Theory and practice of jurisprudence

Personal Search under Article 340 of the Customs Code of Ukraine: an Analysis of Judicial Practice

2026-05-15T16:38:51+03:00

The article analyses judicial practice regarding the application of Art. 340 of the Customs Code of Ukraine, which governs legal relations concerning personal searches of individuals during customs control at Ukraine's customs border. The relevance of this study stems from the fact that personal searches, as an exceptional form of customs control, constitute interference with private life and may infringe the constitutional right to personal integrity, particularly given that the results of such searches may subsequently be used as evidence in criminal proceedings. The article provides a comparative analysis of the procedure governing personal searches under the Customs Code of Ukraine, personal searches under the Code of Ukraine on Administrative Offences, and searches conducted under the Criminal Procedure Code of Ukraine. The study presents the results of a comprehensive analysis of the legal positions adopted by the Supreme Court concerning the legal nature and grounds for conducting personal searches as an exceptional form of customs control authorised by a written decision of the head of the customs authority, where there are reasonable grounds to believe that a person crossing the customs border of Ukraine is concealing contraband or goods that violate customs regulations. Particular attention is devoted to the admissibility of evidence obtained during customs control, including personal search reports, as well as to the criteria used by courts to assess the legality and justification of personal searches, given that the sole statutory basis for conducting such searches is the existence of reasonable grounds to believe that a person is concealing prohibited items. As a result of the study, proposals to enhance legal certainty in the application of Art. 340 of the Customs Code of Ukraine were formulated.

Conceptualization of Human Dignity in European Union Law

2026-05-15T16:28:01+03:00

The purpose of this article is to conduct an interdisciplinary study of the formation and development of the legal regulation of human dignity in the context of European integration. Human dignity is defined as a phenomenon with numerous manifestations that encompasses various legal frameworks. Although all elements of human dignity are disclosed and enshrined in the Charter of Fundamental Rights of the European Union, this concept is also invoked to strengthen and enrich EU law as a whole. The research employs interdisciplinary and terminological approaches, as well as dialectical, hermeneutic, historical-legal, comparative-legal, systemic-functional methods, and the method of legal modeling. Particular emphasis is placed on the potential of dignity as a guideline for legal interpretation and for shaping sustainable development policies within a united Europe. The case law examined in the article demonstrates that the Court of Justice of the European Union refers to dignity in cases related to various areas of legal regulation. The article highlights the importance of the activities of the Court of Justice of the European Union in interpreting human dignity as a fundamental value underlying the organization and functioning of the EU, as a general principle of law, and as an individual subjective right. Problematic issues concerning the relationship between the values enshrined in the Treaty on European Union and the rights guaranteed by the Charter of Fundamental Rights of the European Union are addressed. The significance of the Convention for the Protection of Human Rights and Fundamental Freedoms in the formation and development of EU legal regulation in the field of human rights is emphasized. The importance of enshrining human dignity at the level of the founding treaties and the Charter of Fundamental Rights of the European Union is substantiated. The theoretical generalizations and conclusions obtained within the framework of the research are based on the analysis of a wide range of doctrinal sources, as well as acts of international human rights law, primary and secondary EU law, EU soft law acts, and the constitutional legislation of individual states. The results of the study may be useful for conducting comparative legal research aimed at identifying approaches to the normative consolidation of human dignity in international law, European Union law, and the law of the Council of Europe; comparing the positions of the Court of Justice of the European Union and the European Court of Human Rights on this issue; and improving domestic human rights legislation.

Legal systems in different political orders (using the example of Latin American countries)

2026-05-07T17:05:43+03:00

The relevance of the study is determined by transformations in the political systems of modern countries, which affect the characteristics of legal systems and lead to changes in the manifestations of democratic systems. Such changes are clearly evident in Latin American countries. Research into the influence of political factors on legal systems will help prevent the negative manifestations of such processes in Ukraine during its own institutional reform. The purpose of this study is to identify the political causes and factors that contribute to differences within homogeneous legal systems. The task is to analyse the political systems of Latin American countries, identify key factors influencing the differences between these systems, and characterise the various processes that led to the transformation of their legal and political systems. For this purpose, the following materials were used: monographs, collections of articles by researchers, assessments by leading experts in political processes, annual classifications of countries according to the democracy index formed by The Economist, etc. The authors used a variety of scientific methods: philosophical (dialectical and hermeneutic), general scientific (systemic, structural-complex, content analysis, statistical-mathematical methods), and theoretical-legal methods (comparative-legal, historical-legal, formal-legal, legal forecasting method), and applied many principles, methods, and techniques of scientific research (principles of determinism and retrospective analysis, objectivity, historicism, classification, dogmatic-legal approach, principles of analogy, and logical analysis). The results of the study highlighted the peculiarities of different political systems in the Latin American region. The authors concluded that the legal systems of Latin American countries represent different groups of political systems. To divide into such groups, various factors should be taken into account, including the rule of law, democratic accountability of state bodies, and various indicators of democracy. Further research could explore the impact of various political processes and reforms on the characteristics of individual national legal systems in Latin American countries.

Algorithmic Platform Moderation and Freedom of Expression in Ukraine

2026-05-07T17:32:40+03:00

The article examines the transformation of freedom of expression under private algorithmic governance of the public digital sphere. The relevance of the topic is that global online platforms increasingly act as de facto intermediaries for political communication, news exchange, documentation of war crimes, and civic mobilisation, while Ukrainian legislation lacks a comprehensive model for their procedural accountability. The purpose of the article is to identify the legal risks of algorithmic moderation for freedom of expression and to substantiate a regulatory model suitable for Ukraine in the context of war, information aggression, and European integration. The methodology is based on doctrinal, comparative legal, functional, and systemic methods, as well as on the analysis of legal and policy materials concerning the European Union, the United States, the United Kingdom, Taiwan, and Ukraine. The results show that the European Union model provides the most developed procedural safeguards; the American model preserves excessively broad private platform discretion; the British approach emphasises risk-oriented service safety; and the Taiwanese model demonstrates the effectiveness of social resilience and non-punitive coordination. The article substantiates the need for a hybrid model for Ukraine that combines reasoned moderation decisions, internal and independent appeals, systemic risk assessment, an institutional channel of communication with platforms, and rapid response to disinformation, without granting the state censorship powers. Further research should focus on the development of a special law on digital services and platform governance.

Constitutional and Legal Framework for the Capacity of Local Self-Government in Ukraine in the Context of European Integration: the Experience of the Baltic States

2026-05-07T18:00:39+03:00

The article is devoted to a topical issue in the context of Ukraine’s European integration, namely the modernization of legislative regulation of mechanisms for ensuring the capacity of local self-government. The relevance of the study is determined by the need to take into account European experience, in particular that of the Baltic states, where the concept of "capacity" is widely used in legal systems as a tool for enhancing efficiency and ensuring the proper functioning of local self-government. This approach is based on the full implementation of the provisions of the European Charter of Local Self-Government, which establishes relevant standards. The article analyzes the doctrinal understanding of the essence of the concept of "capacity" and distinguishes it from related categories, in particular "actual ability." The current state of legal regulation of this concept in Ukraine and the specifics of its enshrinement in normative legal acts are examined. Considerable attention is paid to the analysis of the practices of the Baltic states as an example of effective ensuring the capacity of local self-government. The author proposes a definition of capacity as a socio-legal category that reflects the potential ability of municipal institutions and the system of local self-government as a whole to effectively exercise their powers, provided that the necessary resources and internal potential are available. Based on this approach, proposals for amendments to the Constitution of Ukraine are substantiated, aimed at strengthening the institutional, functional, and financial capacity of local self-government. It is determined that such changes should be based on the provisions of the European Charter of Local Self-Government and the best practices of the Baltic states.

Safety Warnings: Do They Grant an Indulgence from Product Liability?

2026-05-07T18:13:33+03:00

This article examines whether safety warnings can excuse or neutralize product defects under strict product liability. It addresses a persistent tension at the heart of modern product liability law: whether risk may be shifted to consumers through disclosure, or whether certain risks must remain with the producer irrespective of warning. The analysis proceeds from the premise that product liability is organized around defectiveness rather than fault. Within the European Union, defectiveness is determined by reference to the level of safety the public is entitled to expect, taking into account all relevant circumstances, including the product’s presentation. Safety warnings, therefore, form part of the defectiveness inquiry, but their precise legal function remains contested. To clarify this function, the article combines doctrinal analysis of European Union legislation and case law with comparative insights drawn from the United States, England, and Canada. Particular attention is paid to the tripartite distinction between manufacturing defects, design defects, and failure-to-warn defects, which, while not formally embedded in European Union law, provides an analytically useful framework. The main conclusion is that warnings cannot be considered a general basis for exemption from liability. They cannot cure manufacturing defects, as this would undermine the regime's strict character by replacing the right to a safe product with a mere right to be informed of risks. In the context of design defects, the role of warnings is more limited and conditional. Where a reasonable alternative design exists, a warning cannot substitute for a safer design. Only where risks are irreducible, and no safer design is feasible, may an adequate warning suffice to render the product non-defective. Even then, warnings remain an imperfect safety mechanism, constrained by their dependence on user attention and behaviour. The article concludes that warnings are a necessary but inherently limited tool of risk regulation. They inform the assessment of defectiveness and may affect the apportionment of responsibility, but they cannot legitimize avoidably unsafe products.

Strategies for Legal Protection of the Defendant in Disputes Over the Loan Debt Collection

2026-05-07T18:26:04+03:00

In the context of economic instability and the expansion of digitalisation in the financial sector, there has been a significant increase in the number of court disputes related to the recovery of credit debt. The defendant (borrower in substantive legal relations) is typically the weaker party, which necessitates the development of effective protection mechanisms. In this regard, the purpose of the article is to analyse procedural and substantive legal instruments for protecting the rights of the defendant in credit disputes, taking into account recent judicial practice. To examine legislative acts and legal positions of the Supreme Court, the study employs formal-legal, case law analysis, comparative legal, and system-structural methods. The effectiveness of both passive and active defence strategies is analysed, including challenging the conclusion of electronic contracts, disputing the assignment of claims under factoring agreements (especially about "future claims"), applying statutes of limitations, and using the specific legal regime of martial law. The article emphasises the need for further research into issues of collective protection of debtors’ rights and the improvement of mechanisms to combat fraud in the online lending field.

Decentralized Autonomous Organizations: Corporate Wrapper Obstacle Épistémologique

2026-05-07T18:49:54+03:00

The relevance of this study is driven by the necessity to transform modern civil law doctrine toward a post-non-classical stage. Civil law constantly faces challenges from newly emerging relationships. The new decentralized internet, Web3, has shifted the paradigm for perceiving the elements of civil legal relations; as this article demonstrates, a new legal object exists on the blockchain, even though current civil norms state otherwise. In this regard, decentralized autonomous organizations are not merely a technological phenomenon but also a challenge to existing civil law theories and an instrument for protecting human rights amid the identity crisis of the information society and "surveillance capitalism". The purpose of this work is to substantiate a paradigm shift in research on decentralized autonomous organizations and to analyze their legal status by deconstructing the values they defend: privacy, dignity, and autonomy. The methodology is based on the axiological and historical approaches to Roman law and Kantian ethics to comprehend the depth of privacy problems and the relevance of these decentralized entities, alongside the synergetic method, which views a decentralized autonomous organization as a dissipative structure. The results demonstrate that such an organization is an autopoietic system where the protocol acts as a slaving principle (teleonomy of the code), while in bifurcation points preserving teleology of the community. It is argued that applying general corporate laws is dogmatically flawed due to the absence of affectio societatis (mutual trust) and undermines the very causa finalis of these decentralized systems – advocating for a decentralized internet and a shift of power to users, rather than creating just another form of a limited liability company. Prospects for further research include the proposal to treat these decentralized organizations as a sui generis construct. It is concluded that regulators should create "strange attractors" by applying the legal construct of Zweckvermögen (purpose-bound patrimony) to smart contracts, allowing these structures to participate in offline legal relationships without destroying their unique nature.

The Quiet Revolution of Fundamental Rights Protection: How Independent Administrative Authorities are Reshaping Legal Guarantees in France

2026-05-07T19:15:46+03:00

The right to an effective remedy is traditionally understood in France as access to a court. However, many individuals face social, economic, and procedural barriers that prevent them from exercising this right in practice. Procedural complexity, lack of knowledge about available remedies, and the burdens of litigation discourage vulnerable populations from claiming their rights. These obstacles are particularly acute in cases involving structural or systemic violations of fundamental rights, highlighting the limits of a purely judicial conception of rights protection. The study, therefore, focuses on French Independent Administrative Authorities, examining how their intervention may serve as a remedy to these limitations, with particular attention to the Defender of Rights and the General Controller of Places of Deprivation of Liberty. The research combines doctrinal analysis, examination of institutional reports, and study of empirical investigations conducted by these authorities. It evaluates both their individual casework and their structural interventions in public policy. The study demonstrates that these authorities redefine the right to an effective remedy as a socially situated process. By identifying patterns of non-recourse, overlapping vulnerabilities, and structural obstacles to justice, they intervene through mediation, legal information, field investigations, preventive oversight, and legislative proposals. Their recommendations influence administrative practices and statutory reforms. By combining facilitation, prevention, and normative initiative, they complement judicial protection without replacing courts, enhancing access to justice and strengthening institutional accountability. Future research may assess the impact of granting these authorities direct access to constitutional review. Comparative studies with other European ombuds institutions would also be relevant, as they could highlight differences and similarities in institutional design, procedural powers, and effectiveness, thereby informing best practices and potential reforms in rights protection.

Nemo Judex іn Re Sua and the "Standing Mandate" Procedure

2026-05-07T19:33:18+03:00

The institutional failure of the United Nations Security Council to fulfill its mandate to maintain international peace and security has long been a focus of attention and remains a central topic of discussion – both in intergovernmental and doctrinal contexts – regarding the United Nations reform. Art. 27(3) of the United Nations Charter enshrines not only the procedural right of veto but also the procedural obligation for a party to a dispute to abstain from voting on resolutions pursuant to Chapters VI and VIII (Art. 52 (3)); however, this obligation is often disregarded. Such deliberate actions constitute a violation of the fundamental legal principle of nemo judex in Re Sua, "no one may be a judge in their own case" – which is why this study is relevant. The aim of the study is to analyze the impact of the new procedure "Standing Mandate" procedure on the obligation of a United Nations Security Council member to abstain from voting if it is a party to a dispute, how it contributes to increasing the transparency and accountability of this principal body to the United Nations General Assembly, and whether this mechanism constitutes the initial phase of implementing elements of accountability for abuse of rights within the organization. The article examines and analyzes existing proposals for United Nations transformation, reviews the outcomes of intergovernmental debates on United Nations Security Council reform in recent years, and analyzes shifts in the core positions of states in this context against the backdrop of numerous contemporary armed conflicts that have engulfed the world, as well as the very reasons for such incremental changes in views and approaches. To this end, the study employed a dialectical method at the philosophical level; empirical methods, such as comparative analysis, observation, and description; general logical methods, such as analysis and synthesis; as well as a specialized legal method. Among the findings of this study, the following should be highlighted: an examination and analysis of current trends in shifting approaches to the transformation of the United Nations and the rationale behind them, a theoretical and legal analysis of the possibility of using the veto initiative to unlock the procedural obligation enshrined in Art. 27(3) as a response to abuse of rights, as well as a theoretical and legal analysis of the further development of the application of the "Standing Mandate" procedure. The impact of United Nations General Assembly Resolution 76/262 in the context of enhancing the role of this principal organ, as well as its influence on the introduction of preventive mechanisms for accountability for abuse of rights into United Nations practice, remains largely unexplored, particularly in domestic doctrine. Further doctrinal research into the legal nature of this mechanism, as well as its implementation through extra-statutory reform, is imperative.