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  • New
  • Research Article
  • 10.24144/2788-6018.2026.02.3.48
Good faith in negotiations on FRAND licences for standard essential patents (SEPs): approaches of the courts of England and Wales (2024–2025) in an international law context
  • Apr 28, 2026
  • Analytical and Comparative Jurisprudence
  • A O Polikarpov

The article analyses good faith as a legal criterion in negotiations on licences for standard essential patents (SEPs) on FRAND (fair, reasonable and non-discriminatory) terms. The relevance of the topic follows from the transnational nature of technical standards: standards are developed within international and regional standardisation environments, while SEP holders’ FRAND undertakings arise from the policies of standard-setting organisations and affect access to technology in global markets. The study aims to identify how the courts of England and Wales (2024–2025) assess good faith in FRAND negotiations and how this concept is used when courts address typical cross-border features of SEP disputes: parallel proceedings in multiple states, risks of procedural abuse, and the use of injunction threats as negotiation leverage. The methodology combines formal legal analysis with case studies based on Panasonic v Xiaomi (EWCA Civ, 2024), Samsung v ZTE (EWHC Patents, 2025), Tesla v InterDigital (Court of Appeal, 2025), and related context on global FRAND licences. It also clarifies how English courts translate the ETSI undertaking into an operational legal test for negotiation conduct and for the assessment of procedural behaviour in parallel proceedings. The article shows that good faith is treated as part of the performance of the ETSI undertaking; the courts proceed from the ETSI IPR Policy as the source of the FRAND undertaking and emphasise that good faith is fact-sensitive and must be assessed in light of the parties’ actual conduct. The analysis demonstrates that courts do not limit good-faith assessment to correspondence; they also examine procedural steps and their impact on the cross-border dispute, particularly in situations of competing fora. The findings are relevant for international legal analysis of technology licensing in the digital economy and for understanding how private ordering in standardisation interacts with national judicial remedies, and may inform comparative debate in jurisdictions developing SEP enforcement frameworks. The conclusions are of practical value for litigants and counsel.

  • New
  • Research Article
  • 10.24144/2788-6018.2026.02.3.37
IRENA’s activities in coordinating international cooperation to promote renewable energy sources
  • Apr 28, 2026
  • Analytical and Comparative Jurisprudence
  • S D Bilotskyi

The article is devoted to the study of the activities of the International Renewable Energy Agency (IRENA) as a key coordinator of international cooperation in the field of renewable energy promotion. The relevance of the topic is determined by Ukraine’s membership in IRENA and the need to fulfill decarbonization commitments in the context of European integration. The purpose of the article is to identify and provide a legal analysis of practical mechanisms for supporting renewable energy sources (RES) in IRENA’s activities in cooperation with other international subjects. The statutory provisions of the organization, its work programs, and the evolution of practical activities from 2014 to 2025 are analyzed. Three key areas of IRENA’s activity at the initial stage are identified: knowledge management and technical cooperation, advisory services and capacity building, innovation and technology. Special attention is paid to modern forms of partnership, which have significantly expanded and become multi-actor. Examples of IRENA’s interaction with UN system bodies (UN Framework Convention on Climate Change, UN-Habitat, UN Department of Operational Support), regional organizations (RCREEE, SIDS DOCK, SACREEE), development banks (EBRD, African Development Bank, Inter-American Development Bank) and private corporations (Eni, Snam) are examined in detail. It is concluded that IRENA demonstrates the flexibility of modern international institutional law, expanding its influence not through formal amendment of the statute, but through the conclusion of numerous cooperation agreements (memoranda of understanding, framework agreements, partnership agreements). The Agency acts as a kind of «institutional hub» that combines the efforts of states, international organizations, financial institutions, the private sector and the scientific community to achieve the goals of sustainable energy development. The practical significance of the study lies in the possibility of using its results to improve Ukraine’s participation in IRENA’s activities and implement best practices for promoting RES.

  • New
  • Research Article
  • 10.24144/2788-6018.2026.02.3.15
Tactical interaction of law enforcement officers during the detention of an armed offender through the prism of ensuring human rights
  • Apr 28, 2026
  • Analytical and Comparative Jurisprudence
  • M I Krasko

The article provides a comprehensive theoretical and applied study of tactical interaction among law enforcement officers during operations to detain armed offenders within the framework of strict compliance with international human rights standards. The relevance of the topic is determined by the current security situation in Ukraine, characterized by a significant saturation of the civilian environment with firearms and explosive devices as a result of the armed aggression of the Russian Federation. It is emphasized that the detention of an armed person is a situation of the highest degree of risk, where even a minor tactical error leads to an unlawful encroachment on fundamental rights – the right to life and personal inviolability. The research details the concept of «tactical interaction» as a system of coordinated and interdependent actions aimed at neutralizing a threat with the minimum possible level of physical impact. The «Contact/Cover» concept is analyzed through the prism of human rights activities. It is proved that a clear distribution of roles allows the «contact» officer to focus on verbal de-escalation, while the «covering» officer ensures the security of the perimeter, which together creates psychological prerequisites for the offender’s surrender without the use of firearms. Special attention is paid to the ECHR practice (cases «Makaratzis v. Greece», «Nachmanova v. the Czech Republic»), which forms the criteria of «absolute necessity» and «proportionality» of the use of force. The author argues that violations of the rights to personal inviolability are often a consequence of tactical miscalculations (improper encirclement, lack of cover) rather than deliberate intent. Algorithms for minimizing injuries are identified: the use of safety zones, «hand zone» control, and the use of tactical lighting. Firearms training is separately considered as a component of ensuring human rights. The author supports the thesis that confident mastery of weapons and threat identification skills prevent accidental casualties among the civilian population. The role of body-worn cameras in ensuring the transparency of tactical actions and protecting police officers from groundless accusations is investigated. It is concluded that the modern training model should be based on the «right to life above all» philosophy. Recommendations have been formulated regarding amendments to training programs in terms of studying tactical medicine and the psychology of crisis communications as mandatory elements of a successful detention without violating human rights.

  • Research Article
  • 10.24144/2788-6018.2026.02.2.58
Unauthorized absence from service as a form of evasion of the duty to defend the country amid ongoing war: organizational-legal aspects
  • Apr 17, 2026
  • Analytical and Comparative Jurisprudence
  • M M Koba

The article provides a comprehensive analysis of unauthorized absence from military service (UA) within the Defense Forces of Ukraine as a form of mass evasion from the duty of national defense. The focus is placed on the organizational and legal nature, motivations, and dysfunctions that transform this violation into a systemic threat to combat capability. It is argued that the full-scale aggression against Ukraine, the scope of mobilization, and the intensity of combat operations have turned unauthorized absence into a widespread form of evading participation in the country’s defense. The study demonstrates that the current model of legal regulation and organization of service in the Defense Forces of Ukraine is not adapted to a protracted war, causing multiple dysfunctions: prolonged stay at the frontline without rotations, weak moral and psychological support, uneven workload distribution, family and medical crises, and a low rate of return after unauthorized absence. The scientific basis of the work is an original survey of servicemembers in the Donetsk operational area (2025–2026), which revealed the ambivalence of motivations behind unauthorized absence: provocative factors (exhaustion, lack of rotations, interpersonal conflicts, family or health issues) versus restraining ones (honor, solidarity, punishment, family). It is shown that legislative changes in 2024–2025 have created a “window of opportunity” for voluntary return after unauthorized absence, yet they fail to address the systemic prevention of its causes. The combination of strict sanctions and mitigated responsibility for first-time offenders creates a motivational environment that requires clear organizational and legal regulation. The study emphasizes that unauthorized absence during an ongoing war cannot be viewed solely as an individual deviation or a manifestation of personal indiscipline. Based on empirical data and analysis of other researchers’ findings, the article substantiates the thesis that unauthorized absence represents a systemic reaction of part of the personnel to a combination of managerial, organizational, and socio-psychological factors. The results can be used to update regulatory acts, develop internal service organization standards, design commander training programs, and shape a comprehensive policy for preventing unauthorized absence - both as a threat to defense capability and as a mechanism of mass evasion from the constitutional duty to defend the state.

  • Research Article
  • 10.24144/2788-6018.2026.02.2.20
Use of artificial intelligence in the educational process: legal limits and academic integrity
  • Apr 17, 2026
  • Analytical and Comparative Jurisprudence
  • N Dobrianska

The article is devoted to a comprehensive legal analysis of the use of artificial intelligence technologies in the educational process of higher education institutions of Ukraine through the prism of the principles of academic integrity. The author conducted a thorough analysis of the provisions of the laws of Ukraine «On Education», «On Academic Integrity» and other legislative acts in terms of defining the concepts of academic plagiarism, self-plagiarism, fabrication and falsification, as well as norms regarding authorship and intellectual property objects. The legal aspects of the issue of whether a result created using artificial intelligence can be recognized as an object of copyright, and who is the subject of intellectual property rights in the case of the use of algorithmic systems are investigated. Special attention is paid to the problem of identifying violations of academic integrity when using generative models and proving the fact of dishonest behavior. It is substantiated that the current legislation of Ukraine does not contain special norms that would directly regulate the use of artificial intelligence in educational activities, which creates gaps in law enforcement and requires the development of clear internal policies of higher education institutions. A distinction is proposed between the permissible use of artificial intelligence as an auxiliary tool (similar to reference resources) and the unacceptable one - when the technology actually replaces the individual intellectual activity of the student. The need for regulatory consolidation of the obligation to declare the use of artificial intelligence systems during the performance of educational and scientific work is emphasized. Based on the conducted scientific and legal analysis, it is concluded that effective legal regulation of the use of artificial intelligence technologies in the educational process should be based on a combination of the principles of the rule of law, legal certainty and academic freedom. It has been proven that the introduction of clear criteria for the admissibility of the use of artificial intelligence will help ensure a balance between the innovative development of the educational environment and the preservation of the principles of academic integrity in Ukraine.

  • Research Article
  • 10.24144/2788-6018.2026.02.2.29
Legal basis for cooperation between the National Police of Ukraine and Territorial Recruitment and Social Support Centers in the administrative detention and delivery of persons for violations of mobilization legislation
  • Apr 17, 2026
  • Analytical and Comparative Jurisprudence
  • I O Umrykhina + 2 more

The article provides a comprehensive analysis of problematic aspects of legal regulation of proceedings in cases of violation of military registration rules, focusing on the interaction between the National Police of Ukraine and the TCC and SP when applying administrative coercive measures. The article examines the regulatory framework for the jurisdictional activities of the TCC and the SP, the specifics of their powers to consider cases of administrative offenses provided for in Articles 210 and 210-1 of the Code of Administrative Offenses, and analyzed legislative innovations related to the possibility of issuing a decision on the imposition of an administrative penalty without drawing up a protocol. It is argued that such a transformation of the procedural form, despite its focus on the efficiency of administrative response, creates risks for the realization of a person’s right to defense and expands the limits of the discretionary powers of officials of the TCC and the SP. Particular attention is paid to the study of procedures for the administrative detention and delivery of persons who have violated military registration rules and mobilization legislation. It has been established that the current model of interagency cooperation between the police, the TCC, and the SP is characterized by insufficient regulatory consistency between the provisions of the Code of Administrative Offenses, subordinate acts of the Cabinet of Ministers of Ukraine, and departmental instructions. It has been proven that such inconsistency creates legal uncertainty regarding the grounds, limits, and duration of the application of coercive measures, as well as creates preconditions for the violation of constitutional guarantees of freedom and personal inviolability. Based on an analysis of judicial practice, in particular the decisions of the Supreme Court, the Constitutional Court of Ukraine, and administrative courts, it has been substantiated that the use of delivery and detention for the purpose of “clarifying data” that can be obtained through electronic information interaction between state registries does not comply with the principles of legality, proportionality, and the rule of law. It is emphasized that the digitization of military registration, in particular the functioning of the “Oberig” system, creates new conditions for minimizing physical coercion and optimizing administrative procedures. It was concluded that improving legal regulation in this area should consist of a clear division of powers between the National Police of Ukraine and the TCC and SP, the elimination of conflicts between acts of different legal force, and the introduction of clear procedural guarantees when applying administrative detention and delivery measures. The implementation of such changes is a necessary condition for ensuring a balance between the public interests of the state in the field of defense capability and the adequate protection of human rights and freedoms.

  • Research Article
  • 10.24144/2788-6018.2026.02.1.27
On the issue of administrative supervision of the activities of local self-government bodies in European countries: practice for Ukraine
  • Apr 14, 2026
  • Analytical and Comparative Jurisprudence
  • O M Rudneva + 1 more

Modern Ukrainian legislation almost does not contain a systematic legal basis for administrative supervision over the activities of local self-government bodies. Accordingly, there is no clear procedure for implementing the constitutional norm on the suspension of decisions of local self-government bodies on the grounds of their inconsistency with the Constitution or laws of Ukraine with a simultaneous appeal to the court (Article 144 of the Constitution of Ukraine). Moreover, the concept of administrative supervision has a rather narrow meaning, namely, ensuring the legality of the activities of local self-government bodies, therefore it does not cover supervision over the appropriateness and effectiveness of costs for the implementation of relevant powers. Thus, a certain gap in the legislation is seen, which, among other things, affects the domestic European integration course. Further decentralization reform is impossible without proper and effective administrative supervision. And this is a direct failure to comply with the standards of the European Charter of Local Self-Government of 1985, in particular, Article 8. International partners have repeatedly drawn attention to this issue in the context of our European integration movement. Therefore, this paper addresses the issue of incomplete regulation of administrative supervision over the activities of local governments. It emphasizes the need to update this issue and prepare a number of draft laws that could comprehensively regulate state supervision over the activities of local governments. And in this regard, the paper outlines several theses regarding the newly adopted Law of November 5, 2025 “On Amendments to Certain Legislative Acts of Ukraine on Ensuring Legality and Transparency in the Activities of Local Governments” No. 4677-IX. In particular, it highlights some problematic aspects of the relevant Law, which should resolve the above issues. At the same time, the main focus of the article is aimed at finding useful practices for the implementation and functioning of administrative supervision over municipal authorities in European countries, in particular, France, Spain, Portugal, etc. Taking into account the study of the practice of state supervision over local self-government in the countries studied, several conclusions were formed. In particular, the fact that in Spain the model of administrative supervision has many different control instruments, therefore, the leading role of the civil governor is not seen in this process, as is the case in Portugal. In turn, the French prefectural model contains interesting moderate mechanisms for implementing administrative supervision over the legality of acts of local self-government bodies. And such a practice could actually be interesting and useful for Ukraine.

  • Research Article
  • 10.24144/2788-6018.2026.02.1.47
The role of the Supreme Court in the exercise by a person right to cassation review of a court decision: problematic aspects
  • Apr 14, 2026
  • Analytical and Comparative Jurisprudence
  • S Y Fursa + 1 more

In this article, the authors analyze the problems that arise when a person exercises his right to cassation review of court decisions. The emphasis is on the procedure for admitting a cassation appeal and its consideration by the Supreme Court. The authors made a scientific analysis of the works of scientists who studied this issue and expressed their well-founded opinions on the contradictions of the norms of the Code of Civil Procedure of Ukraine, which regulate the right to cassation appeal by individuals of cases that were considered in the simplified claim proceedings, the classification of certain categories of cases as minor, cases of minor complexity. As for the cassation filters provided for in the Code of Civil Procedure of Ukraine, the latter did not solve the problems that occur in cassation proceedings, but on the contrary, they deepened them, since they prevent individuals from exercising their constitutional right to access justice. It is proposed to significantly improve the procedure for cassation review of court decisions and bring it into line with constitutional principles. The authors analyzed the exceptions provided for by the Code of Civil Procedure for certain categories of cases and, under certain conditions, the possibility of appealing court decisions in such cases. They proved that the right of a person to a cassation appeal guaranteed by the Constitution of Ukraine is not limited by specific terminology, ambiguous understanding of certain legislative terms, or the use of value judgments that are perceived and interpreted differently by different courts. Such provisions of the Code of Civil Procedure of Ukraine contradict the principle of certainty, therefore, scientists should make every effort to update the Code of Civil Procedure of Ukraine. First of all, human rights should be protected, and not the development of a “unified judicial practice” should be considered the quintessence of judicial activity. When considering cases, the real requirements and interests of the participants in the case should be taken into account, the legal positions of the Supreme Court should be reviewed, and thus access to cassation proceedings should be opened to those complaints where the positions of this Court are questioned. But now a paradoxical situation is developing, when erroneous court decisions and legal positions of the Supreme Court become a “model” for resolving similar cases by other courts, and this destabilizes to a certain extent the application of the norms of the law. The authors substantiate that the right to cassation appeal of a court decision should be consistent with Article 3 of the Constitution of Ukraine and, taking into account the provisions of this norm, should be recreated in the Code of Civil Procedure of Ukraine.

  • Research Article
  • 10.24144/2788-6018.2026.02.1.14
Law and security: a strategy for integration in the context of a constitutional model of statehood
  • Apr 14, 2026
  • Analytical and Comparative Jurisprudence
  • O S Horai

The article identifies that the modern national security model in Ukraine is impossible without the integration of principles of respect for human rights and freedoms. The constitutional system of state governance requires a balance between the tasks of ensuring public security and the duty to guarantee the fundamental rights of the individual. The concept of constitutional security is revealed as a comprehensive category that encompasses not only the protection of territorial integrity and state sovereignty, but also the creation of conditions for the free development of the individual, the protection of dignity, privacy, freedom, and legal status. It is emphasized that in the context of hybrid threats and martial law, legal support for balancing freedom and security acquires particular importance. The article explores the normative foundations and doctrinal approaches to the formation of the security system in Ukraine, focusing on its humanitarian and human rights dimension. Attention is given to the role of the Constitution of Ukraine, national security legislation, and international legal instruments that obligate the state to comply with human rights standards even under crisis conditions. This study examines the challenges of reconciling law and security in the context of a digitalising society. It argues that the challenges of the digital age do not negate the classical model of security, but rather require its functional updating, whereby constitutional principles remain constant whilst the scope of their application is significantly expanded. It is emphasised that Ukraine, situated at the intersection of military challenges and digital development, has a unique opportunity to combine innovative approaches with legal continuity and to formulate a security model that is consistent with human rights and aimed at their effective realisation. It is analyzed that the national system of legal security provision is undergoing a transformation: from a force-based model to a human-centered approach. This requires a rethinking of the powers of security institutions, strengthening parliamentary and judicial oversight, and ensuring transparency and accountability in state security policy.

  • Research Article
  • 10.24144/2788-6018.2026.02.1.58
Specificity of a commercial contract in the context of entrepreneurial activity
  • Apr 14, 2026
  • Analytical and Comparative Jurisprudence
  • M V Stupnyk + 1 more

The article is devoted to a comprehensive study of the legal nature and specific features of a commercial contract as a legal form of mediation of economic relations between business entities in the conditions of the modern market economy of Ukraine. The relevance of the study is due to the loss of validity of the Commercial Code of Ukraine on August 28, 2025 and the reorientation of the legal regulation of contractual relations in the field of business to the norms of the Civil Code of Ukraine. These transformations require a rethinking of the conceptual foundations of a commercial contract, its place in the legal system and the practice of applying contractual structures by business entities. The article analyzes doctrinal approaches to the definition of a commercial contract, in particular the controversial issue of its independence as a legal category or type of civil law contract. The authors define a commercial contract as an agreement between business entities aimed at establishing, changing or terminating commercial rights and obligations in order to ensure economic and social needs through entrepreneurial activity. The functions of a commercial contract are disclosed in detail: a legal fact, a regulator of the behavior of the parties and a means of protecting the interests of participants in economic turnover. Seven specific features of a commercial contract are identified: a special subject composition (business entities), an economic purpose, an entrepreneurial nature of activity, an equivalent-paid nature, a mandatory written form, freedom of contract with certain restrictions, the specifics of liability for breach of contractual obligations. The legal nature of a commercial contract as an inter-branch legal institution that combines the features of private law and public law regulation is separately disclosed. It is stated that the abolition of the Commercial Code of Ukraine and the transition to the regulation of commercial contracts by the norms of the Civil Code of Ukraine necessitates the formation of new doctrinal approaches and practical tools to ensure the specifics of business relations in the contractual sphere.