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 & Research Institute of Providing Legal Framework for the Innovative Development of National Academy of Law Sciences of Ukraine. 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); - Information Matrix for the Analysis of Journals – MIAR (Spain); - 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
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
legal regulation of artificial intelligence
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.
Assessment of resources of higher education institutions as scientific and research infrastructure
Problem statement. The relevance of the problem of assessing the resources of higher education institutions as a research infrastructure is due to the need to implement the Law of Ukraine “On Amendments to Certain Laws of Ukraine Regarding Support for Scientific Work in Higher Education Institutions”. Status of the development of the problem. An analysis of similar and/or related problems was conducted, which was carried out by scientists A.P. Getman, I.V. Podrez-Ryapolova, A.M. Lyubchych, as well as S.M. Nikolaenko, who has experience as the Minister of Education and Science of Ukraine in 2005-2007 and was the Chairman of the Committee on Education and Science of the Verkhovna Rada of Ukraine in 2002-2005. Purpose of the article. Popularization of the problem of assessing the resources of higher education institutions as a research infrastructure through a scientific and practical commentary on the Law of Ukraine “On Amendments to Certain Laws of Ukraine Regarding Support for Scientific Work in Higher Education Institutions”, highlighting the problems of attestation of research infrastructures of higher education institutions and substantiating proposals on the criteria for assessing significant scientific achievements achieved by them and by the scientists who are part of them. Presentation of the main material. The feasibility of state support for scientific work in higher education institutions is substantiated. A commentary on the main provisions of the Law of Ukraine “On Amendments to Certain Laws of Ukraine Regarding Support for Scientific Work in Higher Education Institutions” is provided. The shortcomings of the selection of indicators of achievements of scientists of higher education institutions, which give the attestation of research infrastructures a somewhat distorted idea of the achievements of the institution as a whole, are analyzed. The nonobjectivity of the ratings of scientific achievements of scientific teams of structural units (faculties, departments, laboratories, etc.) and personal achievements of scientists (scientific personnel) does not contribute to encouraging active scientific research work and intellectual publicity. Emphasis is placed on the need to activate local initiatives of institutions, institutes, structural units, Academic Councils of HEIs to improve the methods of assessing the achievements of scientists and teams. Scientific novelty. Little-researched problematic issues of assessing the scientific achievements of Ukrainian scientists working in HEIs are identified. The need to solve them not so much at the state level as at the local level is substantiated. Conclusions. Negative experience of attestation of research infrastructures of higher education institutions of Ukraine in terms of selecting indicators for assessing scientific achievements in comparison with EU countries is revealed. It is proposed to actively study and highlight the problems of adapting scientific activity in higher education institutions as a research infrastructure to the updated requirements of state certification. Trends in the development of the legislative framework for supporting scientific work in higher education institutions and for changing the priority areas of scientific, scientific and technical and innovative activities encourage the debureaucratization of the Ministry of Education and Science of Ukraine and educational institutions.
dicators for assessing scientific activity
The limits of debt policy: balancing the protection of the economic rights of the population and ensuring the financial security of the state
Problem setting. In conditions of high dependence on external lending, Ukraine faces the pressing challenge of reconciling the demands of international financial donors (regarding fiscal reforms and tax increases) with the necessity of ensuring social justice, protecting the economic rights of citizens, and developing a balanced debt policy. Analysis of recent research and publications. The issue of Ukraine’s national debt has been studied by many scholars, but the impact of excessive debt dependence on the country’s economic security and the economic rights of its population remains largely overlooked. The purpose of this article is to define the limits of the state’s debt policy in the context of ensuring a balance between fiscal stability, financial security, and the protection of the economic rights of the population. Article’s main body. The article explores the issue of defining the limits of a state’s debt policy in the context of balancing financial security, fiscal discipline, and the protection of citizens’ economic rights. Based on an analysis of Ukraine’s current public debt situation under wartime economic conditions, the study reveals the essence of debt dependency as a factor influencing economic sovereignty, budgetary stability, and social justice. It examines the suspension of fiscal rules during the war and the exceeding of debt limits established by Ukraine’s Budget Code. It is emphasized that, although such deviations are objectively justified, they pose long-term risks to the country’s financial stability. Particular attention is devoted to analyzing external debt dependency and its impact on citizens’ economic rights through the restriction of state social obligations, increased tax pressure, and rising borrowing costs. The necessity of introducing a legal mechanism for assessing the impact of debt decisions on human rights (Human Rights Impact Assessment) is substantiated as a preventive instrument against the socio-economic consequences of excessive fiscal consolidation. The authors propose the formation of a “Debt Doctrine” of Ukraine that integrates legal, economic, and social criteria for debt decision-making, focused on ensuring long-term financial sustainability. Conclusions and prospects for development. The study concludes that an effective debt policy should be based on the principles of transparency, social justice, and responsibility, ensuring both the preservation of citizens’ economic rights and the macro-financial stability of the state. The proposed approaches may serve as a foundation for restoring fiscal rules and developing a balanced system of financial governance in the post-war period.
Scientific and research institute of providing legal framework for the innovative development
On the Issue of Transformation of the Social Protection System for War Veterans in Ukraine
Problem setting. The sphere of social protection has always been a key aspect of the formation and implementation of Ukraine’s social policy. The right to social protection guaranteed by Article 46 of the Constitution of Ukraine emphasizes that Ukraine is a social state, the activities of which are aimed at ensuring the right of citizens to social protection. This right includes provision in the event of loss of working capacity, loss of breadwinner, unemployment, old age and other cases stipulated by law. The full-scale invasion of Ukraine has become a challenge for all areas of state policy, including social policy, which is aimed at supporting low-income and socially vulnerable categories of the population. In connection with the conduct of active hostilities and the introduction of martial law throughout the territory of Ukraine, a number of changes were made to the system of legislation in the field of social security for military personnel and war veterans, which have a significant impact on the content and scope of their legal status. In general, the transformation of the social security system for war veterans in Ukraine involves a set of measures aimed at improving social protection and their financial situation. This includes reviewing legislation, introducing new social services, developing a system of benefits, and adapting veterans to civilian life. The conducted study of state veteran policy on the protection of the basic constitutional rights of citizens with the status of war veterans allows us to assert that there are several options for the development of state systems of social protection for war veterans, the priority areas of which should be: a) implementing special legislation; b) ensuring the effectiveness of a special state body; c) creating a digital platform for war veterans; d) reviewing and improving all mechanisms that facilitate war veterans’ access to social benefits. The relevance of the scientific study is due to the rapid increase in the number of war veterans in Ukraine and the need to provide them with decent living conditions. Analyses of recent researches and publications. In scientific literature, the issues of social security for vulnerable categories of the population are the subject of research by many Ukrainian scientists, in particular: N. Bolotina, N. Vapnyarchuk, M. Vasyliev, V. Kokhan, P. Rabinovych, A. Sydorenko, N. Stativka, A, O. Nazarenko, Yu. Kryvenko and others. Article’s main body is to conduct an analysis of the category of “transformation of social protection”, to study the features of social protection introduced under martial law for the category of citizens with a special status war veterans, as well as to identify problematic aspects of their legal status as subjects of social protection. Conclusions and prospects for the development. Today it is obvious that point changes, given the increase in the number of veterans in society, are not able to solve the problems that have arisen in the state, and therefore the system requires a comprehensive reorganization with the participation of veterans and their families as beneficiaries of state policy. Transformation of the social security system for war veterans is one of the key directions of state social policy in the war and post-war period. An effective model should be based on the principles of targeting, justice, digital accessibility and dignity. Involving veterans themselves in policy formation is the key to its practicality and sustainability. Thus, modern military conflicts become not only a catalyst for transformations in social states, but also reveal their weaknesses, requiring adaptation to new realities. The future stability of social systems and citizens’ trust in state institutions depend on the ability of governments to effectively respond to these challenges.
Legal and moral responsibility in the conditions of development of autonomous artificial intelligence systems
Problem setting. In the context of the development of a digital society, a number of increasingly relevant questions have arisen regarding the development and use of artificial intelligence in relation to morality. The implementation of artificial intelligence systems is expanding in all spheres of society, which also means that questions of responsibility arise in various contexts. Therefore, it is necessary to investigate whether the use of autonomous systems sometimes leads to responsibility-related problems and to what extent it makes sense to assign responsibility to artificial autonomous systems. Analysis of recent researches and publications. The study of issues of legal and moral responsibility in a technological context is quite complex. This is due to the fact that neither academic literature nor legislation provides a unified view on a number of contentious questions that arise when examining this topic. Certain aspects of legal responsibility have been explored in the works of well-known Ukrainian legal scholars, including studies on legal responsibility as a systemic phenomenon (R. Maidanyk), analyses of doctrinal approaches to understanding the essence of legal responsibility (V. Zhornokui), and examinations of legal responsibility as a form of state coercion (V. Nadeon, R. Shyshka), among others. Although there are seven main concepts for understanding legal responsibility as a legal phenomenon, none of them provides answers to the questions associated with the development and use of artificial autonomous intelligent systems. Certain legal aspects related to technology have been addressed in the works of Ukrainian scholars such as D. Adamiuk, H. Androshchuk, O. Davydiuk, B. Paduchak, M. Shvets, and others. In Ukrainian legal scholarship, the issue of moral responsibility in the technological context has been scarcely explored. The analysis of legal and moral responsibility of artificial autonomous systems requires new methodological frameworks. Purpose of the research. The aim of the study is to identify approaches to the issue of responsibility in the context of the development and use of artificial autonomous systems, which contributes to ensuring their ethical and reliable behavior. Article’s main body. The article argues that society’s growing dependence on artificial-intelligence autonomous systems sharply raises questions of responsibility. It is noted that there are a number of ethical dilemmas associated with the development and use of artificial intelligence. The article emphasizes that discussions and debates continue within the academic community regarding the issue of responsibility, demonstrating significant differences in possible approaches to this topic. It is shown that responsibility in the context of AI systems requires an interdisciplinary approach. It is established that applying a philosophical approach to identifying responsibility-related problems in autonomous systems contributes to ensuring the reliability of such systems. Some of the most common general approaches to studying the concept of responsibility are characterized. Attention is focused on the relevance of the sociotechnical approach to the issue of responsibility. It is stressed that there is no single doctrinal approach to understanding legal responsibility; rather, there are at least seven main concepts interpreting legal responsibility as a legal phenomenon. It is identified that different dimensions of responsibility are connected to interdisciplinary challenges in the design, development, and use of reliable autonomous systems and can help address them. Therefore, ensuring the reliability of autonomous systems is an important interdisciplinary task. It is assumed that if autonomous systems in their automated decision-making processes focus exclusively on maximizing efficiency indicators, they are likely to ignore responsibility-related issues. It is concluded that, in order to minimize harmful consequences and ensure ethical and reliable behavior of AI-based autonomous systems, they should, in the future, be allowed to reason about potential responsibility-related problems. Conclusions and prospects for development. As it is becoming increasingly clear that it is impossible to expect all components of an autonomous system to behave properly, there is a need to develop and implement general methods to ensure reliability and resilience. The concept of responsibility can serve as a basis for conceptualizing reliability and resilience, which creates the need to develop a set of methods capable of analyzing the trade-off between efficiency and resilience in sociotechnical systems, as well as designing comprehensive models of sustainable collaboration between humans and artificial intelligence. Ensuring the reliability of autonomous systems and artificial intelligence is an important interdisciplinary task. A philosophical approach can be applied to identify issues of responsibility in autonomous systems; a sociotechnical approach can be used to quantitatively assess degrees of responsibility and task coordination based on this; and a legal approach can be used to define the concept of legal responsibility in a technological context. If, in the future, artificial-intelligence-based autonomous systems are allowed to reason about potential responsibilityrelated problems, harmful consequences can be minimized, and ethical and reliable behavior can be ensured. If autonomous systems in their automated decision-making processes focus exclusively on maximizing efficiency indicators, they are likely to ignore issues of responsibility (from accountability to legal liability). Therefore, a comprehensive study of this issue in the technological context is currently relevant in order to determine who, and to what extent, is responsible for the long-term behavior of an artificial intelligence autonomous system or for a particular decision it makes.
quantification of degrees of responsibility
sociotechnical approach to responsibility
legal responsibility in a technological context
responsibility of lethal autonomous weapons systems
Особливості розподілу прав та обов’язків щодо підтримання придатного стану речі у договорі найму (оренди) транспортного засобу з екіпажем
Problem setting. Studying the impact of public debt on economic security is particularly important, as debt burden directly affects a country’s ability to ensure macroeconomic stability, creditworthiness, and social obligations. The global increase in public debt, especially after the global crises – financial, pandemic, and energy – creates additional risks for the stability of national economies. For Ukraine, this problem is exacerbated by the ongoing war, the destruction of economic infrastructure, and significant external borrowing, which are creating critical levels of debt pressure. Studying debt risks in conditions of geopolitical instability is necessary for developing an effective financial security strategy and maintaining investor and donor confidence. Therefore, this study is important at both the national and international levels. Analyses of recent researches and publications. Various aspects of debt policy and financial security of the state have been studied by many economists and lawyers. Romanovskaya Yu. A. analyzed Ukraine’s public debt in wartime. Kirov B. S. studied aspects of public debt formation and debt security. The management of Ukraine’s public debt in special conditions was studied by Krupyak I. Y. and Krupyak L. B. The analysis of the impact of external debt on the financial stability and national economic security of Ukraine was carried out by Pikulina O. V., Ogdansky K. M., and Pikulina N. Y. The purpose of this article is to study the impact of external and internal public debt on the financial security of the state and to identify areas for optimizing debt policy in order to strengthen financial stability. Article’s main body. The article examines the relationship between the level of public debt and the financial security of the state, which is one of the key components of national economic security. It is argued that the growth of public debt, especially external debt, increases the risks of losing economic sovereignty, intensifies fiscal pressure, and limits the possibilities of budgetary policy. It is determined that for Ukraine, which is in a state of war, ensuring debt security through transparency, control over borrowing, and compliance with international standards of responsible debt management is of particular importance. The impact of external debt dependence, in particular the conditions of IMF programs, on domestic economic policy and social parameters of the state is analyzed. It is noted that effective debt policy should be aimed at balancing domestic and external borrowing, optimizing the debt structure, and increasing the state’s ability to service its obligations without creating threats to financial stability. The role of the Stockholm Principles as an international ethical standard for preventing debt pyramids and a tool for increasing creditor confidence is highlighted. Conclusions and prospects for the development. Debt security is a component of a state’s financial security, according to which the state is obliged to ensure not only formal solvency, but also a balanced structure of debt obligations that does not pose a threat to sovereignty, macroeconomic stability, and social stability. External debt dependence, which is formed as a result of Ukraine’s participation in programs of the IMF and other creditors, has legally significant consequences for state sovereignty. Responsible debt policy is an element of economic sovereignty. Ukrainian legislation needs to be improved in terms of the regulatory definition of debt security limits and the introduction of a debt risk monitoring system.
Legal support for the use and advancement of artificial intelligence in Ukraine’s demining
Problem setting. One of the biggest problems that significantly limits or even prevents Ukrainian farmers from using natural resources is the high level of mine contamination in large areas. Moreover, effective mine action is significantly hampered by the continuation of hostilities and changes in the front line. These factors cause changes in the areas of suspected and confirmed contaminated territories. Thus, almost a third of Ukraine’s controlled territory needs to be surveyed. Even by rough estimates, humanitarian demining of these territories could take decades and cost billions of dollars. The use of artificial intelligence products for demining, especially if they are improved, could reduce the resources and time required to almost 10 years. Analyses of recent researches and publications. Androshchuk G. explores general strategic issues concerning the role of artificial intelligence in the development of the digital economy, copyright issues for works created with the help of artificial intelligence, and the degree of trust in artificial intelligence. The works of A. Hachkevych and L. Tovkun outline issues of legal regulation and international experience in the implementation of artificial intelligence. Articles by K. Yefremova and O. Chernenko highlight the principles of artificial intelligence development, theoretical approaches to the regulation of artificial intelligence in the EU, and specific issues related to the implementation of artificial intelligence in various fields, including financial systems. The purpose of this article is to study the peculiarities of modern legal support for the use and improvement of artificial intelligence models to enhance safety, quality, and speed up demining in Ukraine. Article’s main body. The article is devoted to the study of legal support for the application of existing technologies, as well as the improvement of artificial intelligence for humanitarian demining in Ukraine. It has been established that legislation tends to set general frameworks, while the immediate details and limits of use are established by specific agreements. Particular attention is paid to the analysis of international contractual regulation of cooperation between the Ukrainian government and the leading US technology corporation Palantir Technologies Inc. This company has set itself the ambitious goal of becoming a game changer in the world of technology and using its products and capabilities for maximum social benefit, rather than just commercial profit. Thus, in-depth international cooperation on the application of artificial intelligence with Palantir was initiated by the Ministry of Digital Transformation of Ukraine and continued by the Ministry of Economy of Ukraine specifically for more effective humanitarian demining. Conclusions and prospects for the development. Thus, Ukraine’s implementation of various artificial intelligence technologies, as well as the contractual regulation of such relations, is far ahead of the relevant national legal framework, particularly in sensitive areas such as national security and defence. It is expected that a specialised law will be developed and adopted in the near future, in 2026–2027, to implement the provisions of EU Act 2024/1689. Ideally, this law will take into account national experience in the widespread implementation of artificial intelligence, from recording evidence of war crimes committed by the aggressor in Ukraine to prioritising the demining of certain territories. A promising area of research would be to analyse the various types of memoranda and the characteristics of the parties’ obligations in more detail. It would also be interesting and useful, both theoretically and practically, to establish the nature, characteristics and legal basis of the Ministry of Economy of Ukraine’s cooperation in the field of humanitarian demining, and Ukraine’s cooperation as a whole, if and when such data is made public — for example, after the war ends or cooperation with Palantir concludes — as well as the consequences of such cooperation.
State’s environmental policy – direct path to the development of green entrepreneurship
Problem setting. The issues of elaborating new models for developing society in the whole remain currently relevant in such difficult conditions. One of the largest problems on a global scale is stable deterioration of the environment, which is related to hazardous industrial entrepreneurship. Given this, it is important for our country to create such conditions for the functioning of the national economy that would allow improving the environmental situation in the country, and therefore would ensure a stable level of its economic growth. In this respect, we are talking about the development of green entrepreneurship – activity that aims to generate profit from selling environmental goods and provision of services that involve the use of methods and technologies that nullify the usage of non-renewable natural resources, and their use contributes to the creation of ecological living conditions for consumers to the greatest possible extent, as well as creates conditions for the development of environmental awareness in society. Analysis of recent researches and publications. While studying the issues of elaborating state environmental policy in Ukraine regarding the development of green entrepreneurship, the main attention is paid to the analysis of its current situation, existing obstacles to the implementation of advanced world practices regarding its improvement and to the need of improving legislation in this area. Modern economic and legal scientific thought is being actively improved in the context of developing a doctrine for the formation and development of a new type of entrepreneurial activity – green entrepreneurship. Thus, the issues of developing the basic principles of the concept of “green” business are actively discussed in the economic literature, while the emphasis in the legal literature is placed on attracting investments into the development and implementation of environmental innovations for improving certain areas of green entrepreneurship. Purpose of the research is to clarify the current situation of Ukrainian legislation and international regulatory acts ensuring the state’s environmental policy in regard to the formation and development of green entrepreneurship. Аrticle’s main body. The relevance of the issues raised in this article is due to the fact that the leadership of our country should urgently take measures that would ensure greater stability of the functioning of entrepreneurship in new conditions, since the implementation of contradictory measures of the environmental policy or their absence in general deter investors who cannot predict further actions of the government of a particular country in this area. Particular attention has been paid to the fact that the implementation of green entrepreneurship in Ukraine will contribute to the resolution of many economic and environmental issues that will contribute to a number of economic benefits – the creation of new jobs; increasing budget revenues due to an increase in the number of entrepreneurial companies and their production volumes; access to new world markets where competitive relations have not been formed yet, etc. Besides, the development of green entrepreneurship will directly stimulate the attraction of foreign investment into the national economy of Ukraine. Сonclusions and prospects for the development. The concept of green entrepreneurship in terms of elaborating the environmental policy of our country is one of the main elements of innovative development in the process of post-war restoration of destroyed or damaged infrastructure. Best practice of conceptual and legal principles of green entrepreneurship in the context of innovative development of Ukraine will allow minimizing the consumption of energy resources in view of their significant deficit that will contribute to the formation of a healthy society and the state of the natural environment. This necessitates the development of an action plan that would include the development and implementation of green technologies, the use of innovative energy-saving methods and energy-efficient building materials.
Conceptual principles of state regulation of the implementation of digital technologies in the energy sector
Problem setting. The transition from analog to digital technologies allows for the introduction of new approaches to energy production, distribution and consumption, as well as the creation of intelligent and integrated energy systems that are able to adapt to changing conditions and ensure reliable operation. The scientific work is devoted to the study of the experience of state regulation of digitalization of energy sector in the EU and the analysis of Ukraine’s capabilities to effectively manage the processes of digital transformation of the national energy sector, increase the competitiveness of the energy sector in the global economic environment, guarantee the protection of consumer rights and preserve the digital, technological and energy sovereignty of the state and individuals. Analysis of recent researches and publications. The problems of digitalization of energy sector, state regulation and management of digital technologies are actively researched and covered in modern literature. and data in energy. Most often, scientists work on the issues of regulation of artificial intelligence and data protection as the most complex and critically important aspects of digital transformation. The topic of ensuring data sovereignty, digital, technological and energy sovereignty of the state and subjects with state regulation tools remains unexplained and insufficiently studied. Purpose of the research is to substantiate the conceptual principles of state regulation of energy digitalization, taking into account European approaches, modern technological trends, and the peculiarities of the implementation of digital technologies in Ukraine. Article’s main body. The digitalization of energy is part of a dual transition: green and digital. Digital innovations are modernizing the energy industry and creating a new paradigm for automated management of the energy system, network and energy market through the organization of the functioning of the energy data space. The core of digital transformation is artificial intelligence. The implementation of innovative solutions in the energy sector is complex and simultaneously covers several interrelated areas that are subject to state regulation: energy, digitalization, data management and protection, cybersecurity, ensuring the rights and interests of consumers. State regulation of smart energy within the European model is based on the principle of intersectoral management using both strict regulatory rules and flexible regulation of implemented innovations. The main instruments of state regulation include regulatory and administrative instruments, incentive and support instruments. The purpose of state regulation is to ensure the coordinated development and implementation of digital innovative technologies in the energy sector, the functioning of the digital energy data space, the development of digital energy markets, automation of energy system and network management and their integration into the data economy and the digital economy. An important component of the EU policy on the formation of smart energy is ensuring data sovereignty, as well as digital, technological, energy and European sovereignty. Thanks to an integrated approach, Europe purposefully strengthens its energy, digital and technological independence, creates conditions for the reliable functioning of the digital energy system, increasing its competitiveness and security. Unlike the EU, the process of digital transformation in Ukraine is taking place in the absence of proper legal regulation, limited financial resources and dependence on foreign technologies and partners, which creates threats to its state sovereignty. Conclusions and prospects for development. The priority of Ukraine’s policy in the field of energy digitalization should be the creation of regulatory, organizational and technical prerequisites for energy decentralization, ensuring the energy, technological and digital sovereignty of the state, which requires separate research and justification.
Development of entrepreneurial initiatives of war veterans: legal aspects of state funding and tax incentives
Problem setting. The stimulation of economic activity by veteran entrepreneurship entities is currently acquiring new features and increased relevance, including with the update of current legislation and strategic development directions in this area. State financing and support of veteran business is becoming a promising direction of state policy and has a direct impact on the renewal of the national economy. The development of veteran business in Ukraine has significant potential, it will contribute to economic growth by creating new industries and addressing societal needs, and will also ensure veterans’ active participation in civilian life. Therefore, it is extremely important to build an effective model for implementing veteran business with the help of an effective regulatory and tax framework. Analysis of recent research. Research on the issues of providing state support to war veterans has been conducted by many scientists. For example, O. Yu. Illarionov analyzed the legal principles of supporting and developing veteran business. V. I. Sheverdina conducted a study of domestic veteran policy on the protection of the basic constitutional rights of citizens who have the status of war veterans. V. P. Kokhan studied the issue of employment of war veterans and identified three areas of return of war veterans to work as a result of their professional adaptation: traditional employment in the form of hired labor in accordance with the Labor Code of Ukraine; employment under non-standard employment conditions and the establishment and development of veteran entrepreneurship. In the current conditions of martial law, the issues of developing entrepreneurial initiatives of war veterans are becoming particularly relevant and require additional scientific research. The article aims to conduct a legal analysis and scientific research on the issues of state financing and tax incentives for the development of entrepreneurial initiatives of war veterans in Ukraine. Аrticle’s main body. Russia’s long-running war against Ukraine has led to many important problems in supporting military personnel and war veterans. Despite the dynamic development of legislation in the field of supporting war veterans, legal and tax mechanisms for stimulating veteran entrepreneurship require continuous improvement and adaptation. The measures currently being taken to reintegrate veterans into society are insufficient; they take the form of state social payments and benefits, which are considered outdated and ineffective according to state authorities, local governments, civil society representatives, and veterans themselves. The Law of Ukraine «On Veteran Entrepreneurship » provides for the creation of a system of economic and social incentives to assist veteran entrepreneurship entities in carrying out entrepreneurial activities, increasing their level of competitiveness, social activity, and achieving financial stability; stimulating investment and innovation activity of veteran entrepreneurship entities and establishing the introduction of mechanisms to stimulate veteran entrepreneurship as a priority direction of state policy. However, the aforementioned law does not specify the components of the mechanisms to stimulate veteran entrepreneurship, in particular the tax one. Therefore, it is necessary to raise the issue of preferential taxation and lending for veteran entrepreneurship in the future: after the introduction of legal regulation of veteran entrepreneurship, the issues of its encouragement, determination of financial mechanisms for its stimulation and support arise. It is noted that despite the lack of legislative regulation of tax incentives, their main goal is to create favorable conditions for taxpayers, therefore tax benefits are an effective tool for encouraging veterans to open their own business. To ensure an effective model of implementation of veteran business, it is currently considered relevant to improve the incentive mechanisms of state support and introduce special tax benefits for veterans-entrepreneurs, which will contribute to the activation of their opening of their own business. Conclusions. The conducted scientific research on legal issues of state financing and tax incentives for the development of entrepreneurial initiatives made it possible to conclude that state support for the entrepreneurial activity of war veterans should be systemic and implemented at the national, regional and local levels. Tax incentives for the entrepreneurship of war veterans should be integrated into a comprehensive state policy aimed at supporting the development of veteran entrepreneurship, enhancing its competitiveness, facilitating the reintegration of war veterans into civilian life, and promoting the sustainable development of Ukraine’s national economy. The problem of the tax burden on war veterans engaged in entrepreneurial activity necessitates the improvement of legal regulation, including by updating the norms of tax legislation. Therefore, in the context of creating a regulatory framework for regulating veteran entrepreneurship, it is necessary to continue to improve current legislation and introduce effective instruments for tax incentives for veteran entrepreneurship, that is, to implement effective mechanisms for preferential taxation and lending to veteran businesses, which will increase the level of economic activity of war veterans.
Support for entrepreneurial activities of war veterans: status of legal provisions and prospective legislation
Formulation of the problem. Supporting the return of war veterans to civilian life, stimulating and supporting their economic activity in general, and entrepreneurial activity in particular, is an extremely important direction of state veteran policy. Currently, the legislation regulating the entrepreneurial activities of war veterans in Ukraine is only being formed. Therefore, many problematic issues arise that require the development of an effective mechanism for their resolution. The purpose of the study. Based on an analysis of scientific literature, domestic and foreign experience in supporting war veterans, to substantiate proposals for improving legislation on veteran entrepreneurship, in particular, the concept of veteran entrepreneurship, and resolving other legal problems in this area. Analysis of previous studies and publications. Domestic legal science pays considerable attention to the issue of veteran entrepreneurship. Thus, on June 30, 2025, at the Research Institute of Legal Support for Innovative Development of the National Academy of Sciences of Ukraine, within the framework of a round table dedicated to the legal support of professional adaptation and the right to entrepreneurial activity of war veterans [2], a range of issues regarding various aspects of veteran entrepreneurship were discussed. Among them: the creation of a legal mechanism for state support of veterans’ entrepreneurial activities (Podrez-Ryapolova I.V.), certain legal aspects of applying international experience in state support for the development of the entrepreneurial potential of veterans (Kolisnyk A. S.), comparative analysis of support for veteran entrepreneurship in Ukraine and the countries of the European Union (Zagorui I. S., Zagorui L. M.), challenges and reality of legal support for entrepreneurial activity and social adaptation of disabled war veterans (Salinko G.O., Shapovalova O.V.), wartime tax innovations as a risk for veterans’ exercise of the right to entrepreneurial activity and their evasion from paying taxes (Yakutin V.V.). Representatives of economic science Kraus K.M., Ignatyuk A.I., Kraus N.M. also joined the research on the topic of veteran entrepreneurship, who considered the issues of institutional, financial, and project components of the practical implementation of veteran entrepreneurship and business in Ukraine[3]. Аrticle’s main body. For Ukraine, such a type of private entrepreneurship as veterans’ entrepreneurship is of particular importance. The Russian-Ukrainian war has been going on for eleven years. Therefore, after some time, a significant part of Ukrainian society will be made up of veterans of this war. This is an extremely valuable human capital, which after the end of the war can become a driving force for the country’s socio-economic development, provided that an appropriate human-centered state policy is formed regarding the return of veterans to peaceful life. Maximum promotion of the development of such a type of economic activity of veterans as their entrepreneurial activity is an effective means of returning veterans to peaceful life. Therefore, the mechanism of legal regulation of veteran entrepreneurship in general, and, in particular, the concept of veteran entrepreneurship, must be perfect. Until February 26, 2026, when the Law of Ukraine “On Veteran Entrepreneurship” comes into force, Ukrainian legislation does not contain special norms regarding the conduct of entrepreneurial activities by war veterans. The organizational forms of such activity, its legalization, application of state regulation tools to it, and taxation are carried out on the basis common to all. Currently, the peculiarity of the regulation of veteran entrepreneurship is exclusively its targeted state support. With the entry into force of the Law of Ukraine «On Veteran Entrepreneurship», the legal regulation of veterans’ entrepreneurial activities will acquire certain features, in particular, a legal definition of the concept of veteran entrepreneurship will appear. Analysis of the norms of the Tax Code of Ukraine shows that this concept cannot be considered successful and does not meet the requirements of current legislation. Also, the concept of veteran entrepreneurship defined by the law highlighted the problem with the general concept of entrepreneurial activity, which arose after the abolition of the Economic Code of Ukraine. Сonclusions and prospects for the development The state is increasing its attention to supporting the economic activity of war veterans, which is confirmed by the adoption of the Law of Ukraine “On Veteran Entrepreneurship”. To resolve the problems that arose with its adoption, it is necessary to make changes to the concept of veteran entrepreneurship defined by this law. The general concept of entrepreneurship also needs improvement, the content of which has changed significantly after the abolition of the Commercial Code of Ukraine.
state support of veteran entrepreneurship
The concept of “bullishing” in Ukrainian legislation: problems of definition and law enforcement
Problem setting. On June 6, 2024, the Verkhovna Rada of Ukraine adopted the Law of Ukraine “On Amendments to Certain Laws of Ukraine on the Prevention of Violence and the Elimination of Cruelty to Children” № 3793-ИХ. The consequence of this regulatory legal act was the removal of the concept of “bullying” from Article 1 of the Law of Ukraine “On Education”. Instead, the term “bullying” was included in the Law of Ukraine “On the Protection of Childhood”. So, now the definition of the concept of “bullying” at the legal level is contained in the Code of Ukraine on Administrative Offenses and in the Law of Ukraine “On the Protection of Childhood”. It should be noted that in international legal documents and in national legislation, a child is considered a person under the age of eighteen. This means that, given the age of the students, which may go beyond the concept of “minor” or “child”, that is, over 18 years old, the definition of the concept of “bullying”, which is enshrined in the legislation, is obviously imperfect, since its subject composition does not include adults studying in educational institutions. Such imperfection has negative legal consequences, since in the event of establishing the fact of bullying with the participation of an adult person a member of the staff of an educational institution, it makes it impossible to bring him to administrative responsibility. That is why the definition of this term needs to be improved and included in Article 1 of the Law of Ukraine “On Education”. Analysis of recent researches and publications Bullying as a social phenomenon is thoroughly covered in the works of such foreign and Ukrainian scientists as H. Leimann, D. Olweus, E. Roland, A. Barlit, A. Kvasha, K. Ye. Nazarchuk, M. V. Zelenska, M. D. Vasilyeva, etc. In recent years, legal experts have been engaged in the issues of combating and preventing bullying, in particular, O. Ivanii, I. Lubenetsi, O. V. Lutsiv, I. G. Bukhtiyarova, M. V. Prykhodko, O. G. Strelchenko, etc. Their scientific achievements have expanded the understanding of this socially dangerous act and contributed to its deeper understanding in the legal sphere. At the same time, recent changes in Ukrainian legislation give grounds for a critical view of them and create the basis for a separate study of the issue of the causal relationship between terminology and law enforcement. The purpose of this article is improving the definition of the concept of «bullying» based on the analysis of scientific works and modern national legislation. Article’s main body. Bullying is manifested in the aggressive behavior of one person or a group of people towards another person – a child or an adult. This is accompanied by constant psychological and physical pressure. A person is systematically teased, made fun of, spoiled, gossiped about, published personal information and photos on social networks, boycotted, intimidated and even beaten. As has historically been the case, it is generally accepted that bullying is widespread in school children’s groups. But, studying at a university, you can also encounter bullying from classmates or other participants in the educational process. The Code of Administrative Offenses regulates the administrative liability of participants in bullying in the form of fines and corrective labor. Administrative liability for bullying (bullying) in Ukraine occurs if the actions of participants in the educational process do not show signs of a crime, the liability for which is provided for by the Criminal Code of Ukraine. The paradox is that the concept of “bullying”, which is enshrined in the Code of Administrative Offenses, is such that it does not directly cover students aged 18 to 23 and older. For unknown reasons, this age category of education seekers was overlooked by the legislator and was not included in the definition, as a result of which adult students do not fall under the scope of this Code. Therefore, it is impossible to use a regulatory document that determines the actions of an educational institution in the event of bullying. However, participants in the educational process in higher education institutions also include persons who have reached the age of majority and can also be both bullies and victims of bullying. Therefore, due to the existing gap in the legislation, it is not considered possible to bring adult students, cadets, postgraduates, etc. to administrative responsibility. Conclusions and prospects for the development. Based on the above and in order to eliminate the legal uncertainty that exists in the legislation due to its imperfection and inconsistency, Part 1 of Article 173-4 of the Code of Administrative Offenses shall be worded as follows: “bullying is an act (action or inaction) of participants in the educational process, which consists in psychological, physical, economic, sexual violence, including with the use of electronic communications, committed against a minor or underage person (students, (pupils)) or an adult (a higher education graduate) and (or) by such persons against other participants in the educational process, as a result of which harm could have been or has been caused to the mental or physical health of the victim.” We believe that the inclusion of subjects such as adult students in the concept of “bullying” contained in the Code of Administrative Offenses is extremely important, since in practice, the problem of the mechanism for bringing them to administrative responsibility will finally be resolved. In addition, we propose to amend the Law of Ukraine “On Education” using the concept of bullying formulated above. In our opinion, it is important that the definition of the term “bullying” is not contained in a by-law of the Ministry of Education and Science, but in a special educational law.
prevention and counteraction to bullying
The content and specifics of the principle of guarantee in social security law
Problem setting. The principle of guarantee is a very important principle of the field of social security law, an integral element of the entire system of its principles, a logical continuation of the legal requirements of all other principles, their addition. It is thanks to the action of this principle that social security law acquires the attributes of reality, can be considered as a full-fledged regulator of social security relations. After all, the principle of guarantee contains its own set of elements, means, conditions that allow to embody abstract regulatory and legal provisions, declared social security rights into the reality of social relations. Guarantee is an imperative, the most generalized legal requirement that gives the field of social security law signs of enhanced protection by the state, such properties that allow to assert that social values, benefits that are the subject of social security legal relations, constitute significant legal and state significance. Analyses of recent researches and publications. The principles of social security law in general, and the principle of guarantee in the field of social security in particular, were studied by such scientists as O. O. Bogdanova, K. V. Borychenko, T. Z. Garasymiv, K. V. Hnatenko, O. O. Duma, S. V. Kudlayenko, O. L. Kuchma, M. I. Inshyn, O. V. Moskalenko, I. Yu. Khomych, T. Yu. Khrenova, O. G. Chutcheva, O. M. Yaroshenko, and others. Article’s main body to investigate the content and specifics of the principle of guarantee in social security law Conclusions and prospects for the development. It is concluded that the social security legislation of Ukraine enshrines an overly narrow concept of understanding guarantees of social rights, there is a lack of a more comprehensive approach to clarifying the construction of the entire system of social security guarantees, determining the place of each of them, as well as proper regulation of its specifics. It is noted that when determining the content of guarantees as a category of social security, it is worth first of all realizing that this is a category that is closely related to the implementation of the subjective right to social security. Since guarantees in the field of social security are, first of all, guarantees of the implementation of the right to social security, its protection and defense. Guaranteed social security is defined as the state of effective functioning of the system of social security guarantees, as well as a positive subjective assessment by a specific person or society as a whole of the level of effectiveness of those means, methods and techniques that are designed to ensure the implementation of the subjective right to social security. And the principle of guaranteed social security law is a principle that defines the requirement for the mandatory establishment in the state of a system of interrelated objective and subjective factors, the content of which is made up of conditions, means, methods, techniques that, in their interaction, ensure the high-quality and full implementation of the human right to social security, if necessary its protection and defense. It is noted that despite the fact that a number of regulatory legal acts regulating social security relations enshrine the provision that «the provision of social security (of its appropriate type) is guaranteed by the state», none of them enshrines an exhaustive understanding of the system of those means and conditions by means of which such guaranteeing takes place.
Responsible debt policy and the financial security of the state
Legal aspects of naturalization of Ukrainian scientists in EU member states
The article examines the legal aspects of the naturalization of Ukrainian scientists in the European Union member states following the beginning of the armed aggression of the Russian Federation against Ukraine in 2022. It analyzes the scale of scientific migration, the dynamics of researchers’ relocation, and the formation of the Ukrainian scientific diaspora in the EU. Special attention is paid to the legal status of Ukrainian scholars abroad, the functioning of the temporary protection mechanism, and its impact on the citizenship acquisition process. The paper defines the essence and legal nature of naturalization in European law, outlines the procedural aspects of citizenship acquisition by scientists, compares naturalization conditions across several EU states (in particular Germany, France, Poland, and Portugal), and highlights the specific features of the legal position of individuals who have undergone naturalization. The legal consequences of naturalization for Ukrainian scientists are examined, including the loss of Ukrainian citizenship, changes in tax and social status, expansion of academic rights within EU citizenship, and the formation of a new model of a mobile European researcher of Ukrainian origin. It is emphasized that, for Ukraine, the naturalization of scientists abroad represents a serious challenge associated with the outflow of intellectual capital, the weakening of the national scientific system, and the threat of losing human potential. The conclusions justify the need for the development of a state policy to support the Ukrainian scientific diaspora, create legal mechanisms for maintaining the connection between naturalized scholars and Ukraine, and gradually revise the concept of citizenship in view of modern academic and migration realities. Problem Setting. After 2022, the full-scale Russian invasion of Ukraine caused a large-scale displacement of Ukrainian citizens, including a significant number of scientists and researchers. The issue of their legal status, integration, and naturalization within the European Union has become a pressing problem for both Ukrainian and European legal and academic systems. Understanding the mechanisms, conditions, and legal consequences of naturalization for Ukrainian scholars abroad is crucial for maintaining intellectual continuity and shaping Ukraine’s postwar scientific and human capital policy. Analysis of Recent Researches and Publications. Among Ukrainian scholars who have studied the relevant issues, attention should be drawn to the works of V. Semynozhenko, L. Lytvynenko, O. Zelinskyi, O. Podrez-Riapolova, S. Hlibko, O. Bieliaieva, A. Liubchych, and others, which analyze the issues of state policy in the field of science, international academic mobility, and the legal regulation of the status of scientists. Their studies emphasize the necessity of creating conditions for preserving Ukraine’s intellectual potential, developing an effective system to support Ukrainian scientists abroad, and ensuring gradual integration into the European Research Area. Among foreign publications, notable are the studies focusing on the EU’s policy toward highly qualified migration – particularly research conducted under the auspices of the European Migration Network, OECD, and MSCA4Ukraine, as well as analytical reports from Horizon Europe and Erasmus+ programs, which outline trends in professional adaptation and naturalization of foreign scientists. These studies approach naturalization not only as a legal process but as one of the key instruments for attracting intellectual capital and ensuring the sustainable development of Europe’s scientific systems. Target of Research.The purpose of this article is to analyze the legal aspects of the naturalization of Ukrainian scientists in EU member states, determine the peculiarities of their legal status after 2022, examine the conditions and consequences of citizenship acquisition, and outline the problems and risks faced by Ukraine due to the outflow of scientific potential. Article’s Main Body. The full-scale invasion of Ukraine by the Russian Federation in 2022 triggered one of the largest waves of forced migration of scientists in Europe’s recent history. The temporary protection mechanism introduced by the European Union under Council Directive 2001/55/EC provided Ukrainian citizens, including researchers, with the right to reside and work in EU member states. For Ukrainian scientists, this framework ensured continuity of academic activity and access to European research infrastructure. However, the temporary nature of this protection created legal uncertainty. It does not automatically lead to permanent residence or citizenship, and the period of stay under temporary protection is not always counted toward the residency term required for naturalization. Some EU states – notably Germany and Portugal – have introduced exceptions allowing this period to be recognized as part of continuous legal residence if the individual remains professionally active and maintains legal status. Naturalization procedures for scientists differ among EU member states. In most countries, a general requirement of five years of legal residence applies. Nevertheless, special provisions exist for individuals who have made significant contributions to science, education, or culture. For instance, Germany’s Staatsangehörigkeitsgesetz allows a reduction of the required residency period to three years for distinguished researchers, while France’s Code civil enables “naturalization in the national interest” (intérêt exceptionnel) for persons who have made exceptional scientific or cultural contributions. Similarly, Poland, Portugal, and the Czech Republic provide preferential conditions for academics whose activities benefit national research and innovation development. In addition to residence duration, applicants must demonstrate financial independence, integration into the host society, and language proficiency. For scientists, proof of stable income typically includes employment contracts with universities or research institutes, or participation in international grant programs such as Marie Skłodowska-Curie Actions (MSCA), Erasmus+, and Horizon Europe. Many EU states acknowledge these research grants as legitimate and stable sources of income, aligning with naturalization requirements. Therefore, naturalization functions both as a legal pathway to full integration in the European academic space and as a potential source of intellectual capital loss for Ukraine. The formation of a stable Ukrainian scientific diaspora in the EU brings long-term benefits for international cooperation but simultaneously challenges Ukraine’s ability to restore its research and innovation capacity in the postwar period. Conclusions and Prospects for the Development. Naturalization of Ukrainian scientists in EU countries represents a complex socio-legal phenomenon combining migration, academic integration, and citizenship policy dimensions. While the European legal framework provides flexible mechanisms that facilitate naturalization for highly qualified professionals, these processes simultaneously contribute to the structural weakening of Ukraine’s domestic scientific system. To mitigate negative consequences, Ukraine should develop a coherent state policy aimed at maintaining institutional and professional ties with naturalized scholars abroad. This may include the creation of a legal mechanism for dual academic affiliation, the establishment of national programs for scientific cooperation with the Ukrainian diaspora, and participation in joint EU-funded research networks. Future development should also involve the modernization of Ukrainian citizenship legislation, allowing for conditional dual citizenship for scientists and researchers engaged in international projects of national importance. Such a step would harmonize Ukrainian law with European integration standards and help preserve the intellectual bridge between Ukraine and the EU.