Expert: paradigm of law and public administration

ECONOMIC AND LEGAL INCENTIVES: THEORETICAL AND LEGAL ASPECT

Volodymyra Volodymyrivna Dobrovolska — 2025-12-23

The article examines economic and legal incentives as a legal category that is not recognized by the norms of current legislation, which gives rise to problems of their legal application and which represent a set of means, methods and forms of influence established by legal norms of the state and other subjects of law on participants in economic relations, which are aimed at encouraging their economic activity, increasing the efficiency of activity, compliance with the law and achieving socially significant economic goals. Analysis of recent publications on the definition and purpose of economic and legal incentives is mostly an economic analysis of them and their definition is relevant precisely through the prism of economic legislation, which is also the purpose of the article. Presentation of the main material. The state is trying to stimulate the development of economic activity using a wide range of economic and legal means and instruments based on the principles of encouragement, preferences and support, rather than coercion. They are aimed at encouraging business entities to make investments, innovations, exports and create new jobs. It is concluded that economic and legal incentives are instruments of state influence that encourage business to behave in a certain way not through coercion or punishment, but through the creation of favorable conditions and interest, and they are the opposite of economic and legal sanctions. The main independent feature of economic and legal incentives is the regulatory and legal form, because the incentive must necessarily be established by a regulatory and legal act (law, code, resolution, etc.), which means that it is not someone’s subjective desire or oral promise.

INTERNATIONAL MILITARY TRIBUNALS AND THEIR IMPACT ON THE DEVELOPMENT OF INTERNATIONAL CRIMINAL LAW

Volodymyr Oleksiyovych Zarosylo — 2025-12-23

The article provides a comprehensive study of the formation and development of international military tribunals as key institutions in the international criminal justice system. It examines the activities of the Nuremberg, Tokyo, International Tribunal for the former Yugoslavia, and International Tribunal for Rwanda, which laid the legal, procedural, and conceptual foundations of modern international criminal law. Their contribution to the formation of fundamental principles—individual criminal responsibility, inevitabil- ity of punishment, absence of immunity for senior officials, and universal jurisdiction over war crimes, crimes against humanity, and genocide—is summarized. The purpose of the article is to analyze the formation and evolution of international military tribunals, to study their contribution to the formation of modern norms and principles of international criminal law, and to assess the impact of these tribunals’ decisions on the further development of the international system of re- sponsibility for war crimes, crimes against humanity, and genocide. The current stage of evolution of international criminal justice is analyzed, reflecting the signing of the Agreement between Ukraine and the Council of Europe on the establishment of a Special Tribunal for the crime of aggression against Ukraine. It is noted that this initiative is a logical continuation of the historical tradition of international military tribunals, which began in Nuremberg, and at the same time, an innovative model of regional justice that goes beyond the classical mechanisms of the UN. It concludes that the international war tribunals established after World War II laid the foundation for modern international criminal law. The Nuremberg and Tokyo tribunals were the first to establish the principles of individual criminal responsibility, the inevitability of punishment, and the inadmissibility of invoking state immunity or following orders. The tribunals for the former Yugoslavia and Rwanda significantly developed these principles, establishing practices regarding genocide, crimes against humanity, and command responsibility, which became the foundation for the creation of the International Criminal Court. Contemporary challenges, in particular the Russian Federation’s aggression against Ukraine, have revealed the need to improve the mechanisms of international justice. The signing of the Agreement on the Establishment of a Special Tribunal for the Crime of Aggression against Ukraine is a logical continuation of the evolution of international criminal law and demonstrates the international community’s ability to adapt legal instruments to new threats.

ADMINISTRATIVE AND LEGAL GUARANTEES OF THE IMPLEMENTATION OF NORMS OF INTERNATIONAL CRIMINAL LAW

Alla Stanislavivna Nesterenko — 2025-12-23

The article examines the administrative and legal guarantees of implementing the norms of international criminal law in Ukraine, taking into account the contemporary challenges related to armed aggression and the need to adapt the national legal system to international standards. The authors focus on the peculiarities of administrative and legal mechanisms that ensure the implementation of the provisions of the Rome Statute of the International Criminal Court, international conventions, and bilateral treaties into national legislation. The paper analyzes the practice of executive authorities, the Prosecutor General’s Office, the National Police, probation services, and other institutions that play a key role in fulfilling Ukraine’s international obligations. The purpose of the article is to provide a comprehensive study of the legal and organizational mechanisms that constitute the system of administrative and legal guarantees in the field of implementation of international criminal law norms and to evaluate their effectiveness under current conditions. The methodological basis of the research combines general scientific methods (analysis, synthesis, induction, deduction, comparison) and special legal methods (formal-legal, comparative-legal, system-structural, method of legal interpretation). The scientific novelty lies in the fact that, for the first time in the Ukrainian doctrine of administrative law, the mechanisms of administrative and legal support for the implementation of international criminal law norms are comprehensively revealed, problematic issues of interaction between national and international institutions are identified, and proposals for improving administrative procedures in this area are provided. The main results include the identification of key problems of implementing international criminal law norms (legislative conflicts, insufficient efficiency of control mechanisms, personnel-related issues) and the substantiation of the need to improve administrative and legal guarantees through the expansion of executive authorities’ powers, improvement of procedural rules, and strengthening of interagency coordination. The practical significance of the obtained results lies in their potential application for improving Ukraine’s administrative legislation, training specialists in international criminal law and public administration, and enhancing the activities of law enforcement and other competent bodies.

MODERN SCIENTIFIC APPROACHES TO THE STUDY OF PRIVATE MILITARY AND SECURITY ACTIVITIES IN CONTEMPORARY INTERNATIONAL POLITICAL PROCESSES

Oleksandr Ivanovych Savka — 2025-12-23

The article examines contemporary scientific approaches to the study of private military and security activities in modern international political processes. It is determined that companies engaged in private military and security activities are registered non-governmental commercial structures whose activities are aimed at providing specialized services directly or indirectly related to the military sphere. An analysis of various aspects of the activities of companies engaged in private military and security activities is conducted. Operating within the legal framework, private military and security activities are legal non-governmental actors. This status removes private military and security activities from the control of states, which, in turn, benefit from the activities of such structures, as they provide new tools for solving their own problems. Today, it can be stated that in the 21st century, not only traditional nation states but also new types of actors have come to play a role in virtually every armed conflict at the regional and/or global level. In recent years, their influence on political processes and, as a result, their participation in modern conflicts has grown significantly. At the same time, cooperation between states and «non-sovereign actors» has become an obvious trend in the modern world. Companies engaged in private military and security activities can be classified as non-state actors in international relations. This category is heterogeneous and consists of legitimate and illegitimate entities that vary in nature, means of formation, and the goals to which their activities are subordinated. Some non-state actors are transnational and have a broad, ramified structure; others may be closely linked to state bodies, representing a hybrid state in which it is impossible to draw a line between them; still others are specifically created by the state apparatus to carry out specific tasks. Recently, private military and security activities «have begun to demonstrate both military activity in various regions of the world and characteristics of independent economic actors in the military segment of the global economy». Private military and security activities are gradually and increasingly «beginning to replace regular armies in armed conflicts».

REGULATION OF THE PARTICIPATION OF FOREIGN PERSONS IN PRIVATE LAW RELATIONS IN THE JUDICIAL INSTANCES OF UKRAINE UNDER MARTIAL LAW

Ruslan Vasylovych Chornolutskyi — 2025-12-23

The article provides a comprehensive analysis of the legal regulation of the participation of foreign persons in private law relations and their access to judicial instances of Ukraine under the conditions of martial law. It explores how legislative changes, introduced as a consequence of military aggression against Ukraine, have affected the exercise of procedural rights by foreign citizens and legal entities. Special attention is paid to the principle of procedural equality, the right to a fair trial, and the guarantees of protection for individuals who are not Ukrainian citizens but are participants in civil legal relations within Ukraine’s jurisdiction. Despite the challenges of wartime, the Ukrainian judiciary continues to operate based on the rule of law, ensuring access to justice for all parties, including foreign participants. The article highlights procedural mechanisms that enable foreign persons to participate in court hearings remotely, examines electronic means of notification, and discusses the difficulties in serving judicial documents abroad due to the suspension of postal communication with certain states, primarily the aggressor state. The paper analyzes relevant case law on the recognition and enforcement of foreign court decisions during martial law and considers the interaction between Ukrainian national law and international treaties, including the Conventions in the field of civil procedure. Based on the findings, the author proposes directions for improving the legal framework for the participation of foreign persons in judicial proceedings, including the wider use of e-justice, strengthening international cooperation, and updating procedural rules to adapt to wartime conditions. The conclusions have practical significance for judges, lawyers, scholars, and policymakers, promoting greater legal clarity in Ukraine’s system of private international law.