Scientific Works of Interregional Academy of Personnel Management. Legal Sciences

LEGAL ASPECTS OF THE FORMATION OF THE EASTERN BORDERS OF THE ZAPORIZHIAN ARMY IN THE 18TH CENTURY

Andriy Benitskiy — Fri, 29 Aug 2025 00:00:00 +0300

The paper analyzes the stages of the formation of the eastern borders of the Zaporozhian army in the 18th century.It is noted that the first attempts to officially define the borders of the Zaporozhian lands took place during the work of the Moscow-Turkish border commission in 1704-1705, which was formed after the conclusion of the Treaty of Constantinople in 1700. It is noted that after the defeat of the Moscow kingdom in 1711 in the war with the Ottoman Empire, the borders between these states were changed. The Treaty of Adrianople in 1713 established the Moscow-Turkish border in the basin of the Luhan, Mius, and other rivers. The Zaporozhian army received the protectorate of the Ottoman Empire and the winter camps of the Zaporozhians were established in the Donetsk and Azov steppes.Attention is drawn to the fact that the Treaty of Belgrade in 1739 and the Nissa Conventions of 1739–1742 changed the Russian-Turkish borders. By the middle of the 18th century, the eastern borders of the lands of the Zaporozhian army were determined, which bordered there with the lands of the Don army. The establishment of borders between these troops put an end to disputes between the Zaporozhian and Don Cossacks, which reached armed violence among the Cossack communities.It is noted that in the 1760s–1770s, the Zaporozhians had border disputes with the administrations of the Bakhmut and Izyum provinces for the right to use lands on the right bank of the Seversky Donets in the area of the Bereka, Sukhyi Torets, etc. It is indicated that a commission was formed in 1769 to resolve these disputes.Delegations of Bakhmut, Izyum and Zaporozhian Cossacks met and discussed issues related to resolving land disputes and establishing border boundaries.It was found that in the east of the borders of the Zaporozhian army, the jurisdiction of the Kosh of the Zaporozhian Sich extended to the area of the Kalmius River, as well as the upper reaches of the Mius River. These lands were subordinated to the Kalmius palanka of the Zaporozhian army.

CURRENT PROBLEMS OF TAX ADMINISTRATION

Valentyn Bortnyk, Yulia Lisovska, Oleksiy Pryymak — Fri, 29 Aug 2025 00:00:00 +0300

The article considers modern aspects of tax administration. Today, in the light of the dynamically progressing economic policy of Ukraine, tax administration is fundamentally different from yesterday’s tax control. It should be noted that the vector of development in this area is predominantly positive. This trend is due to the fact that all spheres of society are currently prone to digitalization, and tax control is no exception.Priority areas for its improvement and development in the context of transformational changes have been identified; a system of priority measures has been formulated that will open up opportunities for increasing the efficiency of the tax administration system in the country, which will provide a new impetus for the development of the national economy and the Ukrainian state as a whole.The particular relevance of the issues we analyze is caused by external factors that society encountered during the war.

PROCEDURAL ACTIONS DURING CRIMINAL PROCEEDINGS ON AN AIR, SEA, OR RIVER VESSEL THAT IS OUTSIDE UKRAINE BEARING THE FLAG OF UKRAINE

Yevheniy Nalyvaiko — Fri, 29 Aug 2025 00:00:00 +0300

The article is dedicated to analyzing problematic issues regarding the implementation of procedural powers during criminal proceedings on an air, sea, or river vessel located outside Ukraine.It emphasizes that during such procedural actions, it is necessary to maintain a proper balance of existing principles of criminal proceedings (rule of law, legality, ensuring the right to defense) and to ensure the fulfillment of its objectives, so that everyone who commits a criminal offense is held accountable in proportion to their guilt, and at the same time, that each participant in criminal proceedings is subjected to proper legal procedures.It is substantiated that conducting criminal proceedings on vessels outside Ukraine is a complex and specific process that requires consideration of international law, national legislation, and the peculiarities of jurisdictional activities. The article proposes legislative changes, including clarifying the term «other official» and expanding the list of circumstances under which their appointment is necessary.It also presents an opinion on the advisability of enshrining in the Criminal Procedure Code of Ukraine the obligation for the captain of a Ukrainian vessel or another authorized person to record primary data in the relevant vessel log regarding the offense, including the date, time, circumstances of the event, article of the Criminal Code of Ukraine, data about the person who may have committed the offense (if available), and the victim (if available).The article analyzes and offers proposals for the application of certain procedural/investigative actions on a vessel located outside Ukraine.It examines and compares with Ukrainian legislation the provisions of laws and procedural norms applied in France, Germany, and the United Kingdom in case of investigating crimes committed on a vessel outside the respective country but under its flag.As a result of studying the experiences of European countries, it is proposed to adopt the established practice in the United Kingdom, in particular, the obligation to maintain a shipboard log in which data about offenses, recording of events that took place on the vessel, are entered.

PROCEDURAL AND LEGAL SPECIFICITY OF THE INVESTIGATION OF CRIMINAL OFFENSES COMMITTED BY MINORS

Vitaliy Osmolian — Fri, 29 Aug 2025 00:00:00 +0300

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. The procedural-legal and psychological-pedagogical feature of conducting investigative (search) actions during the investigation of criminal offenses committed by a minor is considered. The need for effective cooperation of pre-trial investigation workers and the court for the qualitative and objective performance of the tasks of the criminal process, compliance with the general principles of criminal proceedings and improvement of the innovative policy of Ukraine in general is substantiated. Proposals for improving the tactics and methods of conducting investigative (search) actions with the participation of a minor in the criminal process of Ukraine have been formulated and given. The author has provided the scientific and practical public with his own (author’s) list of developed issues that must be clarified during the investigation of a criminal case. An algorithm for the possible interaction of investigators (detectives) and other law enforcement units during the planning and implementation of procedural measures aimed at gathering and researching the evidence base regarding the involvement of a minor in a criminal offense is presented for the discussion of theorists and practitioners. The importance of these novels in the system of law, criminology and criminal process as a whole, as well as their place in modern pedagogy and psychology, is revealed. Conclusions were made and recommendations were given regarding the coordinated application of the norms of the current legislation in the practical activities of the investigator (detective) and the teacher (psychologist), who take part in the juvenile criminal process. Attention was drawn to the need for further scientific cooperation of scientists, specialists in the field of substantive and procedural law, psychology and pedagogy.

IMMUNITIES AND EXEMPTIONS FROM INTERNATIONAL CRIMINAL LIABILITY OF EMPLOYEES OF PRIVATE MILITARY COMPANIES

Oleksandr Savka — Fri, 29 Aug 2025 00:00:00 +0300

The article is devoted to the study of immunities and exclusion from the sphere of international criminal liability of employees of private military companies. A historical analysis of cases of exclusion of persons from the sphere of international criminal liability of a number of countries – the USA, Great Britain, Australia, Canada, Latvia, Estonia – is conducted. It is determined that immunities and mechanisms of exclusion from the sphere of international criminal liability for private military companies and their employees are aimed at protecting their own citizens from the action of criminal law and from criminal prosecution by the state on whose territory such personnel carried out military and security activities. It is proved that any exemption from liability for violations of international humanitarian law should be prohibited at the international level, and states should be obliged to involve employees of private military and security companies and for crimes under national legislation, within the jurisdiction of which the committed act is located.

UTILITARIAN, LIBERALIST AND COMMUNITARIAN APPROACHES TO UNDERSTANDING THE ETHICO-LEGAL NATURE OF JUSTICE

Oksana Sarabun — Fri, 29 Aug 2025 00:00:00 +0300

In the process of analyzing different approaches to interpreting the nature of justice, it is shown that from the position of utilitarianism, justice is defined as the maximization of aggregate utility in a society, where the distribution of benefits and punishments is fair to the extent that it contributes to the achievement of this greatest good for the greatest number of people. Within the liberal approach, the emphasis is typically on individual rights, freedom, and equality of all people, where justice is often associated with ensuring these rights and freedoms. In turn, communitarianism focuses on the importance of community, traditions, and social ties. From the point of view of communitarians, justice cannot exist outside the context of a community and is closely linked to the cultural and historical characteristics of society, to collective values and shared practices.Considerations about the nature of justice are extremely important in the context of the Russian-Ukrainian war, as it involves issues related to: – restoration of the violated legal order (international law, territorial integrity of Ukraine and basic human rights); – the responsibility of the aggressor for the destruction caused (payment of reparations, punishment of those guilty of war crimes, crimes against humanity and the crime of aggression); – Russia’s responsibility for genocidal policies and the violent change of Ukrainian identity; – implementing corrective (retributive) justice – after the war, the enormous task of rebuilding the country and fairly distributing resources will arise, primarily to meet the needs of the military and their families, as well as internally displaced and affected persons; – the restoration of dignity and rights, as well as the return home of all Ukrainian citizens and prisoners of war forcibly deported by the Russian occupiers; – reforming the international legal order to make it impossible for the aggressor to evade responsibility in the future and to provide reliable security guarantees; – overcoming trauma and healing social wounds, restoring trust and ensuring social unity.

TYPES OF MASS EVENTS AND ADMINISTRATIVE AND CRIMINAL LIABILITY FOR VIOLATION OF THE REQUIREMENTS OF THE LEGISLATION ON HOLDING MASS EVENTS

Roman Svystovych — Fri, 29 Aug 2025 00:00:00 +0300

The scientific article establishes that violations are quite often allowed during mass events held in Ukraine.These violations can pose threats to public order and public safety, and in some cases to the life and health of citizens.The analysis of the types of mass events contributed to the identification of the most dangerous mass events that can pose corresponding threats. It was established that political mass events are most prone to developing into mass riots and other violations of public order and public safety.The conclusion is made that both static and mobile mass events can be the cause of violations of public order and public safety. At the same time, it depends on many factors such as the number of participants, the reason for holding or arising of the mass event, the political situation and the reaction of the authorities to holding mass events.An analysis of the relevant articles of the Code of Ukraine on Administrative Offenses and the Criminal Code of Ukraine on liability for violations during mass events showed that, first of all, there are no direct legal norms that would determine the types of administrative and criminal liability in the legislation. There are separate articles in both the Code of Ukraine on Administrative Offenses and the Criminal Code of Ukraine that provide for the liability of participants in mass events. However, the issue of liability of representatives of local authorities, local self-government and the National Police of Ukraine is practically not defined in the legislation.Based on the analysis of the relevant articles of the Code of Ukraine on Administrative Offenses and the Criminal Code of Ukraine, relevant proposals have been made to supplement the existing legislation in the field of bringing to justice persons who committed criminal offenses during the holding and organization of mass events.

HISTORY OF INTELLIGENCE ACTIVITIES OF THE UNR CENTRAL COMMITTEE (1926–1936)

Ivan Servetsky, Oleksandr Sushko — Fri, 29 Aug 2025 00:00:00 +0300

The article provides a historical analysis of intelligence activities in Ukraine. The historical stages of the development of intelligence activities (1926–1936) are considered, which indicates the complex processes that occurred during this period of time. The main attention is paid to the outstanding leaders of intelligence activities during this period of time and their incredible efforts that they devoted to the formation of national intelligence units. The main emphasis is also placed on the possibilities of searching for intelligence information that they obtained for Ukraine.However, such interest in the revival of the UNR special services was due not only to the desire of emigrants to continue the struggle for the liberation of Ukraine, but also to the events that took place at that time on the territory of Poland.In May 1926, a coup took place in Poland, as a result of which J. Pilsudski came to power, who allowed the creation of the General Staff of the exiled Military Ministry of Ukraine, which included more than a hundred UNR officers. At this time, the «Promethean» movement was gaining strength in Poland, the main idea of which was to unite various émigré movements in the fight against Moscow. It is clear that such support existed primarily so that the Polish side could strengthen its own special services. However, given the complete economic and political dependence on the Poles, the leaders of the UNR Central Committee could not count on other options for the development of events.At that time, intelligence issues began to be dealt with by the General Staff, which was part of the Ministry of War, headed by the famous military general Volodymyr Salsky. He was an experienced head of staff work and a military organizer.At the same time, he understood that it was impossible to preserve a regular army, therefore he believed that the most important task of the ministry and the staff was to preserve the most qualified officers and soldiers, as well as to direct their professional knowledge and training to serve the national idea. To this end, he actively involved emigration figures in the creation of various Ukrainian intelligence organizations that would be engaged in the consolidation of Ukrainian emigrants.However, such organizations became a target for the intelligence and recruitment activities of the Bolshevik special services. Therefore, the issue of countering their activities became urgent, and the general approached this issue with great care. To protect the organization of the national and cultural life of military emigrants, he expanded the activities of an agent network in European countries and some states. On the ground, his agents were engaged in studying the situation, identifying favorable conditions and shortcomings in the consolidation of former soldiers, as well as collecting information about political sentiments among the leadership of European states and the influence of political factors on the situation within the Ukrainian community.That is why at this time the intelligence agencies control, analyze and use all the information that comes to the intelligence officers.

LEGAL STATUS OF CADETS IN HIGHER MILITARY EDUCATIONAL INSTITUTIONS OF UKRAINE: PROBLEM ASPECTS

Dmytro Tsisar, Serhii Khalymon — Fri, 29 Aug 2025 00:00:00 +0300

The scientific article is devoted to highlighting the legal status of military personnel/cadets during their military service or study at higher military educational institutions of Ukraine. The article reveals the problems, risks and threats caused by the full-scale military aggression of the Russian Federation against Ukraine that have arisen in the sphere of implementing and ensuring the processes of obtaining higher education by citizens in higher education institutions that provide such a service.It has been determined that universities, academies, institutes, and colleges operating in the military education system are specialized educational institutions and train military personnel who, during their studies, undergo military service on a voluntary basis and acquire the status of «cadet» for this period.It has been proven that the established norms of common area for accommodating military personnel/cadets in barracks are identical to the norms for the detention of arrested, detained, taken into custody, and convicted persons.At the same time, persons sentenced to imprisonment have the right to improve their living conditions, unlike military personnel/cadets, who do not have such a right. It has been established that military personnel, like convicts, are prohibited from arbitrarily leaving their institution of residence/training, and for proper or improper compliance with the conditions and procedure for serving a sentence, measures are applied to the convict to change the conditions of their detention, while only measures of encouragement or punishment are applied to the military personnel.The issue of the length of the work week and the differences between convicts and cadets, who, as established, study one day more per week than convicts, who are legally required to have a five-day work week or a 40-hour work week, has been considered.The direct impact of the living conditions of military personnel on their moral and psychological state has been determined, which, as a result, is reflected in their attitude towards the performance of official duties and does not contribute to the popularization of military service.

PECULIARITIES OF THE LEGAL QUALIFICATION OF ADMINISTRATIVE OFFENSES RECORDED IN AUTOMATIC MODE, COMMITTED BY DRIVERS OF PASSENGER VEHICLES

Kyrylo Shypov — Fri, 29 Aug 2025 00:00:00 +0300

The article examines the features of the qualification of administrative offenses recorded in automatic mode, committed by drivers of passenger vehicles. The relevance of the topic is due to the increasing role of digital technologies in the field of road safety, the constant systematic spread in Ukraine of systems for automatic recording of traffic violations, which changes the classical approach to determining the composition of an administrative offense. The main attention is paid to the analysis of the composition of the offense (object, objective party, subject, subjective party), the determination of the features of the application of the provisions of Articles 14-2, 122, 123 of the Code of Ukraine on Administrative Offenses, as well as the analysis of legal conflicts regarding the liability of persons who did not actually commit the violation.The article emphasizes that in cases of automatic recording of an offense, the owner or proper user of the vehicle is responsible, regardless of who is actually driving. In this case, guilt is presumed, and the obligation to prove non-involvement in the offense is imposed on the person who is held liable. It is noted that this method of legal regulation may encroach on the principle of the presumption of innocence and individualization of legal liability.In addition, the specifics of proof are analyzed, procedural gaps and problems of implementing the right to defense are identified.The provisions on foreign citizens who have imported a vehicle into the territory of Ukraine and the difficulties of holding such persons accountable are also considered.The need for amendments to the legislation aimed at improving the procedure for bringing to administrative responsibility is emphasized, by introducing a clear distinction between automatic and non-automatic fixation; regulation of mechanisms for verifying the reliability of evidence; informing responsible persons about the fact of drawing up a resolution through digital communication channels, in particular integration with mobile applications.The article has theoretical and practical value for improving the process of qualifying individual administrative offenses in the field of road safety.

LEGAL REGULATION OF URBAN PLANNING IN UKRAINE: PROBLEMS OF LAW ENFORCEMENT AND WAYS OF REFORM

Dmytro Kiriushyn, Mykola Riabchenko — Fri, 29 Aug 2025 00:00:00 +0300

The article provides an in-depth analysis of legal frameworks governing urban development activities in Ukraine.It examines significant regulatory legal acts that shape relationships in the urban development sector, evaluating their strengths and weaknesses while highlighting key aspects that influence legal regulation in this domain. Special focus is given to permitting procedures, emphasizing the benefits of standardization and certification within these processes. The study incorporates scientific perspectives supporting these proposals, addressing the challenge of inconsistent legislative regulation across the sector.The author stresses the pressing need for enhanced legal norms via effective legislative measures, subordinate regulatory acts, and better coordination among state authorities responsible for urban development. Moreover, the article assesses how current legal provisions impact the practical implementation of permitting procedures, offering a balanced perspective on their strengths and limitations. This scholarly work traces the evolution of urban planning regulatory frameworks in Ukraine, fostering critical reflection on the existing legislative environment and identifying opportunities for improvement. It proposes concrete strategies to refine legal regulations surrounding urban planning activities. Transparency in legal procedures– especially those tied to permitting–is underscored as a vital factor for improvement.The article highlights how greater transparency in these processes can streamline the management of permitting systems by aligning them with societal needs and priorities. This is presented as a foundational aspect of public administration in the context of urban planning. Additionally, effective internal management is highlighted as a key responsibility for managers, regardless of their specific managerial roles, whether linear or functional.

NATIONAL SECURITY AS AN OBJECT OF ADMINISTRATIVE AND LEGAL SUPPORT: CONCEPT AND CONTENT IN THE WORKS OF DOMESTIC RESEARCHERS

Serhii Martyniuk — Fri, 29 Aug 2025 00:00:00 +0300

The article is devoted to the study of national security as an object of administrative and legal support, offering a working definition and structural model of this object through the prism of Ukrainian legal doctrine and modern management practices in the security and defence sector. It shows that administrative law sets the regulatory boundaries, procedural logic and tools of public administration for identifying, preventing, neutralising and minimising threats, as well as determining the balance between security requirements and guarantees of human rights and freedoms.Based on a summary of the positions of domestic researchers in the field of administrative law and security studies, the content of the key elements of the mechanism is revealed: rule-making and regulatory regimes, control and supervision, administrative procedures and enforcement, interagency coordination, risk management, and digital management tools. Particular attention is paid to institutional design (the President, the Verkhovna Rada, the Cabinet of Ministers, the National Security and Defence Council, sectoral bodies), the correlation of their powers and the requirements of democratic civilian control, as well as procedural guarantees of the proportionality of administrative interventions.The author proposes a doctrinally consistent definition: national security as an object of administrative and legal support is a sphere of public-administrative relations in which the powers, procedures, regimes and means of coercion, and service mechanisms of the state and local self-government bodies aimed at protecting the constitutional order, human rights and freedoms, sovereignty, territorial integrity and the stability of critical state functions are established through the norms of administrative law.The result of the study is a framework for assessing the ’procedural stability’ of the mechanism, which combines risk-oriented regulation with due process guarantees and operational accountability metrics, suitable for implementation in regulatory and management decisions.

CORPORATE AGREEMENT: FEATURES OF CONCLUSION AND IMPLEMENTATION IN UKRAINE

Oleksandr Martyniuk, Mykola Riabchenko — Fri, 29 Aug 2025 00:00:00 +0300

The article explores the concept of corporate agreements within Ukrainian legislation, delving into their subject composition, key elements, and methods of execution. It pays particular attention to recent updates in national legal norms, notably the changes in the Law of Ukraine «On Joint-Stock Companies» and the Law of Ukraine «On Limited and Additional Liability Companies», which address corporate agreements. A detailed examination is provided regarding the procedural nuances of formulating a corporate agreement while also evaluating the current legislative framework governing corporate relations. The authors outline significant aspects that establish corporate agreements as distinct legal mechanisms within the broader domain of economic contractual relations. Furthermore, the text identifies and assesses common challenges associated with implementing corporate agreements. Core principles for ensuring compliance with contractual obligations are discussed, along with recommended liability measures for violations. A review is conducted on available methods for guaranteeing adherence to terms concerning corporate agreements. The findings of the study highlight that the imposition of martial law in Ukraine has brought about notable alterations in the regulation of contractual practices. Agreements entered into during this period feature more explicit provisions addressing force majeure, enabling parties to better anticipate risks and recalibrate contractual obligations based on the evolving circumstances. It is emphasized that while force majeure events do not absolve a party from fulfilling its contractual obligations, they can temporarily suspend performance deadlines for the duration of such events. Once these circumstances subside, the business entity is required to fully comply with the terms of the agreement.

INVESTIGATION OF CRIMINAL OFFENSES COMMITTED BY MILITARY PERSONNEL: CHALLENGES OF MARTIAL LAW AND WAYS OF ADAPTATION OF THE CRIMINAL PROCESS

Anatolii Podoliaka, Iryna Kurbatova, Ludmila Krutchenko — Fri, 29 Aug 2025 00:00:00 +0300

The study of the problems of investigating criminal offenses committed by military personnel is relevant, which has become particularly acute in the conditions of full-scale armed aggression of the Russian Federation and the operation of the legal regime of martial law in Ukraine. The article highlights the problem of the need to adapt the criminal justice system to the unprecedented challenges associated with conducting hostilities. The growth of the number of Defense Forces, extreme psychological stress and the specifics of the military environment objectively lead to an increase in the number of offenses, the investigation of which is complicated by objective (impossibility of access to the scene, loss of evidence, death of participants in the proceedings) and subjective (pressure from the command, psychological state of military personnel) factors. The article substantiates the need for a deep scientific understanding and improvement of criminal procedural legislation and law enforcement practice. The research methods were a formal-legal analysis of the norms of the Constitution of Ukraine, the Criminal and Criminal Procedure Codes, the laws of Ukraine and military statutes. The system-structural method was also used to analyze the interaction of military justice bodies and the method of case law analysis to study the key positions of the Supreme Court on the qualification of military criminal offenses, such as disobedience and desertion, which allowed us to identify complex legal dilemmas and approaches to their resolution.The article analyzes the specifics of the qualification of military criminal offenses, taking into account such aggravating circumstances as «commitment under martial law», and examines their impact on the degree of social danger of the act. The author of the article believes that ignoring this qualifying feature is a gross violation, which leads to the imposition of an unjustifiably lenient punishment. The subjective composition of military offenses, the criminological portrait of the offender and the key factors contributing to their commission are considered, in particular, the deterioration of the mental health of servicemen.The paper concludes that effective investigation of military criminal offenses in wartime requires a comprehensive approach. Special attention is paid to the concepts of «disobedience», «desertion», «extreme necessity» and «severe emotional distress» in the context of a combat situation. The feasibility of strengthening the institutional capacity of the State Bureau of Investigation is established. The author offers his own proposals for improvement, in particular, the introduction of mandatory forensic psychological examinations, the development of specialized investigation methods and amendments to the Criminal Procedure Code of Ukraine to adapt investigative actions to the conditions of combat operations, while ensuring compliance with the fundamental rights of servicemen.

PREVENTING INTERFERENCE IN THE ACTIVITIES OF THE JUDICIARY AND ENSURING THE INDEPENDENCE OF JUDGES: CRIMINAL LEGAL AND PROCEDURAL ASPECTS

Anatolii Podoliaka, Iryna Kurbatova, Volodymyr Zarosylo — Fri, 29 Aug 2025 00:00:00 +0300

The study of the problem of ensuring real, rather than declarative, independence of the judiciary in Ukraine is relevant, which is gaining particular importance in the conditions of full-scale armed aggression of the Russian Federation and the implementation of a strategic course for European integration. The article highlights the problem of insufficient effectiveness of existing criminal law and procedural mechanisms for countering interference in the activities of judges. The author emphasizes that only an impartial and impartial court is able to fulfill its main task- the administration of justice, and any illegal influence on judges undermines the foundations of the rule of law and public trust in the justice system. The article justifies the need for a comprehensive approach to protecting judicial independence, which should combine both substantive and procedural law. The research methods were formal and legal, which allowed analyzing the provisions of the Constitution of Ukraine, the Criminal and Criminal Procedure Codes, the laws of Ukraine «On the Judiciary and the Status of Judges» and «On the High Council of Justice»; systemic-structural, which was used to study the system of guarantees of judicial independence as a whole; as well as the method of analyzing scientific doctrine and empirical data, in particular reports of the High Council of Justice, which made it possible to identify typical forms of interference and problems of law enforcement.The article analyzes the composition of the criminal offense provided for by Article 376 of the Criminal Code of Ukraine «Interference in the activities of judicial bodies», in particular its object, objective and subjective parties, subject and victim. The author of the article believes that the current wording of this norm is incomplete and needs improvement. Special attention is paid to the concepts of «justice» and «interference», as well as the analysis of procedural guarantees, among which the key role is assigned to the High Council of Justice, the institution of recusal (self-recusal), security measures for participants in judicial proceedings and the potential for the digitalization of justice, in particular the functioning of the Unified Judicial Information and Communication System.The paper concludes that effective counteraction to pressure on the court is possible only under the condition of synergy of reliable criminal law prohibitions and effective procedural mechanisms adapted to modern challenges, in particular martial law. The feasibility of expanding the circle of victims of interference and strengthening responsibility for such acts committed by special subjects is established. The author offers his own proposals for improving criminal and procedural legislation aimed at creating a more reliable legal shield to protect the independence of the judiciary in Ukraine.

COMPLIANCE WITH THE PRINCIPLES OF GOOD FAITH AND FAIRNESS IN ECONOMIC AND CONTRACTUAL RELATIONS

Oleksii Yuldashev, Rostislav Shchokin — Fri, 29 Aug 2025 00:00:00 +0300

The article is devoted to the analysis of the principles of good faith and fairness as the main principles of commercial contractual law. Despite the lack of clear fixation in commercial legislation, the presence and regulatory potential of these principles are confirmed by the available normative body. Approaches to the correlation of fairness and good faith of a transaction are considered. The scientific potential for establishing a connection between honesty and fairness of a transaction based on the prism concept is revealed. The article considers the importance of the principles of good faith and fairness in the context of commercial contractual relations, focusing on their significance despite the absence of clearly established norms in the legislation of Ukraine. It is emphasized that compliance with these principles is a key condition for ensuring legal balance between the parties to business activity—they contribute to the transparency of contractual mechanisms and prevent violations that can negatively affect the stability of economic circulation.It has been established that the principles of law significantly affect contractual relations between the parties, in particular those involving business entities. However, due to insufficient research in the field of commercial law, an analysis of the relationship and influence of the principles of freedom of contract and good faith in the context of commercial contractual relations is of particular interest and scientific perspective.In the Ukrainian legal system, good faith and fairness are important means: honesty helps to avoid legal formalism, while fairness serves as a criterion for eliminating legal imbalances that arise due to excessive freedom of contracts.The author emphasizes that these principles have not only practical benefits, but also constitute a fundamental basis for improving the regulation of transactions in the business sphere. The study uses the provisions of current legislation and presents the positions of experts in jurisprudence.