https://ojs.dpu.edu.ua/index.php/irplegchr/issue/feed Irpin legal chronicles 2025-09-15T21:01:19+02:00 Open Journal Systems <p>Scientific Journal</p> https://ojs.dpu.edu.ua/index.php/irplegchr/article/view/372 ESSENCE AND CONTENT OF ADMINISTRATIVE AND LEGAL PROTECTION AND PROTECTION OF INTELLECTUAL PROPERTY RIGHTS 2025-09-15T10:52:55+02:00 M. M. Herman n.a.luhina@dpu.edu.ua <p><em>The article examines the features of the content of administrative and legal protection and safeguarding. It is determined that the measures of administrative and legal protection of intellectual property rights include: 1) development and adoption of relevant regulatory legal acts regulating the protection and safeguarding of intellectual property rights; 2) formation and implementation of state policy in the field of protection and safeguarding of intellectual property rights; 3) implementation of state programs aimed at the protection and safeguarding of intellectual property rights; 4) state registration of intellectual property rights; 5) public control over compliance with legislation in the field of intellectual property; 6) prohibition of any actions of individuals and legal entities that may lead to violations of intellectual property rights. It is proven that in a broad sense, the content of administrative and legal protection of intellectual property rights is the development and implementation by authorized entities of relevant protective and legal measures aimed at ensuring legality in the field of intellectual property and bringing guilty persons to administrative responsibility, i.e., they encompass all components of intellectual property rights protection. It is summarized that the main characteristics of the concept of administrative legal protection are: 1) it is a component of public management of legal relations that arise in the process of exercising intellectual property rights by subjects of their rights; 2) it is carried out by taking administrative legal measures of influence; 3) the subjects of administrative legal protection are public administration bodies; 4) the object of administrative legal protection is intellectual property rights to literary and artistic works, computer programs, data compilations (databases), performances, phonograms, videograms, programs of broadcasting organizations, scientific discoveries, inventions, utility models, industrial designs, layouts of semiconductor products, innovative proposals, plant varieties, animal breeds, commercial (brand) names, trademarks (signs for goods and services), geographical indications, trade secrets; 5) it is a system of legal measures aimed at ensuring the exercise of intellectual property rights.</em></p> 2025-09-15T00:00:00+02:00 Copyright (c) 2025 Irpin legal chronicles https://ojs.dpu.edu.ua/index.php/irplegchr/article/view/371 THE ROLE OF FINANCIAL DECENTRALIZATION IN THE DEVELOPMENT OF LOCAL COMMUNITIES IN UKRAINE 2025-09-15T10:35:22+02:00 O. P. MELNYK n.a.luhina@dpu.edu.ua V. V. KONDRATIUK n.a.luhina@dpu.edu.ua <p><em>The article is devoted to the study of the process and peculiarities of implementation of financial decentralization in the context of delegation of powers from the national level to the regional and local levels of government in the field of formation and use of financial resources.</em></p> <p><em>The author analyzes financial decentralization in Ukraine as a key component of reforming the budget system and increasing the financial capacity of territorial communities. Thanks to the reform, local authorities have received more resources for infrastructure development, improvement of public services and local initiatives. The share of communities' own revenues has increased, reducing their dependence on government subsidies. The responsibility of local authorities to their residents has also increased, as communities independently decide on the allocation of budget funds. </em></p> <p><em>The article also examines the peculiarities of redistribution of financial resources between the state and local budgets and the mechanisms of interbudgetary transfers. The main challenges that arise in the process of decentralization are identified, including the issues of financial self-sufficiency of communities, transparency of funds management, efficiency of tax policy and regional development.</em></p> <p><em>Particular attention is paid to the impact of the war on the economic situation in the country and the role of decentralization in overcoming the crisis. It is determined that in times of crisis, reform plays an important role, as it allows communities to respond quickly to new needs, restore critical infrastructure and support people affected by the fighting. However, this situation has also emphasized the need to further improve intergovernmental fiscal relations and to find additional sources of revenue.</em></p> <p><em>The article also examines the legal aspects of financial decentralization, analyzes the changes made to the Budget and Tax Codes that contributed to the redistribution of revenues between levels of government, strengthening local budgets and expanding tax revenues at the community level, and which resulted in an increase in the share of local budgets' own revenues.</em></p> <p><em>As a result, the author identifies the prospects for further improvement of the mechanisms of financial decentralization, in particular, the need to improve coordination between levels of government, ensure uniform development of territorial communities and increase the efficiency of budgetary funds.</em></p> 2025-09-15T00:00:00+02:00 Copyright (c) 2025 Irpin legal chronicles https://ojs.dpu.edu.ua/index.php/irplegchr/article/view/370 PECULIARITIES OF DEFINING THE CONCEPT OF "SUCCESSFUL SCIENTIFIC RESEARCH THAT HAS ACHIEVED RECOGNIZED RESULTS" 2025-09-15T10:23:10+02:00 V. V. Topchiy n.a.luhina@dpu.edu.ua <p><em>The article discusses the basics of defining scientific research that has gained wide international recognition due to recognized and successful results. The author analyzes the key factors that contribute to scientific success, including innovation, interdisciplinary approach, relevance of the topic, and effective communication of results. The article aims to identify patterns that can serve as a guide for future research.</em></p> <p><em>The purpose of the article is to provide a thorough analysis of the peculiarities of defining the concept of “successful research that has achieved recognized results”.</em></p> <p><em>The author notes that successful research is not only a process, but also the recognition of results by the scientific community, and recognition is a kind of assessment of the quality and significance of work, which shows that research really affects the development of science and society.</em></p> <p><em>The criteria for successful research in the article include: relevance – the research should meet modern scientific and social needs; novelty – contains new ideas, approaches or results that were not known before; validity – logic of presentation, use of proven methods and sources; theoretical and practical value – the research result should influence the development of science or practice; systematicity – the research should be structured and consistent; originality of thinking – the author's vision of the problem, independence in.</em></p> <p><em>Thus, modern science is developing extremely dynamically, requiring researchers not only to have a solid theoretical foundation, but also to be able to find innovative solutions that should be effective and recognized in scientific, theoretical, or practical terms. Successful scientific research is not only the acquisition of new knowledge, but also its implementation in practice and recognition by the scientific community and society.</em></p> 2025-09-15T00:00:00+02:00 Copyright (c) 2025 Irpin legal chronicles https://ojs.dpu.edu.ua/index.php/irplegchr/article/view/369 LEGAL ASPECTS OF PREVENTING THE MISUSE OF BUDGET FUNDS 2025-09-15T10:15:26+02:00 А. V. Harbinska-Rudenko n.a.luhina@dpu.edu.ua K. M. Firskina n.a.luhina@dpu.edu.ua S. I. Mikhailova n.a.luhina@dpu.edu.ua <p><em>The article is devoted to the analysis of the problems of misuse of budget funds during martial law in Ukraine. The main types of abuses that can occur during public procurement procedures are considered and the main reasons for such illegal activities are analyzed. Special attention is paid to the systematization of recommendations for strengthening financial control over the use of budget funds. The authors summarize that the misuse of budget funds during martial law causes deliberate and careless spending of budget resources for purposes that do not meet the established priorities of defense and security of the country. The article indicates that the inefficient use of budget funds directly affects the defense capability of the state.</em></p> <p><em>It is determined that the misuse of budget funds during martial law not only causes direct material damage to the state, but also has a destructive effect on the morale of society and undermines trust in state institutions.</em></p> <p><em>The authors pay attention to the analysis of regulatory legal acts regulating the use of budget funds. Key problematic aspects are identified and ways to improve the mechanisms of financial control over the use of budget funds in Ukraine are proposed, as well as special attention is paid to the problems of preventing corruption and ensuring the transparency of budget expenditures.</em></p> <p><em>In order to minimize the negative consequences of possible abuses in the use of budget funds, a number of measures are proposed aimed at strengthening and optimizing the system of financial control over the use of budget funds. Measures are proposed to strengthen the responsibility of officials for the misuse of funds, the application of stricter sanctions, which will help reduce the number of budget offenses. The authors substantiate the need for personal responsibility for heads of state institutions for the inefficient use of funds.</em></p> <p><em>It is concluded that the implementation of the proposed measures will contribute to strengthening public trust in state institutions and increasing the overall efficiency of spending in wartime.</em></p> 2025-09-15T00:00:00+02:00 Copyright (c) 2025 Irpin legal chronicles https://ojs.dpu.edu.ua/index.php/irplegchr/article/view/352 METHODOLOGY OF INVESTIGATING CRIMES RELATED TO TERRORISM 2025-09-14T14:39:21+02:00 Y. G. Bilyk n.a.luhina@dpu.edu.ua <p><em>The article examines both theoretical and practical aspects of the methodology of investigating crimes related to terrorist activities. Given the current challenges of global security, terrorist crimes remain one of the most dangerous threats both for individual states and for the international community as a whole. They are aimed not only at causing physical harm or destroying material objects, but also at destabilizing society, spreading panic and intimidating the population. Given the complex and multi-level nature of such crimes, their investigation requires a comprehensive approach, which includes a thorough analysis of the scene, collecting and studying the evidence base, establishing possible connections between criminals and terrorist organizations, as well as assessing potential threats in the future. Special attention is paid to the use of modern scientific and technical means, information and analytical systems and criminal analysis to increase the efficiency of the investigation.</em></p> <p><em>The main stages of the investigation of such crimes are considered, including the fixation of traces, the analysis of physical evidence, the use of information and analytical systems and methods of criminal analysis. Particular attention is paid to the algorithm of actions of investigative and operational units when documenting terrorist acts, in particular, the detection and identification of organizers, perpetrators and accomplices of the crime.</em></p> <p><em>The application of modern technologies, such as digital forensics, big data analysis and video analytics, which allow for faster identification of suspects and prediction of possible terrorist threats, is also highlighted. An important aspect is international cooperation in the fight against terrorism, as well as the exchange of information between law enforcement agencies of different countries.</em></p> <p><em>Recommendations are offered for improving the investigation methodology, taking into account modern threats and challenges. Attention is focused on the need for a comprehensive approach that combines legal, organizational and technical aspects of criminal investigation, as well as the importance of training specialized personnel to effectively combat terrorism.</em></p> 2025-09-15T00:00:00+02:00 Copyright (c) 2025 Irpin legal chronicles https://ojs.dpu.edu.ua/index.php/irplegchr/article/view/351 IMPLEMENTATION OF THE RIGHT TO A FAIR TRIAL IN CRIMINAL PROCEEDINGS IN UKRAINE 2025-09-14T14:32:36+02:00 O. V. Haidak n.a.luhina@dpu.edu.ua <p><em>The article examines the mechanism of implementation of the right to a fair trial in criminal proceedings in Ukraine. It is noted that everyone has the right to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law, which will resolve a dispute concerning his or her civil rights and obligations or establish the validity of any criminal charge brought against him or her.</em></p> <p><em>The author establishes that ensuring the right to a fair trial, in particular, the guarantee of a trial by a court established by law, is fundamental to the legal system of Ukraine and its European integration. Compliance of national legislation with international standards contributes to strengthening the rule of law and public confidence in the judicial system.</em></p> <p><em>The right to a fair trial in Ukraine faces a number of systemic problems that undermine public confidence in the judiciary and complicate access to justice. </em></p> <p><em>Despite numerous judicial reforms, the problem of violations of the right to a fair trial remains unresolved. The introduction of modern technologies, such as algorithmic analysis of violations and the subsequent dissemination of this information, can contribute to the transparency of trials. Automated case distribution and digital databases of case law will help identify systemic violations and increase the objectivity of court proceedings.</em></p> <p><em>One of the key forms of exercising the right to judicial protection in times of war has become remote proceedings. Back in the spring of 2020, the legislator allowed the parties to the case to participate in court hearings remotely. However, the introduction of remote forms of work is still not fully regulated, and the technical conditions do not always comply with the provisions of procedural law and court practice. </em></p> <p><em>Remote court proceedings face a number of procedural, organisational and technical difficulties, especially in times of war. There is an urgent need to improve the legislative framework and practice of remote court hearings. In particular, the Verkhovna Rada of Ukraine is considering draft laws aimed at improving the possibilities of remote proceedings, which provide for the participation in the hearings not only of the parties to the case, but also of judges and court clerks.</em></p> <p><em>The difficult situation in the country requires decisive action and innovative solutions aimed at ensuring the right to judicial protection without endangering the life and health of litigants. It is necessary to continue to work on improving legislation and introducing new procedures that will meet modern challenges and ensure effective justice under martial law.</em></p> 2025-09-15T00:00:00+02:00 Copyright (c) 2025 Irpin legal chronicles https://ojs.dpu.edu.ua/index.php/irplegchr/article/view/350 IMPLEMENTATION OF THE PRINCIPLE OF ACCESS TO JUSTICE IN CRIMINAL PROCEEDINGS UNDER CONDITIONS OF ARMED AGGRESSION 2025-09-14T14:24:33+02:00 I. V. Hrytsiuk n.a.luhina@dpu.edu.ua N. A. Luhina n.a.luhina@dpu.edu.ua V. O. Pidhorodetskyi n.a.luhina@dpu.edu.ua <p><em>The article is devoted to the study of the peculiarities of implementing the principle of access to justice in criminal proceedings under the conditions of armed aggression in Ukraine. It examines the main obstacles to the functioning of the criminal justice system during wartime, including the physical destruction of judicial infrastructure, security issues for participants in criminal proceedings, the displacement of a significant number of people, difficulties in evidence collection, and challenges in conducting procedural actions.</em></p> <p><em>The article analyzes legislative changes introduced to adapt the criminal process to the realities of armed conflict. Special attention is given to issues of remote judicial proceedings, documentation of war crimes, and the application of special pre-trial investigation and trial procedures. The challenges related to ensuring procedural guarantees for participants in criminal proceedings under extraordinary conditions are highlighted, including the right to defense, the right to appeal procedural decisions, and compliance with reasonable timeframes for case consideration.</em></p> <p><em>The study explores national practices regarding the relocation of courts from temporarily occupied territories and areas near combat zones, as well as the organization of judicial bodies under conditions of frequent air raid alerts and limited energy supply. Innovative approaches to ensuring the continuity of judicial processes are considered, such as the use of backup power sources, the creation of secure server rooms for storing electronic case materials, and the development of mobile courts.</em></p> <p><em>The article also analyzes the experience of other countries that have faced similar challenges</em><em> during armed conflicts, including Bosnia and Herzegovina, Georgia, and Croatia, and the possibilities of adapting their experience to the Ukrainian context. The role of international organizations in supporting Ukraine’s justice system, documenting war crimes, and facilitating the prosecution of perpetrators is also discussed.</em></p> <p><em>Based on an analysis of international experience and national practice, the article proposes a set of recommendations for improving legislation and practical mechanisms to ensure access to justice under conditions of armed aggression.</em></p> 2025-09-15T00:00:00+02:00 Copyright (c) 2025 Irpin legal chronicles https://ojs.dpu.edu.ua/index.php/irplegchr/article/view/349 PROTECTION OF DATA OF SUBJECTS OF CRIMINAL PROCEEDINGS AS A GUARANTEE OF ENSURING THEIR SAFETY 2025-09-14T14:15:06+02:00 D. S. Kuhlenko n.a.luhina@dpu.edu.ua <p><em>The article examines the mechanism of protection of personal data of participants in criminal proceedings as a guarantee of ensuring their safety. It is noted that in recent years, many new bodies have been created in Ukraine to minimize crime in the country, including the National Anti-Corruption Bureau, the State Bureau of Investigation, etc. Right now, in the conditions of active reform of the law enforcement system, it is worth paying attention to the issue of safe participation in criminal proceedings of persons who contribute to the establishment of the truth.</em></p> <p><em>The position is expressed that the sophistication and frank cynicism manifested recently by criminals require a new approach to ensuring the rights, legitimate interests and, especially, personal safety of persons who contribute to the establishment of the truth in criminal proceedings. This especially applies to the procedural status of the witness, who, despite the new provisions of the 2012 Criminal Procedure Code of Ukraine, remains one of the most vulnerable subjects of the criminal process. The right to protection and security must be ensured not only to the suspect (accused), but also to those who cooperate with the investigative bodies, declare to the law enforcement authorities about the preparation for committing <br>a criminal offense or already committed a criminal offense, as well as provide information that exposes the actions of criminals during the interrogation. It is also necessary to take unprecedented measures to ensure the safety of persons close to them and the safety of the property of witnesses.</em></p> <p><em>Attention is focused on the fact that the simultaneous interrogation of two or more already interrogated persons has a significant impact on its participants, which can both positively and negatively affect the establishment of the truth in criminal proceedings. A dishonest participant in such an interrogation often tries to persuade others to change their testimony in his favor. In case of simultaneous interrogation with audio and video interference, the anonymous witness will be protected from such influence. The suspect (accused) will not have the opportunity to see the witness and establish direct psychological contact with him. The lack of personal contact protects the anonymous witness from post-crime influence, but also creates obstacles in establishing the truth due to the unique features of simultaneous examination in the standard form.</em></p> 2025-09-15T00:00:00+02:00 Copyright (c) 2025 Irpin legal chronicles https://ojs.dpu.edu.ua/index.php/irplegchr/article/view/348 COMPILATION AND CONSIDERATION OF REQUESTS FOR THE APPLICATION OF MEASURES TO ENSURING THE PARTICIPATION OF PERSONS DURING CRIMINAL PROCEEDINGS 2025-09-14T14:09:02+02:00 A. V. Svintsytskyi n.a.luhina@dpu.edu.ua <p><em>The article examines the procedural procedure for drafting and considering requests for the application of measures to ensure the participation of persons in criminal proceedings. The features of the legal regulation of these issues, which are provided for by the current criminal procedural legislation, are disclosed, and the practical aspects of their implementation in judicial activity are highlighted.</em></p> <p><em>The legislative requirements for the form and content of the request are analyzed, in particular, the mandatory details that must be contained in the document for its proper execution are determined. The legal grounds for submitting such requests are investigated, including the need to substantiate the presence of risks of evasion from participation in the process or obstruction of criminal proceedings. Issues related to proving the relevant grounds and assessing their sufficiency are separately considered.</em></p> <p><em>The article also analyzes the procedure for judicial consideration of petitions for the application of measures to ensure the participation of persons in criminal proceedings, including the terms of their consideration, procedural features of decision-making and possible objections from the parties. The problems that arise in practice during the preparation and consideration of such petitions are separately considered, as well as possible ways to improve legal regulation to increase the efficiency of law enforcement activities in this area. The key aspects related to the justification of the need to apply specific measures, as well as the assessment of evidence confirming the presence of relevant risks, are considered. The problems of law enforcement associated with the consideration of petitions are identified, in particular, regarding compliance with the principle of proportionality and ensuring effective judicial control over their use.</em></p> <p><em>Directions for improving the current legislation and judicial practice are proposed to increase the level of legal protection of participants in the process. The study is based on the analysis of national legislation, judicial practice and scientific doctrinal approaches to the application of measures to ensure the participation of persons in criminal proceedings.</em></p> 2025-09-15T00:00:00+02:00 Copyright (c) 2025 Irpin legal chronicles https://ojs.dpu.edu.ua/index.php/irplegchr/article/view/347 CRIMINAL CHARACTERISTICS OF CRIMINAL OFFENCES IN THE FINANCIAL SPHERE 2025-09-14T14:01:01+02:00 O. V. Temnenko n.a.luhina@dpu.edu.ua <p><em>The article is devoted to the study of the forensic characteristics of criminal offenses in the financial sphere. The main elements of such a characteristic are determined, in particular, the methods of committing criminal offenses, typical traces, the characteristics of the perpetrator and the victim, as well as the mechanisms for concealing illegal activities. The current trends in financial criminal offenses are analyzed, including fraud, evasion of taxes, fees (mandatory payments), legalization (laundering) of proceeds from crime, and abuse of office. Special attention is paid to the methods of forensic investigation of financial criminal offenses, including the use of automated information systems, analysis of transactions and documents, and the use of expert research. The specifics of proving such cases are considered, in particular, the difficulties associated with identifying and recording trace information, which requires the involvement of specialists in the field of financial monitoring and auditing. Conclusions are drawn on the need to improve the methods of forensic analysis of financial criminal offenses, strengthen interdepartmental cooperation and introduce the latest technologies to detect, investigate and prevent such criminal offenses. Attention is focused on the importance of international cooperation in combating financial crime, especially in the context of the globalization of financial markets and the use of digital technologies in illegal activities. The role of legal regulation and its impact on the effectiveness of combating financial criminal offenses is also considered. The need to update legislative norms and adapt forensic methods to modern challenges, in particular cyber threats and cross-border financial schemes, is substantiated. Ways are proposed to improve the training of investigators and experts to ensure the effective detection and investigation of criminal offenses in the financial sector.</em></p> 2025-09-15T00:00:00+02:00 Copyright (c) 2025 Irpin legal chronicles https://ojs.dpu.edu.ua/index.php/irplegchr/article/view/368 RELIGION AS THE BASIS OF LEGAL SYSTEMS OF ASIA 2025-09-15T08:57:54+02:00 N. M. Binyuk n.a.luhina@dpu.edu.ua <p><em>The article is devoted to a comprehensive study of the legal nature and features of the religious type of legal system of Asian countries.</em></p> <p><em>The author studies the religious-legal family in the context of legal science and its manifestation in Asian countries. The author emphasizes that Asia is the cradle of many world religions, such as Hinduism, Buddhism, Islam, Judaism, Sikhism and others, which not only influence the spiritual life, but also form the social structure and legal systems of these countries. Special attention is paid to the Muslim legal system, its inextricable connection with Islam, the Quran as the main source, and its significance as a universal political-legal doctrine, which has historical, theoretical and practical value.</em></p> <p><em>The text analyzes in detail the specific features of religious legal systems, in particular on the example of Muslim and Jewish law. The difference in understanding the sources of law is emphasized, where divine revelation acts instead of the legislator, which makes the norms absolute and unchangeable. The features of Jewish law, its mononational character and development in the absence of its own state for a long time are considered. The influence of religion on the formation of Hindu and canon law, as well as the philosophical and religious systems of China is also mentioned.</em></p> <p><em>The conclusion is made that the religions of Asian countries not only shape the worldview of billions of people, but also serve as a source of cultural, artistic and spiritual wealth. Understanding these religions contributes to a better understanding of the traditions and values that unite or divide the peoples of this region.</em></p> <p><em>The need to distinguish religious law and national legal systems in countries belonging to this family is emphasized, and the originality and uniqueness of religious legal systems in comparison with others is also stated.</em></p> <p><em>Modern comparative studies distinguish between a broad and narrow understanding of the legal system. In the broad sense, it is a set of national legal systems that share a common origin of sources of law, basic legal concepts, methods and ways of development. In the narrow sense, it is a national legal system.</em></p> 2025-09-15T00:00:00+02:00 Copyright (c) 2025 Irpin legal chronicles https://ojs.dpu.edu.ua/index.php/irplegchr/article/view/367 BASIC PRINCIPLES OF LAWMAKING: FOREIGN EXPERIENCE AND PROSPECTS FOR IMPLEMENTATION IN UKRAINE 2025-09-15T08:45:42+02:00 O. М. Bodunova n.a.luhina@dpu.edu.ua <p><em>The article examines the foreign experience of lawmaking and progressive practices of its use. It is noted that in today's conditions, improvement of the law-making mechanism in Ukraine is important for ensuring the quality and effectiveness of legislation. Thus, in times of war, improvement of legislation is critical for adapting the legal system to new realities and ensuring the effective functioning of the State. Military conflicts require a rapid response to threats, which requires amendments to laws aimed at strengthening defence capabilities, regulating the activities of law enforcement agencies and ensuring public safety.</em></p> <p><em>In this context, the adoption of international experience in lawmaking is key for Ukraine. It helps to improve the quality of legislation, harmonise regulations with international standards, strengthen the rule of law and improve the investment climate. For example, the adoption of international experience in lawmaking allows Ukraine to harmonise its legislation with EU norms, improve the efficiency of rulemaking, strengthen the rule of law and legal certainty, promote digitalisation of public administration, and increase transparency and public participation. Ukraine is already implementing international best practices, but the main challenge remains their effective application in the national context.</em></p> <p><em>Based on the analysis of foreign experience, the article formulates approaches to improvin</em><em>g lawmaking:</em></p> <ol> <li><em> Introduction of digital rulemaking tools (use of legislative analysis algorithms to avoid contradictions and duplication of norms, use of artificial intelligence and big data to assess the impact of legislative initiatives).</em></li> <li><em> Material and formal criteria for assessing draft laws (content analysis (material criterion) to verify that legislative initiatives meet the needs of society, assessment of structure, terminology, legal technique (formal criterion) to ensure clarity and unambiguity).</em></li> <li><em> Effective forecasting of the consequences of legal acts (SOLON helps to avoid mistakes at the planning stage, which reduces the risks of ineffective laws, the use of expert forecasting models that take into account economic, social and legal consequences).</em></li> <li><em> Simplification of the rulemaking process (use of automated legislative editors (analogues of Lexidit, Lexeditor IRI_AI), creation of a single electronic platform for draft laws, which will ensure transparency and quality control.</em></li> </ol> <p><em>5.&nbsp;&nbsp; Participation of experts from various fields (tools like SOLON help to involve specialists without legal education, which makes draft laws more comprehensive, use of interactive consultations with the public and academics).</em></p> 2025-09-15T00:00:00+02:00 Copyright (c) 2025 Irpin legal chronicles https://ojs.dpu.edu.ua/index.php/irplegchr/article/view/366 A CONSTITUTIONAL COMPLAINT SUBJECT AND CONSEQUENCES OF ITS SATISFACTION IN UKRAINE AND POLAND: THE COMPARATIVE LEGAL ANALYSIS 2025-09-15T08:39:02+02:00 O. V. Kunovskyi n.a.luhina@dpu.edu.ua <p><em>There are a range of problems which indicate a necessity to change an approach to a legal regulation of some components of a constitutional complaint institution in Ukraine. In this regard, it is necessary to determine the main approaches to the constitutional complaint institution reform, taking into account a positive experience of the Republic of Poland as this country has the rather broad subject of constitutional complaint and has settled the retroactive effect of its Constitutional Tribunal decisions.</em></p> <p><em>The purpose of the study is to determine the types of legal acts that may be the subject of constitutional complaints in Ukraine and Poland, as well as the features of the restoration of complainants’ rights after constitutional review. The main methods used by the author are deduction, analogy, dogmatic and comparative law methods.</em></p> <p><em>We have analyzed the Constitutional Tribunal practice and the relevant legislation of Polan and established many differences between the Polish and Ukrainian approaches to the implementation of the normative model of constitutional complaint.</em></p> <p><em>We agreed with the statement that Ukraine should amend her procedural codes (administrative, commercial and civil) in order to exclude the condition that the decision of a court of general jurisdiction must not be executed in order to resume the court proceeding on the basis of a Constitutional Court decision. In addition, we believe that Ukraine needs to enshrine at the legislative level the provision on the retroactivity of the Constitutional Court decisions, expand the subject of a constitutional complaint at least to the list specified in paragraph 1 of Article 150 of the Constitution of Ukraine. Hereafter, taking into account the experience of Poland, it is necessary to consider the supplementing the subject of a constitutional complaint with acts of local government bodies if they have been applied by a court in the relevant dispute and violate constitutional rights of the complainant.</em></p> 2025-09-15T00:00:00+02:00 Copyright (c) 2025 Irpin legal chronicles https://ojs.dpu.edu.ua/index.php/irplegchr/article/view/365 THE RIGHT TO PEACE: CONTEMPORARY UNDERSTANDING AND NEW CHALLENGES 2025-09-15T08:32:31+02:00 N. A. Serdiuk n.a.luhina@dpu.edu.ua <p><em>In a rapidly changing modern world, the concept of the </em><em>«</em><em>right to peace</em><em>»</em><em> is taking on new significance, evolving in response to global challenges such as climate change, cybersecurity, and pandemics. The changing nature of conflicts, globalization, and the growing role of non-state actors necessitate a rethinking of traditional approaches to peacebuilding. An analysis of the evolving interpretation of the right to peace is crucial for understanding contemporary trends in international relations.</em></p> <p><em>The purpose of this study is to assess the adaptation of international law to new forms of conflict and challenges in the context of ensuring the right to peace, to analyze the legal aspects of russian aggression, including violations of international humanitarian law and international human rights law, and to evaluate the reaction of the international community from the perspective of international law.</em></p> <p><em>The study employs a comprehensive approach that includes the analysis of international legal norms, international court decisions, documents of international organizations, and scholarly works. Methods of systems analysis, comparative law, and an interdisciplinary approach that integrates knowledge from law, political science, economics, and sociology are applied.</em></p> <p><em>The study revealed that the concept of the </em><em>«</em><em>right to peace</em><em>»</em><em> has evolved, encompassing not only the absence of armed conflict, but also the absence of violence in any form, the creation of conditions for sustainable development, and the protection of human rights. The individualization of the right to peace reflects a growing understanding that peace is the right of every person. International human rights law and international humanitarian law complement each other, creating a comprehensive system for the protection of human life and dignity.</em></p> <p><em>International law, as a system, is constantly adapting to new forms of conflict and challenges. To effectively ensure the right to peace, a comprehensive approach is necessary, including international legal mechanisms, economic, social, and political measures. Non-state actors such as civil society, international organizations, and businesses play an important role. It is necessary to improve the concept of the «right to peace», develop peacebuilding tools, and strengthen the role of non-state actors. Key factors include conflict detection and prevention.</em></p> 2025-09-15T00:00:00+02:00 Copyright (c) 2025 Irpin legal chronicles https://ojs.dpu.edu.ua/index.php/irplegchr/article/view/357 CLASSIFICATION AND TYPOLOGY OF CYBERCRIMES IN THE BANKING SECTOR 2025-09-14T19:23:10+02:00 V. О. Borysenko n.a.luhina@dpu.edu.ua <p><em>The development of digital technologies has significantly changed the banking sector, opening up new opportunities not only for banking operations, but also for cybercrimes. The rapid process of informatization in Ukraine carries with it the potential for the use of computer technologies with the benefit of the criminal.</em></p> <p><em>The purpose of the article is to study scientific approaches to the classification and typology of cybercrimes in the banking sector.</em></p> <p><em>During the study, general and special scientific research methods were applied. The structural-functional method allowed us to identify cybercrimes as a special category of crime and to study the existing classifications and typologies of cybercrimes, and the methods of analysis, synthesis, induction, deduction, and analogy were used to form conclusions and proposals.</em></p> <p><em>The article examines the approaches of scientists to the definition of cybercrimes and their varieties. Existing classifications of cybercrimes are considered.</em></p> <p><em>The author proposes his own vision of the definition of cybercrimes, which is formulated taking into account the points of view of scientists. Also, attention is focused on the feasibility of classifying cybercrimes according to a number of criteria: depending on the object of the attack; by means and methods of commission; by methods of interference in the data transmission process; depending on the importance of the information system in the mechanism of implementation of criminally unlawful activities.</em></p> <p><em>It is concluded that taking into account the rapid development of technologies, new forms and methods of committing crimes in cyberspace, the spread of crimes in the banking sector, cybercrimes are one of the most dangerous types of criminal offenses that pose a threat to international and national security in cyberspace and require further research.</em></p> 2025-09-15T00:00:00+02:00 Copyright (c) 2025 Irpin legal chronicles https://ojs.dpu.edu.ua/index.php/irplegchr/article/view/356 MODERN METHODS OF PREVENTING CRIME IN THE SPHERE OF ECONOMIC ACTIVITY 2025-09-14T19:16:33+02:00 A. І. n.a.luhina@dpu.edu.ua <p><em>The article is devoted to the analysis of modern methods of preventing crime in the sphere of economic activity, in particular those used to combat economic crimes. The author examines the main problems associated with criminal activity in the field of business and offers comprehensive approaches to their solution. Particular attention is paid to such types of offenses as fraud, tax evasion, corruption, as well as the illegal use of corporate resources and money laundering. It is noted that effective prevention of crime in the economic sphere requires not only strengthening criminal punishment, but also the introduction of modern preventive technologies, such as internal audit systems, electronic monitoring of financial flows, as well as the active use of automated information systems to detect and block illegal transactions. The article substantiates the need for interagency cooperation between law enforcement agencies, tax services and commercial structures to effectively combat economic crime. The author also analyzes the role of international standards in preventing offenses in the field of economic activity and notes the importance of introducing the latest technologies into the processes of detecting and investigating financial criminal offenses. Particular attention is paid to the issues of improving the regulatory framework governing economic activity and increasing the effectiveness of law enforcement in the context of the economic security of the state. The proposed ways to improve the prevention system include the development of forensic examination, improving the procedures for internal audits of enterprises and strengthening control over financial transactions through the use of big data analysis technologies. Thus, preventing crime in the field of economic activity is an important element of ensuring economic stability and development of the country. The proposed methods will contribute to reducing the level of criminal activity, in particular in the business environment, and increase the effectiveness of the fight against economic offenses at the national and international levels.</em></p> 2025-09-15T00:00:00+02:00 Copyright (c) 2025 Irpin legal chronicles https://ojs.dpu.edu.ua/index.php/irplegchr/article/view/355 CRIMINAL LEGAL RESPONSIBILITY FOR ECOCIDE: NATIONAL AND INTERNATIONAL DIMENSION 2025-09-14T19:10:11+02:00 Yu. V. Nikitin n.a.luhina@dpu.edu.ua D. Yu. Nikitin n.a.luhina@dpu.edu.ua <p><em>The article is devoted to the study of the peculiarities of the origin of the problem of protecting individual natural objects and animals both during and in Kievan Rus' and in subsequent centuries (XI – IX centuries). It is noted that in modern legal doctrine the term ecocide (from the Greek " olkoc " – house and Latin "caedo" – I kill) means the destruction of a house, dwelling, animal or plant life, poisoning of the atmosphere or water resources, as well as the commission of other actions that can cause an ecological disaster. It is stated that in international law the definition of ecocide includes facts of a negative targeted impact on the natural environment (biosphere, lithosphere, hydrosphere and the Earth's atmosphere) in order to change its dynamics, composition or structure, impact on (or through) outer space, which can lead or has led to the mass destruction of the filling of the Earth's spheres, or other serious consequences, including during hostilities. The concepts of "ecocide" and "biocide" are distinguished. The authors draw attention to the signs of ecocide and the corresponding actions that contribute to it, dividing them into certain criteria. The criminal actions of the Russian Federation regarding ecocide are analyzed, starting from 2014 to the present. A criminal-legal characteristic of Art. 441 of the Criminal Code of Ukraine is given. A conclusion is drawn on the need for criminal liability for ecocide offenses and its implementation in international legal documents , otherwise it will significantly affect the fundamental basis of a healthy future human existence – the environment.</em></p> 2025-09-15T00:00:00+02:00 Copyright (c) 2025 Irpin legal chronicles https://ojs.dpu.edu.ua/index.php/irplegchr/article/view/354 THE PROBLEM OF BLOGGERS' LEGAL LIABILITY 2025-09-14T18:57:47+02:00 O. V. Sirenko n.a.luhina@dpu.edu.ua Y. О. Bilinska n.a.luhina@dpu.edu.ua Y. О. Dobrovolska n.a.luhina@dpu.edu.ua <p><em>The article is devoted to a comprehensive clarification of the problems of legal liability of bloggers in the modern information space. The study provides for an analysis of the current regulatory framework of Ukraine and certain foreign countries regarding the regulation of blogging activities and mechanisms for holding bloggers legally liable.</em></p> <p><em>Special attention is paid to identifying existing gaps and conflicts in the legal field that create difficulties in the practical sphere. Based on the results of the analysis, the article aims to propose specific ways to improve the legal regulation of blogging activities, which will ensure a balance between freedom of speech, citizens' rights and the need for legal liability for violations of the law in the media space.</em></p> <p><em>The modern development of digital technologies has led to the active spread of blogging as a phenomenon that significantly affects society. Along with the growth of bloggers' popularity, the question of their legal liability for the content they create and distribute arises. The article examines the main legal aspects of bloggers' liability for defamation, incitement to hatred, copyright infringement, and dissemination of false information. The current legislation of Ukraine and international experience in the field of regulating bloggers' activities are analyzed. Key problems of law enforcement are identified, in particular, the lack of a clear legal definition of "blogger" and the difficulties in proving guilt.</em></p> <p><em>In order to improve the situation, it is proposed to develop a clear legal definition of "blogger", which will allow legal authorities to more effectively hold accountable persons who disseminate information through Internet platforms. In addition, it is important to improve existing legal norms on liability for the dissemination of false information, defamation, and hate speech, as well as to create mechanisms for regulating the activities of bloggers on international platforms. All these measures will help to ensure the proper balance between freedom of speech and the need for legal liability for violations of the law in the media space.</em></p> 2025-09-15T00:00:00+02:00 Copyright (c) 2025 Irpin legal chronicles https://ojs.dpu.edu.ua/index.php/irplegchr/article/view/353 CRIMINAL CHARACTERISTICS AND PREVENTION OF ABUSE OF STATE BUDGET FUNDS AND THEIR UNINTENDED USE 2025-09-14T18:48:16+02:00 N. A. Sperkach n.a.luhina@dpu.edu.ua S. M. Mykhalevych n.a.luhina@dpu.edu.ua <p><em>The article is aimed at studying the essence of the concept of "misappropriation of state funds", analyzing criminal law norms that regulate liability for embezzlement, misuse and other forms of illegal appropriation of budget resources, as well as identifying areas for improving criminal law norms in order to strengthen the fight against criminal offenses in the field of using state funds.</em></p> <p><em>The criminalization of such an act is primarily due to an acute socio-political problem that has become particularly widespread after the start of the full-scale invasion of the Russian Federation into Ukraine. Such acts experienced a particular wave of negativity and indignation when facts of illegal appropriation of humanitarian aid in significant amounts and its use for purposes other than its intended purpose and for the purpose of profit began to be revealed.</em></p> <p><em>In conditions of martial law, the problem of misuse of state budget funds and their misuse acquires special cynicism and audacity. It is important not only to punish the guilty, but also to create a system to prevent such abuse in the future.</em></p> <p><em>In this regard, the issue of criminal law analysis of criminal offenses in the fiscal sphere related to the abuse of state budget funds is becoming particularly relevant. It is necessary to study the existing problems of legal regulation in this area, identify the most common schemes and mechanisms for committing such criminal offenses, and develop effective mechanisms for preventing and combating these abuses.</em></p> <p><em>This article is devoted to this issue, in which a criminal law analysis of the abuse of state budget funds in Ukraine will be carried out, the legal aspects of fiscal policy will be studied, their impact on economic security, stability and development of the country will be examined, and the effectiveness of current criminal legislation in the field of prevention and punishment for these criminal offenses will be assessed. We emphasize the need for a comprehensive approach to solving this problem strengthening control over the use of budget funds, increasing the professionalism of civil servants, involving the public in control, and international cooperation.</em></p> 2025-09-15T00:00:00+02:00 Copyright (c) 2025 Irpin legal chronicles https://ojs.dpu.edu.ua/index.php/irplegchr/article/view/364 ECONOMIC AND LEGAL REGULATION OF THE LIABILITY OF ENTREPRENEURS FOR VIOLATIONS OF CONSUMER RIGHTS 2025-09-15T08:16:39+02:00 O. I. Bodnarchuk n.a.luhina@dpu.edu.ua A. R. Tatarenko n.a.luhina@dpu.edu.ua Yu. V. Korzhovnyk n.a.luhina@dpu.edu.ua <p><em>The article considers the economic and legal regulation of the liability of entrepreneurs for violations of consumer rights in Ukraine and in the world. The essence of economic and legal liability is determined and analyzed through its main features and functions that ensure the effectiveness of legal regulation of this area. It is found that one of the main features of economic and legal liability is: legal basis and factual basis, which is determined by specific circumstances that prove the fact of the offense. It is established that economic and legal liability has a clearly defined mechanism of influence, which allows eliminating the consequences of the violation and restoring balance in relations between participants in economic relations. The forms of economic and legal sanctions for violations of consumer rights in Ukraine are indicated, which are regulated by the Economic Code and other legislative acts, in particular: compensation for losses, fines, operational and economic sanctions, administrative and economic sanctions. The economic and legal regulation of the liability of entrepreneurs for violations of consumer rights in Ukraine and in the world is studied. The problems that complicate the effective functioning of the consumer rights protection system both in Ukraine and around the world are identified. Problems with the protection of consumer rights in the world are revealed. It is concluded that the economic and legal regulation of the liability of entrepreneurs for violations of consumer rights is of great importance in Ukraine and in the world, however, there are significant problems that complicate the effective functioning of this system. For further development, it is necessary to work on improving national and international norms, creating effective mechanisms of control and protection, as well as increasing legal education among consumers and entrepreneurs.</em></p> 2025-09-15T00:00:00+02:00 Copyright (c) 2025 Irpin legal chronicles https://ojs.dpu.edu.ua/index.php/irplegchr/article/view/363 RIGHTS AND INTERESTS OF ONE OF THE PARENTS LIVING SEPARATELY FROM THE CHILD AS A SUBJECT OF PROTECTION IN CIVIL PROCEEDINGS 2025-09-15T08:08:39+02:00 V. I. Kostyuk n.a.luhina@dpu.edu.ua <p><em>The article is devoted to the analysis of the rights and obligations of a father or mother living separately from a child as a subject of protection in civil proceedings. Referring to the regulatory legal acts, namely the Family Code of Ukraine and the Law of Ukraine ‘On Protection of Childhood’, the author lists the subjective non-property rights and obligations of parents living separately and parents in general. A superficial analysis of problematic issues in cases related to the protection of the rights and interests of one of the parents living separately from the child is made. In addition, when studying the subject matter of cases involving the removal of obstacles to communication and upbringing of a child, determination of the manner of a parent's participation in communication with and upbringing of a child, the author provides examples of violation of the rights and interests of a parent living separately from a child from case law. The author takes into account cases that are not limited to the adoption of a court decision of the first instance and, given the competitiveness of the parties in this matter, end with the adoption of resolutions of the Supreme Court of Ukraine. </em></p> <p><em>The author identifies the most common list of rights for the protection of which parents apply to court, namely, removal of obstacles to communication and upbringing of a child, exercise of the right to contact with a child and receipt of information about the child's health status. Accordingly, the right to protect the interests of a parent living separately from the child is exercised. In addition, I would like to note that the removal of obstacles to communication and upbringing of the child caused by the parent living with the child is the most common claim in the relevant court cases. Another common factor is a conflict between parents, which additionally affects the exercise of parental rights and interests. </em></p> <p><em>Analysing the legal literature, it is noted that the personal non-property rights of parents and children are universal and are exercised exclusively in the interests of the child.</em></p> 2025-09-15T00:00:00+02:00 Copyright (c) 2025 Irpin legal chronicles https://ojs.dpu.edu.ua/index.php/irplegchr/article/view/362 FISCAL POLICY OF THE STATE AS A TOOL FOR INFLUENCING SOCIAL PROTECTION OF THE POPULATION 2025-09-14T20:14:07+02:00 N. V. Lagovska n.a.luhina@dpu.edu.ua A. Yu. Romanenkova n.a.luhina@dpu.edu.ua <p><em>The article is devoted to analyzing the current state of fiscal policy in Ukraine as a tool for social protection of the population under martial law. The author examines the impact of socio-economic difficulties and Russia’s full-scale invasion on the effectiveness of the state’s social policy. The article analyzes the main mechanisms of social protection, such as social assistance, social guarantees, and social insurance, and their adequacy in addressing modern challenges.</em></p> <p><em>The study reveals disparities in the allocation of budgetary funds, where military needs are prioritized, negatively affecting the social sector. Issues such as the inefficiency of the benefit provision mechanism, the inadequacy of social payments in meeting the real needs of the population, and shortcomings in the social insurance system are analyzed.</em></p> <p><em>The author emphasizes the need for comprehensive reform of the social protection system, particularly: transitioning from a categorical principle of benefit provision to a targeted approach that considers citizens' actual financial status; optimizing the distribution of budgetary resources for social programs; ensuring transparent oversight of fund utilization; and involving public organizations and experts in the development of social programs.</em></p> <p><em>The article concludes that government expenditures on the social sector are a key element in ensuring citizens’ constitutional rights to social protection. These expenditures, aimed at supporting the disabled, pensioners, veterans, families, children, youth, the unemployed, and addressing housing issues, reflect the state’s social responsibility.</em></p> <p><em>However, the effectiveness of social protection depends not only on the volume of funding but also on the efficiency of resource allocation. A lack of financial resources, especially amid economic and political challenges, complicates the fulfillment of the state’s social obligations. Therefore, reforming the social protection system, including the involvement of non-governmental institutions and the development of a clear social policy concept, is necessary to ensure social justice and stability in society.</em></p> 2025-09-15T00:00:00+02:00 Copyright (c) 2025 Irpin legal chronicles https://ojs.dpu.edu.ua/index.php/irplegchr/article/view/361 CURRENT ISSUES OF CONSUMER RIGHTS PROTECTION IN THE SPHERE OF CONSUMER CREDIT DURING THE PERIOD OF MARTIAL STATE 2025-09-14T19:58:14+02:00 L. D. Meniv n.a.luhina@dpu.edu.ua А. O. Kucherenko n.a.luhina@dpu.edu.ua <p><em>The article examines pressing issues related to the legal protection of consumer rights in the field of consumer lending under martial law in Ukraine. The study analyzes the main changes in the legal regulation of credit relations caused by the full-scale armed aggression, including the introduction of moratoriums, credit holidays, restructuring mechanisms, and restrictions on foreclosure of residential property. Particular attention is paid to practical problems in exercising borrowers’ rights, such as abuses by financial institutions, legal uncertainty, and limited access to judicial protection. The article emphasizes the evolving case law in disputes between consumers and financial institutions and the development of new approaches to balancing the interests of both parties during crisis conditions. The study proposes directions for improving legislation and legal practice in consumer lending, taking into account the social vulnerability of borrowers and the need for legal certainty.</em></p> <p><em>The protection of consumer rights in the sphere of consumer lending during martial law requires special attention from the state. The updating of legislation demonstrates the importance and complexity of ensuring the proper level of consumer rights protection in the studied area. The issue of implementing consumer rights in the sphere of lending during wartime requires a comprehensive approach: from improving legislation to activating the role of the state in the sphere of human rights protection.</em></p> <p><em>Judicial practice in the sphere of consumer lending during martial law is formed in a dynamic context and is the result of finding a balance between the norms of law and life circumstances. Its further improvement is a necessary condition for the stability of the banking system, fair protection of consumers and strengthening the rule of law</em></p> <p><em>It is emphasized that the protection of consumer rights in the sphere of consumer lending during martial law requires special attention from the state. The introduction of martial law has created new challenges for creditors and consumers. The updating of legislation demonstrates the importance and complexity of ensuring an adequate level of consumer rights protection in the area under study. The issue of implementing consumer rights in the sphere of lending during wartime requires a comprehensive approach: from improving legislation to enhancing the role of the state in the human rights protection sphere. Judicial practice in the sphere of consumer lending during martial law is formed in a dynamic context and is the result of finding a balance between the norms of law and life circumstances. Its further improvement is a necessary condition for the stability of the banking system, fair protection of consumers and strengthening the rule of law.</em></p> 2025-09-15T00:00:00+02:00 Copyright (c) 2025 Irpin legal chronicles https://ojs.dpu.edu.ua/index.php/irplegchr/article/view/360 EXERCISING THE RIGHT TO A DOMAIN NAME: CERTAIN PROBLEMATIC ISSUES 2025-09-14T19:50:39+02:00 Y. Y. Riabchenko n.a.luhina@dpu.edu.ua <p><em>It was determined that the issues of implementing the right to a domain name concern: clarification of the legislative definition of a domain name, improvement of the legal procedure for implementing the specified right; issues of the judicial procedure for considering disputes arising in connection with the implementation of the right to a domain name.</em></p> <p><em>The article is devoted to highlighting individual problematic issues of implementing the right to a domain name, developing proposals for improving the current legislation.</em></p> <p><em>The works on the general issues of implementing and protecting intellectual property rights, including trademark rights, are analyzed, in particular the works of such scientists as: G. O. Androschuk, A. O. Kodinets, O. V. Kokhanovskaya, N. M. Myronenko, O.&nbsp;P. Orlyuk, <br>O. D. Svyatotsky, E. O. Kharytonov, O. R. Shyshka and some others. The works on the direct issues of domain names are studied: O. M. Andrusenko, N. M. Bulat, O.&nbsp;M. Voloshchenko, V. I. Hrytsay, O. M. Korshakova, O. M. Skazko.</em></p> <p><em>It is substantiated that one of the problematic issues in the above cases is the study of evidence, in particular the expert's opinion on individual issues of domain name use. Emphasis is placed on improving the legal status of the Supreme Court on intellectual property issues. Attention is paid to the issue of distinguishing the concepts of "website", "domain name", "trademark".</em></p> <p><em>Current measures to address this issue can be systematized into: organizational (creation of additional registers and databases, expanding the possibilities of using alternative dispute resolution methods), factual (ensuring the work of the Supreme Court on intellectual property issues), legislative (clarifying the legislative definition of a domain name, regulating the legal status of the domain name registry) and some others. Among them, it is worth identifying the priority of ensuring the work of the Supreme Court on intellectual property issues, as well as expanding the possibilities of using alternative dispute resolution methods.</em></p> 2025-09-15T00:00:00+02:00 Copyright (c) 2025 Irpin legal chronicles https://ojs.dpu.edu.ua/index.php/irplegchr/article/view/359 LEGAL GROUNDS FOR THE IMPLEMENTATION OF THE RIGHT TO INHERIT DURING MARTIAL LAW 2025-09-14T19:42:11+02:00 N. B. Novytska n.a.luhina@dpu.edu.ua A. M. Novytsky n.a.luhina@dpu.edu.ua N. M. Saletska n.a.luhina@dpu.edu.ua <p><em>In the conditions of martial law in Ukraine, the implementation of inheritance rights faces numerous legal and practical challenges. The loss of important documents, difficult access to notarial services and the threat of abuse by third parties are the main problems faced by heirs. This leads to the emergence of legal conflicts that require an urgent and effective solution.</em></p> <p><em>The purpose of this article is an in-depth analysis of the legal grounds for exercising the right to inheritance under martial law. The author sets the task of identifying the main problems that arise during inheritance and developing recommendations for improving human rights mechanisms in this area. To achieve the goal, methods of system analysis and comparative law are used. The current Ukrainian legislation, the practice of notaries and scientific publications are studied, which allows to determine possible ways of solving the identified problems.</em></p> <p><em>The results of the study show that there is an urgent need to adapt inheritance legislation to the conditions of martial law. It was found that heirs often face serious difficulties due to the ineffectiveness of legal mechanisms that do not take into account the specifics of the situation. It is also important to note that it is necessary to significantly improve access to notary services in crisis conditions, in particular through the simplification of procedures and the development of new technologies.</em></p> <p><em>In particular, the problem of loss of documents confirming inheritance rights due to damage or destruction of property as a result of military operations is important. In such cases, it is necessary to introduce mechanisms for restoring documents without the need for the personal presence of the heirs, which will reduce the burden on notaries and courts. In addition, the system of remote notary services should be improved so that the heirs have the opportunity to receive the necessary assistance without leaving the combat zone.</em></p> <p><em>The conclusions emphasize that the issue of the implementation of inheritance rights during martial law requires an urgent solution. The author proposes to introduce special procedures for inheritance that meet the conditions of wartime. Among such measures are the improvement of the mechanisms for the protection of the rights of heirs, the development of legislative initiatives that take into account the specifics of the work of notaries during the war, as well as the implementation of new technologies for registration of inheritance rights. Further research should focus on the implementation of electronic technologies, remote notary services and the development of legislation that will ensure the protection of the rights of heirs in crisis situations.</em></p> 2025-09-15T00:00:00+02:00 Copyright (c) 2025 Irpin legal chronicles https://ojs.dpu.edu.ua/index.php/irplegchr/article/view/358 PECULIARITIES OF CONSIDERING CASES RELATED TO THE EXERCISE OF THE RIGHT TO DEFERMENT FROM MOBILIZATION 2025-09-14T19:31:26+02:00 L. О. Samilyk n.a.luhina@dpu.edu.ua B. І. Palanska n.a.luhina@dpu.edu.ua <p><em>This scientific article establishes that legal facts are key elements of legal regulation, since they determine the moment of emergence, change or termination of legal relations.</em></p> <p><em>The legal features of establishing legally significant facts that are the basis for citizens to exercise the right to deferment were considered. In particular, an analysis was conducted of such legal grounds as the fact of independent upbringing of a child by one of the parents, deprivation of parental rights, adoption, guardianship of incapacitated persons as circumstances granting the right to exemption from military service.</em></p> <p><em>Special attention was paid to the issue of abuse of the specified legal mechanisms and manipulation of family and legal statuses in order to obtain a deferment. In this context, judicial practice and regulatory regulation of relevant issues were studied, as well as an analysis of the decisions of the Supreme Court on the methods of establishing legal facts in cases related to mobilization and the position of the courts in this category of cases.</em></p> <p><em>The emphasis is on the need to improve the legislative regulation of the mechanisms for establishing legally significant facts to prevent corruption risks and protect the best interests of the child and other vulnerable categories of the population.</em></p> <p><em>The need to ensure effective control over changes in the family status of persons applying for a deferral is indicated, as well as the importance of maintaining a balance between the rights of citizens (private interests) and the interests of the state (public interests).</em></p> <p><em>Possible ways to improve legislative mechanisms are proposed, in particular, strengthening control over the procedures for adoption and establishing guardianship under martial law.</em></p> 2025-09-15T00:00:00+02:00 Copyright (c) 2025 Irpin legal chronicles https://ojs.dpu.edu.ua/index.php/irplegchr/article/view/346 THE PEACE OF WESTPHALIA OF 1948 AND ITS INFLUENCE ON THE FORMATION OF MODERN INTERNATIONAL LAW 2025-09-14T12:36:36+02:00 K. S. Lisova n.a.luhina@dpu.edu.ua <p><em>The article examines the Peace of Westphalia of 1648 as a key event in the history of international law. Its main provisions and their impact on the formation of the modern system of international relations are analyzed. The relevance of the Westphalian principles in the modern world and their significance for international law are determined. The evolution of the principle of sovereignty, its transformation in the 20th–21st centuries, as well as the impact of the Peace of Westphalia on the development of international organizations and the law of peace treaties are highlighted. Special attention is paid to the role of the Westphalian system in the formation of the basic principles of international law, such as the equality of states, the inviolability of borders, and non-interference in the internal affairs of other countries. Modern challenges to the Westphalian model of international relations in connection with globalization, the growing influence of supranational structures, and the need for international cooperation in solving global problems are also investigated. The work is based on the analysis of historical documents, scientific research, and modern publications, which allows us to conclude about the significance of the Peace of Westphalia in the context of the development of international law and its relevance in modern conditions.</em></p> 2025-09-15T00:00:00+02:00 Copyright (c) 2025 Irpin legal chronicles https://ojs.dpu.edu.ua/index.php/irplegchr/article/view/345 CURRENT TRENDS IN SURROGACY THROUGH THE PRISM OF DECISIONS OF THE EUROPEAN COURT OF HUMAN RIGHTS 2025-09-14T12:30:45+02:00 V. I. Bak n.a.luhina@dpu.edu.ua M. S. Medvedeva n.a.luhina@dpu.edu.ua <p><em>The article examines the legal aspects of the realization of individuals' reproductive rights, which relate to the ability to exercise control over one's own reproductive health, in particular, to make decisions regarding fertilization, pregnancy, medical procedures related to reproduction, and ensuring access to such medical services.</em> <em>This branch of law is considered to be the newest generation of human rights, as it emerged as a result of the large-scale development of humanity at the beginning of the twentieth century.</em> <em>Based on the analysis of ECHR decisions and Ukrainian legislation, current trends in surrogacy are identified. It is determined that surrogacy, as a form of reproductive assistance, is attracting increasing attention at the international level.</em></p> <p><em>Artificial insemination or in vitro fertilization (IVF) is a method that helps overcome infertility by fertilizing an egg outside a woman's body, followed by implantation of the embryo into the uterus. Legislation in some countries regulates this process, for example by requiring appropriate medical indications or by setting limits on the number of embryos that can be implanted.</em></p> <p><em>Currently, the main issues that arise in the international community regarding surrogacy are as follows:</em></p> <p><em>– defining the boundaries between the right to autonomy and the right to protection of life;</em></p> <p><em>– the influence of religious and cultural norms on legislative and medical practices;</em></p> <p><em>– the right of every person to access medical services related to reproduction without </em><em>discrimination.</em></p> <p><em>Reproductive rights in most civilized countries are actively regulated by laws aimed at protecting the health and rights of women and men, ensuring equal access to medical services.</em></p> <p><em>In Ukraine, surrogacy is regulated by law, in particular the Family Code of Ukraine and other regulatory legal acts. However, the issue of surrogacy remains controversial and has many ethical, legal and social aspects.</em></p> 2025-09-15T00:00:00+02:00 Copyright (c) 2025 Irpin legal chronicles https://ojs.dpu.edu.ua/index.php/irplegchr/article/view/344 PROBATION SUPERVISION IN THE CRIMINAL LAW OF UKRAINE AND FOREIGN COUNTRIES: COMPARATIVE LEGAL ASPECT 2025-09-14T12:23:40+02:00 Y. F. Fokin n.a.luhina@dpu.edu.ua <p><em>The article examines the institution of probation supervision as an important component of modern criminal law policy, which is focused on the humanization of punishments and the resocialization of offenders without isolation from society. Particular attention is paid to the analysis of changes in the legislation of Ukraine after the introduction of probation supervision as an independent type of punishment in 2024. The author outlines the prerequisites, purpose and mechanisms of functioning of probation supervision, focusing on its legal, social and economic advantages.</em></p> <p><em>As part of the comparative legal analysis, the experience of European countries – in particular, Great Britain, the Netherlands and Norway – in the field of probation is considered. The features of the organization of probation services, regulatory and legal principles, practices of rehabilitation of offenders and the use of alternative punishments are analyzed. The role of probation supervision as a tool for preventing recidivism, strengthening community safety and integrating international standards into national models of justice is separately highlighted.</em></p> <p><em>The results of the study allowed us to identify the main problems and gaps in the national regulation of probation supervision, as well as to outline the directions for improving Ukrainian legislation, taking into account effective foreign practices. The article is relevant in view of the transformation of criminal law in Ukraine and the growing role of human rights in the field of criminal punishment, and contributes to the formation of new approaches to probation policy based on the principles of humanity, individualization and justice.</em></p> 2025-09-15T00:00:00+02:00 Copyright (c) 2025 Irpin legal chronicles https://ojs.dpu.edu.ua/index.php/irplegchr/article/view/343 INTERNATIONAL COOPERATION IN THE INVESTIGATION OF WAR CRIMES OFFENCES 2025-09-14T12:16:17+02:00 O. V. Chernetska n.a.luhina@dpu.edu.ua <p><em>The article examines the peculiarities of international cooperation of law enforcement agencies in the investigation of war criminal offences. It is noted that the study of international cooperation in the investigation of war criminal offences is extremely relevant in modern conditions, in particular in the context of a full-scale war on the territory of Ukraine. Effective investigation of such criminal offences requires close cooperation between state authorities, international institutions and civil society.</em></p> <p><em>It is proved that cooperation of states in the investigation of war crimes is a key element of ensuring justice and punishment of perpetrators. It includes the exchange of information, creation of joint investigative teams, extradition of suspects and other forms of cooperation. Through such cooperation, the international community can effectively respond to serious violations of international law.</em></p> <p><em>It is concluded that the creation of joint investigative teams allows combining the resources and expertise of different countries for the effective investigation of war crimes. For example, in March 2022, Ukraine, Lithuania and Poland formed a joint investigation team to investigate crimes of aggression and war crimes committed by the Russian Federation. Later, Estonia, Latvia and Slovakia joined the group. This group became one of the largest in the history of Eurojust. </em></p> <p><em>It is determined that the investigation of war crimes is a complex and resource-intensive process that requires close cooperation between states. Foreign countries provide Ukraine with various types of assistance in this area, including legal expertise, technical support and participation in joint investigation teams.</em></p> <p><em>The article highlights the main areas of foreign assistance in the investigation of criminal offences:</em></p> <ol> <li><em> Legal and technical support. International partners, including the European Union, provide Ukraine with legal expertise and technical assistance for the effective investigation of war crimes. This includes staff training, exchange of experience and provision of necessary resources.</em></li> <li><em> Financial support. Funding from external assistance, in particular from the United States of America, is essential to provide resources for war crimes investigations. However, the freezing of such funding could have a negative impact on the ability to conduct investigations.</em></li> <li><em> Participation in international investigative teams. The creation of joint investigative teams involving representatives of different countries allows for the pooling of resources and expertise for effective investigations. For example, Ukraine, Lithuania and Poland have established a joint investigation team to investigate crimes of aggression and war crimes committed by the Russian Federation. </em></li> </ol> <p><em>4. Cooperation with international organisations. Interpol provides Ukraine with access to its tools for investigating war crimes, which facilitates effective information exchange and coordination between law enforcement agencies of different countries.</em></p> 2025-09-15T00:00:00+02:00 Copyright (c) 2025 Irpin legal chronicles