Theory and practice of jurisprudence

Municipalities in the System of Territorial Organization of Public Authority in the European Countries: Prospects for Ukraine

2025-01-14T20:18:51+02:00

The article focuses on the problems of European integration of Ukraine through the lens of implementing municipalities at the lowest (basic) level of territorial organization of local self-government. For this purpose, the article analyzes the experience of organization and functioning of municipalities in European countries. The study employs a comprehensive methodology, including formal-legal, dialectical, and prognostic methods, as well as methods of comparative analysis and synthesis.

The study reveals the three-component structure of a municipality, which consists of territory within defined boundaries, the population of this territory, and governing bodies. The authors emphasize the importance of comprehensive understanding of municipality, warning against reducing it merely to the territorial aspect, as such approach does not solve the problems of low public activity and ineffective governance.

The paper analyzes the European model of local self-government, where the fundamental principle is the recognition of local communities or administrative-territorial units as bearers of legal rights and obligations, rather than local councils or their executive bodies. The study questions the expediency of maintaining the institution of territorial community in current Ukrainian legislation, arguing this with insufficient integration of local self-government bodies with the territorial community and territory.

It is concluded that in Ukraine, communal property is formed taking into account the corporate model (with population - territorial community - defined as the owner). Significant inconsistencies between the elements of the corporate model of local self-government and peculiarities of Ukraine's legal system have been identified, indicating necessary directions for reform in implementing municipalities.

It is proposed to establish the triune structure of municipality, defining the interdependence between territory, population, and the system of local self-government bodies. This approach will facilitate effective implementation of European standards in the organization of municipal government in Ukraine.

Administrative and Legal Safeguards Against Corruption Risks Implementing Defense Procurement during Martial State

2025-06-23T17:27:54+03:00

In the article the concept of corruption risks is examined and typical examples of them in the field of public procurement are provided. The relevance of the research topic is due to the need for effective control and transparency in defense procurement during martial law, when the risk of corruption abuses increases. Administrative and legal safeguards play a key role in ensuring legality, integrity and rational use of budget funds in the defense sector. The purpose of the study is to identify effective administrative and legal mechanisms for preventing corruption risks during defense procurement during martial law, as well as to develop proposals for improving legal regulation and control in this area. To ensure a comprehensive and objective approach to the analysis of the issue, the following methods were used: a comparative legal method for comparing Ukrainian experience with the practice of the Republic of Lithuania in preventing corruption in the defense sector; a system-structural method for studying the relationship between state bodies responsible for procurement control; socio-legal method for assessing the impact of corruption risks on public trust and the security sector, etc. As a result of the study, 7 main categories of corruption risk assessment were identified, including: low level of development of anti-corruption legislation; political instability, economic crisis, etc.

Modern information systems as technologies for optimizing the investigation of iatrogenic crimes

2025-06-25T13:22:59+03:00

The relevance of this article lies in examining the prospects for implementing and utilizing an information system for recording and analyzing cases of improper medical care, with the aim of optimizing the investigation of iatrogenic crimes. The objective of this research is to demonstrate the necessity of developing and implementing such systems and to determine the practical possibilities of using information technologies to enhance the efficiency of investigating iatrogenic crimes. To achieve this goal, the study analyzed 20 judgments of the European Court of Human Rights concerning adverse outcomes in the provision of medical care; the World Health Organization's report on patient safety incident reporting systems; and the national Concept for the Development of a Strategy to Prevent Defects in the Provision of Medical Care. The research methodology includes the dialectical method, comparative legal method, structural-functional method, as well as sociological, analytical, statistical, and other methods. During the study, the key factors prompting the urgent need for effective mechanisms and innovative technological solutions to improve the investigation of iatrogenic crimes were identified and examined. These factors include the significant discrepancy between the number of cases of improper medical care and the number of criminal proceedings brought to court in this category of offenses.Difficulties in establishing a causal link between the actions (or inaction) of the person providing medical care and the adverse consequences in the form of harm to the patient’s health or their death; the latent nature of cases of improper medical care (defects in the provision of medical services). Generalized is the foreign experience of using and operating information systems for reporting adverse outcomes of medical care, and based on this, the advantages and capabilities of such systems are outlined. An analysis of the World Health Organization’s report on incident reporting systems related to patient safety has been carried out, the results of which indicate the existence of certain organizational problems in the implementation and use of such systems and proposed ways to address them. The results of this article include: proving the necessity of creating and implementing an information system for recording and analyzing cases of improper medical care; substantiating the position that the development and implementation of such a system in Ukraine will contribute to optimizing the investigation of iatrogenic crimes; arguing that the use of an information system for recording and analyzing cases of improper medical care will assist pre-trial investigation bodies in establishing the mechanism of iatrogenic crimes and its constituent elements; establishing a causal relationship between the actions (or inaction) of the person providing medical care and the adverse consequences in the form of harm to the patient’s health or their death; ensuring the prompt notification of law enforcement agencies about the occurrence of a case of improper medical care; simplifying the procedure for initiating criminal proceedings based on the facts of iatrogenic crimes; preventing obstruction in identifying cases of improper medical care by interested parties; and developing preventive recommendations for avoiding iatrogenic crimes. The provisions and recommendations proposed in this article are of scientific and practical value primarily for criminal justice professionals conducting pre-trial investigations of iatrogenic crimes, as well as for all participants in this process and individuals whose rights may be violated during the investigation. The issues discussed and conclusions drawn will also be useful for researchers, practicing lawyers, criminalistics experts, attorneys, and judges.

Genesis and legal nature of Decentralized Autonomous Organizations: personified purpose and algorithmic will

2025-06-06T15:21:38+03:00

The relevance of this article lies in the existence of over 13,000 decentralized autonomous organizations worldwide, with a total capitalization exceeding 23 billion USD. Numerous projects exploit this form to circumvent regulatory frameworks. At both the international and Ukrainian levels, a coherent understanding of the phenomenon of decentralized autonomous organizations, their objectives, genesis, and legal nature remains absent. The purpose of this article is to explore the genesis and legal nature of decentralized autonomous organizations – from the inception of the technical idea to their transformation into sui generis legal entities. Applying comparative and formal legal methods to examine the development of the legal understanding of these organizations, and employing case study methodology to assess their implementation in practice, the article investigates the main stages of the formation of the modern concept of decentralized autonomous organizations, their differentiation from adjacent constructs – decentralized applications, autonomous agents, and decentralized organizations – by highlighting criteria of autonomy and decentralization, along with case studies from Bitcoin to The DAO. On the basis of a comparative legal analysis of regulatory models in the United States, Europe, and offshore jurisdictions, a conceptual mismatch is identified between classical corporate forms and the ontology of decentralized autonomous organizations. A two-component qualification test is proposed, alongside a typology dividing them into genuine, hybrid, and quasi forms. The findings of the study, together with the identification of practical challenges faced by such projects, substantiate the possibility of recognizing decentralized autonomous organizations as legal persons under Ukrainian law by means of the doctrinal construct of the “personalized purpose” (Zweckvermögen) developed by A. von Brinz, potentially implemented in the form of a foundation. This approach permits the integration of algorithmic will with legal personality without undermining their decentralized nature. The article provides a foundation for further inquiries into specific legal characteristics of decentralized autonomous organizations, including the “sorites paradox” and the prospects for legislative regulation within the Ukrainian legal order based on the doctrine of personalized purpose.

Particular European Standards of Guaranteeing the Right to a Fair Trial in the Context of International Armed Conflict

2024-12-04T17:59:29+02:00

The relevance of the research topic is due to at least several factors. Firstly, according to the analysis of the case law of the European Court of Human Rights, as well as annual reports on this issue, improper compliance with the standards of ensuring the right to a fair trial, established in Article 6 of the European Convention on Human Rights, traditionally belongs to the most common violations by Ukraine as a defendant state and represents a systemic and structural problem. Secondly, the ongoing international armed conflict and the need to investigate and bring to trial an increasing number of criminal offences (including those against national security, war crimes, etc.) with all the challenges that this situation entails, puts an additional burden on the law enforcement and judicial systems and complicates their proper and effective functioning. Thirdly, the introduction of martial law is accompanied by additional restrictions on human rights and freedoms, and a derogation from a number of positive obligations assumed by the state, including in the area of ensuring the right to a fair trial. In view of the above, there is a necessity of scientific reflection on the essential content of the minimum standards for ensuring this right in the light of their implementation in the context of international armed conflict, as well as analysis of the novelties introduced into the national criminal procedure legislation in terms of compliance with the outlined standards in the course of implementation of the relevant regulatory provisions. The comprehensive application of a system of scientific research methods and techniques (in particular, dialectical, formal legal, comparative, systemic and structural, etc.) made it possible to consider the problems of ensuring access to court (including access to the procedures for reviewing criminal proceedings), which may be related to the issue of restoring criminal proceedings lost as a result of hostilities and occupation. The author also clarifies the system of guarantees and prerequisites that must be met in order to ensure the right to defence for suspects and accused persons who are not directly involved in criminal proceedings (i.e., in absentia proceedings). Finally, the author describes the key requirements for ensuring the right to cross-examination (Article 6(3)(d) ECHR) in the case of using testimony recorded during the pre-trial investigation by means of video recording.

Modern genocide: part of national aggressive policies. Undefined definition

2025-05-11T17:11:40+03:00

In the modern world, unfortunately, the use of aggressive violent instruments is becoming increasingly common. One of these tools is genocide. This crime stands out among all others because it is the most dangerous and destructive. In addition, its increased danger is also due to the fact that in the vast majority of cases it is committed by organised and strong societies. After all, the author hypothesises that there is a link between the so-called disciplinary society and genocide. At the same time, bringing to justice for genocide is an extremely difficult task, which, as judicial practice shows, faces many obstacles in practice.

The author sees one of these obstacles in the concept of genocide as defined in international legal documents.

The article provides arguments to substantiate that the content of such an element of the concept of genocide as a protected group is incomplete and sometimes uncertain. The author points to the lack of clarity of such an element of the concept as the term extermination. In particular, it does not allow to unambiguously determine whether it is physical destruction or the creation of conditions that destroy the group as such.

The author notes that the construction of the concept of genocide is also inadequate because it does not actually define the content of this phenomenon through the description of its attributive, stable features, but only lists some forms of genocide. It is emphasised that under such conditions, this concept remains undefined, which entails that when courts and tribunals consider episodes in which genocide is suspected, they replace the proof of genocide in the actions of the accused with the interpretation of certain events in terms of their attribution or non-attribution to genocide. After all, judges do not work with facts, but with interpretations of these facts. This gives rise to a variety of judicial practice and creates the basis for the politicisation of genocide trials.

In conclusion, the author summarises the shortcomings of the definition and argues that the phenomenon of genocide needs to be studied with due regard for the experience of legal application of the concept of genocide and such improvement of this concept which will enable lawyers to assess facts and acts and establish their compliance with the legal definition of genocide

Rule of law in the context of Ukraine's European integration: challenges and implementation in criminal justice

2025-04-14T17:12:52+03:00

The relevance of this topic arises from the challenge of ensuring the rule of law, especially in criminal justice, amid Ukraine’s candidate status for membership in the European Union. The national legal doctrine still faces uncertainty about the essence of this concept and its role in practical legal relations. The purpose of the article is to ascertain whether the rule of law is a genuine principle underpinning criminal justice or rather a strategic goal pursued by law enforcement and courts in the course of reforms and alignment with European standards. This inquiry was conducted through historical-legal and comparative analyses, examination of legislative acts and their enforcement, as well as a critical review of scholarly works addressing the impact of positivist traditions on understanding the rule of law in Ukraine. The findings reveal that formally recognizing the rule of law in the Constitution and legislation is not matched by its proper implementation. Residual Soviet positivism constrains its perception to a merely declarative norm. Additionally, the lack of a clear distinction between principle and goal hinders effective application in criminal proceedings. Based on the study, to enhance the rule of law in criminal justice, it is proposed to overcome legal formalism, update educational programs, and strengthen the role of natural law in legal practice. These measures will help establish a genuine foundation for the rule of law, making it an integral part of criminal justice and a key element in Ukraine’s successful European integration.

Legal Integration of Ukraine into a United Europe and its Impact on the Legal Culture of the Legislator

2025-06-23T18:10:12+03:00

The legal integration of Ukraine into the legal order of the European Union affects the quality of the legal culture of civil servants engaged in regulatory and interpretative legal activities, scientists and Ukrainian society as a whole. The purpose of the study is to analyze and synthesize information related to the formation of the theory and practice of adapting Ukrainian legislation to the EU acquis communautaire; determine its impact on the modernization of the legal system of Ukraine and, in particular, the legal culture of legislators.

The research logic necessitated the application of a comprehensive set of approaches and methods, including: the formal-legal method, which enabled the formulation of fundamental terms, concepts, characteristics, constructions, and classifications; the historical method, which proved instrumental in analyzing the process of formation and development of Ukrainian legislative adaptation to EU law; and the comparative-legal method, employed when comparing domestic approaches with those of Eastern European countries regarding legal integration processes. The article demonstrates that EU law represents a product of regional legal integration emerging from the convergence of elements from continental and Anglo-Saxon legal families. Convergence leads to the creation of universal legal norms and the development of rules for overcoming contradictions contained in the national legislation of EU member states, while expanding the spectrum of legal sources that existed in national legal systems prior to convergence initiation. Convergence influences the modernization process not only of EU member states but also candidate countries during the implementation of European Union membership criteria. The research results confirm that adaptation of national legislation to EU law constitutes a multifactorial process that involves not merely transposition of norms but also modernization of legal culture, primarily of legislators. The research findings will contribute to enhancing the efficiency of legislative adaptation, ensuring Ukraine's legal integration into the European legal space, and forming the foundation for further legislative reforms.