Issues

Contents

A chronicle of Ukrainian political and legal thought. On the occasion of the publication of the 100th issue of the collection of scholarly papers 'State and Law' 3 Lavryk Halyna, Bannyi Ihor. Theoretical and methodological approaches to understanding the legal basis for banning political parties in Ukraine through the prism of the concept of militant democracy 6 Novitskyi Vladyslav. The doctrinal foundations of the institute of judicial discretion in legal theory 18 Verkhoturova Mariana. Ensuring terminological consistency of the norms of Ukrainian and European regulatory legal acts in the field of circulation of firearms, which are classified as antique 34 Skrypniuk Oleksandr, Bezzubov Dmytro. Effectiveology in constitutional and administrative law 44 Panchyshyn Ruslan. Corporate rights of persons authorised to perform local self-government functions: issues of constitutional and civil law regulation 61 Marchuk Maryna. Legal nature of qualifications in constitutional law 73 Banchuk Oleksandr. The administrative delict law of East-European member states of EU 84 Isaieva Natalia. Legal regulation of taxation in Ukraine during the war and post-war period: current problems and directions for their solution 99 Kysil Liudmyla. Guarantees of the implementation of the administrative legal personality of the executive authorities of Ukraine under the legal regime of martial law 109 Tymoshchuk Viktor. Forced enforcement of administrative acts: novels and challenges 127 Ustymenko Andrii. The current state of legal regulation of issuing permits for the placement, construction, reconstruction, and operation of objects within the right-of-way of public roads 140 Astreiko Viktoriia. Mediation as an object of administrative-legal regulation 153 Yuriiev Vladyslav. Reintegration of the tax compromise as a contractual method of tax dispute resolution in Ukraine 168 Tymchenko Gennadiy, Nikolaievskyi Dmytro. The infrastructure readiness of the judicial system as a prerequisite for the effective implementation of artificial intelligence in the justice system 181 Armash Nadiia. Civil legal status of a consulting engineer 193 Klymenko Oksana. Principles of private law in the updated Draft Civil Code of Ukraine 209 Venetska Maryna. Questions of changing the price of public procurement contracts 228 Zadnepriana-Korinna Mariana, Korenniy Sergiy. Legal instruments for safeguarding the rights of commercial entities as factors of state economic stability and investment attractiveness 239 Morozova Stella. The right to housing in war conditions: do housing certificates ensure effective restoration of violated rights 251 Goretsky Oleg. Structure and key vectors of research into access to justice in civil cases 264 Avramenko Dmytro. Some issues of evidence in disputes arising from insurance contracts 275 Lukyanchenko Danilo. The development of the principle of openness in civil proceedings in Ukraine 286 Mammadov Anar. The dispute over civil law as a system-forming category of civil proceedings 298 Pylypenko Serhiy. Procedural forms for establishing the facts of a case in Roman law 309 Zahynei-Zabolotenko Zoya. International humanitarian law and current case law in criminal proceedings concerning war crimes in national courts 321 Siryi Mykola. International legal cooperation in the field of criminal justice in times of war 333 Fedytnyk Vasyl. Legal opinions of the Supreme Court on criminal law: synergy or disharmony with criminal law doctrine 345 Overchuk Serhii. Criminal law restitution of the legal order in transitional justice: antinomy of legitimate expectations and the anti-impunity imperative 358 Anishchuk Viktoriia. Ukraine's national security as a subject of criminal law protection: statement of the problem 374 Gatseliuk Vitalii. Criminalization of socially dangerous acts as one of the regulatory means of criminal legal policy 384 Grygorenko Iurii. Methods, techniques and means of protecting client rights in advocacy subject to primary financial monitoring 397 Yermak Valentyn. Punishment in the form of deprivation of the right to hold certain positions or engage in certain activities: prospects for legislative regulation in the context of approximation of criminal legislation to the EU acquis 406 Pylypets Anton. Educational propaganda in temporarily occupied territories: an analysis of case law 419 Kulynych Pavlo. The right to land in the context of state support for combatants in Ukraine: problems and prospects 431 Yaremak Zoryana. Environmental and law status of publicity: genesis of the institute and strategic development priorities 447 Kresin Oleksiy. The problem of compliance with international law of the status of indigenous peoples in the legislation of Ukraine 458 Tarasyuk Volodymyr. The crisis of Western civilization: structural parallels between the decline of the Roman Empire and contemporary destructive processes in the Western world 476 Koziienko Oleksandr. Reconsidering the phenomenon of humanism in the context of the socio-political development of modern Ukraine 500 Biletskyi Pavlo. Information war as a component of hybrid aggression: research methodology 510 Verkhovtseva Iryna, Tretiak Oleksii, Stavchenko Serhii, Alekseenko Ihor. Political and socio-informational sustainability in the digital age: local potential of cyberdiplomacy 520 Patalakha Valerii, Khoma Nataliia. National consolidation in the context of Ukraine's post-war reconstruction: the impact of socio-economic factors 532 Perehuda Ievgen, Stetsenko Svitlana, Baieva Iuliia. The political doctrine of conservatism: problems of identification 552 Marchenko Yuriy. The role of civil organizations in forming state policy in Ukraine: challenges of martial state 563 Perehuda Ievgen, Semko Vadim. Views of the left-wing parties of Ukraine on the national question (late 20th – early 21st centuries) 582 Kovalchuk Artur. Strategic priorities of Ukraine's security policy in the field of environmental protection: the context of postwar reconstruction 597 Nazarenko Igor. U.S. strategic priorities in the Arctic region: contemporary dimension 610 Pakhomov Ruslan. Digital transformation of the judiciary under the influence of global political, legal, and technological factors 621 Vitman Kostantyn. The model of the state of autonomies in Spain against the background of the ethno-consociational model of Bosnia and Herzegovina 639 Zhovnirchik Yaroslav. Organizational and institutional principles of project management for the development of a territorial community in the public administration system 654 Buryk Zorana. Legal framework for promoting sustainable development in Ukraine 667 Koroied Serhii. Problems of implementing the mechanism for protecting the rights of a good faith purchaser of property in civil proceedings 678 Horai Oleh. Public opinion on security as a social indicator of the realization of human rights 689

Contents

Onishchenko Natalia, Bulkat Maryna. On the issue of the information (communicative) function of the judiciary: theoretical and legal foundations 4 Tymoshenko Vira. Philosophical foundations of criminological research 31 Novitskyi Vladyslav. Ways and methods of improving the institute of legal discretion in Ukraine 41 Verkhoturova Mariana. The paradigm of legal regulation of the circulation of weapons in the sources of law in Ukraine from the 10th century till 1765 58 Klymenko Oksana, Neskorodzhena Larysa. Res judicata and permissible derogations in the context of the concept of effective justice and the case law of the ECHR 69 Horai Oleg. The interrelationship between the concepts of "human rights" and "national security": constitutional and legal substitution 86 Bezzubov Dmytro. Public administration in the content of the subject of modern administrative law 100 Kysil Ludmyla. Normative grounds for the transformation of the administrative legal personality of the executive authorities of Ukraine under the legal regime of martial law 119 Isaieva Natalia. Taxpayers' rights: ensuring compliance in the context of improving the legal principles of the tax system of Ukraine in the conditions of martial law and the post-war period 151 Tymchenko Hennadii, Krasovskyi Oleh. The relationship between good faith and civil procedural duty 161 Koroied Serhii. Assessment of the effectiveness of the legislative mechanism for protecting property rights to real estate objects that will be constructed in the future (objects under construction) 171 Fursa Svitlana. The procedure for cassation review of court decisions in civil cases: topical issues of theory, legislation and practice 186 Armash Nadiia. Implementation of legal norms in the conditions of public-private interaction 199 Kucherina Bogdan. The emergence and development of the principle of good faith in the course of codification of civil legislation in Ukrainian lands 211 Mammadov Anar. Lawsuit as a fundamental institution of civil procedural law: legal nature, evolution, and significance for the modern form of legal protection 221 Popadiuk Igor. Correlation of the norms on the alienation of privately owned real estate for public needs with the general principles of civil legislation 231 Zahynei-Zabolotenko Zoya, Chapliuk Oksana. Specific problems in granting the status of a children affected by war and armed conflict: analysis of court practice 247 Dereviahin Oleksii, Hromovych Artem. Operational support of international search and extradition of persons who committed property criminal offenses: conflicts of legislation and ways to overcome them 260 Fedytnyk Vasyl. Approaches to understanding the grounds for exemption from criminal liability provided for in Part 4 of Article 309 of the Criminal Code of Ukraine in the legal positions of the Supreme Court 270 Fediunin Dmytro. Criminal law concept of fraud as a type of illegal behavior 282 Kharchenko Igor. On the problem of implementing the european model of responsibility for illegal crossing of the state border in war conditions in Ukraine 294 Ulyhanets Viktoria. Epistemological gap in combating female genitalia mutilation practice: international legal and legal anthropological dimensions 308 Strilets Bohdan. Terminological and substantive discrepancies in Ukraine's and EU's approaches to the legal nature of cryptocurrencies 321 Kresina Iryna. Truth and justice commissions as a tool for ensuring human rights by the state in the context of the Russian-Ukrainian war 342 Stoiko Olena. Digital technologies in the context of human rights protection under martial law 367 Kukuruz Oksana. The political-diplomatic function of the Verkhovna Rada of Ukraine in the sphere of human rights during the Russian-Ukrainian war 386 Zgurska Valentina. The impact of populism on different types of democracy 398 Patalakha Valerii. Normative and systemic approaches to understanding social consolidation 409 But Sergii. Artificial intelligence as a tool to counter political disinformation and information operations 420 Zhovnirchyk Yaroslav. Institutional mechanisms of public administration regarding the protection of human rights and freedoms under martial law in Ukraine 436