Scientific Works of Interregional Academy of Personnel Management. Legal Sciences

FORCED DEPORTATION OF UKRAINIANS DURING THE RUSSIANUKRAINIAN WAR AS A CRIME AGAINST HUMANITY

Serhii Vylkov — Mon, 30 Dec 2024 00:00:00 +0200

The article analyzes in detail the legal qualification of the forced deportation of Ukrainians as a crime against humanity, in particular against the background of the ongoing Russian-Ukrainian war. The author applies a comprehensive approach to the consideration of international conventions and legal acts, including the Geneva Conventions, the Rome Statute of the International Criminal Court, as well as numerous sources that cover the problem of deportations in historical and contemporary aspects. A multidimensional method of analysis was used, which includes the study of a large number of legal documents and reports of international and human rights organizations. Considerable attention is paid to OSCE reports and Radio Liberty publications that document in detail cases of forced deportation and their impact on fundamental human rights. This is complemented by an analysis of scholarly works by other researchers who have studied similar issues, thus providing a broad overview of existing research. The article highlights deportation not only as a legal issue, but also as a serious human rights violation that includes psychological trauma and socio-economic consequences. The analysis covers the study of deportation methods, such as the use of “filtration camps” and forced displacement, and classifies these methods as gross violations of international humanitarian law. In addition to the theoretical analysis, the author aims to promote the formation of effective international legal mechanisms for bringing to justice those responsible for war crimes and crimes against humanity, which should ensure justice and restoration of violated rights. The results of the study have a significant impact on the development of policies and practices in the field of international law and human rights. The author calls on the international community to use the knowledge gained to improve the effectiveness of the response to human rights violations and to use legal instruments to combat impunity.

ANALYSIS OF THE LEGAL STATUS OF EXECUTIVE AUTHORITIES IN BUSINESS ACTIVITIES, THEIR ROLE AND FUNCTIONS

Nataliia Lavryk — Mon, 30 Dec 2024 00:00:00 +0200

The state regulation of business activity is carried out by a set of authorities, each of which uses its specific methods to ensure the stability and security of business entities. Guaranteeing the financial and economic security of enterprises involves several important aspects, including macroeconomic stability, protection of the state’s economic interests, improvement of public welfare, stimulation of investment and competition, and maintenance of national security. The role of the state today is manifested in the regulation of the market economy through legislative influence, mainly in the area of business activity. The main role in regulating business activity belongs to legal regulation. The article studies the particularities of the concept «legal status». The legal status of executive authorities in business activity is analyzed. The role of executive authorities in business activity is covered. The research findings are summarized.

HUMAN RIGHT TO LIFE THROUGH THE PRISM OF MODERN REALITIES

Вogdana Melnychenko, Julia Voronetska — Mon, 30 Dec 2024 00:00:00 +0200

The article provides a general description of the human right to life through the prism of modern realities. It is indicated that human rights and freedoms are the most important component of the universal system of values of modern humanity, an asset of civilization in the legal and political spheres, a universally recognized criterion of social and national development at the present stage. It was established that the right to life is a basic human right, enshrined in both the main international documents in the field of human rights and national constitutions. It is noted that the relevance and importance of the human right to life, its implementation and protection are obvious, because without such a fundamental right, all other rights lose any meaning. It is indicated that the full-scale armed aggression of the Russian Federation against Ukraine not only made certain adjustments to the implementation of human rights for protection, but also became at present practically the main source of violation of human and citizen rights and freedoms, as it causes material and moral damage to citizens on a daily basis, violating and destroying the usual lifestyle of Ukrainians. It was found that the protection of human rights and freedoms in the conditions of war guarantees everyone to choose one or another legal way to protect their violated rights. Human rights must be ensured by public authorities in order to ensure their realization by citizens.It was determined that the specifics of the state's obligations to protect the right to life in the conditions of military conflicts include: the issue of jurisdiction in the case of territory occupation; the list of obligations of the state during armed conflicts; the limits of the need to use force in legitimate military actions, in the conditions of the need to counter terrorist acts, the implementation of special operations; peculiarities of the investigation of facts of deprivation of life. It was concluded that the right to life should be understood as a fundamental, inalienable, absolute human right, which should be considered in two aspects: first, as a person's right to freedom from any illegal encroachments on life by the state, its representatives or private individuals; secondly, as a person's right to freely manage his own life.

THE ROLE OF THE OSCE IN IMPLEMENTING INTERNATIONAL STANDARDS FOR THE PROTECTION OF INTERNALLY DISPLACED PERSONS

Valentyna Orlenko — Mon, 30 Dec 2024 00:00:00 +0200

The article provides a detailed analysis of the role of the Organization for Security and Cooperation in Europe (OSCE) in implementing international standards for the protection of internally displaced persons (IDPs), who represent one of the most vulnerable population groups during armed conflicts and crises. It is noted that the OSCE, as the largest regional organization, has a broad mandate in matters of security and human rights protection. Its activities focus on ensuring stability, preventing conflicts, monitoring human rights violations, and supporting peacebuilding processes. International cooperation, particularly with organizations such as the United Nations High Commissioner for Refugees (UNHCR), plays a crucial role in protecting IDPs by coordinating actions and avoiding duplication of efforts. Special attention is given to the evaluation of the effectiveness of OSCE's special monitoring missions, which serve as vital mechanisms for ensuring security and human rights protection. The OSCE Special Monitoring Mission (SMM) in Ukraine, which operated from 2014 to 2022, is presented as a case study. This mission conducted impartial observations of the conflict zone and documented human rights violations, providing timely information to international partners and stakeholders for decision-making. Furthermore, the SMM facilitated dialogue between conflict parties, helping to prevent the escalation of violence. The study reveals that, despite OSCE’s significant potential in protecting IDPs, there are certain challenges. One of the key issues is the insufficient integration of local organizations and civil society into processes aimed at protecting IDPs. This creates gaps in collaboration and reduces the effectiveness of rehabilitation and integration measures for IDPs in new communities. Another major obstacle is the restricted access of OSCE missions to certain regions due to security constraints or a lack of legal instruments, complicating their operations. The article proposes several ways to improve OSCE's activities. First, strengthening cooperation with local authorities and civil society organizations, which have direct access to the affected population, is suggested. This will enable the provision of prompt assistance to IDPs and create conditions for their integration into society. Additionally, expanding the legal powers of OSCE missions is recommended to allow for more effective responses to IDP rights violations, as well as introducing special mechanisms for monitoring and protecting IDP rights at all stages of the conflict. Thus, OSCE's activities in the field of IDP protection are crucial for stabilizing post-conflict regions, but they require further improvement and closer cooperation with local and international partners to ensure maximum effectiveness.

METHODS OF QUESTIONING WITNESSES (VICTIMS) AS A FUNDAMENTAL DEFINITION OF THE FORMATION OF TESTIMONY IN CRIMINAL PROCEEDINGS

Vitaliy Osmolian — Mon, 30 Dec 2024 00:00:00 +0200

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 pre-trial investigation and at the trial of criminal cases are considered. The article examines and analyzes the methods of questioning witnesses (victims) as the main criterion for the formation of testimony in criminal proceedings and the collection of the evidence base in the criminal process of Ukraine. The author substantiates the need for effective cooperation between pre-trial investigation workers and the court for high-quality and objective performance of the tasks of criminal proceedings, compliance with the general principles of criminal proceedings and improvement of the innovative policy of Ukraine in general. Proposals for improving the tactics and methodology of witness (victim) interrogation during criminal proceedings have been formulated and given. The author has provided the scientific and practical public with his own (author's) procedural and forensic algorithm for taking testimony from witnesses (victims). The meaning and place of these novels in the system of law, criminology and the 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.

SOCIAL, FAMILY AND OTHER MASS EVENTS THAT ARE HELD IN UKRAINE AND DO NOT HAVE A POLITICAL, ECONOMIC OR OTHER BASIS

Roman Svystovych — Mon, 30 Dec 2024 00:00:00 +0200

The scientific article established that various mass events are held quite often in Ukraine. At the same time, most of them do not have an appropriate political, economic, religious or other basis. In the vast majority of these measures do not affect social processes, however, they are important for the life, mood and changes of individual individuals. The majority of these events are planned and conducted under the control of state or public organizations. Large groups of people can take part in these events, but they can also be held with a small number of people present. It is substantiated that together with the implementation of these events, there are certain changes in the social or family status of citizens, marriages, celebrations of certain events and commemorative dates. In some cases, such events try to use political parties and movements, but in the vast majority they are carried out without the influence of politicians, religious figures and other persons. Some social mass events arise spontaneously, for example, long lines for help or crowding of people before the arrival of trains, etc. It was determined that social family and other mass events should be understood as the form of functioning of society, which is characterized by the need to observe certain traditions, for example, wedding ceremonies, the beginning of a new academic year in schools or its end, etc. It was concluded that social, family and other mass events in some cases can become a detonator for their development into aggressive mass events, for example, misunderstandings in queues that lead to fights, misunderstandings between football fans after football matches, etc. Mass social events are necessary for the implementation of certain areas of providing for the population, as well as maintaining certain cultural family and other traditions.

THE SUBJECT MATTER OF THE ACTIVITIES OF UKRAINE’S CENTRAL AUTHORITIES DURING COOPERATION WITH THE INTERNATIONAL CRIMINAL COURT

Maksym Smyrnov — Mon, 30 Dec 2024 00:00:00 +0200

The article defines the subject matter of the activities of Ukraine’s central authorities, their functions, and powers during cooperation with the International Criminal Court (ICC). It emphasizes that the central authorities of Ukraine regarding cooperation with the ICC are the Office of the Prosecutor General – during investigations and court proceedings, as well as in the execution of other powers arising from Ukraine's obligations due to its recognition of the jurisdiction of the ICC and the Ministry of Justice of Ukraine – during the execution of judgments or other decisions of the ICC made as a result of case proceedings. The assertion is made that it is the central authorities of Ukraine that apply various forms and procedures of cooperation between Ukraine and the ICC, as provided by the Criminal procedure code of Ukraine and the Rome Statute of the ICC, with the aim of facilitating the investigation, criminal prosecution, holding accountable, and punishing individuals who have committed the most serious international crimes that fall under the jurisdiction of the ICC. It is noted that the powers of the central authority of Ukraine regarding cooperation with the ICC are provided in Article 618 of the Criminal procedure code of Ukraine. However, this article does not provide an exhaustive list of such powers of the central authority. Depending on the forms and procedures of cooperation with the ICC, Ukraine's central authorities may exercise other powers stipulated by the Criminal procedure code of Ukraine and the Rome Statute of the ICC. It is asserted that it is necessary to differentiate between the functions and powers of Ukraine’s central authorities as outlined in Chapters IX and IX2 of the Criminal procedure code of Ukraine. The powers of the central authority of Ukraine, as specified in Article 618 and Chapter IX2 of the Criminal procedure code, are limited to the subject matter related to cooperation with the ICC during investigations, court proceedings, and the execution of ICC decisions. Specific powers of Ukraine's central authority during cooperation with the ICC are highlighted. The thesis is argued that the functions and powers of Ukraine's central authority concerning cooperation with the ICC have particular features that are conditioned by regulatory and legal regulations and the legal basis for cooperation, as well as the subject matter of their activities.

THE CONCEPT OF INTELLIGENCE AND PECULIARITIES OF ITS CONDUCT IN THE ANTO-BYZANTINE CONFLICTS OF THE VI CENTURY

Oleksandr Sushko — Mon, 30 Dec 2024 00:00:00 +0200

The article establishes that intelligence is an important component of national security, which has deep historical roots and has evolved from simple forms of information gathering in prehistoric times to complex systems regulated by the legislation of modern states. At the same time, intelligence is now a key element of Ukraine's national security. Since 2020, the Law of Ukraine «On Intelligence» has been in force in Ukraine, which legally defines the concept of intelligence, its tasks, functions and organization. The article shows that in Ukraine, the first elements of intelligence activities were manifested in the prehistoric period and later became an important element of survival and achievement of military superiority, in particular during the Anto-Byzantine conflicts of the VI century. It is substantiated that the Antes used a wide range of intelligence methods, including agent activities, military intelligence and adaptive approaches to information gathering. Cooperation with the Hun army and interaction with Byzantium contributed to the improvement of their intelligence skills. At the same time, Byzantium used effective strategies of diplomatic intelligence, bribery and the principle of «divide and conquer», which weakened the Antes tribes. It is proved that the Byzantines considered the Antes to be dangerous opponents, so they actively used military intelligence during campaigns against them. It is concluded that the study of historical forms of intelligence activity is important for understanding modern approaches to the organization of intelligence. It is emphasized that historical experience can be useful for ensuring the national security of Ukraine, taking into account modern challenges. Prospects for further research are suggested, in particular, an analysis of the impact of historical approaches to intelligence on the formation of modern models of intelligence activity.

DIGESTS ABOUT ELECTIONS UNDER GUNSHOTS, MANIPULATION AND POPULAR SUPPORT

Ivan Flys — Mon, 30 Dec 2024 00:00:00 +0200

The article, based on the analysis of sociological research conducted in 2021-2023 by independent public centers, proves that with the development of information flows (a leading characteristic of a new type of society), social networks and messengers as a tool of political manipulation acquire special importance. Social networks become part of any political process and create a virtual environment that changes the existing political reality. Mass media are forming a new political reality, in which manipulation technologies are turning into a key tool for controlling the political behavior of the masses. A comprehensive review of research into the phenomenon of manipulative technologies, its evolution and adaptation and reconstruction in accordance with current requirements, indicate the need to use «transparent» «clean» electoral technologies in the electoral process, which turn into a key tool for controlling the political behavior of the masses. The role of language means in the process of manipulation and the influence of the political discourse of mass media on the formation of public opinion, the use of various methods, in particular such as normalization, euphemisms, precedent phenomena, and others, are determined. Realizing that the art and technology of manipulation consists in creating conditions for misleading the object of manipulation (for example, voters or other subjects of political activity) with whom there are competitive relations, the politicaltechnological foundations of political manipulation must be identified and cut down on the basis the use of material resources and not only means, as well as informational and analytical training and consulting support for the political activity of all members of society. The relevance of this study lies in the fact that in Ukrainian society there is distrust of the authorities and the opposition, and political forces want to gain power in the elections. Therefore, during the elections, technologies that are able to ensure the loyalty of voters are put forward in the first place.

NON-SPEECH TOOLS OF LEGAL REGULATION

Stanislav Sheptukhovskyi — Mon, 30 Dec 2024 00:00:00 +0200

The properties of the text as a means of communication in norm-making and law enforcement are considered. Certain informative acts are not verbal behavior, but acquire legal significance due to the indication in the legislation, the communicative situation and their ability to express intent or a will. Means that are neither oral or written text, nor any other speech act: visual or sound signals, (non-textual) symbols, gestures, symbols, coloring, marking, etc. are in fact a part of legal communication, including legal regulation. The silence is also non-verbal act. In a legal communication it manifests itself as irregularity – due to the complete absence of a norm or its formulation in a deliberately undefined way – is a legally significant silence of a legislator. Silence can express (presume) consent (in an administrative procedure), permission (within the general permissive principle) or prohibition (in the case of a special legal approach). The issue of the possibility of full or partial consolidation of a legal norm by non-textual means was raised. It is noted that legal certainty, as a criterion of the quality of legislation in non-textual legal regulation, is provided by the specification of the situation (its narrowing, which corresponds to the function of the «hypothesis» of the legal norm and the «context» in speech) of the use of non-speech means, their previous equal assimilation by the participants of legally significant communication. In the absence of consensus, the advantages of such means - instant perception, intuitive comprehensibility – are lost, the corresponding «visual» or «sonorous» norm becomes legally uncertain. It is noted that non-language means are used within the framework of custom. The prospects for expanding the subject of linguistic expertise are outlined and it is noted that the interpretation of non-verbal means of legal communication can be entrusted, in particular in civil proceedings, to a legal expert.