Bulletin of criminological association of Ukraine
https://vca.univd.edu.ua/index.php/vca
<p><em>Збірник наукових праць «Вісник Кримінологічної асоціації України» входить до переліку наукових фахових видань України (юридичні науки, спеціальності – 081, 262), в яких можуть публікуватися результати дисертаційних робіт на здобуття наукових ступенів доатора наук, кандидата наук та ступені доктора філософії, категорії «Б» (наказ Міністерства освіти і науки України від 20.06.2023 р. № 768).</em></p>uk-UA[email protected] (Yurii Orlov)[email protected] (Olexandr)Thu, 29 May 2025 00:00:00 +0300OJS 3.3.0.7http://blogs.law.harvard.edu/tech/rss60NATIONAL SANCTION MECHANISMS IN THE SYSTEM OF COMBATING ILLEGAL ASSETS TRAFFICKING: A CRIMINAL ANALYSIS
https://vca.univd.edu.ua/index.php/vca/article/view/434
<p>The article is devoted to the criminological study of the national dimension <br>of sanction mechanisms in combating criminal asset trafficking. It is proposed to <br>understand sanctions as an independent interdisciplinary legal institution that <br>regulates relations in the sphere of implementing the national model of bringing <br>to justice internationally unlawful acts of subjects of international public law and <br>persons affiliated with them, as well as preventing or terminating the use of assets <br>to commit criminal offenses against the national and public security of Ukraine, <br>peace, security of humanity and international law. It is substantiated that the <br>existing legal regulation of the application of sanctions in Ukraine is characterized <br>by a high criminogenic potential, contains prerequisites for abuse of law due to <br>the lack of control mechanisms for making decisions on the application of <br>sanctions, the absence of legal guarantees for the protection of rights, freedoms <br>and legitimate interests for citizens of Ukraine, to whom sanctions are applied. <br>Proposals are formulated to improve the Law of Ukraine «About Sanctions».</p>Y.V. SHVETS
Copyright (c) 2025 Ю.В. ШВЕЦЬ
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https://vca.univd.edu.ua/index.php/vca/article/view/434Thu, 29 May 2025 00:00:00 +0300SPECIFIC PROBLEMS OF QUALIFICATION OF WAR CRIMES CAUSING DAMAGE TO PROPERTY
https://vca.univd.edu.ua/index.php/vca/article/view/435
<p>The article is devoted to the study of the problems of qualification of war <br>crimes that cause damage to property. It is established that the qualification of <br>seizure by a combatant of property belonging to the opposing parties is <br>influenced by two key features: 1) the legal status of the property, type of <br>ownership; 2) the purpose of seizure of such property. Such seizure of property of <br>the opposing party, which becomes the state (state property of the opposing <br>party) and is intended to use it for military purposes, is recognized as lawful. In <br>other cases, a war crime will occur, provided for in Part 1 of Article 1 of Article <br>438 of the Criminal Code of Ukraine. The characteristic of the corresponding <br>segment of the international legal conventual framework, to which the disposition <br>of Part 1 of the specified article refers, is given. The features of the qualification of <br>seizure by a combatant of property belonging to his own army, as well as unlawful <br>actions with the property of civilians committed in the context of an armed <br>conflict, are clarified. Criteria have been developed for distinguishing lawful <br>damage or destruction of property in the context of an armed conflict (collateral <br>damage) from unlawful, war crime.</p>Y.V. ORLOV
Copyright (c) 2025 Ю.В. ОРЛОВ
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https://vca.univd.edu.ua/index.php/vca/article/view/435Thu, 29 May 2025 00:00:00 +0300THEORETICAL AND LEGAL MODEL OF CRIMINALIZATION OF SOCIALLY DANGEROUS ACTS RELATED TO THE CONDUCT OF ECONOMIC OR OTHER ACTIVITIES IN TERRITORIES THAT ARE ASSIGNED TO THE CATEGORY OF DANGEROUS OR POTENTIALLY DANGEROUS
https://vca.univd.edu.ua/index.php/vca/article/view/436
<p>The article is devoted to the analysis of the legal regulation of mine action in <br>Ukraine and the search for ways to improve the efficiency of mine action and <br>protect citizens from the dangerous effects of the consequences of war by means <br>of criminal legislation of Ukraine. Based on the results of the systemic legal <br>analysis of the legal regulation of mine action in Ukraine, the author proposes to <br>introduce criminal liability for conducting economic or other activities in the <br>territories classified as dangerous or potentially dangerous. The author also <br>emphasises the expediency of providing at the legislative level for the possibility <br>of a subsidiary criminal law response to the involvement of legal entities as <br>economic and other entities in violations of the requirements of legislation related <br>to the conduct of economic or other activities in the territories classified as <br>dangerous or potentially dangerous, the essence of which would be to apply to the <br>involved legal entities the criminal law measures provided for in Section XIV-I of <br>the General Part of the Criminal Code of Ukraine.</p>Y.V. ORLOV, A.M. YASHCHENKO, S.S. TERESHCHUK
Copyright (c) 2025 Ю.В. ОРЛОВ, А.М. ЯЩЕНКО, С.С. ТЕРЕЩУК
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https://vca.univd.edu.ua/index.php/vca/article/view/436Thu, 29 May 2025 00:00:00 +0300CRIMINAL LAW PROTECTION OF MEDIA ACTIVITIES
https://vca.univd.edu.ua/index.php/vca/article/view/437
<p>The article is devoted to identifying contradictory provisions in the current <br>criminal liability law contained in the norms aimed at protecting mass media <br>activities and developing proposals for improving these legal provisions and law <br>enforcement practices. <br>It has been established that the amendments to the Criminal Code of <br>Ukraine introduced by the Law of Ukraine dated May 14, 2015, No. 421-VIII, in <br>several provisions do not comply with the principles of criminalizing socially <br>dangerous acts, thereby creating contradictions in the current criminal legislation. <br>In particular, the principle of systemic legal consistency is violated by the <br>fact that the new Articles 345-1, 347-1, 348-1, and 349-1 of the Criminal Code are <br>placed in Section XV of the Special Part of the Criminal Code, while the provisions <br>on obstructing the lawful professional activities of journalists (Article 171 of the <br>Criminal Code) remain in Section V of the Special Part. It would be more <br>appropriate to exclude Article 171 from the Code and incorporate its provisions <br>into a new Article 343-1 of the Criminal Code. <br>Furthermore, the principle of systemic legal consistency and the principle of <br>proportionality of prohibitions are not upheld, as the special provision on the <br>attempted murder of a journalist (Article 348-1 of the Criminal Code) prescribes a <br>less severe penalty than the corresponding general provision (paragraph 8 of Part <br>2 of Article 115 of the Criminal Code). To address this, it is proposed that the <br>penalty under the general provision should be less severe than that under the <br>special provision. Additionally, certain inconsistencies between general (Articles <br>121, 122 of the Criminal Code) and special (Parts 2 and 3 of Article 345-1 of the <br>Criminal Code) norms have been identified in cases involving the imposition of <br>penalties for inflicting moderate or severe bodily harm under aggravating <br>circumstances. Therefore, it is proposed to supplement paragraph 12, <br>subparagraph 3, of the Resolution of the Plenum of the Supreme Court of Ukraine <br>dated June 4, 2010, No. 7 with the following text: if a special provision does not <br>include the aggravating circumstances specified in the general provision, resulting <br>in the general provision prescribing a more severe punishment than the special <br>provision, the offender's actions should be additionally qualified under the <br>general provision. The principles of systemic legal consistency, completeness, clarity, and <br>uniformity of terminology are also violated in cases where provisions addressing <br>liability for offenses against both the victim and related persons use different <br>terminology for the latter in various articles—such as "close relatives", "close <br>relatives or family members", and "close persons." Therefore, it is proposed that <br>all such provisions of the law use a single universal term: "close persons."</p>M.L. PAHNIN, V.P. YEMELIANOV
Copyright (c) 2025 М.Л. ПАХНІН, В.П. ЄМЕЛЬЯНОВ
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https://vca.univd.edu.ua/index.php/vca/article/view/437Thu, 29 May 2025 00:00:00 +0300PENALTIES AND OTHER CRIMINAL LAW MEASURES FOR CORRUPTION- RELATED CRIMES COMMITTED BY AN OFFICIAL OF A PUBLIC LAW LEGAL ENTITY
https://vca.univd.edu.ua/index.php/vca/article/view/438
<p>The article gives an analysis of penalties and other criminal law measures <br>provided for in the Criminal Code of Ukraine for corruption-related crimes <br>committed by an official of a public law legal entity (Articles 364, 368, 368-5, 369 <br>of the Criminal Code of Ukraine). It also focuses on identifying shortcomings in <br>their legislative definition, as well as highlighting the peculiarities of the <br>application of some of them. <br>The author notes that the legislative definition of penalties in the sanctions <br>of certain articles of the Special Part of the Criminal Code of Ukraine cannot but <br>raise concerns from the perspective of the rules established by criminal law <br>doctrine for the construction of criminal law sanctions. The author emphasizes <br>that the negative legal consequences of committing certain corruption-related <br>crimes in the sphere of official activity, in addition to punishment, are also <br>manifested in other measures of criminal law, which can be applied both to <br>individuals and legal entities.</p>A.V. RAVLIUK
Copyright (c) 2025 А.В. РАВЛЮК
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https://vca.univd.edu.ua/index.php/vca/article/view/438Thu, 29 May 2025 00:00:00 +0300APPLICABLE ASPECTS OF THE APPLICATION OF ARTICLE 407 OF THE CRIMINAL CODE OF UKRAINE (UNAUTHORIZED LEAVING OF A MILITARY UNIT OR PLACE OF SERVICE)
https://vca.univd.edu.ua/index.php/vca/article/view/439
<p>The article is devoted to the peculiarities of the applied application of the <br>criminal offense provided for in Art. 407 of the Criminal Code of Ukraine <br>“Unauthorized abandonment of a military unit or place of service”. The issues ofestablishing the subject composition of unauthorized abandonment of a military <br>unit or place of service are determined. The inconsistency of the subject of the <br>offense under consideration with the provisions of the sectoral law “On military <br>duty and military service” is revealed. It is proposed to bring this criminal law <br>institution into line. The regulatory and legal framework on the basis of which the <br>object of the criminal offense provided for in Art. 407 of the Criminal Code of <br>Ukraine is formed is analyzed. The essence of military service as an activity of <br>military personnel related to ensuring the defense of Ukraine, its independence <br>and territorial integrity is analyzed. Based on the analysis of regulatory legal acts, <br>it was determined that military service is established in order to prepare citizens <br>of Ukraine to defend the Fatherland, to provide personnel for the Armed Forces of <br>Ukraine, other military formations established in accordance with the laws of <br>Ukraine, as well as special-purpose law enforcement agencies, the positions of <br>which are staffed by military personnel. It was determined that the objective side <br>of the unauthorized abandonment of a military unit or place of service was <br>constructed by the legislator as a formal component of the offense, which obliges <br>the investigator to focus on a socially dangerous act (action or inaction). A <br>distinction was made between the subjective side of the unauthorized <br>abandonment of a military unit or place of service and desertion. A range of <br>negative factors that constitute the causes of the emergence and existence of such <br>a phenomenon as the unauthorized abandonment of a military unit or place of <br>service and desertion was outlined.</p>A.M. SHULHA, O.D. MINENKOV
Copyright (c) 2025 А.М. ШУЛЬГА, О.Д. МІНЕНКОВ
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https://vca.univd.edu.ua/index.php/vca/article/view/439Thu, 29 May 2025 00:00:00 +0300CRIMINAL ANALYSIS OF THE STATE OF HUMAN TRAFFICKING IN UKRAINE
https://vca.univd.edu.ua/index.php/vca/article/view/440
<p>The article is devoted to the criminological analysis of human trafficking in <br>Ukraine. The values of the dynamics of reproduction of human trafficking for <br>2015–2024 allow us to identify sinusoidal fluctuations with an interval of 1 year. <br>The only exception is the period 2015–2017, in which the level has been <br>increasing for two years (2016 and 2017). The remaining years of the dynamics <br>series alternately demonstrate an increase and decrease in the level without a <br>general pronounced trend. The average value of the series is 198 crimes. The <br>criminal-law structure of human trafficking indicates the severity of this crime, <br>the highly dangerous nature of criminal practices. Directly in the structure of <br>criminal offenses provided for in Art. 149 of the Criminal Code of Ukraine, those <br>prevail, the features of the composition of which are fixed in Part 2 of this article. <br>At the same time, it is worth emphasizing the dynamic changes in the structure, <br>which, although they do not show a stable trend, are less evident in the episodic <br>increase in the share of especially qualified elements in the structure of criminal <br>offenses provided for in Article 149 of the Criminal Code of Ukraine, which is <br>almost never recorded on a significant scale by the indicator of the main element <br>of the crime. A relatively high share of group criminal activity in the structure of <br>human trafficking is recorded.</p>V.I. BONDARENKO
Copyright (c) 2025 В.І. БОНДАРЕНКО
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https://vca.univd.edu.ua/index.php/vca/article/view/440Thu, 29 May 2025 00:00:00 +0300CRIMINOLOGY ANALYSIS OF CERTAIN MODERN DETERMINANTS OF TRANSNATIONAL ORGANIZED CRIME
https://vca.univd.edu.ua/index.php/vca/article/view/441
<p>The article is devoted to the determinants of transnational organized crime. <br>The main types of criminogenic factors contributing to the emergence and activity <br>of transnational organized criminal groups are considered. The author analyzes <br>them and provides a brief description of the main types of determinants of <br>criminal activity in terms of its content, such as: economic factors, political factors, <br>social factors, technological factors, geographical and demographic factors.</p>O.S. HORASH, K.O. CHEREVKO
Copyright (c) 2025 О.С. ГОРАШ, К.О. ЧЕРЕВКО
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https://vca.univd.edu.ua/index.php/vca/article/view/441Thu, 29 May 2025 00:00:00 +0300COLLABORATIONISM: FEATURES OF DETERMINATION AND CONCEPTUAL PRINCIPLES OF COUNTERACTION
https://vca.univd.edu.ua/index.php/vca/article/view/442
<p>The article is devoted to the study of the determination of collaborationism <br>in the context of the Russian-Ukrainian war. Motivational types of <br>collaborationism are determined. An explanatory model of the frontier nature of <br>Ukrainian society is developed. The main components of frontiers are described, <br>the meaning of frontier crime is explained, which also includes criminal <br>collaborationism. Key ideological elements of the strategy of defrontirization of <br>Ukrainian society are proposed, which involves aggressive socio-cultural <br>interiorization in the humanitarian sphere, a change in mental and praxeological <br>attitudes.</p>O.M. LYTVYNOV, Y.V. ORLOV
Copyright (c) 2025 О.М. ЛИТВИНОВ, Ю.В. ОРЛОВ
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https://vca.univd.edu.ua/index.php/vca/article/view/442Thu, 29 May 2025 00:00:00 +0300MEASURES TO COMBAT CRIME IN WARTIME: AN EVOLUTIONARY STAGE OR A TEMPORAL PHENOMENON?
https://vca.univd.edu.ua/index.php/vca/article/view/444
<p>This article analyzes the issues of crime during wartime and explores the <br>role of counteractive measures within the context of civilizational development. <br>The author examines how war affects the social, economic, political, and security <br>aspects of a country, with a particular focus on the rising levels of violence and the <br>breakdown of law and order in times of conflict. The article highlights that the <br>consequences of war, similar to the crime itself, can alter social structures, shift <br>interactions between states and citizens, and give rise to new forms of criminal <br>activity, including war crimes, looting, terrorism, human trafficking, and <br>violations of human rights. Additionally, the author discusses the historical progression of crime alongside the ongoing existence of wars since ancient times. <br>It is argued that historical experiences and examples can inform the development <br>of measures to combat crime during wartime, especially considering current <br>challenges. The author presents arguments supporting the view that measures to <br>counteract crime in wartime represent both an evolutionary stage in humanity's <br>civilizational development and a temporal phenomenon tied to specific events <br>with time constraints. </p>I.H. LUTSENKO
Copyright (c) 2025 І.Г. ЛУЦЕНКО
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https://vca.univd.edu.ua/index.php/vca/article/view/444Thu, 29 May 2025 00:00:00 +0300CRIMINOLOGY CHARACTERISTICS OF SOME QUANTITATIVE INDICATORS OF THE CURRENT STATE OF CRIME IN THE ENVIRONMENTAL SPHERE
https://vca.univd.edu.ua/index.php/vca/article/view/445
<p>In Ukraine, a significant number of criminal offenses of an environmental <br>nature are registered annually. Based on the research conducted, the author <br>concludes that the average annual rate of registration of criminal offenses under <br>Articles 236-254 of the Criminal Code of Ukraine is 2967 (analysis of statistical <br>data from 2002 to 2024). In addition, a certain part of criminal offenses in the <br>environmental sphere is registered under articles that are not included in Section <br>VIII of the Special Part of the Criminal Code of Ukraine. Pre-trial investigation in <br>such criminal proceedings is carried out by security agencies and units of the <br>State Bureau of Investigation, and this, accordingly, affects the official statistics of <br>registered criminal offenses against the environment. <br>The publication, using the statistical research method, based on the analysis <br>of data on registered criminal offenses against the environment and the study of <br>absolute, average and relative values, analyzes their number, average value, <br>specific weight, crime intensity coefficient, dynamics of the crime level, basic and <br>chain growth rates, absolute growth and trends. The specified information is <br>presented, including in the form of a table and a diagram. <br>Based on a systematic analysis of the array of recorded criminal offenses <br>over the past 23 years, a trend towards a significant increase in the number of <br>criminal offenses against the environment and their specific weight has been <br>proven. Analysis of crime dynamics using basic and chain methods indicates a <br>steady increase in these offenses, which is confirmed by a positive average <br>absolute growth. In addition, the indicator of crime intensity in the field of <br>environmental protection demonstrates a steady growth trend. <br>It has been established that the analyzed type of crime in Ukraine is one of <br>the most complex and poses a threat not only to the environment, but also to the <br>health and well-being of the population. <br>Intensive use of natural resources, insufficient environmental control, <br>corruption in law enforcement and environmental protection agencies, and a low <br>level of environmental awareness of the population contribute to the spread of <br>these criminal offenses. The study of this phenomenon requires criminological <br>analysis, which includes: conducting a systematic study of the indicators and level <br>of environmental crime in Ukraine; studying statistical data used for a systematic, methodical analysis of the state and dynamics of the analyzed crime; establishing <br>the rates of its growth or decline; establishing the percentage ratio of recorded <br>criminal offenses against the environment to the total number of all recorded <br>criminal offenses, etc. </p>S.I. MARKO
Copyright (c) 2025 С.І. МАРКО
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https://vca.univd.edu.ua/index.php/vca/article/view/445Thu, 29 May 2025 00:00:00 +0300CRIMINAL ANALYSIS OF THE STATE OF HATE OFFENSES: QUANTITATIVE INDICATORS
https://vca.univd.edu.ua/index.php/vca/article/view/446
<p>The article is devoted to the criminological analysis of the state of hate <br>crimes by quantitative indicators. It has been established that the trends in the <br>spread of hate crimes in Ukraine are clearly unfavorable. A general trend towards <br>an increase in the level of relevant criminal offenses in all categories is recorded, <br>especially since 2022, after the full-scale aggression of the Russian Federation. <br>Against the background of a reduction in the territory of statistical accounting, <br>intensive migration processes, and partial depopulation, the growth rates of hate <br>crimes are determined by extremely high indicators. There is a change in the <br>nature of their commission towards openness, obviousness, and cynicism. The <br>problem of latency of this type of criminal activity is acute. Genocide, crimes <br>against humanity, a number of war crimes should also be attributed to hate <br>crimes, but to a special category of them, politically motivated, military-<br>contextual, which requires a separate study.</p>O.E. MARCHENKO
Copyright (c) 2025 О.Е. МАРЧЕНКО
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https://vca.univd.edu.ua/index.php/vca/article/view/446Thu, 29 May 2025 00:00:00 +0300CRIMINAL SEPARATISM: QUANTITATIVE INDICATORS OF CRIME
https://vca.univd.edu.ua/index.php/vca/article/view/447
<p>The scientific article is devoted to the analysis of quantitative indicators of <br>criminal separatism. It is emphasized that the level of criminal separatism is <br>considered through the prism of the analysis of the level of crimes, the level of <br>criminals and the level of convictions. At the same time, for a more effective <br>analysis, the level of crime should be analyzed using crime coefficients. It is noted <br>that one of the main quantitative indicators of crime is the dynamics of crime. At <br>the same time, the main indicators of the dynamics of crime are the following: <br>absolute growth (decrease), growth rate (decrease) and growth rate (decrease). <br>In conclusion, it is emphasized that quantitative indicators of crime make it <br>possible to formulate a criminological view of criminal separatism from the point <br>of view of quantitative measurement.</p>P.V. SEDYKH
Copyright (c) 2025 П.В. СЄДИХ
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https://vca.univd.edu.ua/index.php/vca/article/view/447Thu, 29 May 2025 00:00:00 +0300TYPOLOGY OF INDIVIDUALS COMMITTING WAR AND WAR-RELATED CRIMES IN THE FIELD OF RADIOECOLOGICAL SAFETY
https://vca.univd.edu.ua/index.php/vca/article/view/448
<p>This article proposes a typology of individuals who commit war and war-<br>related crimes in the field of radioecological safety, based on general theoretical <br>knowledge of the criminal personality and empirical data. With regard to the war-<br>contextual type, which is characterized by criminal activities in the context of an <br>armed conflict, the author presents a typology based on social-role characteristics <br>and motivation within the framework of an armed conflict. The following types <br>and subtypes of war criminals are identified and described: ordinary combatant; <br>military commander; military-political leader (supreme leader, corporate leader); <br>aggressor-terrorist; sacrificial defender; corporate conformist; political <br>conformist; cowardly subtype. In addition to the types described, other <br>categories may be developed: either equivalent types or subtypes that further <br>detail the characteristics of criminal individuals and deepen the understanding of <br>their behavioral logic. This, in turn, will contribute to the development of effective measures for preventing and countering crime in the field of radioecological <br>safety. For crime prevention purposes, including criminological profiling, a cross-<br>typological approach may be useful, allowing for the identification of certain <br>integrative and combined types. </p>А.А. TERNAVSKA
Copyright (c) 2025 А.А. ТЕРНАВСЬКА
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https://vca.univd.edu.ua/index.php/vca/article/view/448Thu, 29 May 2025 00:00:00 +0300PECULIARITIES OF THE CRIMINOLOGICAL ANALYSIS OF CRIME WITHIN THE CONTEXT OF ARMED AGGRESSION OF THE RUSSIAN FEDERATION AGAINST UKRAINE
https://vca.univd.edu.ua/index.php/vca/article/view/450
<p>The article provides criminological analysis of crime in Ukraine during <br>2014-2024 based on certain types of criminal offences committed within the <br>context of armed aggression of the Russian Federation against Ukraine. It <br>identifies challenges faced by domestic judicial and law enforcement systems due <br>to complexity of legal evaluation of aggression and their impact on law <br>enforcement practice. The work ascertains the lack of unified approach to legal <br>evaluation of criminal offences committed within the context of armed aggression <br>of the Russian Federation against Ukraine, analyses changes in the approach to <br>their qualification and incremental rapprochement of the domestic law <br>enforcement practice to legal practice of international and foreign judicial <br>authorities. The article proposes implementing new criteria for recording of <br>criminal offences in order to enhance criminological analysis of crime and <br>elaborate efficient system of crime counteraction in conditions of hybrid war.</p>K.V. YURTAYEVA
Copyright (c) 2025 К.В. ЮРТАЄВА
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https://vca.univd.edu.ua/index.php/vca/article/view/450Thu, 29 May 2025 00:00:00 +0300FORENSIC EXPERTISE IN PROVING DOMESTIC VIOLENCE
https://vca.univd.edu.ua/index.php/vca/article/view/451
<p>The article substantiates that domestic violence can serve as a trigger for <br>the commission of more serious criminal offenses. In addition to the direct <br>qualification under Art. 126-1 of the Criminal Code of Ukraine, it often precedes <br>the commission of crimes related to physical violence, kidnapping, intentional <br>murder, incitement to suicide, sexual crimes and even criminal offenses against <br>property. Therefore, in their proof, procedural forms of using special knowledge <br>play an important role, among which forensic examinations occupy a priority place. Based on the generalization of theoretical provisions and the generalization <br>of empirical data, it was found that the most common among them are: <br>examination of weapons, traces and circumstances of their use, examination of <br>handprints (dactyloscopic), explosives examination, examination of petroleum <br>products and fuels and lubricants, some types of biological examinations. The <br>expediency of assigning the outlined types of forensic examinations is primarily <br>justified by the type of tasks that are entrusted to the expert, the peculiarities of <br>the investigative situation and the mechanism of criminal and illegal activity. It is <br>substantiated that the assignment of the outlined types of examinations should be <br>timely, because the materials and traces sent for examination by experts may be <br>influenced by a number of external factors (environment), and therefore, <br>postponing their assignment is inappropriate. The prospects for further scientific <br>research in the context of the scientific development of the researched issues are <br>outlined. </p>V.O. HUSIEVA, A.O. SALNIKOVA
Copyright (c) 2025 В.О. ГУСЄВА, А.О. САЛЬНІКОВА
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https://vca.univd.edu.ua/index.php/vca/article/view/451Thu, 29 May 2025 00:00:00 +0300PECIFIC APPROACHES TO DEFINING THE MODERN PORTRAIT OF A PROFESSIONAL CYBERFRAUD
https://vca.univd.edu.ua/index.php/vca/article/view/452
<p>Based on the analysis of the works of domestic and foreign scientists <br>dedicated to the criminological, forensic, and socio-psychological characteristics <br>of individuals who have committed cyber fraud, the article proposes to determine <br>the typologies of the modern portrait of a professional cyber fraudster according <br>to the type of fraud committed through illegal operations using computer <br>technology that allows to secure the life activities of individuals, citizens, local <br>government institutions, state authorities, and the global society from criminal <br>violations in cyberspace. <br>The proposed features of the modern profile of a professional cyber <br>fraudster serve as a basis for improving the methodology of investigating criminal <br>offenses in the studied category, determining the tactics of investigative (search) <br>and covert investigative (search) actions, applying operational and investigative <br>capabilities, including the use of confidential cooperation during the operational <br>support of criminal proceedings, organizing measures to counter and prevent <br>fraud committed through illegal operations using electronic computing <br>technology.</p>O.O. DEREVIAHIN, D.V. PASHNIEV, A.O. NOVYTSKYI
Copyright (c) 2025 О.О. ДЕРЕВЯГІН, Д.В. ПАШНЄВ, А.О. НОВИЦЬКИЙ
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https://vca.univd.edu.ua/index.php/vca/article/view/452Thu, 29 May 2025 00:00:00 +0300GENESIS OF SCIENTIFIC THOUGHT REGARDING MEANS OF EVIDENCE IN CRIMINAL PROCEEDINGS
https://vca.univd.edu.ua/index.php/vca/article/view/453
<p>It has been emphasized that it is impossible to imagine criminal proceedings outside the process of proof and vice versa, because the indicated <br>types of activity are interconnected. It has been emphasized that the criminal <br>process is dynamic, undergoes changes taking into account the development of <br>society, the legal system, etc., and therefore individual elements (institutions) of <br>criminal procedural law evolve, which is reflected in scientific theories. It has <br>been found that the formation and development of scientific thought about the <br>essence, content and significance of means of proof in criminal proceedings was <br>carried out under the influence of many factors and directly depend on the <br>established approaches not only in the science of criminal procedure, but also in <br>evidentiary law. It has been emphasized that the direct influence on the genesis of <br>scientific thought about means of proof in criminal proceedings is exerted by the <br>constant updating of criminal procedural legislation taking into account social <br>needs, for example, against the background of the development of a democratic <br>and legal state, the implementation of international legal standards in the <br>domestic criminal process, the adaptation of the procedure for conducting <br>criminal proceedings to the conditions of martial law, etc. It has been established <br>that the genesis of scientific thought about means of proof in criminal proceedings <br>is relevant to the formation and development of scientific approaches to the <br>definition of the theory of evidence and criminal procedural proof. It has been <br>stated that the formation of scientific thought about means of proof in criminal <br>proceedings falls on the first half of the twentieth century, when means of proof <br>were considered through the prism of the characteristics of the subject of the <br>theory of evidence and the process of proof. It has been noted that the <br>development of the scientific idea about means of proof in criminal proceedings <br>correlates with the historical periods of the development of the criminal process <br>in general and the doctrine of evidence and proof in criminal proceedings in <br>particular. It has been established that with changes in scientific approaches to <br>the definition of evidence in criminal proceedings, scientific positions on the <br>interpretation of means of evidence have also changed: from recognizing evidence <br>as the only means of proof to including it in the system of means of proof along <br>with evidence of procedural actions, forensic means of collecting evidence, logical <br>techniques, etc. </p>V.V. KIKINCHUK
Copyright (c) 2025 В.В. КІКІНЧУК
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https://vca.univd.edu.ua/index.php/vca/article/view/453Thu, 29 May 2025 00:00:00 +0300CONTENT OF THE CRIMINAL CHARACTERISTICS OF CRIMINAL OFFENCES RELATED TO SMUGGLING
https://vca.univd.edu.ua/index.php/vca/article/view/454
<p>The analysis of theoretical approaches, taking into account the features of <br>criminal illegal activity, allowed us to reasonably indicate that the content of the <br>forensic characteristics of criminal offenses related to smuggling must necessarily <br>include information about: 1) the subject of smuggling and its size <br>(volume/quantity), which affects the qualification of the criminal offense; 2) the <br>method of committing smuggling (preparation, direct commission and <br>concealment); 3) the specifics of the situation (in particular, whether the criminal <br>offense was committed outside customs control or with concealment from <br>customs control); 4) the characteristics of the individual criminal, members of <br>criminal groups involved in committing smuggling; 5) traces of criminal illegal <br>activity. Information about these elements becomes a proper basis for building all <br>other elements of the forensic methodology for investigating criminal offenses <br>related to smuggling. We believe that in the future, attention should be paid to <br>specific features that characterize these elements.</p>Y.Y. KOVALІOV
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https://vca.univd.edu.ua/index.php/vca/article/view/454Thu, 29 May 2025 00:00:00 +0300THEORETICAL AND LEGAL PRINCIPLES OF IMPLEMENTING THE RIGHT OF A PERSON TO FREE LEGAL AID
https://vca.univd.edu.ua/index.php/vca/article/view/455
<p>The article substantiates that the right to legal aid is an integral part of the <br>right to a fair trial and an important aspect of access to justice. It plays an important role in ensuring the fairness and effectiveness of the legal system, <br>which is based on the principle of the rule of law, and also contributes to the <br>formation of public trust in the judiciary. According to the Constitution of Ukraine, <br>every person has the state-guaranteed opportunity to freely receive legal aid in <br>the necessary volumes and forms (primary or secondary). This right also includes <br>free legal aid for persons who do not have the financial opportunity to use the <br>services of lawyers on a paid basis. It is determined that the main problems of the <br>functioning of the BPD institute include the following: 1) limited access to services <br>in remote regions; 2) insufficient awareness of the population due to the low level <br>of legal culture; 3) overload of lawyers; 4) insufficient funding; 5) insufficient <br>coordination between state bodies. Thus, despite the fact that modern challenges <br>and the development of digital technologies contribute to expanding the <br>possibilities of receiving primary legal aid remotely, it is important to ensure <br>proper technical and forensic support in all centers, bodies and institutions, to <br>create conditions for the uninterrupted operation of technical equipment and <br>digital technologies, etc. It is emphasized that post-war reconstruction still makes <br>these issues relevant, and therefore it is important to continue studying them. </p>М.М. KOLOMOITSEV
Copyright (c) 2025 М.М. КОЛОМОЙЦЕВ
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https://vca.univd.edu.ua/index.php/vca/article/view/455Thu, 29 May 2025 00:00:00 +0300INTERDISCIPLINARY PARADIGM IN THE IMPLEMENTATION OF SCIENTIFIC RESEARCH AND ACADEMIC TEACHING OF CRIMINAL-EXECUTIVE LAW: SPIRITUAL-VALUE DIMENSION
https://vca.univd.edu.ua/index.php/vca/article/view/456
<p>The article is devoted to the problems of developing individual <br>methodological principles of scientific research in the field of criminal-executive <br>law. We analyzed more than 50 scientific professional articles, as well as individual information resources, in order to build and see the main idea of the <br>sectoral legal evolution. It is proposed to draw the attention of scientists to such <br>researchers of criminal-executive policy and state-church relations in the <br>criminal-executive sphere that require their detailed development within the <br>framework of a separate scientific study, monographs or dissertations. The <br>regulatory and legal component, which is defined in the Strategy for Reforming <br>the Penitentiary System for the Period Until 2026, deserves research attention. <br>It is emphasized that teaching disciplines of the criminal law block, in <br>particular criminology, is unthinkable without criminal executive law. The highest <br>institution of social justice in a civilized society is the court, which makes <br>decisions in criminal proceedings. Often, as a result of its execution, the fate of a <br>person is decided. Due to bitterness, a person may finally decide to follow a <br>criminal path or vice versa - to turn back in order to bring his behavior within the <br>framework of law-abidingness. Always with the help of criminal executive law, it <br>is possible to significantly strengthen the teaching of disciplines of the criminal <br>law block and jurisprudence in general. It will be possible to interest the audience <br>in the tragic fates of people, their mutilated and broken lives or a cardinal change <br>for the better. The functioning of gangs in the world, as well as what and how the <br>criminal world lives in historical retrospect, steadfastness in evil, active activity of <br>"thieves in law" are extremely interesting and important for study, which can give <br>an incentive for real prevention and fight against crime, especially to the <br>young/adventurous/enthusiastic generation of lawyers and law enforcement <br>officers, so that society is healthy, feels safe and comfortable. </p>I.V. KRITSAK, O.O. AVDIEIEV, B.P. LUKIN
Copyright (c) 2025 І.В. КРІЦАК, О.О. АВДЄЄВ, Б.П. ЛУКІН
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https://vca.univd.edu.ua/index.php/vca/article/view/456Thu, 29 May 2025 00:00:00 +0300PROBLEMS AND PROSPECTS OF ASSESSMENT OF THE AGGREGATED SUCCESS OF STIMULATION OF LAW-ABIDING BEHAVIOUR OF PRISONERS
https://vca.univd.edu.ua/index.php/vca/article/view/457
<p>The article is devoted to the theoretical and legal principles, the essence and <br>content of the modern paradigm and the results of critical reflection on the <br>problems of rational content and practical implementation of the currently <br>prevailing concept of assessment, the main criterion of which is prisoner's crime-<br>free life after release, and the key indicator is the post-penitentiary recidivism <br>rate, and highlights in an argumentative manner promising ways of rationally <br>justified, practically expedient and feasible observation, comparative analysis and <br>evaluation of the aggregated success of stimulation of law-abiding behaviour of <br>prisoners at the state, regional and global levels as a basis for the progressive development of penitentiary policy and optimization of legal regulation and <br>practice of execution of criminal sentences, which constitutes the value of new <br>scientific knowledge and benefits for the further progress of criminal justice and <br>jurisprudence. <br>Based on the results of the research, the article presents the author's <br>concept of an integrated assessment of the aggregated success of stimulation of <br>law-abiding behaviour of prisoners, the basis of which is a complex of indicators <br>of the number of re-prisoners, prisoners and persons convicted, and reveals its <br>strengths and prospects. </p>О.М. LIUBARSKYI
Copyright (c) 2025 О.М. ЛЮБАРСЬКИЙ
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https://vca.univd.edu.ua/index.php/vca/article/view/457Thu, 29 May 2025 00:00:00 +0300POLYGRAPH IN FORENSIC: THEORETICAL, LEGAL AND PRACTICAL ASPECTS
https://vca.univd.edu.ua/index.php/vca/article/view/458
<p>The article is devoted to the study of the theoretical foundations of the use <br>of the polygraph in forensics. The role of the polygraph as a tool for obtaining <br>indicative information during the investigation of crimes is considered. The legal <br>aspects of the use of the polygraph are analyzed, in particular, its place in the <br>system of evidence and observance of human rights. The principles of the <br>polygraph are described in detail, including the physiological reactions that are <br>registered and the methods of their interpretation. The article considers the <br>issues of ethics and reliability of the results of polygraph studies.</p>O.P. MAKAROVA, O.S. MATYUSHENKO
Copyright (c) 2025 О.П. МАКАРОВА, О.С. МАТЮШЕНКО
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https://vca.univd.edu.ua/index.php/vca/article/view/458Thu, 29 May 2025 00:00:00 +0300PECULIARITIES OF FORMING A FORENSIC CHARACTERISTIC IN CASE OF CAUSING NEGLIGENT SERIOUS OR MODERATE BODILY HARM
https://vca.univd.edu.ua/index.php/vca/article/view/459
<p>The article is devoted to the theoretical and applied issues of criminalistics <br>with regard to determining the specific features of the conceptual framework and <br>the essence of the forensic characterisation of negligent grievous or moderate <br>bodily harm as a scientific category. The article examines the positions of <br>scientists on the issues of defining the conceptual framework for forensic <br>characterisation of certain types of crimes and develops the author's own <br>definition of causing negligent grievous or moderate bodily harm. The article <br>examines the correlation between the criminalistic characteristics of this type of <br>criminal offence and the peculiarities of legal qualification of this type of crime in <br>comparison with intentional infliction of grievous or moderate bodily harm. <br>Based on the results of this research, the article provides suggestions and <br>recommendations for improving the provisions of Article 128 of the Criminal <br>Code of Ukraine and for highlighting the features of the forensic characteristics of <br>negligent grievous or moderate bodily harm in theoretical and law enforcement <br>terms.</p>K.M. PENZIEVA
Copyright (c) 2025 К.М. ПЕНЗЄВА
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https://vca.univd.edu.ua/index.php/vca/article/view/459Thu, 29 May 2025 00:00:00 +0300METHODS OF INTERFERENCE IN THE ACTIVITIES OF STATE AUTHORITY BODIES
https://vca.univd.edu.ua/index.php/vca/article/view/460
<p>The article determines that the methods of interference in the activities of <br>representatives of state authorities, as a rule, are not fully structured, they are <br>characterized by only two stages: preparation and direct commission. Based on <br>the generalization of the provisions of scientific works and materials of <br>investigative and judicial practice, it is determined that the typical methods of <br>interference in the activities of representatives of state authorities include all <br>those that are associated with interference in their activities by physically <br>obstructing the performance of functional duties. These include: failure to provide <br>physical access to the scene of the incident in order to further perform official <br>duties within the limits provided for by law; expression of ultimatums regarding <br>the failure of an employee of a state authority to perform his functional duties, <br>including with the use of threats or with the threat of not providing the <br>opportunity to receive certain benefits; preventing the seizure of material objects <br>that are private property, but which have been seized on the basis of a court <br>decision and which are subject to further implementation in order to ensure the <br>resolution of the claims that became the basis for the opening of enforcement <br>proceedings, etc. According to the results of the analysis of investigative and <br>judicial practice, it was determined that in the absolute majority of cases, the <br>persons involved do not commit actions to conceal illegal activities.</p>V.Y. POPOV
Copyright (c) 2025 В.Ю. ПОПОВ
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https://vca.univd.edu.ua/index.php/vca/article/view/460Thu, 29 May 2025 00:00:00 +0300TYPICAL METHODS OF COMMITTING CRIMINAL OFFENSES BY PROFESSIONAL PARTICIPANTS OF JUDICIAL PROCEEDINGS
https://vca.univd.edu.ua/index.php/vca/article/view/461
<p>The article determines that the typical methods of committing criminal <br>offenses against justice by professional participants of judicial proceedings <br>include the following: 1) exerting pressure (psychological or physical (for <br>example, physical detention in certain places)) on participants of criminal <br>proceedings; 2) inciting to commit or not commit certain actions (for example, to <br>refuse a defense lawyer); 3) making threats against a participant of judicial <br>proceedings; 4) disrupting the operation of the automated document flow system in courts; 5) bribery; 6) discrediting (blackmail); 7) obstructing lawful activities <br>(for example, of a lawyer, thereby violating a person's right to defense), etc. It was <br>found that usually such methods are full-structured, as they include actions <br>related to preparation, direct commission, and concealment of a criminal offense. <br>Actions related to preparation include studying the victim's personality, choosing <br>favorable circumstances for the implementation of criminal intent, attracting <br>accomplices, selecting methods and means for its implementation, forging <br>documents, etc. </p>Y.Y. SUP
Copyright (c) 2025 Є.Ю. СУП
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https://vca.univd.edu.ua/index.php/vca/article/view/461Thu, 29 May 2025 00:00:00 +0300IMANENT SIGNS OF OPPOSITION TO THE INVESTIGATION OF CRIMINAL OFFENCES
https://vca.univd.edu.ua/index.php/vca/article/view/462
<p>The article determines that the following are appropriate to include as <br>inherent signs of opposition to the investigation: 1) opposition to the <br>investigation is a form of social activity that may take on an unlawful (criminal) <br>nature; 2) it is aimed at creating unfavorable conditions and obstacles to <br>establishing the truth in criminal proceedings, associated with making it <br>impossible to solve the tasks of criminal proceedings; 3) is implemented in both active and passive forms of behavior; 4) can be committed in the form of a single <br>intentional action or consists in committing a whole complex of actions; 5) can be <br>implemented after the opening of criminal proceedings, but in some cases and <br>before the moment of entering information about criminal proceedings into the <br>Unified Register of Pre-Trial Investigations; 6) actions committed for the purpose <br>of counteraction may be associated with the physical and intellectual impact on <br>individual objects (including living persons), aimed at preventing other actions <br>and complicating the achievement of the legitimate goals of the representatives of <br>the prosecution, therefore, if we present counteraction in a model, then this is the <br>action of the subject - marked by a specific goal - directed towards a specific <br>object (the material world or a living person). It is emphasized that counteraction <br>to the investigation can take various forms. The choice of a specific form is <br>determined by a number of factors of a subjective and objective nature. Regarding <br>individual forms, there may be grounds for determining a number of additional <br>features that are not inherent in other forms. We have listed only those of them <br>that characterize counteraction as a phenomenon of objective reality that takes <br>place in the law enforcement activities of the prosecution. It is important to <br>further investigate all the forms that can be implemented to hinder the activities <br>of the prosecution. </p>O.M. TARKAN
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https://vca.univd.edu.ua/index.php/vca/article/view/462Thu, 29 May 2025 00:00:00 +0300EXPERT'S OPINION IN ECONOMIC CRIMINAL OFFENSES
https://vca.univd.edu.ua/index.php/vca/article/view/463
<p>The article, based on a generalization of a number of theoretical <br>developments and empirical data, states that the changes that the Criminal <br>Procedure Code of Ukraine is undergoing are due to time and further prospects <br>for ensuring a quick, complete and impartial investigation. It is emphasized that <br>such is the novella, which provides for the possibility of using a new type of <br>evidence in criminal proceedings regarding criminal offenses - expert opinions, <br>but while they cause more discussion than recognition among practitioners and <br>theorists, judicial practice has almost adapted to the use of expert opinions in the <br>process of proving. <br>Based on the analysis of court decisions, it is established that such evidence <br>is used in a number of different criminal offenses, but courts assess their <br>admissibility differently: in some cases they are taken into account when making <br>decisions, in others - they are recognized as inadmissible evidence. It is <br>substantiated that the issue of bringing the current doctrine of criminal <br>procedural law into proper form has been updated so that all unregulated aspects <br>of obtaining a specialist's opinion, his legal status, confirmation of the availability <br>of professional qualifications, and the procedure for engaging them have acquired <br>their regulatory consolidation.</p>V.O. USATII
Copyright (c) 2025 В.І. УСАТИЙ
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https://vca.univd.edu.ua/index.php/vca/article/view/463Thu, 29 May 2025 00:00:00 +0300CONSTITUTIONAL BASIS OF THE CONCEPT OF INADMISSIBILITY OF EVIDENCE IN UKRANIAN CRIMINAL PROCEEDINGS
https://vca.univd.edu.ua/index.php/vca/article/view/464
<p>The constitutional basis of the concept of inadmissibility of evidence in <br>criminal proceedings has been investigated. It has been established that the rule <br>on the inadmissibility of evidence in criminal proceedings should be considered <br>as a guarantee against groundless and unfounded accusation, which has <br>constitutional roots and is a component of the principle of the presumption of <br>innocence and the right to a fair trial. It is noted that the legislator's approach, <br>applied in Part 1 of Article 87 of the Code of Criminal Procedure of Ukraine to <br>divide violations of human rights and freedoms into essential and non-essential, is <br>unconstitutional, as it leads to a violation of the constitutional obligation of the <br>state to guarantee constitutional rights and freedoms, which is defined in Part 2 of <br>Article 22 of the Constitution of Ukraine. <br>When determining the grounds for recognizing evidence as inadmissible, <br>the concepts of violation of human rights and freedoms and their restrictions <br>should be distinguished. Restriction of human rights and freedoms consists in the <br>legislative narrowing of their content and scope, which is carried out for the <br>purpose of due recognition and respect for the rights and freedoms of others and <br>ensuring the fair requirements of morality, public order and general well-being in <br>a democratic society. When as a violation of rights and freedoms is an activity that <br>consists in non-compliance with legally defined human rights and freedoms and mechanisms for their restriction. </p>Y.V. TSIMURA
Copyright (c) 2025 Я.В. ЦІМУРА
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https://vca.univd.edu.ua/index.php/vca/article/view/464Thu, 29 May 2025 00:00:00 +0300POWERS AND RESPONSIBILITIES OF THE MINISTRY OF FINANCE OF UKRAINE IN ENSURING THE BALANCE OF THE STATE BUDGET UNDER MARTIAL LAW
https://vca.univd.edu.ua/index.php/vca/article/view/465
<p>The article is devoted to exploring the administrative and legal nature of the <br>powers and responsibilities of the Ministry of Finance of Ukraine in the context of <br>ensuring the balance of the state budget under martial law. It reveals the <br>mechanisms for implementing financial policy aimed at achieving public finance <br>stability in extraordinary circumstances. The study analyzes legal acts that define <br>the Ministry’s authority in the field of budgetary control and outlines approaches <br>to ensuring legality and efficiency in financial governance. The article emphasizes <br>the importance of integrating centralized decision-making with local self-<br>government in financial regulation. It is established that the Ministry performs a <br>coordination and control function covering all stages of the budget process from <br>planning to reportingь while taking into account the risks posed by wartime <br>conditions. Special attention is paid to the legal forms of liability for violations of <br>the principle of budget balance, with regard to current practices and national <br>security threats.</p>V.A. BAHATYI
Copyright (c) 2025 В.А. БАГАТИЙ
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https://vca.univd.edu.ua/index.php/vca/article/view/465Thu, 29 May 2025 00:00:00 +0300LEGALITY AND DISCIPLINE IN THE IMPLEMENTATION OF ADMINISTRATIVE LAW ENFORCEMENT ACTIVITIES IN THE CONDITIONS OF MARTIAL STATE
https://vca.univd.edu.ua/index.php/vca/article/view/466
<p>The scientific article proves that compliance with the law and discipline in <br>the performance of official duties by civil servants (police) has always been a <br>relevant issue, as it is a necessary condition for the further development of <br>Ukraine. Strengthening the law and discipline in the performance of administrative law enforcement activities, which in turn forms and maintains law <br>and order in the state, requires the effectiveness of the performance of law <br>enforcement functions by the National Police. It is emphasized that a police <br>officer, while performing his official duties, directs his efforts to serve society by <br>ensuring the protection of human rights and freedoms, combating crime, <br>maintaining public safety and order on the basis of ethics and universal human <br>values. It is determined that the strategic goal of legality and discipline in a <br>democratic state based on the rule of law is to organize social relations through <br>legal regulation in such a way that they ensure the progressive, progressive <br>development of the country. </p>O.I. BEZPALOVA, O.V. DZHAFAROVA, N.Y. HRIDINA
Copyright (c) 2025 О.І. БЕЗПАЛОВА, О.В. ДЖАФАРОВА, Н.Ю. ГРІДІНА
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https://vca.univd.edu.ua/index.php/vca/article/view/466Thu, 29 May 2025 00:00:00 +0300SOME PROBLEMATIC ISSUES OF PREVENTING CRIMINAL OFFENSES IN THE ENVIRONMENTAL SPHERE IN UKRAINE
https://vca.univd.edu.ua/index.php/vca/article/view/467
<p>The most sensitive indicators of a society’s civilizational maturity are <br>criminal offenses in the areas of environmental safety, environmental protection, <br>and the misuse of budgetary funds. The growing trend of environmental crime in <br>general, and crimes related to subsoil use at the expense of the state budget and <br>the environment in particular, poses a significant challenge for Ukraine, especially <br>under the conditions of martial law. <br>By the way, it is the military illegal actions of the aggressor state — the <br>Russian Federation — that have caused enormous damage to environmental <br>safety and the environment, especially in the territories occupied by the enemy. <br>Therefore, the issues of combating and preventing criminal offenses in the fields <br>of subsoil use, environmental protection, and other types of natural resource <br>exploitation — including through the misuse of budgetary funds — are highly <br>relevant and require ongoing scientific attention. <br>The misuse of public funds allocated by the state for environmental safety <br>and protection by individuals vested with public authority contributes to reckless, <br>corporatized commercialization, significant imitation of environmental and <br>criminological policy, and a deepening of social injustice among members of <br>society. <br>Unfortunately, criminal statistics are replenished daily with cases of minor <br>offenses, while the most dangerous criminal activities of financial-industrial and <br>organized criminal groups in the environmental sphere remain largely beyond the <br>reach of a highly politicized criminal justice system. <br>Thus, environmental crime under the legal regime of martial law represents <br>a highly profitable type of business within politico-economic criminal practices, <br>and only law enforcement agencies are capable of counteracting it. Accordingly, in <br>the course of our study on the prevention of criminal offenses in the <br>environmental sphere, we employed a methodology aimed at understanding and <br>addressing the problem through the use of criminal liability by law enforcement <br>agencies for the misuse of state-allocated environmental protection funds. <br>In addressing the prevention of criminal offenses in the environmental <br>sphere, we hypothesized the practical need for a comprehensive, scientifically <br>grounded study aimed at providing practical recommendations to law <br>enforcement bodies regarding criminal-preventive activities in this field. <br>The article notes that existing criminological research is substantial and <br>distinguished by the depth of its scientific developments. However, it mostly <br>pertains to general issues of preventing criminal offenses in the environmental <br>domain. In order to harmonize national legislation with EU law, there is a need to <br>introduce a series of amendments to the articles that establish criminal liability for environmental violations in Ukraine. Furthermore, it is necessary to address <br>the issue of aligning criminal-legal norms aimed at ensuring environmental <br>security with the corresponding administrative-legal regulations in the field of <br>environmental protection. </p>I.H. BOHATYROV
Copyright (c) 2025 І.Г. БОГАТИРЬОВ
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https://vca.univd.edu.ua/index.php/vca/article/view/467Thu, 29 May 2025 00:00:00 +0300ON THE ISSUE OF ECOCIDE IN THE CONTEXT OF FULL-SCALE INVASION
https://vca.univd.edu.ua/index.php/vca/article/view/468
<p>The article states that since the beginning of the full-scale invasion, Ukraine <br>has suffered unprecedented blows not only to civilian infrastructure, higher <br>education institutions, unique domestic enterprises, but also to the environment. <br>The provisions of the World Charter for Nature 1982 and the Rio de Janeiro <br>Declaration on Environment and Development 1992 are considered. It is noted <br>that currently, in the context of the consequences of a full-scale armed invasion, <br>there is a need to rethink the provisions of these international documents, in <br>particular, in the context of condemning not only the use of certain weapons that <br>harm the environment, but also the methods and tactics of their application, in <br>particular, in terms of the inadmissibility of targeted attacks on nuclear power <br>plants, hydroelectric power plants, biosphere reserves, including attacks in the <br>immediate vicinity of them, when the downing of a missile or drone by air defense <br>forces can lead to irreparable consequences for nature and all of humanity. <br>The admissibility of the possibility of committing ecocide not only in <br>wartime, but also in peacetime is substantiated. The manifestations of ecocide in <br>Ukraine in the context of a full-scale invasion are analyzed, in particular, the direct <br>destruction of hydroelectric power plants and attempts to damage nuclear power <br>plants (the explosion of the Kakhovka hydroelectric power plant by the Russian <br>army in 2023); indirect consequences of rocket attacks, which include difficult <br>access for the population to drinking water, proper sanitation, electricity, and <br>deterioration of air quality.</p>M.P. BUKIN
Copyright (c) 2025 М.П. БУКІН
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https://vca.univd.edu.ua/index.php/vca/article/view/468Thu, 29 May 2025 00:00:00 +0300 ON THE ISSUE OF PREVENTING INTERNATIONAL TERRORISM: MANAGERIAL AND ETHICAL ASPECTS
https://vca.univd.edu.ua/index.php/vca/article/view/363
<p>The article states that the issue of preventing international terrorism is <br>closely related to the moral and ethical component of society's life, the <br>postmodern consciousness that has become dominant in the modern world. The <br>article analyzes individual provisions of the Council of Europe Convention on the <br>Prevention of Terrorism and the United Nations Global Counter-Terrorism <br>Strategy. It is noted that the ethical aspect of preventing international terrorism <br>includes considering the foundations for committing terrorist acts, which are laid <br>at the level of religion, family upbringing with the appropriate instillation in the <br>child of a system of ideas and values that somehow justify terrorism. At the same <br>time, the ethical aspect involves determining the ethically permissible framework <br>for interference by law enforcement agencies in the personal lives of citizens. It is <br>emphasized that the prevention of international terrorism is inextricably linked <br>with the exercise of appropriate managerial influence, the determination of the <br>relationship between the adopted managerial decisions and the aggravation of the <br>problem of terrorism, which reveals the essence of the managerial aspect of the <br>studied issues.</p>S.S. VASHCHENKO, Y.O. PONOMAROVA, O.M. SITALO, D.M. KUSHNIR
Copyright (c) 2025 С.С. ВАЩЕНКО, Я.О. ПОНОМАРЬОВА, О.М. СІТАЛО, Д.М. КУШНІР
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https://vca.univd.edu.ua/index.php/vca/article/view/363Thu, 29 May 2025 00:00:00 +0300REGULATORY AND LEGAL REGULATION OF THE CONCEPT OF «SECRET»: ESSENCE, FEATURES AND PROBLEMATIC ASPECTS
https://vca.univd.edu.ua/index.php/vca/article/view/420
<p>The article is devoted to the problem of various definitions of the concept of <br>«secret» contained in national legislation and scientific legal literature, the article <br>examines existing approaches to the legal regulation of this phenomenon. Using</p> <p>general scientific methods of analysis and synthesis, it is established that the <br>legislatively defined cases of restriction of access to «information» are aimed at <br>ensuring the socially useful function of regulating relations in order to prevent <br>harm from the disclosure of certain information. <br>The absence of a single regulatory legal act that would establish a list of all <br>varieties of «secrets» is noted, and the essence of the reasons that complicate the <br>classification of «secrets» is also emphasized. <br>The conclusion is made about the inexpediency of codifying the relevant <br>legal norms at the current stage of development of national legislation. The use of <br>incorporation (based on the main features of the «secret» category) as an <br>approach, the results of which can be effectively used in the processes of <br>education, training and rulemaking, is proposed.</p>D.Y. DENISCHUK, O.V. DZHAFAROVA, S.O. SHATRAVA
Copyright (c) 2025 Д.Є. ДЕНИЩУК, О.В. ДЖАФАРОВА, С.О. ШАТРАВА
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https://vca.univd.edu.ua/index.php/vca/article/view/420Thu, 29 May 2025 00:00:00 +0300FORMATION OF LEGAL POLICY IN THE FIELD OF SECURITY AND DEFENSE OF UKRAINE: CHALLENGES, PRIORITIES, AND IMPLEMENTATION MECHANISMS
https://vca.univd.edu.ua/index.php/vca/article/view/443
<p>The relevance of the topic of legal policy-making in the field of security and <br>defense of Ukraine is due to the complexity of the security environment in which <br>the State operates, primarily due to the armed aggression against Ukraine, <br>intensification of hybrid threats, and the need to adapt national legislation to <br>NATO standards and the legal system of the European Union. The article examines <br>the theoretical and methodological foundations of legal policy as a holistic <br>strategy of the State aimed at ensuring national security through a developed <br>system of legal norms, institutions and administrative mechanisms. The author <br>substantiates that legal policy in this area should comply with the principles of <br>consistency, legitimacy, responsibility and legal certainty, and should be capable <br>of adaptation in the face of dynamic changes in internal and external threats. The <br>author highlights the key challenges for lawmaking and law enforcement <br>activities, including regulatory fragmentation, problems of balancing security <br>needs and human rights, and threats of excessive militarization of the legal space. <br>Attention is focused on the strategic priorities of legal policy, among which the <br>most important are strengthening parliamentary control, effective functioning of <br>civilian oversight institutions, creation of a single regulatory platform for the <br>security sector, and digital transformation of management decisions. The <br>mechanisms for implementing this policy at the level of legislative, institutional <br>and managerial support are revealed, taking into account the practical aspects of <br>the functioning of the security sector under martial law. The author emphasizes <br>the need to develop a long-term model of legal policy aimed at protecting <br>democratic values, ensuring the constitutional order and guaranteeing the <br>stability of public administration in the field of security and defense.</p>R.V. ZELENIN
Copyright (c) 2025 Р.В. ЗЕЛЕНІН
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https://vca.univd.edu.ua/index.php/vca/article/view/443Thu, 29 May 2025 00:00:00 +0300ON THE ISSUE OF SCIENTIFIC SUPPORT FOR THE ACTIVITIES OF THE NATIONAL POLICE OF UKRAINE UNDER MARTIAL LAW
https://vca.univd.edu.ua/index.php/vca/article/view/449
<p>The article argues that in conditions of martial law, when the security and <br>defense forces of the state are faced with unprecedented challenges, the stability <br>of national resistance, the effectiveness of the activities of bodies and units during <br>permanent adaptation to an extremely changeable and unpredictable security environment depend on their scientific support. <br>It is noted that since ancient times, higher education institutions have <br>become epicenters of the development of scientific knowledge. Such a role in the <br>field of law enforcement and the training of highly qualified legal personnel is <br>played by higher education institutions with specific training conditions that train <br>police officers. The available human and material and technical potential allows <br>us to consider such higher education institutions as platforms for constant <br>interaction between the scientific community and practical units. <br>Attention is focused on the fact that mastering the methodology of scientific <br>activity allows future police officers to competently draft any procedural <br>documents, give a comprehensive written or oral response to lawyers' inquiries, <br>critically analyze the situation in professional activities, and demonstrate a high <br>level of communicative competence, which involves establishing interaction with <br>a wide range of subjects, maintaining constructive cooperation and trusting <br>relationships with them. The impact of martial law on the scientific activity of <br>higher education institutions is analyzed, and problems such as colossal <br>destruction of infrastructure, reduction of state funding for scientific activity, and <br>personnel problems are outlined, which domestic scientists are working on <br>solving, in particular in terms of administrative and legal support. </p>V.Y. KIKINCHUK
Copyright (c) 2025 В.Ю. КІКІНЧУК
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https://vca.univd.edu.ua/index.php/vca/article/view/449Thu, 29 May 2025 00:00:00 +0300IMPRESSIONS OF THE TEXTBOOK “CRIMINOLOGY (COMMON PART)” (2025), EDITED BY Y. V. ORLOV, WITH EMPHASIS ON THE IMPORTANCE OF TEACHERS AND MENTORS IN OUR LIVES.
https://vca.univd.edu.ua/index.php/vca/article/view/469
<p>The publication is characterized by scientific depth, academic rigorous <br>structure and a high level of interdisciplinary approach that provides a <br>comprehensive understanding of the phenomenon of crime, its patterns and <br>mechanisms of counteraction. Outstanding personalities, professors O. M. Litvinov <br>and Yu. Orlov, made a significant contribution to the development of the <br>criminological school, laying the foundations for the foundations of the modern <br>understanding of criminological processes. The textbook traces the connection <br>between the legacy of prominent scholars and modern trends in criminological <br>science, which makes the publication not only educational, but also scientific and <br>practical a reference point for new generations of lawyers. It offers not only a <br>systematic analysis of crime, but also reveals important of crime, but also reveals <br>the importance of mentoring, the continuity of scientific school and moral <br>guidelines in the education of a new generation of lawyers. Special emphasis is <br>placed emphasis is placed on the role of such teachers as academician O. <br>Pohribnyi, who not only not only transmitted knowledge but also shaped <br>professional culture and academic traditions. Given its high quality, in-depth <br>analysis, and relevance, the textbook “Criminology (General Part)” (2025) is a <br>significant contribution to legal science to legal science, which will contribute to <br>the training of highly qualified specialists and will ensure the development of <br>criminological thinking in future lawyers and scientists.</p>I.V. KRITSAK
Copyright (c) 2025 І.В. КРІЦАК
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https://vca.univd.edu.ua/index.php/vca/article/view/469Thu, 29 May 2025 00:00:00 +0300LAWMAKING IN THE CRIMINAL-LEGAL SPHERE: BETWEEN TRADITIONALISM AND INNOVATION
https://vca.univd.edu.ua/index.php/vca/article/view/470
<p>The study provides a comprehensive analysis of the deep substantive foundations of the formation of criminal legislation of Ukraine in the context of <br>transformations of legal reality (past, current, present and future law). The author <br>focuses on lawmaking as a multidimensional, spiritual and intellectual <br>phenomenon which encompasses not only normative construction but also the <br>symbolic mission of establishing justice and law and order. From the standpoint <br>of academic experience and scientific heritage of the classics of the Ukrainian <br>school of criminal law, in particular, V. Tatsiy, P. Fries, Y. Baulin, V. Tyutyugin, O. <br>Dudorov, O. Lytvynov, and Y. Orlov, the author examines the essence of criminal <br>law as a manifestation of the highest level of legal thinking, where each legal <br>provision is considered not only as a legal provision, but also as a socio-cultural <br>construction with sacred meaning. <br>The author emphasizes the need to maintain a balance between “stability <br>and dynamism” of criminal legislation, and the threat of “legislative viruses” that <br>violate the systemic integrity of the Criminal Code of Ukraine. The author <br>criticizes the chaotic lawmaking which devalues the doctrine and practical <br>effectiveness of the provisions. The author highlights the role of professionalism, <br>doctrinal thinking and moral responsibility of lawyers in the process of <br>lawmaking. The study also emphasizes the importance of the spiritual and <br>cultural basis of the Ukrainian legal tradition, in particular, Orthodox values, <br>which can and should fill lawmaking with humanistic content. <br>Considerable attention is paid to the analysis of the Special Part of Criminal <br>Law as the structural core of the criminal liability system, the issues of unification <br>and classification of criminal offenses, the role of sanctions in the implementation <br>of the principle of justice, and modeling of the future Criminal Code of Ukraine <br>with due regard for the national mentality, social reality, experience of judicial <br>practice and wartime challenges. The author concludes that the new Criminal <br>Code of Ukraine should not be a “space construction”, but a simple, logical, <br>accessible, but at the same time profound instrument of justice which would meet <br>the needs of the people, the challenges of the times and the high standards of legal <br>science. </p>I.V. KRITSAK, Y.Y. INSHEKOVA, I.S. POLYAKOV
Copyright (c) 2025 І.В. КРІЦАК, Ю.Ю. ІНШЕКОВА, І.С. ПОЛЯКОВ
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https://vca.univd.edu.ua/index.php/vca/article/view/470Thu, 29 May 2025 00:00:00 +0300SPIRITUAL-VALUE CONCEPT OF LEGAL UNDERSTANDING: CONTENT, ESSENCE AND ROLE IN THE KNOWLEDGE OF CRIME AND COUNTERACTION AGAINST IT
https://vca.univd.edu.ua/index.php/vca/article/view/471
<p>Today’s society, striving for harmonious development, needs to rethink the <br>concept and idea of service - both at the level of the individual and in the general <br>social dimension/format. Service as a personal position, phenomenon and process <br>has deep religious, theoretical and legal, criminological/criminotheological <br>aspects that remain insufficiently studied today. The instruction of serving one's <br>neighbor, expressed by Jesus Christ in the words: “Whoever wants to be the <br>greatest among you, let him be the servant of all” (Matthew 20:26-28) not only <br>has moral, ethical, spiritual and value significance, but also acquires special <br>relevance and importance, especially now, in the twenty-first century, in the <br>context of building a rule-of-law state and preventing crime. Realization of the <br>idea of service and its practical implementation can become a key factor in social <br>stability, strengthening of law and order institutions, and overall progress and <br>prosperity. Fostering social responsibility and a healthy Ukrainian nation through <br>the idea of service and the concept of biblical studies/bibliotherapy is a strategic <br>direction that can bring the Ukrainian state and law to a new level and stage of <br>advanced development. <br>An important element in the realization of social service is an effective <br>system of the concept of “law enforcement” based on moral and legal standards. <br>Law is a valuable resource of society, like a diamond, which must be carefully <br>protected. Without the spiritual and value dimension, this protection becomes <br>formal and superficial. That is why modern law enforcement is increasingly <br>integrating humanistic values supported by spiritual and cultural principles, <br>ensuring a balance between the rules of law, traditions, customs and morality of <br>society. <br>True professionalism in criminology is born not only from academic <br>knowledge, but also from a sincere desire to explore the depths of this science <br>through self-education. Even starting from an amateur level, a criminologist can <br>reach the highest levels of proficiency if he or she has the internal motivation, perseverance, and willingness to delve into the complex theoretical and practical <br>aspects of his or her field. And most importantly, it is the support of teachers, <br>mentors, and like-minded people. It is the desire for continuous development, <br>analysis of the deep processes of crime and the search for effective methods of <br>counteracting it that opens the way to true expertise and recognition in <br>criminological science. </p>I.V. KRITSAK, I.M. ISCHYK
Copyright (c) 2025 І.В. КРІЦАК, І.М. ІЩИК
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https://vca.univd.edu.ua/index.php/vca/article/view/471Thu, 29 May 2025 00:00:00 +0300THE PHILOSOPHICAL ASPECT OF PROTECTING HUMAN RIGHTS IN UKRAINE UNDER MARTIAL LAW
https://vca.univd.edu.ua/index.php/vca/article/view/472
<p>The article analyzes the views of individual scientists on the protection of <br>human rights in wartime, who have long been interested in the deep essence of war, its role and impact on an individual and society as a whole. The position of <br>the writer E. M. Remarque is considered in the context of the researched issues, in <br>whose words, in a somewhat artistic form, the main vocation of protecting human <br>rights in wartime is traced - to preserve the ability of both an individual and <br>society to creativity and critical thinking despite challenges and restrictions after <br>their abolition. Some provisions of the Comprehensive Strategic Plan for <br>Reforming Law Enforcement Agencies as Part of the Security and Defense Sector <br>of Ukraine for 2023-2027 are analyzed. The essence of the integrity of justice in <br>the context of protecting human rights in Ukraine under martial law is <br>substantiated. </p>S.S. LUKASH, N.V. KOBETS
Copyright (c) 2025 С.С. ЛУКАШ, Н.В. КОБЕЦЬ
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https://vca.univd.edu.ua/index.php/vca/article/view/472Thu, 29 May 2025 00:00:00 +0300ON THE ISSUE OF DISCIPLINARY AND CIVIL LIABILITY OF POLICE OFFICERS
https://vca.univd.edu.ua/index.php/vca/article/view/366
<p>The article noted that discipline, decency, responsibility, and integrity of <br>police officers acquire special significance and a fundamentally new meaning in <br>conditions of martial law. The current features of disciplinary responsibility of <br>police officers are identified. It is emphasized that the leading task of disciplinary <br>responsibility of police officers is not to maintain current requirements and <br>institutional rules, but to ensure the development of high professional and <br>personal qualities of a police officer. Attention is drawn to the fact that the <br>upbringing of a high level of discipline, including through the application of <br>disciplinary sanctions, must begin at the stage of training a future police officer. It <br>is argued that the essence of civil liability of police officers is connected with the <br>ability of the state to politically and legally bear civil liability for arbitrary and <br>illegal restrictions by representatives of law enforcement agencies on human <br>rights and freedoms.</p>S.S. LUKASH, K.S. NAUMENKO, I.P. PURIHA, M.O. LUKIANOV
Copyright (c) 2025 С.С. ЛУКАШ, К.С, НАУМЕНКО, І.П. ПУРІГА, М.О. ЛУК’ЯНОВ
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https://vca.univd.edu.ua/index.php/vca/article/view/366Thu, 29 May 2025 00:00:00 +0300ON THE ISSUE OF ANTI-CORRUPTION COMPONENT ACTIVITIES OF THE NATIONAL POLICE
https://vca.univd.edu.ua/index.php/vca/article/view/367
<p>The article analyzed the deep historical roots of corruption, dating back to <br>the times of Ancient Rome. The activities of Transparency International were <br>studied and the relevant Transparency International ratings were developed, <br>which demonstrate the scale of the corruption problem in Ukraine. The main <br>indicators of the police's activity in responding to committed corruption offenses <br>and offenses related to corruption were determined, and statistical data were <br>considered, indicating the effectiveness of such activities of the police. <br>The significant potential of civil society in conducting targeted educational <br>work with the population was emphasized. The essence of the legal education <br>work of the police in interaction with the public in the course of preventing <br>corruption was revealed. The latest forms of police interaction with the public in <br>the course of carrying out legal education work aimed at preventing corruption, in <br>particular, the implementation by police officers of community security initiatives <br>that can be implemented in the community and solve current problems of <br>preventing corruption; Conducting explanatory and legal education work with <br>school students by police officers of the Educational Security Service in order to <br>convey information about the scale and consequences of the problem of <br>corruption in Ukraine.</p>M.Y. NOVYK, O.M. NAZAROV, M.O. KOLESNYK, V.H. NIKOLAIENKO
Copyright (c) 2025 М.Ю. НОВИК, О.М. НАЗАРОВ, М.О. КОЛЕСНИК, В.Г. НІКОЛАЄНКО
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https://vca.univd.edu.ua/index.php/vca/article/view/367Thu, 29 May 2025 00:00:00 +0300ORGANIZATIONAL AND LEGAL MEASURES TO ENSURING THE SECURITY OF DIGITAL SERVICES IN THE ASPECT OF COMBATING CYBERCRIME IN UKRAINE
https://vca.univd.edu.ua/index.php/vca/article/view/473
<p>The article, using methods of comprehensive analysis, presents a system <br>of organizational and legal measures to ensure the security of digital services in <br>terms of combating cybercrime in Ukraine. In particular, this includes <br>strengthening the trust of the private sector and citizens in digital services <br>provided by the state, unconditional fulfillment of requirements for ensuring <br>cybersecurity and cyber protection during their provision, development of <br>national information infrastructure, development of national standards in the <br>field of cybersecurity, creation of bodies to assess the compliance of providers of <br>electronic trust services with the requirements for qualified providers of qualified <br>electronic trust services and authentication of their users, increasing the <br>effectiveness of the system for protecting citizens' personal data by harmonizing <br>the legislation of Ukraine with the relevant legislation of the European Union. <br>Based on the analysis of the provisions of the current legislative acts <br>regulating state policy in the field of cybersecurity, as well as the processing of <br>analytical materials on these issues, the content of measures to ensure digital <br>services is disclosed, and attention is also focused on the existing problems of <br>their full implementation. In particular, these are the issues of ensuring the <br>security of users of the most state electronic applications, preserving the industry <br>principle of informatization of state bodies, optimizing the architecture of <br>information security management, which organizations and state authorities can <br>create and use for their own protection, functional problems of the activities of <br>bodies assessing the compliance of providers of electronic trust services with the <br>established requirements, achieving unification of the process of applying <br>authentication methods for all ministries and departments, the issue of achieving <br>effective cooperation between European partners in the digital services market. <br>The position on the need for further work on legal regulation of procedures <br>for achieving security and transparency in the provision of digital services, timely <br>identification and neutralization of relevant risks and threats to cybersecurity is <br>substantiated. Accordingly, the current task of legal science is to form <br>scientifically based proposals for improving the legal support for the development <br>of both the digital services market itself and the security of the national digital <br>environment.</p>O.S. PEREDERII, L.V. KULACHOK-TITOVA
Copyright (c) 2025 О.С. ПЕРЕДЕРІЙ, Л.В. КУЛАЧОК-ТІТОВА
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https://vca.univd.edu.ua/index.php/vca/article/view/473Thu, 29 May 2025 00:00:00 +0300CURRENT FEATURES OF TACTICAL AND SPECIAL TRAINING OF POLICE OFFICERS IN MARTIAL LAW CONDITIONS
https://vca.univd.edu.ua/index.php/vca/article/view/368
<p>The article analyzes the historical experience of the formation of military <br>tactics and strategy in the global context. The essence of such a feature of tactical <br>and special training of police officers in martial law conditions is considered, as <br>the focus on ensuring high combat readiness of personnel through the prism of <br>taking into account readiness for various combat situations that can occur not <br>only on the battlefield, but also suddenly arise in settlements, the author's <br>recommendations are given on taking into account this feature during tactical <br>training classes in the system of police officer training. Attention is drawn to such <br>features of tactical and special training of police officers in martial law conditions <br>as the need for personnel to acquire skills related to group performance of <br>operational tasks and the focus on acquiring psychophysical readiness to perform <br>the tasks set. It is noted that in the process of forming psychophysical readiness of <br>police officers to perform tasks in martial law conditions, the role of special <br>psychological training is actualized. It is emphasized that in tactical and special <br>training classes it is impossible to fully recreate combat conditions with all the <br>stimuli and factors that influence the actions of personnel in real conditions. <br>However, this is considered possible with the help of virtual reality technologies.</p>M.M. PIDOIMA, K.A. FEDCHENKO, S.I. IVASHYNA, R.V. PROTSENKO
Copyright (c) 2025 М.М. ПІДОЙМА, К.А. ФЕДЧЕНКО, С.І. ІВАШИНА, Р.В. ПРОЦЕНКО
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https://vca.univd.edu.ua/index.php/vca/article/view/368Thu, 29 May 2025 00:00:00 +0300MILITARY-TECHNICAL COOPERATION OF UKRAINE AS A FACTOR IN COUNTERING RUSSIA'S ARMED AGGRESSION
https://vca.univd.edu.ua/index.php/vca/article/view/474
<p>The article is devoted to the problems of legal regulation of military-<br>technical cooperation, which is a significant factor in ensuring repulsion of the <br>armed aggression of the Russian Federation. The author analyses the scientific <br>works whose authors have studied the peculiarities of military-technical <br>cooperation in general and in the context of Russia's armed aggression in the field <br>of public administration, economics and law. The author's own definition of the <br>essence of military-technical cooperation is formulated, and its features are <br>determined. <br>The author comes to the conclusion that there is a need to form a solid legal <br>basis for military-technical cooperation in all elements of its components, taking <br>into account its form and content, in particular in the context of armed conflict. <br>The author analyses the legal nature of military-technical cooperation as a <br>structural element of the national security mechanism, and details its place in the <br>content of military security. <br>The author analyses the legal framework that substantiates the form, <br>content and directions of military-technical cooperation in peacetime and armed <br>conflict. Legislation defining the legal regime of military-technical cooperation is <br>structured, highlighting the fundamental provisions of the constitutional and conceptual levels, where the latter is regulated by the Law of Ukraine ‘On National <br>Security of Ukraine’ and special legislation in the field of defence policy <br>implementation. The legal mechanism for regulating relations in the sphere of <br>ensuring national security components is systematic and structured through the <br>development of relevant strategic regulatory acts of a forward-looking nature, <br>with special attention paid to the Strategy for the Development of the Defence <br>Industry of Ukraine and the Strategic Defence Bulletin of Ukraine. <br>The author proposes to amend the current legislation to improve the <br>mechanism of legal regulation of military-technical cooperation, in particular in <br>the context of armed conflict, and to strengthen intellectual property rights in <br>respect of the results of creative and intellectual activity created within such <br>activities. </p>O.V. PLETNOV, Y.V. KOVALENKO
Copyright (c) 2025 О.В. ПЛЕТНЬОВ, Є.В. КОВАЛЕНКО
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https://vca.univd.edu.ua/index.php/vca/article/view/474Thu, 29 May 2025 00:00:00 +0300DIRECTIONS OF IMPROVING THE REGULATORY AND LEGAL REGULATION OF ENSURING LEGALITY IN THE ADMINISTRATION OF JUSTICE
https://vca.univd.edu.ua/index.php/vca/article/view/475
<p>It is argued that the first step should be to “simplify” administrative <br>proceedings, which in turn will contribute to a faster and more effective <br>consideration of cases. In this context, it is necessary to implement a set of <br>measures, in particular: first, to ensure a reduction in the terms of consideration <br>of administrative cases. This should include creating conditions for the <br>introduction of information technologies, as well as expanding opportunities for <br>pre-trial settlement of disputes; second, to review procedural norms that, in <br>particular, regulate the procedure for considering minor cases. <br>It is emphasized that the introduction of international standards in the <br>context of the issues presented in the work is of paramount importance, since <br>their full application in Ukrainian realities will allow: first, to strengthen <br>guarantees for a fair trial, which includes equality of parties before the law, <br>adversarial process, etc.; second, to strengthen the independence of the judicial <br>system in general, and judges in particular, minimizing the risks of political or any other pressure; thirdly, it will increase the overall efficiency of the judicial system, <br>since, for example, the establishment of strict deadlines for considering cases, <br>electronic justice, simplification of certain procedural procedures, as it is seen, <br>will allow avoiding the delay of legal proceedings and will improve access to <br>justice. All of the above will lead to an overall increase in the level of trust in the <br>judiciary, reduce the number of cases in international courts and make the <br>national judicial system more predictable and effective. </p>I.M. POPOVYCH
Copyright (c) 2025 І.М. ПОПОВИЧ
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https://vca.univd.edu.ua/index.php/vca/article/view/475Thu, 29 May 2025 00:00:00 +0300CODIFICATION OF LEGISLATION AS A MECHANISM FOR STABILIZING THE LEGAL SPACE IN THE CONTEXT OF LEGAL TURBULENCE: A DOCTRINAL AND METHODOLOGICAL STUDY
https://vca.univd.edu.ua/index.php/vca/article/view/476
<p>The article carries out a comprehensive doctrinal and methodological study <br>of codification of legislation as a tool for stabilizing the legal space in the context <br>of legal turbulence characterized by increased dynamics of regulatory changes, <br>fragmentation of the regulatory framework and growing lack of legal certainty. It <br>is proved that codification is not a purely technical and legal procedure, but is a <br>conceptual mechanism for structural restructuring of the regulatory system <br>aimed at restoring its internal logic, hierarchical consistency and axiological <br>content. The author examines the impact of legal instability on the regulatory <br>architecture of legislation and identifies the typical challenges faced by <br>lawmakers in the context of a transitional period. The author emphasizes that effective codification requires a deep methodological foundation, which includes <br>not only an analysis of the current regulatory framework, but also consideration <br>of legal values, socio-cultural context and strategic guidelines for the development <br>of the legal system. The author concludes that codification performs not only the <br>function of systematization of norms, but also serves as an instrument of legal <br>reconfiguration capable of restoring normative integrity, stability and <br>predictability in the context of legal turbulence, and also promotes the rule of law <br>as a basic value of a democratic society. </p>S.P. RAICHENKO
Copyright (c) 2025 С.П. РАЙЧЕНКО
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https://vca.univd.edu.ua/index.php/vca/article/view/476Thu, 29 May 2025 00:00:00 +0300APPROXIMATION OF NATIONAL LEGISLATION AND EU LEGISLATION AS A COMPONENT OF UKRAINE'S EUROPEAN INTEGRATION COURSE
https://vca.univd.edu.ua/index.php/vca/article/view/477
<p>The article analyzes the issue of translation and usage of the term <br>«approximation" within the process of harmonizing Ukraine's national legislation <br>with the acquis of the European Union. It has been established that the lack of a <br>unified approach to translating the term approximation leads to its varied <br>interpretation in official documents, creating legal uncertainty and potentially <br>affecting the effectiveness of the implementation of European legal norms in <br>Ukraine. The key terminological discrepancies in the translations of acquis EU acts <br>are outlined. <br>The study examines the legal and linguistic aspects of the impact of <br>translation inaccuracies on the law enforcement process. It has been found that <br>terminological inconsistencies in the translations of international agreements, <br>particularly the Association Agreement between Ukraine and the EU, may <br>complicate the interpretation of the parties' obligations and create difficulties in <br>the process of legislative adaptation. <br>It has been determined that the issue of translating legal terms is systemic <br>in nature and requires the development of a unified approach to the use of legal <br>terminology. Conceptual approaches to terminological standardization are <br>proposed, which involve the use of a single equivalent for key terms and the <br>alignment of translations with European standards.</p>N.O. RASTORGUYEVA
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https://vca.univd.edu.ua/index.php/vca/article/view/477Thu, 29 May 2025 00:00:00 +0300INVOLVEMENT OF MINORS IN CRIMINAL ILLEGAL ACTIVITIES IN CYBERSPACE: A PHENOMENON AND PRINCIPLES OF COUNTERACTION
https://vca.univd.edu.ua/index.php/vca/article/view/478
<p>Cyberspace in the 21st century appears as a complex and contradictory <br>phenomenon: on the one hand, it opens up significant humanistic potential, on the <br>other hand, it can act as an instrument of control, repression and distortion of <br>values. In this space, the problem of the formation of the consciousness of a minor <br>acquires special importance, because it is here that their socialization, the <br>formation of moral guidelines and worldview take place. The conditions in which <br>a child grows - in particular, the environment of the family, state, society, the <br>influence of regional, cultural, informational factors - all this directly affects his <br>psycho-emotional and spiritual development. The world of modern technologies <br>and virtual communication requires society to adopt a new pedagogy of <br>education, based on the values of labor, knowledge, moral responsibility, <br>spirituality and service to the common good. In the digital age, it is extremely <br>important to develop in children the ability to think critically, perceive higher <br>ideals, understand historical heritage, cultural continuity of generations and <br>national identity. Without support from adults – through example, mentoring, <br>dialogue and meaningful presence in a child’s life – words and abstract appeals <br>lose all power. That is why the educational and upbringing process should include <br>moral, ethical and spiritual components aimed at forming stable models of lawful <br>behavior, the ability to distinguish good from evil, critically interpret information, <br>and resist the destructive influences of cyberspace. The key task is to develop in <br>adolescents an active civic position, the ability to self-realize through useful <br>activities and creativity. The use of modern information and communication <br>technologies should serve not only as a source of knowledge, but also as a tool for <br>education based on the examples of moral authorities, outstanding personalities, <br>and leaders of the nation. It is important to create humanistic digital content that <br>promotes the ideas of goodness, responsibility, hard work, empathy and <br>leadership in serving society. Cyberspace should become a space not only for <br>information interaction, but also for moral growth, spiritual integration, and the <br>formation of a personality capable of making a conscious contribution to the <br>development of both the national and global community. Only under the <br>conditions of such an approach will we be able to raise a generation of highly <br>developed, responsible and spiritually rich people. <br>The article identifies the key parameters of the criminological phenomenon of involving minors in criminally illegal activities in cyberspace. Its basic <br>determinants are clarified and proposals are formulated regarding the principles <br>of countering their reproduction. </p>V.V. SOKURENKO, V.V. ABLAMSKA, O.S. PEREDERII
Copyright (c) 2025 В.В. СОКУРЕНКО, В.В. АБЛАМСЬКА
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https://vca.univd.edu.ua/index.php/vca/article/view/478Thu, 29 May 2025 00:00:00 +0300LEGAL NATURE AND FEATURES OF DOMESTIC MEDICAL AND HEALTH TOURISM
https://vca.univd.edu.ua/index.php/vca/article/view/479
<p>This scientific article is devoted to clarifying the peculiarities of legal <br>regulation of domestic medical and health tourism in Ukraine. Scientific <br>approaches to the legal regulation of medical tourism are examined, and the <br>provisions of current legislation in the field of tourism, health care and resort <br>business, which determine the legal basis for the activities of sanatorium and <br>resort establishments providing medical and health services, are analysed. <br>The author proposes a definition of domestic medical and health tourism as <br>the provision of medical, health, rehabilitation and/or recreational services to <br>individuals on the basis of a civil law contract in sanatorium and resort <br>establishments in Ukraine. The peculiarities of the legal regulation of domestic <br>medical and health tourism are identified, as well as the peculiarities of the legal <br>status of sanatorium and resort establishments that can operate in the <br>organisational and legal form of non-commercial enterprises or institutions of <br>state, communal or private ownership. <br>It is emphasised that sanatorium and resort establishments must obtain a <br>licence to carry out economic activities. At the same time, it is pointed out that <br>there are no special licensing requirements in the legislation for them to carry out <br>economic activities in the field of medical practice. <br>The author's vision of a contract for the provision of medical and health <br>services is formulated, which is proposed to be understood as an agreement <br>(contract, memorandum) between a sanatorium-resort institution and a natural <br>or legal person, under which the provider undertakes to provide medical, health, <br>rehabilitation and/or recreational services to the recipient on a paid, free or <br>compensated basis. The essential terms of such an agreement are defined, in <br>particular the subject matter of the agreement with a list of medical and health <br>services, their quality, cost and term of provision. <br>The possibility of including terms and conditions for the provision of <br>medical and health services in a sanatorium-resort facility in a tourist service <br>agreement between a client and a tour operator is justified. A proposal has been <br>made to improve the regulatory framework by developing and approving <br>licensing conditions for the provision of such services, as well as by legislating the <br>terms of the relevant agreement in the Law of Ukraine ‘On Resorts’ or the Law of <br>Ukraine ‘On Tourism’. Prospects for further research in the field of legal support <br>for domestic medical and health tourism have been identified.</p>V.I. TEREMETSKYI, D.S. ASTAFIEV
Copyright (c) 2025 В.І. ТЕРЕМЕЦЬКИЙ, Д.С. АСТАФ’ЄВ
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https://vca.univd.edu.ua/index.php/vca/article/view/479Thu, 29 May 2025 00:00:00 +0300ORGANIZATIONAL AND INTELLECTUAL TRANSFER AS A MEANS OF ENSURING THE SUSTAINABILITY OF THE SYSTEM OF COUNTERING CRIME IN WAR CONDITIONS
https://vca.univd.edu.ua/index.php/vca/article/view/480
<p>The article considers issues related to the relocation of higher education <br>institutions (hereinafter referred to as HEIs) with specific training conditions to <br>safer regions of Ukraine from occupied, frontline territories and those where <br>active hostilities are underway. <br>Based on the results of the analysis of scientific literature, analytical reports <br>of the Ministry of Education and Science of Ukraine, the National Agency for <br>Quality Assurance in Higher Education, the Institute of Educational Analytics, the <br>Institute for Modernization of Educational Content, and the provisions of <br>regulatory legal acts in the educational sphere, the need to monitor the <br>functioning of relocated HEIs under martial law in Ukraine in the following areas is substantiated: assessment of the quality of the level of regulatory and legal <br>support for the functioning of relocated HEIs; adaptation of the educational <br>process in accordance with the requirements of martial law; ensuring continuity <br>of education taking into account the realities of the relocation process; creating <br>new opportunities for the development of higher education institutions in the <br>conditions of the new place of residence; compliance with legal guarantees for all <br>participants in the educational process who have the status of an internally <br>displaced person and work or study in relocated higher education institutions; <br>studying the psycho-emotional state of participants in the educational process <br>and analyzing the role of the psychological support service in the education <br>system; improving the digital educational environment under martial law; <br>assessing the status of the implementation of international cooperation projects, <br>the introduction of European educational practices within the framework of <br>Ukraine's fulfillment of European integration obligations in the field of education <br>and science; assessing the consequences of the negative impact of military actions <br>on the educational sector and forecasting the development of the educational <br>sector in the medium and long term. <br>It is proved that such organizational and intellectual transfer is one of the <br>basic conditions for ensuring the stability of the system of combating crime <br>according to the criteria of heredity, educational and scientific support. In <br>addition, this direction of state humanitarian and criminological policy directly <br>affects the degree of integration of minors, youth into socially useful activities, <br>thereby reducing the risk of their involvement in illegal practices. </p>T.A. SHEVCHUK, I.S. POLYAKOV, V.I. STAROSTA
Copyright (c) 2025 Т.А. ШЕВЧУК, І.С. ПОЛЯКОВ
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https://vca.univd.edu.ua/index.php/vca/article/view/480Thu, 29 May 2025 00:00:00 +0300CONCEPT AND FEATURES OF PROFESSIONAL TRAINING OF POLICE OFFICERS IN UKRAINE AS AN OBJECT OF ADMINISTRATIVE AND LEGAL REGULATION
https://vca.univd.edu.ua/index.php/vca/article/view/481
<p>It is emphasized that professional training is a process of obtaining specific <br>knowledge and developing skills by a person, which is purposeful in nature, in <br>order to prepare him to benefit a certain organization in terms of effectively <br>fulfilling the goals and tasks set for it. Professional training is systematic in nature, <br>meets the dynamics of the organization's needs for specialists who have <br>knowledge and skills adapted to changes in technology and social relations. <br>It is found out that professional training of police officers is an organized <br>process regulated by administrative and legal norms of forming the professional <br>readiness of police officers to effectively perform the tasks of the National Police <br>by acquiring knowledge, skills and abilities adequate to the current requirements <br>of reality, which are subject to systematic updating in accordance with modern <br>challenges and threats. <br>It is argued that the functional tasks of the police are decisive in relation to <br>the content, forms and types of professional training, personal and qualification <br>requirements (knowledge, skills, abilities) of police officers. Among the features of <br>professional training of police officers, it is advisable to highlight: firstly, specific <br>subjects - educational institutions with specific training conditions; secondly, <br>training is focused on a special category of persons who have taken the Oath; <br>thirdly, the presence of a special range of forms and methods of training; fourthly, <br>the presence of a significant number of departmental regulatory legal acts that <br>directly regulate the requirements, content and organizational conditions for the <br>implementation of training.</p>L.V. VASYANOVYCH
Copyright (c) 2025 Л.В. ВАСЯНОВИЧ
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https://vca.univd.edu.ua/index.php/vca/article/view/481Thu, 29 May 2025 00:00:00 +0300CONCEPTS AND FEATURES OF INTERNATIONAL LEGAL STANDARDS FOR ENSURING HUMAN RIGHTS AND FREEDOMS AT THE PRE-TRIAL INVESTIGATION STAGE
https://vca.univd.edu.ua/index.php/vca/article/view/482
<p>It has been emphasized that the relevance of the issue concerning the <br>concept and features of international legal standards for ensuring human rights <br>and freedoms during the pre-trial investigation stage gains particular importance <br>in the context of modern trends in the development of legal systems, the <br>integration of international norms into national legislation, and the globalization <br>of human rights protection processes. It has been established that in <br>contemporary legal practice, the role of international legal standards is <br>continuously growing, as they serve as the basis for unifying and harmonizing <br>legal activities in the field of criminal justice. It has been clarified that, according <br>to the provisions of several international documents such as the Universal <br>Declaration of Human Rights, the Convention for the Protection of Human Rights <br>and Fundamental Freedoms, and the International Covenant on Civil and Political <br>Rights, special attention is paid to the adherence to the principles of legality, <br>proportionality, and due legal procedure in criminal proceedings. International <br>legal standards for ensuring human rights and freedoms are defined as a set of <br>principles, norms, and recommendations enshrined in international documents. It <br>has been emphasized that the concept of international legal standards for <br>ensuring human rights and freedoms implies their integration into national <br>legislation as the foundation for protecting the constitutional rights of <br>participants in criminal proceedings. It has been argued that the features of these <br>standards are criteria for evaluating procedural actions in terms of respect for <br>human rights, ensuring transparency, and inadmissibility of discrimination. It has <br>been established that the essential features of international legal standards for ensuring human rights and freedoms during the pre-trial investigation stage <br>include: social conditionality; dynamism; systematization; general obligatory <br>nature; universality; implementation of normative and regulatory functions; <br>influence on the legal system of the state; proportionality. </p>S.M. DANYLO
Copyright (c) 2025 С.М. ДАНИЛО
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https://vca.univd.edu.ua/index.php/vca/article/view/482Thu, 29 May 2025 00:00:00 +0300PRACTICAL ASPECTS OF ENFORCEMENT OF RESTRICTIVE ORDERS AGAINST ABUSERS AS A LEGAL CONSEQUENCE OF DOMESTIC VIOLENCE
https://vca.univd.edu.ua/index.php/vca/article/view/492
<p>The article examines the actual problems of practical implementation of a <br>restrictive order as a tool for combating domestic violence. The mechanisms of <br>removal, execution and control over compliance with restrictive regulations by <br>abusers are analyzed. Particular attention is paid to the legal nature of a <br>restrictive prescription and its double nature as an administrative-legal and civil-<br>legal institution. The article also emphasizes the detection of gaps in legislative <br>regulation and law enforcement practice, which reduce the effectiveness of <br>victims from domestic violence. The main problems of implementation of <br>restrictive prescriptions are established: violation of the terms of consideration <br>by the courts of cases of issuing a restrictive order, failure to notify the decision <br>on the restrictive prescription of police, the imperfection of the mechanism of <br>monitoring their implementation, insufficient coordination between the subjects <br>of interaction in the field of restriction. A set of measures to improve the efficiency <br>of restrictive regulations, in particular, improving the legislative framework and <br>strengthening of interagency interaction, is proposed.</p>N.O. HROM
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https://vca.univd.edu.ua/index.php/vca/article/view/492Thu, 29 May 2025 00:00:00 +0300DIRECTIONS AND LEVELS OF IMPLEMENTATION OF PERSONNEL PROCEDURES IN THE NATIONAL POLICE OF UKRAINE
https://vca.univd.edu.ua/index.php/vca/article/view/493
<p>The article is devoted to the problem of personnel procedures as a complex, <br>multi-stage system of measures aimed at ensuring effective selection, training, <br>assessment, promotion, motivation and dismissal of police officers. The main <br>areas of implementation of personnel procedures are: personnel selection (taking <br>into account the requirements for professional competence, moral and ethical <br>qualities and physical fitness of candidates), professional training and advanced <br>training, evaluation of service activities, formation of a personnel reserve, as well <br>as the implementation of disciplinary proceedings. It has been established that the implementation of these areas takes place at several levels: central (Human <br>Resources Department of the National Police of Ukraine), regional (main <br>departments of the National Police in the regions) and local (human resources <br>departments in structural units of the police). At each level, authorized employees <br>acquire special powers, functions and bear special responsibility, which ensures a <br>systematic approach to personnel management. It was revealed that there are <br>certain problems in the field of personnel policy, in particular, insufficient <br>coordination between different levels of management, the absence of a single <br>information space, limited opportunities for career growth, which reduces the <br>motivation of employees. It is argued that improving the directions and levels of implementation of <br>personnel procedures is a key condition for building an effective, professional, <br>accountable and citizen-oriented police system. </p>V.V. OLEKSYUK
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https://vca.univd.edu.ua/index.php/vca/article/view/493Thu, 29 May 2025 00:00:00 +0300DIRECTIONS OF CONTROL IN THE SPHERE OF URBAN PLANNING ACTIVITIES
https://vca.univd.edu.ua/index.php/vca/article/view/494
<p>It is noted that one of the key areas of control in the field of urban planning <br>is ensuring that the subjects of the latter comply with the norms of the legislation, <br>which includes the implementation of subjective obligations, technical and other <br>standards, rules and requirements for the implementation of relevant processes <br>and works, etc. Not only the correctness and completeness of the implementation <br>of legislative provisions is monitored, but also the fact of their compliance in <br>general, which allows to prevent situations of clearly illegal activity, for example, <br>construction in an unspecified place, neglect of the requirements for the <br>protection of cultural heritage, and so on. <br>It is emphasized that control during the implementation of urban planning <br>activities is aimed not only at verifying compliance with the provisions of the <br>legislation and technical norms, but also at ensuring the inviolability of key <br>human rights and freedoms. The implementation of processes in the field of urban <br>planning must meet general social interests, not create obstacles to the normal <br>use by each person of their constitutional powers, and so on. It is noted that systematic and comprehensive control over the preparation <br>for the construction of relevant architectural and other objects, as well as the <br>subsequent process of implementing construction works, is a guarantee of the <br>correctness and safety of the latter, the compliance of each of their stages with all <br>technical and legal requirements. </p>D.V. PETROSYANTS
Copyright (c) 2025 Д.В. ПЕТРОСЬЯНЦ
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https://vca.univd.edu.ua/index.php/vca/article/view/494Thu, 29 May 2025 00:00:00 +0300ON THE ISSUE OF IMPLEMENTING ARTIFICIAL INTELLIGENCE IN FORENSIC EXAMINATION DURING PRE-TRIAL INVESTIGATION OF CRIMINAL OFFENCES
https://vca.univd.edu.ua/index.php/vca/article/view/495
<p>The article states that artificial intelligence technologies allow for effective <br>analysis of statistical data, identification of patterns, and observation of current <br>trends that occur both at the level of crime and in the process of preventing and <br>combating it. <br>It is determined that artificial intelligence technologies have a special impact on forensic examinations during pre-trial investigation of criminal <br>offenses, allowing to simplify a number of routine processes, leaving the <br>organizing and corrective role for a person as a carrier of knowledge, special <br>experience, and creative thinking. <br>It is noted that artificial intelligence technologies have a special impact on <br>forensic examinations during pre-trial investigation of criminal offenses, allowing <br>to simplify a number of routine processes, leaving the organizing and corrective <br>role for a forensic expert, while allowing to instantly process large volumes of <br>texts, video and audio materials, images, tables, and graphs, minimizing the risk of <br>subjective errors. </p>O.O. POSASHKOV
Copyright (c) 2025 О.О. ПОСАШКОВ
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https://vca.univd.edu.ua/index.php/vca/article/view/495Thu, 29 May 2025 00:00:00 +0300INVOLVEMENT OF MINORS IN ILLEGAL ACTIVITIES: CRIMINOLOGY ANALYSIS OF QUANTITATIVE INDICATORS
https://vca.univd.edu.ua/index.php/vca/article/view/496
<p>The article is devoted to the criminological analysis of the quantitative measurement of the reproduction of criminal offenses provided for in Art. 304 of <br>the Criminal Code of Ukraine. It has been established that over the past ten years <br>in Ukraine there has been a general trend towards a statistically fixed and very <br>significant decrease in the studied category of crime. The absolute majority of <br>criminal offenses committed by minors are not the result of their involvement. <br>It has been revealed that the rate of decrease in officially registered cases of <br>involvement of minors in illegal activities is much higher than the rate of decrease <br>in the level of juvenile crime in general. This is also reflected in the decrease in the <br>proportion of criminal offenses committed by minors as a result of their <br>involvement by adults in the general array of criminal offenses of minors. The <br>average share of criminal offenses provided for in Art. 304 of the Criminal Code of <br>Ukraine, in relation to the array of those committed by minors or with their <br>participation, over a ten-year period was 5.1%. It is substantiated that the <br>discrepancies between the indicators of involvement of minors in illegal activities <br>and the crime of minors and with their participation in general are partly <br>explained by objective factors of the so-called "criminal emancipation", as well as <br>factors of latency of the mechanisms of involvement, which, in particular, are <br>modified in connection with the virtualization of social practices. <br>It is established that the percentage of latency of criminal offenses provided <br>for in Art. 304 of the Criminal Code of Ukraine is approximately 73.2%. </p>T.V. STAKHOVSKY
Copyright (c) 2025 Т.В. СТАХОВСЬКИЙ
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https://vca.univd.edu.ua/index.php/vca/article/view/496Thu, 29 May 2025 00:00:00 +0300GOALS AND FUNCTIONS OF CONTROL AND SUPERVISION OF FORESTRY MANAGEMENT IN UKRAINE
https://vca.univd.edu.ua/index.php/vca/article/view/497
<p>It is substantiated that the tasks of supervision and control over forestry <br>management in Ukraine are most expedient to be divided into two groups: <br>general and special. It is argued that the following are most expedient to include <br>in the general tasks: ensuring the legality of the functioning of the relevant sphere <br>of public life; checking the rational use of resources, primarily forest, as well as <br>other financial and material and technical instruments and means used in the <br>implementation of relevant activities; identifying and preventing offenses, as well <br>as establishing the conditions and factors that determine their occurrence; <br>ensuring the implementation of measures aimed at preventing offenses; assessing <br>the effectiveness of forestry management; ensuring the fulfillment of the rights <br>and obligations of forest users. <br>It is substantiated that the following are special tasks: identifying violations <br>of the boundaries of allocated areas, illegal timber export, use of forests without <br>permits; monitoring the qualitative and quantitative state of forests, including <br>their biodiversity; assessment of the legality of the use of forest resources, which <br>includes the analysis of permits, quotas, temporary use agreements; prevention of <br>degradation of forest ecosystems; assessment of the timeliness, completeness, <br>compliance of the species composition and quality of restoration of felled forests. <br>It is emphasized that functions characterize the external manifestation of <br>the practical activity of subjects that implement the tasks of supervision and <br>control in the studied sphere of social life. Their list includes: protective; law <br>enforcement; preventive; informational; educational.</p>V.Y. CHERNYAVSKY
Copyright (c) 2025 В.Є. ЧЕРНЯВСЬКИЙ
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https://vca.univd.edu.ua/index.php/vca/article/view/497Thu, 29 May 2025 00:00:00 +0300ENTREPRENEURIAL ACTIVITY IN UKRAINE AS AN OBJECT OF ADMINISTRATIVE AND LEGAL REGULATION
https://vca.univd.edu.ua/index.php/vca/article/view/507
<p>In the article has been highlighted the essence of entrepreneurial activity in <br>Ukraine as an object of administrative and legal regulation, which is an important <br>area of scientific research. It has been emphasized that entrepreneurial activity <br>serves as a driving force for economic growth and the state’s development, <br>playing a key role in generating the gross domestic product, attracting <br>investments, creating jobs, and improving the population’s standard of living. It <br>has been noted that entrepreneurship acts as a catalyst for innovation, promotes <br>scientific and technological progress, and modernizes production, ensuring the <br>competitiveness of Ukraine’s economy in the global market. In the context of <br>armed aggression against Ukraine and the implementation of a martial law <br>regime, significant challenges faced by entrepreneurs have been underscored, <br>including business relocation, the necessity of legal documentation, and <br>operational support. Attention has been also drawn to difficulties related to raider <br>attacks, legal disputes, inspections by controlling bodies, appealing decisions of <br>public authorities, and resolving labor conflicts. An analysis of the modern <br>administrative and legal mechanism for supporting entrepreneurship in Ukraine <br>has been conducted, emphasizing its importance for ensuring the state’s stability <br>and development. The essence of entrepreneurial activity has been defined <br>through the lens of administrative and legal regulation, which holds critical <br>importance for shaping effective state policy and ensuring Ukraine’s sustainable <br>economic development. Entrepreneurial activity has been proposed to be <br>understood as a type of economic activity based on regulatory legal provisions, <br>conducted independently, regularly, and at the risk of physical or legal entities, <br>aimed at generating profit, meeting societal needs, and achieving economic and <br>social results.</p>I.F. BABAIEV
Copyright (c) 2025 І.Ф. БАБАЄВ
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https://vca.univd.edu.ua/index.php/vca/article/view/507Thu, 29 May 2025 00:00:00 +0300TYPICAL METHODS OF COMMITTING CORRUPTION CRIMES COMBINED WITH OBTAINING ILLEGAL BENEFIT
https://vca.univd.edu.ua/index.php/vca/article/view/508
<p>The article emphasizes that corruption-related crimes involving illicit gain <br>are characterized by typical methods of preparation, direct commission, <br>concealment, and criminal technologies. The following typical methods of such <br>corruption-related crimes are identified and described: 1) preparation methods: <br>building connections (establishing and maintaining trust with officials who can <br>facilitate the implementation of a corruption scheme); document preparation <br>(falsification or creation of fake contracts, acts, or reports necessary to disguise <br>future criminal actions); identifying vulnerabilities in potential victims (analyzing <br>the financial or legal status of potential victims to later exploit these <br>circumstances in corruption schemes); scheme planning (developing an action <br>mechanism, including involving intermediaries, determining benefit transfer <br>channels or methods of legal disguise); 2) methods of direct commission: abuse of <br>official position (blocking legal processes, delaying permits, creating bureaucratic <br>obstacles, or providing unofficial preferences); psychological pressure <br>(manipulation, blackmail, hints of possible problems that force the victim to agree <br>to the perpetrator’s terms); masking as legal actions (using fictitious contracts, <br>"charitable contributions," fictitious employment, or false agreements); using intermediaries (involving third parties to complicate the identification of <br>perpetrators and the documentation of crimes); using the "corruption rent" <br>scheme (systematic receipt of benefits in the form of tariffs, percentages, or <br>monthly payments for obtaining services or avoiding obstacles); 3) methods of <br>concealment: falsification of accounting and reporting (making changes to <br>documents that hide the fact of illicit enrichment); destruction of evidence <br>(destruction of documents or material evidence that may indicate criminal <br>activity); transferring persons involved in the crime to other positions or <br>workplaces; staging legality (signing acts of acceptance-delivery for services or <br>completed works that were not actually provided); official forgery (creating <br>fictitious documents that conceal other crimes, e.g., abuse of power or bribery). </p>I.D. HAVRYLYUK
Copyright (c) 2025 І.Д. ГАВРИЛЮК
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https://vca.univd.edu.ua/index.php/vca/article/view/508Thu, 29 May 2025 00:00:00 +0300THE ROLE OF THE COURT IN THE SYSTEM OF SUBJECTS OF PREVENTION AND COUNTERACTION TO DOMESTIC VIOLENCE
https://vca.univd.edu.ua/index.php/vca/article/view/509
<p>Domestic violence is one of the most acute social problems, causing devastating consequences for victims and undermining the foundations of public <br>safety. Ukraine, assessing the scale of this threat and guided by international <br>standards, is actively developing a system for the prevention of and response to <br>domestic violence. This system involves coordinated efforts of numerous actors <br>— from law enforcement agencies and social services to civil society <br>organizations. Within this complex mechanism, the judiciary plays a central role, <br>as the court is the key link in ensuring the legal protection of victims, holding <br>perpetrators accountable, and restoring justice. The effectiveness of the system’s <br>functioning largely depends on how fully the court performs its functions, taking <br>into account the specificity and sensitivity of domestic violence cases, as well as <br>ensuring the prevention of re-victimization of the victims. <br>The article is dedicated to analyzing the role of the court as a key actor <br>within the system of prevention and response to domestic violence. The study <br>examines the court’s position among the authorized entities involved in domestic <br>violence prevention and response, as well as the particularities of its legal status. </p>N.P. KOROL, O.V. KOROL
Copyright (c) 2025 Н.П. КОРОЛЬ, О.В. КОРОЛЬ
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https://vca.univd.edu.ua/index.php/vca/article/view/509Thu, 29 May 2025 00:00:00 +0300TACTICAL AND PROCEDURAL FEATURES OF INTERROGATION OF A VICTIM DURING THE INVESTIGATION OF CRIMINAL OFFENSES PROVIDED FOR BY ARTICLE 156-1 OF THE CRIMINAL CODE OF UKRAINE
https://vca.univd.edu.ua/index.php/vca/article/view/510
<p>The article investigates the tactical and procedural features of interviewing <br>victims during the investigation of criminal offenses stipulated in Article 156-1 of <br>the Criminal Code of Ukraine, which is one of the most complex and sensitive <br>categories of crimes. It emphasizes that interviewing child victims significantly <br>differs from interviewing adults and requires a profound understanding of child <br>developmental psychology. The necessity of an individualized approach to <br>studying the personality of the interviewee is highlighted, specifically through <br>preliminary communication with the child involving a psychologist and conducted <br>in an informal setting. It is noted that this approach allows for identifying the <br>child's psychotype, emotional and psychological state, level of physiological and psychological development, as well as their willingness to cooperate. Particular <br>attention is paid to assessing the degree of psychological trauma and risks of <br>retraumatization during investigative actions, which is a priority in investigating <br>such crimes. The article elaborates on tactical techniques aimed at ensuring the <br>child's trust and comfort, such as creating a favorable atmosphere, using <br>accessible language, and avoiding leading or traumatizing questions. Emphasis is <br>placed on selecting the appropriate moment for the interview and minimizing its <br>duration. Procedural requirements for recording the child’s interview are <br>described. In addition to traditional protocoling, the importance and necessity of <br>video recording as the primary method of documenting testimony are <br>emphasized. In this context, the practical value and legal aspects of using the <br>"Green Room" methodology or the "Barnahus" model are examined. </p>Y.H. YATSIK
Copyright (c) 2025 Ю.Г. ЯЦИК
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https://vca.univd.edu.ua/index.php/vca/article/view/510Thu, 29 May 2025 00:00:00 +0300CONCEPT AND FEATURES OF EXTERNAL FORMS OF ASSESSMENT OF THE EFFICIENCY OF ENTREPRENEURIAL ACTIVITIES
https://vca.univd.edu.ua/index.php/vca/article/view/515
<p>The article is devoted to the study of the concept and features of external <br>forms of assessing the effectiveness of entrepreneurial activity. The author's <br>definition of the concept of "forms of assessing the effectiveness of <br>entrepreneurial activity" is given. The main features of the forms of assessing the <br>effectiveness of entrepreneurial activity are highlighted, such as: legal certainty of <br>assessment methods; analytical nature of procedures; effectiveness and <br>expediency; legality. Forms of assessing the effectiveness of entrepreneurial <br>activity are classified by the subject of assessment into internal and external <br>forms of implementation. It is established that external assessment of <br>effectiveness is an important tool for controlling and regulating entrepreneurial <br>activity, which also affects the investment attractiveness of a business entity. The <br>author's definition of the concept of "external forms of assessing the effectiveness <br>of entrepreneurial activity" is proposed. It is argued that external assessment of <br>the effectiveness of entrepreneurial activity is one of the legal forms of state <br>control, which is carried out within the framework of administrative and legal <br>regulation of the economy. It is proved that the results of business efficiency <br>assessment serve as a basis for making management decisions by public bodies <br>and may have legal consequences for business entities. The main features of <br>assessing the effectiveness of entrepreneurial activity are analyzed.</p>O.V. VAPLYARUK
Copyright (c) 2025 О.В. ВАПЛЯРУК
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https://vca.univd.edu.ua/index.php/vca/article/view/515Thu, 29 May 2025 00:00:00 +0300CYBERCRIME: CONCEPT AND SOCIO-LEGAL NATURE
https://vca.univd.edu.ua/index.php/vca/article/view/516
<p>The article is devoted to the analysis of the content of the concept and the <br>legal nature of cybercrime in the context of national legislation and international <br>law. to stop the adoption of the Law of Ukraine “On Basic Measures to Ensure <br>Cybersecurity of Ukraine” in 2017, which first defined the concept of “cybercrime”, the legislative formulation of liability for actions in cyberspace is <br>still the subject of scientific discussions. The provisions of the Budapest <br>Convention and national criminal legislation are studied, the questions of which <br>offenses can be classified as cybercrimes are analyzed. Attention is paid to both <br>the special norms of the Criminal Code of Ukraine (Chapter XVI) and the general <br>provisions in which the use of computer systems is optional. The article argues <br>that cybercrime is a special form of implementation of both traditional crimes in <br>the digital environment and an independent criminal and social phenomenon. </p>P.P. HALUSHKO
Copyright (c) 2025 П.П. ГАЛУШКО
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https://vca.univd.edu.ua/index.php/vca/article/view/516Thu, 29 May 2025 00:00:00 +0300DIRECTIONS OF PROVIDING PUBLIC SECURITY AND ORDER BY THE NATIONAL POLICE AT THE REGIONAL LEVEL
https://vca.univd.edu.ua/index.php/vca/article/view/517
<p>The article emphasizes that the basis for the identification of directions of <br>ensuring public safety and order by the police is their understanding within the <br>framework of a broad system, the smooth functioning of which requires the <br>implementation of a wide range of technical, informational and other measures, the <br>totality of which, provided that it is aimed at solving a specific problem issue, <br>constitutes a direction of provision. <br>It is determined that special attention should be paid to proper control <br>during the direct provision of public safety and order services. Such control is <br>primarily entrusted to the heads of district police departments (departments), their <br>deputies for preventive activities, and persons who perform their duties. The personal presence of this category of leaders is important both at briefings and <br>during the events themselves. <br>The direction of ensuring public order during mass gatherings of citizens is <br>considered. In the context of this direction, it is noted that it is important to <br>cultivate in Ukrainian society a special culture of behavior in places where citizens <br>gather. It is emphasized that in situations of high social tension, the ability of the <br>police to direct aggression or conflicting moods of significant groups of citizens in <br>a constructive direction depends on effective communication. </p>S.V. HUGNYAK
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https://vca.univd.edu.ua/index.php/vca/article/view/517Thu, 29 May 2025 00:00:00 +0300WAYS OF IMPLEMENTING FOREIGN EXPERIENCE IN LEGAL AND ORGANIZATIONAL SUPPORT OF ENTREPRENEURIAL ACTIVITIES IN THE SPHERE OF AGRICULTURE
https://vca.univd.edu.ua/index.php/vca/article/view/518
<p>Foreign experience in legal and organizational support for entrepreneurial <br>activity in the agricultural sector serves as a guideline for the modernization of <br>domestic agrarian policy. Its adaptation to Ukrainian conditions is one of the key <br>factors in ensuring economic stability, social development of rural areas and <br>further integration into the European space. <br>This article analyzes the experience of European countries in the context of <br>monitoring and transparent administration of state support for agricultural <br>producers, which is carried out at the expense of budgetary resources. We believe <br>that in Ukraine there is a need to create a separate body or department that <br>would carry out independent management and control over state spending in <br>agriculture, in particular regarding subsidies, grants, compensations, etc. In <br>addition, the need is emphasized to begin today to prepare the legislative and administrative framework necessary for the future implementation of CAP <br>mechanisms. This is not only about the general harmonization of the regulatory <br>framework with the EU acquis, but also about the development of laws and by-<br>laws that will regulate: procedures for providing, distributing and controlling <br>state support for agricultural producers, mechanisms for recording and verifying <br>data, creating electronic registers and digital platforms for administration, and <br>reporting and accountability systems for executive bodies. <br>The experience of creating various partnerships and networks is relevant, <br>which could become the basis for forming a stable legal and organizational <br>environment aimed at supporting agricultural innovations. Germany's experience <br>in creating agricultural cooperatives also looks interesting for Ukraine. The <br>transition from a narrow-sector to a unified approach in the legal regulation of <br>cooperatives seems promising, which would simplify law enforcement practice, <br>ensure greater integration into the European space, and create the prerequisites <br>for the sustainable development of the cooperative movement. <br>Also noteworthy is the experience of the United States in clearly planning <br>the strategic development of agriculture and taking these plans into account each <br>year in the state budget. </p>H.P. MAROSCHAK
Copyright (c) 2025 Г.П. МАРОЩАК
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https://vca.univd.edu.ua/index.php/vca/article/view/518Thu, 29 May 2025 00:00:00 +0300STATE OF LEGAL REGULATION ENSURING THE IMPLEMENTATION OF STATE POLICY ON THE DEVELOPMENT AND FUNCTIONING OF THE VIRTUAL ASSETS MARKET IN THE USA
https://vca.univd.edu.ua/index.php/vca/article/view/519
<p>The article is devoted to clarifying the current state of legal regulation <br>governing the implementation of state policy in relation to the development and <br>functioning of the virtual asset market in the United States. At present, the <br>principal legal instruments regulating this sector are the Internal Revenue Code <br>and the Infrastructure Investment and Jobs Act of 2021 (formally: An Act to <br>Authorize Funds for Federal-Aid Highways, Highway Safety Programmes, and <br>Transit Programmes, and for Other Purposes). These legislative instruments form <br>the basis upon which United States public administration bodies interpret <br>cryptocurrencies and other virtual assets not as legal tender, but as property – <br>that is, as electronically stored assets which may be acquired, disposed of, owned, <br>transferred, and exchanged. Nonetheless, as of late April 2025, the United States <br>lacks a comprehensive federal statutory framework that governs the legal status <br>of non-fungible tokens (NFTs), decentralised finance (DeFi) platforms, and <br>stablecoins. This regulatory lacuna persists despite a clear demonstration of <br>political will at the executive level, most notably articulated in Executive Order <br>14178 of 23 January 2025, which outlines the President’s commitment to the <br>development of a unified policy approach to virtual assets. However, no draft <br>federal law has yet been introduced that would offer a consolidated legal <br>definition of virtual assets – including their classification and typology – the legal <br>foundations for the operation and evolution of the virtual asset market, or the <br>delineation of powers between federal and state regulators tasked with enforcing <br>public policy in this domain. At the time of writing, two federal bills (the GENIUS <br>Act and the STABLE Act) are under consideration in the United States Congress. <br>These legislative proposals focus on the regulation and oversight of stablecoin-<br>related transactions and operations. Nevertheless, they fall short of resolving the <br>broader problems of legal uncertainty regarding both the overarching legal <br>regime applicable to the virtual asset market and the regulatory treatment of <br>stablecoins in particular. In this regard, it is concluded that, to date, the future <br>trajectory of legal reform intended to ensure the implementation of state policy <br>on the development and regulation of the virtual asset market in the United States <br>remains poorly defined and institutionally fragmented.</p>D.M. OLIYNIK
Copyright (c) 2025 Д.М. ОЛІЙНИК
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https://vca.univd.edu.ua/index.php/vca/article/view/519Thu, 29 May 2025 00:00:00 +0300TOWARDS THE DEFINITION OF THE CONCEPT OF ADMINISTRATIVE- LEGAL ACTIONS AGAINST OFFENSES IN THE SPHERE OF TAXATION IN UKRAINE
https://vca.univd.edu.ua/index.php/vca/article/view/520
<p>The article devoted to the importance of combating tax offenses, since not <br>only the filling of state and local budgets, financing of defense, social, educational, <br>medical, cultural spheres, infrastructure projects, as well as economic growth and quality of life of citizens depend on this. In real law enforcement conditions, a <br>whole range of tax offenses arise that require an appropriate response from the <br>state, in particular through mechanisms of administrative and legal counteraction. <br>The author defines the key features of any offense as: 1) social danger or harm; 2) <br>action as a form of manifestation; 3) illegality; 4) conscious and volitional nature. <br>At the same time, the content of offenses in the field of taxation, in addition to the <br>above features, is also characterized by a number of other features that are <br>determined by the peculiarities of financial legal relations. The author emphasizes <br>that offenses in the field of taxation have not only an economic, but also a social <br>and legal nature. They undermine the authority of state institutions, violate the <br>principles of justice and equality, create unequal conditions for business entities, <br>and provoke a general decline in legal culture. <br>Administrative and legal counteraction in the field of taxation plays a key <br>role in ensuring the proper level of tax discipline. It allows the state to effectively <br>counteract tax offenses without resorting to excessively repressive or slow <br>mechanisms, maintaining a balance between ensuring budget revenues and <br>respecting the rights of taxpayers. In the author's opinion, administrative and <br>legal counteraction to offenses in the field of taxation in Ukraine should be <br>considered as a set of organizational and legal measures implemented by <br>authorized state bodies in order to identify, prevent, stop, and legally respond to <br>facts of violation of tax legislation, by applying administrative influence measures <br>aimed at ensuring tax discipline, protecting public interests, and restoring the <br>violated financial and legal order. </p>O.S. YATSENKO
Copyright (c) 2025 О.С. ЯЦЕНКО
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https://vca.univd.edu.ua/index.php/vca/article/view/520Thu, 29 May 2025 00:00:00 +0300LEVELS, BOUNDARIES AND DIRECTIONS OF INTERACTION BETWEEN ENTITIES PERFORMING TASKS TO PROVIDE PUBLIC SAFETY AND ORDER
https://vca.univd.edu.ua/index.php/vca/article/view/528
<p>The article emphasizes that the levels of interaction form a hierarchical <br>structure of security process management from national to local. Their peculiarity <br>lies in the distribution of competencies, responsibilities and resources, as well as <br>in ensuring the coherence of strategic and tactical actions. <br>It is proven that the boundaries of interaction perform a regulatory <br>function, determining the legal and institutional framework of the activities of <br>each subject in the public security system. They allow avoiding conflicts of <br>jurisdiction, duplication of functions and irresponsibility, while at the same time <br>contributing to increasing the effectiveness of interaction. <br>It is argued that the directions of interaction reflect the content, methods <br>and specific forms of cooperation between subjects. They can cover a wide range <br>of actions – from information exchange, joint patrolling, preventive measures, to <br>exercises, anti-crisis planning and response to emergencies. <br>It is proven that the common feature of the boundaries, directions and <br>levels of interaction is that they constitute a holistic and interconnected structure. <br>Their division is conditional, since in practice they constantly intersect and <br>interact. This relationship determines the adaptability of the system, its ability to <br>self-regulate, respond quickly and plan strategically. That is why the principles of <br>systematicity, coordination, legal certainty, flexibility and responsibility should be <br>the basis of a successful security policy.</p>V.Y. YENA
Copyright (c) 2025 В.Ю. ЄНА
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https://vca.univd.edu.ua/index.php/vca/article/view/528Thu, 29 May 2025 00:00:00 +0300THE CONCEPT OF INTERACTION AND COORDINATION IN THE SPHERE OF LAW ENFORCEMENT ACTIVITIES AS AN OBJECT OF ADMINISTRATIVE AND LEGAL REGULATION
https://vca.univd.edu.ua/index.php/vca/article/view/529
<p>The article emphasizes that interaction in the field of law enforcement is a <br>connection between the actions of law enforcement entities, provided for by the <br>norms of current legislation, determined by the goals, conditions, tasks, as well as <br>the competence of law enforcement agencies, aimed at solving specific tasks <br>within the framework of the implementation of the law enforcement function of <br>the state. <br>Attention is drawn to the fundamental inexpediency of considering <br>separately interaction and separately coordination in the field of law enforcement <br>as objects of administrative and legal regulation, since they are closely related by <br>the scope of their application (law enforcement activities), the subjects of their <br>implementation (law enforcement agencies) and the goal - combating crime based <br>on the coordination of the activities of the relevant law enforcement agencies.</p>A.T. KOMZYUK, V.I. SHKINDYUK
Copyright (c) 2025 А.Т. КОМЗЮК, В.І. ШКІНДЮК
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https://vca.univd.edu.ua/index.php/vca/article/view/529Thu, 29 May 2025 00:00:00 +0300THE PHENOMENON OF THE JUDICIAL SYSTEM OF THE 21ST CENTURY: TRANSFORMATION, CHALLENGES AND PROSPECTS
https://vca.univd.edu.ua/index.php/vca/article/view/530
<p>The article examines the transformation of the judicial system in the <br>twenty-first century in the context of globalisation, digitalisation and social <br>change. The author proposes a comprehensive approach to the analysis of the <br>modern judicial system, covering three interrelated dimensions: institutional, <br>technological and socio-philosophical. Attention is focused on the transition from <br>formal legal positivism to the concept of ‘living constitutionalism’, which requires <br>a new role of the court as an active entity capable of protecting constitutional <br>values in the context of specific legal situations. <br>The article examines examples from the case law of the Constitutional Court <br>of Ukraine, the European Court of Human Rights, and the introduction of digital <br>justice tools, in particular, the Ukrainian system «E-Court». The author highlights <br>both the positive effects of digitalisation (reduction of case processing time, <br>increased transparency) and challenges (inequality of access, threat of <br>algorithmic bias, need for control over AI). <br>Particular attention is paid to the problem of judicial independence in the <br>face of political pressure. The author analyses international experience, including <br>the financial autonomy of courts and the selection of judges in Ukraine after the <br>2016 reform. It is concluded that institutional and procedural independence are <br>key factors of trust in the judiciary. <br>The study results in the formulation of a conceptual model of judicial <br>reform based on a combination of the rule of law, technological modernisation <br>and institutional autonomy. The article emphasises the need to strike a balance <br>between the efficiency of justice and the observance of fundamental rights, taking <br>into account the national context and international standards.</p>V.V. ROSSIKHIN, G.V. ROSSIKHIN
Copyright (c) 2025 В.В. РОССІХІН, Г.В. РОССІХІНА
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https://vca.univd.edu.ua/index.php/vca/article/view/530Thu, 29 May 2025 00:00:00 +0300ON ISSUES OF EVIDENCE EVALUATION IN CRIMINAL PROCEEDINGS UNDER MARTIAL STATE
https://vca.univd.edu.ua/index.php/vca/article/view/531
<p>The scientific article examines the features of evidence assessment in <br>criminal proceedings under the legal regime of martial law. The emphasis is on <br>the fact that evidence assessment is a separate element of the evidence process, <br>and therefore a type of specific activity of authorized participants in criminal <br>proceedings. Approaches that directly relate to the assessment of evidence in <br>different historical periods are studied, and the experience and criteria for <br>assessing evidence in some countries of the world community are also used. The <br>issue of defining the concept of "internal conviction" during the assessment of <br>evidence by an investigator, inquirer, prosecutor, investigating judge, and court in <br>criminal proceedings is considered. Given the above, we believe that the main <br>disadvantage of internal conviction is the influence of subjective and objective <br>factors on making relevant decisions in criminal proceedings. The author's vision <br>is set out on improving the procedure for assessing evidence, which is an <br>important factor for identifying occupiers involved in committing criminal <br>offenses and further fair justice.</p>S.A. CHIZH
Copyright (c) 2025 С.А. ЧИЖ
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https://vca.univd.edu.ua/index.php/vca/article/view/531Thu, 29 May 2025 00:00:00 +0300RIGHT TO COMPENSATION FOR DAMAGES: THEORY AND PRACTICE OF APPLICATION
https://vca.univd.edu.ua/index.php/vca/article/view/532
<p>The article is devoted to a comprehensive analysis of the right to <br>compensation for damage as a fundamental institution of the civil law of Ukraine. <br>The theoretical foundations of the right to compensation for damage, its legal <br>nature and place in the system of subjective civil rights are considered. It has been <br>established that the right to compensation for damage is a special subjective civil <br>right that arises in a person as a result of harm caused to him by unlawful or, in <br>cases provided for by law, lawful actions of other persons. It has been determined <br>that the right to compensation for damage is characterized by a number of specific <br>features. Firstly, this right is derivative in nature – it arises as a consequence of <br>the violation of other subjective rights of an individual. Secondly, this right is <br>compensatory in nature and is aimed at restoring the victim's property status. <br>Thirdly, the right to compensation for damage is absolute in nature – it can be <br>violated by any person and is subject to protection from any encroachment. <br>Understanding these specific features of the right to compensation allows for a <br>better understanding of the legal nature of the right to compensation for damage. <br>The article also analyzes the types of damage that are subject to compensation. It <br>was mentioned that traditionally there is a distinction between property and <br>moral damage, each of which has its own specific legal regulation. It is noted that <br>compensation for property and moral damage has a common problem that has <br>practical significance, namely: the difficulty of determining the exact amount of <br>compensation for damage. However, it is noted that the process of determining <br>the amount of damage that must be compensated is more complicated when it <br>comes to moral damage. Attention is drawn to the achievements of other <br>scientists who proposed ways to solve the problem of determining the amount of <br>compensation for moral damage. The article also analyzes the conditions for the <br>emergence of the right to compensation and the features of its implementation. <br>Particular attention is paid to judicial practice regarding the application of norms <br>on compensation for damage, in particular, the issues of determining the amount <br>of damage, proving causality, and the features of compensation for moral damage.</p>N.V. STEPANENKO, V.V. KOROLOVA
Copyright (c) 2025 В.В. КОРОЛЬОВА
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https://vca.univd.edu.ua/index.php/vca/article/view/532Thu, 29 May 2025 00:00:00 +0300CRIMINAL ANALYSIS OF WAYS OF INVOLVING MINORS IN ILLEGAL ACTIVITIES: FROM TRADITIONAL PRACTICES TO CYBERCRIME
https://vca.univd.edu.ua/index.php/vca/article/view/533
<p>The article is devoted to the main ways of involving minors in illegal <br>activities, in drunkenness, in begging, in gambling. Emphasis is placed on the <br>possibility of their conditional division into two groups: those related and those <br>not related to the use of violence or the threat of its use. Attention is focused on <br>the choice by the offender of predominantly non-violent methods of involvement <br>due to the peculiarities of the child's psyche, the ability to suggestibility, and <br>vulnerability to negative influence from adults. It has been determined that the <br>most common method of involvement in illegal activity is a proposal to commit a <br>criminal offense, combined with psychological influence on a minor in order to <br>arouse in him a conscious desire to engage in illegal activity. <br>The active involvement of minors in criminal practices using the Internet, <br>social networks, messengers and other online communication tools is <br>emphasized. It has been established that this type of activity has become most <br>widespread in connection with active military operations on the territory of <br>Ukraine and the involvement of minors in politically motivated crimes related to <br>intelligence, sabotage, terrorist and propaganda activities. <br>The importance of studying the method of committing the involvement of <br>minors in illegal activities as an interdisciplinary category studied within the <br>framework of criminal law, forensics, criminology, operational and investigative <br>activities, and legal psychology, as a basis for the formation of theoretical and <br>practical recommendations for timely detection, high-quality investigation, <br>effective prevention, and counteraction to the involvement of minors in illegal <br>activities, is summarized.</p>I.H. LUTSENKO, T.A. SHEVCHUK, A.M. YASHCHENKO
Copyright (c) 2025 І.Г. ЛУЦЕНКО, Т.А. ШЕВЧУК, А.М. ЯЩЕНКО
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https://vca.univd.edu.ua/index.php/vca/article/view/533Thu, 29 May 2025 00:00:00 +0300CANINE (К9) SUPPORT OF THE ACTIVITIES OF THE STATE CUSTOMS SERVICE OF UKRAINE
https://vca.univd.edu.ua/index.php/vca/article/view/535
<p>The article analyzes the regulatory and legal support for the activities of <br>canine units of the State Customs Service of Ukraine. Particular attention is paid to <br>the standardization of work and mechanisms for involving canine teams in the <br>implementation of the tasks of the State Customs Service of Ukraine in the field of <br>combating smuggling and ensuring the proper implementation of customs <br>control. The features of the training and activity of service dogs are determined, <br>which distinguish the state and level of canine support of the activities of customs <br>authorities from the canine support of other law enforcement agencies. It is <br>emphasized that the development of technologies is not able to compete with the <br>abilities of service dogs, which currently remain the most effective and efficient <br>means of detecting facts of illegal movement of goods across the state border. It is <br>also noted that, unlike other law enforcement agencies, the activities in the field of <br>canine support in the State Customs Service of Ukraine, among other things, arefocused on the service dog, which acts as a «partner» in the «canine handler-dog» <br>relationship. It is emphasized that the burden on canine teams currently remains <br>a problematic issue, which is primarily related to the legal regime of martial law.</p>V.S. SELIUKOV
Copyright (c) 2025 В.С. СЕЛЮКОВ
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https://vca.univd.edu.ua/index.php/vca/article/view/535Thu, 29 May 2025 00:00:00 +0300STATE OF SCIENTIFIC RESEARCH ON THE PROCEDURAL STATUS OF DEFENDANT IN CRIMINAL PROCEEDINGS
https://vca.univd.edu.ua/index.php/vca/article/view/536
<p>The article emphasizes that the issue of the procedural status of the <br>defender in criminal proceedings occupies a special place in Ukrainian criminal <br>procedure science. This is because the effective realization of the right to a <br>defense, as enshrined both in the Constitution of Ukraine and in international <br>human rights acts, depends on the correct definition and understanding of this <br>participant’s legal position. It is highlighted that amidst the current challenges <br>brought about by criminal justice reform, dynamic legislative changes, and <br>transformations caused by socio-political processes, the matter of determining <br>and securing the procedural status of the defender remains relevant for both <br>theorists and practitioners. The text points out the special importance of a <br>systematic analysis of the current state of academic research, the classification of <br>approaches, and the identification of problematic aspects that require further <br>study and generalization. It is emphasized that synthesizing information from <br>various sources, organizing it by thematic sections, and conducting a critical <br>analysis not only delineates the current level of development of the topic, but also <br>clearly defines directions for further research and improvement of the regulatory <br>framework for the defender’s procedural status in criminal proceedings. The <br>assessment of research on the procedural status of the defender in criminal proceedings was carried out by studying scientific information found in the <br>following academic sources: monographic works, including dissertations, <br>abstracts, single-author and/or collective monographs; periodicals and materials <br>of conferences, round tables, etc.; and educational literature. The scholarly works <br>were categorized according to the scope of the issues under study (thematic <br>content), specifically: works on theoretical and praxeological aspects—definition <br>of subjects of criminal proceedings, their systematization and regulation of their <br>activities; provision and realization of the right to a defense in criminal <br>proceedings; access to legal assistance in criminal proceedings; regulation of the <br>procedural status of the defender in criminal proceedings and ensuring their <br>participation in criminal process; and the features of exercising the procedural <br>status of the defender in certain types of criminal proceedings. </p>O.S. SHADRIN
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https://vca.univd.edu.ua/index.php/vca/article/view/536Thu, 29 May 2025 00:00:00 +0300DIRECTIONS OF INTERACTION BETWEEN SUBJECTS OF COMBATING CRIMINAL OFFENSES IN UKRAINE
https://vca.univd.edu.ua/index.php/vca/article/view/540
<p>The article emphasizes that the areas of interaction are a key substantive element of the modern system of combating crime, since they provide targeted, meaningful, flexible and adaptive cooperation between subjects in order to achieve specific results - prevention, detection, documentation, disclosure and investigation of criminal offenses. They determine the practical scope of the implementation of powers, combine resources and competencies of various institutions, allow for a coordinated response to dynamic criminogenic challenges and contribute to the effective implementation of national and international criminal law policy. <br>It is argued that among the most distinct unique features of the areas, it is worth highlighting their substantive specificity, operational nature, ability to quickly adapt to new threats, openness to the involvement of non-state actors, innovation and interdepartmental integration. Due to these characteristics, directions become not just forms of organizing work, but real catalysts of change in the system of combating crime, through which modern practices, the latest digital solutions, international standards and approaches to working with vulnerable categories of the population are introduced. <br>The emphasis is on the fact that directions of interaction between subjects of combating criminal offenses are a fundamental structural unit of the functioning of the entire criminal justice system, which directly affects the effectiveness of law enforcement activities, the level of protection of human rights, public trust in institutions and the ability of the state to perform its security functions.</p>V.V. KOZAR
Copyright (c) 2025 В.В. КОЗАР
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https://vca.univd.edu.ua/index.php/vca/article/view/540Mon, 24 Mar 2025 00:00:00 +0200DIRECTIONS OF INTERACTION OF THE INVESTIGATIVE AND OPERATIONAL GROUP OF THE NATIONAL POLICE WITH OTHER ENTITIES INVESTIGATING CRIMINAL OFFENSES
https://vca.univd.edu.ua/index.php/vca/article/view/542
<p>The article emphasizes that the interaction of the investigative and operational group of the National Police with other subjects of criminal investigation is based on a system of special directions that distinguish it as a specific, multifaceted and systemic activity aimed at achieving clearly expressed results. <br>It is proven that the direction that is currently gaining priority is interaction in martial law. In such conditions, the activities of the investigative and operational group of the National Police with other subjects of criminal investigation are built in fundamentally new security realities, where, along with the direct tasks of combating crime, ensuring public safety and order, etc., specific challenges related to the elimination of the consequences of enemy attacks, as well as preparation for such potentially possible attacks, can constantly occur. <br>It was established that in the process of organizing the service of police officers as part of the investigative and operational group, it is necessary to take into account the difficulty in reaching the place of duty, getting in touch during a blackout, and satisfying the basic needs of personnel in food, water, etc. in martial law. In this context, the head of the territorial unit is entrusted with an important role as a manager who is able to solve these problems in conditions of limited resources. It was emphasized that another direction of interaction of the investigative and operational group of the National Police with other entities is interaction in the process of investigating certain categories of criminal offenses. <br>Currently, investigative and operational groups are faced with the need for special organizational approaches to the investigation not only of offenses committed against life, health, sexual freedom and sexual integrity of a person, including high- profile ones, but also of a whole range of offenses generated by the security realities of martial law. Thus, in the process of searching for a person who has gone missing under special circumstances, a key role is assigned to investigative and operational groups. </p>O.O. HUIVAN
Copyright (c) 2025 О.О. ГУЙВАН
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https://vca.univd.edu.ua/index.php/vca/article/view/542Thu, 29 May 2025 00:00:00 +0300THE CONCEPT OF ADMINISTRATIVE INSTRUMENTS FOR ENSURING THE TERRITORIAL DEFENSE OF UKRAINE
https://vca.univd.edu.ua/index.php/vca/article/view/543
<p>Attention is drawn to the fact that an administrative instrument should be understood as a complex concept that combines forms and methods (ways) of implementing public administration. A public administration instrument is a tool for the exercise of the will of power by authorized bodies and officials and ensuring its proper implementation. The presence of such instruments, on the one hand, provides the subjects of administration with real opportunities for appropriate managerial influence on certain social relations and processes, and on the other hand, is an important condition for ensuring legality, since these forms oblige the holders of authority to exercise the latter in appropriate forms and in the prescribed manner (ways) in order to prevent arbitrariness and abuse of power. <br>It was found that the administrative instruments for ensuring the territorial defense of Ukraine are a set of homogeneous actions of public administration bodies, carried out in the forms and ways determined by current legislation, aimed at exercising managerial influence on public relations in the field of ensuring territorial defense in order to effectively achieve the goals of national resistance. <br>It is emphasized that the list of relevant instruments is proposed to include: regulatory and legal acts; administrative act; administrative agreement; planning; coordination; control. The effectiveness of these administrative instruments depends on a number of conditions and factors, and primarily on the state of their regulatory and legal basis (i.e., the quality of legislative regulation) and on the professionalism and responsibility of the personnel who actually implement these instruments in practice. </p>V.M. ZAGYKA
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https://vca.univd.edu.ua/index.php/vca/article/view/543Thu, 29 May 2025 00:00:00 +0300