risk-oriented approach in the activities of security and defense sector entities both in the field of their intra-organizational activities and in the field of their subject competence, covering issues of ensuring the territorial integrity and protection of the state, ensuring national security, combating offenses, ensuring public order and safety, is substantiated.

The Effectiveness of Restraining Orders as a Tool for Preventing and Countering Domestic Violence

N. O. Hrom — Wed, 23 Jul 2025 00:00:00 +0300

The article provides a comprehensive analysis of the effectiveness of a special measure to combat domestic violence – an emergency restraining order – as a key tool in the system of preventing and combating domestic violence. It examines its specific features, which consist of its rapid application, prevention of harm to the mental and physical health of the victim, and the ability to immediately isolate the abuser from the victim without lengthy bureaucratic procedures. Particular attention is paid to the role of risk assessment at the stage of issuing an emergency restraining order, the challenges faced by law enforcement agencies, including mistrust on the part of judges. It has been found that, despite the potential of this institution, judicial practice often demonstrates distrust of police decisions to issue emergency restraining orders based on risk assessment and personal conviction, which ultimately negates the key advantages of the order, such as speed and effectiveness. The article also examines the complex issue of the violation of the constitutional rights of abusers in the case of issuing an emergency restraining order against them, which, although aimed at protecting the victim, nevertheless temporarily restricts certain rights of the person suspected of domestic violence. In conclusion, the properties of an emergency restraining order are outlined, including the following: a tendency to regulate in detail the procedural aspects of issuing an emergency restraining order and bringing administrative liability for its violation, related to the ratification of the provisions of the Istanbul Convention; the fact that this procedure is carried out exclusively by competent employees of the National Police of Ukraine; the impossibility of issuing an urgent restraining order without carrying out another procedure – conducting a risk assessment of domestic violence; mandatory documentation, the rules and forms of which are established by current administrative legislation; the purpose of this administrative procedure is to immediately stop domestic violence and prevent its continuation; the efficiency and effectiveness of this measure.

Legal Basis for Interaction between Authorities in Providing Rehabilitation Assistance to Military Personnel in Ukraine

O. A. Ivakhnenko — Wed, 23 Jul 2025 00:00:00 +0300

The scientific research is devoted to establishing the peculiarities of interaction between various authorities to ensure the provision of rehabilitation assistance to military personnel in Ukraine. Legislative and subordinate acts regulating relations in the field of healthcare and the powers of individual authorities have been studied. The works of researchers devoted to the problems of providing rehabilitation assistance to military personnel in Ukraine have been studied.

It is noted that the legal regulation of the interaction of government authorities in providing rehabilitation assistance to military personnel in Ukraine involves establishing, in legislative and subordinate acts, the conditions for joint activities of government authorities in the field of medical rehabilitation, maintenance and material support of rehabilitation facilities, and the referral of military patients to healthcare institutions under other departmental subordination.

It is concluded that Ukrainian legislation provides for the following areas of interaction between different authorities in the process of providing rehabilitation assistance: interaction between local state authorities and local self-government bodies on issues related to the maintenance of rehabilitation facilities and the provision of rehabilitation services; cooperation between the Ministry of Health of Ukraine and the Ministry of Social Policy of Ukraine with other authorities in the process of organising the work of rehabilitation facilities and providing persons with disabilities with rehabilitation aids; cooperation between militarised authorities in the process of providing rehabilitation assistance to military personnel in sanatorium and resort facilities of various subordination. It is noted that many militarised authorities have rehabilitation facilities under their jurisdiction, where military personnel can receive rehabilitation services.

It is proposed to develop joint orders of the Ministry of Health of Ukraine and the military authorities regarding the provision of rehabilitation services to military personnel in state-owned healthcare institutions.

Activities of Administrative Judiciary During Marital State in Ukraine

M. V. Kolesnikova, D. O. Vavilo — Wed, 23 Jul 2025 00:00:00 +0300

The article examines the problem of access to justice in Ukraine under the conditions of martial law that has been ongoing since 2014, in particular after the start of a full-scale invasion of the Russian Federation in 2022. Emphasis is placed on the need to ensure the functioning of the judicial system even in conditions of active hostilities, because according to Article 124 of the Constitution of Ukraine and the Law of Ukraine “On the Legal Regime of Martial Law”, courts are obliged to continue their activities and cannot limit their powers. This issue has become particularly relevant due to the escalation of the conflict and the growing challenges facing the administrative courts, which must ensure access to justice despite logistical and organizational difficulties. The study notes that even in extraordinary legal regimes, according to the recommendations of the Venice Commission, the judicial system must adhere to the principles of a fair trial. The article also analyzes the main problems faced by the administrative judiciary under martial law, in particular, the lack of funding, difficulties in organizing the work of the courts, the movement of participants in the process, and the need to change territorial jurisdiction. On the basis of the conducted analysis, the goals and tasks of the study, as well as proposals for improving administrative proceedings, are formulated. The importance of legislative changes that would allow courts to stop proceedings in cases when the participants cannot be present due to the circumstances of the war, as well as the need to ensure the rights and freedoms of citizens who find themselves in hostilities, is emphasized. The article emphasizes that administrative justice under martial law needs greater flexibility and adaptability to effectively resolve legal issues arising in this critical period. Thus, the study contributes to the study of the impact of the war on the legal system of Ukraine and emphasizes the need to preserve justice in constantly changing conditions.

Directions for Improving Administrative Legislation in the Sphere of State Security

S. F. Konstantinov — Wed, 23 Jul 2025 00:00:00 +0300

The article is devoted to the analysis of the problems of applying the norms of the Code of Ukraine on Administrative Offenses in the sphere of state security under martial law. Four key aspects are studied that limit the effectiveness of the Code of Ukraine on Administrative Offenses. Firstly, insufficient adaptation of the norms to the realities of war is revealed, in particular, the absence of specialized offenses to regulate such acts as ignoring alarm signals or spreading disinformation, as well as the inconsistency of sanctions with the severity of consequences in wartime. Secondly, the blurred boundaries between administrative and criminal liability are considered, which is manifested in the complexity of the qualification of acts (for example, between Article 173 of the Code of Ukraine on Administrative Offenses and Article 111 of the Criminal Code of Ukraine), uneven law enforcement, and inadequacy of procedural approaches. Thirdly, the limited scope of liability, which excludes legal entities from sanctions for violations in the areas of technogenic, cyber and economic security, despite their significant impact on national interests, is analyzed. Fourthly, the problems of proof and sanctions are highlighted: outdated methods of fixation (limited use of video recordings or digital evidence), short terms of appeal (2–3 months under Article 38 of the Code of Administrative Offenses), which complicate the consideration of complex cases, as well as low fines (up to UAH 1,700 under Article 77 of the Code of Administrative Offenses), which do not correspond to the level of public danger. Based on the analysis of current legislation, case law and scientific sources, the need for a comprehensive reform of the Code of Administrative Offenses is substantiated, in particular by adapting the norms to military conditions, clarifying the qualification criteria, expanding the subject composition and modernizing procedures and sanctions, to ensure effective protection of state security.

Analysis of the United Kingdom and the United States' Experience in Ensuring Legality in the Administration of Justice

I. M. Popovych — Wed, 23 Jul 2025 00:00:00 +0300

It is emphasised that in today’s globalised world, legal systems are increasingly oriented towards common values: protection of human rights, ensuring the rule of law, guarantees of judicial independence, transparency of procedures and effectiveness of legal protection. Effective and fair administration of justice is virtually impossible without ensuring its legality. An important aspect in this context is the study of foreign experience, which will allow the most effective models of law enforcement, judicial proceedings and the organisation of the legal system, which have already proven their effectiveness in democratic states, to be borrowed for domestic realities. That is why a comparative analysis will make it possible not only to identify the strengths of foreign legal mechanisms, but also to adapt them to national legal realities, taking into account the cultural, social and legal characteristics of the country.

It is noteworthy that the United States is the country with the most effective, strict, and democratic mechanisms for ensuring the rule of law. This is manifested in strict regulation of the independence of judges, as well as the presence of a wide range of entities authorised to verify not only the legality of decisions, but also the conduct of internal administrative activities in courts. The United States has independent bodies that monitor the conduct of judges and can initiate disciplinary proceedings against them.

The history of the British judicial system and the centuries-long development of the House of Lords Appeals Committee are analysed, and the key results of the 2005 constitutional reform are outlined.

It is stressed that the domestic justice system needs a thorough analysis of the experience of Great Britain and the United States in order to introduce effective tools and mechanisms for ensuring legality and resolving a number of organisational, institutional and regulatory issues related to their implementation.

Mine Action in Ukraine as an Administrative and Legal Category

V. I. Teremetskyi, M. Yu. Marchenko — Wed, 23 Jul 2025 00:00:00 +0300

The scientific article is devoted to the issue of defining mine action in Ukraine as an administrative and legal category, identifying existing gaps in legislative regulation, and outlining directions for their elimination. The legislative understanding of the term “mine action” and its component elements is clarified. It is noted that the key element of mine action is demining. The article emphasizes that the Law of Ukraine “On Mine Action” covers only humanitarian demining, which limits the concept of “mine action” to peacetime needs. This contradicts the international IMAS standards, which distinguish other types of demining as well.

The content of humanitarian demining is explored, and it is noted that the Interregional Center for Humanitarian Demining and Rapid Response has been established to carry out this activity as an emergency and rescue unit under the central command of the State Emergency Service of Ukraine. It is determined that State Emergency Service of Ukraine personnel, police sappers, and specialists from the State Special Transport Service are authorized to carry out operational demining in urgent situations to quickly respond to the detection of explosive objects in areas where they pose a threat to human life, transportation, and infrastructure. It is also clarified that military (combat) demining, unlike the previous types, is carried out by engineering units of the National Guard of Ukraine, the Armed Forces of Ukraine, and the State Special Transport Service to ensure the safety of military units during combat operations.

The article concludes that the current legislative approach to the concept of “mine action”, with demining as its central element, does not meet the requirements of legal certainty. It complicates the coordination of various mine action actors who carry out different types of demining and hinders the involvement of resources from international partners. It is proposed to legally define the types of demining in the Law of Ukraine “On Mine Action”, which would expand the scope of mine action and meet the needs of clear legal regulation.

Foreign Experience in the Legal Regulation of Corporate Ethics: Lessons for Ukraine (Using the Example of the U.S. Federal Bureau of Investigation)

Yu. V. Yakovenko — Wed, 23 Jul 2025 00:00:00 +0300

The article explores current issues in the foreign experience of legal regulation of corporate ethics, using the U.S. Federal Bureau of Investigation (FBI) as a case study. It outlines that the need to reform the Security Service of Ukraine (SSU) is driven by the necessity to enhance corporate culture, employee ethics, and public trust in the agency.

It is emphasized that the regulatory framework governing corporate ethics within the FBI is classified and available exclusively to its personnel. The study finds that the FBI’s corporate ethics are grounded in values such as strict adherence to the U.S. Constitution, compassion, leadership, respect for the dignity of all citizens the Bureau is tasked to protect, justice, personal integrity, institutional integrity, personal accountability, and answerability to senior leadership.

It is established that the norms governing corporate ethics at the FBI are set out in the Federal Bureau of Investigation Act and its internal code of conduct. The formation of corporate culture is shown to begin as early as training at the FBI Academy.

The article describes the FBI’s corporate culture as a closed, coherent structure that shapes relationships among employees, their values, mission, and responsibilities in the performance of their professional duties. The FBI’s corporate ethics constitute a set of rules and norms based on a unified value system defined by the FBI Act, which laid the foundation for the Bureau’s high professional prestige.

The article concludes that a positive step toward adopting the U.S. experience would be the creation of an Ethics Code for the Security Service of Ukraine (Corporate Ethics Code of the SSU), which would establish the groundwork for the development of a modern, high-quality law enforcement agency tasked with ensuring national security.

Prevention of Secondary Victimisation within the Ukrainian Barnahus Model in the Context of European Standards of Justice

N. P. Korol, O. V. Korol — Wed, 23 Jul 2025 00:00:00 +0300

The article states that in all cases where a child is subjected to abuse, authorised entities, including courts, must ensure that the child's interests are protected and their rights are upheld. Anyone involved with a child is responsible for performing their duties properly and effectively, in a friendly manner, bearing in mind the priority of the child's interests.

The lack of cooperation between representatives of the relevant services in cases of domestic violence forces children to undergo numerous interrogations, which can provoke a recurrence of their experiences and, consequently, re-traumatisation. This problem is extremely serious, given that obtaining truthful information from the child is crucial to ensuring their safety and protection, their physical and mental recovery, and the conduct of an effective investigation and trial. Unintentional discrepancies in testimony obtained at different times, in different places and by different authorised entities can lead to the child being discredited as a witness. In view of the above, interdisciplinary and interagency cooperation is identified as a decisive factor in the realisation of the rights of child victims and child witnesses of domestic violence to protection, participation, support and assistance from society.

The Barnahus model, introduced by Iceland about twenty years ago, quickly spread across Europe. According to the Barnahus network, as of May 2025, the model is being piloted and implemented in 28 countries, including Ukraine. The aim of the model is to ensure that every child has access to coordinated and effective assistance, as well as to prevent the child from being re-traumatised during the pre-trial investigation and court proceedings. One of the key tasks of the Barnahus model is to help obtain reliable evidence by gathering information from the victimised child or child witness in such a way as to avoid re-interviewing them in court. The implementation of this task requires the cooperation of numerous actors in the field of violence prevention and response, whose special training is a key part of the model's quality standards.

Current Issues in Normative and Legal Regulation of Crime Prevention in Ukraine: Necessity for Improvement

D. S. Melnyk — Wed, 23 Jul 2025 00:00:00 +0300

The article reflects the actual state of legal regulation of activities aimed at preventing crimes and other offences in Ukraine. Undoubtedly, there are problematic aspects and a necessity for improvement.

In particular, Ukraine currently lacks an adequate legislative framework for the prevention of offences that would correspond to the growing level of crime and threats to Ukraine's national security. In the absence of a special law, a significant part of the organisational issues of offence prevention is regulated by the statutes and, consequently, by departmental regulations.

There are also problematic issues in law enforcement practices regarding crime prevention: such activities focus not on the causes and conditions of crime and its development, but on the end results of criminal activity, which are mainly addressed through repressive measures. The insufficient level of professional training of the staff involved affects the effectiveness of crime prevention.

As a result, law enforcement agencies give priority to repressive measures and do not pay sufficient attention to the prevention of offences: it is often carried out in an unsystematic, situational manner and to the minimum extent necessary, and therefore remains insufficiently implemented in the practice of Ukrainian law enforcement agencies.

Based on the results, measures to improve legislative regulation of prevention in Ukraine have been proposed. It is necessary to adopt the law ‘On the Fundamentals of Crime Prevention’ and to develop regulatory and legal acts at the state and departmental levels aimed at its implementation and to ensure their implementation. The process of training and educating law enforcement officers in legal awareness requires constant improvement.

Problems of Formation and Implementation of the Criminal Law Policy of Counteraction to Terrorism and Armed Aggression

Yu. V. Orlov, S. V. Shchebetun — Wed, 23 Jul 2025 00:00:00 +0300

The article is devoted to the study of the problem of formation and implementation of the criminal law policy of counteraction to terrorism and armed aggression. It identifies, describes and explains the existing contradictions between the logics of peace and war in the dimension of competition between the anti-terrorist and anti-war paradigms. It is proved that they lead to misapplication of the law and violations to the principle of equality for citizens before the law. In addition, the ways of eliminating contradictions are proposed by changing approaches to the qualification of terrorist crimes, taking into account the armed conflict as a contextual element in the composition of relevant socially dangerous acts.

The final adaptation of the criminal law policy of Ukraine to its implementation in the context of the armed conflict should result in the transition to the qualification of such actions, and in cases where there are grounds for this, under articles providing for criminal liability of Ukrainian citizens for high treason, collaboration, and encroachment on the territorial integrity of Ukraine. As for the combatants, their actions should be qualified not as participation in terrorist organisations, not as terrorist acts, but as a manifestation of military collaborationism, as war crimes. This is required by the logic of war and the paradigm of repulsing the armed aggression carried out by the russian federation with the support of a part of the local population of Ukraine. In the same context, it is necessary to rethink the practice of qualifying a number of other acts committed outside the occupied territory or the territory of active hostilities and currently being legally assessed as terrorist acts.

It is emphasised that the prospect of cessation of hostilities on the territory of Ukraine is combined with a number of criminogenic risks of the transition period, including criminal extremism and terrorism. Therefore, by distinguishing the anti-terrorist policy from the policy of legal support for repelling armed aggression, it is necessary to form the readiness of the security sector of our state to respond promptly and adequately to possible terrorist challenges. The latter may be related to the aggressor state's attempts to delegitimise state authorities, provoke international complications, etc.

Criminal Law Characteristics of Criminal Offences Under Article 190 of the Criminal Code of Ukraine

S. O. Serbenyuk — Wed, 23 Jul 2025 00:00:00 +0300

Fraud exists in a wide range of social relations, including domestic, economic and other relations. At the same time, the development of technology and the emergence of new areas of economic relations (for example, virtual assets (cryptocurrencies) and cashless payments) contribute to the emergence of new techniques for committing fraud, while a low level of legal culture and selfish motives are the driving force behind the spread of fraudulent activities in social relations. The problem of preventing and combating fraud is particularly relevant in conditions of economic crisis or high inflation, martial law or a state of emergency, etc. In recent years, the number of such criminal offences has been on the rise.

This article is devoted to the consideration of the main aspects of the criminal law characteristics of fraud as a criminal offence under Article 190 of the Criminal Code of Ukraine. The review includes an analysis of such components as the object, subject, objective and subjective aspects of fraud. In addition to reviewing the key characteristics of the relevant criminal offence, attention is paid to statistical data on the characteristics of the subject and quantitative indicators. In particular, statistics on combating fraud are provided in the context of the relationship between the number of registered offences, charges brought and quantitative indicators of convictions of offenders. The focus is on fraud, but additional general statistical data on offences also covered by Articles 189 and 191 of the Criminal Code of Ukraine are provided. In addition, a review of patterns identified on the basis of judicial and investigative practice using statistical methods in cases of criminal offences such as fraud committed by women has been carried out. The review of statistics is completed with a brief note on the analysis of judicial practice regarding fraud committed using electronic computing technology.

The Seizure of the Chornobyl Nuclear Power Plant as a War Crime Against Radioecological Security: Criminological Analysis of the Mechanism of Commission

A. A. Ternavska — Wed, 23 Jul 2025 00:00:00 +0300

The article is devoted to the study of the mechanism of individual criminal behaviour, which manifested itself in the seizure of the Chornobyl nuclear power plant by russian military personnel and occupation of the adjacent territory. The characteristic of the complex motivational mechanism of this crime determination is given, which combines elements of indoctrination, the desire for recognition, as well as the desire to ensure both social and physical security, and to confirm membership in a social group. Additional arguments are presented to prove that the key decision to seize the station in the context of Russia's act of aggression against Ukraine was based on the historically determined, traumatically falsified, sentimental and personalist distorted nature of the desire for the conquest of its former metropolises, including Ukraine, by aggressive russia. This motivation is the deepest and is manifested in the activities of the top military and political leadership of the aggressor country, which is directly wanted by the International Criminal Court on suspicion of war crimes by vladimir putin and his circle of associates. Conformist motives are driven by the fear of being excluded from a social group. It is fear that pushes a person to act in accordance with behavioural patterns that are acceptable in a particular group.

It is identified and substantiated that the mechanism of the plant seizure includes related war crimes – causing damage to the environment due to a significant increase in radiation levels as a result of the movement of aggressor equipment, as well as cruel treatment of civilians, encroachment on property in the context of armed conflict (abduction, destruction and damage to property not caused by military necessity). The role of the criminogenic situation and post-criminal behaviour is described and explained.

The gaps in the system of criminal legal protection of radioecological safety from war crimes in terms of theft and export outside the exclusion zone of ionising radiation sources are identified. The ways to eliminate this gap are proposed.

Problematic Issues in Conducting Expert Examinations for the Calculation of Key Financial Indicators of Business Entities

Ye. M. Andrushchenko — Wed, 23 Jul 2025 00:00:00 +0300

The article examines methodological and practical aspects of analyzing and calculating the key financial indicators (ratios) of business entities. It analyzes the specific features of the methodology for their calculation as presented in current methodological documents approved at the ministerial level. The primary focus is on problematic issues that may arise for expert economists when conducting research related to the calculation of key financial indicators, the most significant of which is the impact of current legislation on the calculation algorithm itself.

Particular attention is given to changes in the structure of financial reporting, the data of which serves as the informational basis for conducting forensic economic examinations in this area. Based on the transformation of financial statement items (lines), an algorithm is proposed for calculating the key financial indicators (ratios), taking into account the current requirements of the National Accounting Standard 1 “General Requirements for Financial Reporting”.

Emphasis is placed on evaluating the calculated financial and economic indicators (ratios) of an enterprise or organization based solely on interim reporting data: for a quarter, half-year, or nine months. Attention is also drawn to the need to verify the accuracy of the financial statement data.

Thus, a qualitative approach at the initial stage of the examination and the proper transformation of the calculation algorithm for financial indicators, in accordance with the requirements of current regulatory documents, allow expert economists to significantly reduce the time needed to conduct forensic examinations in this field and help to mitigate the fact that the methodology for calculating financial indicators has not been updated for a long time.

System of International Legal Standards for Ensuring Human Rights and Freedoms at the Pre-trial Investigation Stage

S. M. Danylo — Wed, 23 Jul 2025 00:00:00 +0300

It is emphasised that the system of international legal standards for ensuring human rights and freedoms at the pre-trial investigation stage is fundamental to any democratic state governed by the rule of law. It has been established that in conditions of martial law and against the backdrop of contemporary challenges to justice, these standards take on particular significance and require specific interpretation and application. A comprehensive analysis and systematisation of international legal standards for ensuring human rights and freedoms at the stage of pre-trial investigation was carried out. The essence and characteristics of the system of international legal standards for ensuring human rights and freedoms in the context of modern approaches to criminal proceedings have been examined. It has been proposed that the system of international legal standards for ensuring human rights and freedoms at the stage of pre-trial investigation should be understood as an integrated, dynamic set of mandatory and recommended norms of international law, which, as recognised by Ukraine and implemented in its criminal procedural legislation, establish minimum requirements for the activities of pre-trial investigation bodies and determine the legal status of a person in criminal proceedings, ensuring comprehensive protection of their rights and freedoms, in particular in conditions of martial law and taking into account the practice of international judicial institutions. It is emphasised that the system of international legal standards for ensuring human rights and freedoms at the stage of pre-trial investigation should be formed taking into account a comprehensive approach and consider both general principles and specific guarantees relating to various aspects of the activities of pre-trial investigation bodies and the legal status of participants in the proceedings. It is emphasised that the system of international legal standards for ensuring human rights and freedoms at the stage of pre-trial investigation should be flexible enough to adapt to the conditions of special legal regimes and remain steadfast in ensuring fundamental human rights. Key international legal standards governing the activities of pre-trial investigation bodies have been identified and systematised, taking into account the specifics of martial law and contemporary challenges to justice: standards defining the general principles of pre-trial investigation; standards regulating procedural actions; standards of evidence during pre-trial investigation; standards regulating the participation of certain categories of persons; standards of effective legal protection and control.

Compliance with the Principle of Non Bis in Idem in Criminal Proceedings Regarding Domestic Violence

V. H. Drozd, V. V. Ablamska — Wed, 23 Jul 2025 00:00:00 +0300

The article analyses the legal mechanism for compliance with the principle of non bis in idem in criminal proceedings regarding domestic violence. It is emphasised that compliance with the principle of non bis in idem during the pre-trial investigation of criminal offences under Article 126-1 of the Criminal Code of Ukraine is important in terms of both ensuring human rights and bringing a person to criminal responsibility in proportion to their guilt. A comparative analysis of the normative consolidation of the non bis in idem principle in national and international legislation has been conducted. The main conditions for compliance with the non bis in idem principle in criminal proceedings concerning domestic violence have been identified. It is emphasised that important factors in complying with the non bis in idem principle in criminal proceedings regarding domestic violence are not bringing a person to justice twice for the same acts, which are initially classified as administrative offences and then as criminal offences. However, the previous bringing of a person to administrative responsibility for committing domestic violence, provided that the unlawful actions are repeated and specific consequences more serious than those specified in the legislation of Ukraine on administrative offences occur, does not indicate double legal liability of one type for the same offence, but confirms the systematic nature of the actions of the guilty person. It has been established that in criminal proceedings regarding domestic violence, in order to comply with the principle of non bis in idem in the event of competing criminal law provisions, each of which covers a separate criminal offence, if the offence is simultaneously covered by general and special provisions, then there is no combination of criminal offences, and the special provision that best reflects the specifics and characteristics of such a socially dangerous act shall be applied.

The Concept and Essence of Specialised Knowledge Used in Smuggling Investigation

Yu. Yu. Kovalov — Wed, 23 Jul 2025 00:00:00 +0300

The article substantiates that in the theory of forensic science the concept of “special knowledge” has a broad and narrow meaning. The expediency of using this term in a narrow sense is determined by the context of its use (for example, in terms of a specific specialisation or a group of criminal offences combined on the basis of certain criminal law and/or forensically significant features). It is found that in the course of investigation of criminal offences related to smuggling, the most common is the use of specialised knowledge in the field of science, technology and art.

It is determined that the forms of expert participation in the smuggling investigation cover several procedurally regulated areas of interaction with pre-trial investigation authorities and the court. They involve the use of specialised knowledge with a view to clarifying the circumstances relevant to criminal proceedings and can be implemented both in the form of an expert examination and by engaging a specialist to provide technical advice or practical assistance, but under such conditions, a forensic expert acquires the procedural status of a specialist.

It is established that, for the most part, all examinations appointed during the investigation of criminal offences related to smuggling are mandatory, since it is impossible to solve tactical tasks in any other way, since this is within the competence of knowledgeable persons. The most typical examinations include commodity, weapons, explosives, biological and trace evidence, art history, etc.

It is noted that the structure of special knowledge and practical skills of knowledgeable persons involved in the investigation of criminal offences related to smuggling is dominated by knowledge in the fields of biology, weapons science, explosives, materials science, art, natural sciences (mainly chemistry and physics), etc. It is recommended that the special knowledge used in the investigation of criminal offences related to smuggling should be understood as scientific and technical knowledge, as well as knowledge in the field of art, which is a prerequisite for solving tactical tasks of investigation and trial which are beyond the professional competence of the parties to criminal proceedings and the court.

Procedural Status of an Expert in Criminal Proceedings

Yu. V. Pedos — Wed, 23 Jul 2025 00:00:00 +0300

The provisions of the Criminal Procedure Code of Ukraine and the Law of Ukraine “On Forensic Expertise” establish the legal status of an expert as a participant in criminal proceedings, which is the most important legal guarantee of the objectivity and comprehensiveness of expert research. A detailed study of the content of these regulations indicates that there are discrepancies and inaccuracies in the definitions and wording of certain provisions, which does not contribute to the unambiguousness of their understanding. Based on the results of the study of the provisions of current legislation, scientific opinion and practice of application of legislative provisions regulating the legal status of an expert as a participant in criminal proceedings, the author identifies problematic issues and formulates proposals for improving criminal procedure legislation in this area. In particular, it is proposed to amend and supplement the provisions of certain paragraphs of Article 69 of the Criminal Procedure Code of Ukraine, setting out their content as follows: para. 5, part 3 – “to ask questions relating to the subject and objects of the study to the participants of the relevant procedural action”; para. 6(3) – “to receive remuneration for the work performed and reimbursement of expenses related to the examination and summons to provide explanations or testimony within a reasonable time, if the examination is not the official duty of the person involved as an expert”; clause 6(5) – “to immediately notify the person who engaged him or her or the court that commissioned the expert examination of the impossibility of conducting the examination due to the lack of necessary knowledge or without the involvement of other experts”; clause 7(5) – “to file a petition to the person who appointed the expert examination or the court that commissioned it, if there is a doubt about the content and scope of the assignment, its clarification, involvement of other experts or to notify of the impossibility of conducting the examination according to the questions posed to him or her”.

Peculiarities of the Initial Stage of Investigation of Interference with the Activities of Public Authorities

V. Yu. Popov — Wed, 23 Jul 2025 00:00:00 +0300

It is determined that interference with the activities of representatives of public authorities involves the allocation of two stages – initial and final. It is established that the main sources of information about the fact of interference with the activities of public authorities are most often: information from victims or witnesses; information posted in the media, messengers or social networks, or information found during the monitoring of open sources. It is found that the procedural registration of information on interference with the activities of representatives of public authorities is most often carried out in written documents, including: a statement of a criminal offence; a protocol on acceptance of a statement of a criminal offence; a report of a law enforcement officer; a report on interference with the activities of a judge in the administration of justice; information received from enterprises, institutions, organisations, including the referendum commission and the election commission.

It is substantiated that the initial information about a criminal offence is subject to assessment and verification. The assessment of such information is aimed at establishing the sufficiency of the data revealed for further planning of priority investigative (detective) actions and procedural measures, as well as the presence of signs of a criminal offence, and refuting the insignificance of the act. The verification of information involves ascertaining its reliability, since the falsity of any facts will refute the expediency of taking further action, especially given the high workload of security forces.

It is argued that when taking a statement of a criminal offence, independently detecting signs of interference with the activities of representatives of pre-trial investigation bodies or when it is received by mail by an employee of a pre-trial investigation body, it is necessary to objectively assess whether it was filed within the statute of limitations for bringing a person to criminal liability for the relevant act; whether it contains a warning of criminal liability for knowingly false reporting of a criminal offence; whether it contains a

Peculiarities of Involving a Specialist in the Preparation and Conduct of Interrogation at the Stage of Pre-Trial Investigation

O. V. Rodiuk — Wed, 23 Jul 2025 00:00:00 +0300

The article provides a comprehensive analysis of the legal and practical framework for involving specialists in interrogation at the pre-trial investigation stage. It is noted that in the current conditions of crime investigation, the requirements for the quality of information collected and the objectivity of evidence are increasing. This necessitates the involvement of specialists from various fields of knowledge – criminologists, psychologists, doctors, linguists, teachers and others – with a view to improving the effectiveness of investigative actions. Specialists not only provide technical and methodological support for interrogation, but also contribute to a deeper understanding of the individual characteristics of the person being interrogated, which allows for adaptation of communication tactics and minimisation of the risks of obtaining distorted information.

The specifics of legal regulation of the participation of specialists, including their procedural status, powers and responsibilities, are considered. The author analyses the stages of interaction between an investigator and a specialist: from preparation for interrogation to recording its results.

Particular attention is paid to the impact of the qualifications and level of competence of specialists on the reliability, completeness and evidentiary value of the information obtained. It is emphasised that taking into account the psychophysiological and psychological characteristics of the person being interrogated helps to reduce pressure, increase the informative value of testimony and respect for human rights.

The article substantiates the importance of an interdisciplinary approach in pre-trial proceedings based on the interaction of forensic science, legal psychology, psychophysiology and other related sciences. The methodological problems and organisational features of involving specialists, as well as the criteria by which the expediency of their participation is determined, are considered.

It is concluded that integration of expert knowledge into investigative practice is a relevant direction of increasing the efficiency of crime detection and strengthening the evidence base in criminal proceedings.

Pharmacological Properties of Synthetic Cannabinoids, Specifics of Their Detection and Forensic Examination

O. M. Serdega — Wed, 23 Jul 2025 00:00:00 +0300

The illegal circulation of synthetic cannabinoids intensifies criminal threats and negatively impacts vulnerable segments of the population due to their specific effects on the human psychophysiological state. This article examines the historical background of the recreational use of synthetic cannabinoids and their emergence in the illicit drug market. It presents data from contemporary neurobiological studies dedicated to these compounds.

The article analyzes both the therapeutic potential of synthetic cannabinoids and the adverse effects of their misuse in uncontrolled settings. It identifies key issues that must be addressed to resolve challenges in the forensic examination of objects containing these psychotropic substances and outlines the specific features of their detection and seizure.

Recommendations are provided for forensic experts in the field of narcotic drugs and psychotropic substances regarding the selection of chemical analysis methods for solutions or herbal mixtures that may contain synthetic cannabinoids. The article evaluates the applicability of instrumental analysis techniques for the qualitative identification and quantitative determination of target compounds, especially in the presence of masking agents or interfering processes during sample preparation and analysis.

Based on the study, both the positive and negative aspects of synthetic cannabinoid use are outlined, along with the most effective methods for their examination in laboratory and field conditions. The article also highlights prospects for further research into the long-term effects of synthetic cannabinoids on human physiological and mental health, their neurotoxicity, and mutagenic potential.

Overall, the findings contribute to the integration of pharmacological and forensic research data into practical application.

Certain Aspects of Suspending Pre-Trial Investigations in Criminal Proceedings Under Martial Law

L. V. Tserkunyk — Wed, 23 Jul 2025 00:00:00 +0300

The article compares and highlights some of the grounds for suspending and resuming criminal proceedings under martial law. It has been established that, under the legal regime of martial law, the legislator has defined in certain sections of the Criminal Procedure Code of Ukraine the grounds for suspending pre-trial investigations and suspending the term of pre-trial investigations, and has also provided for the possibility of such decisions being taken by various authorised participants in criminal proceedings. The article highlights the practical aspect of applying the norms of criminal procedural legislation of Ukraine when deciding to suspend pre-trial investigations under martial law, in particular, citing as circumstances for such a decision the physical loss of access to criminal proceedings materials, material evidence, communication with the place of detention of the suspect, etc. At the same time, attention is focused on the practice of resolving the issue of extending the term of detention of a suspect until a decision is made to suspend criminal proceedings under martial law. Particular attention is paid to the consequences of the decision to resume pre-trial proceedings, as well as the cancellation of the decision to suspend the pre-trial investigation and to suspend the term of the pre-trial investigation. Emphasis is placed on the fact that the purpose of the institution of suspension of pre-trial investigation is to preserve the term of pre-trial investigation under the circumstances specified by criminal procedural law. It is concluded that the definition of the grounds for suspension of pre-trial investigation under martial law in separate sections of the Criminal Procedure Code of Ukraine is inappropriate and may lead to problems during practical implementation, create additional grounds for appealing such decisions, and the various consequences of cancelling decisions to suspend pre-trial investigations or suspend the term of pre-trial investigations may lead to abuse.

National Cybersecurity in the Context of Society Digitalization: the Role of Police in Protecting Critical Infrastructure

V. M. Vasylenko — Wed, 23 Jul 2025 00:00:00 +0300

In the modern context of accelerated digital transformation, national cybersecurity has become a critical element of state policy aimed at protecting society, the economy, and national interests. The active integration of information and communication technologies into all spheres of public administration, economic processes, and everyday life not only generates new opportunities but also creates significant risks associated with cybercrime and the resilience of critical infrastructure. Against the backdrop of military aggression against Ukraine and large-scale cyberattacks targeting government agencies and strategic facilities, the effective operation of the national cybersecurity system is of particular relevance. This study focuses on analyzing the role of the police as a key actor within the cybersecurity system, responsible for law enforcement activities in cyberspace, prevention and investigation of cybercrime, and cooperation with other government bodies, incident response teams (CERT/CSIRT), private sector entities, and civil society organizations. The purpose of the research is to identify current approaches to shaping an effective model of police interaction in ensuring national cybersecurity and to explore legal, organizational, and practical aspects of police engagement in protecting critical infrastructure. The study reviews the current legal framework in Ukraine on cybersecurity, including the Law of Ukraine “On Basic Principles of Ensuring Cybersecurity of Ukraine”, the Law “On Critical Infrastructure”, as well as European and international documents such as the NIS2 Directive and the Budapest Convention on Cybercrime. The research methodology is based on systemic, comparative-legal, analytical, and formal-legal methods. The scientific novelty lies in the comprehensive examination of the legal regulation of police activities in cybersecurity and the identification of key directions for improving interagency cooperation amid growing cyber threats. The theoretical significance of the study lies in enhancing the academic understanding of the police’s role in ensuring cybersecurity and in developing legal mechanisms for their activities. The practical significance lies in formulating recommendations for improving legal regulations and enhancing collaboration between the police, CERT structures, private companies, and civil society. The research concludes that systemic approaches must be adopted to increase the effectiveness of police work in cybersecurity, aligned with European standards and international best practices, as a crucial factor in strengthening national resilience against cyber threats.

The Psychodiagnostic Potential of the General Health Questionnaire and its Ukrainian-Language Adaptation

V. I. Barko, O. O. Yevdokimova, O. M. Smirnova, V. V. Barko — Wed, 23 Jul 2025 00:00:00 +0300

The article provides a comprehensive analysis of the psychodiagnostic capabilities of the foreign questionnaire on general health GHQ-28, developed in 1979 by D. Goldberg and W. Hillier. The structure of the questionnaire, based on factor analysis, includes four subscales, each of which contains seven items: somatic symptoms; anxiety; social dysfunction and severe depression. It is shown that the questionnaire is widely used abroad to determine a person’s ability to perform normal functions and diagnose certain distress-related deviations in the state of mental health.

An empirical study was conducted with the participation of police officers and cadets of higher educational institutions of the Ministry of Internal Affairs of Ukraine with specific training conditions, in the course of which the Ukrainian version of the questionnaire was developed, and its psychometric indicators and average statistical norms were established. The study resulted in reliable, internally consistent scales with a high level of reproducibility. Thus, for all four scales of the questionnaire, the Cronbach’s α coefficient is greater than 0.70. The correlation coefficients between the results of the first survey and the scores obtained during the retest range from 0.87 to 0.90 (p < 0.01). The correlation between the Ukrainian version of the questionnaire and the original is also high, with correlation coefficients between the scales of the same name ranging from 0.82 to 0.91 (p < 0.05 and p < 0.01). The results of the factor analysis showed that the factor structure of the Ukrainian version fully reproduces the structure of the original, all items of the adapted questionnaire were included in the relevant factors. The study of criterion validity shows that the general health questionnaire has satisfactory indicators of the latter (based on the comparison of results with other questionnaires with known validity), the indicators of criterion validity range from 0.42 to 0.67. The questionnaire was also standardised, with average norms and standard deviations for individual scales and the overall health status indicator. The results scored by respondents on scale D (severe depression) of the questionnaire were minimal (100 % of the surveyed demonstrated a high level of health according to this indicator). Therefore, it was not possible to calculate correlations of this scale with the scales of other questionnaires. Scale D is very different from the other scales of this questionnaire in terms of the structure of the stimulus material due to the clinical nature of its statements.

Consequently, the Ukrainian version of the questionnaire is characterised by satisfactory indicators of internal consistency of scales, reliability (retest and parallel forms), and criterion validity.

Adaptation of the Academic Disciplines “General Psychology” and “Psychology Workshop” for Students with Disabilities: A Case Study of the “Ukraine” University

I. V. Kushchenko, O. L. Matsiuk — Wed, 23 Jul 2025 00:00:00 +0300

This article is dedicated to the study of the problems and strategies for adapting the academic disciplines “General Psychology” and “Psychology Workshop” for students with disabilities, using the example of “Ukraine” University, a leading institution in the field of inclusive education.

The paper identifies existing barriers faced by these students, including limited accessibility of learning materials, difficulties in understanding theoretical concepts, and the inadequacy of adapted practical tasks and assessment methods.

Based on a survey of 30 first-year psychology students with disabilities and a poll of 10 instructors of the relevant disciplines, the effectiveness of current adaptation measures is analyzed, and areas requiring improvement are identified.

Students expressed a need for more diverse learning materials (audio, video), an increased number of consultations, and tutoring support. Instructors, while using various adapted teaching methods, emphasized the lack of specialized resources and insufficient time for individual student support.

Based on the data obtained, the article proposes practical recommendations for improving the educational process, including expanding access to materials in various formats, enhancing instructor support, optimizing the assessment system, and strengthening technical provision. Specific adaptations for teaching psychological disciplines are suggested, such as the logical structuring of content, the use of multimedia, the application of specialized software, the individualization of learning, and flexible deadlines for tasks.

The study confirms the progress of “Ukraine” University in inclusive education but underscores the importance of further development and the implementation of individual adaptation strategies to ensure equal access and a comfortable learning environment for all students, which will ultimately increase the effectiveness of higher education for persons with disabilities.

Prospects for further research include expanding opportunities for distance learning, developing specialized educational materials, integrating digital technologies, and strengthening psychological support for students.

Evaluation of the Effectiveness of the Rehabilitation Programme for Psychologists in the Security and Defence Sector of Ukraine

N. E. Miloradova, V. V. Dotsenko — Wed, 23 Jul 2025 00:00:00 +0300

The article presents an evaluation of the effectiveness of the rehabilitation programme for psychologists in the security and defence sector of Ukraine aimed at restoring the psychological health and professional capacity of specialists working with people who have experienced traumatic events or have psychological problems.

The research highlights the critical role of psychologists in the security and defence sector in maintaining the mental health of military personnel and their families, as well as the significant emotional stress that psychologists themselves are exposed to when they are constantly faced with the traumatic experiences of others. Therefore, rehabilitation programmes are extremely important for preventing professional burnout, strengthening personal and professional resilience, acquiring new knowledge and skills in dealing with trauma, improving the quality of psychological care, creating a culture of mutual support and ensuring long-term professional effectiveness.

Evaluating the effectiveness of a rehabilitation programme is a complex process that includes an analysis of various aspects: participants’ satisfaction, changes in their psychological state (stress, anxiety, well-being, activity) and the application of the knowledge gained in their professional activities.

The study showed positive dynamics in reducing anxiety, improving well-being and overall satisfaction with the programme. The majority of psychologists noted the harmonious combination of leisure and training, the professionalism of the trainers, the favourable atmosphere and the usefulness of the knowledge and skills gained. The results of the psychodiagnostics revealed significant positive changes in the psychological state after completing the programme: there was a decrease in the level of acute stress, improvement in health, activity and mood. In addition, the indicators of reactive and personal anxiety decreased significantly. The assessment of behavioural changes showed that the participants actively apply the acquired knowledge and skills in their professional and personal lives.