Expert: paradigm of law and public administration

DISTRIBUTION OF POWERS BETWEEN EXECUTIVE AUTHORITIES AND LOCAL SELF-GOVERNMENT BODIES IN THE POST-WAR PERIOD: THEORETICAL AND PRACTICAL ASPECTS

2025-10-14T09:17:33+03:00

This article examines the theoretical and practical aspects of power distribution between executive authorities and local self-government bodies in the context of Ukraine’s post-war recovery. The study analyzes the legal framework regulating the interaction between different levels of government, including the Constitution of Ukraine, laws on local self-government, martial law provisions, and executive power regulations. It identifies key challenges facing governance institutions in the post-conflict period, encompassing legal conflicts, financial constraints, and administrative barriers. The research explores international experiences of decentralization and post-war reconstruction (drawing on examples from Germany, Japan, and Balkan countries) and their potential adaptation to Ukrainian realities. The article proposes mechanisms for improving power distribution, including: (1) optimization of the legislative framework, (2) enhanced intergovernmental coordination, (3) strengthening financial capacities of local communities, and (4) implementation of digital technologies to improve governance efficiency. The study highlights the role of international organizations in supporting decentralization processes and regional recovery. The findings may benefit scholars, policymakers, civil servants, and local government representatives engaged in public administration reform during post-war reconstruction.

MODERN TRANSFORMATIONS OF STATE AND LAW IN THE CONDITIONS OF GLOBALIZATION

2025-10-14T09:24:25+03:00

The modern world is witnessing unprecedented scale and speed of transformations that affect all spheres of public life, and especially the state and law. Globalization, as a multifaceted process of integration and interdependence, radically changes traditional ideas about sovereignty, territoriality, legal regulation and state functions. This article is devoted to an in-depth analysis of these transformations, revealing their essence, directions and consequences. It examines how globalization leads to the blurring of traditional state borders, the strengthening of the role of international organizations and transnational corporations, as well as the formation of new forms of legal regulation that go beyond national legislation. In particular, the impact of globalization on national legislation is considered, where the process of harmonization and unification of legal norms is taking place, especially in the areas of economy, trade, intellectual property and protection of human rights. The emphasis is on how this affects the ability of states to independently form their legal policy and regulate internal relations, which sometimes leads to a decrease in their regulatory potential. The emergence of new challenges, such as cybercrime, terrorism, and transboundary environmental problems, which require coordinated international efforts and new legal mechanisms, is also analyzed. The article examines how these challenges stimulate the development of international public and private law, as well as the emergence of hybrid forms of regulation that combine elements of national and international law. Particular attention is paid to the transformation of state power, where there is a redistribution of powers between the national and supranational levels, as well as the growing influence of non-governmental organizations and civil society on the formation of public policy. The internal transformations of the state associated with the development of e-government, the digitalization of public services, and changes in the interaction between the state and citizens are also considered. The article highlights the complexity and ambivalence of these processes, where, along with opportunities for development and cooperation, threats to national identity, cultural sovereignty, and democratic institutions arise. It emphasizes the need to adapt state and legal systems to new realities, develop effective strategies for responding to global challenges and preserving national interests in the face of increasing interdependence. Finally, the article emphasizes that modern transformations of the state and law are a continuous process that requires constant scientific understanding, the search for new paradigms and solutions to ensure stability, justice and development in a globalized world.

TOPICAL PROBLEMS OF LEGAL REGULATION OF VOLUNTEER ACTIVITY

2025-10-14T09:35:31+03:00

The article analyzes the aspects of legal regulation of volunteer activities in the interests of the Armed Forces of Ukraine during the repulsion of the armed aggression of the Russian Federation. The author analyzes the main international treaties and norms of the current national legislation defining the basic legal and organizational principles of volunteer activity. The main problems of legal regulation of volunteer activity under martial law are outlined. It is substantiated that under martial law in Ukraine, legal regulation of volunteer activity is an important aspect of ensuring effective assistance in the interests of the Armed Forces of Ukraine during repulsion of the armed aggression of the Russian Federation.

INNOVATIVE AND INTELLECTUAL POTENTIAL AS A STRATEGIC COMPONENT OF THE DEFENSIVE INFRASTRUCTURE OF THE WORLD’S CYBER SPECIAL SERVICES

2025-10-14T09:49:38+03:00

The growth of cybercrime, the use of cyberterrorism tools in hybrid wars, and the need to develop a system for ensuring Ukraine’s cyber security in accordance with the defined strategic directions, taking into account the trends in the development of cyberspace, modern challenges and threats to its security, are extremely relevant in the context of the development of the information society. Military cybersecurity, also known as military cybersecurity or military cyber defense, was deployed to protect digital assets, communication networks, and IT infrastructure of military organizations and defense departments. The main goal of these processes is to protect vital military data to ensure the continuous execution of military operations. This includes protecting military networks from malicious threats and attacks, as well as ensuring the confidentiality, accuracy, and availability of critical military data. These systems also include procedures for creating and using tactics for detecting, responding to, and mitigating cyber incidents. These threats include state-sponsored cyberattacks, hacktivism, and operations conducted by cybercriminals. As a result of digital transformation, which has expanded the potential attack surface, military organizations are forced to invest in cybersecurity solutions that meet the stringent cybersecurity criteria set by governments and defense agencies. In the current climate of ongoing geopolitical tensions and conflicts, cybersecurity has become a top priority for many countries. As such, these circumstances have increased the focus on cyber capabilities, both defensive and offensive. Investments in cybersecurity measures now protect defense-related technologies and software. The top priority is now to protect critical military infrastructure from cyberattacks. Military organizations are now coordinating cyber defense measures and sharing threat intelligence with the commercial sector and their international partners.

PROBLEMATIC ISSUES REGARDING THE DETERMINATION OF THE SUBJECT MATTER OF A CIVIL LAW CONTRACT FOR THE PROVISION OF SERVICES

2025-10-14T09:54:16+03:00

The article analyzes legislative and doctrinal approaches to the definition of the legal category “service” as the subject of a contract for the provision of services and a separate object of civil rights. It is emphasized that the institution of services in national law has not received a clear and unambiguous understanding and interpretation. The absence of a legal definition of the “service” category leads to inconsistencies in the application of legal norms that regulate the procedure for providing certain types of services. There is no single approach to understanding the essence of the “service” category in the doctrine of civil law either. In the Civil Code of Ukraine, the norms that establish general provisions on the provision of services and that can be applied to all contracts on the provision of services are highlighted in Ch. 63. The provisions of this chapter also apply to such types of contracts that are not provided for by legislation at all, but have as their subject the provision of a service, which consists in the performance of a certain action or the performance of a certain activity. The legal definition of the concept of a contract for the provision of services is given in Article 901 of the Civil Code of Ukraine. A contract for the provision of services is a complex obligation consisting of two organically interconnected obligations: first, a legal relationship in which the executor must provide a service, and the customer has the right to demand the fulfillment of this obligation; secondly, a legal relationship in which the customer is obliged to pay for the provided service, and the performer has the right to demand the corresponding payment from the customer. According to Art. 177 of the Civil Code of Ukraine, the service is a separate object of civil rights, as well as the subject of a contract for the provision of services. Doctrinal definitions of the concept and existing concepts regarding the understanding of the essence of the “service” category are given. Characteristic features of “service” as a legal category are distinguished. It was established that, according to the criterion of normative certainty, contracts for the provision of services are divided into those provided for by the Central Committee of Ukraine or other normative legal acts, and those that, although not provided for by the current legislation, are common in the contractual practice of participants in civil legal relations (agreements on the provision of hotel, financial, theatrical and entertainment, telecommunications, educational services, catering services, surrogate motherhood services, etc.).

NATIONAL SECURITY IN MARTIAL LAW AND THE FEATURES OF ITS PROVISION AND THE USE OF OPEN SOURCES OF INFORMATION

2025-10-14T09:58:32+03:00

The scientific article analyzes certain aspects of ensuring national security in martial law in Ukraine. The composition of the category “national security” is analyzed and it is established that in general there is no clear legislative definition of the composition of national security in Ukraine. The composition of the specified category is formed in the vast majority in scientific works and dissertation research. It is proved that in the modern period of development of society, the issue of information security has become one of the main ones and therefore ensuring information security is of quite great importance. The lack of a clear definition of the components of national security has to some extent contributed to a decrease in the level of attention to certain aspects of ensuring national security, such as demographic and information. The article draws attention to the mentioned aspects of national security and especially to the issues of information and information policy. Regarding the demographic situation, the state of the population in Ukraine is analyzed and it is proved that in modern conditions it is necessary to develop an appropriate program to stimulate the birth rate. Separate measures to increase the payment for the birth of children do not solve the mentioned problem and, moreover, the increase that is proposed to be approved by the Verkhovna Rada of Ukraine is insufficient. In addition, there is a need for a more detailed analysis of the birth rate in Ukraine, because the number of citizens who have left Ukraine is approximately a quarter of the population. Regarding information and information policy, it is proved that in modern conditions it is necessary to strengthen criminal liability for the unintentional dissemination of information that can be used both for military purposes and for conducting information and propaganda special operations that affect the state of society as a whole. These special operations are carried out by employees of the special services of the Russian Federation using facts and events covered by citizens of Ukraine in open sources It is proposed to add an addition to Article 114-2 of the Criminal Code of Ukraine in order to reduce the amount of open information used by the enemy.

EVOLUTION OF THE LEGAL STATUS OF THE INDIVIDUAL IN CLASSICAL INTERNATIONAL LAW SOURCES: FROM THE WESTPHALIAN CONGRESS TO MODERN TRANSFORMATIONS

2025-10-14T10:07:55+03:00

Despite the growing attention to human rights and freedoms in contemporary international law, the genesis of a legal status of an individual as the foundation of their social existence remains insufficiently explored. The fragmented consideration of this issue, particularly regarding the international legal instruments of the classical era, highlights the need for further analysis of existing historical acts in order to systematically study the evolution of a legal position of an individual. The article examines the development of an international legal status of an individual through the lens of key normative documents adopted at the interstate level during the classical era of international law existence (1648 – early 20th century). The study reveals significant progress in the recognition of individual rights and freedoms in early modern international law following the Peace of Westphalia in 1648. It is stated that the established principle of sovereignty and the absence of supranational international regulatory bodies at that time resulted in the incomplete protection of individuals against violations of their legal status. The article highlights the universal perception and guarantee of individual legal capacities after the adoption of the legal acts during the French Revolution (1789–1799). The study provides an analysis of the Declaration of the Rights of Man and of the Citizen of 1789 as well as the Constitution of 1791 and outlines their contribution to the formation of the rule of law principle. Emphasis is placed on the inclusion of provisions regarding duties and responsibilities of individuals in major international legal instruments of the 19th and early 20th centuries. The article argues the increased importance of forming a comprehensive approach to understanding of an individual as accountable for violations of existing norms of international law during the classical period. It is concluded that the notion of a legal status of an individual during the classical era of international law progressed from complete dependence on the state to the gradual recognition of universal rights and freedoms, which laid the foundation for further transformations in the 20th century.

INTERNATIONAL LEGAL RESPONSIBILITY OF SENDING STATES FOR THE ACTIONS OF COMPANIES ENGAGED IN PRIVATE MILITARY AND SECURITY ACTIVITIES

2025-10-14T10:14:14+03:00

The article examines the international legal responsibility of sending states for the actions of companies engaged in private military and security activities. It has been established that delegating state functions to private companies – whether by involving them in armed conflicts abroad or in UN peacekeeping missions – necessitates the development of an effective mechanism for controlling the activities of private military and security companies. Customary international law provides that a state directing private military and security companies may be held internationally liable for an internationally wrongful act if the conduct of those companies can be attributed to it. The existence of a factual link between the sending state and private military and security companies, the active role of the sending state in selecting a specific company, and the provision of the necessary instructions to the company’s personnel regarding their participation in armed conflicts indicate the need to hold the sending state internationally liable for violations committed by these companies and their employees.

USE OF TECHNICAL EQUIPMENT IN INTELLIGENCE ACTIVITIES: CONCEPT, METHODS, HISTORY AND DEVELOPMENT PROSPECTS

2025-10-14T10:20:12+03:00

The article provides a historical analysis of intelligence activities in Ukraine. The main stages of the development of intelligence activities, which have deep historical roots, are considered. The main emphasis is placed on the use of technical capabilities for searching and recording intelligence information obtained by intelligence officers in Ukraine and abroad. It is obvious that the effectiveness of obtaining intelligence information depends on the methods and quality of the means used by intelligence in its work. Today, the development and improvement of information technologies used in intelligence activities depends on the methods and quality of technical means and their capabilities in obtaining and using information sensitive to the country. Technical means of intelligence are traditionally considered to be: devices, machines and technical and technological devices and equipment made on their basis, technical capabilities for general use and control of the Earth’s surface, air (space) space and individual objects. All these technical means allow to receive, process any information that is intelligence information. The means that intelligence uses in its work has become technical intelligence, that is, obtaining information using technical means of intelligence. That is why intelligence agencies control, analyze and use all information that comes from the universe, and also collect all information, recorded with the help of special technical means used by intelligence units. Deep analysis of all information that comes from open sources, as well as analysis of secret information that comes from intelligence sources makes it possible to draw the right conclusions.

GENERAL DIRECTION AND PRIORITIES OF ACTIVITIES OF NATIONAL SECURITY ENTITIES

2025-10-14T10:29:39+03:00

The purpose of this article is to elucidate the general direction and principal priorities underpinning the activities of entities responsible for ensuring national security. The “general direction” is understood as the set of strategic spheres intended to secure systemic stability in public life, as well as the state’s capacity to maintain an appropriate level of national security. Within these spheres, the essential conditions for preventing internal and external threats and risks are established, and the necessary resources are developed to meet the population’s vital needs, safeguard state sovereignty, and fulfil other national interests of Ukraine. The success of any specialised legal measures in this arena depends upon effective implementation of security efforts in the general direction. The general direction comprises social, economic, political, and informational components, each serving as a separate domain of national security, distinguished by its own specific priorities. Neglecting any one of these components may adversely affect other aspects of national security activities (including those addressed by the legal and specialised components) and undermine the overall security climate. Thus, ensuring an adequate level of social security lowers the likelihood of rising inequality, social exclusion, marginalisation, and fragmented political engagement among vulnerable groups, thereby diminishing social tensions and the potential for radicalisation within society. Consideration of economic factors, meanwhile, fosters the accumulation of resources for financing the security and defence sector, advancing critical infrastructure, operating the state reserves system effectively, supporting the social security apparatus, and diversifying national production. The political dimension bolsters the legitimacy of public authority and the enhancement of democratic procedures, which holds particular importance in the context of ongoing war and a proliferation of transnational threats. As for the informational sphere, “information wars” have been waged there for quite some time, impacting various facets of individual, societal, and state life, and demanding sustained vigilance and countermeasures. The article’s conclusions summarise these findings.

RESTRICTION OF THE RIGHT TO INFORMATION AS A MEANS OF ENSURING INFORMATION SECURITY AND THE STATE’S OBLIGATION TO “COMPENSATE” FOR INFORMATION OPPORTUNITIES LOST BY A PERSON

2025-10-14T10:34:14+03:00

The article deals with the problematic issues of applying restrictions on the right to information as a tool for deterring and counteracting threats to Ukraine’s information security, neutralizing information aggression, creating an effective system of interaction between public authorities, local self-government bodies and society, and also developing international cooperation in the field of information security on the basis of partnership and mutual support; the use of which requires “compensation” for the information opportunities lost by a person, and which has not yet become the subject of Based on the analysis of recent studies and publications, the author has established the absence of a single mechanism for compensatory restriction of the right to information, and the attempts of Ukrainian courts and state bodies responsible for regulating information activities to develop their own ways and mechanisms for applying restrictions on the right to information with “the least losses” for information subjects, based primarily on their own practice of providing a legal assessment of each of such cases. Given the relevance and significance of the issue, the purpose of the article is to present the results of the analysis of the content of restriction of the right to information as a means of ensuring information security and the State’s obligation, and on this basis to formulate scientifically sound proposals for “compensation” for the information opportunities lost by an individual. The author emphasizes the need for further analysis and formulation of a reasoned position with regard to each national security regime separately, and the possibility of applying mechanisms for restricting the right to information in the general practice of ensuring information security and special restrictive measures against information entities. The author analyzes the practice of administrative courts in providing a legal assessment of the validity of recognizing information and other activities of a subject of information relations as unlawful, as well as a legal assessment of the actions of national security entities within the limits of their powers and the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms. The author suggests that further research on the issue of justification of certain restrictions on the right to information should be focused on the consideration of the public interest as a “compensator” for a certain restriction of the right to information and the application of the “three-part test” in the practice of applying restrictions.

DEFINITION OF THE INTENT TO COMMIT GENOCIDE

2025-10-14T11:04:10+03:00

The commission of genocide is recognized as a crime that contradicts international law regardless of the period of commission in wartime or peacetime, however, commission during wartime increases the threat of committing the crime. The purpose of the article is to analyze the intent to commit genocide in international law and national criminal legislation. The stated goal involves studying the meaning of the concept of intent in international law and the intent and purpose of committing genocide in national criminal law. It is necessary to clarify the intention “in whole or in part”, which is used in the Convention in relation to the qualification of genocide when committing a crime against a sufficiently significant part of a certain group. According to the positions of scholars, the specified part affects the group as a whole or its survival and is qualified from the position of a substantial part of the group. In this case, genocide can be qualified if there is an intention to completely or partially destroy a certain group, the question of a substantial part of the group remains, because it requires research in each case of genocide. Determining the intention to destroy a certain group is difficult in practice, the concept of purpose and broader concepts are used. The Convention uses the concept of “intent to destroy, in whole or in part.” In the criminal law of our state, the intent to commit genocide can be determined by taking into account the intent and purpose of the crime, which are subjective elements of the crime and are directly indicated in the formulation of the concept of genocide in the Criminal Code of Ukraine. The Criminal Code of Ukraine clearly states the purpose and intent of committing genocide: “genocide, that is, an act intentionally committed with the aim of destroying in whole or in part a national, ethnic, racial or religious group.” Given the wording of the law, genocide is qualified if the purpose of committing the crime is proven. The commission of genocide is qualified by the presence of intent in the Convention, which is specified in the Criminal Code of Ukraine in the meaning of the intent and purpose of the complete or partial destruction of a certain group.

INTERNATIONAL LEGAL STANDARDS IN THE FIELD OF CONSTITUTIONAL LAW: A COMPARATIVE ANALYSIS

2025-10-14T11:09:21+03:00

The article delves into the concept of international legal standards within constitutional law, presenting them as a cohesive set of universally acknowledged norms, principles, and practices that outline the prerequisites for democratic governance, human rights protection, and adherence to the rule of law. It explores the essence and origins of these standards by examining sources such as international treaties, rulings from the European Court of Human Rights (ECHR), and documents issued by the United Nations and the Council of Europe. A comparative analysis is conducted to highlight how various countries integrate international standards into their respective constitutional frameworks. Special focus is given to Ukraine, where notable obstacles in implementing these norms are identified, including judiciary instability, political interference in constitutional oversight, and excessive formalism in legal enforcement. The article also discusses defining characteristics of international human rights standards as enshrined in global legal documents. These standards are characterized by textual uniformity and functional applicability across various international state associations. They employ abstract and often evaluative language to outline minimum acceptable or aspirational levels of human rights protections, aligned with societal development and its dynamics. Moreover, these standards impose positive obligations on states to safeguard, uphold, and defend rights while providing mechanisms for enforcing penalties—be they political or legal—for violations. The analysis focuses on pivotal international documents that outline safeguards for human rights and fundamental freedoms, with special attention to their integration into Section II of Ukraine’s Constitution. It underscores the significance of case law from the European Court of Human Rights and the International Court of Justice in developing and reinforcing these principles. The European Court of Human Rights stands out as a foundational body in formulating, promoting, and enhancing global standards for human rights protection. Operating within the scope of the European Convention on Human Rights, it guarantees uniform interpretation of fundamental rights and freedoms, providing indispensable legal guidance to judicial systems in member states.

EXPERT’S CONCLUSION IN CRIMINAL PROCEEDINGS: PROBLEMS OF ADMISSIBILITY, EVALUATION, AND TACTICAL USE BY THE PARTIES

2025-10-14T11:16:45+03:00

The study of the problematic aspects of using an expert’s conclusion as a source of evidence in the criminal proceedings of Ukraine is highly relevant, gaining particular importance amidst the reform of the justice system and the challenges associated with the state of martial law. The article highlights the issue of the comprehensive evaluation of an expert’s conclusion, which extends beyond a formal analysis of its compliance with legal requirements and touches upon issues of its reliability, scientific validity, and its place within the system of other evidence. It examines the legal conflict that arises between the formal approach to the list of sources of evidence, established by the Criminal Procedure Code of Ukraine, and the actual needs of the adversarial process, particularly regarding the use by the defense of alternative expert opinions and reviews to effectively refute the prosecution’s evidence. The article substantiates the need to revise established approaches to evaluating an expert’s conclusion, moving away from the stereotypical perception of it as the “queen of evidence” and strengthening the critical analysis of its content by all participants in the proceedings. The research methodology included the formallegal method for analyzing the norms of current legislation, the systemic-structural method for determining the place of the expert’s conclusion in the system of evidence, the comparative-legal method for analyzing judicial practice, and the dialectical method for identifying contradictions between theoretical principles and law enforcement practice. The application of these methods allowed for a comprehensive investigation of the legal nature, procedural status, and tactical aspects of using expert conclusions. The article analyzes judicial practice, in particular, the positions of the Cassation Criminal Court within the Supreme Court, regarding the admissibility of conclusions obtained in violation of procedural order and the procedural status of reviews of expert conclusions. The author of the article believes that the existing contradictory practice regarding the recognition of reviews creates legal uncertainty and violates the principle of equality of arms. The article also examines the tactical techniques used by the prosecution and defense to confirm or refute the evidentiary value of the conclusion, and analyzes the specific problems that arise when conducting expert examinations under martial law, particularly concerning military personnel. The paper concludes that the effectiveness of using an expert’s conclusion depends on the synergy of three factors: adherence to the proper legal procedure for obtaining it, a deep, substantive analysis of its reliability and scientific validity, and the availability of real opportunities for the parties to confirm or refute it. Special attention is paid to the concepts of “admissibility,” “reliability,” “relevance,” and “sufficiency” of evidence in the context of evaluating an expert’s conclusion. The expediency of legislative regulation of the status of alternative expert opinions has been established. The author offers specific proposals for improving criminal procedure legislation, particularly by introducing a clearly regulated procedure for obtaining clarifications from an expert during the pre-trial investigation upon the order of an investigating judge.