Philosophical and Methodological Problems of Law

Ontological Problems of Lawmaking in Ukraine

Mykhailo KOSTYTSKYI — Thu, 12 Jun 2025 00:00:00 +0000

Abstract. The problem of lawmaking has become relevant again in legal theory and practice in connection with the adoption in August 2023 by the Verkhovna Rada of Ukraine of the Law "On Lawmaking Activity". On the one hand, the Law put an end to fruitless and scholastic discussions about what lawmaking is and what is more important: "lawmaking" or "lawmaking", and on the other hand, it revealed the requirements for an important part of lawmaking activity – lawmaking and the creation of regulatory legal acts. Last year, in the journal "Philosophical and Methodological Problems of Law", we, together with Professor Natalia Kushakova-Kostytskaya, published the article "Philosophical Problems of Lawmaking", which was supposedly a philosophical propaedeutic to the problem of lawmaking. It is clear that this was only a tentative approach to solving the problem of philosophical understanding of lawmaking. It is obvious that there is a need for an in-depth analysis of the ontology, epistemology, axiology, epistemology, and anthropology of lawmaking. This article attempts an ontological approach or analysis of lawmaking as a being, an existential. Probably, an ontological approach to lawmaking requires linking the latter with the existence of society, civil society, and the state, without which lawmaking does not exist, is impractical, and impossible. Also, the ontology of lawmaking is related to the ontology, existence of law and legislation. A study of these points will make it clear the need to develop those provisions that are enshrined in the Law "On Lawmaking Activity."

Keywords: lawmaking; legislation; ontology; existence of law; right; law; civil society; state.

Reforming the Legislation on Charitable Organizations in Ukraine and China

Nataliia BROVKO — Thu, 12 Jun 2025 16:20:55 +0000

Abstract. The relevance of the study is due to a certain uncertainty of issues related to the legal regulation of charitable organizations. The purpose of the study is to conduct a comprehensive analysis of the legal regulation of charitable activities in the PRC and Ukraine with a view to using the positive experience for the Ukrainian State. The author analyzes the process of reforming the legislation of the PRC and Ukraine in the field of charity, identifies the shortcomings and positive practices of the countries. The author argues that the process of reforming the legislation of the People’s Republic of China in the field of charitable organizations was long and gradual. Despite numerous positive practices, it has shortcomings. Ukraine can take into account the experience of reforming the Chinese legislation on charitable organizations and use it to improve its own national regulations in the field of charity, in particular, the introduction of social entrepreneurship, which aims not only to make a profit but also to achieve the common good, rating of charitable organizations, and the requirement of openness to the public. As a conclusion, it is noted that the implementation of charity and charitable assistance requires Ukraine to develop and implement modern political, legal, organizational, and financial instruments to support and develop the institution of charity and entities engaged in such activities.The author substantiates the need to distinguish between the forms of charity and proves the need for their legal regulation. In writing the article, the author used general scientific and special legal methods and an integrated approach. The practical significance of the study is that the authors have identified the most appropriate measures to improve the legal regulation of charitable activities in Ukraine and to determine transparent procedures for their implementation, taking into account the positive experience and shortcomings in the legislation of the People’s Republic of China.

Keywords: charitable assistance; volunteering; charitable organizations; charity; legal regulation of charitable activities.

Legal Regulation in the Information Space in the Context of Digital Humanism as Compensation for Non-Compliance with the Norms of Information Ethics and Digital Citizenship

Viktoriia VOVK , Viacheslav BLIKHAR — Thu, 12 Jun 2025 16:20:48 +0000

Abstract. The article is devoted to the issues of regulating behavior in the information space. It is shown that the information space is a specific space created by man. It is the youngest of the five spaces in which a social person is realized, but at the same time it permeates all the other four. One of the functional purposes of the information space is that it makes possible and simplifies interpersonal communication, and is also a medium for the dissemination of information. From a cultural point of view, the emergence, formation and functioning of the information space is a natural process of responding to cardinal modern social changes, as was the case with the invention of writing, printing, radio and television, which had visible landscape consequences for the entire culture. The development of technologies today changes the way of life and everyday behavioral algorithms, and also forms a new type of person - a digital person and new modes of a person. All this affects the modification of established social phenomena, such as citizenship, humanism, ethics. Therefore, today it is quite correct to talk about "digital citizenship", "digital ethics" and "digital humanism", which in turn indicates ontological changes in social life, the modification of the principles and rules of behavior of individuals, the formation and functioning of new individual and social ones, which occurs as a result of the destruction or upgrade of traditional cultural traditions, moral norms, etc. What is common to digital citizenship, information ethics and digital humanism is that they assume responsible behavior of a person in the digital world. Such behavior should be built on conscious moral principles. In the absence of such conscious behavior and failure to comply with the desired rules of behavior, legal regulation.

Keywords: information space; digital person; user; person; information ethics; digital humanism; digital citizenship; digital cosmopolitanism; information security; digital law; legal regulation; law; communication.

The Impact of Digitalization on Constitutionalism: Ukrainian Realities in the Context of European Integration

Nataliia KUSHAKOVA-KOSTYTSKA — Thu, 12 Jun 2025 16:20:29 +0000

Abstract. The process of digitalization, which has encompassed the virtual information environment, today affects all spheres of social relations: informational, political, legal, economic, financial, etc. The digitalization of the constitutional process has two main aspects: the constitutionalization of digital rights and the digitalization of law-making processes. In this regard, the regulation of a new group of human rights – digital, in particular, the protection of personal data, the right to access information, the right to be forgotten and other rights that were previously identified as human information rights – acquires special importance. The purpose of this article is to consider the main theoretical models of digital constitutionalism and illustrate the advantages of adopting a socio-legal approach to its analysis in the context of state regulation. Due to the lack of research by domestic scientists on this topic, the doctrinal method was used, thanks to which the analysis of legal doctrines and their practical application by foreign scientists has been carried out recently. The work also uses comparative and predictive methods that allow analyzing modern scientific approaches to the issue of legal regulation of the digital space. The publication analyzes for the first time the use of constitutional narratives in the management of social media platforms and the legal possibilities of regulating digital rights, based on the concepts of digital constitutionalism. It analyzes how digital constitutionalism influences public administration in applying constitutional values in regulating the private sector of the Internet, and how, in turn, public administration of digital/information human rights depends on a liberal and normative approach to digital constitutionalism. It is concluded that digital institutionalism is a project that focuses on achieving institutional balance between public regulation of the digital environment and regulation by private corporations in order to prevent the establishment of disproportionate discursive power in the field of law and technology as the main factor that can contribute to a "constitutional crisis" in the field of digital transformation of the public administration system.

Keywords: cultural and natural heritage; international protection; UNESCO; international documents; human rights.

Legal Monitoring of Global Legal Systems

Yaroslav MELNYK — Thu, 12 Jun 2025 16:20:19 +0000

Abstract. The article is devoted to the analysis of the regulatory and legal prerequisites for conducting legal monitoring of global legal systems. In the course of the study, the author analyzes the domestic regulatory and legal framework and doctrinal developments regarding legal systems, legal monitoring, and globalization. Attention is paid to the ability of domestic regulatory and legal acts to ensure the legal monitoring of global legal systems. According to the results of the study, the author found out that in Ukraine, the instruments for implementing legal monitoring are oriented more towards monitoring the national legal system than the legal monitoring of the system of foreign legal order. Moreover, the issue of ensuring legal monitoring of "global legal systems" can be carried out under the national legal order, but to the extent permitted by regulatory and legal documents. This, in the author’s opinion, may mean the inability to fully reflect the legal monitoring map of global legal systems, which will pose risks for a full assessment of the effectiveness of a particular legal system. The author of the study identified the main areas of legal monitoring of global legal systems and classified the latter.

Analyzing the raised problem of the global legal space on which legal systems are based, the author proposes to classify systems into those that belong to global legal systems ("globalizing", as a result of the influence of internal factors contained in the legal system), and those that are globalized as a result of the influence of external factors. The first, in the author’s opinion, are inherent in strong states and state-political formations. Instead, the author believes that under such circumstances, the People’s Republic of China, the European Union, the United States of America, etc. can be distinguished. That is, those legal systems that are characterized by institutions capable of absorbing other legal systems, correcting them, while extending their social, political, military influence on other legal systems, in fact, which is especially relevant, creating formulas for law-making processes for globalized legal systems.

Keywords: legal monitoring; legal system; globalization; global legal systems.

The Essence of Crime and Punishment in Classical German Philosophy

Vira TYMOSHENKO — Thu, 12 Jun 2025 16:20:12 +0000

Abstract. The article examines the ideas of I. Kant, I. G. Fichte, F. V. J. Schelling and G. V. F. Hegel regarding the philosophical understanding of crime and punishment, while distinguishing the spheres of morality and law, which makes it possible to consider the specified categories in the legal space of the state. The author’s appeal to this topic was facilitated by the fact that the philosophical approach is characterized by rationality, reflexivity, integrity and criticality, which contributes to understanding the essence of man, explaining the reasons for his behavior, including criminal. It is emphasized that, being idealists, German philosophers at the same time saw idealism as a threat to the individual and pinned their hopes on the state, which would ensure everyone’s rights, including the right to personal security, and protect a person from the threat coming from another person. This determines the importance and relevance of the problem under study. The purpose of the article: to initiate a scientific discussion on the possibilities of applying the ideas of the classics of German idealism in measures to prevent crimes, deter crime and increase the effectiveness of the educational impact of punishment. Methodological basis: dialectical approach and philosophical categories of cause and effect; phenomenological approach; formal-logical method and system analysis. The author concludes that in classical German philosophy, each of its founders has his own, special role in creating a special conceptual model of crime and punishment. The classics of German philosophy formed a relative (relative) and utilitarian (target) theory, the main essence of which was socially useful results, including the prevention of crimes. In German philosophical idealism, we are approaching an understanding of crime and the criminal that connects it exclusively with the legal sphere and the violation of legal laws established in the sphere of civil society and the rule of law. The purpose of punishment here is no longer in itself, but in the results that should be achieved through punishment. The main statements of this philosophy when understanding the topic of punishment can be formulated as follows: punishment should inevitably follow the crime and at the same time be independent of any considerations, such as the benefit that society could receive from the exploitation of the convicted offender. The practical significance of studying the essence of crime and punishment in classical German philosophy lies in the fact that the methods and methods of influencing people’s behavior proposed by its representatives can be used both to prevent crimes and to prevent criminality and increase the effectiveness of legal education through punishment for a committed offense.

Keywords: freedom; personality; state; law; knowledge; justice; idealism.

The Intellectual Basis of the Discretion of Law Enforcement Agents (the Question of the Role of Cognitive Abilities in Making Discretionary Decisions)

Roman VANDZHURAK — Thu, 12 Jun 2025 16:20:05 +0000

Abstract. The proposed article attempts to explore the intellectual foundations of discretion from a psychological perspective and to analyze the role of the cognitive abilities of law enforcement entities in the exercise of their discretionary powers (procedural decision-making). This is primarily due to the fact that when studying the available works on the topic, although a significant range of scientific works was established on the role of cognitive skills in cognitive procedures, along with this, no research on the intellectual foundations of the discretion of law enforcement subjects was found at all. At the same time, the stated issue is relevant, since, on the one hand, there is currently no consensus on the need for such a law enforcement tool as discretionary powers in light of the risk of turning discretion into procedural arbitrariness, while on the other hand, it has not been fully determined what constitutes the basis of such discretionary procedures. Based on the systemic approach and the structural-functional method, it was possible to establish that the main principles in the exercise of discretionary powers should be the cognitive abilities of the subject of law enforcement, since decisions based on discretion should be primarily reasonable and balanced. As a result of the research, the conclusion was formed that the intellectual component of the discretion of law enforcement entities determines, first of all, the effective application of the methodology for making procedural decisions based on the results of a thorough analysis of the factual materials of the case under consideration, that is, on the basis of intellectual work on the case. Special attention was paid during the study to the study of the specifics of legal argumentation and the significance of the logical foundations of its construction in the process of implementing discretionary procedures. The article also lists a number of cognitive illusions that can hinder the adoption of an objective discretionary decision, while suggesting ways to eliminate the negative manifestations of these illusions. This study is quite original, as no one has investigated the discretion of law enforcement officers in this way before. The article also has significant practical significance, because it is impossible to understand a particular object or phenomenon without knowing it at the level of the psychological foundations of the thinking of the subjects of such decisions.

Keywords: discretion; discretion; subjects of law enforcement; intellectual sphere of discretion; cognitive factors.

Digital Transformation and Ambidexterity of Municipal Government: International Trends and National Characteristics

Volodymyr DEMYDENKO — Thu, 12 Jun 2025 16:19:58 +0000

Abstract. The rapid development of innovative information and communication technologies, including broadband Internet, 5G and future generations of communication, cloud computing, Big Data, AI, IoT, blockchain and neurochips, etc., represents a modern global digital revolution that is fundamentally changing the way of life, production and communication, making modern existence without these technologies practically impossible. It is obvious that municipal authorities in Ukraine and foreign countries cannot remain outside this global digital transformation. After all, evolutionary progress is constantly integrating digital technologies into all spheres of public life, defining new standards of efficiency and interaction, to which local governments and their officials must adapt to ensure high-quality service provision and sustainable development of territorial communities. Accordingly, the study of digital transformation and ambidexterity of municipal authorities is determined by the need for local authorities to simultaneously optimize current activities and implement innovative digital solutions for effective functioning in the context of global technological changes and national developments. The purpose of the publication is to study the digital transformation and ambidexterity of municipal authorities, the interconnection and synergy of these two processes, to highlight the international legal foundations of digitalization of the organization and activities of local self-government bodies and national features of implementation in Ukraine. The research methodology is a system of theoretical principles (historicism, objectivity, pluralism, etc.), logical techniques (analysis and synthesis, induction and deduction, analogy, hypothesis, etc.) and specific research tools that made it possible to fully disclose the topic of the publication. Scientific novelty. The publication improves the scientific and theoretical understanding of current trends and prospects of digital modernization and ambidexterity of municipal authorities. Research results. The international legal standards (universal, supranational, regional) of digital transformation and ambidexterity of municipal authorities are analyzed. It is stated that the level of digital transformation of municipal authorities in Ukraine remains insufficient, especially given the need to adapt to the EU legal system (acquis communautaire) in terms of regulation and use of modern information and communication technologies. Practical significance. It has been demonstrated that digital transformation provides municipal authorities with new tools and opportunities, and ambidexterity determines the ability to fruitfully use these tools to simultaneously increase efficiency and stimulate innovation in the interests of the territorial community and its sustainable development.

Keywords: municipal authorities; digital transformation; digital ambidexterity; municipal law; European municipal law; international legal standards; adaptation to the acquis communautaire.

The Image of a Police Officer as a Factor in Forming Public Trust in Law Enforcement Agencies

Oleksandr NOSENKO , Vitalii KRAVETS — Thu, 12 Jun 2025 16:19:51 +0000

Abstract. The article examines the features of the image formation of law enforcement agencies in the context of growing public expectations and challenges accompanying the reform of the law enforcement system. It is emphasized that the image of a modern police officer is determined not only by professional qualities, but also by the ability to effectively communicate with the public, adhering to legal and ethical norms. The purpose of the article is to analyze the features of the image formation of law enforcement officers, identify key factors that influence their professional reputation, and substantiate practical approaches to increasing the level of public trust in law enforcement agencies. The study examines the theoretical and methodological principles of image positioning of Ministry of Internal Affairs employees, as well as the influence of public opinion and communication strategies on the formation of a positive perception of the police in society. Special attention is paid to the influence of the information environment and the activities of the mass media, which, focusing mainly on high-profile events, can form a distorted perception of police activities and undermine their daily work. Attention is focused on the importance of a strategic and continuous approach to communication, which should include institutional support, consistency of the personal and collective image of police representatives, as well as a balance between covering critical situations and systematically presenting objective information about the results of official activities. It is noted that in the absence of sufficient information about the work of law enforcement officers in society, stereotypes and mythologized ideas may form, which complicate the process of trust and interaction. It is substantiated that the formation of a positive image of a police officer is a complex communicative process that requires consistency, openness and sensitivity to changes in public demand.

Keywords: police image; communication; professional reputation; mass media; high-profile event; public trust; public opinion.

The Principle of the Rule of Law and Legal Certainty: Relationship and Particular Aspects

Lesia CHEKHANIUK — Thu, 12 Jun 2025 16:19:41 +0000

Abstract. The scientific work is devoted to the analysis of individual aspects of the principle of the rule of law (rule of law) and legal certainty. It is noted that in the national legal doctrine the principle of legal certainty is considered as an integral and organic component of the principle of the rule of law. The relevance of the scientific work lies in the fact that currently, due to the lack of a single and established concept of "legal certainty" and its constituent elements, contradictions arise regarding its interpretation and practical application in today's complex conditions. As a result of the study, individual decisions of the European Court of Human Rights and the Constitutional Court of Ukraine were analyzed, as well as scientific approaches that ensure the proper interpretation and effective application of the principle of legal certainty, its adaptation to the Ukrainian law enforcement mechanism. The purpose of the article is to analyze the concepts of the rule of law and legal certainty, characterize their constituent elements, and the features of their functioning in the conditions of modern military realities in Ukraine and hybrid confrontations in the world. Particular attention is paid to the analysis of requirements for individual elements of legal certainty, in particular, such as clarity, clarity, precision of the law, accessibility and comprehensibility of legal norms, legal predictability, stability and immutability of legislation, guarantee of legitimate expectations, certainty of the powers of government bodies, established judicial practice, etc. It is noted that on the path of rapprochement with the European Union, the issues of ensuring parity between national and international interests remain extremely relevant for Ukraine. It is concluded that, despite the full-scale invasion, Ukraine is actively continuing significant dynamic reformatting of national legislation in the context of European integration processes. However, it is emphasized that the dynamics of such changes and the conditions in which they occur threaten such factors as the stability of the legal status of individuals, the formation of their legitimate expectations, protection from the arbitrariness of state power, the stability and inviolability of the constitutional order, etc.

Keywords: the principle of law; the rule of law; legal certainty; legitimate expectations; the European Court of Human Rights; the Constitutional Court of Ukraine.

Theoretical, Methodological and Praxeological Principles of the Activities of Joint Investigation Teams during the Investigation of Corruption Criminal Offenses

Yuliia VASIUTA — Thu, 12 Jun 2025 16:19:32 +0000

Abstract. The article is devoted to the analysis of topical issues of the activities of joint investigation teams during the investigation of corruption criminal offenses. In today's conditions, the fight against transnational crime, for example, terrorism, human trafficking, legalization (laundering) of proceeds from crime, cybercrimes, war crimes, corruption criminal offenses, etc., attracts special attention of the world community. Solving the problematic aspects of combating corruption in Ukraine requires not only appropriate reforms of the government on the basis of the rule of law, but also the harmonization of criminal, criminal procedural law and forensics, the definition of investigation as the main function of ensuring the criminal process, strengthening the procedural independence of joint investigation teams as a special form of international cooperation during the investigation of criminal offenses, as well as improving interaction with the National Police of Ukraine, the State Bureau of Investigation, the National Anti-Corruption Bureau of Ukraine, the Specialized Anti-Corruption Prosecutor's Office and other anti-corruption bodies. The study uses the experience of European states in investigating corruption criminal offenses. Attention is focused on the implementation of the best world experience into national practice in regulating the activities of joint investigation teams as a special form of international cooperation during the investigation of corruption criminal offenses. General scientific and special legal methods are used, and a comprehensive approach is applied. The presented material is a novelty in the field of theoretical, methodological and praxeological research, since the activities of joint investigation teams require analysis under modern conditions of development of criminal procedural law and forensic innovations. The aspects of interaction of joint investigation teams with representatives of anti-corruption activities in Ukraine outlined in the article, as well as foreign experience of international cooperation during the investigation of corruption criminal offenses, have practical significance, given the high level of transnational crime.

Keywords: international cooperation; law enforcement agencies; international organizations; corruption; transnational crime.

Formation of the Institute of Amicus Curiae in International and National Law: Current Tendencies and Prospects for its Development in the Era of Artificial Intelligence

Maksym NEVIDOMSKYI — Thu, 12 Jun 2025 16:19:21 +0000

Abstract. The relevance of the research on the formation of the institute of amicus curiae in international and national law, in particular, the impact of the rise of artificial intelligence on the formation of this institute in international and national law can hardly be overestimated, since it is due to the growing interest in amicus curiae briefs, the spread of artificial intelligence and its availability, which leads to the tendency of using this tool by an increasing number of lawyers from numerous countries of the world. The author touches upon the prerequisites for the emergence of the institute of amicus curiae, its early forms and each stage of its formation. The author analyses numerous cases, including Gaius Verres case, Darnel’s case, Calas Case, Marbury v. Madison case, Soering v United Kingdom case and many others, which have become important milestones in the development of the institute of amicus curiae. The author also outlines current tendencies in the use of amicus curiae briefs by courts, as well as the possibility of using artificial intelligence to generate amici curiae. The purpose of the research is to cover and analyse the formation of the institute of amicus curiae from its first forms to modern use. The material presented herein is of a certain scientific novelty, since the topic of the historical development of the institute of amicus curiae from its first forms to the analysis of the possibility of using artificial intelligence to generate such opinions is rarely studied, despite its exceptional relevance. The practical significance of the study lies in the fact that the author has proposed a new vision of the development of amicus curiae through the lens of its formation.

Keywords: amicus curiae; human rights; European Court of Human Rights; international law; justice; artificial intelligence.

Preservation of Ukraine's National Wealth as a Foundation for the Further Development of the State

Nataliia BROVKO, Nataliia KUSHAKOVA-KOSTYTSKA — Thu, 12 Jun 2025 16:13:12 +0000

Review of the book: Legal dimension and protection of the national wealth of Ukraine: a monograph. L. Kupina, V. Shakun, V. Bordenіuk (et al.). O. Kot, A. Hrynіak, L. Kupina, V. Shakun (Eds.). Kyiv: Alerta, 2024. 320 p.

Effective Lawmaking: from Theoretical Principles to Practical Implementation

Stanislav HUSARIEV — Thu, 12 Jun 2025 16:15:16 +0000

Review of the book: Optimization of lawmaking activity: theoretical and legal principles:
а monograph / edited by N. Parkhomenko. Kyiv: Yurinkom Inter, 2025. 512 p.

Conceptualization of Probation for Minors in the Context of Reforming the Penitentiary System of Ukraine

Valentyn KOVALENKO — Thu, 12 Jun 2025 16:17:17 +0000

Review of the book: Husak A. Probation for minors in Ukraine: a monograph.
Kyiv: 7BTs, 2024. 428 p.