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Legal regulation of alternative (non-military) service in the republic of Lithuania: lessons for Ukraine

Purpose. The purpose of this study is to analyze the legal framework and institutional mechanism of alternative (non-military) service in the Republic of Lithuania, with a focus on the potential for implementing effective legal solutions into Ukrainian legislation. Methodology. The study applies general scientific and specialized legal research methods, including formal legal, comparative legal, system-analytical methods, as well as the method of normative modeling. An analysis of the current legislation of Lithuania has been conducted. Results. The study demonstrates that the Republic of Lithuania ensures the effective functioning of the institution of alternative service in accordance with international standards. Lithuanian legislation guarantees the right to alternative service during general mobilization, provides centralized state funding, does not limit this right exclusively to members of specific religious organizations, and grants deferment for clergy. The research reveals significant differences from the Ukrainian practice, including: the financial burden placed on institutions where the service is carried out; the absence of legal guarantees during mobilization; limitations based on the type of religious organization; and the lack of a functioning mechanism for clergy deferment. Scientific novelty. This study is the first to provide a comprehensive analysis of the legal mechanism for the functioning of alternative service in Lithuania from the perspective of its potential application in the Ukrainian legal context. Practical significance. The findings of this research may be used to substantiate amendments to Ukrainian legislation aimed at expanding the legal grounds for alternative service, regulating its funding, ensuring guarantees in wartime, and harmonizing national legislation with international human rights standards.

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CRIMINOLOGICAL CHARACTERISTICS OF THE OFFENDER COMMITTING SEXUAL AND GENDER-BASED VIOLENCE

Purpose. The article is dedicated to the study of the specific features of the criminological characteristics of an offender who commits sexual and gender-based violence. The author outlines a wide range of issues concerning the main criminological characteristics of an offender who commits sexual and gender-based violence. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material, and the formulation of relevant conclusions and recommendations. The following scientific research methods were used during the study: correlation analysis, comparative legal method, and statistical analysis. Results. The article demonstrates that the motivational sphere of a significant portion of the individuals studied is characterized by the dominance of the need for power and control, as well as a distorted understanding of gender roles and interpersonal relationships. The combination of personality disorders with substance abuse, which acts as a catalyst for violent behavior, is frequently observed. Understanding the criminological characteristics of offenders is necessary for improving investigation methods, assigning appropriate punishment, and developing rehabilitation programs aimed at preventing the recurrence of violent behavior. Further research in this area should focus on an in-depth study of specific subtypes of offenders and the development of differentiated approaches to their correction. Originality. The analysis of socio-demographic, psychological, and criminal-legal characteristics revealed the heterogeneity of this category of offenders, but allowed for the identification of certain typological features. It was found that the motivational sphere of a significant portion of the individuals studied is characterized by the dominance of the need for power and control, as well as a distorted understanding of gender roles and interpersonal relationships. The combination of personality disorders with substance abuse, which acts as a catalyst for violent behavior, is frequently observed. The significant role of a deformed value-normative sphere, the presence of aggressive tendencies, a low level of empathy, and a propensity for manipulative behavior as key predictors of violent acts have been established. Practical Significance. The research findings can be utilized in law-making and law enforcement activities, leading to: Increased effectiveness of preventive strategies; Improved responses from law enforcement agencies and the justice system; Development of rehabilitation and correctional programs.

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THE STATE-LEGAL STRUCTURE OF UKRAINE IN THE POLITICAL PARADIGM OF THE OUN

Purpose. The purpose of the article is a comprehensive study of the concept of state structure developed by the Organization of Ukrainian Nationalists (OUN) in the first half of the 20th century, with a focus on analyzing the fundamental ideological principles, model of governance, understanding of human rights and freedoms, the role of the nation in the system of public administration, as well as identifying the link between the political doctrine of OUN and the practical forms of its implementation in the context of the national liberation struggle. Methodology. The study employs historical-legal and political-legal methods to analyze the ideological sources of the OUN, its program documents, publicist writings of its leaders, and normative acts of the liberation period. A comparative approach is also applied to juxtapose the concept of the OUN’s state structure with other national and European political models of the first half of the 20th century. Results. The article presents a comprehensive historical and legal analysis of the political-legal paradigm of state structure formulated in the ideology of the Organization of Ukrainian Nationalists (OUN) during the 1920s–1940s. It identifies the key stages of the formation of state-building ideas, beginning with the works of Mykola Mikhnovsky, Dmytro Dontsov, Mykola Stsiborskyi, and Yaroslav Stetsko. It is established that the OUN’s vision of the future Ukrainian state was based on the principles of unitarism, presidential republic, the combination of social justice with the ideas of natsiocracy, a bicameral parliament, democratic separation of powers, and popular sovereignty. It is shown that during World War II, the OUN and UPA institutionalized their ideas by creating the Ukrainian Supreme Liberation Council (UGVR), which functioned as a de facto state body under occupation. The article analyzes the legal doctrine and organizational forms of governance, which, despite certain authoritarian elements, contained conceptual foundations of a democratic order based on historical traditions of Ukrainian self-government. Scientific novelty. For the first time in Ukrainian legal scholarship, a systematic generalization of the theoretical and programmatic sources of the OUN as a subject of national state-building is conducted, and its concept of a sovereign democratic state, adapted to the historical and political realities of the 20th century, is outlined—practical significance. The research findings can be applied to the modernization of Ukraine’s constitutional model, particularly regarding the institution of a bicameral parliament, personalized accountability of government, and the unitary structure of the state in conditions of military threat. The research materials are also relevant for national legal education, patriotic upbringing, and the formation of national identity.

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Psychological culture of a lawyer in a socio-cultural context

Purpose. The purpose of this article is to understand the essence of the psychological culture of lawyers and the main problematic aspects of its formation and development in the socio-cultural conditions of modern Ukraine. Methodology. To solve individual research tasks, the following main methods were used: psychological, sociological (phenomenological-communicative), systemic-historical. The main methodological principles of the theory of constructivism were also updated. Results. The existence of a wide range of scientific approaches to the interpretation of the content of the psychological culture of a lawyer is stated. An underestimation of its role in the process of forming the professional culture of a lawyer is revealed. The need to use a deep psychological methodology in the formation of the professional culture of a lawyer is substantiated. Attention is focused on the dependence of the level of development of legal professional culture on the peculiarities of the national mentality and socio-cultural situation in the country. The prospects of the constructivist approach in the formation of the psychological culture of future lawyers are indicated. The potential of this approach in the development of pedagogical technologies in the system of legal education is characterized. Originality. The determining role of psychological culture in the development of the professional culture of a lawyer as an integrating component of its structure is substantiated. The prospects for the development of the psychological culture of future lawyers on the basis of the theory of constructivism are determined. Practical significance. The results of the study can be used in the process of developing educational standards and educational programs for the training of lawyers

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MESSENGERS AS MEANS OF COMMITTING CRIMINAL OFFENSES: SPECIFIC ASPECTS OF PRE-TRIAL INVESTIGATION AND INTERNATIONAL LEGAL REGULATION

Purpose. The purpose of the article is to study and highlight the legal aspects of using information and telecommunication systems and technologies, particularly messengers, in criminal activity, to outline the problems that arise in the process of searching, detecting, obtaining (seizing), fixing in the proper legal form, examining, and evaluating information contained in messengers, which may be stored on a mobile device or PC, or on remote servers. Methodology. The methodological basis of the research consists of general scientific principles and approaches, as well as special scientific methods for studying socio-legal processes and phenomena. Among them are: historical, dogmatic, comparative legal, formal logical, system-structural methods, and the modeling method. Results. Development of theoretical and methodological approaches and practical recommendations for improving the methods and means of searching, detecting, obtaining (seizing), fixing, examining, and evaluating information contained in information and telecommunication systems, which may have evidentiary value in criminal proceedings. Scientific novelty. This is one of the first studies in Ukraine where, based on the analysis of scientific works by Ukrainian and foreign scholars, as well as the practice of investigation and judicial proceedings, the theoretical aspects are disclosed and practical methods for conducting pre-trial investigation of criminal offenses committed using messengers are proposed. Practical significance. The practical significance lies in the fact that the conclusions, recommendations, and proposals formulated in the study can be used in the practical activities of pre-trial investigation bodies, prosecutor's offices, as well as defense lawyers, in order to increase the effectiveness of criminal proceedings regarding crimes committed using messengers.

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DIGITALIZATION OF ENFORCEMENT PROCEEDINGS AS A MEANS OF ENSURING JUDICIAL OVERSIGHT OF JUDGMENT EXECUTION IN CIVIL PROCEEDINGS IN UKRAINE

Purpose. The purpose of our study is to analyze the digitalization of enforcement proceedings as a way to ensure judicial control over the execution of decisions in the civil justice of Ukraine. Methodology. The methodology includes the comprehensive use of scientific approaches and principles, as well as general scientific, philosophical and special scientific methods. Methods. The following methods of scientific knowledge were used during the study: analysis of literary sources, dogmatic, comparative law, systematic method, logical sequence. Findings. It was established that, since enforcement proceedings include both intellectual and physical actions that are performed in stages and take a significant amount of time, there is an urgent need to digitize the processes of collecting property and debtors' funds, aimed at ensuring compliance with reasonable deadlines in enforcement proceedings. Optimization of such procedures is an important step towards increasing the efficiency of the entire system. After all, to ensure effective legal protection and proper execution of enforcement documents, the entire process must be as operational as possible. It is stated that the national legislation in the field of digitalization of enforcement proceedings as a method of ensuring judicial control over the execution of decisions in civil proceedings of Ukraine, despite significant progress, requires further transformation. Originality. An analysis of national legislation on the subject of digitalization of enforcement proceedings as a method of ensuring judicial control over the execution of decisions in civil proceedings of Ukraine was carried out, recommendations for its further improvement were given. Practical significance. The results of the study can be used in further legal research related to the issue of digitalization of enforcement proceedings as a method of ensuring judicial control over the execution of decisions in civil proceedings of Ukraine, as well as the preparation of special courses.

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THE WORK OF THE SUPREME COUNCIL UNDER MARTIAL LAW

Goal. The purpose of this article is to study and in-depth analysis of the legal regime of the functioning of the Verkhovna Rada during the period of martial law. In particular, attention is focused on the steps that became a priority in the implementation of the work of the Verkhovna Rada during this period, the adaptation of the holding of sessional meetings as close as possible to the usual regime. Method. The analysis and generalization of scientific and theoretical material were carried out. The research followed such methods of scientific knowledge as comparative, system-structural, analysis, and synthesis. Results. In the process of the study, a general analysis of the facts was conducted on how effective and active the institution of legislative power is in martial law. After all, it is necessary to understand that war forces, due to circumstances, to act circumstantially at the level of certain norms. And for this, it is necessary to have an effective legislative lever. Scientific novelty. The issue of legislation will always occupy one of the leading places in the field of novelty. Because it directly affects the life of the state, its citizens. This is its domestic and foreign policy. And in what perspective of objectivity, certain laws, regulatory acts are adopted, accordingly, tomorrow will meet us. Practical significance. The results and conclusions of scientific research can be applied or taken into account in law enforcement practice and consulting.

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INTERNATIONAL STANDARDS OF THE INSTITUTION OF CHILD ADOPTION

Purpose. The purpose of the article is to study the foreign experience of legal regulation of adoption of children by foreigners, primarily under the laws of the European Union and the countries bordering Ukraine. Methodology. In order to achieve this goal, the author conducted a comprehensive analysis of the available information on the issue under consideration and formed conclusions and proposals based on the same. The following methods of scientific cognition were used in the course of the study: dialectical, system-structural, terminological, system-functional, historical, normative-dogmatic, and generalization methods. Results. As a result of the research, it was found that in the practice of the states neighboring Ukraine and the European Union member states, there are three approaches to determining the procedure for the adoption of children by foreign citizens: by determining the national regime for foreigners, similar to that which exists for citizens of the respective state (Latvia); by determining the conflict of laws applicable to adoption relations, as defined in civil codes (Germany, France, Czech Republic or separate laws on private international law (Spain, Switzerland); through the establishment of a separate adoption procedure (Bulgaria, Belarus, Moldova, Ireland) or the exceptional case of adoption by foreigners using the same adoption procedure as in domestic adoption (Poland, Hungary). Originality. For the first time, the author systematizes and summarizes the material on the peculiarities of legal regulation of adoption of children by foreigners under the family law of foreign countries and identifies international standards for the functioning of this institution. Practical significance. The results of the research can be used in the law-making and human rights activities of officials, human rights activists and scholars regarding the legal regulation of adoption of children by foreigners under the family law of Ukraine based on the international standards that have been formed on the European continent.

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The Influence of Historical Narratives on Legal Consciousness

Purpose. The article aims to identify the mechanisms through which historical narratives influence the formation of legal consciousness at both individual and societal levels, taking into account the cultural context, political memory, and specific features of the legal tradition. The focus is placed on both the constructive and destructive consequences of historical discourse for legal culture development and the legal system's legitimization. Method. In the course of studying the influence of historical narratives on legal consciousness, a complex of interdisciplinary methods was applied, including hermeneutic analysis of texts and discourses, a structural-functional approach to examining legal consciousness as an element of the legal system, comparative legal analysis of legal culture models in historical and contemporary contexts, as well as socio-cultural and narrative analysis aimed at uncovering the mechanisms of constructing collective memory that shapes perceptions of legitimacy, justice, and the functions of law. Results. The study revealed that historical narratives reflect the collective interpretation of the past and actively shape perceptions of justice, the boundaries of legitimate authority, and acceptable forms of legal behavior. It was established that the content and sources of narratives (official, alternative, traumatic) determine the level of trust in law within a post-totalitarian society. The role of institutions (education, media, memory policy) was identified as a key channel influencing legal consciousness by representing historical experience. It is substantiated that the transformation of legal culture in Ukraine occurs under the influence of a conflict between the Soviet legacy and the national-liberation narrative, exacerbated by martial law conditions. Scientific novelty. A comprehensive theoretical and legal conceptualization of the historical narrative as a factor in transforming legal consciousness in a post-totalitarian national context has been carried out for the first time. Practical significance. The results obtained can be used in developing educational programs, media strategies, and state memory policy to foster a democratic legal culture.

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Theoretical basis of protection of the state interest in public and private law

The purpose of the article is to develop theoretical approaches to possible instruments for protecting the State's interests in the field of public law. Methodology. The research is based on the analysis and generalization of the available practical, scientific and theoretical material and the formation of relevant conclusions. The following methods of scientific cognition were used in the research: logical-semantic, systemstructural, terminological, system-functional, structural-logical, normative-dogmatic, method of generalization. Results. The author has researched and grouped the works of modern legal scholars who have studied various aspects of protection of the state interests in public and private law. Scientific novelty. The author examines the current state and prospects of understanding the issues of protection of the State interests in public and private law. The author analyzes important ideas of thinkers, philosophers, and lawyers regarding the essence of private and public interests of the State from the earliest times of development of political and legal thought to the present day. The author identifies the key areas for further elaboration of the correlation of these categories in the field of protection of the State's interests. The practical significance is that protecting the interests of the state is an objective necessity and duty of public authorities. At the same time, the protection of state interests at the legislative, administrative and judicial levels may be accompanied by restrictions on human rights, freedoms and relevant private interests, and a certain derogation by the state from the guarantees of protection of fundamental human rights. Such actions of the state aimed at protecting the state interests should be assessed in terms of compliance with the principles of the institution of state responsibility, including its national and international legal aspects.

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