History and Law Journal

ARTIFICIAL INTELLIGENCE AND NON-DISCRIMINATION AS A FUNDAMENTAL PRINCIPLE OF ENSURING HUMAN RIGHTS

Svitlana Bulavina, Tetiana Davydova — Thu, 26 Jun 2025 00:00:00 +0300

The article examines the impact of artificial intelligence (AI) on human rights, first and foremost, analyzes the principle of non-discrimination in its application. The basic principles of the development and use of artificial intelligence technologies in Ukrainian practice related to the observance of human rights, as well as the latest legislation of the European Union regulating these issues, in particular, the Framework Convention on Artificial Intelligence, Human Rights, Democracy and the Rule of Law and the European Union Artificial Intelligence Act (EU AI Act), are studied. The authors pursue the aim to study the expert opinion of leading researchers as well as human rights activists on the impact of AI on human rights, and analyze the capabilities of ChatGPT and Gemini to enquire the affect of artificial intelligence on human rights. In the analysis, it was concluded that by distinguishing two aspects of the impact of artificial intelligence on human rights – both positive and negative, ChatGPT and Gemini determine that discrimination has a negative and positive influence correspondently. Therefore, the link between artificial intelligence and the prevention of discrimination has been studied. The principle of non-discrimination is assumed by the authors as ensuring equality of rights and freedoms; guaranteeing equality before the law; respect for the dignity of every person; ensuring equal opportunities for persons or groups of persons. Examples of artificial intelligence application are studied. On carrying out the research, special attention was paid to the study of the Helsinki Group on Human Rights on the topic “Artificial Intelligence and Human Rights: Guidelines and Limitations in the Context of National Security and Defense”, conducted in 2024. The authors of the article concluded that artificial intelligence can contribute to discrimination against human rights in various ways, primarily by exacerbating existing inequalities, automatically reproducing certain discriminatory practices.

DELEGATED LEGISLATION AS A TOOL OF LEGAL REGULATION IN UKRAINE: HISTORICAL CONTEXT

Vladyslav Katylov, Hanna Ponomariova — Thu, 26 Jun 2025 00:00:00 +0300

The article explores delegated legislation in a historical context as a tool of legal regulation in Ukraine. A comparative analysis of delegated legislation in Ukraine and the European Union member states has been conducted. Particular attention is paid to the comparative analysis of various models of delegated legislation specifically as instruments of legal regulation. Additionally, the study provides a comprehensive examination of the historical and legal evolution of delegated legislation in Ukraine, focusing on its legal nature, forms, mechanisms of implementation, and impact on the constitutional principle of separation of powers in Ukraine. The methodological framework is based on both general scientific methods of cognition and special legal research methods. The conclusions obtained have practical significance for the improvement of legislation and may serve as a theoretical basis for introducing amendments to the Constitution of Ukraine regarding the possibility of delegation, as well as for the further development of the Law of Ukraine «On Delegated Legislation.»Equally important is that the research results can serve as a foundation for distinguishing between delegated and executive rule-making, which, in turn, will help avoid the duplication of legal functions in Ukrainian legislation. The theoretical value of the study lies in deepening scientific understanding of the place of delegated legislation within the system of legal sources, its nature, and legal consequences. Law-making through the application and use of delegated legislation is quite common in many legal systems belonging to various legal families. The features of delegated legislation have been studied by both domestic and foreign scholars. The relevance of the topic is driven by the need to adapt national legislation to European lawmaking standards and to improve the mechanisms for the distribution of governmental powers.

THE UKRAINIAN NATIONAL LIBERATION MOVEMENT IN THE MIRROR OF CRITICAL THEORY: POSTCOLONIAL AND DECOLONIAL ASPECTS

Yevhenii Lashko — Thu, 26 Jun 2025 00:00:00 +0300

The article provides an interdisciplinary understanding of the Ukrainian national liberation movement through the prism of critical theory, in particular postcolonial and decolonial approaches, which allows us to rethink historical processes in Eastern Europe in a broader global context. The Ukrainian movement for national identity and state independence is considered as a classic example of anti-colonial struggle against the long-term policy of linguistic, cultural and legal subjugation implemented by the imperial structures of Russia. The author analyzes the political continuity between the tsarist empire, the White Guard movement, in particular through «Denikin’s Address to the Population of Malorussia» (1919), Soviet ideology, and contemporary Russian politics. Considerable attention is paid to V. Putin’s article «On the Historical Unity of Russians and Ukrainians» (2021), which contains a programmatic concept of modern neo-imperial thinking and an ideological basis for further aggression against Ukraine. At the same time, the author analyzes the neglect of the Ukrainian issue in Western academic scholarship, which has long been dominated by Russian studies, reproducing the colonial discourse, and Ukrainian studies were not an independent discipline. In this context, the problem of academic colonialism arises, which contributed to the legitimization of an external vision of Ukraine through the prism of the Russian narrative. The article proposes a conceptual approach to the decolonization of knowledge as a factor of cultural resistance and a basis for the formation of an autonomous intellectual space. The Ukrainian experience of creating political subjectivity in the context of prolonged colonization is seen as relevant to broader studies of postcolonial transformations taking place in the world. The author concludes that Russia’s current war against Ukraine has not only a military-political, but also a deep civilizational and cognitive dimension, which requires appropriate reflection in science. The article is addressed to researchers of philosophy, history, nationalism theory, cultural studies, law and postcolonial studies.

THE BOUNDARIES OF CRITICAL THINKING

Victor Penko — Thu, 26 Jun 2025 00:00:00 +0300

The article is devoted to the topic of critical thinking. Nowadays, this topic is relevant across all branches of knowledge, both at the academic and practical levels. This applies to jurisprudence to no small extent. It is important for lawyers to be aware of the peculiarities of human thinking in order to theoretically avoid professional and public mistakes. Hundreds of studies have been devoted to critical thinking, most of which have empirical significance. There are many publications that, directly or indirectly, explore the theoretical features of critical thinking. To a large extent, the authors of these publications focus their attention on the positive outcomes of critical thinking. Advocates of critical thinking emphasize that this form of thinking is manifested in a person’s ability to go beyond established views, identify errors in conventional wisdom, and propose alternative, more effective approaches. Of course, it is also noted that, with proper training, a person can develop their thinking to a critical level. However, the question of the validity of the results obtained through a critical approach remains not fully clarified. In this regard, the scientific works of the American philosopher and historian of science Thomas Kuhn, as well as the German philosopher and psychologist Erich Fromm, are particularly interesting. These scholars, in their research on the peculiarities of human thinking, conclude that there are objective reasons that hinder critical thinking within every scientific community and society at large. Regarding science, Thomas Kuhn discusses an epistemological phenomenon known as the paradigm. In his view, the emergence of a paradigm is rooted in the social conditioning of human thought. A paradigm arises and is sustained by a specific scientific community—a group of individuals who share a common way of thinking and similar views on a particular problem. The paradigm defines the subject, parameters, and methods of research. It also governs relationships among scientists, determining who is right and who is wrong. Erich Fromm explores the same phenomenon but at the level of mass consciousness. Based on the conclusions of both scholars, it can be argued that critical thinking is not a panacea for avoiding mistakes. Any reinterpretation of reality is carried out by individuals who are members of a specific community, adhere to its values, and are influenced by it, whether consciously or unconsciously. Individuals who are overly focused on their community risk repeating past mistakes or generating new ones. This highlights certain limitations of critical thinking.

THE VOLYN STATUTE OF 1566 AS A MODEL OF THE PROGRESSIVE EUROPEAN LEGAL TRADITION

Mykhailo Yatsyshyn, Artem Smoliuk — Thu, 26 Jun 2025 00:00:00 +0300

It is noted that the statutes of the Grand Duchy of Lithuania of 1529, 1566, 1588 are the codes of laws of the Grand Duchy of Lithuania, created on the basis of local Lithuanian, Belarusian, Ukrainian (Russian) law and court practice corresponding to the latter. The sources of the Statutes were also the provisions of «Ruska Pravda», German and Polish judges and certain norms of Roman law. The most progressive and perfect codes of law of the 16th century, in contrast to the judges of Europe and Russia (which legitimized the norms of criminal law only), united together the main provisions of state, civil, family, land, military, criminal, procedural law and declared the validity of unified legal norms on the entire territory of the state – the Grand Duchy of Lithuania. These were also the first completely secular codes of law in Europe, which did not include the canons of church law and defended, first of all, the personal, property and political rights of princes and nobility. political ideas: the responsibility of courts before the law, the right of a person to legal protection, the personal responsibility of the offender (and not his family), equal rights of representatives of different ethnic groups, confessions and social statuses, protection of the personality and property rights of women, etc. It is emphasized that the second Lithuanian charter is often called «Volyn» in historical and legal science, since the Volyn nobility, who increased and consolidated their rights and privileges, played an important and special role in its conclusion. The Statute of 1566 at a high level of codification technology completed the development of the Grand Duchy of Lithuania as a legal state, confirming the cycle of reforms that preceded the announcement of the Statute itself. It was concluded that, among other things, the Statute of 1566 clearly defined the main powers of the supreme ruler of the state of the Grand Duke and actually carried out an administrative reform in the Great Kingdom of Lithuania, provided for the separation of the judicial branch of power through the functioning of county courts (zemsky courts, city courts, subchamber courts), equalized in the rights of princes-magnates and nobility, approved the idea of a state noble state, unified different legal terminology and gave absolute priority to written law.

CYBER SECURITY: CURRENT STATE OF THE REGULATORY FRAMEWORK AND PROSPECTS FOR ITS DEVELOPMENT

Zoriana Knysh — Thu, 26 Jun 2025 00:00:00 +0300

The article deals with the current regulatory and legal framework for ensuring cyber security in the information space within modern conditions. Approaches to defining cyber security are analyzed modern threats in the information space are outlined. The provisions of regulatory and legal acts regulating relations in cyberspace that determine the need to ensure cyber security are analyzed. It is stated that the Law of Ukraine “On the Basic Principles of Cyber security in Ukraine” is the first step and the basis for more global legislative work towards forming special regulatory material on ensuring cyber security. The factors that determined the current state of the regulatory and legal framework for ensuring cyber security are identified, which were: 1) the rapid development of information technologies and their implementation in all spheres of public life; 2) the active evolution of the cyber security threat, i.e. the forms of using information systems for illegal purposes and at all levels of criminal activity; 3) reflect the established practices of legal regulation of relevant relations, capable not only of promptly responding to changes in the system of special cyber security threats but also of rapidly evolving following the development of threats in cyberspace. Determined that due to the integrative (integral) nature of the cyber security phenomenon, determined by the scale of informatization of all spheres of public life, the regulatory and legal provisions aimed at its provision have both public and private law nature and relate exclusively to the branches of civil, financial, administrative and other law. This circumstance, in turn, contributes to the next stage of the evolution of legislation on cyber security, its sectoral development at the level of special regulatory provisions, and in the context of individual spheres of public relations.

DOSSIER, PROFILE, TARGETING AS ANALYTICAL PRODUCTS IN LAW ENFORCEMENT INSTITUTIONS

Olena Matsyborska — Thu, 26 Jun 2025 00:00:00 +0300

The article is devoted to studying analytical documents on a person under the control of law enforcement agencies. The research aims to analyze the informational, communicative and analytical aspects of creating a dossier, profile (portrait) and targeting by police officers. It is established that these analytical products have not yet been the subject of a comprehensive study. The author analyzes the existence and essence of the definitions of dossier, profile, and targeting and proposes her definitions of these categories as analytical documents about a person in the law enforcement system. The author analyzes in detail the components of the information aspect of police officers’ work with analytical documents. The author describes the specifics of the basic arrays of information (natural and social), forms (aesthetic and semantic), and types of information which are determined by various criteria (by the method of transmission and perception, by the mediation of perception and processing, by the public purpose) and reveals their importance for analytical documents on a person. Different information properties (attributive, pragmatic, dynamic) and their practical significance for creating a dossier, profile, and targeting are analyzed separately. Considerable attention is paid to the requirements for information (qualitative, quantitative, value) and the requirements for various types of information sources, and their importance for the work of police officers is revealed. In analyzing the communication aspect, attention is paid to all communication elements and means of communication, as well as their functional significance for the information and analytical work of law enforcement agencies with personal documents. The study of the analytical aspect concerned the analysis of the criteria for selecting and evaluating information, with a wide range of analytical methods described and examples of the implementation of each method in the work of law enforcement agencies with personal documents. The study’s practical significance is to form a theoretical basis for optimizing the practical work with analytical materials on a person under the control of law enforcement agencies.

INTERNATIONAL STANDARDS ON THE PROHIBITION OF FORCED MARRIAGE

Oksana Starchuk, Artem Smoliuk — Thu, 26 Jun 2025 00:00:00 +0300

The article provides a general theoretical overview of international legal instruments prohibiting forced marriage, taking into account theoretical approaches and concepts that emphasize the importance of free choice in the conclusion of marriage. It is affirmed that being coerced into a marriage constitutes a violation of human rights at both the international and national levels. It has been demonstrated that the prohibition of forced marriage also applies to cases involving a foreign element, as national legislation provides for the application of the relevant provisions of the Family Code of Ukraine concerning the grounds for declaring a marriage invalid due to a defect in consent. The article emphasizes the need to improve national family legislation concerning the prohibition of marriages concluded with a defect in consent, as well as the necessity of implementing preventive measures against forced marriages by developing effective mechanisms to identify cases where full and free consent of both parties – female and male – is lacking. Attention is drawn to the insufficiency of legislative provisions establishing liability for forced marriage, as well as to the need to develop a mechanism for their effective implementation in practice. It has been established that the full and free consent to marriage, personally expressed by both the woman and the man, does not constitute a one-time legal act, as it produces continuing legal effects – from the moment the marriage is concluded, throughout its duration, and until its dissolution. It is proposed that forced marriage be understood as a marital union between a woman and a man, registered by the state civil registration authority, without the full and free consent of one or both parties from the moment of its conclusion until its dissolution.

INSTITUTE OF CASSATION REVIEW OF COURT DECISIONS IN CASES OF ADMINISTRATIVE OFFENSES

Andrii Bohoslov — Thu, 26 Jun 2025 00:00:00 +0300

The article is devoted to the institute of cassation proceedings in cases of administrative offenses. To date, the current administrative and tort procedural legislation does not have a stage of cassation review of cases of administrative offenses. However, the introduction of such a stage in the current legislation on administrative offenses at the present stage of the development of public legal relations, in our opinion, seems necessary to protect the rights, freedoms and interests of individuals in our state. The absence of the stage of cassation review of the case in such a type of proceedings as the proceedings on administrative offenses leads to the lack of unity of law enforcement practice on bringing persons to administrative responsibility by the courts. Also, the absence of such a stage does not make it possible to “eliminate” the consequences of judicial error of local and appellate courts that considered the case and made such mistakes. At the same time, the absolute majority of administrative offenses considered by the courts in the procedure of proceedings on administrative offenses apply the so-called “Engel criteria,” which are applied by the European Court of Human Rights (ECHR) in its practice when considering applications of the ECHR. Instead, the current criminal procedural legislation provides the right to appeal in cassation court decisions, which completed the consideration of the case without any restrictions, although the sanctions of some criminal offenses are even lower than administrative offenses. The article attempts to substantiate the need for the existence of such a stage of proceedings as a cassation review of decisions in cases of administrative offenses, considers the positive consequences of the legislative introduction of such an institution of administrative tort procedural law and a possible mechanism for legislative regulation.

THE PECULIARITIES OF THE EXERCISING THE POWERS OF THE EUROPEAN PUBLIC PROSECUTOR’S OFFICE WITHIN THE LEGAL SYSTEM OF THE EUROPEAN UNION

Iryna Kononchuk — Thu, 26 Jun 2025 00:00:00 +0300

The article examines the peculiarities of the functioning of the European Public Prosecutor’s Office (EPPO), with particular emphasis on its role in combating criminal offenses that infringe upon the financial interests of the European Union. The EPPO conducts pre-trial investigations, criminal prosecutions, and acts as the prosecutor in the courts of the Member States until a final judgment is made in the case. The research identifies the categories of offenses falling under the jurisdiction of the EPPO, includes: fraud involving the use of EU budget funds; laundering of proceeds of crime resolution from PIF (Protection of the Financial Interests of the EU) offenses; active and passive corruption; and intentional misappropriation of public funds by officials authorised to manage financial assets. The EPPO is organized at two levels: central and decentralized. The central level consists of the College, the Permanent Chambers, the European Chief Prosecutor, Deputy Chief Prosecutors, European Prosecutors, and the Administrative Director. The decentralized level is represented by European Delegated Prosecutors based in the Member States, who operate on behalf of the EPPO. These prosecutors are required to possess the same investigative and prosecutorial powers as their national counterparts, including the authority to refer cases to national courts. Criminal investigations and prosecutions within the EPPO’s competence are primarily carried out by the Delegated Prosecutors at the national level. It has been established that EPPO has jurisdiction of offenses if they were committed: in the EU or part of the territory of one or more Member States; by a national of a Member State, provided that national law grants jurisdiction over such offenses; outside the EU, by a person to whom the Staff Regulations or Conditions of Employment apply at the time the offence.

DEFICIENCIES IN LEGAL CERTAINTY REGARDING THE EXERCISE OF THE PROSECUTOR GENERAL’S PROCEDURAL POWERS BY AN ACTING OFFICIAL

Oleksandr Shamrynskyi — Thu, 26 Jun 2025 00:00:00 +0300

The article examines problematic aspects related to the exercise of the Prosecutor General’s procedural powers by an acting official. The attention is focused on the gaps arising in law enforcement practice due to the lack of a clear legislative mechanism for extending the statutory term of office of the Prosecutor General after its expiration. Particular attention is paid to analyzing the provisions of the Constitution of Ukraine, the Criminal Procedure Code of Ukraine, the Law of Ukraine ‘On the Prosecutor’s Office’, and certain decisions of the Constitutional Court of Ukraine. The article characterizes the situation in Ukraine after the dismissal of the Prosecutor General when the duties of the head of the entire prosecution system are carried out by his First Deputy for a long time without the appointment of a new Prosecutor General. It is noted that this situation gives rise to numerous questions regarding the legitimacy of procedural decisions made by the acting official, in particular the possibility of approving searches, detention of Members of Parliament of Ukraine, entering information into the Unified Register of Pre-trial Investigations regarding certain categories of persons, etc. In light of this, the article provides a reasoned critique of the draft law No. 11175 registered in the Verkhovna Rada of Ukraine, which includes a narrowing of the powers of the acting Prosecutor General. The conclusion is drawn that the adoption of such legislative changes would pose a threat to the effective functioning of the prosecutor’s office during martial law. The article substantiates the advisability of legislative regulation of the procedure for appointment and terms of acting Prosecutor General, as well as retention of a significant scope of procedural powers. This necessity arises from the need to uphold the principle of institutional continuity in the prosecution system, particularly during wartime, when the state requires the efficient operation of the entire criminal justice system. It is important to develop a unified approach to the scope of powers of the acting Prosecutor General to ensure stability of law enforcement, to maintain confidence in the prosecution authorities and prevent a legal vacuum in the legal regulation of these issues.

TYPES AND DETERMINANTS OF VIOLENT CRIMINAL OFFENSES IN PRISONS: CRIMINOLOGICAL CHARACTERISTICS

Zoriana Zaradiuk — Thu, 26 Jun 2025 00:00:00 +0300

The article examines violent crime in penal institutions in Ukraine as a serious and systemic problem, which is largely related to the prison subculture, informal hierarchy among prisoners, and inadequate control by the administrations of the institutions. The author notes that in recent years, Ukraine has seen an increase in the number of cases of torture and ill-treatment in penitentiary institutions. In 2023, the UN Human Rights Office reported systematic violations in places of detention, including torture and inhuman treatment. It is worth noting that a significant number of cases of torture are related to Russian aggression and the occupation of the territories of Ukraine. Overall, the statistics of torture in places of detention remain alarming, indicating the need for increased monitoring to ensure respect for human rights. The author identifies the following main determinants of violent criminal offenses in prisons: socio-psychological, organizational and regime, criminal law, individual, material and household determinants and external criminogenic influences. A general description of the determinants of violent crime in prisons allows us to conclude that this is a multi-level system of interrelated factors that cover both the inner world of the convict and the external environment in which he or she is kept. The combination of personal traits, psycho-emotional state, life experience, conditions of detention, influence of criminal subculture, social isolation, lack of resources and control, as well as the influence of the external environment (including the political, socioeconomic situation in the state, activities of criminal groups, etc.) creates a tense environment. The author concludes that violent crime in places of detention is the result of a complex interaction of many causes and conditions, which can only be overcome through systemic reform of the penitentiary system, taking into account individual, organizational and social aspects.

CRIMINAL LAW MEASURES TO COMBAT CHILD EXPLOITATION

Olena Sasko — Thu, 26 Jun 2025 00:00:00 +0300

The article is devoted to the criminal law means of counteracting the exploitation of a child under the age of employment by means of using his/her labor. Establishment of criminal liability for child exploitation is an indisputable achievement of national criminal law. The title of Article 150 of the Criminal Code of Ukraine “Exploitation of Children” is formulated by the legislator unreasonably broadly, which gives rise to certain misunderstandings in the application of this provision. The socially dangerous act provided for in Art. 150 of the Criminal Code of Ukraine is defined in the criminal law through the category of “exploitation”. However, the disposition does not establish all possible forms of exploitation, but only labor exploitation of a child. The criminalization of child exploitation is linked to only one characteristic of the victim – his or her age, which must be below the lower limit for employment. Our analysis has led us to conclude that this provision is quite complex, as it is based on the provisions of another area of law. The absence of a precisely defined age limit makes it difficult to apply Article 150 of the Criminal Code of Ukraine, and this, in turn, gives grounds to assert that the imperfection of the current labor legislation directly affects the high level of latency of this criminal offense. The author substantiates that it would be appropriate to abandon the use of the term “exploitation” in the title and disposition of Article 150 of the Criminal Code of Ukraine and use commonly used words (for example, “use of labor”). In order to eliminate misunderstandings in the application of this provision, as well as to partially abandon the blanket provision in terms of reference to the age limit, it is appropriate to propose to amend Part 1 of Art. 150 of the Criminal Code of Ukraine and set it out in the following wording: “use of labor of a child under the age of 16”.