History and Law Journal

LEGAL REGULATION OF LAND RELATIONS IN UKRAINE (1906–1922): HISTORICAL AND LEGAL ASPECT

Zinaida Biloshkurska, Maiia Kostiuk, Julia Sytnyk — Thu, 28 May 2026 00:00:00 +0300

The article is devoted to a comprehensive study of the transformation of land legislation on Ukrainian lands from 1906 to the early 1920s. The author analyzes the evolution of legal norms, starting from the Stolypin agrarian reform, which aimed to dissolve the village community and establish private peasant landownership through a system of “otruhy” and “khutory”. The paper examines in detail the legislative activities of the governments during the Ukrainian Revolution of 1917–1921, specifically the Central Rada, the Hetmanate of Pavlo Skoropadskyi, and the Directorate of the UNR. Diametrically opposed approaches to solving the agrarian issue are highlighted: from socialization and the abolition of private property to its restoration and attempts to create a strong middle class in the countryside. Particular attention is paid to the transitional stage of the establishment of Soviet power, marked by the adoption of the Decree on Land and the first Land Code of the Ukrainian SSR in 1922. The process of nationalizing the land fund, the introduction of the principle of exclusive state ownership, and the legal regulation of socialist land management are studied. It was found that this period was characterized by high dynamics of legal changes, codification attempts, and the gradual restriction of the rights of individual republics in favor of the union center. The conclusions emphasize that the legislation of this era laid the foundation for further collectivization and formed a specific model of the Soviet land legal order, which significantly differed from previous imperial and national-democratic practices.

PHILOSOPHICAL AND LEGAL CONCEPTUALIZATION OF THE NORMATIVE REGULATION OF INNOVATIVE MEDICAL TECHNOLOGIES

Yurіі Krysіuk, Nаtаlііа Hnаsyuk — Thu, 28 May 2026 00:00:00 +0300

In the contemporary context of the rapid advancement of biomedical technologies, law emerges not merely as a regulator of social relations but also as a guarantor of the observance of fundamental human rights. Reproductive technologies, genetic engineering, and the application of artificial intelligence in healthcare generate novel challenges for the legal system, which must ensure a delicate balance between scientific progress and the protection of human dignity, autonomy, and personal security. A philosophical-legal approach in this regard provides the conceptual foundation that delineates the permissible boundaries of human intervention into nature, while bioethics establishes a value system integrated into legal regulation, thereby safeguarding the principles of justice, liberty, non-maleficence, and respect for human dignity. International instruments, such as the UNESCO Universal Declaration on Bioethics and Human Rights (2005), the Council of Europe Convention on Human Rights and Biomedicine (Oviedo, 1997), the Declaration of Helsinki (WMA, 2013), and the CIOMS International Ethical Guidelines (2016), enshrine universal ethical and legal benchmarks that must be implemented within national legal frameworks. At the same time, Ukrainian legislation develops in a fragmented manner: separate laws exist on transplantation, healthcare, and reproductive technologies, yet there is no unified codified act that systematically regulates issues of bioethics and innovative medical practices. This results in legal lacunae and complicates the implementation of international standards, thereby necessitating comprehensive reform of medical law and the establishment of a national Bioethical Code. Accordingly, this study is aimed at analyzing the philosophicallegal foundations of bioethics, examining international and national normative acts, identifying the challenges of legal regulation of innovative medical technologies, and formulating proposals for the improvement of Ukrainian legislation.

“ENCHEIRIDIUM” FROM THE PERSPECTIVE OF FORMAL LOGIC

Victor Penko — Thu, 28 May 2026 00:00:00 +0300

The article is devoted to the topic of the practical side of logical thinking. This topic was relevant in previous times, remains and will remain so in our and subsequent periods of human history. The present has given the topic a special value in connection with the strengthening of the capabilities of “artificial intelligence”, which clearly constitutes and will constitute a competition for human consciousness. “Artificial intelligence”, from the technical one is actively moving to the so-called humanitarian sphere of human existence, has shown its capabilities in musical, literary and visual arts, in the office sphere, etc. [1]. “Artificial intelligence” is also mastering the law enforcement and judicial space [2]. On the one hand, this is a certain admiration, since hundreds of specialists are freed from tedious work, who can serve more important matters, production processes are noticeably accelerated, and the probability of technical errors is significantly reduced. However, there is also the opposite. Modern digital programs of “artificial intelligence” are built on the logic of process optimization, but do not at all, or to a large extent, reflect the moral, emotional, cultural and even linguistic features of social relations of certain communities. The above serves as a paradigm in the minds of both individual individuals and certain stable human groups, shaping the content of thoughts and behavior of any person. Historically, evolutionary paradigms do not coincide and will not coincide for some time with recently developed computer programs of social regulation. Just as the individual is the opposite even to his community and vice versa, and the community is the opposite of the individual, so any digital program of social regulation will oppose the historically formed culture of each community. Given that the general always eventually overcomes the particular resistance within it, as the latter loses its identity, it is not difficult to conclude that total digitalization will prevail over traditional methods of social regulation. The general in this case is the information and computer space, while legal information is the particular. This will happen as the relevant computer programs improve, on the one hand, and the old, traditional methods in law are eroded, on the other. Within the framework of the legal system in general, law enforcement, and judicial in particular, their partial “dehumanization” is inevitable. That is, even greater rationalization and formalization, which already distinguishes law and legal thinking from other branches of human activity.

THE FIGHT OF LAW ENFORCEMENT BODIES OF THE UKRAINIAN SSR AGAINST THEFT OF THE NEW HARVEST IN THE MID-1960S

Oleksandr Yarmysh, Volodymyr Grechenko — Thu, 28 May 2026 00:00:00 +0300

An important task that was faced annually by the law enforcement and juridical and prosecutorial bodies of the republic was the fight against theft of the new harvest. The main directions and results of this fight were sent to the head of the republic P. Yu. Shelest under the signatures of the prosecutor of the Ukrainian SSR, the Minister of Public Order of the Ukrainian SSR, and the Chairman of the Supreme Court of the Ukrainian SSR. The fact that such material was sent to the first head of the republic and under the signatures of the heads of the three law enforcement agencies of the state testifies to the importance that was attached to this issue, since it was connected with one of the most important social problems – providing the population with food.he study of cases and the analysis of the contingent of persons brought to criminal responsibility showed that in the vast majority of thefts were committed on a small scale by individual collective farmers and workers of state farms, who had direct access to the harvest products during the harvest. However, in some places, group organized thefts of the harvest were allowed on a significant scale. The investigative bodies of the republic opened 930 criminal cases against 1864 persons based on the facts of theft of the harvest discovered in 1965. The heads of the republic’s law enforcement agencies believed that one of the main conditions contributing to the theft of the new harvest was that in a number of farms in the republic, due attention had not yet been paid to the correct selection of persons for materially responsible positions, accounting for agricultural products, and the preparation of documents for its transportation. In a number of collective and state farms, grain was left in the field overnight without security, and when sent to the currents and grain receiving points, it was not weighed or was sent without documents, which created favorable conditions for theft.They saw the reasons for the thefts and looting of the new harvest only in organizational problems, without even mentioning (actually ignoring) social ones. These include the low standard of living, insufficient material security, and the desire to improve it, even by criminal means, the low level of general culture, including legal culture, and a contemptuous attitude towards collective and state farm property. In addition to bringing those guilty of embezzlement to criminal liability, various meetings were organized on this issue, the public began to be more widely involved in combating embezzlement, and preventive work was intensified.

MEDIATIOM AS A LEGAL MECHANISM FOR INTEGTATION OF IDPS INTO COMMUNITIES

Oksana Кyryshko — Thu, 28 May 2026 00:00:00 +0300

The article highlights the role of mediation as a legal mechanism for resolving sociolegal conflicts and ensuring the effective integration of internally displaced persons into host communities under the conditions of the full-scale war in Ukraine. The essence of mediation as an alternative dispute resolution method is revealed, including its historical origins, the principles of voluntariness, confidentiality, neutrality, and equality of the parties, as well as its current legal and regulatory framework in Ukraine. The provisions of the Law of Ukraine “On Mediation”, the Law of Ukraine “On Social Services”, and the practice of their implementation are analyzed, and regulatory inconsistencies between current legislation and state standards for the provision of social services in the field of conciliation and mediation are identified. It has been established that large-scale internal displacement, repeated relocations, housing difficulties, competition for jobs, limited access to social services, psychological stress, loss of social ties, and social isolation significantly increase the risks of conflicts between internally displaced persons, local residents, and public authorities. The socio-psychological aspects of the adaptation of internally displaced persons are examined, particularly the level of adaptability, readiness for social interaction, manifestations of nostalgia, alienation, and personal growth. The expediency of using traditional, online, community-based, and restorative mediation for the prompt resolution of disputes, restoration of communication between the parties, and reduction of social tension is substantiated. It is proved that mediation contributes to building trust, strengthening social cohesion, preventing conflicts, and increasing the level of legal protection of internally displaced persons. Based on the results of scientific research, statistical data, international experience, and practical cases, the article concludes that there is a need to improve the legal regulation of mediation, develop institutional infrastructure, train specialized mediators, provide financial support for pilot programs, conduct information campaigns, and implement digital tools at the level of territorial communities.

НUMAN AS A SUBJECT OF UKRAINIAN ECOLOGICAL SECURITY: THEORETICAL AND LEGAL ASPECT

Anna Surma — Thu, 28 May 2026 00:00:00 +0300

The scientific article is devoted to the theoretical and legal aspects of the status of a person as a subject of environmental security. The study yielded the following conclusions. The definition of an environmental security subject as an individualized participant in legal relations (for example, a person, society, state, or biosphere) who is endowed with environmental legal personality and the ability to act as a carrier of vital interests regarding the safe state of the environment and who demonstrates volitional activity to protect these interests from environmental threats was clarified. Additionally, it is substantiated that a person as a subject of environmental security is characterized by the following features: he is the bearer of subjective environmental rights and legal environmental obligations that form his legal status; the driving force of his activity is the presence of his own interest, which is realized through the desire to satisfy the objective need for a safe environment, which is a motive for action; he is determined through the category of «state of protection» of his interests, in contrast to the subjects of ensuring environmental security, which are determined through the category of «activity», «competence». The following criteria are distinguished between environmental security subjects and environmental security ensuring subjects, in particular: 1) by scale: the range of environmental security subjects is wider, as it includes “large-scale” categories, such as society and the biosphere, which are considered as objects of protection and participants in the global security situation. Environmental security ensuring subjects have a more specific list of participants; 2) by functional role: environmental security subjects are related to the category of «state» – these are those whose vital interests are protected (people, environment); environmental security subjects are related to the category of «process» – these are participants who carry out specific activities aimed at minimizing threats, forming guarantees and creating conditions for safe development (for example, state authorities, local governments); 3) by level of management: environmental security subjects are often identified with the management level, while any individual can be a subject of environmental security in the context of his right to a safe environment.

HARMONIZATION OF CRIMINAL LEGISLATION OF UKRAINE WITH INTERNATIONAL AND EUROPEAN STANDARDS IN THE FIELD OF COUNTERING TERRORISM

Olena Sasko — Thu, 28 May 2026 00:00:00 +0300

Countering terrorism is a complex task that requires a comprehensive set of measures of an ideological, political, economic, and legal nature. Ensuring the effective implementation of state policy in the fight against terrorism through the development and implementation of a comprehensive set of measures aimed at identifying and eliminating the conditions and causes that may lead to acts of terrorism is a crucial aspect of countering terrorism. One of the key measures is the creation of clear and effective counterterrorism legislation, particularly its criminal law provisions, as recent international conventions on counterterrorism reflect a trend toward expanding criminal law protections against terrorist acts. Countering terrorism is a complex task that requires a comprehensive set of measures of an ideological, political, economic, and legal nature. Ensuring the effective implementation of state policy in the fight against terrorism through the development and implementation of a set of measures aimed at identifying and eliminating the conditions and causes that may lead to acts of terrorism is a crucial aspect of counterterrorism. One of the key measures is the creation of clear and effective counterterrorism legislation, particularly its criminal law provisions, as recent international conventions on counterterrorism reflect a trend toward expanding criminal law protections against terrorist acts. Under the influence of European integration processes, current legislation regarding the criminal law protection of public safety against terrorist activities has undergone certain changes. However, the incorporation of new provisions into criminal law as part of the process of harmonizing Ukraine’s criminal legislation with international and European standards in the field of counterterrorism, in our opinion, is merely an attempt by the legislature to demonstrate effective countermeasures against newly emerging socially dangerous phenomena. The thoughtless and chaotic incorporation into the Criminal Code of Ukraine of provisions establishing liability for terrorist activities creates the appearance of harmonizing national standards with international and European standards in the field of counterterrorism, while simultaneously complicating the process of law enforcement. The excessive criminalization of criminal law provisions regarding the prevention of terrorism occurred in a complex situation and a difficult period for the state; it does not help solve this problem, since the “dormant provisions” of legislative attempts have not proposed an optimal model of criminal law regulation for countering terrorism.

THE INFLUENCE OF PSYCHOPHYSIOLOGICAL INDICATORS ON THE EFFECTIVENESS OF TACTICAL FIREARMS TRAINING OF LAW ENFORCEMENT OFFICERS

Vadym Grachuk, Borys Chuprynskyi — Thu, 28 May 2026 00:00:00 +0300

The purpose of the article is to develop an applied approach to improving the effectiveness of tactical and firearms training of law enforcement officers through the systematic consideration of psychophysiological characteristics. The study focuses on identifying organizational solutions that combine functional diagnostics, behavioural control under stress, and targeted adjustment of the training process. The research methodology is based on a combination of comparative analysis, experimental modelling, and applied design of training procedures. The assessment included heart rate, sensorimotor reaction speed, grip strength, attention stability, recovery rate after exertion, and shooting accuracy. Exercise performance was compared under standard conditions and in an artificially created stressful environment involving noise, time constraints, physical fatigue, and sudden changes in the action scenario. Based on the obtained data, readiness level groups were formed and corrective modules were proposed for different types of functional condition. The results showed that the most stable performance was demonstrated by officers with a balanced psycho-emotional background, rapid reactions, and sufficient recovery capacity. Participants with high anxiety, slowed attention switching, and unstable motor control more often lost shooting accuracy and made tactical errors. The proposed personalised correction system, which includes breathing protocols, sensorimotor exercises, biofeedback control, and scenariobased training, ensured improved results after a repeated training cycle. The practical value of the study lies in the possibility of applying the developed model in training centres of the Ministry of Internal Affairs, police units, and special forces for more accurate workload distribution, early detection of risk conditions, and increased reliability of firearm-related actions. The originality of the research is determined by the integration of psychophysiological diagnostics, stress testing, and a personalised correction system into a single applied cycle of professional training.

PURPOSE AND MOTIVE AS SIGNS OF CRIMINAL OFFENSES AGAINST ENVIRONMENT

Ivan Yovenko — Thu, 28 May 2026 00:00:00 +0300

The article contains a comprehensive scientific and theoretical analysis of motives as important signs of the subjective side of criminal offenses against environment. It is confirmed that the designated categories play a key role in revealing the internal essence of criminally unlawful behavior, which reflects mental processes that convey acceptance decisions about the commission of a crime, and also indicate the directness of the subject’s activity. The ability to understand “motive” and purpose has been established, their interconnections and functional significance in the structure of the subjective side of the criminal offense have been established. It has been determined that criminal offenses against environment are characterized by the dominance of covetous motives associated with the pursuit of economic gain, the illegal extraction of natural resources, and the minimization of expenditures on improvement of environmental standards and improvement of environmental regulations. It has now been proven that the motivational sphere of such offenses is complex and rich, and in some cases, service, organizational, psychological and social officials, including legal nihilism, low level of ecological culture and inadequacy of the system of state control. It is clear that purpose-criminal offenses against the wicked specify the motive and are reflected in the achieved material result or unique profit, however, in recent episodes it may be associated with security the functioning of the subjects of government in the minds of crisis chambers, frozen under the hour of war. It is emphasized that the correct establishment of the mark and motive is of great importance for the criminal legal qualification of the act, the individualization of punishment and the disaggregation of effective criminological approaches to crime. It has been concluded that the study of motivational and goal-oriented characteristics of environmental offenses allows us to better understand their determinants, identify typical patterns of behavior of offenders and formulate complex approaches against such manifestations in the current minds of the development of marriage.

IINADMISSIBILITY OF TESTIMONY IN CRIMINAL PROCEEDINGS

Oleksandr Krykunov, Halyna Denisova — Thu, 28 May 2026 00:00:00 +0300

Proving, as the core of the criminal process, must occur in strict accordance with the established procedure for collecting, verifying, and evaluating evidence and its sources. Since the evidence is information obtained in accordance with the procedure established by the Criminal Procedure Code of Ukraine. The legislator also provides a number of guarantees to protect and defend the rights of participants in the proceedings from violation, including preventing the use as evidence of information obtained without respecting these rights and freedoms. The content of the criminal procedural concept of «inadmissibility» has not been clarified by the legislator. However, it is obvious that it is opposed to the content of the concept of «admissibility of evidence». Summarizing Articles 86-87 of the CPC, it can be determined that any evidence is recognized as admissible if two general conditions are simultaneously met: 1) positive – it was obtained in compliance with the legal procedure; 2) negative – the evidence was formed without a significant violation of human rights and freedoms guaranteed by the Constitution, Laws and ratified international treaties of Ukraine. Violation of at least one of these conditions renders evidence inadmissible in criminal proceedings. The legal significance of establishing the inadmissibility of evidence can be considered as a criminal procedural sanction for participants in criminal proceedings, since information obtained in violation of the law and human rights cannot be used in the interests of a particular party as evidence when making procedural decisions. Also establishing the inadmissibility of evidence creates grounds for holding an official or other person found guilty legally liable for unlawful actions. The immediate subject of research within the framework of this publication was a set of conditions that influence the recognition of the testimony of individuals as an admissible source of evidence, as well as violations of the rule of law and human rights during interrogations, which lead to the inadmissibility of individuals’ testimonies, in accordance with international law, the current Code of Criminal Procedure, and judicial practice.. Gaps and conflicts were identified in the legal regulation of the recognition of evidence as inadmissible, as well as the conduct and recording of interrogations in criminal proceedings, reasoned proposals have been formulated to overcome them, as well as recommendations to law enforcement agencies.

SPECIAL CRIMINOLOGICAL APPROACHES TO CRIMINAL OFFENSES IN THE SPHERE OF ACTIVITY OF NON-BANKING FINANCIAL INSTITUTIONS

Angelina Lekar — Thu, 28 May 2026 00:00:00 +0300

The article has a comprehensive scientific analysis of special criminological approaches to criminal offenses in the sphere of activity of non-banking financial institutions of Ukraine in the minds of transforming the financial sector and I will become a military man. It is agreed that non-banking financial institutions, including credit banks, financial companies and pawnshops, will perform an important socio-economic function, ensuring public access to financial services, However, these days they are characterized by a rising level of crime. This is due to the peculiarities of their organizational and legal nature, the sharing of financial resources, the local nature of the activity, the high level of trust between participants and the insufficiently effective internal control systems. It has been established that in the structure of criminal offenses in this area, the most important are shadyism, embezzlement and embezzlement, abuse of official positions, insider lending, as well as the legalization of income gained by evildoers. It is especially dangerous to establish schemes for violating non-bank financial institutions as a tool for concealing illegal financial activities, including the activities of fictitious enterprises and “conversion centers”. It has been proven that effectively stopping such crimes will require the development of a system of special criminological approaches aimed at directly identifying the causes and minds of malice. These include the improvement of financial monitoring, the development of a risk-oriented view from the side of the regulator, the introduction of internal compliance and control systems, the improvement of the level of information and analytical security, digitalization of processes for identifying suspicious transactions, as well as strengthening interdepartmental interaction. It is established that the effectiveness of special criminological approaches is determined by their systemicity, complexity and adaptability to the current demands, closely related to the military camp. A thorough criminological policy has been directly proposed in the sphere of activity of nonbanking financial institutions, directly at the level of financial security of the state, minimization of criminogenic Risks and value placed on the financial sector.

DISTINGUISHING BETWEEN THE ELEMENTS OF CRIMINAL OFFENSES UNDER ARTICLE 139 AND ARTICLE 140 OF THE CRIMINAL CODE OF UKRAINE

Oksana Starko, Hanna Andrusiak — Thu, 28 May 2026 00:00:00 +0300

This article addresses the issue of distinguishing between the elements of a medical professional’s failure to provide assistance to a patient (Article 139 of the Criminal Code of Ukraine) and a medical or pharmaceutical professional’s improper performance of professional duties (Article 140 of the Criminal Code of Ukraine). It has been established that the elements of these criminal offenses are closely related, as they share several common (coinciding) elements in terms of content. These are elements that pertain to the direct object (a person’s health) and the subject (a medical professional) of both criminal offenses. In the course of analyzing the legal provisions, a number of characteristics have been identified by which the criminal offenses under consideration should be distinguished. Among these characteristics is a socially dangerous act. Under Article 139 of the Criminal Code of Ukraine, it consists of the inaction of a medical professional, specifically the failure to provide medical care to a patient. In contrast, the socially dangerous act under Article 140 of the Criminal Code of Ukraine consists not only of inaction (failure to perform professional duties) but also of actions (improper performance of professional duties). Furthermore, Article 139 of the Criminal Code of Ukraine refers to the failure to provide medical care, while Article 140 of the Criminal Code of Ukraine refers to the failure to perform or the improper performance of professional duties. It has been established that the distinguishing feature is the socially dangerous consequences of criminal offenses, namely their presence as a mandatory element of the offense under Article 140 of the Criminal Code of Ukraine (serious consequences for the patient) and their absence under Part 1 of Article 139 of the Criminal Code of Ukraine. One of the distinguishing features of the criminal offenses under consideration is the victim. Under Article 139 of the Criminal Code of Ukraine, a victim is only a person who is in a lifethreatening condition and therefore requires medical assistance, whereas under Article 140 of the Criminal Code of Ukraine, a victim is a “patient,” that is, any person who requires scheduled or immediate medical assistance. The distinguishing features of the criminal offenses under consideration are guilt and, in part, the subject. Under Part 1 of Article 139 of the Criminal Code of Ukraine, guilt is characterized by direct intent, while under Part 2 of Article 139 of the Criminal Code of Ukraine, it is characterized by negligence. Under Article 140 of the Criminal Code of Ukraine, the subjective element is determined by the mental attitude toward socially dangerous consequences and is characterized by negligence. Under Article 139 of the Criminal Code of Ukraine, the subject is a medical worker, while under Article 140 of the Criminal Code of Ukraine, the subject is both a medical and a pharmaceutical worker.

ANIMALS AS A SPECIAL OBJECT OF AGRARIAN, ENVIRONMENTAL, AND CIVIL LEGAL RELATIONS

Maria Sokol, Sofiia Koshulynska — Thu, 28 May 2026 00:00:00 +0300

The article provides a comprehensive analysis of the legal status of animals as a special object of agrarian, civil, and environmental legal relations in Ukraine. The relevance of the study is обусловлена the dual nature of animals, which combine the characteristics of property and living beings, requiring coordinated legal regulation across different branches of law. The purpose of the research is to determine the specifics of the legal regime of animals depending on their functional role – as a means of production, an object of property rights, or an element of the natural environment. Within the framework of agrarian law, animals are considered the main biological asset of agricultural production. The study analyzes the peculiarities of legal regulation in various branches of animal husbandry, including breeding, beekeeping, and aquaculture, and identifies the key requirements for the maintenance, use, and protection of animals. It is established that the legal regime in this field combines economic interests with the principles of humane treatment. In civil law, animals are recognized as a special object to which the legal regime of property applies, allowing their participation in civil circulation. At the same time, the limitations of this approach are emphasized due to the biological nature of animals, which necessitates additional guarantees of their protection and restrictions on property rights. Environmental law considers animals as a component of the animal world and an element of the ecosystem that requires protection and preservation. Particular attention is paid to wild fauna as an object of legal protection, as well as to the issues of reproduction and conservation of biodiversity. As a result of the study, the main characteristics of animals as objects of agrarian, environmental, and civil legal relations are identified. It is also substantiated that the legal status of animals has a complex and interdisciplinary nature, and its effectiveness depends on the consistency of legal norms across different branches of law as well as on adherence to the principles of humane treatment.

STATE BUILDING NORMS AS A SAFEGUARDING ELEMENT OF THE LEGAL MECHANISM FOR REGULATING CIVIL RELATIONS CONCERNING REAL ESTATE

Denys Spiesivtsev — Thu, 28 May 2026 00:00:00 +0300

This article examines the safeguarding functions of state building norms with regard to the rights and legitimate interests of parties to civil property legal relationships concerning real estate under construction, completed real estate projects, as well as immovable property that may be subject to potential negative impacts from a construction project during its construction or exploitation. The author defines the nature of state building norms as instruments of legal regulation of social relations in the field of construction. It is noted that state building norms largely determine the level of legal safeguarding of the health and lives of individuals who construct and operate (use) constructed real estate objects, as well as the property rights of individuals and (or) legal entities to real estate objects under construction and already constructed objects, as well as to real estate objects located within the range of potential negative impact from the relevant objects under construction or already constructed objects. At the same time, it is recognized that the primary determinant of the safeguarding orientation of state building norms is the need to safeguard the life and health of the relevant individuals. It is established that a significant portion of state building norms is focused on preserving the safety of a construction project after its completion, which is ensured by compliance with requirements for the structural elements of the project under construction, as well as rules governing its location relative to other structures during the development of a settlement’s territory. In addition, some state building norms are aimed at safeguarding the rights and interests of owners and users of existing real estate properties located adjacent to objects under construction. This generally involves the preservation of real estate (safeguarding of property rights), which is achieved in particular, by maintaining fire safety distances from existing real estate during the construction of new structures, as well as the creation of conditions for the proper use of real estate, achieved, in particular, by complying with requirements to protect individuals from the negative effects of noise and vibrations (safeguarding of the right of use). The specific nature of the safeguarding impact of state building norms on civil relations is defined, which embodied in both immediate preventative measures and long-term sustainability, reflected in ensuring the safeguarding effect of relevant measures both during the construction of a real estate object and during its exploitation.

ENSURING EQUAL RIGHTS FOR EMPLOYEES WHEN DISMISSED FOR UNLAWFUL MISCONDUCT

Ihor Yakushev — Thu, 28 May 2026 00:00:00 +0300

The article is devoted to clarifying the legal nature of termination of an employment contract at the initiative of the employer on the grounds of employees committing illegal acts. Based on the analysis of the norms of the Labor Code of Ukraine and the judicial practice of their application, it is concluded that the grounds for termination of an employment contract at the initiative of the employer are divided into dismissal for disciplinary offenses and other illegal acts committed by the employee. The basis for such a division is the time of committing illegal acts (during the performance of labor duties or at another time) and the place (at the workplace or outside it). It has been established that the distinction of illegal acts as grounds for termination of employment relations into disciplinary offenses and other offenses is not provided for in special legislation, in particular in the Laws of Ukraine “On Civil Service”, “On the Prosecutor’s Office”, “On the Judiciary and the Status of Judges”. Moreover, the same actions (for example, violation of ethical, moral norms) in the above-mentioned laws are classified as disciplinary offenses, but not in the Labor Code of Ukraine. It is substantiated that the dismissal of an employee from work for committing illegal actions (which are recognized or not recognized by the law as disciplinary offenses) is a legal liability applied by the employer. Differences in the terms and procedure for dismissal for disciplinary offenses and other illegal actions put employees who are dismissed on different grounds in an unequal legal position. Given the peculiarities of the legal regulation of the dismissal of employees for disciplinary offenses and in order to ensure equality of rights and prevent discrimination of employees, the need to establish uniform requirements and guarantees for all employees whose employment contract is terminated on the basis of committing unlawful acts, regardless of whether they were committed during or outside of work, at the workplace or in everyday life, whether such acts are related to work or not, is justified. Such norms will ensure equality and inadmissibility of discrimination of individuals, which are not only constitutional principles of the national legal system of Ukraine, but also fundamental values of the world community.

CONFLICTS OF INTERNALLY DISPLACED PERSONS IN UKRAINIAN COMMUNITIES: PROBLEMS OF INTEGRATION AND LEGAL MECHANISMS OF SETTLEMENT

Yana Lenher, Yuliia Fidria, Alla Horot — Thu, 28 May 2026 00:00:00 +0300

The article examines conflicts that arise in the process of integrating internally displaced persons into host territorial communities of Ukraine under the conditions of prolonged armed aggression and large-scale internal displacement. The relevance of the study is determined by the fact that internal displacement can no longer be viewed only as a humanitarian or social issue. It directly affects state legal policy, the powers of local self-government bodies, access to housing, employment, social and administrative services, and the level of social cohesion within communities. The purpose of the article is to clarify the nature of conflicts involving internally displaced persons, identify their main causes, and substantiate legal mechanisms for their prevention and settlement. The study applies formal legal, systemic, comparative legal, analytical and interdisciplinary methods. The article analyses Ukrainian legislation on the protection of the rights and freedoms of internally displaced persons, the Law of Ukraine “On Mediation”, scholarly works of Ukrainian researchers, statistical materials and selected international approaches to local conflict resolution. It is argued that conflicts in host communities are multifactorial in nature. They are connected with competition for resources, housing and employment problems, unequal access to social support, insufficient communication between internally displaced persons and local residents, and the psychological consequences of forced displacement. Particular attention is paid to the role of the territorial community as the primary environment for integration, where practices of coexistence, social trust and local stability are formed. The article demonstrates that effective integration of internally displaced persons requires a comprehensive combination of legal, social, psychological and communication instruments. Mediation is of particular importance in this context, including community mediation, insider mediation and court-related mediation, as it can not only resolve individual disputes but also restore communication and trust between the parties. The article concludes that mediation should be regarded as a promising element of legal policy aimed at integrating internally displaced persons into Ukrainian territorial communities.

COMPARATIVE ANALYSIS OF THE LEGAL REGULATION OF REGULATORY AUTHORITIES’ ACTIVITY IN UKRAINE AND EUROPEAN COUNTRIES AND THE PROCEDURE FOR APPEALING THEIR DECISIONS

Yurii Pavlyk — Thu, 28 May 2026 00:00:00 +0300

The article provides a comprehensive comparative legal analysis of the legal regulation of the activities of controlling bodies in Ukraine and European countries, as well as the procedure for appealing decisions taken by them. The legal nature of controlling bodies as subjects of public authority powers is revealed, the features of their implementation of discretionary powers are analyzed, and key differences between national and European control models are determined. Particular attention is paid to administrative and judicial mechanisms for appealing decisions of controlling bodies, the role of the practice of the European Court of Human Rights and specialized appellate institutions in EU countries. European models are characterized by clear procedural regulation, limitation of discretion by the principle of proportionality and the presence of effective mechanisms for administrative and judicial appeal. Based on the analysis, conclusions were formulated on the areas of improving the legal regulation of the activities of regulatory authorities in Ukraine, taking into account European standards of good governance and effective protection of the rights of individuals. Legal regulation of the activities of regulatory authorities in Ukraine requires unification and a transition from a punitive to a service-oriented model that meets EU standards. The system of appealing decisions of regulatory authorities in European countries is mainly based on the principle of mandatory pre-trial (administrative) appeal, which serves as a filter for the judicial system. In Ukraine, it is advisable to consider the introduction of a mandatory administrative procedure for certain categories of disputes. To increase the efficiency of complaint review, it is worth considering the implementation of the European experience of creating quasijudicial bodies (commissions, tribunals) or the institution of mandatory mediation (as in France), which will ensure the independence of the review and relieve administrative courts. Judicial control over decisions of supervisory bodies should take into account the balance between checking legality and interference with the body’s discretionary powers.