BASIC INFORMATION ABOUT THE MAGAZINE URL: http://pti.org.ua/ title: Law and innovations (L&I) ISSN: ISSN 2518-1718 (Online), ISSN 2311-4894 (Print) registration data: UDC 340:001.895 Series KV No. 21739-11639PR from 24.11.2015 Founder and publisher: Scientific and Research Institute of Providing Legal Framework for the Innovative Development of National Academy of Law Sciences of Ukraine. EDRPOU Code: 36988898. Institute website https://ndipzir.org.ua/ year of foundation: 2011 «Topical issues of innovative development» since 2013 the name of the journal is «Law and Innovations» summary and main sections of the publication: The purpose of the journal is to create the conditions for a specialized platform for authors to cover the results of their research. In particular, the disclosure of various aspects of innovative development and comprehensive social factors that affect innovation systems, as well as the exchange of scientific and practical experience. The main concept of Law and Innovations is to provide and encourage the development of national legal science through the coverage of a wide range of doctrinal and practical aspects in the field of innovative development and the national innovation system. Subjects according to the branch of science "12.00.00 - Legal sciences" according to the current list of branches of sciences. Subjects under the field of science “12.00.00 – Jurisprudence” according to the current list of scientific fields and 293 International law». language of publication: Ukrainian and English databases in which the edition is present: - ERIH PLUS (European Reference Index for the Humanities); - Academic Research Index – ResearchBib (Japan); - Polish Scholarly Bibliography (PBN) (Poland); - Index Copernicus (IC) (Poland) (ICV 2022: 75.76); FULL INFORMATION ABOUT THE JOURNAL IN THE "ABOUT THE JOURNAL" SECTION
Науково-дослідний інститут правового забезпечення інноваційного розвитку НАПрН України НАПрН України
The impact of autonomous robots on society and law: a forecasting dimension
Problem setting. Modern social reality is characterized by an unprecedented total transformation of individual and social existence under global technological influence, caused by the development of artificial intelligence, genetic engineering, and global crises that change human nature, values, and paradigms of human development. Autonomous robots are one of many technologies created by humans and used by them for various purposes, both good and, conversely, not good. The question arises: what role do law, ethics, and politics play in regulating this influence and in ensuring the protection of the fundamental values of society? The answer to this question requires an interdisciplinary approach, since only by considering it from different perspectives can the social and legal impact of such systems be understood. Analysis of recent researches and publications. The problematic issues in research on the technological impact on society, individuals, and law are interdisciplinary. Recently, scientists and futurists have actively discussed questions regarding the status of a person under the influence of technological advancements (R. Kurzweil, A. Reqwitz, M. Bordes and others). Researchers pay significant attention to ethical boundaries, social and existential risks (S. Russell). Ukrainian researchers, in their works, analyze the impact of the development of digital technologies, which are developing exponentially, on society, individuals, and the law; they discuss the existential meanings of social singularity, the image of the future of humanity. This issue is addressed in the works of scholars of the Ukrainian socio-philosophical school: N. Ventsel, V. Voronkova, N. Kovtun, O. Konovalенко and I. Utyuzh, and others. In the works of Ukrainian legal scholars, the philosophical-legal aspects of the technological attitude to legal knowledge and the digitization of law are highlighted (Zh. Pavlenko and others), questions of fundamental values in modern conditions (Yu. Razmetaeva and N. Filatova-Bilous and others), human rights through the prism of artificial intelligence, robotics, and the digital human (O. Radutny and others), the legal status of artificial intelligence (T. Popovich and others). The purpose of the research is how to provide regulatory mechanisms to counter the potential harms posed by autonomous robots and avoid the trap of treating them as something completely new, while at the same time being mindful of their impact on society. Articleʼs main body. The article argues that understanding the social and legal impact of autonomous robots is possible only through examining the issue from multiple perspectives, as it requires an interdisciplinary approach. It is established that while we shape technologies and technologies, in turn, shape us, it is essential to find an answer to the question of how to ensure this process of mutual influence in a way that protects rather than undermines legal, moral, and political standards. In this context, the need to focus on the issue of autonomous robots and justice is emphasized, particularly within the framework of the interrelationship between justice, the rule of law, and equality. The importance of the ethical dimension—specifically moral responsibility—is highlighted in order to determine how responsibility should be appropriately attributed to autonomous systems and whether the use of autonomous artificial intelligence creates a responsibility gap. The need to analyze the relationship between autonomous artificial systems, power, and responsibility is also identified. Conclusions and prospects for development. A possible approach to defining reference points in a situation that is dynamically changing under the influence of technology, and to ensuring regulatory mechanisms to counteract the potential harm posed by autonomous robots—while avoiding the trap of treating them as something entirely new and at the same time keeping in mind their impact on society—is, in contemporary philosophical and legal discourse, associated with the formation of the concept of social singularity.
civilizational waves of societal development
Principles of artificial intelligence in law
Problem setting. The technological advances we have seen in recent years have allowed autonomous AI systems to become increasingly complex. This offers great benefits for both individual users and society. However, it is important that such systems do not violate social norms. As autonomous systems are no longer viewed as mere tools, but are gradually taking on functions that previously could only be performed by humans, even to the role of guardians and interactive agents, the appropriateness of their actions and choices necessarily includes normative considerations. This implies regulatory sensitivity and a certain level of regulatory decision-making, the consequences of which are far-reaching. Analysis of recent researches and publications. A wide range of ethical principles and values to be relied upon in the development and deployment of autonomous robots has been presented by various authoritative organizations. In particular, these principles were formulated by the European Commission in 2019 in the Ethics Guidelines for Trustworthy AI, in the Montreal Declaration for a Responsible Development of AI, developed under the auspices of the University of Montreal following the Forum on the Socially Responsible Development of AI in November 2017, and in the ASILOMAR AI Principles, developed under the auspices of the Future of Life Institute in cooperation with participants of the highlevel ASILOMAR Conference in January 2017. In Ukraine, the regulation of АІ is at an early stage. In 2020, the Concept for the Development of AI in Ukraine was approved, aiming to propose an approach to regulating artificial intelligence technologies. In December 2024, the Voluntary Code of Conduct on the Ethical and Responsible Use of АІ was adopted, guiding companies toward the implementation of ethical principles in their internal processes, providing for risk assessment and adaptive implementation of measures, as well as the establishment of a self-regulatory body to support cooperation and exchange of experience. The first version of the АІ Development Strategy of Ukraine until 2030 was presented in November 2025 at the WINWIN Summit. It outlines a step-by-step plan on how technology can improve public administration, education, defense, healthcare, and other areas of life in Ukraine. Ukrainian scholars primarily focus their research on the analysis of current legal issues related to the development and implementation of АІ (S. Vozniuk, V. Hryshko, N. Rudenko, Zh. Udovenko, etc.), the determination of the limits of technology use in various fields (D. Bielov, M. Bielova, Ya. Bernaziuk, etc.), and the protection of personal data collected by АІ systems, including the establishment of rules for their storage and use (I. Bochkova, K. Vrublevska-Misiuna, etc.). At the same time, insufficient attention is paid in domestic academic sources to the analysis of АІ principles in law, according to which highly autonomous AI systems should be designed in such a way that their goals and behavior are reliably aligned with human values through their operation and remain compatible with the ideals of human dignity, rights, freedoms, and cultural diversity, while also being trustworthy. The purpose of this research is to consider the basic principles of artificial intelligence, which can be reduced to working rules that an autonomous agent will follow, and which will remain compliant with modern legal requirements. Article’s main body. The article substantiates that, in order to prevent harm – especially as artificial intelligence systems at various levels become increasingly integrated into society and directly coexist with users – he need to embed ethical and legal norms into autonomous agents is becoming ever more pronounced. It is emphasized that since autonomous systems are no longer regarded merely as tools but are gradually assuming functions that previously could be performed only by humans – even taking on the roles of caregivers and interactive agents – the appropriateness of their actions and choices necessarily involves normative considerations. This presupposes normative sensitivity and a certain level of normative decision-making, the consequences of which are far-reaching. It is noted that ensuring the safe and reliable functioning of autonomous artificial intelligence systems requires careful attention to the legal, ethical, and cultural context in which they operate. A broad range of ethical principles and values presented by various authoritative organizations, which should serve as a foundation for the development and deployment of autonomous robots, is identified. Legal principles are also outlined, including the right to privacy, respect for human dignity, transparency and the right to due process, the right to information, the right to self-determination and nondiscrimination, as well as socio-economic rights and the rights to security and social protection. Conclusions and prospects for development. The rapid progress in the development of autonomous agents may lead to the emergence of applications that can significantly enhance well-being, while at the same time having the potential to cause harm. To ensure their safe and reliable functioning, it is essential to pay close attention to the legal, ethical, and cultural context in which they operate. Since the legal regulation of this technology is still at an early stage, in order to ensure further progress, regulatory norms should be guided by ethical principles rather than prohibitions and remain aligned with contemporary legal requirements. To prevent harm, especially as these technologies become increasingly integrated at closer levels with their users, it is necessary not only to generalize the fundamental principles of artificial intelligence, which can be reduced to operational rules to be followed by an autonomous agent, but also to develop methods for embedding social norms into autonomous agents. These norms are often expressed as abstract high-level principles that are not easily translated into operational rules that an autonomous system must follow. One of the methods for implementing these high-level normative principles into operational rules of behavior of an autonomous system, in a way that can be trusted and satisfy users, lies in combining mandatory requirements and voluntary standards.
legal regulation of artificial intelligence
Innovative solutions for forced opening of vehicles in police activities
Problem setting. The article examines the current issues of improving police activities in the field of forced opening of vehicles in the context of modern security challenges. The authors focus on the need to develop and implement innovative technical means aimed at increasing the effectiveness of the response of employees of the National Police of Ukraine in situations related to a threat to life and health of people or the need to stop offenses. Analysis of recent researches and publications. A significant number of fundamental and applied research works by scholars such as A. S. Vasilyev, E. V. Dodin, O. V. Kuzmenko, V. I. Kurylo, S. G. Stetsenko, A. O. Sobakar, V. K. Shkarupa, and others. It is worth highlighting the opinion of R. M. Pylypiv, who proposes adding to preventive police measures the authority to require the driver of a vehicle lawfully stopped to open the window by at least two-thirds, turn on the interior lights of the vehicle, and not leave the vehicle without a specific command from the police officer. Purpose of the research is to provide a scientific basis for the design and operating principles of a specialized device for the forced entry of vehicles, as well as to develop an effective and safe methodology for its use in the official duties of National Police of Ukraine officers at the national level. Methodology. Scientific and practical approaches to creating a specialized device for forced opening of vehicles are analyzed, its design features and principle of operation are determined. It is established that the device for forced opening of a vehicle is a fixed and ready-to-use specially oriented device, which is a rigid structure consisting of a fixing frame, which rests on the glass surface using vacuum suction cups, and an impact inertial hammer located perpendicular to the glass with a movable striker in the handle for accelerating the hammer. Article’s main body. The technical characteristics of the device for forced opening of vehicles are described and details of its maintenance are indicated. Special attention is paid to the development of a method for using the device, which ensures safety, controllability and minimization of injuries during the destruction of car glass. It is proven that the use of the proposed technical solution contributes to the reduction of material damage, increasing the level of protection of individuals and the efficiency of performing official tasks. The work emphasizes the importance of regulatory regulation of the use of innovative technologies in police activities, as well as the need to train personnel to work with the latest technical means. Conclusions and prospects for development. Therefore, for the full and unhindered use of the device by police units at the state level, it is proposed to amend the Law of Ukraine “On the National Police” in terms of expanding the list of special means and determining the grounds and procedure for using devices for forced opening of vehicles. After all, the implementation of innovative solutions in the field of forced opening of vehicles will contribute to increasing the efficiency of law enforcement activities, reducing the level of risks and ensuring the proper level of protection of citizens’ rights.
Legal regulation of construction waste management from an environmental perspective
Problem setting. The issue of legal regulation of construction waste management has become one of the most pressing challenges of modern environmental law in the context of intensive urbanization and infrastructure development. The rapid growth of construction activities generates significant volumes of construction and demolition waste, which often contain hazardous components and create a considerable technogenic burden on the environment. In many cases, the existing legal framework does not sufficiently reflect the specific nature of such waste, resulting in environmental risks, ineffective control mechanisms, and insufficient liability of business entities. Therefore, the need to improve legal regulation and ensure environmentally sound construction waste management is both scientifically and practically significant. Analysis of recent research and publications. The legal and environmental aspects of construction waste management have been increasingly addressed in contemporary legal scholarship. Both domestic and foreign researchers emphasize the necessity of implementing integrated legal mechanisms, strengthening environmental responsibility, and introducing circular economy principles. Among Ukrainian scholars who have contributed to the development of environmental and natural resource law in this area are A.P. Hetman, V.L. Bredikhina, Yu.S. Shemshuchenko, N.R. Malysheva, H.N. Polyanska, V.G. Emelyanova, V.V. Nosik and others. Their works highlight the need to modernize environmental legislation and align it with European legal standards. Target of the research. The purpose of this study is to analyze the legal framework governing construction waste management from an environmental perspective, identify its shortcomings and gaps, and propose directions for improving legislation in this field. The research also aims to assess environmental risks associated with construction waste and to develop recommendations for strengthening legal liability and enhancing environmental safety mechanisms. Article’s main body. Construction waste is a heterogeneous category that differs significantly from municipal solid waste in both composition and environmental impact. It includes concrete, metals, plastics, wood, glass, and potentially hazardous substances that require specialized collection, transportation, recycling, and disposal methods. The study shows that in practice, environmental safety requirements are often violated: unauthorized landfills are created, waste is disposed of improperly, and recycling remains insufficiently developed. The current system of legal regulation in Ukraine is characterized by fragmentation and lack of systemic coherence. Existing legislation primarily focuses on general waste management, while construction waste is regulated only indirectly. There is a lack of comprehensive by-laws governing all stages of construction waste handling, insufficient economic incentives for recycling, and weak institutional coordination among public authorities. As a result, environmental control mechanisms remain ineffective, and environmental damage continues to increase. The research substantiates the need to harmonize national legislation with European Union law, particularly regarding the implementation of the waste hierarchy, extended producer responsibility, and circular economy principles. The development of secondary raw material markets, digital tracking systems for waste flows, and modern recycling infrastructure is identified as a priority direction for reform. Conclusions and prospects for development. The study concludes that the current legal regulation of construction waste management requires substantial reform. Legislative fragmentation, insufficient enforcement, and lack of specialized regulation create serious environmental risks and hinder sustainable development in the construction sector. Improving the legal framework, strengthening state control, introducing economic incentives, and raising environmental awareness among stakeholders are essential steps toward ensuring environmental safety. Further development of legal regulation in this area should focus on the implementation of European environmental standards, the introduction of innovative waste management technologies, and the formation of an effective circular economy model in the construction industry. These measures will contribute to reducing environmental pollution, increasing resource efficiency, and ensuring the long-term ecological sustainability of the construction sector.
The role of innovative systems in the formation of legal relations in the field of the environment
Problem setting. The article is devoted to the comprehensive study of the role of innovative systems in the formation of legal relations in the field of the environment. In the context of digital transformation, global environmental challenges and the transition to sustainable development, the need for a conceptual understanding of innovative systems and their legal impact on environmental governance is becoming increasingly relevant. The research focuses on defining the essence, structure and functional significance of innovative systems as a basis for the modernization of environmental legal relations. Analysis of recent researches and publications. The issue of legal regulation of environmental relations and innovation processes has been addressed by a number of prominent scholars, including A. P. Getman, G. I. Balyuk, M. V. Krasnova, E. M. Bilousov, V. L. Bredikhina, D. V. Zadykhailo, D. D. Zadykhailo, I. V. Anisimova and others. However, despite the significant scientific achievements, the problem of understanding innovative systems as an integral legal and institutional phenomenon in the environmental sphere remains insufficiently explored. Target of the research. The research is based on general scientific and special legal methods, including systemstructural analysis, formal-legal method, comparative legal approach and interdisciplinary analysis. The study also includes the examination of national environmental legislation, strategic policy documents and international standards in the field of environmental governance and innovation. Article’s main body. The article reveals the concept of an innovative system as a complex of interconnected institutional, technological, legal, economic and communication elements that ensure the creation, dissemination and application of environmental innovations. The functional roles of these components are analyzed in the context of environmental protection, rational use of natural resources and sustainable development. It is substantiated that the interaction of these elements forms a new model of environmental legal relations based on digital technologies, environmental monitoring systems, open data and participatory governance. Particular attention is paid to how innovative systems transform traditional environmental legal institutions, including state supervision, environmental audit, environmental impact assessment and legal liability. The study demonstrates that innovative systems increase transparency, improve access to environmental information, strengthen public participation and enhance the effectiveness of legal enforcement. At the same time, the research identifies key challenges such as insufficient legal regulation of environmental data circulation, lack of technological standardization, cybersecurity risks and unequal access to innovative resources. Conclusions and prospects for development. It is concluded that innovative systems are a determining factor in the evolution of environmental legal relations and the formation of a modern model of environmental governance based on integration, openness and technological efficiency. Their further development requires systematic improvement of legislation, harmonization with international and European standards, creation of a clear terminological framework and strengthening of institutional capacity. The integration of innovative systems into environmental governance should be comprehensive, combining legal, technological, economic and social instruments in order to ensure effective environmental protection and sustainable development.
On the issue of information and cybersecurity in the activities of probation authorities
Background. The rapid development of information technologies and the intensive digitalization of public administration significantly affect the functioning of the probation system in Ukraine. Along with positive effects related to efficiency, accessibility, and optimization of control and supervisory measures, these processes generate new risks in the field of information and cybersecurity, particularly in relation to the processing and protection of personal data of probation subjects. Purpose. The purpose of the article is to analyze the current state of information and cybersecurity in the activities of probation authorities in Ukraine through the prism of regulatory and legal regulation and practical implementation, as well as to identify key problems and outline priority directions for improving institutional capacity in this area under modern conditions. Methods. The study is based on a set of general scientific and special legal research methods, including analysis and synthesis, formal-legal, comparative-legal, systemic and structural-functional methods. Normative legal acts regulating probation activities, information protection and personal data processing were analyzed, along with practical aspects of the functioning of authorized probation bodies. Results. The article identifies significant difficulties in ensuring effective control and social-educational work with probation subjects in the context of digital interaction and remote forms of influence. Particular attention is paid to risks related to the collection, storage, processing and transmission of personal data, as well as vulnerabilities caused by insufficient technical protection, fragmented legal regulation and limited digital competencies of personnel. It is established that achieving high efficiency in probation tasks requires reforming traditional forms and methods of work, implementing innovative digital solutions, mobile communication tools, and adopting best international practices. The necessity of forming an integrated system of information and cybersecurity based on organizational, technological and human resource approaches is substantiated. Conclusions. The study concludes that strengthening information and cybersecurity in the activities of probation authorities is a prerequisite for effective prevention of repeated criminal offenses and sustainable development of the probation system. The article emphasizes the need to eliminate gaps in legal regulation, enhance interagency coordination, improve personnel training, and develop a coherent state policy in the field of information protection. The proposed measures are aimed at increasing the institutional resilience of probation authorities and ensuring a balance between digital innovation and the protection of fundamental rights.
Some problems of adaptation of Ukrainian renewable energy sources an legislation in the field of alternative energy sources to the EU acquis
Problem setting. For our state, the development of renewable energy sources has acquired special importance and weight in view of military actions, the destruction of critical infrastructure by the aggressor, the seizure of a nuclear power plant, etc. At the same time, one of the key aspects aimed at forming a legal framework for stimulating and developing alternative energy sources also remains the obligations taken by Ukraine within the framework of European integration processes. The formation of a system of effective energy legislation is, on the one hand, a long-term and multi-stage process, and on the other hand, interdependent on the level of development of social relations, politics, and the economy of the state. Thus, there is a need to study the issue of legal regulation and identify the main problematic aspects of adapting Ukrainian legislation in the field of renewable energy sources to European legislation. Analysis of recent research and publications. Several both Ukrainian and foreign scientists have studied the issues of proper regulatory regulation of legal relations in the energy sector in general and in individual areas. In particular, the issues of legal support for the sustainable development of the energy system of Ukraine under martial law and post-war recovery were analyzed in their work by I.V. Podrez-Ryapolova. Lenger Ya.I. Demchuk A.M., Chumachenko I.E., studied the issues of the genesis of European energy policy, international legal regulation of alternative energy, etc. Particular attention was paid to the issues of considering the directions of accelerated development of renewable energy in the European Union in the work of Díaz-Cuevas P., Pérez-Pérez B., Lopes H.L., & Ferreira P. on the example of Portugal. Purpose of the research is to research into the main current problems of approximating the Ukrainian regulatory framework in the field of renewable energy sources to the provisions of European Union law. The article was carried out within the framework of the fundamental research topic “Theoretical and legal foundations of innovative development of the energy system of Ukraine”, state registration number 0124U005149. Article’s main body. The article is devoted to the study of the main trends in the legal regulation of energy issues at the international level in general and in the European Union in the field of renewable energy. Attention is paid to the main guiding documents of the European Union in this area. The general problems of adapting the provisions of such documents by the Member States of the European Union are analyzed. A conclusion is made regarding the presence of similar problems while adapting Ukrainian legislation to EU law, and the specific difficulties of such approximation for our state are also highlighted. The draft Law of Ukraine “On Amendments to Certain Laws of Ukraine on the Implementation of European Union Legislation in the Field of Renewable Energy Sources” dated December 3, 2025, No. 14271 is analyzed, the purpose of which is to implement European Union legislation in terms of bringing the national regulatory framework in the field of renewable energy sources into line with the requirements of European legislation, in particular, Directive (EU) 2018/2001. Based on the results of this analysis, the main risks, and benefits of the said draft law were identified, and the corresponding conclusions were drawn. Conclusions and prospects for the development. The process of humanity’s transition to the use of alternative energy sources is long, consistent, and inevitable. These aspirations are approved both at the level of international legal regulation and in the legislative acts of individual states. For Ukraine, the issue of stimulating the production and use of alternative energy sources is of particular importance given the difficult situation with the energy infrastructure caused by Russian attacks, as well as the European integration obligations undertaken. Currently, our country is gradually approximating its legislation to EU law in the field of renewable energy sources. At the same time, one of the documents designed to ensure such approximation was the draft Law No. 14271. At the same time, even though the provisions of the draft are generally close to European guiding documents, special attention needs to be paid to the need to harmonize them with current regulatory legal acts in related areas and the Ukrainian legal system.
Theoretical framework of state incentives for renewable energy sector development
Problem setting. The critical importance of energy generation from renewable energy sources amid contemporary challenges necessitates the need for state incentives for the development of this economic sector. Analysis of recent researches and publications. More than thirty scientific works that directly or indirectly investigate the issues of state incentives for the development of the renewable energy sector have been analyzed. It is concluded that while the description of specific incentive instruments prevails in scholarly literature, there is a lack of systematic study regarding the theoretical foundations of state incentives for the development of renewable energy sources. Purpose of the research is to generalize the theoretical provisions of state incentives for the development of renewable energy and to substantiate directions for improving state policy and legal framework in this field. Article’s main body. The conceptual framework of state incentives for economic development are considered, specifically: the essence of state incentives as a component of state economic policy, the classification of incentives, potential risks and causes of inefficiency of incentives, and control mechanisms. The national legislation regulating the processes of development and implementation of the state incentive policy is analyzed. The specific features of the renewable energy sector are highlighted. Provisions that should be integrated into the legal framework for renewable energy incentives are formulated. The directions for stimulating the renewable energy sector are identified, and the main incentive instruments within these directions are listed. The primary risks of state incentives for renewable energy development are considered. The reasons for the gradual transformation of incentive mechanisms are substantiated. The regulatory acts defining the state policy for stimulating renewable energy and regulating incentive measures are listed and categorized. It identifies gaps in control procedures and performance criteria within state target programs that hinder the prevention and controlling of risks. Furthermore, the research proposes legislative improvements aimed at ensuring policy transparency, enhancing the effectiveness of oversight procedures, and establishing the responsibility of officials for ineffective decisions. Conclusions and prospects for development. The presence of effective incentive mechanisms is one of the fundamental elements of state policy for renewable energy development, which aims to achieve goals of energy security, environmental sustainability, and economic effectiveness. Further research will be directed towards improving the legal mechanisms of state incentives, taking into account the control over their effectiveness.
Integration of smart grids and renewable energy sources in the automotive sector in the context of Ukraine’s energy transition
Problem setting. Transport electrification is not only a technological process but also a structural factor in the transformation of Ukraine’s energy sector. The modern paradigm of decarbonization leads to the systemic convergence of the energy and transport sectors, where large-scale electrification acts as a catalyst for the transformation of vehicles from passive consumers into active intelligent nodes of the energy network. The introduction of bidirectional energy transfer (V2G) technologies and the concept of «smart» charging allows the integration of the electric vehicle fleet into the overall power balancing system, transforming it into a distributed flexibility resource. This synergistic approach not only stabilizes the power system in conditions of high intermittent generation from renewable sources, but also forms a new architecture of energy security, where transport infrastructure becomes an integral element of demand management. Analysis of recent researches and publications. An analysis of recent studies and publications on the chosen topic shows that the theoretical, methodological, and practical essence of «smart grids» has been the subject of scientific research by various scholars. Thus, in their publications, the category of «smart grids” was analyzed by Bugazianus C. M., Putsenteilo P. R., Ru J. et al. The following scientists have paid attention to innovations in the automotive sector, including electric vehicles, in their scientific works: Acharige S. S. G. et al., Ashfaq M. et al., Naseem H. et al., Sanjana D. et al., Prokopenko O. V., Välk K. Among scientists, the issues of energy transition were studied by Zvarych R. E. and Kharkovskyi B. V., Shkurat M. E. and Kuzmenko E. G. Target of research. The purpose of the article is to provide a comprehensive analysis of transport electrification and the implementation of Smart Grid and RES technologies as interrelated components of Ukraine’s energy transition, as well as to study the legal, economic, and institutional mechanisms for their implementation in the context of decarbonization and European integration. Article’s main body. The integration of the Smart Grid concept is a fundamental factor in the transformation of power systems, enabling electric vehicles to transition from passive consumption nodes to active demand management agents. The use of Vehicle-to-Grid (V2G) technology allows the stochastic nature of generation from renewable energy sources to be offset by using vehicle batteries as decentralized energy storage systems. Conclusions and prospects for the development. The transformative role of the automotive sector in the Smart Grid structure has been identified. Emphasis is placed on the V2G (Vehicle-to-Grid) concept, according to which electric vehicles are considered as mobile energy storage systems that balance fluctuations in generation from renewable energy sources (RES). Based on an analysis of the regulatory framework of Ukraine and the EU governing the integration of electric transport into the energy system, the prospects for the development of a decentralized energy infrastructure are outlined. The fundamental transformation of the national energy system in the context of the global energy transition has been studied: from a static centralized model to a dynamic decentralized network. The paper reveals the mechanisms for the introduction of digital management technologies and changes in the role of consumers in the energy system. It is proven that this transition is not only a technological upgrade, but also a critical condition for ensuring national security and energy sustainability of the state. The concept of Smart Grid as a key tool for the digital transformation of Ukraine’s energy sector is substantiated.
bidirectional charging of electric vehicles
Fostering veterans business development in Ukraine: international experience from the United States
Problem Statement. The full-scale armed aggression of the Russian Federation against Ukraine has led to a sharp increase in the number of war veterans, for whom the issue of returning to peaceful life has taken on not only a social but also an economic dimension. After completing their military service, a significant number of veterans face difficulties in finding employment, limited opportunities for professional fulfilment, psychological consequences of combat experience, and the need for financial stability. In these circumstances, the development of veteran-owned businesses is seen as one of the most effective tools for economic reintegration, self-employment and increasing the level of social inclusion of veterans and their families. Despite the existence of individual programmes to support veterans in Ukraine, the system for promoting the development of veteran entrepreneurship remains fragmented, insufficiently coordinated and does not fully take into account the complex needs of this social group. The lack of stable financial mechanisms, limited access to educational and advisory resources, and insufficient coordination between state institutions, local authorities and civil society organisations reduce the effectiveness of the implementation of relevant policies. Purpose of the Article is to provide a comprehensive analysis of social protection and the development of veteran businesses in Ukraine under martial law, as well as to identify ways to adapt best practices for creating an effective state system for reintegration and supporting entrepreneurial initiatives by veterans, based on an analysis of international experience (particularly in the United States). Article’s main body. The article is devoted to researching the promotion of business development among war veterans in Ukraine and international experience in the United States. This article examines the issue of meeting the needs of veterans and adapting best international practices. The latest approaches to the socialisation and adaptation of war veterans are considered. The article examines the topical issue of veteran business as one of the effective tools for economic reintegration, self-employment and increasing the level of social inclusion of veterans and their family members, as well as social protection of war veterans in the context of full-scale aggression by the Russian Federation against Ukraine. The author analyses the complexity of the social challenges faced by combatants and their families, emphasising the need for a systematic approach to the reintegration and socialisation of veterans. The international experience of supporting veterans in countries such as the United States and the possibility of adapting it to Ukrainian conditions are considered. Key areas of state policy for ensuring the rights and guarantees of this category of the population are identified, including medical, psychological and financial support. Particular attention is paid to the creation of a comprehensive system of support for veterans at the national level, taking into account international legal standards, innovative approaches and the peculiarities of Ukraine’s economy.
The theoretical and legal foundations of prohibiting discrimination against war veterans
Problem setting. One of the problems of contemporary law is ensuring the observance of the rights of war veterans and their unbiased treatment, which is conditioned by the steady growth of this category among the population and the significance of military feats of war veterans for Ukrainian statehood. Purpose of the research. The purpose of the article is to analyze the theoretical and legal foundations of prohibiting discrimination against war veterans in modern conditions. The article aims to address the following tasks: 1) whether the status of a war veteran falls under the current concept of a “protected ground” in Ukrainian anti-discrimination law; 2) whether veteran status requires independent normative recognition as a basis for enhanced legal protection; 3) the correlation between the principles of equality, non-discrimination, and affirmative action regarding war veterans.the possibility of including the legal status of war veterans among the list of protected grounds in anti-discrimination law. The research is based on works addressing the theory of equality law and criteria for defining protected grounds (Kate Malleson), the justification of interrelations between equality, non-discrimination, and protected characteristics (Sandra Fredman), and the principle of equality (Anne Bayefsky). Ukrainian scholars who have addressed the issue of protected grounds in anti-discrimination law include Yu. V. Pozharov, O. V. Pozharov, S. V. Vyshnovetska, T. A. Doroshenko, among others. Article’s main body. The article examines the problem of rethinking classical approaches to the list of protected grounds in anti-discrimination law and the limits of applying the principle of equality, caused by the transformation of Ukrainian society and the formation of war veterans as a new socially vulnerable group. The author notes that contemporary anti-discrimination law is developing toward an expanded understanding of protected grounds, combining formal, substantive, and rights-based approaches. Current Ukrainian legislation does not explicitly recognize war veteran status as an independent protected ground; however, the category of “other grounds” in the definition of discrimination potentially allows inclusion of veteran status if discriminatory treatment is proven. This indirect approach does not ensure sufficient legal certainty and may complicate the practical implementation of antidiscrimination protection for war veterans. The relationship between the principles of equality, non-discrimination, and affirmative action in modern legislation is analyzed. The principle of equality in contemporary law is considered in a substantive sense, which implies not only a prohibition of unjustified differential treatment but also the state’s duty to eliminate the consequences of structural inequality. In this context, affirmative action is not an exception to the principle of equality but a mechanism for its implementation, aimed at ensuring real equality of opportunities for socially vulnerable groups, including war veterans. Conclusions and prospects for development. It is substantiated that affirmative actions regarding war veterans have a broader scope than traditional measures in labor and social security and encompass a complex of state support in various spheres of social life. A theoretical and legal approach is proposed for considering war veteran status as a potential independent protected ground in anti-discrimination law and for defining the limits of applying affirmative action to this category. It is suggested to normatively enshrine the legal status of war veterans as a protected ground in anti-discrimination legislation to strengthen the guarantees of legal protection for this category of persons. The results can be used for further development of anti-discrimination legislation, law enforcement practice, and the formation of state veteran policy aimed at ensuring real equality and effective protection of the rights of war veterans.
Joint activities, partnerships and other forms of cooperation in the economy: contractual and legal foundations
Problem setting. In the context of transformation of economic processes, complication of the market environment and strengthening of crisis factors in the economic system of Ukraine, cooperation in the field of management acquires special importance. The latter reflects a complex system of property, organizational, including organizational and managerial relations between participants in economic relations. The multidimensionality of the concept of “cooperation” necessitates the delimitation of its forms, clarification of the categorical apparatus and determination of the functional purpose of the corresponding contractual structures in the system of economic and legal regulation of various forms of interaction of economic law subjects. At both the legislative and theoretical levels, a holistic approach to the general concept of cooperation in the field of management and the system of its contractual and legal support has not yet been formed, which necessitates their doctrinal understanding. Analysis of recent researches and publications. Certain aspects of the legal regulation of joint activities and their contractual support are the subject of scientific works by a number of domestic scholars and lawyers, among whom it is worth noting: O. E. Blazhivska, M. R. Garibadze, V. K. Gutsulyak, Yu. A. Dmytrieva, V. M. Kossak, I. I. Kylymnyk, O. A. Pidoprihora, S. Yu. Pogulyaev, V. V. Reznikov, O. E. Kharitonov, K. V. Shaperenkov, G. V. Yurovska, Yu. M. Yurkevich and others. At the same time, general issues of cooperation and the delimitation of its forms in the field of management, as a necessary basis for the specialization of contractual structures related to their regulation, remain insufficiently studied. As a result, the fragmentation of legal regulation of cooperation within the framework of economic turnover complicates its proper contractual registration, which necessitates the theoretical understanding of the functional purpose of the relevant agreements. Purpose of the research is to analyze the legal nature of cooperation and its forms in the field of business, the nature of their relationship, as well as the corresponding contractual models of their implementation. Article’s main body. The article is devoted to important aspects of legal regulation of joint activities, partnerships and other forms of cooperation in the economic sphere. As situational cooperation, the author defines a negotiating form of interaction of potential contractual counterparties, aimed at a specific (time-limited) result reaching an agreement on all essential conditions of the future contract. The term “cooperation”, in the opinion of the author of the article, reflects not only the form of economic and production, but also economic and organizational interaction, including with the participation of subjects of power organizational and economic powers, in order to achieve economic, organizational, including organizational and managerial and other effects. Cooperation of territorial communities is given as an example of such interaction. The conclusion is made about the need for further development of contractual support for cooperation in the economic sphere. Special attention is paid to the substantive component of the founding agreement, simple partnership agreement, joint activity agreement, general agreement, partnership agreement, collaboration agreement. Conclusions and prospects for development. Cooperation in the field of business covers any forms of coordination and interaction between subjects of cooperation both for the purpose of realizing their mutual interests, achieving common goals and / or interests and goals of each separately defined subject of cooperation. This can be both partnership relations and the creation of economic organizations or their associations within the framework of joint activities, or cooperation to optimize management / supervisory functions in the field of business or situational negotiation cooperation, etc. The practical significance of the distinction between forms of cooperation in the field of business is primarily associated with the choice of specific contractual structures that have different functional purpose and content. In order to unify contractual practice and adapt current legislation to modern economic realities, it is considered relevant to legislatively enshrine private partnership agreements, collaboration agreements, and general agreements as independent types of agreements that mediate various forms of cooperation in the field of business.
Control and monitoring of labor and entrepreneurial rights of war veterans as a research process
Problem setting. The actualization of the problem of control and monitoring of the labor and entrepreneurial rights of war veterans is driven by the need to improve the conditions for their realization. The purpose of this article. The purpose of the article is to highlight the achievements of the research process regarding the creative idea of revealing the problem of ensuring control and monitoring in the system of functioning of the adaptation mechanism for the implementation of labor and entrepreneurial rights of war veterans, as well as – to present the results of the study of a promising direction for improving the provisions of Ukrainian legislation on war veterans. Article’s main body. Specific elements of the functional system of the mechanism for veterans’ adaptation to civilian life during the recovery period are considered. The feasibility of integrating monitoring and control into the labor-legal adaptation mechanism in order to correct its elements is substantiated. Corrections are proposed to achieve a balance in the use of tools and opportunities for state and non-state control, audit, self-control, and other forms of social monitoring. Adjustments are proposed to achieve a balance in the application of instruments and opportunities for state and non-state control, auditing, self-control, and other forms of social monitoring. Emphasis is placed on the shortcomings of the legislative framework for the implementation of the right to entrepreneurial activity of war veterans. A comprehensive analysis of the legal status of war veterans in the field of labor and entrepreneurship showed the insufficiency of modern knowledge in the research process of relevant problems, as well as the presence of gaps. Conclusions. It is proposed to create a system for monitoring the effectiveness of ensuring veterans’ rights; to conduct regular assessments of the impact on the development of veteran entrepreneurship; and to amend the requirements for monitoring compliance with the relevant requirements.
On some problems of implementing probation in Ukraine
Problem setting. Achieving the goals of punishment declared in the national criminal legislation provides for the necessary prerequisite of the introduction of modern probation in Ukraine as a component of criminal justice. But such a novel faces a complex of regulatory and organizational difficulties that reduce the effectiveness of not only the punitive effect, but also supervision and social and educational work with respect to persons to whom punishments not related to deprivation of liberty have been applied. In practice, the problem manifests itself in gaps in national legislation regarding the regulation of remote forms of control, uneven staffing of units, the complication of interaction with subjects of probation under martial law and the lack of a holistic state policy on the prevention of repeated criminal offenses, in particular with respect to persons who have found themselves in temporarily occupied territories or internally displaced persons. Analysis of recent researches and publications. The issue of introducing the institution of probation in Ukraine, as well as the interaction of bodies and institutions of the State Penal Service of Ukraine (hereinafter referred to as the State Penal Service of Ukraine) in particular, as well as directly of probation bodies with state and public institutions in the field of execution of criminal sentences, was addressed by a number of scholars in the field of penal law and probation, in particular: K.A. Avtukhov, E.Yu. Barash, O.I. Bogatyreva, I.G. Bogatyrev, A.O. Galai, O.O. Gomanyuk, T.A. Denisova, V.M. Dryomin, O.G. Kolb, Y.O. Levchenko, V.O. Navrotsky, M.S. Puzyryov, M.V. Romanov, A.Kh. Stepanyuk, M.I. Khavronyuk, D.V. Yagunov, I.S. Yakovets. Abstract. The paper examines the problems of implementing probation in Ukraine through the prism of regulatory and legal regulation and the practice of the authorized bodies on probation issues under martial law. The difficulties of ensuring control and socio-educational work regarding probation subjects, including in situations of population displacement and limited access to certain territories, are analyzed. It is determined that probation is a relatively new direction in the general system of criminal justice in Ukraine. It is established that even in a short time of existence, probation has proven highly effective in solving the tasks set, what was introduced in other countries for centuries, in Ukraine took place in a matter of years, while the reform in the direction of probation requires additional steps and fruitful coordinated work of both theorists and practitioners. Special attention is paid to the issues of using remote forms of influence, the prospects for using mobile interaction tools, staffing and the need for a coordinated state policy in the field of preventing repeated criminal offenses by persons on probation. Generalization proposals are formulated regarding areas for increasing the effectiveness of probation by eliminating gaps in legal regulation and strengthening the institutional capacity of the probation service. Target of research. The purpose of the study is to identify and systematize the main problems of implementing probation in Ukraine, as well as to outline key areas for improving regulatory and legal regulation and organizational mechanisms for the activities of authorized bodies on probation issues under martial law. Article’s main body. It is seen that one of the basic problems of the national approach to determining probation is the inconsistency of state policy in the field of probation and the fragmentation of administrative decisions. The second problem is the regulatory and legal gaps that become apparent in areas where detailed procedures are required. A typical example is the mechanism for supervising those sentenced to non-custodial sentences and the requirements for reporting a change of residence. The third problem is control and supervision over persons who are in temporarily occupied territories or in areas of active hostilities. Here, the practical question arises: how to ensure the performance of duties and communication when the probation agency does not have physical access to the territory, and the state often does not have effective law enforcement tools. The fourth problem is the organizational and personnel capacity of probation. Even the best-written powers do not work if the staff is insufficient or overloaded. Martial law has intensified migration processes, and in some regions the number of persons registered has increased, which directly affects the ability to conduct probation work in a quality manner. The fifth problem is the limited tools for interaction and coordination with other entities, without which probation cannot be effective. Probationary measures by their nature involve cooperation with police authorities, local government authorities, employment services, social and medical services, as well as with public organizations. At the same time, scientific assessments draw attention to the fact that the logic of unilateral actions of a probation officer often prevails in regulation and practice, while mechanisms for involving the public and coordinated interaction with the police do not receive sufficient attention. The sixth problem is legal certainty and the application of norms during martial law. Martial law, as a special legal regime, changes the conditions for the exercise of rights and freedoms and approaches to the organization of state power. The seventh problem is the digitalization of probation and the use of remote forms of control and influence. Modern practice shows that some probation processes are inevitably moving to a remote format, and document flow to an electronic form. Conclusions and prospects for the development. The probation institute, as a lever of alternative punishment in the criminal justice system, requires additional attention among scientists, and will be able, thanks to its potential, to proportionally distribute responsibility with rehabilitation, as well as achieve the goals of correction of convicts. The problems of implementing probation in Ukraine have not “one reason”, but a whole group of interrelated factors: inconsistency of state policy, insufficient detailing of procedures, complexity of supervision during martial law, lack of stable mechanisms for working with persons in temporarily occupied territories, personnel imbalances and staff overload, as well as incomplete rules for remote interaction and digital tools. At the practical level, these problems manifest themselves as a shift in emphasis from individual social and educational work to administrative control, a decrease in the predictability of procedures for under-registered persons, and uneven quality of probation work depending on the region and resources of a particular unit. Further strengthening of probation requires legal certainty in supervision and communication procedures, real human resources reinforcement and professional training of personnel, as well as systematic coordination with the police, social services and local governments. With such an approach, probation can consistently fulfill its function: to provide control without separating a person from society, and to create conditions under which repeated criminal offenses become less likely.
Legal status of artificial intelligence carriers: ontological and prognotic aspects
Problem setting. Artificial intelligence is developing rapidly, not only transforming various fields of knowledge and social life, but even revolutionizing them. The emergence of generative artificial intelligence, such as GPT (Generative Pre-trained Transformer) and GANs (Generative Adversarial Networks), makes it possible to create new content autonomously even in areas that have traditionally been considered, so to speak, “exclusively human,” and that are directly related to the most important and sensitive issues, namely human life, health, and safety. Examples include the pharmaceutical industry, personalized medicine, and research aimed at addressing climate change and sustainable development, among others. In connection with the rapid development of artificial intelligence technologies, humanity is facing new problems as well as ethical and social challenges, such as privacy, algorithmic bias, and the need for global governance. In the context of these global transformations, both at the national and international levels, intense debates are taking place within academic circles, and various approaches to the legal regulation of artificial intelligence are being developed. These approaches are usually based on ethical principles and safety standards. In light of these trends, there is an emerging and increasingly urgent call to understand the legal status of artificial intelligence entities and to ensure their implementation within the legal system. Given the rapid development of artificial intelligence technologies at the current stage of societal development, it can be assumed that in the near future new paradigms and separate legal regimes may be required to develop legal procedures related to artificial intelligence entities. Therefore, under conditions of the rapid advancement of artificial intelligence technologies, a number of issues are arising and becoming increasingly relevant, particularly those related to determining the legal status of artificial intelligence entities and liability associated with their use. Analysis of recent researches and publications. As artificial intelligence technologies increasingly affect various aspects of our lives, it is critically important to understand and assess the challenges and opportunities they present. Contemporary philosophers, engineers, legal scholars, and policymakers who seek to gain a deeper understanding of the impact of artificial intelligence on society and how it should be regulated devote their works to examining the legal, ethical, and political consequences arising from the development, deployment, and everyday use of artificial intelligence and algorithmic systems. A number of works by Ukrainian legal scholars are devoted to the issue of the legal status of artificial intelligence entities and their liability. According to several leading Ukrainian scholars, artificial intelligence entities should be regarded as objects of legal relations. In the countries of the European Union, drawing on the scientific research of leading scholars, a key document of contemporary European law was the adoption of EU Regulation 2024/1689 of 13 June 2024, which establishes harmonized rules on artificial intelligence; however, the issue of determining the legal status of artificial intelligence remains unresolved therein. The purpose of this research is to determine the legal status of artificial intelligence entities at the current stage of development and to explore ways of identifying new paradigms for defining their legal status, taking into account their transformative potential to ensure a positive and sustainable impact on individuals and society, as well as, on the basis of these trends, possible directions for the development of legal procedures in the near future. Article’s main body. Globally, there are three main approaches to the issue of the legal status of artificial intelligence. The majority of scholars adhere to the view that artificial intelligence entities do not deserve legal personality and have concluded that they should not be regarded as subjects of law. These are technologies created by humans and used as auxiliary tools in decision-making processes; that is, they complement rather than replace human capabilities. The primary function of artificial intelligence entities is to assist humans in intellectual, physical, social, and other activities. Since artificial intelligence entities lack biological, cognitive, emotional-moral, and legal essential characteristics that constitute the concept of “human”, the scopes of the concepts “human” and “artificial intelligence entities” are incompatible, which substantiates the inexpediency of granting the latter legal personality. Other researchers maintain that, due to current technological limitations, it is premature to attribute moral and legal personality to artificial intelligence entities; however, once they reach a certain level of development at which they become comparable to humans, they may be considered subjects of law. A third group of scholars sees merit in the possibility of granting complex artificial intelligence entities legal personality along with corresponding legal protection similar to that afforded to humans. In Ukraine, the majority of researchers tend to believe that, since artificial intelligence entities cannot be subjects of law endowed with a partial set of human rights and freedoms without their completeness, unity, interconnection, and interdependence, they should, in the future, be legislatively defined as objects of law. Responsibility for their functioning should rest with the manufacturer, owner, or user – who is a subject of law. Furthermore, the introduction of the concept of an “electronic person” for artificial intelligence entities requires further extensive interdisciplinary research. Conclusions and prospects for development. At the level of domestic legislation, there are currently no legal norms that define the legal status of artificial intelligence entities. At present, there are no grounds for recognizing them as subjects of legal relations. Further research into the current state of technological advances in the field of artificial intelligence, their role in enhancing cooperation between humans and artificial systems, the use of artificial intelligence entities in society, and the ethical challenges associated therewith, as well as forecasts regarding the future of artificial intelligence entities, the emergence of artificial general intelligence, the impact of quantum computing on artificial intelligence, and innovations in hardware specifically designed for artificial intelligence entities, determines the directions of future scholarly inquiry and encourages interdisciplinary cooperation aimed at developing transparent, reliable, and robust artificial intelligence models. The results of such research may be applied to the formation of legal relations, issues of liability, and regulatory mechanisms related to artificial intelligence entities.
generative artificial intelligence and law
The issue of determining the form of a contract for the hire of a vehicle with a crew to which an individual entrepreneur is a party
Problem setting. The legal status of an individual entrepreneur in its civil law dimension is quite controversial. On the one hand, an individual entrepreneur is a person; therefore, the peculiarities of their legal status are often defined only as a ‘superstructure’ over the legal status of an individual. On the other hand, the legislator has extended the regulation of those normative legal acts that govern the entrepreneurial activity of legal entities, whose peculiarities of legal status are determined by their differences from individuals, to the activities of individual entrepreneurs. One of the problems caused by an individual entrepreneur’s dual legal status is determining the form of the contract. This problem arises in cases where the contract requires notarisation, and the need for such certification is made dependent by law on its subject matter. This problem also arises in a contract for the hire (lease) of a vehicle with a crew, for which the law requires notarisation when the party to the contract is a natural person. Analyses of recent research and publications. The problem of determining the form of a contract for the hire (lease) of a vehicle with a crew, to which an individual entrepreneur is a party, has not yet been the subject of separate scientific research. Within the scope of their own research, scholars such as L.L. Tarasenko, I.A. Selivanova, V.M. Kossak, and N.S. Kuznetsova, Z.V. Romovska, and D.V. Bobrova have drawn attention to the problem caused by the dual legal status of individual entrepreneurs. At the same time, in the context of a contract for the hire (lease) of a vehicle with a crew, this issue has not yet been comprehensively studied. Although the issue raised has been the subject of some research and has been repeatedly reviewed by the courts, it not only retains its theoretical and practical significance, but also becomes even more acute after the Economic Code of Ukraine ceased to be in force. The purpose of the study. The key question is whether a contract for the hire (lease) of a vehicle with a crew requires notarisation if one of the parties is a sole trader. To resolve this issue, it is necessary to analyze the existing arguments for and against the need for such certification, rejecting irrelevant arguments and reviewing valid statements in the context of a new legal paradigm, where the Commercial Code of Ukraine no longer regulates the relations between parties. Finally, it is necessary to assess the need for notarization of a vehicle lease (rental) agreement from the perspective of expediency. A comprehensive analysis of the provisions of civil law concerning the status of participants in civil relations and the form of the agreement may provide a solution to these problems. Article’s main body. The article examines the problem of determining the form of a contract for the hire (lease) of a vehicle with a crew, to which an individual entrepreneur is a party. The author argues that the problem of determining the form of a contract for the hire (lease) of a vehicle with a crew, to which an individual entrepreneur is a party, cannot be effectively resolved other than by amending civil legislation. The question of the form of the contract, which is a purely formal issue, must be unambiguously determined by the legislator, and attempts by the courts to establish new rules for its resolution only emphasise this necessity. That is why the question of the expediency of notarising the contract in question comes to the fore. The author argues that the requirement for mandatory notarisation of a contract for the hire (lease) of a vehicle with a crew is irrational, since the expediency of its existence cannot be explained by any of the reasons usually associated with the need to comply with this particular form of contract. Conclusions and prospects for the development. In light of the foregoing analysis, it can be concluded that the requirement for the mandatory notarisation of a contract for the hire (lease) of a vehicle with a crew, where a natural person is a party, as set out in the Civil Code of Ukraine, lacks sufficient justification. This requirement cannot be substantiated by any of the traditional grounds that typically necessitate the use of notarisation as a special contractual form. To eliminate existing difficulties in law enforcement and ensure greater legal certainty, it is therefore proposed that the second part of Article 799 of the Civil Code of Ukraine be repealed. A written contract for the hire (lease) of a vehicle with a crew should be recognised as an adequate means of formalising the contractual relationship between the parties, irrespective of their legal status or category within civil relations. Furthermore, resolving the issue of the contractual form of a contract for the hire (lease) of a vehicle with a crew, involving an individual entrepreneur by abolishing mandatory notarisation creates new opportunities for re-evaluating established scholarly approaches to the study of contractual form in civil law.
contract for the hire (lease) of a vehicle with a crew
EU taxonomy as an instrument of sustainable finance: prospects for implementation in Ukraine
Problem setting. The global transition toward environmentally sustainable economic activities is driven by the need to protect the environment and reduce dependence on fossil fuels. The EU Taxonomy has become a central regulatory tool for directing capital into green and climate-neutral projects and now serves as a reference point for countries seeking closer integration with European financial markets. Ukraine faces the task of adapting this framework to its legal system, which is essential both for meeting EU integration commitments and for attracting investment into post-war reconstruction, particularly in renewable energy. Analysis of recent research and publications. The development of a national taxonomy of sustainable activities and the principles of sustainable finance has been addressed by Ukrainian scholars such as A.A. Honta, M.Yu. Hryhorak, O. I. Volovyk, I. O. Makarenko, R.M. Fominov, N.V. Trushkina, H. P. Bortnikov, T. V. Oriekhova ta O. M. Riabchyn. Purpose of research. To examine the development process, legal mechanisms, and institutional architecture of the EU Taxonomy, to assess the state of its implementation in Ukraine, and to formulate recommendations for introducing a national taxonomy of sustainable economic activities. Article’s main body. The article examines the evolution, legal mechanisms, and institutional architecture of the EU Taxonomy as a classifier of sustainable economic activities, including Regulation (EU) 2020/852 and the relevant delegated acts. It demonstrates the Taxonomy’s integration into financial and corporate disclosure regimes under the Sustainable Finance Disclosure Regulation (SFDR) and the Corporate Sustainability Reporting Directive (CSRD). The role of the European Commission, the Platform on Sustainable Finance, the Member States Expert Group, and the European Supervisory Authorities in shaping and updating technical screening criteria is characterized. Emphasis is placed on the market effect of transparency: although the Taxonomy does not impose prohibitions, its standardised disclosure requirements reduce information asymmetry, highlight transformational and regulatory risks associated with brown assets, and stimulate the reallocation of capital towards green projects, particularly renewable energy. The article analyses the current state of introducing a national taxonomy in Ukraine, revealing the absence of a legally established system despite fragmented initiatives by the NSSMC, NBU, the Ministry of Economy, and other coordination platforms. It concludes that dynamic alignment with EU law and the introduction of sustainability disclosure obligations are essential prerequisites for accessing international capital. It is recommended to adopt a national taxonomy based on the requirements of Regulation (EU) 2020/852 and the accompanying ESG-related acts; to establish an interagency body under the NSSMC responsible for developing and updating technical criteria; to define mechanisms of coordination among key public authorities; and to introduce a system for training specialists in sustainable finance. Conclusions and prospects for development. For the effective implementation of the taxonomy in Ukraine, it is recommended to: (1) adopt a national taxonomy based on the provisions of Regulation (EU) 2020/852 on taxonomy and the accompanying regulatory acts (including ESG disclosure requirements for large enterprises and financial institutions); (2) establish a specialised interagency body under the National Securities and Stock Market Commission (NSSMC) responsible for developing and updating technical screening criteria in alignment with the EU Taxonomy; (3) define the distribution of competences and mechanisms of coordination among the NSSMC, the Government Office for European and Euro-Atlantic Integration of Ukraine, the Green Transition Office under the Ministry of Economy, the Ukrainian Climate Office (including the Sustainable Finance Platform), and the National Bank of Ukraine regarding the national taxonomy; (4) create a system for training specialists in sustainable finance through the “Diia.Osvita” platform to ensure the capacity of banks and companies to comply with the new requirements.
Some problems of legal regulation of the activities of authorized bodies in the sphere of ensuring competition in the electricity market of Ukraine
Problem setting. Ukraine has long paid considerable attention to the creation of legal prerequisites for the establishment and operation of relevant institutions authorized to protect and ensure competition in the electricity market of Ukraine. This is highlighted in several regulatory legal acts. However, as of now, the formation of a fully competitive electricity market in our country has not been completed, which is associated, among other things, with some problems in the activities of relevant authorized bodies in this area. Thus, there is a need to study the issue of legal regulation of the activities of bodies authorized to ensure the protection of competition in the electricity market, identify the main problematic issues and make proposals for improving legislation in this area. Analysis of recent research and publications. Some individual aspects of the issue of ensuring competition in the electricity market of Ukraine have been given attention in the works of Ukrainian scientists. S. Hlibko, A. Chupryna, I. Podrez-Ryapolova studied the problems of sustainable innovative development of the energy system and the role of investment funds in stimulating investments in energy-efficient, renewable, and innovative technologies, which corresponds to Ukraine’s European integration aspirations. D.K. Tkach considered the directions of reforming the electricity market, which began in July 2019, etc. Of course, foreign scientists also paid attention to the issues of the electricity market in the work of Bowen W., Hill E., Thomas A., Liu R., Henning M. the issue of the impact of deregulated electricity markets on consumer prices using the example of individual states of the United States of America was studied. However, despite the large number of publications on this issue, there remain a number of issues that require further development, in particular, legal regulation of the definition of the powers of relevant bodies in ensuring the development and protection of competition in the electricity market in Ukraine. Purpose of the research is to research into the main problems of regulatory and legal regulation of the activities of authorized bodies the Antimonopoly Committee of Ukraine and the National Commission for State Regulation in the Energy and Utilities Sectors, in the field of ensuring competition in the electricity market of Ukraine. The article was carried out within the framework of the fundamental research topic “Theoretical and legal foundations of innovative development of the energy system of Ukraine”, state registration number 0124U005149. Article’s main body. In Ukraine, a number of regulatory provisions stipulate that the main body in the field of competition protection is the Antimonopoly Committee of Ukraine, which is endowed with relevant powers, including in the field of electricity. Another body that, in accordance with the legislation, has some powers to ensure competition in the electricity market of Ukraine is the National Commission for State Regulation in the Energy and Utilities Sectors. The article is devoted to the study of the issue of legal regulation of the powers of the above-mentioned authorized bodies and their delimitation. The main aspects and some examples of the implementation of the powers of the Antimonopoly Committee of Ukraine and the National Commission for State Regulation in the Energy and Utilities Sectors in the field of competition protection in the electricity market are presented. The main problematic points in terms of legal regulation of the functions, rights and obligations of the Antimonopoly Committee of Ukraine and the National Commission for State Regulation in the Energy and Utilities Sectors are identified. Examples of the negative impact on law enforcement practice of some problems of legal regulation of the powers of state bodies in the field of competition protection in the electricity market are given. Conclusions and prospects for the development. One of the most important elements of ensuring competition in the electricity market are the relevant state institutions. The authorized bodies in ensuring the development and protection of competition in the electricity market in Ukraine are the Antimonopoly Committee of Ukraine and the National Commission for State Regulation in the Energy and Utilities Sectors. At the same time, for a long time, in the issue of the activities of the above-mentioned bodies, there have been problems related to avoiding duplication of powers by both bodies, or vice versa preventing the risk of being removed from resolving specific problematic issues in the field of protection of competition in the electricity market, transferring responsibility to another body. This situation does not contribute to the proper protection of competition in the studied industry, and therefore requires detailed regulatory regulation.
ional Commission for the Regulation of Energy and Utilities of Ukraine
Updating the legal support for humanitarian demining in Ukraine with innovative approaches to land release
Problem setting. The article is devoted to researching the updating of legal support for the application of existing methods and technologies, as well as the improvement of artificial intelligence and other innovative technologies for humanitarian demining in Ukraine. This is critically important for restoring access to and safe use of agricultural land, which is the first priority of humanitarian demining. Analyses of recent researches and publications. The issue of legal support for mine action has been explored in the works of O.M. Botnarenko (on the subjects of mine action), B. Derevianko (on the legal and organisational aspects of demining and land reclamation), S. Poteriaika and A. Okipnyak (mechanisms of state management in the field of mine action). A comprehensive study was presented by Academician V.P. Gorbulin at the beginning of the full-scale war. A thorough description of the subjects of administrative and legal support for mine action in Ukraine based on their current powers was provided by V.I. Teremets and M.Yu. Marchenko. The purpose of this article is to examine the peculiarities and formulate proposals for updating the legal framework for humanitarian demining in Ukraine with innovative approaches to land release based on Ukrainian demining experience. Article’s main body. The article is devoted to the study of updating the legal support for humanitarian demining in Ukraine with innovative approaches to land release. It has been established that modern legislation began to lay the fundamental foundations for mine action in 2018 with the adoption of the basic Law of Ukraine ‘On Mine Action in Ukraine’, which establishes general norms, while details and instructions for use are established by international and national standards. Particular attention is paid to the analysis of innovative approaches and technologies for land release. Conclusions and prospects for the development. Thus, during a full-scale invasion, Ukrainian legislation is logically undergoing intensive updates, introducing the best proven humanitarian demining technologies and their combination at certain stages of humanitarian demining as innovative land release approaches, especially at the level of specialized standards. It is proposed that innovative methods that have been tested and proven effective in Ukraine be transferred to IMAS for updating international standards, especially taking into account the use of artificial intelligence, which significantly speeds up prioritization and other important decisions in humanitarian demining.
Legal ensurance of compliance with environmental requirements in land use
Problem setting. The state of Ukraine’s land resources is determined by large-scale degradation, pollution and destruction of soils, largely caused by the Russian military aggression. The military consequences are complemented by traditional problems soil erosion, irrational agricultural use, violations of the regimes of nature reserves and weak state control. The deterioration of the state of lands creates threats to food, environmental and economic security. Therefore, it is necessary to further improve the legal regulation of sustainable land use and the restoration of damaged lands. Analysis of recent research and publications. The problems of anthropogenic impact on land, its degradation, and measures for soil restoration are covered in detail in the works of many scientists, including N. Gavrysh, A. Getman, O. Donets, V. Yermolenko, I. Karakash, P. Kulynich, V. Nosik, and others. Scientific works outline ways to increase soil fertility, protect different categories of land, and improve legal regulation. Purpose of research. The purpose of the article is to analyze existing legal mechanisms for ensuring compliance with environmental requirements in the field of land use, identify and study problems of its legal support, assess the effectiveness of current legislation and its practical application in ensuring environmental protection during land use. Article’s main body. The article substantiates that the legal support of environmental requirements for land use is formed by a complex of regulatory legal acts of various legal force, among which the Land Code of Ukraine, the Law of Ukraine “On Land Protection”, the Law of Ukraine “On Environmental Protection”, as well as strategic documents of environmental and agrarian policy are of key importance. Analysis of the provisions of the Strategy of State Environmental Policy until 2030, the Concept of the National Program for Land Use and Protection and the Strategy for the Development of Agriculture and Rural Territories until 2030 indicates a significant deterioration in the condition of soils, an increase in the area of degraded lands and an increased need for improving legal regulation. The article considers the issues of environmental control as a key tool for ensuring compliance with land protection requirements. In addition, existing liability mechanisms do not always provide compensation for environmental damage and do not create sufficient incentives for compliance with established standards. Conclusions and prospects for development. Legal support for compliance with environmental requirements in land use is an important component of the state’s environmental policy aimed at preserving natural resources and guaranteeing the right of citizens to a safe environment. It includes the establishment of environmental restrictions, requirements for types of activities, as well as a system of state control and monitoring of the condition of lands. The implementation of an ecosystem approach and effective mechanisms of legal liability, including the termination of the right of use in the event of environmentally harmful or inappropriate use, is significant. The effectiveness of greening land use requires coordinated legislation, proper control and harmonization of national practice with international, in particular European, standards. Economic incentives for rational land use require additional development. In general, legal support in this area forms a balanced system that combines economic development, social needs and environmental protection.
economic incentives for rational land use
Evolution of the legal mechanism for providing partial unemployment benefits in Ukraine during 2012-2025
Problem setting. The dynamic change in Ukraine’s legal mechanism for providing partial unemployment benefits between 2012 and 2025 was the result of the state’s response to internal and external factors affecting employment levels. However, this evolution was accompanied by the adoption of several regulations, not all of which were equally effective. The application of some of these regulations restricted individuals’ constitutional right to social protection in the event of job loss. Therefore, studying the evolution of the legal mechanism for providing partial unemployment benefits will reveal existing shortcomings in the current regulations and outline areas for improvement in the context of martial law and postwar recovery. Analyses of recent research. In legal science, the issue of partial unemployment benefits is primarily examined in the context of employment relations and social protection against unemployment by scholars such as V. Venediktov, P. Pylypenko, N. Khutoryan, R. Shabanov, O. Yaroshenko, and others. However, comprehensive scientific studies devoted to the mechanism of providing partial unemployment benefits are rare, making further scientific analysis relevant. The article aims to provide a thorough analysis of innovations introduced between 2012 and 2025 into the legal mechanism for providing partial unemployment benefits and law enforcement practices to compare them with the positions of the Constitutional Court of Ukraine and propose directions for its possible further reform in the context of martial law and post-war reconstruction. Article’s main body. This article provides an analysis of the evolution of Ukraine’s legal mechanism for partial unemployment benefits from 2012 to 2025. It examines changes in legislation, judicial practices, constitutional guarantees of the right to social protection, and the legal positions of the Constitutional Court of Ukraine. Particular attention is given to the transformation of the legal regulation of these relations in the context of systemic socioeconomic crises, particularly the introduction of martial law and the onset of the COVID-19 pandemic. The article argues that these benefits evolved from a formalized instrument mainly used to support employment among large employers into a universal social insurance mechanism for responding to emergencies and military challenges. Expanding the grounds for aiding and the circle of its recipients, as well as delegating powers to the government to detail the payment procedure, has proven to increase the adaptability of the social protection system. However, this has also highlighted the problems of legal certainty and consistency of legislative and subordinate regulation. Particular attention is given to analysing the judicial practices of courts during the period under review. The evolution of the courts’ approaches is noted to reflect a shift in the balance between the social function of the state and the need to ensure financial discipline in the field of compulsory state social insurance. Conclusions. The development of the legal mechanism for providing partial unemployment benefits aligns with the constitutional principles of a social state and the Constitutional Court of Ukraine’s legal positions on the essence of social guarantees and the protection of human dignity. Based on this research, proposals were made to improve the current mechanism, increasing its effectiveness, legal certainty, and compliance with constitutional social protection standards.
Abuse of procedural rights by an attorney as grounds for imposing a fine on a law firm in civil proceedings
Problem Statement An analysis of recent scholarship on the category of abuse of procedural rights demonstrates both the widespread nature and the conceptual elusiveness of this phenomenon. D. Luspenyk observes that abuse of procedural rights (delaying the proceedings, undertaking “procedural sabotage”) is a highly subjective and evaluative concept. When determining whether a party has abused procedural rights, the court proceeds from its internal conviction— that is, from a discretionary assessment based on the evidence. A counterbalance to the abuse of procedural rights is the principle of the good-faith exercise of such rights, which is recognized as a normative standard of judicial procedure . It is appropriate to agree with Ya. Panaid that existing doctrinal approaches to defining abuse of procedural rights may be grouped into two categories: a) approaches treating abuse of procedural rights as a legal offense; and b) approaches whose proponents interpret abuse of procedural rights as a mode of exercising a procedural right, which becomes abusive upon the failure to satisfy certain socio-legal conditions.When defining abuse of procedural rights, its contextual linkage with the duty of good-faith exercise of procedural rights by participants and their representatives must be taken into account. In our view, this reflects the division found in scholarly literature and judicial case-law: abuse of procedural rights may denote either the inconsistency between the result of exercising a procedural right and the objectives of civil litigation, or the unlawfulness of the participant’s conduct. Analysis of Recent Research and Publications. The issue of abuse of procedural rights has been addressed in numerous publications, including those authored by N. Banchynska, D. Luspenyk, Ya. Bernazyuk, V. Komarov, T. Tsuina, N. Sakara, Ya. Panaid, and A. Tkachuk. Much fewer studies have focused on abuse of procedural rights by attorneys specifically, including works by V. Zaborovskyi, N. Herasymchuk, and N. Dobrovolska. Purpose of the Article. The purpose of this article is to examine both the theoretical and practical aspects of abuse of procedural rights by an attorney in civil proceedings as grounds for the imposition of a fine. Article’s main body. The article provides a comprehensive examination of one of the mechanisms for counteracting and preventing the abuse of civil procedural rights in civil proceedings in Ukraine. It analyses the legal nature of a fine as a type of procedural coercive measure in civil litigation and identifies the specific features of its application to legal representatives as participants in judicial proceedings. It is emphasized that a fine does not constitute a form of disciplinary liability for an attorney but serves an independent functional purpose in civil procedure—namely, to compel compliance with court-established rules, to ensure good-faith performance of procedural duties, to terminate abuse of procedural rights, and to prevent the creation of unlawful obstacles to the administration of justice. The author draws attention to the dual character of the relations in which a representative operates: substantive-law relations with the client arising from a legal services agreement, and procedural-law relations with the court. The article notes that, when defining the concept of abuse of procedural rights, it is necessary to take into account its contextual relationship with the good-faith exercise of procedural rights, which constitutes a duty of the parties and their representatives in judicial proceedings. This reflects the existing division in legal scholarship and judicial practice regarding approaches to defining abuse of procedural rights: it may signify either a discrepancy between the outcome of the exercise of a procedural right and the objectives of civil proceedings, or the unlawfulness of the participant’s conduct itself. A separate section is devoted to the analysis of the Supreme Court ruling of 14 July 2022 in case No. 755/11559/16c, in which the attorney’s filing of a second cassation complaint was held to constitute an abuse of procedural rights, and a fine was imposed on the law firm.
Manifestation of the principle of equal rights and opportunities during employment
Problem setting. Equality of rights and opportunities is a fundamental principle of labor law, which guarantees nondiscriminatory access to labor and is the basis of a stable labor market. In Ukraine, its importance is growing in the context of harmonization of legislation with EU norms and the challenges of wartime. Despite the legislative consolidation, the effectiveness of the principle is limited by existing hidden forms of discrimination, insufficient control and difficulties of judicial protection. In view of these challenges, especially in conditions of martial law, scientific analysis and development of effective mechanisms for ensuring equality in the labor sphere are necessary both from a theoretical and practical point of view. Analyses of recent researches and publications. The issue of equality of rights and opportunities in the labor sphere has been widely reflected in the scientific works of domestic scientists, in particular V. Andriyiv, M. Baru, N. Vapnyarchuk, N. Getmantseva, L. Gruzinova, I. Dmitrieva, V. Zhernakov, T. Zanfirova, Z. Kozak, V. Korotkina, G. Mytrytska, P. Pylypenko, V. Prokopenka, O. Protsevsky, O. Yaroshenko, etc. A significant number of studies are devoted to the analysis of legal mechanisms for preventing discrimination, guarantees for the implementation of labor rights, and practical aspects of applying the principle of equality in labor relations. Article’s main body – research into the content of the principle of equal rights and opportunities during employment, as well as one of the key manifestations of its violation unjustified refusal of employment. Conclusions and prospects for the development. Compliance with the principle of equal rights and opportunities must be implemented at all stages of labour relations: when hiring, transferring to another job, paying for labour and dismissing. Since ensuring equal rights and opportunities in the labour sphere is a mandatory requirement of a democratic state based on the rule of law. But first of all, compliance with this principle should begin at the stage of job search, during employment. The principle of equal rights and opportunities during employment consists in ensuring equal opportunities for all citizens in choosing a profession, exercising the right to work and entering into labour relations, regardless of their gender, race, age, nationality or other personal circumstances. This includes: legal equality, i.e. all citizens have the same rights before the law in the labour sphere; prohibition of discrimination, in particular, unjustified refusal to hire or any direct or indirect advantages when concluding an employment contract are not allowed; freedom of choice of work, i.e. everyone has the right to freely choose the type of work activity and realize their abilities without discrimination; state guarantees, in particular, the state creates conditions for the implementation of this right, in particular through vocational training and retraining programs. One of the key manifestations of the violation of the principle of equal rights and opportunities in the labour sphere is an unjustified refusal to employ. In particular, an unmotivated refusal to hire an employee for work in the presence of vacant jobs, as well as for reasons that do not relate to the professional and business qualities of the employee (the set of knowledge, skills and abilities possessed by an individual that are necessary to perform the relevant labour function), is considered unjustified.
Digitalization of labor procedures as a mechanism for reducing corruption risks
Problem setting. The digital transformation of social processes, which has become one of the defining characteristics of the 21st century, fundamentally changes not only the technological but also the social and legal foundations of state and labor market functioning. Its influence is noticeable in almost all areas of life, but it is particularly significant in the field of employment relations, where digitalization does not merely contribute to the modernization of traditional procedures but forms a new paradigm of labor management based on automation, transparency, and standardization of processes. Analysis of recent researches and publications. The issue of the digitalization of labor procedures and its impact on minimizing corruption risks is being actively developed in the works of contemporary domestic and foreign researchers. The understanding has been established in the academic doctrine that the digitalization of HR processes is not merely a technical improvement but a tool for increasing the transparency, unification, and reproducibility of labor decisions. A significant contribution to the development of the theoretical foundations for the use of digital technologies and automated systems for optimizing human resource management processes (hereinafter – digital HRM) has been made by T. Bondarouk and C. Brewster, who substantiated the conceptual shift from traditional human resource management to data-driven systems that minimize the human factor and ensure the algorithmic nature of procedures. The works of S. Strohmeier examine the process of transforming the philosophy of labor management, where openness, analytics, and the standardization of HR decisions play a key role. The research of P. Cappelli, P. Tambe, and V. Yakubovich focuses on the impact of HR data analytics and automated decisions on the formation of personnel policy, emphasizing new opportunities for predicting employee behavior and establishing transparent evaluation criteria. An important component of contemporary works is international comparative research. Transparency International and the Organisation for Economic Co-operation and Development (OECD), in their reports from 2018–2023, have repeatedly emphasized that the digitalization of HR processes is a key tool for reducing corruption risks in the public sector, as it ensures the recording of all actions, minimizes informal practices, and creates opportunities for independent audit of decisions made. In domestic (Ukrainian) scholarship, the issues of labor market digitalization are covered in the works of N. Butynska and O. Yanovytska, who prove that digital transformation changes not only the technological but also the legal foundations of employment relations, forming a new content for labor procedures. Separate aspects of digital software platforms that automate and optimize human resource management (HR systems), electronic document management, and personal data protection are analyzed in the works of Ukrainian researchers. However, a comprehensive analysis of the digitalization of labor procedures as a mechanism for reducing corruption risks still requires further development. Thus, despite a significant number of scientific studies, the problem of digitalization of labor procedures in the context of anti-corruption efforts remains insufficiently developed, especially regarding algorithmic audit, the transparency of automated decisions, and the adaptation of international practices within the Ukrainian legal framework. Purpose of research. The aim of the article is to conduct a comprehensive scientific-theoretical and practice-oriented analysis of the digitalization of labor procedures as a mechanism for minimizing corruption risks, to determine its legal, organizational, and technological aspects, to summarize international experience in digital governance in the labor sector, and to formulate proposals for improving the regulatory and legal framework for digital labor processes in Ukraine. Аrticle’s main body. This article provides an in-depth scientific, theoretical, and practice-oriented analysis of the digitalization of labor procedures as a key mechanism for reducing corruption risks in the modern labor relations system. It explores the nature and essence of digital transformation in the field of labor, describes the evolution of theoretical approaches to digital governance, examines the formation of digital labor processes, and assesses their impact on the efficiency and transparency of human resource management. Based on a synthesis of international standards, studies by leading scholars, and the practices of the public sector in Ukraine, the article argues that the digitalization of labor procedures contributes to minimizing corruption by eliminating subjectivity, automating decision-making, standardizing HR processes, and ensuring their openness. The study identifies the main risks associated with digitalization: privacy violations, cybersecurity issues, algorithmic discrimination, and information asymmetry. A conceptual vision for the future legal and regulatory framework supporting digital labor processes in Ukraine is proposed. Conclusions and prospects for the development. The author makes a general conclusion that the digitalization of labor procedures acts not merely as a technical innovation, but as a socio-legal mechanism for enhancing transparency and integrity in personnel management. It allows for the reduction of corruption risks, the increase of HR management efficiency, and the creation of conditions for building a modern system of labor relations that adheres to the principles of openness and accountability.
Legal support for labor relations with professional athletes: features and prospects for development at the international level
Problem setting. The work of professional athletes is a global phenomenon that affects all countries of the civilized world. Their professional sports activities occupy a special place in the socio-economic and cultural life of any developed state, as they are a special sphere that combines the features of labor, entrepreneurship, creativity and public representation of the state. Labor relations with athletes are characterized by specific working conditions and have a fairly extensive system of legal regulation, so difficulties arise in resolving them. This necessitates the need for special legal regulation, which will clearly define the nature of such relations. Analyses of recent researches and publications. Certain aspects of the legal regulation of labor relations with professional athletes have been reflected in the works of such scholars as: P. Bushchenko, N. Vapnyarchuk, N. Getmantsev, V. Zhernakov, M. Inshin, K. Melnyk, S. Prylypko, O. Protsevsky, G. Chanysheva, O. Yaroshenko, etc. At the same time, the features of concluding an employment contract with an employee-athlete within the framework of international cooperation have not been fully studied, especially taking into account today’s realities. Article’s main body. Revealing the features of legal support for labor relations with professional athletes, both at the national and international levels. And conducting an analysis of international legal standards to determine the prospects for the development of national legislation of Ukraine to ensure decent working conditions for employee athletes. Conclusions and prospects for the development. In this article, the author assesses the importance of studying the legal regulation of labor relations in the field of professional sports both at the state level and at the level of international cooperation. Since in the modern world, sport has become not only a popular social phenomenon, but also a powerful economic phenomenon that covers a significant number of workers athletes, coaches, judges and others. The rapid growth of the sports industry, the process of commercialization of competitions and the global mobility of athletes necessitate a scientific understanding of the issue of legal regulation of labor relations in this area. Although sports activities in Ukraine are extremely widespread, from the point of view of labor law, the legal regulation of sports activities requires refinement in accordance with the needs of modern society and its adaptation to high world standards. The work draws attention to the fact that despite the significant contribution of professional athletes to the economy of the state and the development of society, their work remains the least regulated and unprotected form of employment. The author analyzes the directions of development of legal support of sports-labor relations and emphasizes that an important role in regulating the labor activity of athletes is played by individual contractual regulation, which reflects the real needs in labor relations between an employee-athlete and an employer-sports organization (for example, a professional labor contract of players with sports clubs). In the process of studying this issue, the author considered international legislation, European Union law, and European practice of resolving disputes in professional sports. Having studied the directions and prospects of legal support of sports-labor relations in the field of professional sports, his proposals were expressed within the framework of the concept of international norms on labor in professional sports in order to improve national legislation. It is concluded that the study of labor relations with professional athletes at the international level has high scientific, practical and social significance. It is a prerequisite for creating an effective system of legal regulation in the field of sports, which will ensure a balance of interests of athletes, clubs, federations and states, as well as increase the level of legal protection of sports industry workers around the world.
Current state of legal research infrastructure in Ukraine and prospects for its development
Problem setting. Current state of the legal research infrastructure in Ukraine and the creation of innovations in law face several problems, such as: war in Ukraine, destruction of scientific buildings and equipment; lack of a systematic state policy on the development of research infrastructure, a significant reduction in funding for science, scientific infrastructure is not a priority, especially during the war. To save the development of science Ukraine needs a policy aimed at creating a favorable environment for scientists in Ukraine, in which the researcher would have all the tools for conducting research activities and decent financial support. The state should approach with a comprehensive approach of consistent, systematic, real support for the development of science. Analysis of recent researches and publications. Analysis of the scientific literature shows growing interest in the topic of Ukrainian scientists. In particular, S. Hlibko, O. V. Rozgon, A. M. Lyubchych, I. V. Podrez-Ryapolova highlight the importance of legal support for the innovation process in Ukraine, and propose solutions to problematic aspects regarding the formation and legal regulation of priority areas of innovation activity in Ukraine. Target of research. The aim of the article is to study the current state of development of legal research infrastructure and innovations in law in Ukraine. Formulation of prospects for the development of a new research infrastructure in Ukraine. Article’s main body. Legal research infrastructure is a set of tools, resources and related services used by research communities to conduct research and promote innovation in the field of law. A significant decrease in the competitiveness of scientific research negatively affects the development of the national economy, and accordingly, the quality of life of its citizens in Ukraine. Many factors have influenced the unsatisfactory state of modern scientific research infrastructure in Ukraine: the war in Ukraine; the lack of a systematic state policy on the development of research infrastructure; the lack of young personnel, caused, among other things, by the low level of funding and the low social status of a young scientist, the decline in the prestige of scientific and research activities, young people choose more financially attractive professions; migration of scientists abroad; the presence of a corruption element, etc. On the other hand, despite the set of problems that legal science in Ukraine faces, the legal market of Ukraine offers quite worthy innovative products in law, here are some of them: Opendatabot (opendatabot.ua) – a Ukrainian company that provides access to state data from the main public registers for citizens and businesses; Patentbot (https://patentbot.online) – a bot for registering trademarks (currently discontinued); Axdraft – a platform that accelerates the preparation of legal documents and others. Ways to solve the outlined problems are to work on improving the regulatory framework for regulating scientific and research infrastructure, attracting various forms of funding for scientific research, modernizing the material and technical base of the research infrastructure, and measures aimed at strengthening the quality of legal education and its connection with the real situation in the legal market. Conclusions and prospects for the development. Ukraine needs a policy aimed at creating a favorable environment for scientists in Ukraine, in which the researcher would have all the tools for conducting research activities and decent financial support. The state should approach with a comprehensive approach of consistent, systematic, real support for the development of science, direct its political course to the development and support of science, increase the social level and status of a scientist, increase the prestige of scientific work, create tools for integrating scientific research into the public and private sectors.
legal scientific and research infrastructure
Ranking of research infrastructure entities in Ukraine: certain legal aspects
Problem setting. The issues of rating research infrastructure entities are becoming particularly relevant in the context of the need to ensure proper development and restoration of scientific potential in Ukraine. It should be agreed that the state of scientific potential is one of the most important resources for sustainable and safe development and a factor that determines the prospects of any country, at the same time determining the most adequate tools for assessing scientific activity and implementing them in practice is a difficult task for managers in the field of science. The above emphasizes the importance of building an effective system for rating research infrastructure entities and the need for legal regulation of this process. At the same time, the absence of a legally defined system for rating research infrastructure entities makes it impossible to effectively implement state policy on the development of research infrastructures and requires the development of clear legal criteria, procedures and institutional mechanisms. Analysis of recent researches and publications. Certain theoretical and applied issues of rating in the field of scientific and educational activities have been examined by representatives of various branches of law, economics, and other social sciences. For instance, M. V. Makarov analyzed terminology in the context of Ukrainian regulatory acts, such as the Law of Ukraine “On Scientific and Scientific-Technical Activities,” the Law of Ukraine “On Higher Education,” and the Code of Ethics of the Scientist of Ukraine. He considered issues related to the professional qualifications and academic careers of scholars and researchers in Ukraine and concluded that it is necessary to develop a unified conceptual framework of terminology that would correspond to contemporary trends in the development of science and take into account international experience. According to the author, the implementation of such changes will enhance transparency in the field of scientific activity, improve personnel policy in research institutions and higher education institutions, and ensure a clearer legal framework for law enforcement in science and education. O. O. Pifko and S. S. Kalyniuk established in their research that defining a clear rating system for higher education institutions is one of the complex tasks, and they concluded that the development of such a system would promote greater transparency and openness of higher education institutions. V. Lugovyi, I. Drach, O. Petroye, V. Zinchenko, Yu. Myelkov, I. Zhyljaev, I. Reheilo, N. Bazeliuk and V. Kamyshin studied the foundations for strengthening the research capacity of Ukrainian universities in the context of implementing the concept of “Open Science.” In particular, they examined the evaluation of research performance and publication activity of universities. I. Yu. Shevchenko and A. S. Todorova analyzed methodological and applied aspects of rating higher education institutions in the context of modernizing the network of higher education institutions in Ukraine. K. V. Klymenko and M. V. Savostianenko investigated methodological approaches to assessing the performance and effectiveness of scientific activity based on global practice. They emphasized that any scientific activity requires the assessment of efficiency and effectiveness; moreover, evaluating the performance of scientific organizations remains one of the key challenges facing management specialists, as the adequacy of such assessment depends on the parameters, criteria, and methods they develop. Thus, it appears that scientific research on this topic has predominantly addressed the problematic issues of rating higher education institutions. However, there is a clear lack of comprehensive studies related to the development of a unified rating system that would also apply to research institutions. At the same time, the activities of research institutions significantly influence society and the economy, as they ensure innovative development and contribute to solving various social problems. Article’s main body. Despite the existing developments and research, the main problems and obstacles to the transformation of the scientific sphere to international standards remain the issue of systematization of legislative acts and resolutions within the framework of a single law, improvement of existing legislation, creation of reliable and effective legal protection of intellectual property, effective mechanism and methodology for rating scientific activity. It is worth emphasizing that the current legislation, in particular the Law of Ukraine “On Scientific and Scientific-Technical Activity” does not reflect important issues of rating subjects of scientific and scientific-technical activity. At the same time, it is appropriate to note that the recently adopted Concept of Support and Development of Human Resources Potential in the Sphere of Scientific and Scientific-Technical Activity “National System of Researchers of Ukraine” aims to create a National System of Researchers of Ukraine, which is aimed at identifying, recognizing, supporting and promoting the best performing Ukrainian scientific and scientific-pedagogical workers. Thus, the ratings in the National Electronic Scientific Information System are planned to be created in three areas: general rating of scientific and scientific-pedagogical workers of the country (in all scientific areas); rating of young scientists (in all scientific areas); rating of scientific and scientific-pedagogical workers working in a security scientific area (with a separate procedure for submitting information and without its public publication). In addition to the above, it should be noted that information on the results of the rating is planned to be added as a separate indicator to the indicators of state certification of scientific institutions and higher education institutions, which, in turn, will affect the results of state certification, and accordingly on the distribution of financial support for such institutions from the state budget, including the possibility of increasing the salary of scientific and scientific-pedagogical workers working in such institutions and institutions. This is undoubtedly a positive innovation, however, it requires proper legal regulation and coordination with the current procedure for assessing the effectiveness of scientific activities of scientific institutions and higher education institutions. Thus, the attempt to introduce a national multi-level rating system for research infrastructure entities corresponds to global trends in ensuring effective assessment of scientific activity results and creating unified scientific registers, while taking into account leading European experience and international principles of using scientometric data. It should be noted separately that the proposed rating model may create risks during its implementation, in particular the risks of duplication of existing assessment mechanisms. At the same time, complete dependence on quantitative indicators without ensuring qualitative assessment may reduce the objectivity of the rating, and the implementation of an effective rating system requires clear regulatory and legal regulation of its relationship with the financing of research infrastructure entities and the impact on the implementation of relevant personnel decisions regarding the application of the incentive system, which is becoming particularly relevant in the context of martial law and the need to restore the country’s scientific potential. Conclusions and prospects for the development. Insufficient legal regulation of the mechanisms for evaluating the results of scientific activity complicates the formation of objective criteria for the effectiveness of the functioning of research infrastructure entities, which negatively affects the transparency of the distribution of budget funding, the general dynamics of European integration processes and the innovative development of the national economy. Given the importance of scientific potential as a basic resource for the sustainable development of the country, the legal regulation of the issues of rating research infrastructure entities acquires systemic importance and should ensure the effective use of financial resources, contribute to increasing the competitiveness of Ukrainian science and its integration into the European Research Area. Therefore, the absence of a holistic legal model for rating research infrastructure entities makes it impossible to effectively implement state policy on the development of research infrastructures and requires the development of clear legal criteria and institutional mechanisms, their coordination with the current procedures for evaluating scientific activity and taking into account relevant leading international experience and European standards. Prospects for further scientific research include conducting a comprehensive study of international practice in evaluating the results of scientific activity and the feasibility of its implementation in Ukraine.
Legal status of ukrainian researcher-refugees in the European Union during the war and under temporary protection
The article examines the legal position of Ukrainian researchers who, following the full-scale war launched by the Russian Federation against Ukraine, found themselves in European Union Member States under temporary protection or with refugee status. The aim is to clarify the scope of their labour and academic rights, compare the legal regimes of temporary protection and refugee status in terms of access to employment and education, and outline national regulatory specificities in Poland, Germany, and the Czech Republic. The methodology combines formal-legal, comparative-law, systemic and structural-functional approaches. The study argues that the combination of humanitarian status and the need to ensure continuity of research activity gives rise to a doctrinal category—the “researcher-refugee.” It shows that temporary protection ensures rapid access to residence, work, education and basic social guarantees but is time-limited and does not by itself secure long-term integration; refugee status, by contrast, offers broader and more durable guarantees. Case studies of Poland, Germany, and the Czech Republic reveal a hybrid model that couples humanitarian guarantees with dedicated academic instruments (facilitated university employment, scholarship and grant schemes, accelerated recognition of qualifications). Nonetheless, barriers persist regarding credential recognition, unequal access to competitive funding, and divergent institutional practices. The article’s novelty lies in conceptualising the category of the “Ukrainian researcher-refugee” and proposing a European framework for supporting displaced researchers. Its practical value is reflected in recommendations for harmonising EU Member State policies and for designing a national strategy in Ukraine aimed at support, cooperation, and future reintegration of researchers. Problem Setting. The full-scale war launched by the Russian Federation against Ukraine in February 2022 has caused an unprecedented wave of forced migration, with a considerable number of displaced persons belonging to the academic and research community. This situation has posed new challenges for Ukraine and the European Union concerning the protection of the rights of individuals granted temporary protection or refugee status, particularly in relation to research and academic activity. Therefore, there arises the need for a comprehensive legal analysis of the status of Ukrainian researcher-refugees, the specifics of their integration into the EU scientific and educational space, and the harmonisation of national and international legal mechanisms ensuring their rights. Analysis of Recent Researches and Publications. Significant contributions to the theoretical and practical aspects of this issue have been made by I. Yakoviuk, who explores the international legal mechanisms for protecting Ukrainian refugees within the European Union and the correlation between national and EU law. The researcher highlights that the effectiveness of temporary protection depends on the uniformity of legal standards and the coherence of policies among EU Member States. S. Hlibko focuses on the legal protection of social and labour rights of displaced persons, including those employed in the academic sector, and emphasises the importance of harmonising Ukrainian labour legislation with European standards. V. Kokhan analyses mechanisms of professional adaptation of Ukrainian citizens in EU countries, particularly in the fields of education, science, and entrepreneurship, stressing the importance of equal access to the labour market and the protection of employment rights. I. Podrez-Riapolova studies the legal framework for academic mobility of Ukrainian scholars within European educational programmes and underlines the need to improve procedures for recognising qualifications of persons granted temporary protection. In the broader context of humanitarian and migration law, O. Melnyk and O. Kostiuchenko address the general legal status of displaced persons and the role of international instruments such as the Council Directive 2001/55/EC and the Convention relating to the Status of Refugees in shaping European approaches to protecting Ukrainian citizens. Thus, researchers mainly focus on international, social, and educational aspects of temporary protection; however, the issue of legal guarantees for research activity and academic rights of Ukrainian researcher-refugees remains insufficiently explored and requires further in-depth study. Target of Research. The purpose of the article is to conduct a comprehensive legal analysis of the status of Ukrainian researcher-refugees in the European Union, to identify the specifics of exercising their labour and academic rights within the framework of temporary protection, and to propose ways of improving legal mechanisms that support researchers’ integration into the European scientific and academic environment. Article’s Main Body. The main part of the article examines the legal nature of temporary protection and refugee status under EU and international law, highlighting the role of Council Directive 2001/55/EC and Council Implementing Decision (EU) 2022/382 as foundational instruments for the protection of displaced persons from Ukraine. The study compares these regimes in terms of the right to work and education, noting that temporary protection ensures rapid access to residence and employment but is limited in duration, while refugee status guarantees long-term stability and integration. The article further analyses the legal position of Ukrainian researchers in Poland, Germany, and the Czech Republic, emphasising differences in national legislation and institutional practices. These states have implemented hybrid legal models that combine humanitarian guarantees with special academic instruments—simplified employment in universities, participation in grant programmes, and accelerated recognition of qualifications. Conclusions and Prospects for the Development. The study concludes that the legal position of Ukrainian researcher-refugees is shaped by a combination of international, European, and national norms. The EU’s temporary protection regime provides essential social and labour guarantees but does not ensure long-term integration. EU Member States apply hybrid models that combine humanitarian protection with academic mechanisms to preserve the intellectual potential of Ukraine. Further research should focus on the development of unified approaches to the legal status of researcher-refugees, the improvement of qualification recognition procedures, and the formulation of a long-term strategy for cooperation between Ukraine and the European Union in the field of research mobility and academic freedom.
Ethics and law: how legislation affects compliance with ethical standards in science
Problem setting. The intersection of ethics and law in scientific research has become a critical area of study as the complexities of modern science continue to evolve. With advancements in technology, increasing public scrutiny, and a growing emphasis on ethical practices, researchers face significant challenges in adhering to ethical standards while navigating legal frameworks. The problem lies in understanding how legislation influences ethical compliance within scientific communities and the implications of this relationship for research integrity, public trust, and societal impact. This publication aims to explore these dynamics and assess the effectiveness of current legal measures in promoting ethical behavior among researchers. Analysis of recent researches and publications. Recent studies have highlighted the intricate relationship between legal regulations and ethical standards in scientific research. For instance, the article “The Role of Ethics in Scientific Research: A Global Perspective” (2022) emphasizes the necessity for international ethical codes to guide researchers, suggesting that a lack of uniform standards can lead to unethical practices, such as data fabrication and plagiarism. Moreover, “The Role of Legislation in Promoting Ethical Research Practices” (2023) provides empirical evidence showing that countries with stringent ethical legislation report fewer instances of misconduct. This research underscores the importance of legal frameworks in establishing accountability mechanisms that encourage adherence to ethical norms. Conversely, gaps in legal oversight are also documented. The publication “Legal Gaps in Ethical Oversight of Scientific Research” (2021) identifies significant shortcomings in many national laws that fail to adequately address ethical violations, allowing for a culture of impunity among researchers. Furthermore, “Public Trust in Science: The Role of Ethics and Law” (2023) illustrates that the public’s confidence in scientific institutions is heavily influenced by their perception of ethical conduct, which is directly tied to existing legal frameworks. Target of research. This research aims to critically examine how legislative measures impact the adherence to ethical standards in scientific research. Specifically, it seeks to: 1. Analyze the effectiveness of existing laws and regulations in promoting ethical behavior among researchers. 2. Identify key areas where legal frameworks may fall short in ensuring compliance with ethical standards. 3. Explore the role of international guidelines and agreements in shaping national legislation related to scientific ethics. 4. Assess the implications of ethical compliance on public trust in science and the broader societal impact. Article’s main body. 1. The Interplay Between Ethics and Law The relationship between ethics and law is multifaceted, with each influencing the other. Legal frameworks often codify ethical principles, creating enforceable standards that guide researchers’ conduct. However, laws can also lag behind evolving ethical considerations, particularly in fast-paced fields like biotechnology and artificial intelligence. 2. Case Studies of Effective Legislation Several countries have implemented successful legislative measures that enhance ethical compliance. For example, the establishment of Institutional Review Boards (IRBs) in the United States has significantly improved oversight of research involving human subjects. Similarly, the European Union’s General Data Protection Regulation (GDPR) has set a high standard for ethical data handling practices, influencing global norms. 3. Identifying Legal Gaps Despite progress, many jurisdictions still lack comprehensive legal frameworks for regulating research ethics. The absence of clear penalties for unethical behavior can undermine efforts to promote integrity within scientific communities. Additionally, varying interpretations of ethical standards across countries complicate international collaboration. 4. The Role of International Guidelines International organizations, such as UNESCO and the World Health Organization, have developed guidelines that serve as benchmarks for national legislation. These guidelines promote best practices and encourage countries to adopt more robust legal frameworks that align with global ethical standards. 5. Implications for Public Trust The connection between legal compliance and public trust cannot be overstated. When researchers adhere to ethical standards bolstered by strong legal frameworks, public confidence in science increases. Conversely, high-profile cases of misconduct can erode trust, highlighting the need for transparency and accountability. Conclusions and prospects for the development. In conclusion, the interplay between ethics and law is crucial for fostering a culture of integrity in scientific research. While existing legislation has made strides in promoting ethical compliance, significant gaps remain that must be addressed to enhance accountability and restore public trust. Future developments should focus on: 1. Strengthening legal frameworks to ensure comprehensive oversight of research ethics. 2. Encouraging international collaboration to harmonize ethical standards across borders. 3. Promoting education and training for researchers on the importance of ethics and compliance. 4. Implementing transparent reporting mechanisms for ethical violations to enhance accountability. By addressing these areas, stakeholders can work towards a more ethically sound scientific community that upholds the highest standards of integrity while advancing knowledge for societal benefit.