Scientific Works of Interregional Academy of Personnel Management. Legal Sciences

POLICE COOPERATION BETWEEN EU AND UKRAINE: CURRENT ISSUES AND PERSPECTIVES

2025-05-02T09:20:31+03:00

The article examines the issues of police cooperation between the European Union and Ukraine. It is emphasized that from the point of view of organizing police cooperation in Europe, Ukraine is a third state to which the usual rules and procedures of cooperation with a third state apply. The procedure for regulating police cooperation between Ukraine and the EU under the Association Agreement and special documents, in particular the Memorandum of Understanding between Ukraine and Europol and the Agreement on Strategic and Operational Cooperation, is examined. The procedure for interaction between Europol and state bodies of Ukraine, including the Ministry of Internal Affairs, the Prosecutor General's Office of Ukraine, the State Border Guard Service of Ukraine, etc., is considered.It is emphasized that police cooperation between Ukraine and the EU is not limited to cooperation with Europol, but also includes interaction with other EU institutions, such as Eurojust and Frontex. Cooperation in responding to specific threats of organized crime, in particular, smuggling of persons across the border, smuggling, economic crimes, corruption, document forgery and cybercrime, taking place in the format of information exchange and best practices on crime investigation methods, as well as in the format of mutual legal assistance in criminal proceedings, is examined. The mechanisms involved in such exchange are considered.Attention is paid to the activities of the Joint Working Group of Ukraine, the EU Member States and the International Criminal Court in the investigation of international crimes committed in Ukraine during the armed aggression of the Russian Federation. The nature and procedure for interaction within the framework of the Joint Working Group mechanism are studied. The exchange of data during cooperation in the specified mechanism is considered, in particular the mechanism for exchanging intelligence data between Ukraine and Europol. The directions of cooperation between Ukraine and Europol and the prospects for such activities are established, including in the format of analytical, logistical and financial support for investigations in Ukraine.

INSTITUTE OF JURY IN UKRAINE: CURRENT CHALLENGES AND PROSPECTS FOR REFORM

2025-05-02T09:32:53+03:00

The scientific article establishes that the institution of jury in Ukraine is in the stage of transformation and requires significant reform in accordance with international standards of justice. The main challenges facing the functioning of jury trials in Ukraine have been investigated, including: imperfections in the procedure for forming jury lists, low level of legal culture and consciousness of citizens, lack of proper mechanism for material support of jurors, and organizational problems in forming jury compositions.It is substantiated that the effective functioning of the jury institution requires a systematic approach to its reform, including improvement of the legislative framework, introduction of educational programs for jurors, creation of a unified electronic system for forming jury lists, and development of mechanisms for protecting the rights and guarantees of jury activities. The necessity of expanding the categories of cases considered with jury participation and introducing the classical model of jury trial has been established.It was concluded that the reform of the jury institution should take place taking into account international experience, especially the practices of the USA and Great Britain, where this institution functions most effectively, and the national peculiarities of the Ukrainian legal system. It was determined that the key areas of reform should be: improving the jury selection procedure through the creation of a unified electronic system for forming lists and establishing clear selection criteria; increasing their level of legal education through the introduction of special training programs and workshops; strengthening guarantees of independence through the establishment of additional mechanisms of protection against illegal influence and pressure; ensuring proper material and technical support for their activities, including adequate remuneration and compensation for expenses related to performing jury duties; creating an effective mechanism for interaction between jurors and professional judges, which provides for a clear distribution of powers and an established system of communication. Such comprehensive reform will contribute to increasing the effectiveness of jury trials as an important institution of democratic society and ensure its compliance with international standards of justice administration.

LEGAL STATUS OF JURY: ESSENCE AND FEATURES

2025-05-02T09:37:18+03:00

The article is devoted to the study of the legal status of jurors. It was established that legal status is a complex, integrative category that reflects the relationship between a person and society, a citizen and the state, an individual and a team, and other social ties. Fixing the interrelationships in the state, the legal status reflects the democratic nature of the society and the real state of relations prevailing in it. It was found that, in general, three types of legal status of a person are distinguished in legal science: 1) general – applies to all people and citizens; 2) special – characterizes the peculiarities of the situation of certain categories of people and citizens; 3) individual – characteristic of a single individual. Among the main features of legal status, the following are distinguished:1) it has a universal character, as it contains the statuses of various subjects of legal relations – the state, society, individuals, etc.; 2) reflects a person's position in society; 3) the core of the legal status is the rights and obligations realized thanks to the connections between their holders – legal relations; 4) regulated by law. It was concluded that the legal status of a juror constitutes a system of rights and obligations that allows him to perform the function of justice. It was established that the legal status of jurors belongs to a variety of special legal statuses, which is characterized by the presence of special rights and obligations. Attention is drawn to the insufficient legislative regulation of the legal status of jurors in our country. The need for its further scientific substantiation and legislative consolidation in an independent regulatory legal act in order to ensure effective justice has been identified.

INITIAL INVESTIGATORS (SEARCH) ACTIONS IN PROCEEDINGS ON CRIMINAL OFFENSES COMMITTED BY MINORS

2025-05-02T09:41:04+03:00

In the article, the author describes the legal foundations and prospects for the development of criminal procedural law in the light of the legal reform in Ukraine. Procedural situations that arise at the stage of initial investigative (search) actions in the investigation of criminal offenses committed by minors are considered. The article examines and analyzes the methods of interrogation of minor witnesses (victims) as the main criterion for the formation of testimony in criminal proceedings and the collection of evidence base in the criminal process of Ukraine. The need for effective cooperation of pre-trial investigation workers and the court for high-quality and objective performance of the tasks of criminal proceedings is substantiated. Emphasis is placed on compliance with the general principles of criminal proceedings and improvement of Ukraine's innovation policy in general. The author's suggestions regarding the improvement of the tactics and methodology of the interrogation of a minor witness (victim) during criminal proceedings are formulated and given. The author's own (author's) list of persons who are subject to mandatory questioning as part of the proceedings to establish the objective truth in the case, provided by the author for consideration by the scientific and practical public, is offered for discussion of the specifics of the questioning of the said participants. The author of the article has developed and proposed his own list of questions that can be put to a forensic psychological examination. The meaning and place of these novels in the system of law, forensic examination and criminal process as a whole is revealed. Conclusions were made and recommendations were made regarding the coordinated application of the norms of the current legislation in the practical activities of the criminalist, investigator (detective) and judge. Attention was drawn to the need for further scientific cooperation of scientists, specialists in the field of substantive and procedural law.

FOREIGN EXPERIENCE IN THE DEVELOPMENT OF THE INSOLVENCY INSTITUTE AND ITS IMPACT ON THE ESTABLISHMENT IN UKRAINE

2025-05-02T09:43:53+03:00

The article is devoted to the study of foreign experience in the development of the insolvency institute and its impact on its formation in Ukraine. The author distinguishes six global historical stages of formation of the insolvency institute and five all-Ukrainian stages. Using a comparative approach, the author concludes that these stages differ in the duration of their formation due to objective historical processes which took place in the territories of different countries of the world, including Ukrainian lands. The article highlights the foundations of insolvency law in the Roman Empire, its further development in the periods of feudalism and capitalism through the prism of development of the world's advanced countries, and the impact of international standards of the insolvency institution on the efficiency of development and application of relevant legal norms and legislative acts in the territory of Ukrainian lands. The author examines and reflects the content of legal acts of national and global bankruptcy legislation through a retrospective, starting from the times of the Ancient World to the present day. The author analyzes the works of many national scholars on the impact of the emergence and further evolution of monetary legal relations on the establishment of the insolvency institute. It is summarized that the development of bankruptcy legislation was accompanied by a transition from the principles of personal non-property liability of debtors to creditors, and subsequently to property liability, to the development of effective and practical regulatory mechanisms to prevent insolvency of debtors. The author reveals the content and provisions of the current legislative acts in the developed countries of the world, in particular, the US Bankruptcy Code, the German Bankruptcy Act, the Bankruptcy Act of the Republic of Poland, EU Regulation 2015/848 of May 20, 2015 «On Insolvency Procedures (New Edition)», and their impact on the evolution of the formation and development of the bankruptcy institution in Ukraine.

THE ROLE OF THE COSSACK INTELLIGENCE IN ORGANIZING SUBVERSIVE ACTIVITIES IN THE REAR OF THE INVADERS DURING THE NATIONAL LIBERATION WAR (1648–1657)

2025-05-02T09:47:06+03:00

The article provides a comprehensive analysis of the intelligence and sabotage activities organized by Bohdan Khmelnytsky at the initial stage of the National Liberation War of the mid-seventeenth century. The author examines how, as a result of the formation of the Ukrainian Hetmanate, it immediately found itself in the role of a buffer zone between influential neighbors who sought to strengthen their positions in the region. It is shown that, realizing the vulnerability of the new state, Bohdan Khmelnytsky, from the very beginning of his reign, attached great importance to intelligence issues, actively establishing a system of information gathering and subversive activities.The emphasis is placed on the versatility of Cossack intelligence, which was not limited to espionage, but included the organization of uprisings, recruitment of enemy commanders, and sabotage in the enemy's deep rear. It is shown that, thanks to agents, the hetman could quickly respond to changes in the military and political situation: seize the initiative, divert enemy forces to peripheral theaters of war, and form a strong army from different social groups. The study provides examples of Cossacks conducting large-scale actions even outside their own territories, in particular in Belarus and the vicinity of Warsaw, which significantly weakened the defense capabilities of the Polish-Lithuanian Commonwealth. At the same time, a number of problems in the coordination of actions were identified: the lack of a single center for managing the intelligence network caused a fragmentation of efforts, and shortcomings in assessing enemy plans sometimes led to military defeats, as in the case of the Battle of Berestechko.The article also emphasizes the role of intelligence in establishing allied relations with the Crimean Khanate and luring registered Cossacks and elders, which proved to be one of the key factors in the first successes of the Cossack state.The author concludes that the role of intelligence and sabotage activities in the formation of the Hetmanate was extremely important and emphasizes that Khmelnytsky's experience can serve as a historical precedent important for understanding modern security challenges. In particular, the study of Polish sources and the latest scientific works allows us to clarify a number of facts, expand the understanding of the scale and effectiveness of Cossack intelligence, and rethink its importance for strengthening state sovereignty in difficult geopolitical conditions.

ELECTRONIC VOTING FOR PROSECUTORS: ADVANTAGES AND CHALLENGES ON THE PATH TO TRANSPARENCY

2025-05-02T09:55:38+03:00

Electronic Voting in the Election of QDCP Members: Prospects and Challenges Modern challenges confronting prosecutorial bodies underscore the urgency of reforming electoral procedures. The effectiveness and transparency of decision-making mechanisms are critical to fostering public trust in prosecutorial institutions. This article examines the prospects of implementing electronic voting in the election of members of the Qualification and Disciplinary Commission of Prosecutors (QDCP), with particular attention to how digital technologies can enhance democratic governance, minimize administrative influence, and ensure fairness in the electoral process.The study highlights the advantages of electronic voting, including procedural transparency, accessibility for all participants regardless of location, expedited vote counting, and the mitigation of human error. At the same time, it critically assesses potential challenges, such as cybersecurity risks, the necessity of developing a robust technological infrastructure, and the establishment of a comprehensive regulatory framework.Additionally, the article draws on international experience, particularly Estonia’s implementation of electronic voting. Key aspects that could be adapted to the Ukrainian context include legal safeguards to ensure security, mechanisms for protecting voters’ personal data, and independent oversight structures. The study emphasizes that prosecutorial independence is contingent on a transparent and democratic process for forming its governing bodies. The introduction of electronic voting represents a significant step toward strengthening trust in prosecutorial institutions and their decision-making processes. The adoption of such a system would not only modernize electoral procedures but also contribute to the broader digital transformation of public administration in Ukraine.

THE OCCURRENCE AND DEVELOPMENT OF LEGAL REGULATION OF THE RIGHTS AND OBLIGATIONS OF DRIVERS OF PASSENGER VEHICLES IN UKRAINE AND EUROPEAN COUNTRIES

2025-05-02T09:58:23+03:00

A person, their life and health, inviolability, respect for honor and dignity are defined by the Constitution of Ukraine as the highest social values, and ensuring compliance with human rights and freedoms, along with providing effective guarantees, is a priority task of the state.For centuries, the level of human rights and freedoms provision has served as a criterion for evaluating the level of development of a society or state as a whole. Legislative processes in Ukraine and worldwide in the field of ensuring the rights and freedoms of citizens are based not only on the current needs of society but also on historical prerequisites and factors that led the legislator to the need for legal regulation of certain processes. One of the new branches of the development of global legal systems has been the regulation of road traffic relations, which gained significant momentum at the end of the 19th and the beginning of the 20th centuries due to the invention and spreading of automobiles.The rapid development of the automobile industry and the implementation of new technologies, both in vehicles and in mechanisms for state control of road traffic, underline the relevance of studying the historical development of legal regulation in the field of road traffic and the needs and prospects for its further development. Research and analysis of the historical evolution of state regulation of the rights and responsibilities of road users make it possible to qualitatively evaluate the prerequisites and factors that shaped the current legal norms in this field and to consciously approach the challenges of today while seeking ways to improve legal regulation of driver activities in subsequent studies.The purpose of this article is to reveal historical milestones of the establishment and development of state (administrative) regulation of road traffic from the invention of the wheel–an indisputable prerequisite for modern road traffic–up to the present day. It examines the main stages of the development of road traffic rules at the end of the 19th and the beginning of the 20th centuries in Europe and specifically in Ukraine. Common and distinctive features of the initial stage of traffic rules formation are identified and described, and the challenges and prospects for further development in this field of knowledge are assessed.