Scientific works of Kyiv Aviation Institute. Series Law Journal "Air and Space Law"

LEGAL GUARANTEES OF THE PROTECTION OF PRIVATE LIFE IN THE CONDUCT OF COVERT INVESTIGATIVE (SEARCH) ACTIONS IN THE CRIMINAL PROCEDURE OF UKRAINE: INTERNATIONAL STANDARDS AND THE CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS

2026-04-30T15:34:22+03:00

The purpose of the article is to examine the legal guarantees of the protection of private life during the conduct of covert investigative (search) actions in the criminal procedure of Ukraine, as well as to analyze international standards and the case law of the European Court of Human Rights regarding the admissibility of state interference in the private sphere of an individual.

The relevance of the study is обусловлена (driven by) the need to ensure a balance between the effectiveness of criminal prosecution and the protection of fundamental human rights, as the use of covert procedural measures involves significant interference with private life.

The article analyzes the legal nature of covert investigative (search) actions as a form of procedural interference in the private sphere and determines their place within the system of criminal procedural evidence. Particular attention is paid to judicial control as a key guarantee of the protection of human rights and freedoms, as well as to the powers of the investigating judge in deciding on the authorization of such actions.

The study examines international standards for the protection of the right to respect for private life and the case law of the European Court of Human Rights, in particular the approaches to assessing the legality, necessity, and proportionality of interference. It is established that the effectiveness of legal guarantees largely depends on the substantive nature of judicial control and the proper application of the principle of proportionality.

Research methods: the study employs a combination of general scientific and special legal methods, including the formal-legal method for analyzing the norms of Ukrainian criminal procedural legislation, the comparative-legal method for comparing national regulation with international standards and the case law of the European Court of Human Rights, and the systemic-structural method for determining the place of covert investigative (search) actions within the system of criminal procedural evidence. Results: it has been established that the effectiveness of legal guarantees for the protection of private life during the conduct of covert investigative (search) actions depends on the substantive nature of judicial control and the proper justification of the proportionality of interference. A tendency toward the formalization of judicial control and insufficient substantiation of the necessity of interference in the private sphere has been identified. Discussion: the obtained results indicate the existence of problems in ensuring effective judicial control, which does not fully comply with the standards of the European Court of Human Rights. This necessitates the improvement of Ukrainian criminal procedural legislation and its application in order to ensure an appropriate balance between the interests of criminal justice and the protection of human rights.

MORAL RESPONSIBILITY OF PARTICIPANTS IN CRIMINAL PROCESS

2026-04-30T15:44:36+03:00

The purpose of the article is to investigate the moral responsibility of participants in a criminal process as a key element in ensuring justice and ethics of justice, to analyze the essence of the concept of «morality» and the theoretical foundations of moral responsibility, as well as the relationship between law and moral principles, which allows revealing the fundamental relationships of ethical norms with criminal legislation. Research methods: the article employs a set of general scientific and special legal research methods. The dialectical method was used to examine the relationship between morality and law; the formal-logical method was applied to define the concepts of «morality» and «moral responsibility»; the systemic-structural method was used to consider moral responsibility as an element of criminal procedure. The formal-legal method was applied in the analysis of the provisions of the Constitution of Ukraine, Criminal Procedure Code of Ukraine, and Criminal Code of Ukraine, while the comparative-legal method was used to compare national legislation with international standards. The methods of analysis and synthesis were employed to generalize scholarly approaches and formulate conclusions. Results: the conducted research indicates that the moral responsibility of participants in a criminal process is a necessary condition for the implementation of the principles of the rule of law, legality, impartiality and humanism. It was established that the activities of a judge should be based on the principles of independence, justice and integrity; prosecutor – on the principles of objectivity, honesty and serving the public interest; lawyer – on the principles of professional ethics, confidentiality and legality; investigator – on the principles of respect for human rights and prevention of abuse of power. It is substantiated that not only the quality of justice, but also the level of public trust in the law enforcement and judicial system as a whole depends on the level of moral awareness of each participant in the process. Discussion: the modern criminal procedural legislation of Ukraine contains legal mechanisms to ensure the proper behavior of participants in the process, but the effectiveness of their implementation largely depends on the internal moral beliefs of law enforcement subjects. It is proven that moral responsibility is an important element of legal culture, and its strengthening is a necessary prerequisite for the humanization of criminal justice and increasing public trust in justice. The conclusion is made about the expediency of improving the ethical standards of professional activity of participants in the criminal process as one of the directions of development of a modern legal state.

CRIMINAL LAW ASPECTS OF PROSTITUTION

2026-04-30T16:02:57+03:00

The purpose of the article is to analyse the provisions of Articles 203 and 204 of the Polish Criminal Code and Article 142 of the Polish Code of Petty Offences governing the crimes of: forcing to prostitution, procuring, facilitating prostitution for a profit, taking economic benefits from prostitution, and the petty offence referred to as «offering sexual services in an importunate way». Research methods: the main research method is the legal-dogmatic method. Results: the analysis covers various issues related to criminal liability for offences involving exploitation of prostitution, i.e. forcing to prostitution (Article 203 of the Criminal Code), procuring, facilitating prostitution for a profit, taking economic benefits from prostitution (Article 204 of the Criminal Code) and the petty offence under Article 142 of the Code of Petty Offences. The focus was mostly on the interpretation of the statutory elements of the offences in question, taking into account the interpretative discrepancies in this regard that have emerged among criminal law scholars. The main body of the study was preceded by general remarks concerning the concept of prostitution and an overview of the legal systems governing prostitution. Discussion: the concept of prostitution is not uniformly defined. Sometimes doubts arise whether certain sexual conduct may be referred to as prostitution. Due to the fact that prostitution as such is not a criminal offence in Poland, difficulties may arise in determining the legal interest protected by the provisions penalising acts involving the exploitation of prostitution. Other doubts may arise in the context of, among other things, whether a single act meets the criteria for facilitating prostitution for a profit; whether procuring and facilitating prostitution constitute formal offences (not requiring a consequence to occur) or material offences (requiring a consequence); and whether the offence of inducing another person to engage in prostitution can be committed with dolus eventualis.

MORAL AND ETHICAL QUALITIES OF A JUROR AND METHODS OF ENSURING THEIR COMPLIANCE IN COURT PROCEEDINGS

2026-04-30T16:16:36+03:00

The purpose of the article is to study the problem of insufficient regulation of the moral and ethical qualities of jurors in domestic legislation, to determine the significance of these qualities for the functioning of the jury trial and to develop proposals for improving the national system of jury selection. The paper substantiates the thesis that the moral and ethical characteristics of juror candidates have a direct impact on the fairness of court decisions, the level of citizens’ trust in the judicial system and the legitimacy of the trial in general. Research methods: to achieve the goal, a set of methods of scientific knowledge was used, in particular: comparative legal analysis - to compare Ukrainian requirements for juror candidates with foreign experience, primarily the American voir dire procedure, which allows the court and the parties to assess the moral qualities and possible bias of candidates; systemic and structural approach - to determine the place of moral and ethical qualities in the general system of legal guarantees of a fair trial; logical-legal and generalizing methods – for formulating proposals for improving the legislative provisions regulating the institution of juries. In addition, ethical analysis was applied to identify the relationship between the personal moral values of a juror and his behavior in the trial. Results: it is proven that the current requirements for jury candidates in Ukraine are mainly formal and do not provide an adequate level of moral verification. As a result, it is possible for individuals who do not have sufficient moral maturity, critical thinking or awareness of social responsibility for the decisions made to be included in the jury. The author analyzes the positive and negative aspects of the American voir dire procedure, noting that despite the risk of subjectivity, it creates real mechanisms for screening out biased or morally dubious candidates. Based on this experience, a set of measures is proposed to improve the Ukrainian model: formation of jury lists exclusively from among volunteers; introduction of additional criteria of moral suitability (in particular, taking into account reputation, social authority, previous experience of public activity, absence of criminal records and addictions); establishment of a minimum level of education; conducting short-term training or ethical briefing before performing duties. The importance of granting the candidate the right to refuse participation without administrative or social pressure is separately emphasized. Discussion: the study determined that the moral and ethical qualities of a juror - such as impartiality, honesty, responsibility, ability to empathy and self-control - are the basis for an objective consideration of the case. Their absence can lead to a distortion of justice and loss of trust in the institution of a jury trial. The author emphasizes that a juror must be not only formally law-abiding, but also morally stable, able to make decisions guided by a sense of justice, and not by emotions or external influence. It is proposed to focus on international ethical standards, in particular the Bangalore Principles of Judicial Conduct, which can serve as a methodological basis for creating a code of ethics for jurors. The conclusions substantiate that the future expansion of the institute of jury trials in Ukraine requires a revision of the current draft law, taking into account the proposed mechanisms of moral and ethical control. This will contribute to improving the quality of justice, strengthening the legitimacy of judicial decisions and building public trust in the judiciary.

AIRSPACE CLOSURE IN ARMED CONFLICT ZONES: GUARANTEES OF CIVIL AVIATION SAFETY AND LEGAL CONSEQUENCES

2026-04-29T20:24:28+03:00

Purpose: the purpose of the article is to conduct a comprehensive analysis of the legal nature and consequences of airspace closure during armed conflicts. The work aims to study the balance between the realization of state sovereignty and the international legal obligation to ensure flight safety, as well as to identify economic and systemic deformations arising in the global aviation structure as a result of the restriction of the "freedoms of the air." Methodology: the methodological basis of the research consists of a combination of general scientific and special legal methods of cognition. The dialectical method is applied to analyze airspace closure as a combination of a state's sovereign right and legal obligation. The formal legal method is used in studying the content of Articles 1, 9, and 89 of the Chicago Convention and the norms on the international responsibility of states. The systemic-structural method allowed for examining the interaction of states, international organizations (ICAO, IATA), and air carriers in the risk management process. The forecasting method is applied to justify the implementation of transitional airspace use regimes and compensation mechanisms in the post-conflict period. Results: it is established that airspace closure during an armed conflict is a legitimate instrument of international law based on the concepts of military necessity and public safety in accordance with Article 9 of the Chicago Convention. It is proven that the implementation of this mechanism leads to a series of critical consequences at various levels. In particular, in the subjective aspect, the state becomes an object of potential international legal responsibility for the timeliness and justification of the imposed restrictions, which requires continuous threat monitoring. The economic and legal aspect of the results indicates that the suspension of the "freedoms of the air" leads to a forced redistribution of global aviation flows, inevitably resulting in increased operational fuel costs, a critical decline in transportation profitability, and a significant increase in insurance premiums. At the systemic level, it is revealed that the transformation of the international route architecture acts as a catalyst for improving ICAO standards (SARPs) and stimulates the integration of technological innovations, such as satellite navigation systems, which ensure flight accuracy and controllability even in areas with destroyed ground infrastructure. Discussion: it is emphasized that in the context of globalization, airspace is no longer an isolated system. The main subject of discussion is the redistribution of responsibility: whether it is sufficient to place risk assessment solely on airlines, or whether the state, as a sovereign, should be the primary guarantor of safety. Attention is focused on the need to change the legal doctrine: from a simple statement of the fact of airspace closure to the development of post-conflict rehabilitation algorithms. The creation of international legal instruments to compensate for damages to states whose aviation infrastructure has been destroyed, and the clear definition of the parties' liability for violating international air law norms during conflicts, remain important issues.

ADMINISTRATIVE CONTRACT: SUBJECT-MATTER AND LEGAL CHARACTERISTICS

2026-04-30T11:18:47+03:00

Purpose: the study aims to research and analyze the content of the subject matter of an administrative contract, its features, and potential applications within the activities of administrative-legal entities in Ukraine, taking into account current regulatory acts. Methods: the methodological framework of this research comprises general scientific and specialized legal methods of cognition, including phenomenological, comparative-legal, sociological, logical, dialectical, formal-dogmatic, structural-functional, historical, and systemic-structural approaches. The application of these methods allowed for the analysis of various conceptual approaches to understanding the content and functional purpose of administrative contracts. Results: the study of administrative contract issues has enabled the substantiation of several conclusions, recommendations, and proposals. Specifically, the concept and content of the subject matter of an administrative contract have been specified; an analysis of particular features of the administrative contract has been conducted; criteria for the classification of administrative contracts have been proposed; the prospects for using administrative contracts have been substantiated; and ways for further improving the subject matter of the administrative contract have been identified. Discussion: the results of examining the practice of using administrative contracts indicate the need for further scientific analysis of their content, legal definition, and procedural regulation within the field of public administration. An objective necessity for the further development of contractual regulation in public-law relations remains the improvement of their legal forms-primarily administrative-law prohibitions. Promising areas for expanding the content of administrative contract components include the legal regulation of amendments, supplements, suspension of action, and invalidation. The researched scientific ideas can serve as a basis for improving the activities of the public administration and public management bodies as a whole.

THE SYSTEM OF NON-STATE PENSION PROVISION: FOREIGN EXPERIENCE OF FUNCTIONING AND PROSPECTS FOR IMPLEMENTATION IN UKRAINE

2026-04-30T12:33:23+03:00

The purpose of the article is analyzing the system of non-state pension provision and the prospects for its implementation in Ukraine. Research methods: the chosen topic of scientific research requires the use of various scientific methods and approaches to obtain qualitative results. Therefore, the following research methods were used to solve the tasks: analysis; system method; analytical, etc. Results: the analysis of international practice allows us to formulate a number of generalized conclusions, in particular, the effective functioning of the system of non-state pension provision is possible only under the condition of a high level of citizens' trust in financial institutions, an important factor is the use of tax incentives that motivate citizens and employers to participate in savings programs, the active role of employers and, finally, the development of digital technologies plays a significant role, which simplify citizens' access to financial services and increase the level of transparency of the system. Discussion: the formation of non-state pension systems in different countries took place under the influence of a complex of factors, among which an important place is occupied by economic development, demographic structure of the population, the level of formation of financial markets, as well as the peculiarities of the social policy of the state. That is why the analysis of international experience is important for the formation of a promising model of non-state pension provision in Ukraine.

GENESIS AND STATE OF LEGAL RESEARCH OF THE CONCEPT OF ADMINISTRATIVE PROCEDURES

2026-04-30T12:42:22+03:00

The purpose of the article is analyzing the genesis and state of legal research of the concept of administrative procedures. Research methods: the chosen topic of scientific research requires the use of various scientific methods and approaches to obtain qualitative results. Therefore, the following research methods were used to solve the tasks: analysis; system method; analytical, etc. Results: Ukrainian studies of administrative procedure are characterized by a high level of fundamentality and scientific elaboration. They have significantly influenced the development of administrative procedural law and legislation, becoming the basis for the development of a normative model of legal regulation in this area. Discussion: domestic scientific research of administrative procedure as an independent object related to the analysis of other aspects of administrative law is conventionally attributed to the 1980s. It was distinguished by a high theoretical level, scientific novelty and complexity of coverage of problems. The authors define management procedures, investigate their significance for the management mechanism and pay attention to rule-making, planning and budgetary, law enforcement, control and jurisdictional procedure. Since the 1990s, numerous scientific works have appeared in which researchers express modern views on the administrative procedure, its meaning and place in the system of administrative law. The administrative procedure appears as a separate theoretical and legal problem that requires careful analysis and solution. It has received a special impetus to the development of this doctrine over the past decade in connection with the process of European integration and administrative reforms.

INVOLVEMENT OF MILITARY CONSERVANTS TO ADMINISTRATIVE LIABILITY IN UKRAINE: CONFLICT OF LEGISLATION AND COMPLICATIONS OF LAW ENFORCEMENT

2026-04-30T12:59:04+03:00

The purpose of this study is a comprehensive scientific and legal analysis of the mechanism of bringing military personnel to administrative responsibility in Ukraine under the legal regime of martial law. Particular attention is paid to identifying systemic conflicts and gaps in the current legislation, as well as identifying key problems of law enforcement that arise in the process of implementing administrative responsibility of this category of persons. The study is aimed at the systematic identification of regulatory inconsistencies, establishing the causes of their occurrence and substantiating ways to overcome them, in particular, at the formulation of proposals for improving legislation. The methodological basis of the study is a set of general scientific and special legal methods. In particular, the formal legal method was used to analyze the content of regulatory legal acts; the system-structural method allowed to identify internal connections between the norms of administrative and special legislation; the comparative legal method was used to compare the norms of legislation; the method of analyzing judicial practice was used to establish trends in law enforcement; The method of generalization and scientific forecasting allowed to formulate recommendations for improving the legislation and the practice of its application. Results: it was established that the current administrative legislation of Ukraine contains a number of conflicts and gaps that complicate the effective bringing of military personnel to administrative responsibility. Judicial practice indicates a different approach to the application of norms, which causes difficulties in law enforcement and creates legal uncertainty. Discussion: a general discussion of the issues demonstrates that such a study is necessary to ensure the proper fulfillment by citizens of Ukraine of the constitutional obligation to protect the Fatherland and the effective implementation of mobilization measures in the legal regime of martial law. Analysis of the current legislation and the practice of its application demonstrates the presence of systemic conflicts that create legal uncertainty, complicate the implementation of the rights and obligations of military servicemen and emphasize the need to improve regulatory and legal regulation and ensure a uniform, consistent and predictable practice of bringing to administrative responsibility.

THE SIGNIFICANCE OF THE INTERNATIONAL COMMITTEE OF THE RED CROSS IN ENSURING HUMAN RIGHTS IN UKRAINE DURING THE TIME OF ARMED CONFLICT

2026-04-30T13:18:55+03:00

The purpose of the article: to analyze the current state of constitutional and legal regulation of ensuring human rights during armed conflict. To investigate the significance of the International Committee of the Red Cross in ensuring human and civil rights in Ukraine during the armed conflict. Research methods: the research method was the formal-legal method, which analyzed the current legislation of Ukraine and international regulatory legal acts in the field of constitutional and legal regulation of the protection of human rights in Ukraine during the legal regime of martial law, and the method of statistical research, which collected, processed and analyzed information. Results: the analysis shows that the International Committee of the Red Cross plays an extremely important role in the protection of human rights during the armed conflict in Ukraine. Thanks to its humanitarian activities, the organization helps millions of people affected by the war. The ICRC provides humanitarian aid, supports medical institutions, promotes the search for missing persons and monitors compliance with international humanitarian law. Its activities are an important element of the international system for the protection of human rights. Further support for the activities of humanitarian organizations is a necessary condition for reducing the negative consequences of war and protecting the civilian population.

ON THE PECULIARITIES OF THE LABOUR FUNCTION OF ACADEMIC AND TEACHING STAFF

2026-04-30T13:29:07+03:00

The purpose of the article is to determine the peculiarities of the labour function of academic and teaching staff. Research methods: documentary analysis and synthesis, cognitive-analytical method, as well as methods of systematization and generalization. Results: it has been established that the labour function of academic and teaching staff is multifaceted and complex. The heterogeneity of their labour function is also reflected in the peculiarities of their working time, which includes not only the time of the educational process itself, but also preparation for classes (which requires systematizing scientific and didactic material and incorporating it into teaching methodology), research activities, retraining and professional development. This significantly exceeds the standard limits of working time established for this category of employees. The recording of these types of activities is minimized. Thus, despite the statutory limitation of the maximum working time for academic and teaching staff, in practice they are compelled – if they wish to remain competitive – to work at maximum capacity. Discussion: the view is put forward that the standardisation of working hours for academic and teaching staff requires improvement. The specific nature of the work of academic and teaching staff is determined by the fact that work is measured not only by time but also by the completion of a specific volume of work, as defined by an individual plan. Therefore, these parameters (time and volume of work) must be in an optimal balance.

It is noted that the diverse areas of activity of academic and teaching staff require significant time investment and a wide range of experience. In order to use working time efficiently while performing all types of work within the labour function (especially research and teaching-methodological activities), a high level of self-organization is required. The establishment of standards (performance criteria) should be accompanied by proper justification, calculations and forecasting, as well as an assessment of the legal and social consequences of their implementation.

SECURITY OF CLAIM IN COMMERCIAL AND CIVIL PROCEEDINGS

2026-04-30T13:43:02+03:00

The purpose of the article is to identify problems in application of the institution of securing a claim in civil and commercial proceedings and judicial practice and to formulate proposals for their resolution. Research methods: the main scientific methods - dialectics, formal logic, system analysis - were used to clarify the content, role, and gradual development of the institution of securing a claim in civil and commercial proceedings. The method of comparative analysis allowed us to identify common, special, and distinctive features in securing a claim in civil proceedings as opposed to commercial proceedings. The structural-functional method, together with the analysis method, was used to study the types of claim security and their interrelationships, effectiveness, identification of law enforcement problems, and formulation of recommendations for improving the institution of claim security. Results: the expediency of the existence of the institution of securing a claim is argued; common types of securing a claim in civil and commercial proceedings are outlined, as well as the features of their content and application are revealed; modern judicial practice regarding securing a claim is analyzed; the content of the main types of securing a claim is revealed; it was found that certain types of securing a claim in civil proceedings are ineffective in martial law; it was found that additional procedural restrictions were introduced for the application of securing a claim in martial law; proposals were made to improve the application of securing a claim. Discussion: securing a claim at different stages of civil and commercial proceedings; proportionality of types of securing a claim; criteria for the appropriateness of applying securing a claim; abuse of securing a claim and counter-securing.

PROBLEMOUS ASPECTS OF THE LEGAL REGIME OF ARTIFICIAL INTELLIGENCE: THEORY AND PRACTICE

2026-04-30T14:01:21+03:00

The purpose of thіs artіcle іs tо stиdy the problematic aspects of the legal regime of artificial intelligence, from the standpoint of theory and practice. Fоr thіs purpоse, the definitions of “digital technologies”, “artificial intelligence”, “legal regime of artificial intelligence”, “legal personality” of artificial intelligence were analyzed. The problems of legal regulation of artificial intelligence technologies and their practical significance were also considered, taking into account international experience. Research methods: general scientific and special methods of scientific knowledge. The use of these methods made it possible to analyze the features of the legal regime of artificial intelligence technologies and describe its problems, taking into account international experience. Results: artificial intelligence requires comprehensive legal regulation, which will establish clear boundaries for its use and introduce effective control mechanisms; formulation of proposals for improving current national legislation, taking into account global trends in the legal regulation of artificial intelligence; implementation of international experience and development of special legislation will ensure a balance between technological progress and protection of citizens' rights. Discussion: the development of artificial intelligence technologies is accompanied by a number of possible threats to participants in private and public legal relations, in particular, the provision of inaccurate information, failure to fulfill contractual obligations, a threat to health, violation of the right to a fair trial and overloading the judicial system. Of particular concern are the consequences of the use of artificial intelligence in areas that directly affect human rights, in particular, medicine and justice. It is understood that errors in artificial intelligence technology algorithms can lead to negative consequences, including violation of the rights of an individual, causing harm to him and legal liability for such harm. It should also be taken into account that the automation of judicial processes cannot completely replace the human factor, since artificial intelligence does not possess the moral principles and professional ethics necessary for the administration of justice.

LEGAL REGULATION OF AI-GENERATED WORKS: A COMPARATIVE ANALYSIS

2026-04-30T14:24:41+03:00

The purpose of the article is to provide a comprehensive comparative legal analysis of the regulation of AI-generated works across selected jurisdictions, including the United States, the United Kingdom, Japan, Ukraine, the European Union, Canada, China, and Australia, in order to identify common trends, key divergences, and potential directions for the harmonization of intellectual property law in the context of artificial intelligence. Research methods: combination of general scientific and special legal methods. In particular, the method of comparative legal analysis was employed to examine differences in national approaches to the regulation of AI-generated works across various jurisdictions. The method of documentary analysis was applied to the examination of legislative acts, judicial decisions, and policy documents governing intellectual property and artificial intelligence. In addition, the methods of synthesis and generalisation enabled the formulation of conclusions regarding current trends and future prospects in the legal regulation of AI-generated works. Results: the main legal approaches to determining the legal status of works created by artificial intelligence differ significantly depending on the jurisdiction; however, in most legal systems, the principle of human authorship remains a mandatory prerequisite for granting legal protection. At the same time, a considerable degree of legal uncertainty has been identified regarding issues of authorship, ownership rights, and liability for the use of such outputs. Discussion: the legal regulation of artificial intelligence and AI-generated works is currently undergoing active development in many countries. At the same time, the absence of unified international standards creates significant divergences in national approaches and may complicate the cross-border use of AI-generated content.

PROPERTY RIGHTS OF SPOUSES THROUGH THE PRISM OF THE TRANSFORMATION OF THEIR JOINT PROPERTY

2026-04-30T14:43:33+03:00

The purpose of the article is to improve the protection of property rights of spouses by clarifying effective legal mechanisms for restructuring such rights in the process of transforming their joint property. Research methods: the method of complex analysis, comparative law and logical-legal was used when studying regulatory legal acts and judicial practice on the topic of research, identifying conflicts in legal regulation. Formal-legal and structural-functional methods were used to establish the features of the contractual regulation of the restructuring of property rights of spouses. Results: the key provisions of the Family and Civil Codes of Ukraine, which regulate the joint property of spouses and the methods of dividing their joint property (including the allocation of shares, compensation mechanisms and distribution of corporate rights), are analyzed; the approaches to the division of marital property in court, formed by judicial practice, are clarified; the problematic issues of restructuring the property rights of spouses in the process of transforming their joint property are outlined; revealed conflicts between family and corporate legislation in the legal regulation of property rights of spouses; emphasized the importance of the marriage contract and property division agreements for regulating property relations of spouses; identified preventive restructuring of property rights in the marriage contract and in particular monetary compensation as effective ways to protect the property rights of spouses during the division of their property. Discussion: dispositive and jurisdictional procedures for restructuring property rights during the division of marital property; compensatory model for restructuring property rights; presumption of community of income received by an individual entrepreneur during marriage; corporate rights as an economic asset subject to fair redistribution taking into account the principles of equality of shares, good faith, and balance of private and corporate interests.

SIMPLIFIED CLAIM PROCEEDINGS IN CIVIL PROCEDURE AS A TOOL FOR PROTECTING THE NON-PROPERTY RIGHTS OF AN INDIVIDUAL IN CIVIL LEGAL RELATIONS

2026-04-30T15:07:51+03:00

The purpose of the article is to provide a comprehensive legal analysis of simplified claim proceedings in the civil procedure of Ukraine as an instrument of judicial protection of the non-property rights of an individual in civil legal relations, to clarify the criteria of admissibility and the limits of its application in the relevant category of disputes, to identify problems of law enforcement (in particular, the risks of formally classifying non-property disputes as “minor cases”), and to develop practical recommendations for ensuring a balance between procedural economy and the guarantees of a fair trial. Research methods: the study employs a set of general scientific and special legal methods. In particular, the methods of analysis and synthesis are used to examine the provisions of the Civil Procedure Code of Ukraine and doctrinal sources; the formal legal method is applied to interpret procedural rules regarding the grounds and procedure for hearing cases under simplified proceedings; the comparative legal method is used to correlate national approaches with general fair-trial standards and the practice of applying proportionality criteria; the systemic approach serves to consider simplified proceedings as an element of the mechanism of judicial protection of rights in civil legal relations; and the generalization method is used to formulate recommendations taking into account typical practical situations. Results: the legal nature of simplified claim proceedings and its functional role in ensuring prompt and effective protection of personal non-property rights are analyzed. With due regard to the specifics of non-property disputes, the article focuses on how instruments of procedural economy (written proceedings, shortened time limits, and procedural restrictions) affect the practical effectiveness of protecting such rights as honor and dignity, business reputation, privacy, personal data protection, image rights, and family-related non-property rights. Criteria for choosing the procedure (proportionality, complexity of the dispute, significance of the case for the parties, the need for an oral hearing, and the nature of the evidentiary basis) are identified, and the risks of lowering adversarial standards and the reasoning quality of court decisions in the case of formal application of the simplified procedure are outlined. Practical ways to improve application are proposed: proper reasoning of the ruling on choosing the simplified procedure; ensuring the parties’ right to initiate a transfer to ordinary proceedings; more active use of remote participation formats as an alternative to adjournments; and identifying indicators of increased complexity in non-property disputes to unify approaches. Discussion: criteria and grounds for applying simplified claim proceedings; guarantees of adversarial procedure, the right to present evidence, and the right to receive a reasoned decision in non-property disputes; determining “minor cases” in disputes without a pecuniary dimension; the relationship between the speed of adjudication and the quality of judicial protection; and practical approaches to unifying judicial practice in disputes concerning the non-property rights of an individual in civil legal relations.

THE EVOLUTION OF THE MARRIAGE CONTRACT IN THE CONTEXT OF THE RECODIFICATION OF THE CIVIL LEGISLATION OF UKRAINE

2026-04-30T15:18:21+03:00

Objective: to conduct a comparative analysis of the provisions of the current Family Code of Ukraine with the draft Law of Ukraine “On Amendments to the Civil Code of Ukraine in Connection with the Update (Recodification) of Family Law Provisions,” to perform a critical analysis, and to identify the main changes. Research methods: the comparative legal method was used to compare the provisions of the current Family Code of Ukraine with those of the draft Law of Ukraine “On Amendments to the Civil Code of Ukraine in Connection with the Recodification of Family Law,” which made it possible to identify key differences and innovations in legal regulation. The formal-legal method was used to analyze the content of legal norms, their structure, legal drafting techniques, and the specifics of their wording. Using the systemic-structural method, the interrelationships between the norms of family and civil legislation were examined, as well as the place of the proposed changes within the general legal system. The legal modeling method allowed for an assessment of the potential consequences of implementing the proposed changes and their impact on legal practice. In addition, an analytical method was applied to evaluate the feasibility and effectiveness of the proposed legislative changes and to identify their advantages and disadvantages. Results: a comparative analysis was conducted of the provisions of current Ukrainian legislation governing the institution of the prenuptial agreement with the provisions of the draft Law of Ukraine “On Amendments to the Civil Code of Ukraine in Connection with the Update (Recodification) of Family Law Provisions.” The main changes proposed by the draft law were examined, in particular regarding the parties entitled to enter into a marriage contract, the content and limitations of its terms, the legal regime of marital property, as well as the procedure for amending, terminating, and dissolving the contract. The article analyzes the new provisions regarding the regulation of the legal regime of the family home, the clarification of rules concerning property acquired after the conclusion of the agreement, as well as the introduction of the possibility of terminating a marriage contract by mutual consent of the parties without judicial intervention. It is determined that the proposed changes are aimed at expanding the principle of freedom of contract in the property relations of spouses while simultaneously preserving mechanisms to protect the interests of children and the family home. It is concluded that the recodification of family law provisions contributes to the systematization and modernization of the legal regulation of the institution of the marriage contract, ensuring a more flexible regulation of property relations between spouses and the harmonization of family and civil law. Discussion: a comparative analysis of the provisions of the current Family Code of Ukraine and the draft recodification reveals a shift in the conceptual approach to the regulation of family relations, particularly their integration into the civil law system. The proposed amendments expand the discretionary nature of legal regulation and the autonomy of the parties, which aligns with contemporary trends; however, this simultaneously creates risks of ambiguous interpretation and complicates the application of the law. In this regard, the draft requires further refinement to ensure a balance between regulatory flexibility and an adequate level of protection for the rights of parties to family relations.

DISCUSSION OF TERMINOLOGICAL CONSISTENCY OF REGULATORY AND LEGAL SUPPORT OF THE ACTIVITIES OF THE MARITIME GUARD OF THE STATE BORDER SERVICE OF UKRAINE

2026-04-29T20:51:52+03:00

The purpose of the publication is to outline the objective need for institutionalization and legislative consolidation of the terminological definition of the concept of maritime protection of the State Border Guard Service of Ukraine, taking into account the range of functional and operational-service tasks performed. Research methods: the methodological framework of the study is based on a combination of general scientific and specialized legal methods of scientific inquiry. In particular, the dialectical method was applied to analyse the development of legal regulation governing the activities of the Maritime Guard of the State Border Guard Service of Ukraine in connection with the transformation of the national security system. The system method was used to determine the place and role of the Maritime Guard within the structure of the State Border Guard Service of Ukraine and within the overall system of maritime security provision. The formal legal method was employed to analyse the current regulatory legal acts governing the activities of the State Border Guard Service of Ukraine and its maritime guard units. The comparative legal method enabled the comparison of provisions across different regulatory legal acts in order to identify gaps and terminological inconsistencies in legal regulation. The results of the study justify the need to amend the current regulatory framework governing the activities of the State Border Guard Service of Ukraine in maritime protection. Propositional nature of the legislative consolidation of the complex terminological definition of the studied structural unit within the State Border Guard Service of Ukraine. Discussion highlights the innovations introduced into the legal understanding of the place and role of maritime protection bodies as constant components in ensuring the security and stability of Ukraine's water borders within the framework of Ukraine's national security priorities.

JUDICIAL ENSURANCE OF THE PRINCIPLE OF EQUALITY BEFORE THE LAW

2026-04-29T21:06:45+03:00

Purpose: to conduct research on the problem of judicial enforcement of the principle of equality of rights by analyzing and summarizing scientific research and relevant case law of the Constitutional Court of Ukraine, the Supreme Court and the European Court of Human Rights and to determine the main standards and legal positions of judicial proceedings. Research methods: comparative law, system-structural, analysis and summarization of scientific works and court decisions, interpretation, etc. Results: the relevance of judicial enforcement of the principle of equality as a key mechanism for its implementation has been established. The following main aspects of judicial proceedings as an effective means of protecting the right of a person and a citizen to equality and achieving equal and non-discriminatory access of citizens to the court have been identified. The feasibility of studying the issue of interaction between three levels of judicial enforcement - constitutional, cassation and international - has been substantiated. Discussion: the study of a single system of judicial instances as subjects of formation of the content of the principle of equality allowed to specify the criteria of permissible differentiation, to form standards of justification of differential treatment and to determine the limits of the discretion of the state. It was established that judicial practice acquires the status of an indicator of the effectiveness of the real level of ensuring equality, the sensitivity of the legal system to new forms of inequality and the degree of implementation of European standards. In general, the interaction of national and European judicial practice contributes to the transition from a formal to a material understanding of equality and forms modern standards of its judicial enforcement.

LEGAL REGULATION OF CHINA'S TECHNOLOGICAL DEVELOPMENT AND PROSPECTS FOR UKRAINE

2026-04-29T21:26:54+03:00

The purpose of the article is to examine the system of legal regulation of technological development of the People's Republic of China in the context of the implementation of the 15th Five-Year Plan (2026–2030) and to develop scientifically grounded recommendations for improving Ukrainian legislation in the field of technological security. Research methods: comparative legal analysis was employed, as well as methods of systemic and functional approaches. Results: the ideological foundation of the concept of "new quality productive forces", which acquired constitutional status, was analyzed; the three-phase model of legal regulation of technologies (deregulation → systemic legislation → global leadership) was investigated; the legal architecture regulating artificial intelligence, quantum technologies, neural interfaces, and hydrogen energy was revealed; the principle of "double standard" for state and private entities was identified; the doctrine of "civil-military fusion" was examined as a key legal mechanism for dual-use technologies; it was established that the PRC surpassed the EU in adopting sectoral acts on AI regulation. Discussion: recommendations for legislative and regulatory policy of Ukraine in the technological sphere under martial law and the European integration course were formulated, in particular: adoption of the Law on Artificial Intelligence based on the EU AI Act; implementation of quantum-resistant encryption according to NIST standards; regulation of dual-use technologies through export control; creation of an Interagency Center for Technological Security; introduction of "regulatory sandboxes"; threats to Ukraine related to the civil-military fusion doctrine, the quantum threat of "Q-Day", and technological dependence through 6G standards and the "Beidou" system were identified.

INVISIBLE WOUNDS, VISIBLE OBLIGATIONS: LEGAL PROVISION FOR REFUGEE MENTAL HEALTH

2026-04-29T21:47:48+03:00

The purpose of the study is to provide a synthetic analysis of both the legal and psycho-social dimensions of the refugee crisis, aiming to reveal systemic flaws in the protection of refugees' mental health. Furthermore, the study seeks to identify and analyze key problems within this field, including the limited availability of psychological services, the deficit of culturally sensitive approaches, chronic stress caused by legal status uncertainty, and the social barriers encountered during the integration process. Research methods: in the article, the research was conducted by using historical, comparative-legal, and normative methods, dictated by the complex nature of the issue. The historical method was applied to identify the root causes of forced displacement and to evaluate how international policy has transformed into legal norms over time. The comparative-legal method was utilized to analyze the migration and asylum policies of various countries, alongside their legal and institutional mechanisms for protecting refugee mental health, thereby highlighting best practices and identifying legal and administrative barriers. The normative method was used to focus on the normative content of the law, outlining refugee rights within the Georgian Law "On International Protection," international conventions, and European legislation to assess how clearly mental health guarantees and special procedural needs are defined at the normative level. Results: empirical research indicates a significantly increased risk among refugees of developing mental health disorders, including depression, anxiety disorders, and post-traumatic stress disorder (PTSD), as well as facing crises of adaptation, identity, and belonging. The findings highlight that these psychological burdens are frequently the direct result of traumatic experiences (such as violence, persecution, and the loss of family members), forced displacement, legal uncertainty, and severe difficulties in integrating into host societies. Discussion: considering the destructive trends in the modern world, including political instability, economic crises, numerous localized wars and armed conflicts, climate change, and natural disasters, the issue of migration and its associated challenges is becoming increasingly urgent. The refugee issue is inherently interdisciplinary. On one hand, it encompasses a legal dimension involving migration procedures, legal status determination, asylum mechanisms, and state obligations. On the other hand, it represents a complex medical and psycho-social problem that directly impacts the physical and mental well-being of refugees, falling squarely within the competence of social protection, healthcare, psychology, and psychiatry. Reconciling these two dimensions is crucial for overcoming the administrative and social barriers that hinder effective psychosocial support.

INTEGRATING CONTENT AND LANGUAGE INTEGRATED LEARNING (CLIL) IN THE “INTERNATIONAL AEROSPACE LAW” MODULE FOR DEVELOPING SPECIALIZED ENGLISH AVIATION COMPETENCIES FOR ACADEMIC SEEKERS OF THE SPECIALTY 293 “INTERNATIONAL LAW”

2026-04-30T16:25:25+03:00

Purpose: the study aims to substantiate the effectiveness of the Content and Language Integrated Learning (CLIL) approach within the "International Aerospace Law" module for third- and fourth-year law students specializing in 293 "International Law" specialty. It seeks to define specific pedagogical strategies that simultaneously cultivate legal analytical skills and specialized aviation English proficiency, ensuring students can operate fluently within international aerospace legal discourse. Methods: the research implements CLIL into the curriculum, transforming the classroom into a dual-focused learning space. Key pedagogical strategies include: Content-Language Scaffolding: Complex legal concepts (e.g., state sovereignty in airspace vs. the res communis principle in space) are introduced using visual aids and bilingual glossaries to reduce cognitive load. Task-Based Learning: Students participate in simulations, such as drafting bilateral air service agreements or debating liability in commercial space launch failures, to reinforce specialized vocabulary in context. Cognitive Development: The approach encourages higher-order thinking skills, requiring students to analyze the legal implications of technical aviation standards (SARPs) in English rather than performing simple translations. Results: findings indicate that students taught via the CLIL methodology demonstrate a 25% higher retention rate of specialized terminology compared to those in traditional English for Specific Purposes (ESP) tracks. The integration provides a holistic educational experience that meets modern labor market demands by merging linguistic development with rigorous legal content. Discussion: the globalization of the aviation industry and the increasing complexity of space exploration necessitate high communicative competence for legal professionals. Traditional ESP often lacks the subject-matter depth required to navigate the nuances of the Chicago Convention or the Outer Space Treaty. Integrating CLIL addresses this gap by simulating the authentic professional environment of international regulatory bodies. While standard aviation English focuses on ICAO levels for pilots, legal professionals require a broader "Aviation English for Law" centered on treaty interpretation, liability litigation, and regulatory drafting.

ORGANIZATIONAL AND LEGAL SUPPORT OF EXTERNAL EDUCATIONAL ASSESSMENTS IN UKRAINE

2026-04-30T16:37:14+03:00

Purpose: the article is devoted to a comprehensive analysis and systematization of the organizational and legal support of external educational assessments in Ukraine as a tool for monitoring and improving the quality of education at various levels. Methods: the methodological basis of the study consists of the methods of theoretical analysis of the regulatory and legal framework, systematization of organizational approaches, comparative analysis of assessment formats, scientific generalization of the experience in implementing external educational assessments under contemporary challenges. Results: the main components of the organizational and legal support of external educational assessments in Ukraine are characterized as a leading tool for a comprehensive objective study of the state of the education system, as well as the features of its transformation in the context of today's challenges. The structure and content of the regulatory and legal regulation of the procedures and functions of external independent assessment of the learning outcomes of students in upper secondary and higher education are analyzed. The ways of implementing external independent assessment as a form of state final certification at the levels of primary and basic secondary education are outlined, as well as the use of the results of international comparative studies in the development of state educational policy. Discussion: the results of the study highlight the need for further improvement of the organizational and legal support for the implementation of external educational assessments, regulatory regulation of the procedures for the continuity of external independent assessment across different levels of education, and consideration of the impact of external assessment results on the quality of education.