Nauka i pravoohorona

LEGAL MECHANISMS FOR INVESTIGATING WAR CRIMES IN INTERNATIONAL CRIMINAL LAW

2025-09-25T18:22:09+00:00

Abstract. The article examines the legal aspects of Ukraine’s ratification of the Rome Statute of the International Criminal Court as one of the key components of the international legal mechanism for holding individuals accountable for international crimes committed on Ukrainian territory. Special attention is paid to the lengthy history of this process, the constitutional obstacles Ukraine faced, and the practical steps taken to implement the provisions of the Rome Statute into national legislation. The article highlights scholarly debates regarding the potential consequences of joining the International Criminal Court and emphasizes the importance of harmonizing Ukraine’s criminal legislation with international standards in the field of war crimes. Particular focus is placed on Article 31-1 of the Criminal Code of Ukraine, its significance, and its shortcomings. The role of ratification is explored in the context of justice mechanisms, ensuring the rights of victims, strengthening international cooperation, and improving the effectiveness of the national criminal justice system. The article identifies the need to eliminate legal conflicts and uncertainty regarding the ICC’s jurisdiction in Ukraine in order to ensure justice and counter impunity during armed conflict.

Keywords: Rome Statute of the International Criminal Court; International Criminal Court; war crimes; jurisdiction; criminal responsibility; justice; international law.

АPPLICATION OF THE PRINCIPLE OF PROPORTIONALITY IN INFORMATION SECURITY MEASURES AND ESTABLISHMENT OF RESTRICTIONS ON THE RIGHT TO INFORMATION IN THE INTERESTS OF NATIONAL SECURITY

2025-09-25T18:21:56+00:00

Abstract. The article examines the problematic issues of the practice of applying the principle of proportionality in information security measures and establishing restrictions on the exercise of the right to information in the interests of national security. The origins of the legal principle of proportionality are attributed to case law with further development in the case law of the European Court of Human Rights and issues of regulation of the use of state coercion by relevant officials. The author emphasizes the requirements of the Convention for the Protection of Human Rights and Fundamental Freedoms regarding the need to consider cases of coercion through the prism of the principle of proportionality. It is generalized that the requirements of the UN Convention and the UN Code on the conduct of law enforcement officials have been separately combined in information security measures, as well as in cases where restrictions on the exercise of the right to information are imposed in the interests of national security. The author emphasizes the legal instrumental feasibility of such actions, which has not yet been the subject of scientific discussion, limited to justifying their classification as measures of the emergency legal regime, primarily martial law, and the availability of a number of organizational and legal measures to deter and counter threats to Ukraine's information security, neutralize information aggression, including special information operations of the aggressor State aimed at undermining the State sovereignty, territorial integrity of Ukraine, and ensuring information and communication security. The study emphasizes that information security measures and restrictions on the exercise of the right to information in the interests of national security cannot be unreasonable and unlimited, and must meet the criteria of proportionality. The author suggests that further scientific research on the proportionality principle should be directed to its analysis in the sense of "proportionality", "dimensionality" or "adequacy".

Keywords: information security; national security; right to information; realization of the right to information; restriction of the right to information.

DIRECTIONS FOR IMPROVING ANTI-CORRUPTION LEGISLATION GUIDED BY POLICE OFFICERS DURING THEIR SERVICE

2025-09-25T18:21:42+00:00

Abstract. In accordance with its obligations, Ukraine is adapting its anti-corruption legislation to the requirements of international legal standards. Measures aimed at preventing and combating corruption among police officers play an important role in this process. The author emphasizes that certain issues related to the implementation of anti-corruption legislation that arise during police service still remain unresolved, which requires their settlement and development of relevant proposals to legislative acts, as well as clarification by the National Agency for the Prevention of Corruption. The author outlines the problematic aspects which arise when submitting the initial declaration of a “candidate for a position” by persons entering higher education institutions with specific conditions of study which provide police training. Proposals are made to amend the Laws of Ukraine “On Prevention of Corruption” and “On the National Police” to address these shortcomings, namely, to exclude cadets of higher education institutions with specific conditions of study which provide police training from the financial control system.The author argues that Article 66 of the Law of Ukraine “On the National Police” should include such an additional type of activity as “teaching” which may be carried out by a police officer during his/her service, along with other types of paid activities – scientific and pedagogical, scientific and creative. It is stated that the lack of clarification by the National Agency for the Prevention of Corruption regarding the definition of creative paid activity has a negative impact on judges' consideration of cases of administrative offenses under Article 172-4 of the Code of Ukraine on Administrative Offenses, and as a result, unlawful cases under this Article may be brought. The author suggests that the National Agency for the Prevention of Corruption should provide a relevant in-depth explanation regarding the definition of the concept of creative paid activity and its components.

Keywords: anti-corruption legislation; prevention of corruption; National Agency for the Prevention of Corruption; declaration; conflict of interest; paid creative activity; part-time work.

FOREIGN EXPERIENCE OF INTERACTION BETWEEN THE POLICE AND THE PUBLIC

2025-09-25T18:21:29+00:00

Abstract. The article analyzes the experience of foreign countries in organizing the interaction of police bodies and units with the public. The foreign experience of the United States of America, Great Britain, Germany, Sweden, Belgium, Denmark, the Czech Republic, Poland, Finland, and the People's Republic of China in the interaction of the police with the public is analyzed and summarized. It is emphasized that the study of foreign experience is important and useful with the subsequent borrowing of positive developments in the field under study. The successful experience of foreign countries will contribute not only to the activation of scientists and lawmakers for future scientific and legislative initiatives on this issue, but also at the same time help in its solution, relying on the successful experience of other countries. The emphasis is on the fact that in the current conditions of Ukraine's integration into the European community, there is a need to implement relevant European and international standards in the field of functioning of public authorities, including the interaction of the National Police of Ukraine with the public. According to the results of the analysis, it is proposed to pay attention to such achievements from the experience of individual countries as: legislative approval of initiatives to: ensure the right of community representatives to independently create law enforcement agencies on their territory (USA, Denmark); allow volunteers to perform certain police functions (Great Britain); introduce relevant advisory bodies to effectively ensure close interaction between the police and the public to ensure security and order, as well as prevent crimes in cities (Belgium, Denmark, Finland); create relevant programs and projects aimed at improving the interaction of public representatives with police agencies and units, such as "EST" (Sweden) and "Jet" (Germany); effective implementation of Community Policing practices aimed at preventing crimes (Poland, Sweden), etc.

Keywords: the police; the public; foreign experience; interaction; cooperation.

DIGITAL GOVERNANCE IN URBAN PLANNING AS A TOOL FOR DECRIMINALIZATION OF CONSTRUCTION ACTIVITIES

2025-09-25T18:21:16+00:00

Abstract. The article examines digital governance in urban planning as a potential instrument for the decriminalization of construction activities. The author argues that the introduction of electronic services such as the e-construction platform does not necessarily reduce offenses or enhance transparency if the regulatory framework itself is fragmented, contradictory, or legally unstable. Particular attention is paid to the phenomenon of digital latency-hidden forms of inaction that are not recorded in the systems but carry criminological significance. The paper reviews the regulatory architecture in land use and urban planning, identifying sources of legal uncertainty that prevent accountability or facilitate the obstruction of decisions. The concept of regulatory simulation is introduced, describing how digital systems may outwardly exhibit transparency while only recording procedural actions without legal outcomes. Although the e-construction platform is administered by a highly trusted institution (DIAM), it operates in an environment of normative reversals and limited interagency integration. A comparative analysis of digital services in Singapore, Estonia, the Netherlands, and Georgia reveals that key factors in their effectiveness include full registry integration, stability of law enforcement, mandatory audit trails, and automatic anomaly detection. The article offers recommendations for criminal and administrative legislation, including the introduction of the concept of "digital official misconduct," the establishment of permit irreversibility, and the algorithmization of criminological prevention. Conclusion: digitalization should be seen not merely as formal automation but as a tool for ensuring legal certainty and a new architecture of trust.

Keywords: digital governance; e-construction; legal certainty; digital latency; DIAM; urban development; decriminalization; regulatory simulation; institutional accountability; criminological prevention; administrative inaction.

THE EMOTIONAL COMPONENT OF THE DISCRETION OF LAW ENFORCEMENT OFFICERS (THE ROLE OF EMOTIONS IN MAKING DISCRETIONARY DECISIONS)

2025-09-25T18:21:03+00:00

Abstract. The proposed article examines the emotional component of the discretion of law enforcement entities when exercising their discretionary powers (making procedural decisions). This is primarily due to the fact that when studying the available literature on the topic, although a significant range of scientific works was identified on the role of emotions in judicial and law enforcement activities, no research was found on the emotional component of the discretion of law enforcement agents. At the same time, despite the traditional belief that when making a procedural decision, the subject of law enforcement should be emotionally neutral, the need for a sensitive attitude to the details of the case is now becoming increasingly obvious. In addition, it is possible that a discretionary decision is first made under the influence of emotions, and only then is implemented using appropriate tools for its adoption and motivation. In the process of this research, using psychological analysis, it was possible to identify the causes and mechanisms of human behavior, and ultimately find out that the emotional and psychological aspect affects not only law enforcement subjects, but also other participants in the process. The article paid special attention to empathy and emotional (professional) burnout syndrome. As a result of the research, the conclusion was formed that emotional factors can have both a positive and negative effect on the fairness of judgment. It is therefore summarized that when exercising discretionary powers, giving preference to any of these effects will always lead to logical contradictions, and therefore a combined approach based on weighing and optimization will be more rational. The article hypothesizes that this approach may well be developed in line with the latest research on the phenomenon of emotional intelligence, which boils down to the correlation of humanity (empathy) and rational control of the influence of emotions on the impartiality of decisions. The research is quite original and has significant practical significance, because it is impossible to understand a particular way of human behavior and thinking without studying their psychological foundations, in particular the emotional component.

Keywords: emotions; judgment; discretionary decisions; law enforcement entities.

WAYS TO IMPROVE THE PENITENTIARY SYSTEM IN THE CONTEXT OF RESPECTING THE RIGHTS OF PRISONERS

2025-09-25T18:20:50+00:00

Abstract. Despite the fact that Ukraine is making great efforts to harmonize the current national legislation regulating the work of the penitentiary system with the European one, it still cannot be said that the detention of prisoners in our country is at the proper level. Volunteers, human rights activists, journalists record violations, which are also written about by representatives of international monitoring organizations, the Ukrainian Ombudsman. The reason for numerous violations is not so much in the legal plane as in the plane of law enforcement. Unfortunately, the Soviet legacy in this area has not yet been completely overcome, which consists in stigmatizing prisoners, treating them as incorrigible people whose rights do not need to be protected, and even all kinds of oppression of such people are justified. Such public opinion is not only among ordinary citizens: its carriers are both political decision-makers and employees of penitentiary institutions. Therefore, for changes in this area, it is first of all necessary to change public opinion. This will provide the basis for such decisive steps as large-scale financing of infrastructure, which will make it possible to bring the premises of penitentiary institutions into line with existing standards. It is also extremely important to introduce educational and rehabilitation programs that would cover the majority of prisoners and contribute to their resocialization. In order to ensure the continuity and systematic nature of these changes, it is necessary to create a system of constant monitoring of the state of penitentiary institutions, observance of the rights of prisoners by representatives of international organizations. This will not allow reforms to be carried out formally, being satisfied with declarations that will not have real effectiveness. At the same time, this will demonstrate to the international community Ukraine’s serious readiness to correct existing shortcomings in this area.

Keywords: penitentiary system of Ukraine; rights of prisoners; human and civil rights; protection of rights and freedoms; violation of rights and freedoms; deprivation of liberty; rehabilitation of convicts.

TRANSFORMATION OF THE INSTITUTION OF PROPERTY UNDER MARTIAL LAW IN UKRAINE

2025-09-25T18:20:37+00:00

Abstract. The article is devoted to research of property in Ukraine under martial law. The phenomenon of the property presentation philosophical category of property. The property is important factor of development society and freedom of human. The main task is researching of property, approaching to essence of this phenomenon. The methodological basis of scientific search is a set of philosophical and philosophical principles of scientific knowledge, methodological approaches, general methods of thinking, philosophical and general scientific methods, the use of which provided the validity and reliability of the results of the study of basic values. Research methods are predefined by his character. The practical aspect of the problem is complemented by a corresponding insufficient level of political awareness of the importance of this institution for solving Ukraine's pressing problems. In particular, the aspect that in order to create a favorable investment climate and support investment activity, it is necessary to ensure effective protection of private property rights. The urgency of the article is conditioned by the fact that the relation to the property is not static, the person, based on the sequence of evolutionary processes, tries to redefine a category such as «property» in a new way. The article analyzes the main conceptual approaches to understanding the nature of the property as a philosophical category. The author examines the most popular philosophical concept on property issues and their impact on the formation of public relations in the economic, social, legal, political and state of sense. Such an approach contributes to the preservation of the principles of a democratic state and ensures the stability of democratic principles conducive to societal understanding in times of crisis.

Keywords: martial law; private property; philosophical category of property; property; ownership; intellectual property; protection of intellectual property rights in martial law.

COUNTING TERRORIST ACTIVITIES ON THE TERRITORY OF UKRAINE IN THE CONDITIONS OF ARMED CONFLICT

2025-09-25T18:20:24+00:00

Abstract. The purpose of the article is to analyze the mechanisms countering terrorist activities on the territory of Ukraine in the conditions of armed conflict. Methodology. General scientific methods of formal logic (analysis, synthesis, deduction, induction, analogy, abstraction, and modeling) were used, with the help of which the mechanism of countering terrorist activities on the territory of Ukraine in the conditions of armed conflict was analyzed. Results. The definition of the concept of terrorist activity is established as a type of criminal illegal activity that is directed against public security or international legal order to achieve political goals by means of violent coercion. Terrorism, in the conditions of the armed conflict in Ukraine, should be equated with terrorist activity in terms of meaning, because in the conditions of countering such a negative phenomenon, the essential features of both concepts are the same, and therefore the volumes of their content may be identified. Also, it is established that certain countries and international institutions have an arsenal of proven mechanisms for combating crimes related to terrorist activities, particularly at the international level, and continue work on determining the most effective areas of this activity, eliminating contradictions and inconsistencies. Practical implications. In order to properly consolidate the evidence regarding preparation for the commission of a terrorist act, a list of actions of authorized persons during the simulation of the crime as a form of control over the commission of the crime is proposed, namely: preparation and execution of all procedural documents; making a decision to use deceptive (imitation) means; direct conduct of covert investigative (detective) actions with proper fixation by technical means; procedural registration of the results, and the identification and detention of suspects in the commission of a crime.

Keywords: terrorism; terrorist activity; terrorist act; crime; countermeasures; criminal proceedings; pre-trial investigation; covert investigative (search) actions.

INTERNATIONAL COOPERATION AS A COMPONENT OF THE FIGHT AGAINST TRANSNATIONAL ORGANIZED CRIME

2025-09-25T18:20:11+00:00

Abstract. The purpose of the article is to analyze international cooperation as a component of the fight against transnational organized crime. Methodology. General scientific methods of formal logic (analysis, synthesis, deduction, induction, analogy, abstraction, and modeling) were used in the analysis of international cooperation as a component of the fight against transnational organized crime. Results. It was determined that UN recommendations play a special role in coordination activities, the formation of the international legal framework for combating crime, the development of international standards in the field of combating transnational organized crime, and are aimed at improving national legislation and expanding the cooperation of security sector institutions with international partners. The content of the Congresses shows a tendency to a steady expansion of the topics and problems considered by the participating states, which is a natural reflection of the response of the world community to the gradual growth of criminogenicity in the world in the era of the development of globalization, and even the waging of war and the involvement of transnational criminal groups in them. Practical implications. Based on the study and generalization of the materials of the UN congresses on crime prevention and criminal justice, it is worth concluding that in the conditions of war and martial law, transnational organized crime in Ukraine has gone beyond the criminal and economic segment, has become a significant factor in the military and political situation, and has enormous economic resources, material and technical support, weapons and human resources, which do not take into account the borders of the state and independently decide the fate of individual regions of the country. In these conditions, the main directions of combating this phenomenon should be focused around problems related to national security and be consistent with the state strategy for its provision, including criminological means (establishment and elimination of causes and conditions, fight against transnational forms in the directions of prevention, and detection).

Keywords: transnational crime; organized crime; fight against crime; war; martial law; criminological policy; cooperation; interaction.

PREPARATORY STAGE OF INTERROGATION OF A SUSPECT IN THE EMBEZZLEMENT OF BUDGET FUNDS BY OFFICIALS OF LOCAL SELF-GOVERNMENT BODIES

2025-09-25T18:19:58+00:00

Abstract. The article is devoted to the analysis of the organizational and tactical features of the preparatory stage of the interrogation of a suspect in the embezzlement of budget funds by officials of local self-government bodies. The content of the identified elements of the specified stage of interrogation is studied, the question of what specific tactical tasks and measures can and should be solved (implemented) at each of the outlined preparatory actions of a certain category of interrogated persons is highlighted. It is noted that the preliminary preparation of the investigator should include the study of procedural and financial documentation, the regulatory framework that regulates the activities of officials of local self-government bodies, familiarization with special literature (textbooks, manuals, methodological recommendations), the use of the assistance of specialists of economic or financial profiles by obtaining various reference information from them, a general analysis of documentation, or the direct participation of a specialist in the interrogation, etc. In order to optimize the pre-trial investigation process and taking into account the specifics of the activities of local government bodies, recommendations have been formulated for employees of investigative bodies regarding the implementation of preparatory measures for conducting this investigative (detective) action, in particular: the subject of interrogation of suspects in embezzlement of budget funds by officials has been determined; the emphasis is on the importance of obtaining the necessary information about the person being questioned, determining his intellectual and business qualities, knowledge and experience, individual characteristics, psychological state, attitude to the investigation, etc.;attention has been paid to the expediency of diagnosing the interrogated person's testimony using a polygraph; the need for detailed written planning of the specified category of criminal offenses and systematization of materials and documents that will be presented to the suspect has been emphasized.

Keywords: interrogation; preparation for interrogation; planning of interrogation; subject of interrogation; suspect; embezzlement; budget funds.

PROVIDING PERSONAL SAFETY OF A POLICE OFFICER IN THE CONTEXT OF A INTENTIONAL OR UNINTENTIONAL VIOLATION OF REGULATORY PROVISIONS

2025-09-25T18:19:46+00:00

Abstract. The relevance of the study of the issue of ensuring the personal safety of a police officer, in the context of violation of regulatory and legal requirements, is due to a significant increase in the number of deaths and injuries of the National Police of Ukraine in the course of performing their police functions. This negative trend outlined above necessitates coverage of the general state of affairs in this area, while at the same time requiring a detailed description of the factors contributing to the emergence of extreme situations. Given the above, the purpose of the article is to study the current gaps, both legislative and executive, which, among other things, facilitate attacks and lead to new cases of deaths and injuries of police officers in today's realities. Achieving this goal involves the use of a set of methods, including Internet heuristics, systematisation, comparison, and the formal logical method. The main results of the study are that the article reveals the root causes of extreme situations involving representatives of the law, which make it impossible to safely perform police functions, especially under the martial law regime. A systematic analysis of situations that resulted in negative consequences for the life and health of police officers, including violations of legal regulations by law enforcement officials, helped to identify the main dangerous factors and conditions that contributed to the inability of officers to safely and effectively counteract aggressive individuals. The article also establishes that the problem of ensuring the personal safety of a police officer is a complex issue with equal responsibility of all legal entities involved in police security. It is established that in the modern scientific discourse this problem is highlighted only from the perspective of imperfections in regulatory and legal provisions and as a result of existing shortcomings of standard training systems for law enforcement officers. It is reasonably proved that a significant part of the responsibility for their own safety while performing police functions is assigned to representatives of the law. The practical significance of the study is that its results can be used by scholars to conduct further research on the outlined topic.

Keywords: personal safety; violations; legislation; attacks on a police officer; injuries and wounds, extreme situations.

HUMANCENTRIC TRIVIUM: HUMANITY, HUMAN DIGNITY, HUMANISM AS A VALUE AND LEGAL BASIS OF STIMULATION OF LAW-ABIDING BEHAVIOUR OF PRISONERS

2025-09-25T18:19:33+00:00

Abstract. The article is devoted to highlighting the essence and revealing the content of the aspects of humanity, human dignity, humanism in the treatment of persons deprived of their liberty and presenting the humanistic theoretical-legal principles of legal regulation, policy and practice of stimulating the law-abiding behaviour of prisoners, formulated based on analysis and generalization of the relevant authentic and legally conscious experience reflected in international and Ukrainian sources of law, relevant terminological culture and semantic load, which is especially relevant in our time of rapid humancentric development of a supranationally integrated legal system through the consensus evolution of law, in particular by hardening of soft law. The article, in accordance with the research conducted on the basis of international sources of law: documents of soft and hard law and practice of the United Nations; European sources of law: documents of soft and hard law of the Council of Europe, the results of the activities of supervisory institutions and the practice of the European Court of Human Rights; Ukrainian political, legal and scientific discourse, conceptualizes the essence and content of the humancentric trivium of the treatment of prisoners: humanity, dignity, humanism in the legal concepts of "humanity in the treatment of prisoners", "human dignity" and "the principle of humanism of criminal-executive legislation, execution and serving of sentences", which form the value-legal basis of the execution of criminal sentences in general and, directly, its quintessence – stimulation of law-abiding behaviour of convicts, which constitutes the value of new scientific knowledge and benefits for the further development of jurisprudence, improvement of legislative regulation and policy and practice of criminal justice.

Keywords: prisoners; humanity; human dignity; humanism; human rights; punishment; stimulation of law-abiding behaviour; rehabilitation.

COUNCIL OF EUROPE LEGAL INSTRUMENTS IN THE FIELD OF PROTECTION CULTURAL RIGHTS AND CULTURAL HERITAGE PROTECTION

2025-09-25T18:19:19+00:00

Abstract. The study of human rights mechanisms which are at the disposal of international organizations is becoming increasingly relevant. Rapid global and regional political processes that affect the further development of states, and in the case of Ukraine – its sovereignty and territorial integrity, should oblige to immediately review and improve national policies in the areas that are most under their influence. Processes destructive to national identity primarily affect a person, whose life and health, honor and dignity, inviolability and security are recognized in Ukraine as the highest social value. Human rights and freedoms and their guarantees determine the content and direction of the state’s activities. The purpose of the study is to analyze some regulatory legal acts of the Council of Europe, as well as other documents adopted by the Committee of Ministers of the Council of Europe and the Parliamentary Assembly of the Council of Europe, and other institutions, and the ways to protect human cultural rights and cultural heritage that these instruments provide. The main methodology of the study includes classification, generalization, comparative and systemic-structural analysis, as well as the comparative legal method, which allowed us to trace the development of instruments for the protection of cultural rights and cultural heritage in time and the stages of their introduction into the national legislation of Ukraine. The scientific novelty of the study lies in the identification, study and assessment of the effectiveness of some existing international legal mechanisms of the Council of Europe in ensuring the protection of cultural human rights and cultural heritage objects. The analysis of the documents allows us to conclude about the special nature of the approaches used in the development of regulatory legal acts of the organization. The philosophical and legal paradigm that is followed in the normative activities of the organization can be borrowed for use by the national legislator, at least when developing acts related to such sensitive areas of social and legal relations as heritage protection, museum, archival and museum affairs, which are vital for the preservation of the historical memory of generations and the further harmonious development of society.

Keywords: human rights; culture; international legal mechanisms; the Nicosia Convention; the Faro Convention.

PROBLEMATIC ISSUES OF INVESTIGATION OF CRIMINAL OFFENSES IN FIRE OR TECHNOGENIC SAFETY

2025-09-25T18:19:06+00:00

Abstract. The article attempts to identify and reveal problematic issues in the investigation of criminal offenses of fire or technogenic safety. Based on the results of studying the investigative and judicial practice of investigating such criminal offenses, certain stable trends and causes of their occurrence have been identified, and attention has been paid to the recurring nature of some of them. The causes of man-made disasters are summarized and systematized. The main man-made hazardous objects located on the territory of Ukraine are considered, which are primarily destroyed during hostilities and terrorist attacks. The hazard factors that may arise in the event of a violation of man-made safety for each of the mentioned man-made hazardous objects are identified. Statistical data of the Office of the Prosecutor General of Ukraine were analyzed in accordance with the indicators of criminal violations under Article 270 of the Criminal Code of Ukraine and the results of their pre-trial investigation for the period of wartime 2022-2025. The study of sentences under Article 270 of the Criminal Code of Ukraine in the Unified State Register of Court Decisions made it possible to establish the possibility of staging violations of fire safety requirements. To identify generalized factors that complicate the investigation of such criminal offenses. To identify and classify objective and subjective factors that hinder the investigation of criminal offenses of fire or technogenic safety.

Keywords: criminal proceedings; fire and technogenic safety rules; judicial statistics; typification; systematization; risk factors.

INVOLVEMENT OF A SPECIALIST BY A LAWYER DURING THE INVESTIGATION OF ILLEGAL MANUFACTURING, STORAGE, SALE OF FUEL OR ITS TRANSPORTATION FOR THE PURPOSE OF SALE

2025-09-25T18:18:53+00:00

Abstract. The article examines the procedural mechanism of involving a specialist by a lawyer during the investigation of the illegal production, storage, sale of fuel or its transportation for the purpose of sale. The provisions of the criminal procedural legislation of Ukraine on the participation of a specialist in the proceedings are analyzed. The normative consolidation of equal rights of the prosecution and the defense parties regarding the involvement of a specialist in criminal proceedings is established. The gaps in the legislation on the procedural mechanism of involving a specialist by a lawyer during the investigation of criminal offenses, in particular, illegal production, storage, sale of fuel or its transportation for the purpose of sale are highlighted. Separate recommendations are proposed for improving the provisions of the Criminal Procedure Code of Ukraine in terms of involving a specialist by the defense party and his obligation to arrive at the appropriate summons of the lawyer. It is substantiated that in criminal proceedings at the stage of pre-trial investigation, a lawyer has the authority to involve a specialist when submitting a motion to the prosecution or independently inviting a specialist, by signing a contract with him and prior approval with the investigator or prosecutor. The procedural aspects of involving a specialist by a lawyer in conducting a search, inspection, and obtaining samples for examination are illustrated by specific examples from the practice of investigating the illegal production, storage, and sale of fuel or its transportation for the purpose of sale. Attention is drawn to the errors of the subject of the investigative action in selecting comparative samples of fuel, which subsequently led to the recognition of the relevant evidence as inadmissible. It is concluded that the satisfaction of the lawyer's request to involve a specialist in the investigative (search) action during the investigation of the illegal production, storage, sale, or transportation of fuel for the purpose of sale depends on the validity of the question of the need for the defense to use the special knowledge and skills of the relevant specialist. It is argued that the procedural mechanism for involving a specialist by a lawyer during investigative (search) actions at the stage of pre-trial investigation is not clearly regulated in criminal procedural legislation, and the actual admission of a defense specialist to participate in procedural actions depends solely on the discretion of the investigator, prosecutor, or the decision of the investigating judge upon the relevant request of the defense.

Keywords: specialist; special knowledge; criminal proceedings; investigation of illegal production, storage, sale of fuel or its transportation for the purpose of sale; defense; lawyer; obtaining samples for examination.

CRIMINAL-LEGAL PROTECTION OF INTELLECTUAL PROPERTY AND RELATED RIGHTS IN UKRAINE: CURRENT STATUS AND PROSPECTS

2025-09-25T18:18:40+00:00

Abstract. The article analyzes the current state of criminal law protection of intellectual property and related rights in Ukraine. The relevance of the study of this topic is due to the development of criminal legislation, which regulates criminal liability for violation of copyright and related rights. In the conditions of rapid commercialization of creative activity, there is an urgent need for legal protection of copyright and related rights, in particular through the prism of criminal law. The research method is the problem of law enforcement in the field of criminal law protection of intellectual property, analysis of the current and draft versions of criminal legislation, as well as substantiation of directions for improving the relevant legal protection taking into account European standards. The methodological basis of the study is general scientific (analysis, synthesis, induction, deduction), special legal (systemic, formal-legal, comparative-legal) methods, which allowed a comprehensive analysis of the selected object of research. As a result of the study, the main gaps in the current version of Art. 176 of the Criminal Code of Ukraine, which complicates effective criminal prosecution for digital offenses. A comparative analysis was conducted with the provisions of the draft of the new Criminal Code of Ukraine, positive changes and shortcomings of the proposed version were identified. Special attention was paid to judicial practice and statistics on the actual application of the relevant article. The scientific novelty conflicts in a comprehensive approach to the criminal-legal protection of intellectual rights from the standpoint of modern challenges of the digital environment. Practical significance will help in substantiating specific proposals for improving criminal legislation, which can be used in rule-making activities, law enforcement practice and in the training of specialists in the field of intellectual property law.

Keywords: Criminal Code of Ukraine; intellectual property; related rights; copyright; criminal law protection; protection of rights; reform of the Criminal Code of Ukraine.

CURRENT ISSUES OF FORENSIC PROVISION OF CRIMINAL PROCEEDINGS IN RELATION TO MINORS

2025-09-25T18:18:27+00:00

Abstract. Criminal proceedings against minors have features that distinguish them from the general procedure determined by criminal procedural legislation. The implementation of criminal proceedings with the participation of minors (according to their procedural status - suspect (accused), witness or victim) is accompanied by additional issues of regulating the criminal procedural form, procedural guarantees for ensuring their legitimate rights, freedoms and interests, the features of conducting procedural actions with the participation of minors and obtaining forensically significant information from them. Currently, in connection with the processes of bringing domestic criminal procedural legislation and law enforcement practice to high democratic international and European standards, the process of criminal proceedings against minors is undergoing constant changes and improvements, which requires careful research attention. One of the areas of such improvement is the development of a system of forensic support for criminal proceedings against minors. After all, the actual forensic support is aimed at increasing the efficiency of criminal investigation activities, rapid and complete achievement of the objectives of criminal proceedings. The issue of forensic support of criminal proceedings against minors, taking into account its multifaceted nature, has been considered from different angles, in accordance with its regulatory and legal consolidation, theoretical interpretation and practical expression. It is emphasized that the forensic support of criminal proceedings against minors should be based on the key principles of criminal proceedings; take into account the peculiarities of criminal proceedings against minors as its special participants with a specific legal status, which provides for additional guarantees for ensuring the rights, freedoms and legitimate interests of minors. The actual forensic support is a condition for the efficiency of investigation, trial and achievement of the objectives of criminal proceedings; should take into account the peculiarities of forensic support of criminal proceedings against minors in accordance with the main forms of implementation: technical-forensic, tactical-forensic and methodological-forensic. An important aspect is that the system of forensic support of criminal proceedings against minors is implemented both during the pre-trial investigation and the trial, which requires further scientific exploration of the issues and thorough empirical research.

Keywords: criminal offense; pre-trial investigation; child; legal status; forensic technique; forensic tactics, forensic methodology.